Florida Senate - 2021 SB 856 By Senator Hutson 7-00988A-21 2021856__ 1 A bill to be entitled 2 An act relating to the state preemption of energy 3 infrastructure regulations; creating s. 377.6013, 4 F.S.; defining the term “energy infrastructure”; 5 preempting to the state the regulation of the 6 construction of energy infrastructure; providing 7 construction; providing an effective date. 8 9 WHEREAS, the Legislature finds that affordable, reliable, 10 and sustainable energy throughout this state is dependent upon 11 energy infrastructure networks extending beyond local 12 governmental boundaries, and 13 WHEREAS, the Legislature recognizes the importance of 14 consumer choice in the energy market, NOW, THEREFORE, 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 377.6013, Florida Statutes, is created 19 to read: 20 377.6013 Construction of energy infrastructure; 21 preemption.— 22 (1) As used in this section, the term “energy 23 infrastructure” means infrastructure used to support the 24 production, import, storage, and distribution of natural gas; 25 petroleum; petroleum products; electricity; biomass; renewable 26 fuels; hydrogen; or solar, wind, or geothermal energy. 27 (2) The regulation of the construction of energy 28 infrastructure is expressly preempted to the state. A local 29 governmental entity may not do any of the following: 30 (a) Implement any law, ordinance, regulation, policy, or 31 resolution that prohibits, restricts, or requires, or has the 32 effect of prohibiting, restricting, or requiring, the 33 construction of new or the expansion, upgrading, or repair of 34 existing energy infrastructure. 35 (b) Impose requirements that are more stringent than state 36 law or rule. 37 Section 2. Any local governmental law, ordinance, 38 regulation, policy, or resolution that is preempted by this act 39 and that existed before, on, or after July 1, 2021, is void. 40 Section 3. This act shall take effect July 1, 2021.