August 02, 2014
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Senate Bill 0888

Senate Bill sb0888er

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  1                                 

  2         An act relating to energy; providing

  3         legislative findings and intent; creating s.

  4         377.801, F.S.; creating the "Florida Renewable

  5         Energy Technologies and Energy Efficiency Act";

  6         creating s. 377.802, F.S.; stating the purpose

  7         of the act; creating s. 377.803, F.S.;

  8         providing definitions; creating s. 377.804,

  9         F.S.; creating the Renewable Energy

10         Technologies Grants Program; providing program

11         requirements and procedures, including matching

12         funds; requiring the Department of

13         Environmental Protection to adopt rules and

14         coordinate with the Department of Agriculture

15         and Consumer Services; requiring joint

16         departmental approval for the funding of any

17         project; specifying a period during which the

18         sale of energy-efficient products is exempt

19         from certain tax; providing a limitation;

20         providing a definition; prohibiting purchase of

21         products by certain payment methods; providing

22         that certain purchases or attempts to purchase

23         are unfair methods of competition and

24         punishable as such; authorizing the Department

25         of Revenue to adopt rules; creating s. 377.806,

26         F.S.; creating the Solar Energy System

27         Incentives Program; providing program

28         requirements, procedures, and limitations;

29         requiring the Department of Environmental

30         Protection to adopt rules; creating the Florida

31         Energy Commission within the Office of


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 1         Legislative Services; providing for

 2         appointment, qualifications, and terms of

 3         members; authorizing certain persons to attend

 4         meetings of and advise the commission;

 5         providing for reimbursement for travel expenses

 6         and per diem; providing for meetings; providing

 7         purposes and guiding principles of the

 8         commission; requiring recommendations and

 9         reports; providing legislative intent;

10         providing rulemaking authority; amending s.

11         212.08, F.S.; providing definitions for the

12         terms "biodiesel," "ethanol," and "hydrogen

13         fuel cells"; providing tax exemptions in the

14         form of a rebate for the sale or use of certain

15         equipment, machinery, and other materials for

16         renewable energy technologies; providing

17         eligibility requirements and tax credit limits;

18         authorizing the Department of Revenue to adopt

19         rules; directing the Department of

20         Environmental Protection to determine and

21         publish certain information relating to such

22         exemptions; providing for expiration of the

23         exemption; amending s. 213.053, F.S.;

24         authorizing the Department of Revenue to share

25         certain information with the Department of

26         Environmental Protection for specified

27         purposes; amending s. 220.02, F.S.; providing

28         the order of application of the renewable

29         energy technologies investment tax credit;

30         creating s. 220.192, F.S.; providing

31         definitions; establishing a corporate tax


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 1         credit for certain costs related to renewable

 2         energy technologies; providing eligibility

 3         requirements and credit limits; providing

 4         certain authority to the Department of

 5         Environmental Protection and the Department of

 6         Revenue; directing the Department of

 7         Environmental Protection to determine and

 8         publish certain information; providing for

 9         expiration of the tax credit; creating s.

10         220.193, F.S.; creating the Florida renewable

11         energy production credit; providing

12         definitions; providing a tax credit for the

13         production and sale of renewable Florida

14         energy; providing for the use and transfer of

15         the tax credit; authorizing the Department of

16         Revenue to adopt rules concerning the tax

17         credit; amending s. 220.13, F.S.; providing

18         additions to the definition of "adjusted

19         federal income"; amending s. 186.801, F.S.;

20         revising the provisions of electric utility

21         10-year site plans to include the effect on

22         fuel diversity; amending s. 366.04, F.S.;

23         revising the safety standards for public

24         utilities; amending s. 366.05, F.S.;

25         authorizing the Public Service Commission to

26         adopt certain construction standards and make

27         certain determinations; directing the

28         commission to conduct a study and provide a

29         report by a certain date; creating s. 366.92,

30         F.S.; relating to the Florida renewable energy

31         policy; providing intent; providing


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 1         definitions; authorizing the Florida Public

 2         Service Commission to adopt goals for

 3         increasing the use of Florida renewable energy

 4         resources; authorizing the commission to adopt

 5         rules; requiring the commission to conduct a

 6         study and review; providing criteria for such

 7         study and a review; requiring the commission to

 8         provide a review and recommendations to the

 9         Governor and Legislature by a certain date;

10         amending s. 403.503, F.S.; revising and

11         providing definitions applicable to the Florida

12         Electrical Power Plant Siting Act; amending s.

13         403.504, F.S.; providing the Department of

14         Environmental Protection with additional powers

15         and duties relating to the Florida Electrical

16         Power Plant Siting Act; amending s. 403.5055,

17         F.S.; revising provisions for certain permits

18         associated with applications for electrical

19         power plant certification; amending s. 403.506,

20         F.S.; revising provisions relating to

21         applicability and certification of certain

22         power plants; amending s. 403.5064, F.S.;

23         revising provisions for distribution of

24         applications and schedules relating to

25         certification; amending s. 403.5065, F.S.;

26         revising provisions relating to the appointment

27         of administrative law judges and specifying

28         their powers and duties; amending s. 403.5066,

29         F.S.; revising provisions relating to the

30         determination of completeness for certain

31         applications; creating s. 403.50663, F.S.;


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 1         authorizing certain local governments and

 2         regional planning councils to hold an

 3         informational public meeting about a proposed

 4         electrical power plant or associated

 5         facilities; providing requirements and

 6         procedures therefor; creating s. 403.50665,

 7         F.S.; requiring local governments to file

 8         certain land use determinations; providing

 9         requirements and procedures therefor; repealing

10         s. 403.5067, F.S., relating to the

11         determination of sufficiency for certain

12         applications; amending s. 403.507, F.S.;

13         revising required preliminary statement

14         provisions for affected agencies; requiring a

15         report as a condition precedent to the project

16         analysis and certification hearing; amending s.

17         403.508, F.S.; revising provisions relating to

18         land use and certification hearings, including

19         cancellation and responsibility for payment of

20         expenses and costs; requiring certain notice;

21         amending s. 403.509, F.S.; revising provisions

22         relating to the final disposition of certain

23         applications; providing requirements and

24         provisions with respect thereto; amending s.

25         403.511, F.S.; revising provisions relating to

26         the effect of certification for the

27         construction and operation of proposed

28         electrical power plants; providing that

29         issuance of certification meets certain coastal

30         zone consistency requirements; creating s.

31         403.5112, F.S.; requiring filing of notice for


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 1         certified corridor routes; providing

 2         requirements and procedures with respect

 3         thereto; creating s. 403.5113, F.S.;

 4         authorizing postcertification amendments for

 5         power plant site certification applications;

 6         providing requirements and procedures with

 7         respect thereto; amending s. 403.5115, F.S.;

 8         requiring certain public notice for activities

 9         relating to electrical power plant site

10         application, certification, and land use

11         determination; providing requirements and

12         procedures with respect thereto; directing the

13         Department of Environmental Protection to

14         maintain certain lists and provide copies of

15         certain publications; amending s. 403.513,

16         F.S.; revising provisions for judicial review

17         of appeals relating to electrical power plant

18         site certification; amending s. 403.516, F.S.;

19         revising provisions relating to modification of

20         certification for electrical power plant sites;

21         amending s. 403.517, F.S.; revising provisions

22         relating to supplemental applications for sites

23         certified for ultimate site capacity; amending

24         s. 403.5175, F.S.; revising provisions relating

25         to existing electrical power plant site

26         certification; revising the procedure for

27         reviewing and processing applications;

28         requiring additional information to be included

29         in certain applications; amending s. 403.518,

30         F.S.; revising the allocation of proceeds from

31         certain fees collected; providing for


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 1         reimbursement of certain expenses; directing

 2         the Department of Environmental Protection to

 3         establish rules for determination of certain

 4         fees; eliminating certain operational license

 5         fees; providing for the application,

 6         processing, approval, and cancellation of

 7         electrical power plant certification; amending

 8         s. 403.519, F.S.; directing the Public Service

 9         Commission to consider fuel diversity and

10         reliability in certain determinations;

11         providing requirements and procedures for

12         determination of need for certain power plants;

13         providing an exemption from purchased power

14         supply bid rules under certain circumstances;

15         creating s. 366.93, F.S.; providing

16         definitions; requiring the Public Service

17         Commission to implement rules related to

18         nuclear power plant cost recovery; requiring a

19         report; amending s. 403.52, F.S.; changing the

20         short title to the "Florida Electric

21         Transmission Line Siting Act"; amending s.

22         403.521, F.S.; revising legislative intent;

23         amending s. 403.522, F.S.; revising

24         definitions; defining the terms "licensee" and

25         "maintenance and access roads"; amending s.

26         403.523, F.S.; revising powers and duties of

27         the Department of Environmental Protection;

28         requiring the department to collect and process

29         fees, to prepare a project analysis, to act as

30         clerk for the siting board, and to administer

31         and manage the terms and conditions of the


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 1         certification order and supporting documents

 2         and records; amending s. 403.524, F.S.;

 3         revising provisions for applicability,

 4         certification, and exemptions under the act;

 5         revising provisions for notice by an electric

 6         utility of its intent to construct an exempt

 7         transmission line; amending s. 403.525, F.S.;

 8         providing for powers and duties of the

 9         administrative law judge designated by the

10         Division of Administrative Hearings to conduct

11         the required hearings; amending s. 403.5251,

12         F.S.; revising application procedures and

13         schedules; providing for the formal date of

14         filing an application for certification and

15         commencement of the certification review

16         process; requiring the department to prepare a

17         proposed schedule of dates for determination of

18         completeness and other significant dates to be

19         followed during the certification process;

20         providing for the formal date of application

21         distribution; requiring the applicant to

22         provide notice of filing the application;

23         amending s. 403.5252, F.S.; revising timeframes

24         and procedures for determination of

25         completeness of the application; requiring the

26         department to consult with affected agencies;

27         revising requirements for the department to

28         file a statement of its determination of

29         completeness with the Division of

30         Administrative Hearings, the applicant, and all

31         parties within a certain time after


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 1         distribution of the application; revising

 2         requirements for the applicant to file a

 3         statement with the department, the division,

 4         and all parties, if the department determines

 5         the application is not complete; providing for

 6         the statement to notify the department whether

 7         the information will be provided; revising

 8         timeframes and procedures for contests of the

 9         determination by the department; providing for

10         parties to a hearing on the issue of

11         completeness; amending s. 403.526, F.S.;

12         revising criteria and procedures for

13         preliminary statements of issues, reports, and

14         studies; revising timeframes; requiring that

15         the preliminary statement of issues from each

16         affected agency be submitted to the department

17         and the applicant; revising criteria for the

18         Department of Community Affairs' report;

19         requiring the Department of Transportation, the

20         Public Service Commission, and any other

21         affected agency to prepare a project report;

22         revising required content of the report;

23         providing for notice of any nonprocedural

24         requirements not listed in the application;

25         providing for failure to provide such

26         notification; providing for a recommendation

27         for approval or denial of the application;

28         providing that receipt of an affirmative

29         determination of need is a condition precedent

30         to further processing of the application;

31         requiring that the department prepare a project


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 1         analysis to be filed with the administrative

 2         law judge and served on all parties within a

 3         certain time; amending s. 403.527, F.S.;

 4         revising procedures and timeframes for the

 5         certification hearing conducted by the

 6         administrative law judge; revising provisions

 7         for notices and publication of notices, public

 8         hearings held by local governments, testimony

 9         at the public-hearing portion of the

10         certification hearing, the order of

11         presentations at the hearing, and consideration

12         of certain communications by the administrative

13         law judge; requiring the applicant to pay

14         certain expenses and costs; requiring the

15         administrative law judge to issue a recommended

16         order disposing of the application; requiring

17         that certain notices be made in accordance with

18         specified requirements and within a certain

19         time; requiring the Department of

20         Transportation to be a party to the

21         proceedings; providing for the administrative

22         law judge to cancel the certification hearing

23         and relinquish jurisdiction to the Department

24         of Environmental Protection upon request by the

25         applicant or the department; requiring the

26         department and the applicant to publish notice

27         of such cancellation; providing for parties to

28         submit proposed recommended orders to the

29         department when the certification hearing has

30         been canceled; providing that the department

31         prepare a recommended order for final action by


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 1         the siting board when the hearing has been

 2         canceled; amending s. 403.5271, F.S.; revising

 3         procedures and timeframes for consideration of

 4         proposed alternate corridors; revising notice

 5         requirements; providing for notice of the

 6         filing of the alternate corridor and revised

 7         time schedules; providing for notice to

 8         agencies newly affected by the proposed

 9         alternate corridor; requiring the person

10         proposing the alternate corridor to provide all

11         data to the agencies within a certain time;

12         providing for a determination by the department

13         that the data is not complete; providing for

14         withdrawal of the proposed alternate corridor

15         upon such determination; requiring that

16         agencies file reports with the applicant and

17         the department which address the proposed

18         alternate corridor; requiring that the

19         department file with the administrative law

20         judge, the applicant, and all parties a project

21         analysis of the proposed alternate corridor;

22         providing that the party proposing an alternate

23         corridor has the burden of proof concerning the

24         certifiability of the alternate corridor;

25         amending s. 403.5272, F.S.; revising procedures

26         for informational public meetings; providing

27         for informational public meetings held by

28         regional planning councils; revising

29         timeframes; amending s. 403.5275, F.S.;

30         revising provisions for amendment to the

31         application prior to certification; amending s.


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 1         403.528, F.S.; providing that a comprehensive

 2         application encompassing more than one proposed

 3         transmission line may be good cause for

 4         altering established time limits; amending s.

 5         403.529, F.S.; revising provisions for final

 6         disposition of the application by the siting

 7         board; providing for the administrative law

 8         judge's or department's recommended order;

 9         amending s. 403.531, F.S.; revising provisions

10         for conditions of certification; amending s.

11         403.5312, F.S.; requiring the applicant to file

12         notice of a certified corridor route with the

13         department; amending s. 403.5315, F.S.;

14         revising the circumstances under which a

15         certification may be modified after the

16         certification has been issued; providing for

17         procedures if objections are raised to the

18         proposed modification; creating s. 403.5317,

19         F.S.; providing procedures for changes proposed

20         by the licensee after certification; requiring

21         the department to determine within a certain

22         time if the proposed change requires

23         modification of the conditions of

24         certification; requiring notice to the

25         licensee, all agencies, and all parties of

26         changes that are approved as not requiring

27         modification of the conditions of

28         certification; creating s. 403.5363, F.S.;

29         requiring publication of certain notices by the

30         applicant, the proponent of an alternate

31         corridor, and the department; requiring the


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 1         department to adopt rules specifying the

 2         content of such notices; amending s. 403.5365,

 3         F.S.; revising application fees and the

 4         distribution of fees collected; revising

 5         procedures for reimbursement of local

 6         governments and regional planning

 7         organizations; amending s. 403.537, F.S.;

 8         revising the schedule for notice of a public

 9         hearing by the Public Service Commission in

10         order to determine the need for a transmission

11         line; providing that the commission is the sole

12         forum in which to determine the need for a

13         transmission line; amending ss. 373.441,

14         403.061, 403.0876, and 403.809, F.S.;

15         conforming terminology to changes made by the

16         act; repealing ss. 403.5253 and 403.5369, F.S.,

17         relating to determination of sufficiency of

18         application or amendment to the application and

19         the application of the act to applications

20         filed before a certain date; requiring the

21         Department of Environmental Protection to

22         provide a report to the Governor and

23         Legislature by a certain date; providing

24         requirements for such report; amending 403.885,

25         F.S.; revising provisions and requirements

26         relating to the stormwater management,

27         wastewater management, and water restoration

28         grants program; providing for appropriations;

29         providing effective dates.

30  

31  Be It Enacted by the Legislature of the State of Florida:


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 1         Section 1.  Legislative findings and intent.--The

 2  Legislature finds that advancing the development of renewable

 3  energy technologies and energy efficiency is important for the

 4  state's future, its energy stability, and the protection of

 5  its citizens' public health and its environment. The

 6  Legislature finds that the development of renewable energy

 7  technologies and energy efficiency in the state will help to

 8  reduce demand for foreign fuels, promote energy diversity,

 9  enhance system reliability, reduce pollution, educate the

10  public on the promise of renewable energy technologies, and

11  promote economic growth. The Legislature finds that there is a

12  need to assist in the development of market demand that will

13  advance the commercialization and widespread application of

14  renewable energy technologies. The Legislature further finds

15  that the state is ideally positioned to stimulate economic

16  development through such renewable energy technologies due to

17  its ongoing and successful research and development track

18  record in these areas, an abundance of natural and renewable

19  energy sources, an ability to attract significant federal

20  research and development funds, and the need to find and

21  secure renewable energy technologies for the benefit of its

22  citizens, visitors, and environment.

23         Section 2.  Section 377.801, Florida Statutes, is

24  created to read:

25         377.801  Short title.--Sections 377.801-377.806 may be

26  cited as the "Florida Renewable Energy Technologies and Energy

27  Efficiency Act."

28         Section 3.  Section 377.802, Florida Statutes, is

29  created to read:

30         377.802  Purpose.--This act is intended to provide

31  matching grants to stimulate capital investment in the state


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 1  and to enhance the market for and promote the statewide

 2  utilization of renewable energy technologies. The targeted

 3  grants program is designed to advance the already growing

 4  establishment of renewable energy technologies in the state

 5  and encourage the use of other incentives such as tax

 6  exemptions and regulatory certainty to attract additional

 7  renewable energy technology producers, developers, and users

 8  to the state. This act is also intended to provide incentives

 9  for the purchase of energy-efficient appliances and rebates

10  for solar energy equipment installations for residential and

11  commercial buildings.

12         Section 4.  Section 377.803, Florida Statutes, is

13  created to read:

14         377.803  Definitions.--As used in ss. 377.801-377.806,

15  the term:

16         (1)  "Act" means the Florida Renewable Energy

17  Technologies and Energy Efficiency Act.

18         (2)  "Approved metering equipment" means a device

19  capable of measuring the energy output of a solar thermal

20  system that has been approved by the commission.

21         (3)  "Commission" means the Florida Public Service

22  Commission.

23         (4)  "Department" means the Department of Environmental

24  Protection.

25         (5)  "Person" means an individual, partnership, joint

26  venture, private or public corporation, association, firm,

27  public service company, or any other public or private entity.

28         (6)  "Renewable energy" means electrical, mechanical,

29  or thermal energy produced from a method that uses one or more

30  of the following fuels or energy sources: hydrogen, biomass,

31  


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 1  solar energy, geothermal energy, wind energy, ocean energy,

 2  waste heat, or hydroelectric power.

 3         (7)  "Renewable energy technology" means any technology

 4  that generates or utilizes a renewable energy resource.

 5         (8)  "Solar energy system" means equipment that

 6  provides for the collection and use of incident solar energy

 7  for water heating, space heating or cooling, or other

 8  applications that would normally require a conventional source

 9  of energy such as petroleum products, natural gas, or

10  electricity that performs primarily with solar energy. In

11  other systems in which solar energy is used in a supplemental

12  way, only those components that collect and transfer solar

13  energy shall be included in this definition.

14         (9)  "Solar photovoltaic system" means a device that

15  converts incident sunlight into electrical current.

16         (10)  "Solar thermal system" means a device that traps

17  heat from incident sunlight in order to heat water.

18         Section 5.  Section 377.804, Florida Statutes, is

19  created to read:

20         377.804  Renewable Energy Technologies Grants

21  Program.--

22         (1)  The Renewable Energy Technologies Grants Program

23  is established within the department to provide renewable

24  energy matching grants for demonstration, commercialization,

25  research, and development projects relating to renewable

26  energy technologies.

27         (2)  Matching grants for renewable energy technology

28  demonstration, commercialization, research, and development

29  projects may be made to any of the following:

30         (a)  Municipalities and county governments.

31  


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 1         (b)  Established for-profit companies licensed to do

 2  business in the state.

 3         (c)  Universities and colleges in the state.

 4         (d)  Utilities located and operating within the state.

 5         (e)  Not-for-profit organizations.

 6         (f)  Other qualified persons, as determined by the

 7  department.

 8         (3)  The department may adopt rules pursuant to ss.

 9  120.536(1) and 120.54 to provide for application requirements,

10  provide for ranking of applications, and administer the

11  awarding of grants under this program.

12         (4)  Factors the department shall consider in awarding

13  grants include, but are not limited to:

14         (a)  The availability of matching funds or other

15  in-kind contributions applied to the total project from an

16  applicant. The department shall give greater preference to

17  projects that provide such matching funds or other in-kind

18  contributions.

19         (b)  The degree to which the project stimulates

20  in-state capital investment and economic development in

21  metropolitan and rural areas, including the creation of jobs

22  and the future development of a commercial market for

23  renewable energy technologies.

24         (c)  The extent to which the proposed project has been

25  demonstrated to be technically feasible based on pilot project

26  demonstrations, laboratory testing, scientific modeling, or

27  engineering or chemical theory that supports the proposal.

28         (d)  The degree to which the project incorporates an

29  innovative new technology or an innovative application of an

30  existing technology.

31  


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 1         (e)  The degree to which a project generates thermal,

 2  mechanical, or electrical energy by means of a renewable

 3  energy resource that has substantial long-term production

 4  potential.

 5         (f)  The degree to which a project demonstrates

 6  efficient use of energy and material resources.

 7         (g)  The degree to which the project fosters overall

 8  understanding and appreciation of renewable energy

 9  technologies.

10         (h)  The ability to administer a complete project.

11         (i)  Project duration and timeline for expenditures.

12         (j)  The geographic area in which the project is to be

13  conducted in relation to other projects.

14         (k)  The degree of public visibility and interaction.

15         (5)  The department shall solicit the expertise of

16  other state agencies in evaluating project proposals. State

17  agencies shall cooperate with the Department of Environmental

18  Protection and provide such assistance as requested.

19         (6)  The department shall coordinate and actively

20  consult with the Department of Agriculture and Consumer

21  Services during the review and approval process of grants

22  relating to bioenergy projects for renewable energy

23  technology, and the departments shall jointly determine the

24  grant awards to these bioenergy projects. No grant funding

25  shall be awarded to any bioenergy project without such joint

26  approval. Factors for consideration in awarding grants may

27  include, but are not limited to, the degree to which:

28         (a)  The project stimulates in-state capital investment

29  and economic development in metropolitan and rural areas,

30  including the creation of jobs and the future development of a

31  commercial market for bioenergy.


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 1         (b)  The project produces bioenergy from Florida-grown

 2  crops or biomass.

 3         (c)  The project demonstrates efficient use of energy

 4  and material resources.

 5         (d)  The project fosters overall understanding and

 6  appreciation of bioenergy technologies.

 7         (e)  Matching funds and in-kind contributions from an

 8  applicant are available.

 9         (f)  The project duration and the timeline for

10  expenditures are acceptable.

11         (g)  The project has a reasonable assurance of

12  enhancing the value of agricultural products or will expand

13  agribusiness in the state.

14         (h)  Preliminary market and feasibility research has

15  been conducted by the applicant or others and shows there is a

16  reasonable assurance of a potential market.

17         Section 6.  The period from 12:01 a.m., October 5,

18  through midnight, October 11, 2006, shall be designated

19  "Energy Efficient Week," and the tax levied under chapter 212

20  may not be collected on the sale of a new energy-efficient

21  product having a selling price of $1,500 or less per product

22  during that period. This exemption applies only when the

23  energy-efficient product is purchased for noncommercial home

24  or personal use and does not apply when the product is

25  purchased for trade, business, or resale. As used in this

26  section, the term "energy-efficient product" means a

27  dishwasher, clothes washer, air conditioner, ceiling fan,

28  incandescent or florescent light bulb, dehumidifier,

29  programmable thermostat, or refrigerator that has been

30  designated by the United States Environmental Protection

31  Agency or by the United States Department of Energy as meeting


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 1  or exceeding the requirements under the Energy Star Program of

 2  either agency. Purchases made under this section may not be

 3  made using a business or company credit or debit card or

 4  check. Any construction company, building contractor, or

 5  commercial business or entity that purchases or attempts to

 6  purchase the energy-efficient products as exempt under this

 7  section commits an unfair method of competition in violation

 8  of s. 501.204, punishable as provided in s. 501.2075. The

 9  Department of Revenue may adopt rules under ss. 120.536(1) and

10  120.54 to administer this section.

11         Section 7.  Section 377.806, Florida Statutes, is

12  created to read:

13         377.806  Solar Energy System Incentives Program.--

14         (1)  PURPOSE.--The Solar Energy System Incentives

15  Program is established within the department to provide

16  financial incentives for the purchase and installation of

17  solar energy systems. Any resident of the state who purchases

18  and installs a new solar energy system of 2 kilowatts or

19  larger for a solar photovoltaic system, a solar energy system

20  that provides at least 50 percent of a building's hot water

21  consumption for a solar thermal system, or a solar thermal

22  pool heater, from July 1, 2006, through June 30, 2010, is

23  eligible for a rebate on a portion of the purchase price of

24  that solar energy system.

25         (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

26         (a)  Eligibility requirements.--A solar photovoltaic

27  system qualifies for a rebate if:

28         1.  The system is installed by a state-licensed master

29  electrician, electrical contractor, or solar contractor.

30         2.  The system complies with state interconnection

31  standards as provided by the commission.


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 1         3.  The system complies with all applicable building

 2  codes as defined by the local jurisdictional authority.

 3         (b)  Rebate amounts.--The rebate amount shall be set at

 4  $4 per watt based on the total wattage rating of the system.

 5  The maximum allowable rebate per solar photovoltaic system

 6  installation shall be as follows:

 7         1.  Twenty thousand dollars for a residence.

 8         2.  One hundred thousand dollars for a place of

 9  business, a publicly owned or operated facility, or a facility

10  owned or operated by a private, not-for-profit organization,

11  including condominiums or apartment buildings.

12         (3)  SOLAR THERMAL SYSTEM INCENTIVE.--

13         (a)  Eligibility requirements.--A solar thermal system

14  qualifies for a rebate if:

15         1.  The system is installed by a state-licensed solar

16  or plumbing contractor.

17         2.  The system complies with all applicable building

18  codes as defined by the local jurisdictional authority.

19         (b)  Rebate amounts.--Authorized rebates for

20  installation of solar thermal systems shall be as follows:

21         1.  Five hundred dollars for a residence.

22         2.  Fifteen dollars per 1,000 Btu up to a maximum of

23  $5,000 for a place of business, a publicly owned or operated

24  facility, or a facility owned or operated by a private,

25  not-for-profit organization, including condominiums or

26  apartment buildings. Btu must be verified by approved metering

27  equipment.

28         (4)  SOLAR THERMAL POOL HEATER INCENTIVE.--

29         (a)  Eligibility requirements.--A solar thermal pool

30  heater qualifies for a rebate if the system is installed by a

31  state-licensed solar or plumbing contractor and the system


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 1  complies with all applicable building codes as defined by the

 2  local jurisdictional authority.

 3         (b)  Rebate amount.--Authorized rebates for

 4  installation of solar thermal pool heaters shall be $100 per

 5  installation.

 6         (5)  APPLICATION.--Application for a rebate must be

 7  made within 90 days after the purchase of the solar energy

 8  equipment.

 9         (6)  REBATE AVAILABILITY.--The department shall

10  determine and publish on a regular basis the amount of rebate

11  funds remaining in each fiscal year. The total dollar amount

12  of all rebates issued by the department is subject to the

13  total amount of appropriations in any fiscal year for this

14  program. If funds are insufficient during the current fiscal

15  year, any requests for rebates received during that fiscal

16  year may be processed during the following fiscal year.

17  Requests for rebates received in a fiscal year that are

18  processed during the following fiscal year shall be given

19  priority over requests for rebates received during the

20  following fiscal year.

21         (7)  RULES.--The department shall adopt rules pursuant

22  to ss. 120.536(1) and 120.54 to develop rebate applications

23  and administer the issuance of rebates.

24         Section 8.  Florida Energy Commission.--

25         (1)  The Florida Energy Commission is created and shall

26  be located within the Office of Legislative Services for

27  administrative purposes. The commission shall be comprised of

28  a total of nine members.

29         (a)  The members shall be appointed as follows: the

30  President of the Senate and the Speaker of the House of

31  Representatives shall appoint four members each and shall


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 1  jointly appoint the ninth member, who shall serve as chair.

 2  Members shall be appointed to 2-year terms; however, in order

 3  to establish staggered terms, for the initial appointments,

 4  each appointing official shall appoint two members to a 1-year

 5  term and two members to a 2-year term. Members must meet the

 6  following qualifications and restrictions:

 7         1.  A member must be an expert in one or more of the

 8  following fields: energy, natural resource conservation,

 9  economics, engineering, finance, law, consumer protection,

10  state energy policy, or another field substantially related to

11  the duties and functions of the commission. The commission

12  shall fairly represent the fields specified in this

13  subparagraph.

14         2.  Each member shall, at the time of appointment and

15  at each commission meeting during his or her term of office,

16  disclose:

17         a.  Whether he or she has any financial interest, other

18  than ownership of shares in a mutual fund, in any business

19  entity that, directly or indirectly, owns or controls, or is

20  an affiliate or subsidiary of, any business entity that may

21  profit by the policy recommendations developed by the

22  commission.

23         b.  Whether he or she is employed by or is engaged in

24  any business activity with any business entity that, directly

25  or indirectly, owns or controls, or is an affiliate or

26  subsidiary of, any business entity that may profit by the

27  policy recommendations developed by the commission.

28         (b)  The following may also attend meetings and provide

29  information and advise at the request of the chair:

30         1.  The chair of the Florida Public Service Commission,

31  or his or her designee.


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 1         2.  The Public Counsel, or his or her designee.

 2         3.  The Commissioner of Agriculture, or his or her

 3  designee.

 4         4.  The Director of the Office of Insurance Regulation,

 5  or his or her designee.

 6         5.  The Secretary of Health, or his or her designee.

 7         6.  The chair of the State Board of Education, or his

 8  or her designee.

 9         7.  The Secretary of Community Affairs, or his or her

10  designee.

11         8.  The Secretary of Transportation, or his or her

12  designee.

13         9.  The Secretary of Environmental Protection, or his

14  or her designee.

15         (2)  Members shall serve without compensation but are

16  entitled to reimbursement for per diem and travel expenses as

17  provided in s. 112.061, Florida Statutes.

18         (3)  Meetings of the commission shall be held in

19  various locations around the state and at the call of the

20  chair; however, the commission must meet at least twice each

21  year.

22         (4)(a)  The commission may employ staff to assist in

23  the performance of its duties, including an executive

24  director, an attorney, a communications staff member, and an

25  executive assistant.

26         (b)  The commission may form advisory groups consisting

27  of members of the public to provide information on specific

28  issues.

29         (5)  The commission shall develop recommendations for

30  legislation to establish a state energy policy. The

31  recommendations of the commission shall be based on the


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 1  guiding principles of reliability, efficiency, affordability,

 2  and diversity as provided in subsection (7). The commission

 3  shall continually review the state energy policy and shall

 4  recommend to the Legislature any additional necessary changes

 5  or improvements.

 6         (6)(a)  The commission shall report by December 31 of

 7  each year to the President of the Senate and the Speaker of

 8  the House of Representatives on its progress and

 9  recommendations, including draft legislation.

10         (b)  The commission's initial report must be filed by

11  December 31, 2007, and must identify incentives for research,

12  development, or deployment projects involving the goals and

13  issues set forth in this section; set forth policy

14  recommendations for conservation of all forms of energy; and

15  set forth a plan of action, together with a timetable, for

16  addressing additional issues.

17         (c)  The commission's initial report shall also

18  recommend consensus-based public-involvement processes that

19  evaluate greenhouse gas emissions in this state and make

20  recommendations regarding related economic, energy, and

21  environmental benefits.

22         (d)  The report must include recommended steps and a

23  schedule for the development of a comprehensive state climate

24  action plan with greenhouse gas reduction through a

25  public-involvement process, including transportation and land

26  use; power generation; residential, commercial, and industrial

27  activities; waste management; agriculture and forestry;

28  emissions-reporting systems; and public education.

29         (7)  In developing its recommendations, the commission

30  shall be guided by the principles of reliability, efficiency,

31  


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 1  affordability, and diversity, and more specifically as

 2  follows:

 3         (a)  The state should have a reliable electric supply

 4  with adequate reserves.

 5         (b)  The transmission and delivery of electricity

 6  should be reliable.

 7         (c)  The generation, transmission, and delivery of

 8  electricity should be accomplished with the least detriment to

 9  the environment and public health.

10         (d)  The generation, transmission, and delivery of

11  electricity should be accomplished compatibly with the goals

12  for growth management.

13         (e)  Electricity generation, transmission, and delivery

14  facilities should be reasonably secure from damage, taking all

15  factors into consideration, and recovery from damage should be

16  prompt.

17         (f)  Electric rates should be affordable, as to base

18  rates and all recovery-clause additions, with sufficient

19  incentives for utilities to achieve this goal.

20         (g)  The state should have a reliable supply of motor

21  vehicle fuels, both under normal circumstances and during

22  hurricanes and other emergency situations.

23         (h)  In-state research, development, and deployment of

24  alternative energy technologies and alternative motor vehicle

25  fuels should be encouraged.

26         (i)  When possible, the resources of the state should

27  be used in achieving the goals enumerated in this subsection.

28         (j)  Consumers of energy should be encouraged and given

29  incentives to be more efficient in their use of energy.

30  

31  


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 1  It is the specific intent of the Legislature that nothing in

 2  this section shall in any way change the powers, duties, and

 3  responsibilities of the Public Service Commission or the

 4  powers, duties, and responsibilities assigned by the Florida

 5  Electrical Power Plant Siting Act, ss. 403.501-403.518,

 6  Florida Statutes.

 7         Section 9.  Paragraph (ccc) is added to subsection (7)

 8  of section 212.08, Florida Statutes, to read:

 9         212.08  Sales, rental, use, consumption, distribution,

10  and storage tax; specified exemptions.--The sale at retail,

11  the rental, the use, the consumption, the distribution, and

12  the storage to be used or consumed in this state of the

13  following are hereby specifically exempt from the tax imposed

14  by this chapter.

15         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

16  any entity by this chapter do not inure to any transaction

17  that is otherwise taxable under this chapter when payment is

18  made by a representative or employee of the entity by any

19  means, including, but not limited to, cash, check, or credit

20  card, even when that representative or employee is

21  subsequently reimbursed by the entity. In addition, exemptions

22  provided to any entity by this subsection do not inure to any

23  transaction that is otherwise taxable under this chapter

24  unless the entity has obtained a sales tax exemption

25  certificate from the department or the entity obtains or

26  provides other documentation as required by the department.

27  Eligible purchases or leases made with such a certificate must

28  be in strict compliance with this subsection and departmental

29  rules, and any person who makes an exempt purchase with a

30  certificate that is not in strict compliance with this

31  


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 1  subsection and the rules is liable for and shall pay the tax.

 2  The department may adopt rules to administer this subsection.

 3         (ccc)  Equipment, machinery, and other materials for

 4  renewable energy technologies.--

 5         1.  As used in this paragraph, the term:

 6         a.  "Biodiesel" means the mono-alkyl esters of

 7  long-chain fatty acids derived from plant or animal matter for

 8  use as a source of energy and meeting the specifications for

 9  biodiesel and biodiesel blends with petroleum products as

10  adopted by the Department of Agriculture and Consumer

11  Services. Biodiesel may refer to biodiesel blends designated

12  BXX, where XX represents the volume percentage of biodiesel

13  fuel in the blend.

14         b.  "Ethanol" means nominally anhydrous denatured

15  alcohol produced by the fermentation of plant sugars meeting

16  the specifications for fuel ethanol and fuel ethanol blends

17  with petroleum products as adopted by the Department of

18  Agriculture and Consumer Services. Ethanol may refer to fuel

19  ethanol blends designated EXX, where XX represents the volume

20  percentage of fuel ethanol in the blend.

21         c.  "Hydrogen fuel cells" means equipment using

22  hydrogen or a hydrogen-rich fuel in an electrochemical process

23  to generate energy, electricity, or the transfer of heat.

24         2.  The sale or use of the following in the state is

25  exempt from the tax imposed by this chapter:

26         a.  Hydrogen-powered vehicles, materials incorporated

27  into hydrogen-powered vehicles, and hydrogen-fueling stations,

28  up to a limit of $2 million in tax each state fiscal year for

29  all taxpayers.

30  

31  


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 1         b.  Commercial stationary hydrogen fuel cells, up to a

 2  limit of $1 million in tax each state fiscal year for all

 3  taxpayers.

 4         c.  Materials used in the distribution of biodiesel

 5  (B10-B100) and ethanol (E10-100), including fueling

 6  infrastructure, transportation, and storage, up to a limit of

 7  $1 million in tax each state fiscal year for all taxpayers.

 8  Gasoline fueling station pump retrofits for ethanol (E10-E100)

 9  distribution qualify for the exemption provided in this

10  sub-subparagraph.

11         3.  The Department of Environmental Protection shall

12  provide to the department a list of items eligible for the

13  exemption provided in this paragraph.

14         4.a.  The exemption provided in this paragraph shall be

15  available to a purchaser only through a refund of previously

16  paid taxes.

17         b.  To be eligible to receive the exemption provided in

18  this paragraph, a purchaser shall file an application with the

19  Department of Environmental Protection. The application shall

20  be developed by the Department of Environmental Protection, in

21  consultation with the department, and shall require:

22         (I)  The name and address of the person claiming the

23  refund.

24         (II)  A specific description of the purchase for which

25  a refund is sought, including, when applicable, a serial

26  number or other permanent identification number.

27         (III)  The sales invoice or other proof of purchase

28  showing the amount of sales tax paid, the date of purchase,

29  and the name and address of the sales tax dealer from whom the

30  property was purchased.

31  


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 1         (IV)  A sworn statement that the information provided

 2  is accurate and that the requirements of this paragraph have

 3  been met.

 4         c.  Within 30 days after receipt of an application, the

 5  Department of Environmental Protection shall review the

 6  application and shall notify the applicant of any

 7  deficiencies. Upon receipt of a completed application, the

 8  Department of Environmental Protection shall evaluate the

 9  application for exemption and issue a written certification

10  that the applicant is eligible for a refund or issue a written

11  denial of such certification within 60 days after receipt of

12  the application. The Department of Environmental Protection

13  shall provide the department with a copy of each certification

14  issued upon approval of an application.

15         d.  Each certified applicant shall be responsible for

16  forwarding a certified copy of the application and copies of

17  all required documentation to the department within 6 months

18  after certification by the Department of Environmental

19  Protection.

20         e.  The provisions of s. 212.095 do not apply to any

21  refund application made pursuant to this paragraph. A refund

22  approved pursuant to this paragraph shall be made within 30

23  days after formal approval by the department.

24         f.  The department may adopt all rules pursuant to ss.

25  120.536(1) and 120.54 to administer this paragraph, including

26  rules establishing forms and procedures for claiming this

27  exemption.

28         g.  The Department of Environmental Protection shall be

29  responsible for ensuring that the total amounts of the

30  exemptions authorized do not exceed the limits as specified in

31  subparagraph 2.


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 1         5.  The Department of Environmental Protection shall

 2  determine and publish on a regular basis the amount of sales

 3  tax funds remaining in each fiscal year.

 4         6.  This paragraph expires July 1, 2010.

 5         Section 10.  Paragraph (y) is added to subsection (7)

 6  of section 213.053, Florida Statutes, to read:

 7         213.053  Confidentiality and information sharing.--

 8         (7)  Notwithstanding any other provision of this

 9  section, the department may provide:

10         (y)  Information relative to ss. 212.08(7)(ccc) and

11  220.192 to the Department of Environmental Protection for use

12  in the conduct of its official business.

13  

14  Disclosure of information under this subsection shall be

15  pursuant to a written agreement between the executive director

16  and the agency. Such agencies, governmental or

17  nongovernmental, shall be bound by the same requirements of

18  confidentiality as the Department of Revenue. Breach of

19  confidentiality is a misdemeanor of the first degree,

20  punishable as provided by s. 775.082 or s. 775.083.

21         Section 11.  Subsection (8) of section 220.02, Florida

22  Statutes, is amended to read:

23         220.02  Legislative intent.--

24         (8)  It is the intent of the Legislature that credits

25  against either the corporate income tax or the franchise tax

26  be applied in the following order: those enumerated in s.

27  631.828, those enumerated in s. 220.191, those enumerated in

28  s. 220.181, those enumerated in s. 220.183, those enumerated

29  in s. 220.182, those enumerated in s. 220.1895, those

30  enumerated in s. 221.02, those enumerated in s. 220.184, those

31  enumerated in s. 220.186, those enumerated in s. 220.1845,


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 1  those enumerated in s. 220.19, those enumerated in s. 220.185,

 2  and those enumerated in s. 220.187, those enumerated in s.

 3  220.192, and those enumerated in s. 220.193.

 4         Section 12.  Section 220.192, Florida Statutes, is

 5  created to read:

 6         220.192  Renewable energy technologies investment tax

 7  credit.--

 8         (1)  DEFINITIONS.--For purposes of this section, the

 9  term:

10         (a)  "Biodiesel" means biodiesel as defined in s.

11  212.08(7)(ccc).

12         (b)  "Eligible costs" means:

13         1.  Seventy-five percent of all capital costs,

14  operation and maintenance costs, and research and development

15  costs incurred between July 1, 2006, and June 30, 2010, up to

16  a limit of $3 million per state fiscal year for all taxpayers,

17  in connection with an investment in hydrogen-powered vehicles

18  and hydrogen vehicle fueling stations in the state, including,

19  but not limited to, the costs of constructing, installing, and

20  equipping such technologies in the state.

21         2.  Seventy-five percent of all capital costs,

22  operation and maintenance costs, and research and development

23  costs incurred between July 1, 2006, and June 30, 2010, up to

24  a limit of $1.5 million per state fiscal year for all

25  taxpayers, and limited to a maximum of $12,000 per fuel cell,

26  in connection with an investment in commercial stationary

27  hydrogen fuel cells in the state, including, but not limited

28  to, the costs of constructing, installing, and equipping such

29  technologies in the state.

30         3.  Seventy-five percent of all capital costs,

31  operation and maintenance costs, and research and development


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 1  costs incurred between July 1, 2006, and June 30, 2010, up to

 2  a limit of $6.5 million per state fiscal year for all

 3  taxpayers, in connection with an investment in the production,

 4  storage, and distribution of biodiesel (B10-B100) and ethanol

 5  (E10-E100) in the state, including the costs of constructing,

 6  installing, and equipping such technologies in the state.

 7  Gasoline fueling station pump retrofits for ethanol (E10-E100)

 8  distribution qualify as an eligible cost under this

 9  subparagraph.

10         (c)  "Ethanol" means ethanol as defined in s.

11  212.08(7)(ccc).

12         (d)  "Hydrogen fuel cell" means hydrogen fuel cell as

13  defined in s. 212.08(7)(ccc).

14         (2)  TAX CREDIT.--For tax years beginning on or after

15  January 1, 2007, a credit against the tax imposed by this

16  chapter shall be granted in an amount equal to the eligible

17  costs. Credits may be used in tax years beginning January 1,

18  2007, and ending December 31, 2010, after which the credit

19  shall expire. If the credit is not fully used in any one tax

20  year because of insufficient tax liability on the part of the

21  corporation, the unused amount may be carried forward and used

22  in tax years beginning January 1, 2007, and ending December

23  31, 2012, after which the credit carryover expires and may not

24  be used. A taxpayer that files a consolidated return in this

25  state as a member of an affiliated group under s. 220.131(1)

26  may be allowed the credit on a consolidated return basis up to

27  the amount of tax imposed upon the consolidated group. Any

28  eligible cost for which a credit is claimed and which is

29  deducted or otherwise reduces federal taxable income shall be

30  added back in computing adjusted federal income under s.

31  220.13.


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 1         (3)  CORPORATE APPLICATION PROCESS.--Any corporation

 2  wishing to obtain tax credits available under this section

 3  must submit to the Department of Environmental Protection an

 4  application for tax credit that includes a complete

 5  description of all eligible costs for which the corporation is

 6  seeking a credit and a description of the total amount of

 7  credits sought. The Department of Environmental Protection

 8  shall make a determination on the eligibility of the applicant

 9  for the credits sought and certify the determination to the

10  applicant and the Department of Revenue. The corporation must

11  attach the Department of Environmental Protection's

12  certification to the tax return on which the credit is

13  claimed. The Department of Environmental Protection shall be

14  responsible for ensuring that the corporate income tax credits

15  granted in each fiscal year do not exceed the limits provided

16  for in this section. The Department of Environmental

17  Protection is authorized to adopt the necessary rules,

18  guidelines, and application materials for the application

19  process.

20         (4)  TAXPAYER APPLICATION PROCESS.--To claim a credit

21  under this section, each taxpayer must apply to the Department

22  of Environmental Protection for an allocation of each type of

23  annual credit by the date established by the Department of

24  Environmental Protection. The application form may be

25  established by the Department of Environmental Protection and

26  shall include an affidavit from each taxpayer certifying that

27  all information contained in the application, including all

28  records of eligible costs claimed as the basis for the tax

29  credit, are true and correct. Approval of the credits under

30  this section shall be accomplished on a first-come,

31  first-served basis, based upon the date complete applications


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 1  are received by the Department of Environmental Protection. A

 2  taxpayer shall submit only one complete application based upon

 3  eligible costs incurred within a particular state fiscal year.

 4  Incomplete placeholder applications will not be accepted and

 5  will not secure a place in the first-come, first-served

 6  application line. If a taxpayer does not receive a tax credit

 7  allocation due to the exhaustion of the annual tax credit

 8  authorizations, then such taxpayer may reapply in the

 9  following year for those eligible costs and will have priority

10  over other applicants for the allocation of credits.

11         (5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF

12  CREDITS.--

13         (a)  In addition to its existing audit and

14  investigation authority, the Department of Revenue may perform

15  any additional financial and technical audits and

16  investigations, including examining the accounts, books, and

17  records of the tax credit applicant, that are necessary to

18  verify the eligible costs included in the tax credit return

19  and to ensure compliance with this section. The Department of

20  Environmental Protection shall provide technical assistance

21  when requested by the Department of Revenue on any technical

22  audits or examinations performed pursuant to this section.

23         (b)  It is grounds for forfeiture of previously claimed

24  and received tax credits if the Department of Revenue

25  determines, as a result of either an audit or examination or

26  from information received from the Department of Environmental

27  Protection, that a taxpayer received tax credits pursuant to

28  this section to which the taxpayer was not entitled. The

29  taxpayer is responsible for returning forfeited tax credits to

30  the Department of Revenue, and such funds shall be paid into

31  the General Revenue Fund of the state.


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 1         (c)  The Department of Environmental Protection may

 2  revoke or modify any written decision granting eligibility for

 3  tax credits under this section if it is discovered that the

 4  tax credit applicant submitted any false statement,

 5  representation, or certification in any application, record,

 6  report, plan, or other document filed in an attempt to receive

 7  tax credits under this section. The Department of

 8  Environmental Protection shall immediately notify the

 9  Department of Revenue of any revoked or modified orders

10  affecting previously granted tax credits. Additionally, the

11  taxpayer must notify the Department of Revenue of any change

12  in its tax credit claimed.

13         (d)  The taxpayer shall file with the Department of

14  Revenue an amended return or such other report as the

15  Department of Revenue prescribes by rule and shall pay any

16  required tax and interest within 60 days after the taxpayer

17  receives notification from the Department of Environmental

18  Protection that previously approved tax credits have been

19  revoked or modified. If the revocation or modification order

20  is contested, the taxpayer shall file an amended return or

21  other report as provided in this paragraph within 60 days

22  after a final order is issued following proceedings.

23         (e)  A notice of deficiency may be issued by the

24  Department of Revenue at any time within 3 years after the

25  taxpayer receives formal notification from the Department of

26  Environmental Protection that previously approved tax credits

27  have been revoked or modified. If a taxpayer fails to notify

28  the Department of Revenue of any changes to its tax credit

29  claimed, a notice of deficiency may be issued at any time.

30         (6)  RULES.--The Department of Revenue shall have the

31  authority to adopt rules relating to the forms required to


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 1  claim a tax credit under this section, the requirements and

 2  basis for establishing an entitlement to a credit, and the

 3  examination and audit procedures required to administer this

 4  section.

 5         (7)  PUBLICATION.--The Department of Environmental

 6  Protection shall determine and publish on a regular basis the

 7  amount of available tax credits remaining in each fiscal year.

 8         Section 13.  Section 220.193, Florida Statutes, is

 9  created to read:

10         220.193  Florida renewable energy production credit.--

11         (1)  The purpose of this section is to encourage the

12  development and expansion of facilities that produce renewable

13  energy in Florida.

14         (2)  As used in this section, the term:

15         (a)  "Commission" shall mean the Public Service

16  Commission.

17         (b)  "Department" shall mean the Department of Revenue.

18         (c)  "Expanded facility" shall mean a Florida renewable

19  energy facility that increases its electrical production and

20  sale by more than 5 percent above the facility's electrical

21  production and sale during the 2005 calendar year.

22         (d)  "Florida renewable energy facility" shall mean a

23  facility in the state that produces electricity for sale from

24  renewable energy, as defined in s. 377.803.

25         (e)  "New facility" shall mean a Florida renewable

26  energy facility that is operationally placed in service after

27  May 1, 2006.

28         (3)  An annual credit against the tax imposed by this

29  section shall be allowed to a taxpayer, based on the

30  taxpayer's production and sale of electricity from a new or

31  expanded Florida renewable energy facility. For a new


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 1  facility, the credit shall be based on the taxpayer's sale of

 2  the facility's entire electrical production. For an expanded

 3  facility, the credit shall be based on the increases in the

 4  facility's electrical production that are achieved after May

 5  1, 2006.

 6         (a)  The credit shall be $0.01 for each kilowatt-hour

 7  of electricity produced and sold by the taxpayer to an

 8  unrelated party during a given tax year.

 9         (b)  The credit may be claimed for electricity produced

10  and sold on or after January 1, 2007. Beginning in 2008 and

11  continuing until 2011, each taxpayer claiming a credit under

12  this section must first apply to the department by February 1

13  of each year for an allocation of available credit. The

14  department, in consultation with the commission, shall develop

15  an application form. The application form shall, at a minimum,

16  require a sworn affidavit from each taxpayer certifying the

17  increase in production and sales that form the basis of the

18  application and certifying that all information contained in

19  the application is true and correct.

20         (c)  If the amount of credits applied for each year

21  exceeds $5 million, the department shall award to each

22  applicant a prorated amount based on each applicant's

23  increased production and sales and the increased production

24  and sales of all applicants.

25         (d)  If the credit granted pursuant to this section is

26  not fully used in one year because of insufficient tax

27  liability on the part of the taxpayer, the unused amount may

28  be carried forward for a period not to exceed 5 years. The

29  carryover credit may be used in a subsequent year when the tax

30  imposed by this chapter for such year exceeds the credit for

31  


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 1  such year, after applying the other credits and unused credit

 2  carryovers in the order provided in s. 220.02(8).

 3         (e)  A taxpayer that files a consolidated return in

 4  this state as a member of an affiliated group under s.

 5  220.131(1) may be allowed the credit on a consolidated return

 6  basis up to the amount of tax imposed upon the consolidated

 7  group.

 8         (f)1.  Tax credits that may be available under this

 9  section to an entity eligible under this section may be

10  transferred after a merger or acquisition to the surviving or

11  acquiring entity and used in the same manner with the same

12  limitations.

13         2.  The entity or its surviving or acquiring entity as

14  described in subparagraph 1. may transfer any unused credit in

15  whole or in units of no less than 25 percent of the remaining

16  credit. The entity acquiring such credit may use it in the

17  same manner and with the same limitations under this section.

18  Such transferred credits may not be transferred again although

19  they may succeed to a surviving or acquiring entity subject to

20  the same conditions and limitations as described in this

21  section.

22         3.  In the event the credit provided for under this

23  section is reduced as a result of an examination or audit by

24  the department, such tax deficiency shall be recovered from

25  the first entity or the surviving or acquiring entity to have

26  claimed such credit up to the amount of credit taken. Any

27  subsequent deficiencies shall be assessed against any entity

28  acquiring and claiming such credit, or in the case of multiple

29  succeeding entities in the order of credit succession.

30         (g)  Notwithstanding any other provision of this

31  section, credits for the production and sale of electricity


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 1  from a new or expanded Florida renewable energy facility may

 2  be earned between January 1, 2007 and June 30, 2010. The

 3  combined total amount of tax credits which may be granted for

 4  all taxpayers under this section is limited to $5 million per

 5  state fiscal year.

 6         (h)  A taxpayer claiming a credit under this section

 7  shall be required to add back to net income that portion of

 8  its business deductions claimed on its federal return paid or

 9  incurred for the taxable year which is equal to the amount of

10  the credit allowable for the taxable year under this section.

11         (i)  A taxpayer claiming credit under this section may

12  not claim a credit under s. 220.192. A taxpayer claiming

13  credit under s. 220.192 may not claim a credit under this

14  section.

15         (4)  The department may adopt rules to implement and

16  administer this section, including rules prescribing forms,

17  the documentation needed to substantiate a claim for the tax

18  credit, and the specific procedures and guidelines for

19  claiming the credit.

20         (5)  This section shall take effect upon becoming law

21  and shall apply to tax years beginning on and after January 1,

22  2007.

23         Section 14.  Paragraph (a) of subsection (1) of section

24  220.13, Florida Statutes, is amended to read:

25         220.13  "Adjusted federal income" defined.--

26         (1)  The term "adjusted federal income" means an amount

27  equal to the taxpayer's taxable income as defined in

28  subsection (2), or such taxable income of more than one

29  taxpayer as provided in s. 220.131, for the taxable year,

30  adjusted as follows:

31  


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 1         (a)  Additions.--There shall be added to such taxable

 2  income:

 3         1.  The amount of any tax upon or measured by income,

 4  excluding taxes based on gross receipts or revenues, paid or

 5  accrued as a liability to the District of Columbia or any

 6  state of the United States which is deductible from gross

 7  income in the computation of taxable income for the taxable

 8  year.

 9         2.  The amount of interest which is excluded from

10  taxable income under s. 103(a) of the Internal Revenue Code or

11  any other federal law, less the associated expenses disallowed

12  in the computation of taxable income under s. 265 of the

13  Internal Revenue Code or any other law, excluding 60 percent

14  of any amounts included in alternative minimum taxable income,

15  as defined in s. 55(b)(2) of the Internal Revenue Code, if the

16  taxpayer pays tax under s. 220.11(3).

17         3.  In the case of a regulated investment company or

18  real estate investment trust, an amount equal to the excess of

19  the net long-term capital gain for the taxable year over the

20  amount of the capital gain dividends attributable to the

21  taxable year.

22         4.  That portion of the wages or salaries paid or

23  incurred for the taxable year which is equal to the amount of

24  the credit allowable for the taxable year under s. 220.181.

25  The provisions of this subparagraph shall expire and be void

26  on June 30, 2005.

27         5.  That portion of the ad valorem school taxes paid or

28  incurred for the taxable year which is equal to the amount of

29  the credit allowable for the taxable year under s. 220.182.

30  The provisions of this subparagraph shall expire and be void

31  on June 30, 2005.


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 1         6.  The amount of emergency excise tax paid or accrued

 2  as a liability to this state under chapter 221 which tax is

 3  deductible from gross income in the computation of taxable

 4  income for the taxable year.

 5         7.  That portion of assessments to fund a guaranty

 6  association incurred for the taxable year which is equal to

 7  the amount of the credit allowable for the taxable year.

 8         8.  In the case of a nonprofit corporation which holds

 9  a pari-mutuel permit and which is exempt from federal income

10  tax as a farmers' cooperative, an amount equal to the excess

11  of the gross income attributable to the pari-mutuel operations

12  over the attributable expenses for the taxable year.

13         9.  The amount taken as a credit for the taxable year

14  under s. 220.1895.

15         10.  Up to nine percent of the eligible basis of any

16  designated project which is equal to the credit allowable for

17  the taxable year under s. 220.185.

18         11.  The amount taken as a credit for the taxable year

19  under s. 220.187.

20         12.  The amount taken as a credit for the taxable year

21  under s. 220.192.

22         13.  The amount taken as a credit for the taxable year

23  under s. 220.193.

24         Section 15.  Subsection (2) of section 186.801, Florida

25  Statutes, is amended to read:

26         186.801  Ten-year site plans.--

27         (2)  Within 9 months after the receipt of the proposed

28  plan, the commission shall make a preliminary study of such

29  plan and classify it as "suitable" or "unsuitable." The

30  commission may suggest alternatives to the plan. All findings

31  of the commission shall be made available to the Department of


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 1  Environmental Protection for its consideration at any

 2  subsequent electrical power plant site certification

 3  proceedings. It is recognized that 10-year site plans

 4  submitted by an electric utility are tentative information for

 5  planning purposes only and may be amended at any time at the

 6  discretion of the utility upon written notification to the

 7  commission. A complete application for certification of an

 8  electrical power plant site under chapter 403, when such site

 9  is not designated in the current 10-year site plan of the

10  applicant, shall constitute an amendment to the 10-year site

11  plan. In its preliminary study of each 10-year site plan, the

12  commission shall consider such plan as a planning document and

13  shall review:

14         (a)  The need, including the need as determined by the

15  commission, for electrical power in the area to be served.

16         (b)  The effect on fuel diversity within the state.

17         (c)(b)  The anticipated environmental impact of each

18  proposed electrical power plant site.

19         (d)(c)  Possible alternatives to the proposed plan.

20         (e)(d)  The views of appropriate local, state, and

21  federal agencies, including the views of the appropriate water

22  management district as to the availability of water and its

23  recommendation as to the use by the proposed plant of salt

24  water or fresh water for cooling purposes.

25         (f)(e)  The extent to which the plan is consistent with

26  the state comprehensive plan.

27         (g)(f)  The plan with respect to the information of the

28  state on energy availability and consumption.

29         Section 16.  Subsection (6) of section 366.04, Florida

30  Statutes, is amended to read:

31         366.04  Jurisdiction of commission.--


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 1         (6)  The commission shall further have exclusive

 2  jurisdiction to prescribe and enforce safety standards for

 3  transmission and distribution facilities of all public

 4  electric utilities, cooperatives organized under the Rural

 5  Electric Cooperative Law, and electric utilities owned and

 6  operated by municipalities. In adopting safety standards, the

 7  commission shall, at a minimum:

 8         (a)  Adopt the 1984 edition of the National Electrical

 9  Safety Code (ANSI C2) as initial standards; and

10         (b)  Adopt, after review, any new edition of the

11  National Electrical Safety Code (ANSI C2).

12  

13  The standards prescribed by the current 1984 edition of the

14  National Electrical Safety Code (ANSI C2) shall constitute

15  acceptable and adequate requirements for the protection of the

16  safety of the public, and compliance with the minimum

17  requirements of that code shall constitute good engineering

18  practice by the utilities. The administrative authority

19  referred to in the 1984 edition of the National Electrical

20  Safety Code is the commission. However, nothing herein shall

21  be construed as superseding, repealing, or amending the

22  provisions of s. 403.523(1) and (10).

23         Section 17.  Subsections (1) and (8) of section 366.05,

24  Florida Statutes, are amended to read:

25         366.05  Powers.--

26         (1)  In the exercise of such jurisdiction, the

27  commission shall have power to prescribe fair and reasonable

28  rates and charges, classifications, standards of quality and

29  measurements, including the ability to adopt construction

30  standards that exceed the National Electrical Safety Code, for

31  purposes of ensuring the reliable provision of service, and


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 1  service rules and regulations to be observed by each public

 2  utility; to require repairs, improvements, additions,

 3  replacements, and extensions to the plant and equipment of any

 4  public utility when reasonably necessary to promote the

 5  convenience and welfare of the public and secure adequate

 6  service or facilities for those reasonably entitled thereto;

 7  to employ and fix the compensation for such examiners and

 8  technical, legal, and clerical employees as it deems necessary

 9  to carry out the provisions of this chapter; and to adopt

10  rules pursuant to ss. 120.536(1) and 120.54 to implement and

11  enforce the provisions of this chapter.

12         (8)  If the commission determines that there is

13  probable cause to believe that inadequacies exist with respect

14  to the energy grids developed by the electric utility

15  industry, including inadequacies in fuel diversity or fuel

16  supply reliability, it shall have the power, after proceedings

17  as provided by law, and after a finding that mutual benefits

18  will accrue to the electric utilities involved, to require

19  installation or repair of necessary facilities, including

20  generating plants and transmission facilities, with the costs

21  to be distributed in proportion to the benefits received, and

22  to take all necessary steps to ensure compliance. The electric

23  utilities involved in any action taken or orders issued

24  pursuant to this subsection shall have full power and

25  authority, notwithstanding any general or special laws to the

26  contrary, to jointly plan, finance, build, operate, or lease

27  generating and transmission facilities and shall be further

28  authorized to exercise the powers granted to corporations in

29  chapter 361. This subsection shall not supersede or control

30  any provision of the Florida Electrical Power Plant Siting

31  Act, ss. 403.501-403.518.


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 1         Section 18.  Section 366.92, Florida Statutes, is

 2  created to read:

 3         366.92  Florida renewable energy policy.--

 4         (1)  It is the intent of the Legislature to promote the

 5  development of renewable energy; protect the economic

 6  viability of Florida's existing renewable energy facilities;

 7  diversify the types of fuel used to generate electricity in

 8  Florida; lessen Florida's dependence on natural gas and fuel

 9  oil for the production of electricity; minimize the volatility

10  of fuel costs; encourage investment within the state; improve

11  environmental conditions; and at the same time, minimize the

12  costs of power supply to electric utilities and their

13  customers.

14         (2)  For the purposes of this section, "Florida

15  renewable energy resources" shall mean renewable energy, as

16  defined in s. 377.803, that is produced in Florida.

17         (3)  The commission may adopt appropriate goals for

18  increasing the use of existing, expanded, and new Florida

19  renewable energy resources. The commission may change the

20  goals. The commission may review and reestablish the goals at

21  least once every five years.

22         (4)  The commission may adopt rules to administer and

23  implement the provisions of this section.

24         Section 19.  (1)  The Florida Public Service Commission

25  shall direct a study of the electric transmission grid in the

26  state. The study shall look at electric system reliability to

27  examine the efficiency and reliability of power transfer and

28  emergency contingency conditions. In addition, the study shall

29  examine the hardening of infrastructure to address issues

30  arising from the 2004 and 2005 hurricane seasons. A report of

31  the results of the study shall be provided to the Governor,


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 1  the President of the Senate, and the Speaker of the House of

 2  Representatives by March 1, 2007.

 3         (2)  The commission shall conduct a review to determine

 4  what should be done to enhance the reliability of Florida's

 5  transmission and distribution grids during extreme weather

 6  events, including the strengthening of distribution and

 7  transmission facilities. Considerations may include:

 8         (a)  Recommendations for promoting and encouraging

 9  underground electric distribution for new service or

10  construction provided by public utilities.

11         (b)  Recommendations for promoting and encouraging the

12  conversion of existing overhead distribution facilities to

13  underground facilities, including any recommended incentives

14  to local governments for local-government-sponsored

15  conversions.

16         (c)  Recommendations as to whether incentives for

17  local-government-sponsored conversions should include

18  participation by a public utility in the conversion costs as

19  an investment in the reliability of the grid in total, with

20  such investment recognized as a new plant in service for

21  regulatory purposes.

22         (d)  Recommendations for promoting and encouraging the

23  use of road rights-of-way for the location of underground

24  facilities in any local-government-sponsored conversion

25  project, provided the customers of the public utility do not

26  incur increased liability and future relocation costs.

27         (3)  The commission shall submit its review and

28  recommendations to the Governor, the President of the Senate,

29  and the Speaker of the House of Representatives by July 1,

30  2007.

31  


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 1         (4)  This section does not limit the existing

 2  jurisdiction or powers of the commission. It may not be

 3  construed to delay or defer any activities that are currently

 4  docketed which relate to matters to be addressed by the study

 5  required by this section, nor may it be construed to delay or

 6  defer any case or proceeding that may be initiated before the

 7  commission pursuant to current statutory powers of the

 8  commission.

 9         Section 20.  Subsections (5), (8), (9), (12), (18),

10  (24), and (27) of section 403.503, Florida Statutes, are

11  amended, subsections (6) through (28) are renumbered as (7)

12  through (29), respectively, and new subsections (6) and (16)

13  are added to that section, to read:

14         403.503  Definitions relating to Florida Electrical

15  Power Plant Siting Act.--As used in this act:

16         (5)  "Application" means the documents required by the

17  department to be filed to initiate a certification review and

18  evaluation, including the initial document filing, amendments,

19  and responses to requests from the department for additional

20  data and information proceeding and shall include the

21  documents necessary for the department to render a decision on

22  any permit required pursuant to any federally delegated or

23  approved permit program.

24         (6)  "Associated facilities" means, for the purpose of

25  certification, those facilities which directly support the

26  construction and operation of the electrical power plant such

27  as fuel unloading facilities; pipelines necessary for

28  transporting fuel for the operation of the facility or other

29  fuel transportation facilities; water or wastewater transport

30  pipelines; construction, maintenance, and access roads; and

31  


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 1  railway lines necessary for transport of construction

 2  equipment or fuel for the operation of the facility.

 3         (8)  "Completeness" means that the application has

 4  addressed all applicable sections of the prescribed

 5  application format, and but does not mean that those sections

 6  are sufficient in comprehensiveness of data or in quality of

 7  information provided to allow the department to determine

 8  whether the application provides the reviewing agencies

 9  adequate information to prepare the reports required by s.

10  403.507.

11         (9)  "Corridor" means the proposed area within which an

12  associated linear facility right-of-way is to be located. The

13  width of the corridor proposed for certification as an

14  associated facility, at the option of the applicant, may be

15  the width of the right-of-way or a wider boundary, not to

16  exceed a width of 1 mile. The area within the corridor in

17  which a right-of-way may be located may be further restricted

18  by a condition of certification. After all property interests

19  required for the right-of-way have been acquired by the

20  licensee applicant, the boundaries of the area certified shall

21  narrow to only that land within the boundaries of the

22  right-of-way.

23         (12)  "Electrical power plant" means, for the purpose

24  of certification, any steam or solar electrical generating

25  facility using any process or fuel, including nuclear

26  materials,  and includes associated facilities which directly

27  support the construction and operation of the electrical power

28  plant and those associated transmission lines which connect

29  the electrical power plant to an existing transmission network

30  or rights-of-way to which the applicant intends to connect,

31  except that this term does not include any steam or solar


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 1  electrical generating facility of less than 75 megawatts in

 2  capacity unless the applicant for such a facility elects to

 3  apply for certification under this act. This term includes

 4  associated facilities to be owned by the applicant which are

 5  physically connected to the electrical power plant site or

 6  which are directly connected to the electrical power plant

 7  site by other proposed associated facilities to be owned by

 8  the applicant, and associated transmission lines to be owned

 9  by the applicant which connect the electrical power plant to

10  an existing transmission network or rights-of-way of which the

11  applicant intends to connect. An associated transmission line

12  may include, At the applicant's option, this term may include,

13  any offsite associated facilities which will not be owned by

14  the applicant; offsite associated facilities which are owned

15  by the applicant but which are not directly connected to the

16  electrical power plant site; any proposed terminal or

17  intermediate substations or substation expansions connected to

18  the associated transmission line; or new transmission lines,

19  upgrades, or improvements of an existing transmission line on

20  any portion of the applicant's electrical transmission system

21  necessary to support the generation injected into the system

22  from the proposed electrical power plant.

23         (16)  "Licensee" means an applicant that has obtained a

24  certification order for the subject project.

25         (19)(18)  "Nonprocedural requirements of agencies"

26  means any agency's regulatory requirements established by

27  statute, rule, ordinance, zoning ordinance, land development

28  code, or comprehensive plan, excluding any provisions

29  prescribing forms, fees, procedures, or time limits for the

30  review or processing of information submitted to demonstrate

31  compliance with such regulatory requirements.


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 1         (25)(24)  "Right-of-way" means land necessary for the

 2  construction and maintenance of a connected associated linear

 3  facility, such as a railroad line, pipeline, or transmission

 4  line as owned by or proposed to be certified by the applicant.

 5  The typical width of the right-of-way shall be identified in

 6  the application. The right-of-way shall be located within the

 7  certified corridor and shall be identified by the applicant

 8  subsequent to certification in documents filed with the

 9  department prior to construction.

10         (28)(27)  "Ultimate site capacity" means the maximum

11  generating capacity for a site as certified by the board.

12  "Sufficiency" means that the application is not only complete

13  but that all sections are sufficient in the comprehensiveness

14  of data or in the quality of information provided to allow the

15  department to determine whether the application provides the

16  reviewing agencies adequate information to prepare the reports

17  required by s. 403.507.

18         Section 21.  Subsections (1), (7), (9), and (10) of

19  section 403.504, Florida Statutes, are amended, and new

20  subsections (9), (10), (11), and (12) are added to that

21  section, to read:

22         403.504  Department of Environmental Protection; powers

23  and duties enumerated.--The department shall have the

24  following powers and duties in relation to this act:

25         (1)  To adopt rules pursuant to ss. 120.536(1) and

26  120.54 to implement the provisions of this act, including

27  rules setting forth environmental precautions to be followed

28  in relation to the location, construction, and operation of

29  electrical power plants.

30         (7)  To conduct studies and prepare a project written

31  analysis under s. 403.507.


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 1         (9)  To issue final orders after receipt of the

 2  administrative law judge's order relinquishing jurisdiction

 3  pursuant to s. 403.508(6).

 4         (10)  To act as clerk for the siting board.

 5         (11)  To administer and manage the terms and conditions

 6  of the certification order and supporting documents and

 7  records for the life of the facility.

 8         (12)  To issue emergency orders on behalf of the board

 9  for facilities licensed under this act.

10         (9)  To notify all affected agencies of the filing of a

11  notice of intent within 15 days after receipt of the notice.

12         (10)  To issue, with the electrical power plant

13  certification, any license required pursuant to any federally

14  delegated or approved permit program.

15         Section 22.  Section 403.5055, Florida Statutes, is

16  amended to read:

17         403.5055  Application for permits pursuant to s.

18  403.0885.--In processing applications for permits pursuant to

19  s. 403.0885 that are associated with applications for

20  electrical power plant certification:

21         (1)  The procedural requirements set forth in 40 C.F.R.

22  s. 123.25, including public notice, public comments, and

23  public hearings, shall be closely coordinated with the

24  certification process established under this part. In the

25  event of a conflict between the certification process and

26  federally required procedures for NPDES permit issuance, the

27  applicable federal requirements shall control.

28         (2)  The department's proposed action pursuant to 40

29  C.F.R. s. 124.6, including any draft NPDES permit (containing

30  the information required under 40 C.F.R. s. 124.6(d)), shall

31  within 130 days after the submittal of a complete application


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 1  be publicly noticed and transmitted to the United States

 2  Environmental Protection Agency for its review pursuant to 33

 3  U.S.C. s. 1342(d).

 4         (2)(3)  If available at the time the department issues

 5  its project analysis pursuant to s. 403.507(5), the department

 6  shall include in its project analysis written analysis

 7  pursuant to s. 403.507(3) copies of the department's proposed

 8  action pursuant to 40 C.F.R. s. 124.6 on any application for a

 9  NPDES permit; any corresponding comments received from the

10  United States Environmental Protection Agency, the applicant,

11  or the general public; and the department's response to those

12  comments.

13         (3)(4)  The department shall not issue or deny the

14  permit pursuant to s. 403.0885 in advance of the issuance of

15  the electrical electric power plant certification under this

16  part unless required to do so by the provisions of federal

17  law. When possible, any hearing on a permit issued pursuant to

18  s. 403.0885 shall be conducted in conjunction with the

19  certification hearing held pursuant to this act. The

20  department's actions on an NPDES permit shall be based on the

21  record and recommended order of the certification hearing, if

22  the hearing on the NPDES was conducted in conjunction with the

23  certification hearing, and of any other proceeding held in

24  connection with the application for an NPDES permit, timely

25  public comments received with respect to the application, and

26  the provisions of federal law. The department's action on an

27  NPDES permit, if issued, shall differ from the actions taken

28  by the siting board regarding the certification order if

29  federal laws and regulations require different action to be

30  taken to ensure compliance with the Clean Water Act, as

31  amended, and implementing regulations. Nothing in this part


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 1  shall be construed to displace the department's authority as

 2  the final permitting entity under the federally approved state

 3  NPDES program. Nothing in this part shall be construed to

 4  authorize the issuance of a state NPDES permit which does not

 5  conform to the requirements of the federally approved state

 6  NPDES program. The permit, if issued, shall be valid for no

 7  more than 5 years.

 8         (5)  The department's action on an NPDES permit

 9  renewal, if issued, shall differ from the actions taken by the

10  siting board regarding the certification order if federal laws

11  and regulations require different action to be taken to ensure

12  compliance with the Clean Water Act, as amended, and

13  implementing regulations.

14         Section 23.  Section 403.506, Florida Statutes, is

15  amended to read:

16         403.506  Applicability, thresholds, and

17  certification.--

18         (1)  The provisions of this act shall apply to any

19  electrical power plant as defined herein, except that the

20  provisions of this act shall not apply to any electrical power

21  plant or steam generating plant of less than 75 megawatts in

22  capacity or to any substation to be constructed as part of an

23  associated transmission line unless the applicant has elected

24  to apply for certification of such plant or substation under

25  this act. The provisions of this act shall not apply to any

26  unit capacity expansion of 35 megawatts or less of an existing

27  exothermic reaction cogeneration unit that was exempt from

28  this act when it was originally built; however, this exemption

29  shall not apply if the unit uses oil or natural gas for

30  purposes other than unit startup. No construction of any new

31  electrical power plant or expansion in steam generating


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 1  capacity as measured by an increase in the maximum electrical

 2  generator rating of any existing electrical power plant may be

 3  undertaken after October 1, 1973, without first obtaining

 4  certification in the manner as herein provided, except that

 5  this act shall not apply to any such electrical power plant

 6  which is presently operating or under construction or which

 7  has, upon the effective date of chapter 73-33, Laws of

 8  Florida, applied for a permit or certification under

 9  requirements in force prior to the effective date of such act.

10         (2)  Except as provided in the certification,

11  modification of nonnuclear fuels, internal related hardware,

12  including increases in steam turbine efficiency, or operating

13  conditions not in conflict with certification which increase

14  the electrical output of a unit to no greater capacity than

15  the maximum electrical generator rating operating capacity of

16  the existing generator shall not constitute an alteration or

17  addition to generating capacity which requires certification

18  pursuant to this act.

19         (3)  The application for any related department license

20  which is required pursuant to any federally delegated or

21  approved permit program shall be processed within the time

22  periods allowed by this act, in lieu of those specified in s.

23  120.60. However, permits issued pursuant to s. 403.0885 shall

24  be processed in accordance with 40 C.F.R. part 123.

25         Section 24.  Section 403.5064, Florida Statutes, is

26  amended to read:

27         403.5064  Application Distribution of application;

28  schedules.--

29         (1)  The formal date of filing of a certification

30  application and commencement of the certification review

31  process shall be when the applicant submits:


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 1         (a)  Copies of the certification application in a

 2  quantity and format as prescribed by rule to the department

 3  and other agencies identified in s. 403.507(2)(a).

 4         (b)  The application fee specified under s. 403.518 to

 5  the department.

 6         (2)(1)  Within 7 days after the filing of an

 7  application, the department shall provide to the applicant and

 8  the Division of Administrative Hearings the names and

 9  addresses of any additional those affected or other agencies

10  or persons entitled to notice and copies of the application

11  and any amendments. Copies of the application shall be

12  distributed within 5 days by the applicant to these additional

13  agencies. This distribution shall not be a basis for altering

14  the schedule of dates for the certification process.

15         (3)  Any amendment to the application made prior to

16  certification shall be disposed of as part of the original

17  certification proceeding. Amendment of the application may be

18  considered good cause for alteration of time limits pursuant

19  to s. 403.5095.

20         (4)(2)  Within 7 days after the filing of an

21  application completeness has been determined, the department

22  shall prepare a proposed schedule of dates for determination

23  of completeness, submission of statements of issues,

24  determination of sufficiency, and submittal of final reports,

25  from affected and other agencies and other significant dates

26  to be followed during the certification process, including

27  dates for filing notices of appearance to be a party pursuant

28  to s. 403.508(3)(4). This schedule shall be timely provided by

29  the department to the applicant, the administrative law judge,

30  all agencies identified pursuant to subsection (2) (1), and

31  all parties. Within 7 days after the filing of the proposed


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 1  schedule, the administrative law judge shall issue an order

 2  establishing a schedule for the matters addressed in the

 3  department's proposed schedule and other appropriate matters,

 4  if any.

 5         (5)(3)  Within 7 days after completeness has been

 6  determined, the applicant shall distribute copies of the

 7  application to all agencies identified by the department

 8  pursuant to subsection (1). Copies of changes and amendments

 9  to the application shall be timely distributed by the

10  applicant to all affected agencies and parties who have

11  received a copy of the application.

12         (6)  Notice of the filing of the application shall be

13  published in accordance with the requirements of s. 403.5115.

14         Section 25.  Section 403.5065, Florida Statutes, is

15  amended to read:

16         403.5065  Appointment of administrative law judge;

17  powers and duties.--

18         (1)  Within 7 days after receipt of an application,

19  whether complete or not, the department shall request the

20  Division of Administrative Hearings to designate an

21  administrative law judge to conduct the hearings required by

22  this act. The division director shall designate an

23  administrative law judge within 7 days after receipt of the

24  request from the department. In designating an administrative

25  law judge for this purpose, the division director shall,

26  whenever practicable, assign an administrative law judge who

27  has had prior experience or training in electrical power plant

28  site certification proceedings. Upon being advised that an

29  administrative law judge has been appointed, the department

30  shall immediately file a copy of the application and all

31  


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 1  supporting documents with the designated administrative law

 2  judge, who shall docket the application.

 3         (2)  The administrative law judge shall have all powers

 4  and duties granted to administrative law judges by chapter 120

 5  and by the laws and rules of the department.

 6         Section 26.  Section 403.5066, Florida Statutes, is

 7  amended to read:

 8         403.5066  Determination of completeness.--

 9         (1)(a)  Within 30 days after the filing of an

10  application, affected agencies shall file a statement with the

11  department containing each agency's recommendations on the

12  completeness of the application.

13         (b)  Within 40 15 days after the filing receipt of an

14  application, the department shall file a statement with the

15  Division of Administrative Hearings, and with the applicant,

16  and with all parties declaring its position with regard to the

17  completeness, not the sufficiency, of the application. The

18  department's statement shall be based upon consultation with

19  the affected agencies.

20         (2)(1)  If the department declares the application to

21  be incomplete, the applicant, within 15 days after the filing

22  of the statement by the department, shall file with the

23  Division of Administrative Hearings, and with the department,

24  and all parties a statement:

25         (a)  A withdrawal of Agreeing with the statement of the

26  department and withdrawing the application;

27         (b)  A statement agreeing to supply the additional

28  information necessary to make the application complete. Such

29  additional information shall be provided within 30 days after

30  the issuance of the department's statement on completeness of

31  the application. The time schedules under this act shall not


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 1  be tolled if the applicant makes the application complete

 2  within 30 days after the issuance of the department's

 3  statement on completeness of the application. A subsequent

 4  finding by the department that the application remains

 5  incomplete, based upon the additional information submitted by

 6  the applicant or upon the failure of the applicant to timely

 7  submit the additional information, tolls the time schedules

 8  under this act until the application is determined complete;

 9  Agreeing with the statement of the department and agreeing to

10  amend the application without withdrawing it. The time

11  schedules referencing a complete application under this act

12  shall not commence until the application is determined

13  complete; or

14         (c)  A statement contesting the department's

15  determination of incompleteness; or contesting the statement

16  of the department.

17         (d)  A statement agreeing with the department and

18  requesting additional time beyond 30 days to provide the

19  information necessary to make the application complete. If the

20  applicant exercises this option, the time schedules under this

21  act are tolled until the application is determined complete.

22         (3)(a)(2)  If the applicant contests the determination

23  by the department that an application is incomplete, the

24  administrative law judge shall schedule a hearing on the

25  statement of completeness. The hearing shall be held as

26  expeditiously as possible, but not later than 21 30 days after

27  the filing of the statement by the department. The

28  administrative law judge shall render a decision within 7 10

29  days after the hearing.

30  

31  


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 1         (b)  Parties to a hearing on the issue of completeness

 2  shall include the applicant, the department, and any agency

 3  that has jurisdiction over the matter in dispute.

 4         (c)(a)  If the administrative law judge determines that

 5  the application was not complete as filed, the applicant shall

 6  withdraw the application or make such additional submittals as

 7  necessary to complete it. The time schedules referencing a

 8  complete application under this act shall not commence until

 9  the application is determined complete.

10         (d)(b)  If the administrative law judge determines that

11  the application was complete at the time it was declared

12  incomplete filed, the time schedules referencing a complete

13  application under this act shall commence upon such

14  determination.

15         (4)  If the applicant provides additional information

16  to address the issues identified in the determination of

17  incompleteness, each affected agency may submit to the

18  department, no later than 15 days after the applicant files

19  the additional information, a recommendation on whether the

20  agency believes the application is complete. Within 22 days

21  after receipt of the additional information from the applicant

22  submitted under paragraph (2)(b), paragraph (2)(d), or

23  paragraph (3)(c), the department shall determine whether the

24  additional information supplied by an applicant makes the

25  application complete. If the department finds that the

26  application is still incomplete, the applicant may exercise

27  any of the options specified in subsection (2) as often as is

28  necessary to resolve the dispute.

29         Section 27.  Section 403.50663, Florida Statutes, is

30  created to read:

31         403.50663  Informational public meetings.--


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 1         (1)  A local government within whose jurisdiction the

 2  power plant is proposed to be sited may hold one informational

 3  public meeting in addition to the hearings specifically

 4  authorized by this act on any matter associated with the

 5  electrical power plant proceeding. Such informational public

 6  meetings shall be held by the local government or by the

 7  regional planning council if the local government does not

 8  hold such meeting within 70 days after the filing of the

 9  application. The purpose of an informational public meeting is

10  for the local government or regional planning council to

11  further inform the public about the proposed electrical power

12  plant or associated facilities, obtain comments from the

13  public, and formulate its recommendation with respect to the

14  proposed electrical power plant.

15         (2)  Informational public meetings shall be held solely

16  at the option of each local government or regional planning

17  council if a public meeting is not held by the local

18  government. It is the legislative intent that local

19  governments or regional planning councils attempt to hold such

20  public meetings. Parties to the proceedings under this act

21  shall be encouraged to attend; however, no party other than

22  the applicant and the department shall be required to attend

23  such informational public meetings.

24         (3)  A local government or regional planning council

25  that intends to conduct an informational public meeting must

26  provide notice of the meeting to all parties not less than 5

27  days prior to the meeting.

28         (4)  The failure to hold an informational public

29  meeting or the procedure used for the informational public

30  meeting are not grounds for the alteration of any time

31  


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 1  limitation in this act under s. 403.5095 or grounds to deny or

 2  condition certification.

 3         Section 28.  Section 403.50665, Florida Statutes, is

 4  created to read:

 5         403.50665  Land use consistency.--

 6         (1)  The applicant shall include in the application a

 7  statement on the consistency of the site or any directly

 8  associated facilities with existing land use plans and zoning

 9  ordinances that were in effect on the date the application was

10  filed and a full description of such consistency.

11         (2)  Within 45 days after the filing of the

12  application, each local government shall file a determination

13  with the department, the applicant, the administrative law

14  judge, and all parties on the consistency of the site or any

15  directly associated facilities with existing land use plans

16  and zoning ordinances that were in effect on the date the

17  application was filed, based on the information provided in

18  the application. The local government may issue its

19  determination up to 35 days later if the local government has

20  requested additional information on land use and zoning

21  consistency as part of the local government's statement on

22  completeness of the application submitted pursuant to s.

23  403.5066(1)(a). Notice of the consistency determination shall

24  be published in accordance with the requirements of s.

25  403.5115.

26         (3)  If the local government issues a determination

27  that the proposed electrical power plant is not consistent or

28  in compliance with local land use plans and zoning ordinances,

29  the applicant may apply to the local government for the

30  necessary local approval to address the inconsistencies in the

31  local government's determination. If the applicant makes such


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 1  an application to the local government, the time schedules

 2  under this act shall be tolled until the local government

 3  issues its revised determination on land use and zoning or the

 4  applicant otherwise withdraws its application to the local

 5  government. If the applicant applies to the local government

 6  for necessary local land use or zoning approval, the local

 7  government shall issue a revised determination within 30 days

 8  following the conclusion of that local proceeding, and the

 9  time schedules and notice requirements under this act shall

10  apply to such revised determination.

11         (4)  If any substantially affected person wishes to

12  dispute the local government's determination, he or she shall

13  file a petition with the department within 21 days after the

14  publication of notice of the local government's determination.

15  If a hearing is requested, the provisions of s. 403.508(1)

16  shall apply.

17         (5)  The dates in this section may be altered upon

18  agreement between the applicant, the local government, and the

19  department pursuant to s. 403.5095.

20         (6)  If it is determined by the local government that

21  the proposed site or directly associated facility does conform

22  with existing land use plans and zoning ordinances in effect

23  as of the date of the application and no petition has been

24  filed, the responsible zoning or planning authority shall not

25  thereafter change such land use plans or zoning ordinances so

26  as to foreclose construction and operation of the proposed

27  site or directly associated facilities unless certification is

28  subsequently denied or withdrawn.

29         Section 29.  Section 403.5067, Florida Statutes, is

30  repealed.

31  


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 1         Section 30.  Section 403.507, Florida Statutes, is

 2  amended to read:

 3         403.507  Preliminary statements of issues, reports,

 4  project analyses, and studies.--

 5         (1)  Each affected agency identified in paragraph

 6  (2)(a) shall submit a preliminary statement of issues to the

 7  department, and the applicant, and all parties no later than

 8  40 60 days after the certification application has been

 9  determined distribution of the complete application. The

10  failure to raise an issue in this statement shall not preclude

11  the issue from being raised in the agency's report.

12         (2)(a)  No later than 100 days after the certification

13  application has been determined complete, the following

14  agencies shall prepare reports as provided below and shall

15  submit them to the department and the applicant within 150

16  days after distribution of the complete application:

17         1.  The Department of Community Affairs shall prepare a

18  report containing recommendations which address the impact

19  upon the public of the proposed electrical power plant, based

20  on the degree to which the electrical power plant is

21  consistent with the applicable portions of the state

22  comprehensive plan, emergency management, and other such

23  matters within its jurisdiction. The Department of Community

24  Affairs may also comment on the consistency of the proposed

25  electrical power plant with applicable strategic regional

26  policy plans or local comprehensive plans and land development

27  regulations.

28         2.  The Public Service Commission shall prepare a

29  report as to the present and future need for the electrical

30  generating capacity to be supplied by the proposed electrical

31  power plant. The report shall include the commission's


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 1  determination pursuant to s. 403.519 and may include the

 2  commission's comments with respect to any other matters within

 3  its jurisdiction.

 4         2.3.  The water management district shall prepare a

 5  report as to matters within its jurisdiction, including but

 6  not limited to, the impact of the proposed electrical power

 7  plant on water resources, regional water supply planning, and

 8  district-owned lands and works .

 9         3.4.  Each local government in whose jurisdiction the

10  proposed electrical power plant is to be located shall prepare

11  a report as to the consistency of the proposed electrical

12  power plant with all applicable local ordinances, regulations,

13  standards, or criteria that apply to the proposed electrical

14  power plant, including adopted local comprehensive plans, land

15  development regulations, and any applicable local

16  environmental regulations adopted pursuant to s. 403.182 or by

17  other means.

18         4.5.  The Fish and Wildlife Conservation Commission

19  shall prepare a report as to matters within its jurisdiction.

20         5.6.  Each The regional planning council shall prepare

21  a report containing recommendations that address the impact

22  upon the public of the proposed electrical power plant, based

23  on the degree to which the electrical power plant is

24  consistent with the applicable provisions of the strategic

25  regional policy plan adopted pursuant to chapter 186 and other

26  matters within its jurisdiction.

27         6.  The Department of Transportation shall address the

28  impact of the proposed electrical power plant on matters

29  within its jurisdiction.

30         (b)7.  Any other agency, if requested by the

31  department, shall also perform studies or prepare reports as


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 1  to matters within that agency's jurisdiction which may

 2  potentially be affected by the proposed electrical power

 3  plant.

 4         (b)  As needed to verify or supplement the studies made

 5  by the applicant in support of the application, it shall be

 6  the duty of the department to conduct, or contract for,

 7  studies of the proposed electrical power plant and site,

 8  including, but not limited to, the following, which shall be

 9  completed no later than 210 days after the complete

10  application is filed with the department:

11         1.  Cooling system requirements.

12         2.  Construction and operational safeguards.

13         3.  Proximity to transportation systems.

14         4.  Soil and foundation conditions.

15         5.  Impact on suitable present and projected water

16  supplies for this and other competing uses.

17         6.  Impact on surrounding land uses.

18         7.  Accessibility to transmission corridors.

19         8.  Environmental impacts.

20         9.  Requirements applicable under any federally

21  delegated or approved permit program.

22         (3)(c)  Each report described in subsection (2)

23  paragraphs (a) and (b) shall contain:

24         (a)  A notice of any nonprocedural requirements not

25  specifically listed in the application from which a variance,

26  exemption, exception all information on variances, exemptions,

27  exceptions, or other relief is necessary in order for the

28  proposed electrical power plant to be certified. Failure of

29  such notification by an agency shall be treated as a waiver

30  from nonprocedural requirements of that agency. However, no

31  variance shall be granted from standards or regulations of the


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 1  department applicable under any federally delegated or

 2  approved permit program, except as expressly allowed in such

 3  program. which may be required by s. 403.511(2) and

 4         (b)  A recommendation for approval or denial of the

 5  application.

 6         (c)  Any proposed conditions of certification on

 7  matters within the jurisdiction of such agency. For each

 8  condition proposed by an agency in its report, the agency

 9  shall list the specific statute, rule, or ordinance which

10  authorizes the proposed condition.

11         (d)  The agencies shall initiate the activities

12  required by this section no later than 15 30 days after the

13  complete application is distributed. The agencies shall keep

14  the applicant and the department informed as to the progress

15  of the studies and any issues raised thereby.

16         (3)  No later than 60 days after the application for a

17  federally required new source review or prevention of

18  significant deterioration permit for the electrical power

19  plant is complete and sufficient, the department shall issue

20  its preliminary determination on such permit. Notice of such

21  determination shall be published as required by the

22  department's rules for notices of such permits. The department

23  shall receive public comments and comments from the United

24  States Environmental Protection Agency and other affected

25  agencies on the preliminary determination as provided for in

26  the federally approved state implementation plan. The

27  department shall maintain a record of all comments received

28  and considered in taking action on such permits. If a petition

29  for an administrative hearing on the department's preliminary

30  determination is filed by a substantially affected person,

31  


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 1  that hearing shall be consolidated with the certification

 2  hearing.

 3         (4)(a)  No later than 150 days after the application is

 4  filed, the Public Service Commission shall prepare a report as

 5  to the present and future need for electrical generating

 6  capacity to be supplied by the proposed electrical power

 7  plant. The report shall include the commission's determination

 8  pursuant to s. 403.519 and may include the commission's

 9  comments with respect to any other matters within its

10  jurisdiction.

11         (b)  Receipt of an affirmative determination of need by

12  the submittal deadline under paragraph (a) shall be a

13  condition precedent to issuance of the department's project

14  analysis and conduct of the certification hearing.

15         (5)(4)  The department shall prepare a project written

16  analysis, which shall be filed with the designated

17  administrative law judge and served on all parties no later

18  than 130 240 days after the complete application is determined

19  complete filed with the department, but no later than 60 days

20  prior to the hearing, and which shall include:

21         (a)  A statement indicating whether the proposed

22  electrical power plant and proposed ultimate site capacity

23  will be in compliance and consistent with matters within the

24  department's standard jurisdiction, including with the rules

25  of the department, as well as whether the proposed electrical

26  power plant and proposed ultimate site capacity will be in

27  compliance with the nonprocedural requirements of the affected

28  agencies.

29         (b)  Copies of the studies and reports required by this

30  section and s. 403.519.

31  


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 1         (c)  The comments received by the department from any

 2  other agency or person.

 3         (d)  The recommendation of the department as to the

 4  disposition of the application, of variances, exemptions,

 5  exceptions, or other relief identified by any party, and of

 6  any proposed conditions of certification which the department

 7  believes should be imposed.

 8         (e)  If available, the recommendation of the department

 9  regarding the issuance of any license required pursuant to a

10  federally delegated or approved permit program.

11         (f)  Copies of the department's draft of the operation

12  permit for a major source of air pollution, which must also be

13  provided to the United States Environmental Protection Agency

14  for review within 5 days after issuance of the written

15  analysis.

16         (6)(5)  Except when good cause is shown, the failure of

17  any agency to submit a preliminary statement of issues or a

18  report, or to submit its preliminary statement of issues or

19  report within the allowed time, shall not be grounds for the

20  alteration of any time limitation in this act. Neither the

21  failure to submit a preliminary statement of issues or a

22  report nor the inadequacy of the preliminary statement of

23  issues or report are shall be grounds to deny or condition

24  certification.

25         Section 31.  Section 403.508, Florida Statutes, is

26  amended to read:

27         403.508  Land use and certification hearings

28  proceedings, parties, participants.--

29         (1)(a)  If a petition for a hearing on land use has

30  been filed pursuant to s. 403.50665, the designated

31  administrative law judge shall conduct a land use hearing in


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 1  the county of the proposed site or directly associated

 2  facility, as applicable, as expeditiously as possible, but not

 3  later than 30 within 90 days after the department's receipt of

 4  the petition a complete application for electrical power plant

 5  site certification by the department. The place of such

 6  hearing shall be as close as possible to the proposed site or

 7  directly associated facility. If a petition is filed, the

 8  hearing shall be held regardless of the status of the

 9  completeness of the application. However, incompleteness of

10  information necessary for a local government to evaluate an

11  application may be claimed by the local government as cause

12  for a statement of inconsistency with existing land use plans

13  and zoning ordinances under s. 403.50665.

14         (b)  Notice of the land use hearing shall be published

15  in accordance with the requirements of s. 403.5115.

16         (c)(2)  The sole issue for determination at the land

17  use hearing shall be whether or not the proposed site is

18  consistent and in compliance with existing land use plans and

19  zoning ordinances. If the administrative law judge concludes

20  that the proposed site is not consistent or in compliance with

21  existing land use plans and zoning ordinances, the

22  administrative law judge shall receive at the hearing evidence

23  on, and address in the recommended order any changes to or

24  approvals or variances under, the applicable land use plans or

25  zoning ordinances which will render the proposed site

26  consistent and in compliance with the local land use plans and

27  zoning ordinances.

28         (d)  The designated administrative law judge's

29  recommended order shall be issued within 30 days after

30  completion of the hearing and shall be reviewed by the board

31  


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 1  within 60 45 days after receipt of the recommended order by

 2  the board.

 3         (e)  If it is determined by the board that the proposed

 4  site does conform with existing land use plans and zoning

 5  ordinances in effect as of the date of the application, or as

 6  otherwise provided by this act, the responsible zoning or

 7  planning authority shall not thereafter change such land use

 8  plans or zoning ordinances so as to foreclose construction and

 9  operation of affect the proposed electrical power plant on the

10  proposed site or directly associated facilities unless

11  certification is subsequently denied or withdrawn.

12         (f)  If it is determined by the board that the proposed

13  site does not conform with existing land use plans and zoning

14  ordinances, it shall be the responsibility of the applicant to

15  make the necessary application for rezoning. Should the

16  application for rezoning be denied, the applicant may appeal

17  this decision to the board, which may, if it determines after

18  notice and hearing and upon consideration of the recommended

19  order on land use and zoning issues that it is in the public

20  interest to authorize the use of the land as a site for an

21  electrical power plant, authorize a variance or other

22  necessary approval to the adopted land use plan and zoning

23  ordinances required to render the proposed site consistent

24  with local land use plans and zoning ordinances. The board's

25  action shall not be controlled by any other procedural

26  requirements of law. In the event a variance or other approval

27  is denied by the board, it shall be the responsibility of the

28  applicant to make the necessary application for any approvals

29  determined by the board as required to make the proposed site

30  consistent and in compliance with local land use plans and

31  zoning ordinances. No further action may be taken on the


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 1  complete application by the department until the proposed site

 2  conforms to the adopted land use plan or zoning ordinances or

 3  the board grants relief as provided under this act.

 4         (2)(a)(3)  A certification hearing shall be held by the

 5  designated administrative law judge no later than 265 300 days

 6  after the complete application is filed with the department;

 7  however, an affirmative determination of need by the Public

 8  Service Commission pursuant to s. 403.519 shall be a condition

 9  precedent to the conduct of the certification hearing. The

10  certification hearing shall be held at a location in proximity

11  to the proposed site. The certification hearing shall also

12  constitute the sole hearing allowed by chapter 120 to

13  determine the substantial interest of a party regarding any

14  required agency license or any related permit required

15  pursuant to any federally delegated or approved permit

16  program. At the conclusion of the certification hearing, the

17  designated administrative law judge shall, after consideration

18  of all evidence of record, submit to the board a recommended

19  order no later than 45 60 days after the filing of the hearing

20  transcript. In the event the administrative law judge fails to

21  issue a recommended order within 60 days after the filing of

22  the hearing transcript, the administrative law judge shall

23  submit a report to the board with a copy to all parties within

24  60 days after the filing of the hearing transcript to advise

25  the board of the reason for the delay in the issuance of the

26  recommended order and of the date by which the recommended

27  order will be issued.

28         (b)  Notice of the certification hearing and notice of

29  the deadline for filing of notice of intent to be a party

30  shall be made in accordance with the requirements of s.

31  403.5115.


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 1         (3)(a)(4)(a)  Parties to the proceeding shall include:

 2         1.  The applicant.

 3         2.  The Public Service Commission.

 4         3.  The Department of Community Affairs.

 5         4.  The Fish and Wildlife Conservation Commission.

 6         5.  The water management district.

 7         6.  The department.

 8         7.  The regional planning council.

 9         8.  The local government.

10         9.  The Department of Transportation.

11         (b)  Any party listed in paragraph (a) other than the

12  department or the applicant may waive its right to participate

13  in these proceedings. If such listed party fails to file a

14  notice of its intent to be a party on or before the 90th day

15  prior to the certification hearing, such party shall be deemed

16  to have waived its right to be a party.

17         (c)  Notwithstanding the provisions of chapter 120,

18  upon the filing with the administrative law judge of a notice

19  of intent to be a party no later than 75 days after the

20  application is filed at least 15 days prior to the date of the

21  land use hearing, the following shall also be parties to the

22  proceeding:

23         1.  Any agency not listed in paragraph (a) as to

24  matters within its jurisdiction.

25         2.  Any domestic nonprofit corporation or association

26  formed, in whole or in part, to promote conservation or

27  natural beauty; to protect the environment, personal health,

28  or other biological values; to preserve historical sites; to

29  promote consumer interests; to represent labor, commercial, or

30  industrial groups; or to promote comprehensive planning or

31  


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 1  orderly development of the area in which the proposed

 2  electrical power plant is to be located.

 3         (d)  Notwithstanding paragraph (e), failure of an

 4  agency described in subparagraph (c)1. to file a notice of

 5  intent to be a party within the time provided herein shall

 6  constitute a waiver of the right of that agency to participate

 7  as a party in the proceeding.

 8         (e)  Other parties may include any person, including

 9  those persons enumerated in paragraph (c) who have failed to

10  timely file a notice of intent to be a party, whose

11  substantial interests are affected and being determined by the

12  proceeding and who timely file a motion to intervene pursuant

13  to chapter 120 and applicable rules. Intervention pursuant to

14  this paragraph may be granted at the discretion of the

15  designated administrative law judge and upon such conditions

16  as he or she may prescribe any time prior to 30 days before

17  the commencement of the certification hearing.

18         (f)  Any agency, including those whose properties or

19  works are being affected pursuant to s. 403.509(4), shall be

20  made a party upon the request of the department or the

21  applicant.

22         (4)(a)  The order of presentation at the certification

23  hearing, unless otherwise changed by the administrative law

24  judge to ensure the orderly presentation of witnesses and

25  evidence, shall be:

26         1.  The applicant.

27         2.  The department.

28         3.  State agencies.

29         4.  Regional agencies, including regional planning

30  councils and water management districts.

31         5.  Local governments.


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 1         6.  Other parties.

 2         (b)(5)  When appropriate, any person may be given an

 3  opportunity to present oral or written communications to the

 4  designated administrative law judge. If the designated

 5  administrative law judge proposes to consider such

 6  communications, then all parties shall be given an opportunity

 7  to cross-examine or challenge or rebut such communications.

 8         (5)  At the conclusion of the certification hearing,

 9  the designated administrative law judge shall, after

10  consideration of all evidence of record, submit to the board a

11  recommended order no later than 45 days after the filing of

12  the hearing transcript.

13         (6)(a)  No earlier than 29 days prior to the conduct of

14  the certification hearing, the department or the applicant may

15  request that the administrative law judge cancel the

16  certification hearing and relinquish jurisdiction to the

17  department if all parties to the proceeding stipulate that

18  there are no disputed issues of fact or law to be raised at

19  the certification hearing, and if sufficient time remains for

20  the applicant and the department to publish public notices of

21  the cancellation of the hearing at least 3 days prior to the

22  scheduled date of the hearing.

23         (b)  The administrative law judge shall issue an order

24  granting or denying the request within 5 days after receipt of

25  the request.

26         (c)  If the administrative law judge grants the

27  request, the department and the applicant shall publish

28  notices of the cancellation of the certification hearing, in

29  accordance with s. 403.5115.

30  

31  


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 1         (d)1.  If the administrative law judge grants the

 2  request, the department shall prepare and issue a final order

 3  in accordance with s. 403.509(1)(a).

 4         2.  Parties may submit proposed recommended orders to

 5  the department no later than 10 days after the administrative

 6  law judge issues an order relinquishing jurisdiction.

 7         (7)  The applicant shall pay those expenses and costs

 8  associated with the conduct of the hearings and the recording

 9  and transcription of the proceedings.

10         (6)  The designated administrative law judge shall have

11  all powers and duties granted to administrative law judges by

12  chapter 120 and this chapter and by the rules of the

13  department and the Administration Commission, including the

14  authority to resolve disputes over the completeness and

15  sufficiency of an application for certification.

16         (7)  The order of presentation at the certification

17  hearing, unless otherwise changed by the administrative law

18  judge to ensure the orderly presentation of witnesses and

19  evidence, shall be:

20         (a)  The applicant.

21         (b)  The department.

22         (c)  State agencies.

23         (d)  Regional agencies, including regional planning

24  councils and water management districts.

25         (e)  Local governments.

26         (f)  Other parties.

27         (8)  In issuing permits under the federally approved

28  new source review or prevention of significant deterioration

29  permit program, the department shall observe the procedures

30  specified under the federally approved state implementation

31  plan, including public notice, public comment, public hearing,


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 1  and notice of applications and amendments to federal, state,

 2  and local agencies, to assure that all such permits issued in

 3  coordination with the certification of a power plant under

 4  this act are federally enforceable and are issued after

 5  opportunity for informed public participation regarding the

 6  terms and conditions thereof. When possible, any hearing on a

 7  federally approved or delegated program permit such as new

 8  source review, prevention of significant deterioration permit,

 9  or NPDES permit shall be conducted in conjunction with the

10  certification hearing held under this act. The department

11  shall accept written comment with respect to an application

12  for, or the department's preliminary determination on, a new

13  source review or prevention of significant deterioration

14  permit for a period of no less than 30 days from the date

15  notice of such action is published. Upon request submitted

16  within 30 days after published notice, the department shall

17  hold a public meeting, in the area affected, for the purpose

18  of receiving public comment on issues related to the new

19  source review or prevention of significant deterioration

20  permit. If requested following notice of the department's

21  preliminary determination, the public meeting to receive

22  public comment shall be held prior to the scheduled

23  certification hearing. The department shall also solicit

24  comments from the United States Environmental Protection

25  Agency and other affected federal agencies regarding the

26  department's preliminary determination for any federally

27  required new source review or prevention of significant

28  deterioration permit. It is the intent of the Legislature that

29  the review, processing, and issuance of such federally

30  delegated or approved permits be closely coordinated with the

31  certification process established under this part. In the


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 1  event of a conflict between the certification process and

 2  federally required procedures contained in the state

 3  implementation plan, the applicable federal requirements of

 4  the implementation plan shall control.

 5         Section 32.  Section 403.509, Florida Statutes, is

 6  amended to read:

 7         403.509  Final disposition of application.--

 8         (1)(a)  If the administrative law judge has granted a

 9  request to cancel the certification hearing and has

10  relinquished jurisdiction to the department under the

11  provisions of s. 403.508(6), within 40 days thereafter, the

12  secretary of the department shall act upon the application by

13  written order in accordance with the terms of this act and the

14  stipulation of the parties in requesting cancellation of the

15  certification hearing.

16         (b)  If the administrative law judge has not granted a

17  request to cancel the certification hearing under the

18  provisions of s. 403.508(6), within 60 days after receipt of

19  the designated administrative law judge's recommended order,

20  the board shall act upon the application by written order,

21  approving certification or denying certification the issuance

22  of a certificate, in accordance with the terms of this act,

23  and stating the reasons for issuance or denial. If

24  certification the certificate  is denied, the board shall set

25  forth in writing the action the applicant would have to take

26  to secure the board's approval of the application.

27         (2)  The issues that may be raised in any hearing

28  before the board shall be limited to those matters raised in

29  the certification proceeding before the administrative law

30  judge or raised in the recommended order. All parties, or

31  


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 1  their representatives, or persons who appear before the board

 2  shall be subject to the provisions of s. 120.66.

 3         (3)  In determining whether an application should be

 4  approved in whole, approved with modifications or conditions,

 5  or denied, the board, or secretary when applicable, shall

 6  consider whether, and the extent to which, the location of the

 7  electrical power plant and directly associated facilities and

 8  their construction and operation will:

 9         (a)  Provide reasonable assurance that operational

10  safeguards are technically sufficient for the public welfare

11  and protection.

12         (b)  Comply with applicable nonprocedural requirements

13  of agencies.

14         (c)  Be consistent with applicable local government

15  comprehensive plans and land development regulations.

16         (d)  Meet the electrical energy needs of the state in

17  an orderly and timely fashion.

18         (e)  Effect a reasonable balance between the need for

19  the facility as established pursuant to s. 403.519, and the

20  impacts upon air and water quality, fish and wildlife, water

21  resources, and other natural resources of the state resulting

22  from the construction and operation of the facility.

23         (f)  Minimize, through the use of reasonable and

24  available methods, the adverse effects on human health, the

25  environment, and the ecology of the land and its wildlife and

26  the ecology of state waters and their aquatic life.

27         (g)  Serve and protect the broad interests of the

28  public.

29         (3)  Within 30 days after issuance of the

30  certification, the department shall issue and forward to the

31  United States Environmental Protection Agency a proposed


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 1  operation permit for a major source of air pollution and must

 2  issue or deny any other license required pursuant to any

 3  federally delegated or approved permit program. The

 4  department's action on the license and its action on the

 5  proposed operation permit for a major source of air pollution

 6  shall be based upon the record and recommended order of the

 7  certification hearing. The department's actions on a federally

 8  required new source review or prevention of significant

 9  deterioration permit shall be based on the record and

10  recommended order of the certification hearing and of any

11  other proceeding held in connection with the application for a

12  new source review or prevention of significant deterioration

13  permit, on timely public comments received with respect to the

14  application or preliminary determination for such permit, and

15  on the provisions of the state implementation plan.

16         (4)  The department's action on a federally required

17  new source review or prevention of significant deterioration

18  permit shall differ from the actions taken by the siting board

19  regarding the certification if the federally approved state

20  implementation plan requires such a different action to be

21  taken by the department. Nothing in this part shall be

22  construed to displace the department's authority as the final

23  permitting entity under the federally approved permit program.

24  Nothing in this part shall be construed to authorize the

25  issuance of a new source review or prevention of significant

26  deterioration permit which does not conform to the

27  requirements of the federally approved state implementation

28  plan. Any final operation permit for a major source of air

29  pollution must be issued in accordance with the provisions of

30  s. 403.0872. Unless the federally delegated or approved permit

31  program provides otherwise, licenses issued by the department


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 1  under this subsection shall be effective for the term of the

 2  certification issued by the board. If renewal of any license

 3  issued by the department pursuant to a federally delegated or

 4  approved permit program is required, such renewal shall not

 5  affect the certification issued by the board, except as

 6  necessary to resolve inconsistencies pursuant to s.

 7  403.516(1)(a).

 8         (5)(4)  In regard to the properties and works of any

 9  agency which is a party to the certification hearing, the

10  board shall have the authority to decide issues relating to

11  the use, the connection thereto, or the crossing thereof, for

12  the electrical power plant and directly associated facilities

13  site and to direct any such agency to execute, within 30 days

14  after the entry of certification, the necessary license or

15  easement for such use, connection, or crossing, subject only

16  to the conditions set forth in such certification.

17         (6)(5)  Except for the issuance of any operation permit

18  for a major source of air pollution pursuant to s. 403.0872,

19  The issuance or denial of the certification by the board or

20  secretary of the department and the issuance or denial of any

21  related department license required pursuant to any federally

22  delegated or approved permit program shall be the final

23  administrative action required as to that application.

24         (6)  All certified electrical power plants must apply

25  for and obtain a major source air-operation permit pursuant to

26  s. 403.0872. Major source air-operation permit applications

27  for certified electrical power plants must be submitted

28  pursuant to a schedule developed by the department. To the

29  extent that any conflicting provision, limitation, or

30  restriction under any rule, regulation, or ordinance imposed

31  by any political subdivision of the state, or by any local


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 1  pollution control program, was superseded during the

 2  certification process pursuant to s. 403.510(1), such rule,

 3  regulation, or ordinance shall continue to be superseded for

 4  purposes of the major source air-operation permit program

 5  under s. 403.0872.

 6         Section 33.  Section 403.511, Florida Statutes, is

 7  amended to read:

 8         403.511  Effect of certification.--

 9         (1)  Subject to the conditions set forth therein, any

10  certification signed by the Governor shall constitute the sole

11  license of the state and any agency as to the approval of the

12  site and the construction and operation of the proposed

13  electrical power plant, except for the issuance of department

14  licenses required under any federally delegated or approved

15  permit program and except as otherwise provided in subsection

16  (4).

17         (2)(a)  The certification shall authorize the licensee

18  applicant named therein to construct and operate the proposed

19  electrical power plant, subject only to the conditions of

20  certification set forth in such certification, and except for

21  the issuance of department licenses or permits required under

22  any federally delegated or approved permit program.

23         (b)1.  Except as provided in subsection (4), the

24  certification may include conditions which constitute

25  variances, exemptions, or exceptions from nonprocedural

26  requirements of the department or any agency which were

27  expressly considered during the proceeding, including, but not

28  limited to, any site specific criteria, standards, or

29  limitations under local land use and zoning approvals which

30  affect the proposed electrical power plant or its site, unless

31  waived by the agency as provided below and which otherwise


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 1  would be applicable to the construction and operation of the

 2  proposed electrical power plant.

 3         2.  No variance, exemption, exception, or other relief

 4  shall be granted from a state statute or rule for the

 5  protection of endangered or threatened species, aquatic

 6  preserves, Outstanding National Resource Waters, or

 7  Outstanding Florida Waters or for the disposal of hazardous

 8  waste, except to the extent authorized by the applicable

 9  statute or rule or except upon a finding in the certification

10  order by the siting board that the public interests set forth

11  in s. 403.509(3) 403.502 in certifying the electrical power

12  plant at the site proposed by the applicant overrides the

13  public interest protected by the statute or rule from which

14  relief is sought. Each party shall notify the applicant and

15  other parties at least 60 days prior to the certification

16  hearing of any nonprocedural requirements not specifically

17  listed in the application from which a variance, exemption,

18  exception, or other relief is necessary in order for the board

19  to certify any electrical power plant proposed for

20  certification. Failure of such notification by an agency shall

21  be treated as a waiver from nonprocedural requirements of the

22  department or any other agency. However, no variance shall be

23  granted from standards or regulations of the department

24  applicable under any federally delegated or approved permit

25  program, except as expressly allowed in such program.

26         (3)  The certification and any order on land use and

27  zoning issued under this act shall be in lieu of any license,

28  permit, certificate, or similar document required by any

29  state, regional, or local agency pursuant to, but not limited

30  to, chapter 125, chapter 161, chapter 163, chapter 166,

31  chapter 186, chapter 253, chapter 298, chapter 370, chapter


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 1  373, chapter 376, chapter 380, chapter 381, chapter 387,

 2  chapter 403, except for permits issued pursuant to any

 3  federally delegated or approved permit program s. 403.0885 and

 4  except as provided in s. 403.509(3) and (6), chapter 404, or

 5  the Florida Transportation Code, or 33 U.S.C. s. 1341.

 6         (4)  This act shall not affect in any way the

 7  ratemaking powers of the Public Service Commission under

 8  chapter 366; nor shall this act in any way affect the right of

 9  any local government to charge appropriate fees or require

10  that construction be in compliance with applicable building

11  construction codes.

12         (5)(a)  An electrical power plant certified pursuant to

13  this act shall comply with rules adopted by the department

14  subsequent to the issuance of the certification which

15  prescribe new or stricter criteria, to the extent that the

16  rules are applicable to electrical power plants. Except when

17  express variances, exceptions, exemptions, or other relief

18  have been granted, subsequently adopted rules which prescribe

19  new or stricter criteria shall operate as automatic

20  modifications to certifications.

21         (b)  Upon written notification to the department, any

22  holder of a certification issued pursuant to this act may

23  choose to operate the certified electrical power plant in

24  compliance with any rule subsequently adopted by the

25  department which prescribes criteria more lenient than the

26  criteria required by the terms and conditions in the

27  certification which are not site-specific.

28         (c)  No term or condition of certification shall be

29  interpreted to preclude the postcertification exercise by any

30  party of whatever procedural rights it may have under chapter

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 1  120, including those related to rulemaking proceedings. This

 2  subsection shall apply to previously issued certifications.

 3         (6)  No term or condition of a site certification shall

 4  be interpreted to supersede or control the provisions of a

 5  final operation permit for a major source of air pollution

 6  issued by the department pursuant to s. 403.0872 to a such

 7  facility certified under this part.

 8         (7)  Pursuant to s. 380.23, electrical power plants are

 9  subject to the federal coastal consistency review program.

10  Issuance of certification shall constitute the state's

11  certification of coastal zone consistency.

12         Section 34.  Section 403.5112, Florida Statutes, is

13  created to read:

14         403.5112  Filing of notice of certified corridor

15  route.--

16         (1)  Within 60 days after certification of a directly

17  associated linear facility pursuant to this act, the applicant

18  shall file, in accordance with s. 28.222, with the department

19  and the clerk of the circuit court for each county through

20  which the corridor will pass, a notice of the certified route.

21         (2)  The notice shall consist of maps or aerial

22  photographs in the scale of 1:24,000 which clearly show the

23  location of the certified route and shall state that the

24  certification of the corridor will result in the acquisition

25  of rights-of-way within the corridor. Each clerk shall record

26  the filing in the official record of the county for the

27  duration of the certification or until such time as the

28  applicant certifies to the department and the clerk that all

29  lands required for the transmission line rights-of-way within

30  the corridor have been acquired within such county, whichever

31  is sooner.


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 1         Section 35.  Section 403.5113, Florida Statutes, is

 2  created to read:

 3         403.5113  Postcertification amendments.--

 4         (1)  If, subsequent to certification by the board, a

 5  licensee proposes any material change to the application and

 6  revisions or amendments thereto, as certified, the licensee

 7  shall submit a written request for amendment and a description

 8  of the proposed change to the application to the department.

 9  Within 30 days after the receipt of the request for the

10  amendment, the department shall determine whether the proposed

11  change to the application requires a modification of the

12  conditions of certification.

13         (2)  If the department concludes that the change would

14  not require a modification of the conditions of certification,

15  the department shall provide written notification of the

16  approval of the proposed amendment to the licensee, all

17  agencies, and all other parties.

18         (3)  If the department concludes that the change would

19  require a modification of the conditions of certification, the

20  department shall provide written notification to the licensee

21  that the proposed change to the application requires a request

22  for modification pursuant to s. 403.516.

23         (4)  Postcertification submittals filed by the licensee

24  with one or more agencies are for the purpose of monitoring

25  for compliance with the issued certification and must be

26  reviewed by the agencies on an expedited and priority basis

27  because each facility certified under this act is a critical

28  infrastructure facility. In no event shall a postcertification

29  review be completed in more than 90 days after complete

30  information is submitted to the reviewing agencies.

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 1         Section 36.  Section 403.5115, Florida Statutes, is

 2  amended to read:

 3         403.5115  Public notice; costs of proceeding.--

 4         (1)  The following notices are to be published by the

 5  applicant:

 6         (a)  Notice A notice of the filing of a notice of

 7  intent under s. 403.5063, which shall be published within 21

 8  days after the filing of the notice. The notice shall be

 9  published as specified by subsection (2), except that the

10  newspaper notice shall be one-fourth page in size in a

11  standard size newspaper or one-half page in size in a tabloid

12  size newspaper.

13         (b)  Notice A notice of filing of the application,

14  which shall include a description of the proceedings required

15  by this act, within 21 days after the date of the application

16  filing be published as specified in subsection (2), within 15

17  days after the application has been determined complete. Such

18  notice shall give notice of the provisions of s. 403.511(1)

19  and (2) and that the application constitutes a request for a

20  federally required new source review or prevention of

21  significant deterioration permit.

22         (c)  Notice of the land use determination made pursuant

23  to s. 403.50665(1) within 21 days after the determination is

24  filed.

25         (d)  Notice of the land use hearing, which shall be

26  published as specified in subsection (2), no later than 15 45

27  days before the hearing.

28         (e)(d)  Notice of the certification hearing and notice

29  of the deadline for filing notice of intent to be a party,

30  which shall be published as specified in subsection (2), at

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 1  least 65 days before the date set for the certification no

 2  later than 45 days before the hearing.

 3         (f)  Notice of the cancellation of the certification

 4  hearing, if applicable, no later than 3 days before the date

 5  of the originally scheduled certification hearing.

 6         (g)(e)  Notice of modification when required by the

 7  department, based on whether the requested modification of

 8  certification will significantly increase impacts to the

 9  environment or the public. Such notice shall be published as

10  specified under subsection (2):

11         1.  Within 21 days after receipt of a request for

12  modification., except that The newspaper notice shall be of a

13  size as directed by the department commensurate with the scope

14  of the modification.

15         2.  If a hearing is to be conducted in response to the

16  request for modification, then notice shall be published no

17  later than 30 days before the hearing provided as specified in

18  paragraph (d).

19         (h)(f)  Notice of a supplemental application, which

20  shall be published as specified in paragraph (b) and

21  subsection (2).follows:

22         1.  Notice of receipt of the supplemental application

23  shall be published as specified in paragraph (b).

24         2.  Notice of the certification hearing shall be

25  published as specified in paragraph (d).

26         (i)  Notice of existing site certification pursuant to

27  s. 403.5175. Notices shall be published as specified in

28  paragraph (b) and subsection (2).

29         (2)  Notices provided by the applicant shall be

30  published in newspapers of general circulation within the

31  county or counties in which the proposed electrical power


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 1  plant will be located. The newspaper notices shall be at least

 2  one-half page in size in a standard size newspaper or a full

 3  page in a tabloid size newspaper and published in a section of

 4  the newspaper other than the legal notices section. These

 5  notices shall include a map generally depicting the project

 6  and all associated facilities corridors. A newspaper of

 7  general circulation shall be the newspaper which has the

 8  largest daily circulation in that county and has its principal

 9  office in that county. If the newspaper with the largest daily

10  circulation has its principal office outside the county, the

11  notices shall appear in both the newspaper having the largest

12  circulation in that county and in a newspaper authorized to

13  publish legal notices in that county.

14         (3)  All notices published by the applicant shall be

15  paid for by the applicant and shall be in addition to the

16  application fee.

17         (4)  The department shall arrange for publication of

18  the following notices in the manner specified by chapter 120

19  and provide copies of those notices to any persons who have

20  requested to be placed on the departmental mailing list for

21  this purpose:

22         (a)  Notice Publish in the Florida Administrative

23  Weekly notices of the filing of the notice of intent within 15

24  days after receipt of the notice.;

25         (b)  Notice of the filing of the application , no later

26  than 21 days after the application filing.;

27         (c)  Notice of the land use determination made pursuant

28  to s. 403.50665(1) within 21 days after the determination is

29  filed.

30  

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 1         (d)  Notice of the land use hearing before the

 2  administrative law judge, if applicable, no later than 15 days

 3  before the hearing.;

 4         (e)  Notice of the land use hearing before the board,

 5  if applicable.

 6         (f)  Notice of the certification hearing at least 45

 7  days before the date set for the certification hearing.;

 8         (g)  Notice of the cancellation of the certification

 9  hearing, if applicable, no later than 3 days prior to the date

10  of the originally scheduled certification hearing.

11         (h)  Notice of the hearing before the board , if

12  applicable.;

13         (i)  Notice and of stipulations, proposed agency

14  action, or petitions for modification.; and

15         (b)  Provide copies of those notices to any persons who

16  have requested to be placed on the departmental mailing list

17  for this purpose.

18         (5)  The applicant shall pay those expenses and costs

19  associated with the conduct of the hearings and the recording

20  and transcription of the proceedings.

21         Section 37.  Section 403.513, Florida Statutes, is

22  amended to read:

23         403.513  Review.--Proceedings under this act shall be

24  subject to judicial review as provided in chapter 120. When

25  possible, separate appeals of the certification order issued

26  by the board and of any department permit issued pursuant to a

27  federally delegated or approved permit program may shall be

28  consolidated for purposes of judicial review.

29         Section 38.  Section 403.516, Florida Statutes, is

30  amended to read:

31         403.516  Modification of certification.--


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 1         (1)  A certification may be modified after issuance in

 2  any one of the following ways:

 3         (a)  The board may delegate to the department the

 4  authority to modify specific conditions in the certification.

 5         (b)1.  The department may modify specific conditions of

 6  a site certification which are inconsistent with the terms of

 7  any federally delegated or approved final air pollution

 8  operation permit for the certified electrical power plant

 9  issued by the United States Environmental Protection Agency

10  under the terms of 42 U.S.C. s. 7661d.

11         2.  Such modification may be made without further

12  notice if the matter has been previously noticed under the

13  requirements for any federally delegated or approved permit

14  program.

15         (c)  The licensee may file a petition for modification

16  with the department, or the department may initiate the

17  modification upon its own initiative.

18         1.  A petition for modification must set forth:

19         a.  The proposed modification.

20         b.  The factual reasons asserted for the modification.

21         c.  The anticipated environmental effects of the

22  proposed modification.

23         2.(b)  The department may modify the terms and

24  conditions of the certification if no party to the

25  certification hearing objects in writing to such modification

26  within 45 days after notice by mail to such party's last

27  address of record, and if no other person whose substantial

28  interests will be affected by the modification objects in

29  writing within 30 days after issuance of public notice.

30         3.  If objections are raised or the department denies

31  the request, the applicant or department may file a request


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 1  petition for a hearing on the modification with the

 2  department. Such request shall be handled pursuant to chapter

 3  120 paragraph (c).

 4         (c)  A petition for modification may be filed by the

 5  applicant or the department setting forth:

 6         1.  The proposed modification,

 7         2.  The factual reasons asserted for the modification,

 8  and

 9         3.  The anticipated effects of the proposed

10  modification on the applicant, the public, and the

11  environment.

12  

13  The petition for modification shall be filed with the

14  department and the Division of Administrative Hearings.

15         4.  Requests referred to the Division of Administrative

16  Hearings shall be disposed of in the same manner as an

17  application, but with time periods established by the

18  administrative law judge commensurate with the significance of

19  the modification requested.

20         (d)  As required by s. 403.511(5).

21         (2)  Petitions filed pursuant to paragraph (1)(c) shall

22  be disposed of in the same manner as an application, but with

23  time periods established by the administrative law judge

24  commensurate with the significance of the modification

25  requested.

26         (2)(3)  Any agreement or modification under this

27  section must be in accordance with the terms of this act. No

28  modification to a certification shall be granted that

29  constitutes a variance from standards or regulations of the

30  department applicable under any federally delegated or

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 1  approved permit program, except as expressly allowed in such

 2  program.

 3         Section 39.  Section 403.517, Florida Statutes, is

 4  amended to read:

 5         403.517  Supplemental applications for sites certified

 6  for ultimate site capacity.--

 7         (1)(a)  Supplemental The department shall adopt rules

 8  governing the processing of supplemental applications may be

 9  submitted for certification of the construction and operation

10  of electrical power plants to be located at sites which have

11  been previously certified for an ultimate site capacity

12  pursuant to this act. Supplemental applications shall be

13  limited to electrical power plants using the fuel type

14  previously certified for that site. Such applications shall

15  include all new directly associated facilities that support

16  the construction and operation of the electrical power plant.

17  The rules adopted pursuant to this section shall include

18  provisions for:

19         1.  Prompt appointment of a designated administrative

20  law judge.

21         2.  The contents of the supplemental application.

22         3.  Resolution of disputes as to the completeness and

23  sufficiency of supplemental applications by the designated

24  administrative law judge.

25         4.  Public notice of the filing of the supplemental

26  applications.

27         5.  Time limits for prompt processing of supplemental

28  applications.

29         6.  Final disposition by the board within 215 days of

30  the filing of a complete supplemental application.

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 1         (b)  The review shall use the same procedural steps and

 2  notices as for an initial application.

 3         (c)  The time limits for the processing of a complete

 4  supplemental application shall be designated by the department

 5  commensurate with the scope of the supplemental application,

 6  but shall not exceed any time limitation governing the review

 7  of initial applications for site certification pursuant to

 8  this act, it being the legislative intent to provide shorter

 9  time limitations for the processing of supplemental

10  applications for electrical power plants to be constructed and

11  operated at sites which have been previously certified for an

12  ultimate site capacity.

13         (d)(c)  Any time limitation in this section or in rules

14  adopted pursuant to this section may be altered pursuant to s.

15  403.5095 by the designated administrative law judge upon

16  stipulation between the department and the applicant, unless

17  objected to by any party within 5 days after notice, or for

18  good cause shown by any party. The parties to the proceeding

19  shall adhere to the provisions of chapter 120 and this act in

20  considering and processing such supplemental applications.

21         (2)  Supplemental applications shall be reviewed as

22  provided in ss. 403.507-403.511, except that the time limits

23  provided in this section shall apply to such supplemental

24  applications.

25         (3)  The land use and zoning consistency determination

26  of s. 403.50665 hearing requirements of s. 403.508(1) and (2)

27  shall not be applicable to the processing of supplemental

28  applications pursuant to this section so long as:

29         (a)  The previously certified ultimate site capacity is

30  not exceeded; and

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 1         (b)  The lands required for the construction or

 2  operation of the electrical power plant which is the subject

 3  of the supplemental application are within the boundaries of

 4  the previously certified site.

 5         (4)  For the purposes of this act, the term "ultimate

 6  site capacity" means the maximum generating capacity for a

 7  site as certified by the board.

 8         Section 40.  Section 403.5175, Florida Statutes, is

 9  amended to read:

10         403.5175  Existing electrical power plant site

11  certification.--

12         (1)  An electric utility that owns or operates an

13  existing electrical power plant as defined in s. 403.503(12)

14  may apply for certification of an existing power plant and its

15  site in order to obtain all agency licenses necessary to

16  ensure assure compliance with federal or state environmental

17  laws and regulation using the centrally coordinated, one-stop

18  licensing process established by this part. An application for

19  site certification under this section must be in the form

20  prescribed by department rule. Applications must be reviewed

21  and processed using the same procedural steps and notices as

22  for an application for a new facility in accordance with ss.

23  403.5064-403.5115, except that a determination of need by the

24  Public Service Commission is not required.

25         (2)  An application for certification under this

26  section must include:

27         (a)  A description of the site and existing power plant

28  installations;

29         (b)  A description of all proposed changes or

30  alterations to the site or electrical power plant, including

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 1  all new associated facilities that are the subject of the

 2  application;

 3         (c)  A description of the environmental and other

 4  impacts caused by the existing utilization of the site and

 5  directly associated facilities, and the operation of the

 6  electrical power plant that is the subject of the application,

 7  and of the environmental and other benefits, if any, to be

 8  realized as a result of the proposed changes or alterations if

 9  certification is approved and such other information as is

10  necessary for the reviewing agencies to evaluate the proposed

11  changes and the expected impacts;

12         (d)  The justification for the proposed changes or

13  alterations;

14         (e)  Copies of all existing permits, licenses, and

15  compliance plans authorizing utilization of the site and

16  directly associated facilities or operation of the electrical

17  power plant that is the subject of the application.

18         (3)  The land use and zoning determination hearing

19  requirements of s. 403.50665 s. 403.508(1) and (2) do not

20  apply to an application under this section if the applicant

21  does not propose to expand the boundaries of the existing

22  site. If the applicant proposes to expand the boundaries of

23  the existing site to accommodate portions of the plant or

24  associated facilities, a land use and zoning determination

25  shall be made hearing must be held as specified in s.

26  403.50665 s. 403.508(1) and (2); provided, however, that the

27  sole issue for determination through the land use hearing is

28  whether the proposed site expansion is consistent and in

29  compliance with the existing land use plans and zoning

30  ordinances.

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 1         (4)  In considering whether an application submitted

 2  under this section should be approved in whole, approved with

 3  appropriate conditions, or denied, the board shall consider

 4  whether, and to the extent to which the proposed changes to

 5  the electrical power plant and its continued operation under

 6  certification will:

 7         (a)  Comply with the provisions of s. 403.509(3).

 8  applicable nonprocedural requirements of agencies;

 9         (b)  Result in environmental or other benefits compared

10  to current utilization of the site and operations of the

11  electrical power plant if the proposed changes or alterations

12  are undertaken.;

13         (c)  Minimize, through the use of reasonable and

14  available methods, the adverse effects on human health, the

15  environment, and the ecology of the land and its wildlife and

16  the ecology of state waters and their aquatic life; and

17         (d)  Serve and protect the broad interests of the

18  public.

19         (5)  An applicant's failure to receive approval for

20  certification of an existing site or an electrical power plant

21  under this section is without prejudice to continued operation

22  of the electrical power plant or site under existing agency

23  licenses.

24         Section 41.  Section 403.518, Florida Statutes, is

25  amended to read:

26         403.518  Fees; disposition.--

27         (1)  The department shall charge the applicant the

28  following fees, as appropriate, which, unless otherwise

29  specified, shall be paid into the Florida Permit Fee Trust

30  Fund:

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 1         (1)(a)  A fee for a notice of intent pursuant to s.

 2  403.5063, in the amount of $2,500, to be submitted to the

 3  department at the time of filing of a notice of intent. The

 4  notice-of-intent fee shall be used and disbursed in the same

 5  manner as the application fee.

 6         (2)(b)  An application fee, which shall not exceed

 7  $200,000. The fee shall be fixed by rule on a sliding scale

 8  related to the size, type, ultimate site capacity, or increase

 9  in electrical generating capacity proposed by the application,

10  or the number and size of local governments in whose

11  jurisdiction the electrical power plant is located.

12         (a)1.  Sixty percent of the fee shall go to the

13  department to cover any costs associated with coordinating the

14  review reviewing and acting upon the application, to cover any

15  field services associated with monitoring construction and

16  operation of the facility, and to cover the costs of the

17  public notices published by the department.

18         (b)2.  The following percentages Twenty percent of the

19  fee or $25,000, whichever is greater, shall be transferred to

20  the Administrative Trust Fund of the Division of

21  Administrative Hearings of the Department of Management

22  Services:.

23         1.  Five percent to compensate expenses from the

24  initial exercise of duties associated with the filing of an

25  application.

26         2.  An additional 5 percent if a land use hearing is

27  held pursuant to s. 403.508.

28         3.  An additional 10 percent if a certification hearing

29  is held pursuant to s. 403.508.

30         (c)1.3.  Upon written request with proper itemized

31  accounting within 90 days after final agency action by the


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 1  board or withdrawal of the application, the agencies that

 2  prepared reports pursuant to s. 403.507 or participated in a

 3  hearing pursuant to s. 403.508 may submit a written request to

 4  the department for reimbursement of expenses incurred during

 5  the certification proceedings. The request shall contain an

 6  accounting of expenses incurred which may include time spent

 7  reviewing the application, the department shall reimburse the

 8  Department of Community Affairs, the Fish and Wildlife

 9  Conservation Commission, and any water management district

10  created pursuant to chapter 373, regional planning council,

11  and local government in the jurisdiction of which the proposed

12  electrical power plant is to be located, and any other agency

13  from which the department requests special studies pursuant to

14  s. 403.507(2)(a)7. Such reimbursement shall be authorized for

15  the preparation of any studies required of the agencies by

16  this act, and for agency travel and per diem to attend any

17  hearing held pursuant to this act, and for any agency or local

18  government's provision of notice of public meetings or

19  hearings required as a result of the application for

20  certification governments to participate in the proceedings.

21  The department shall review the request and verify that the

22  expenses are valid. Valid expenses shall be reimbursed;

23  however, in the event the amount of funds available for

24  reimbursement allocation is insufficient to provide for full

25  compensation complete reimbursement to the agencies requesting

26  reimbursement, reimbursement shall be on a prorated basis.

27         2.  If the application review is held in abeyance for

28  more than 1 year, the agencies may submit a request for

29  reimbursement.

30         (d)4.  If any sums are remaining, the department shall

31  retain them for its use in the same manner as is otherwise


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 1  authorized by this act; provided, however, that if the

 2  certification application is withdrawn, the remaining sums

 3  shall be refunded to the applicant within 90 days after

 4  withdrawal.

 5         (3)(a)(c)  A certification modification fee, which

 6  shall not exceed $30,000. The department shall establish rules

 7  for determining such a fee based on the equipment redesign,

 8  change in site size, type, increase in generating capacity

 9  proposed, or change in an associated linear facility location.

10         (b)  The fee shall be submitted to the department with

11  a formal petition for modification to the department pursuant

12  to s. 403.516. This fee shall be established, disbursed, and

13  processed in the same manner as the application fee in

14  subsection (2) paragraph (b), except that the Division of

15  Administrative Hearings shall not receive a portion of the fee

16  unless the petition for certification modification is referred

17  to the Division of Administrative Hearings for hearing. If the

18  petition is so referred, only $10,000 of the fee shall be

19  transferred to the Administrative Trust Fund of the Division

20  of Administrative Hearings of the Department of Management

21  Services. The fee for a modification by agreement filed

22  pursuant to s. 403.516(1)(b) shall be $10,000 to be paid upon

23  the filing of the request for modification. Any sums remaining

24  after payment of authorized costs shall be refunded to the

25  applicant within 90 days of issuance or denial of the

26  modification or withdrawal of the request for modification.

27         (4)(d)  A supplemental application fee, not to exceed

28  $75,000, to cover all reasonable expenses and costs of the

29  review, processing, and proceedings of a supplemental

30  application. This fee shall be established, disbursed, and

31  processed in the same manner as the certification application


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 1  fee in subsection (2) paragraph (b), except that only $20,000

 2  of the fee shall be transferred to the Administrative Trust

 3  Fund of the Division of Administrative Hearings of the

 4  Department of Management Services.

 5         (5)(e)  An existing site certification application fee,

 6  not to exceed $200,000, to cover all reasonable costs and

 7  expenses of the review processing and proceedings for

 8  certification of an existing power plant site under s.

 9  403.5175. This fee must be established, disbursed, and

10  processed in the same manner as the certification application

11  fee in subsection (2) paragraph (b).

12         (2)  Effective upon the date commercial operation

13  begins, the operator of an electrical power plant certified

14  under this part is required to pay to the department an annual

15  operation license fee as specified in s. 403.0872(11) to be

16  deposited in the Air Pollution Control Trust Fund.

17         Section 42.  Any application for electrical power plant

18  certification filed pursuant to ss. 403.501-403.518, Florida

19  Statutes, shall be processed under the provisions of the law

20  applicable at the time the application was filed, except that

21  the provisions relating to cancellation of the certification

22  hearing under s. 403.508(6), Florida Statutes, the provisions

23  relating to the final disposition of the application and

24  issuance of the written order by the secretary under s.

25  403.509(1)(a), Florida Statutes, and notice of the

26  cancellation of the certification hearing under s. 403.5115,

27  Florida Statutes, may apply to any application for electrical

28  power plant certification.

29         Section 43.  Section 403.519, Florida Statutes, is

30  amended to read:

31         403.519  Exclusive forum for determination of need.--


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 1         (1)  On request by an applicant or on its own motion,

 2  the commission shall begin a proceeding to determine the need

 3  for an electrical power plant subject to the Florida

 4  Electrical Power Plant Siting Act.

 5         (2)  The applicant commission shall publish a notice of

 6  the proceeding in a newspaper of general circulation in each

 7  county in which the proposed electrical power plant will be

 8  located. The notice shall be at least one-quarter of a page

 9  and published at least 21 45 days prior to the scheduled date

10  for the proceeding. The commission shall publish notice of the

11  proceeding in the manner specified by chapter 120 at least 21

12  days prior to the scheduled date for the proceeding.

13         (3)  The commission shall be the sole forum for the

14  determination of this matter, which accordingly shall not be

15  raised in any other forum or in the review of proceedings in

16  such other forum. In making its determination, the commission

17  shall take into account the need for electric system

18  reliability and integrity, the need for adequate electricity

19  at a reasonable cost, the need for fuel diversity and supply

20  reliability, and whether the proposed plant is the most

21  cost-effective alternative available. The commission shall

22  also expressly consider the conservation measures taken by or

23  reasonably available to the applicant or its members which

24  might mitigate the need for the proposed plant and other

25  matters within its jurisdiction which it deems relevant. The

26  commission's determination of need for an electrical power

27  plant shall create a presumption of public need and necessity

28  and shall serve as the commission's report required by s.

29  403.507(4) 403.507(2)(a)2. An order entered pursuant to this

30  section constitutes final agency action.

31  


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 1         (4)  In making its determination on a proposed

 2  electrical power plant using nuclear materials as fuel, the

 3  commission shall hold a hearing within 90 days after the

 4  filing of the petition to determine need and shall issue an

 5  order granting or denying the petition within 135 days after

 6  the date of the filing of the petition. The commission shall

 7  be the sole forum for the determination of this matter and the

 8  issues addressed in the petition, which accordingly shall not

 9  be reviewed in any other forum, or in the review of

10  proceedings in such other forum. In making its determination

11  to either grant or deny the petition, the commission shall

12  consider the need for electric system reliability and

13  integrity, including fuel diversity, the need for base-load

14  generating capacity, and the need for adequate electricity at

15  a reasonable cost.

16         (a)  The applicant's petition shall include:

17         1.  A description of the need for the generation

18  capacity.

19         2.  A description of how the proposed nuclear power

20  plant will enhance the reliability of electric power

21  production within the state by improving the balance of power

22  plant fuel diversity and reducing Florida's dependence on fuel

23  oil and natural gas.

24         3.  A description of and a nonbinding estimate of the

25  cost of the nuclear power plant.

26         4.  The annualized base revenue requirement for the

27  first 12 months of operation of the nuclear power plant.

28         5.  Information on whether there were any discussions

29  with any electric utilities regarding ownership of a portion

30  of the plant by such electric utilities.

31  


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 1         (b)  In making its determination, the commission shall

 2  take into account matters within its jurisdiction, which it

 3  deems relevant, including whether the nuclear power plant

 4  will:

 5         1.  Provide needed base-load capacity.

 6         2.  Enhance the reliability of electric power

 7  production within the state by improving the balance of power

 8  plant fuel diversity and reducing Florida's dependence on fuel

 9  oil and natural gas.

10         3.  Provide the most cost-effective source of power,

11  taking into account the need to improve the balance of fuel

12  diversity, reduce Florida's dependence on fuel oil and natural

13  gas, reduce air emission compliance costs, and contribute to

14  the long-term stability and reliability of the electric grid.

15         (c)  No provision of rule 25-22.082, Florida

16  Administrative Code, shall be applicable to a nuclear power

17  plant sited under this act, including provisions for cost

18  recovery, and an applicant shall not otherwise be required to

19  secure competitive proposals for power supply prior to making

20  application under this act or receiving a determination of

21  need from the commission.

22         (d)  The commission's determination of need for a

23  nuclear power plant shall create a presumption of public need

24  and necessity and shall serve as the commission's report

25  required by s. 403.507(4)(a). An order entered pursuant to

26  this section constitutes final agency action. Any petition for

27  reconsideration of a final order on a petition for need

28  determination shall be filed within 5 days after the date of

29  such order. The commission's final order, including any order

30  on reconsideration, shall be reviewable on appeal in the

31  Florida Supreme Court. Inasmuch as delay in the determination


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 1  of need will delay siting of a nuclear power plant or diminish

 2  the opportunity for savings to customers under the federal

 3  Energy Policy Act of 2005, the Supreme Court shall proceed to

 4  hear and determine the action as expeditiously as practicable

 5  and give the action precedence over matters not accorded

 6  similar precedence by law.

 7         (e)  After a petition for determination of need for a

 8  nuclear power plant has been granted, the right of a utility

 9  to recover any costs incurred prior to commercial operation,

10  including, but not limited to, costs associated with the

11  siting, design, licensing, or construction of the plant, shall

12  not be subject to challenge unless and only to the extent the

13  commission finds, based on a preponderance of the evidence

14  adduced at a hearing before the commission under s. 120.57,

15  that certain costs were imprudently incurred. Proceeding with

16  the construction of the nuclear power plant following an order

17  by the commission approving the need for the nuclear power

18  plant under this act shall not constitute or be evidence of

19  imprudence. Imprudence shall not include any cost increases

20  due to events beyond the utility's control. Further, a

21  utility's right to recover costs associated with a nuclear

22  power plant may not be raised in any other forum or in the

23  review of proceedings in such other forum. Costs incurred

24  prior to commercial operation shall be recovered pursuant to

25  chapter 366.

26         Section 44.  Section 366.93, Florida Statutes, is

27  created to read:

28         366.93  Cost recovery for the siting, design,

29  licensing, and construction of nuclear power plants.--

30         (1)  As used in this section, the term:

31  


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 1         (a)  "Cost" includes, but is not limited to, all

 2  capital investments, including rate of return, any applicable

 3  taxes, and all expenses, including operation and maintenance

 4  expenses, related to or resulting from the siting, licensing,

 5  design, construction, or operation of the nuclear power plant.

 6         (b)  "Electric utility" or "utility" has the same

 7  meaning as that provided in s. 366.8255(1)(a).

 8         (c)  "Nuclear power plant" or "plant" is an electrical

 9  power plant as defined in s. 403.503(12) that uses nuclear

10  materials for fuel.

11         (d)  "Preconstruction" is that period of time after a

12  site has been selected through and including the date the

13  utility completes site clearing work. Preconstruction costs

14  shall be afforded deferred accounting treatment and shall

15  accrue a carrying charge equal to the utility's allowance for

16  funds during construction (AFUDC) rate until recovered in

17  rates.

18         (2)  Within 6 months after the enactment of this act,

19  the commission shall establish, by rule, alternative cost

20  recovery mechanisms for the recovery of costs incurred in the

21  siting, design, licensing, and construction of a nuclear power

22  plant. Such mechanisms shall be designed to promote utility

23  investment in nuclear power plants and allow for the recovery

24  in rates all prudently incurred costs, and shall include, but

25  are not limited to:

26         (a)  Recovery through the capacity cost recovery clause

27  of any preconstruction costs.

28         (b)  Recovery through an incremental increase in the

29  utility's capacity cost recovery clause rates of the carrying

30  costs on the utility's projected construction cost balance

31  associated with the nuclear power plant. To encourage


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 1  investment and provide certainty, for nuclear power plant need

 2  petitions submitted on or before December 31, 2010, associated

 3  carrying costs shall be equal to the pretax AFUDC in effect

 4  upon this act becoming law. For nuclear power plants for which

 5  need petitions are submitted after December 31, 2010, the

 6  utility's existing pretax AFUDC rate is presumed to be

 7  appropriate unless determined otherwise by the commission in

 8  the determination of need for the nuclear power plant.

 9         (3)  After a petition for determination of need is

10  granted, a utility may petition the commission for cost

11  recovery as permitted by this section and commission rules.

12         (4)  When the nuclear power plant is placed in

13  commercial service, the utility shall be allowed to increase

14  its base rate charges by the projected annual revenue

15  requirements of the nuclear power plant based on the

16  jurisdictional annual revenue requirements of the plant for

17  the first 12 months of operation. The rate of return on

18  capital investments shall be calculated using the utility's

19  rate of return last approved by the commission prior to the

20  commercial inservice date of the nuclear power plant. If any

21  existing generating plant is retired as a result of operation

22  of the nuclear power plant, the commission shall allow for the

23  recovery, through an increase in base rate charges, of the net

24  book value of the retired plant over a period not to exceed 5

25  years.

26         (5)  The utility shall report to the commission

27  annually the budgeted and actual costs as compared to the

28  estimated inservice cost of the nuclear power plant provided

29  by the utility pursuant to s. 403.519(4), until the commercial

30  operation of the nuclear power plant. The utility shall

31  provide such information on an annual basis following the


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 1  final order by the commission approving the determination of

 2  need for the nuclear power plant, with the understanding that

 3  some costs may be higher than estimated and other costs may be

 4  lower.

 5         (6)  In the event the utility elects not to complete or

 6  is precluded from completing construction of the nuclear power

 7  plant, the utility shall be allowed to recover all prudent

 8  preconstruction and construction costs incurred following the

 9  commission's issuance of a final order granting a

10  determination of need for the nuclear power plant. The utility

11  shall recover such costs through the capacity cost recovery

12  clause over a period equal to the period during which the

13  costs were incurred or 5 years, whichever is greater. The

14  unrecovered balance during the recovery period will accrue

15  interest at the utility's weighted average cost of capital as

16  reported in the commission's earnings surveillance reporting

17  requirement for the prior year.

18         Section 45.  Section 403.52, Florida Statutes, is

19  amended to read:

20         403.52  Short title.--Sections 403.52-403.5365 may be

21  cited as the "Florida Electric Transmission Line Siting Act."

22         Section 46.  Section 403.521, Florida Statutes, is

23  amended to read:

24         403.521  Legislative intent.--The legislative intent of

25  this act is to establish a centralized and coordinated

26  licensing permitting process for the location of electric

27  transmission line corridors and the construction, operation,

28  and maintenance of electric transmission lines, which are

29  critical infrastructure facilities. This necessarily involves

30  several broad interests of the public addressed through the

31  subject matter jurisdiction of several agencies. The


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 1  Legislature recognizes that electric transmission lines will

 2  have an effect upon the reliability of the electric power

 3  system, the environment, land use, and the welfare of the

 4  population. Recognizing the need to ensure electric power

 5  system reliability and integrity, and in order to meet

 6  electric electrical energy needs in an orderly and timely

 7  fashion, the centralized and coordinated licensing permitting

 8  process established by this act is intended to further the

 9  legislative goal of ensuring through available and reasonable

10  methods that the location of transmission line corridors and

11  the construction, operation, and maintenance of electric

12  transmission lines produce minimal adverse effects on the

13  environment and public health, safety, and welfare while not

14  unduly conflicting with the goals established by the

15  applicable local comprehensive plan. It is the intent of this

16  act to fully balance the need for transmission lines with the

17  broad interests of the public in order to effect a reasonable

18  balance between the need for the facility as a means of

19  providing reliable, economical, and efficient electric

20  abundant low-cost electrical energy and the impact on the

21  public and the environment resulting from the location of the

22  transmission line corridor and the construction, operation,

23  and maintenance of the transmission lines. The Legislature

24  intends that the provisions of chapter 120 apply to this act

25  and to proceedings under pursuant to it except as otherwise

26  expressly exempted by other provisions of this act.

27         Section 47.  Section 403.522, Florida Statutes, is

28  amended to read:

29         403.522  Definitions relating to the Florida Electric

30  Transmission Line Siting Act.--As used in this act:

31  


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 1         (1)  "Act" means the Florida Electric Transmission Line

 2  Siting Act.

 3         (2)  "Agency," as the context requires, means an

 4  official, officer, commission, authority, council, committee,

 5  department, division, bureau, board, section, or other unit or

 6  entity of government, including a county, municipality, or

 7  other regional or local governmental entity.

 8         (3)  "Amendment" means a material change in information

 9  provided by the applicant to the application for certification

10  made after the initial application filing.

11         (4)  "Applicant" means any electric utility that which

12  applies for certification under pursuant to the provisions of

13  this act.

14         (5)  "Application" means the documents required by the

15  department to be filed to initiate and support a certification

16  review and evaluation, including the initial document filing,

17  amendments, and responses to requests from the department for

18  additional data and information proceeding. An electric

19  utility may file a comprehensive application encompassing all

20  or a part of one or more proposed transmission lines.

21         (6)  "Board" means the Governor and Cabinet sitting as

22  the siting board.

23         (7)  "Certification" means the approval by the board of

24  the license for a corridor proper for certification pursuant

25  to subsection (10) and the construction, operation, and

26  maintenance of transmission lines within the such corridor

27  with the such changes or conditions as the siting board deems

28  appropriate. Certification shall be evidenced by a written

29  order of the board.

30         (8)  "Commission" means the Florida Public Service

31  Commission.


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 1         (9)  "Completeness" means that the application has

 2  addressed all applicable sections of the prescribed

 3  application format and, but does not mean that those sections

 4  are sufficient in comprehensiveness of data or in quality of

 5  information provided to allow the department to determine

 6  whether the application provides the reviewing agencies

 7  adequate information to prepare the reports required by s.

 8  403.526.

 9         (10)  "Corridor" means the proposed area within which a

10  transmission line right-of-way, including maintenance and

11  access roads, is to be located. The width of the corridor

12  proposed for certification by an applicant or other party, at

13  the option of the applicant, may be the width of the

14  transmission line right-of-way, or a wider boundary, not to

15  exceed a width of 1 mile. The area within the corridor in

16  which a right-of-way may be located may be further restricted

17  by a condition of certification. After all property interests

18  required for the transmission line right-of-way and

19  maintenance and access roads have been acquired by the

20  applicant, the boundaries of the area certified shall narrow

21  to only that land within the boundaries of the transmission

22  line right-of-way. The corridors proper for certification

23  shall be those addressed in the application, in amendments to

24  the application filed under pursuant to s. 403.5275, and in

25  notices of acceptance of proposed alternate corridors filed by

26  an applicant and the department pursuant to s. 403.5271 for

27  which the required sufficient information for the preparation

28  of agency supplemental reports was filed.

29         (11)  "Department" means the Department of

30  Environmental Protection.

31  


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 1         (12)  "Electric utility" means cities and towns,

 2  counties, public utility districts, regulated electric

 3  companies, electric cooperatives, regional transmission

 4  organizations, operators of independent transmission systems,

 5  or other transmission organizations approved by the Federal

 6  Energy Regulatory Commission or the commission for the

 7  operation of transmission facilities, and joint operating

 8  agencies, or combinations thereof, engaged in, or authorized

 9  to engage in, the business of generating, transmitting, or

10  distributing electric energy.

11         (13)  "License" means a franchise, permit,

12  certification, registration, charter, comprehensive plan

13  amendment, development order, or permit as defined in chapters

14  163 and 380, or similar form of authorization required by law,

15  but it does not include a license required primarily for

16  revenue purposes when issuance of the license is merely a

17  ministerial act.

18         (14)  "Licensee" means an applicant that has obtained a

19  certification order for the subject project.

20         (15)(14)  "Local government" means a municipality or

21  county in the jurisdiction of which the project is proposed to

22  be located.

23         (16)  "Maintenance and access roads" mean roads

24  constructed within the transmission line right-of-way. Nothing

25  in this act prohibits an applicant from constructing a road to

26  support construction, operation, or maintenance of the

27  transmission line that lies outside the transmission line

28  right-of-way.

29         (17)(15)  "Modification" means any change in the

30  certification order after issuance, including a change in the

31  conditions of certification.


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 1         (18)(16)  "Nonprocedural requirements of agencies"

 2  means any agency's regulatory requirements established by

 3  statute, rule, ordinance, or comprehensive plan, excluding any

 4  provisions prescribing forms, fees, procedures, or time limits

 5  for the review or processing of information submitted to

 6  demonstrate compliance with such regulatory requirements.

 7         (19)(17)  "Person" means an individual, partnership,

 8  joint venture, private or public corporation, association,

 9  firm, public service company, political subdivision, municipal

10  corporation, government agency, public utility district, or

11  any other entity, public or private, however organized.

12         (20)(18)  "Preliminary statement of issues" means a

13  listing and explanation of those issues within the agency's

14  jurisdiction which are of major concern to the agency in

15  relation to the proposed electric electrical transmission line

16  corridor.

17         (21)(19)  "Regional planning council" means a regional

18  planning council as defined in s. 186.503(4) in the

19  jurisdiction of which the project is proposed to be located.

20         (20)  "Sufficiency" means that the application is not

21  only complete but that all sections are adequate in the

22  comprehensiveness of data and in the quality of information

23  provided to allow the department to determine whether the

24  application provides the reviewing agencies adequate

25  information to prepare the reports authorized by s. 403.526.

26         (22)(21)  "Transmission line" or "electric transmission

27  line" means structures, maintenance and access roads, and all

28  other facilities that need to be constructed, operated, or

29  maintained for the purpose of conveying electric power any

30  electrical transmission line extending from, but not

31  including, an existing or proposed substation or power plant


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 1  to, but not including, an existing or proposed transmission

 2  network or rights-of-way or substation to which the applicant

 3  intends to connect which defines the end of the proposed

 4  project and which is designed to operate at 230 kilovolts or

 5  more. The starting point and ending point of a transmission

 6  line must be specifically defined by the applicant and must be

 7  verified by the commission in its determination of need. A

 8  transmission line includes structures and maintenance and

 9  access roads that need to be constructed for the project to

10  become operational. The transmission line may include, at the

11  applicant's option, any proposed terminal or intermediate

12  substations or substation expansions necessary to serve the

13  transmission line.

14         (23)(22)  "Transmission line right-of-way" means land

15  necessary for the construction, operation, and maintenance of

16  a transmission line. The typical width of the right-of-way

17  shall be identified in the application. The right-of-way shall

18  be located within the certified corridor and shall be

19  identified by the applicant subsequent to certification in

20  documents filed with the department before prior to

21  construction.

22         (24)(23)  "Water management district" means a water

23  management district created pursuant to chapter 373 in the

24  jurisdiction of which the project is proposed to be located.

25         Section 48.  Section 403.523, Florida Statutes, is

26  amended to read:

27         403.523  Department of Environmental Protection; powers

28  and duties.--The department has shall have the following

29  powers and duties:

30         (1)  To adopt procedural rules pursuant to ss.

31  120.536(1) and 120.54 to administer implement the provisions


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 1  of this act and to adopt or amend rules to implement the

 2  provisions of subsection (10).

 3         (2)  To prescribe the form and content of the public

 4  notices and the form, content, and necessary supporting

 5  documentation, and any required studies, for certification

 6  applications. All such data and studies shall be related to

 7  the jurisdiction of the agencies relevant to the application.

 8         (3)  To receive applications for transmission line and

 9  corridor certifications and initially determine the

10  completeness and sufficiency thereof.

11         (4)  To make or contract for studies of certification

12  applications. All such studies shall be related to the

13  jurisdiction of the agencies relevant to the application. For

14  studies in areas outside the jurisdiction of the department

15  and in the jurisdiction of another agency, the department may

16  initiate such studies, but only with the consent of the such

17  agency.

18         (5)  To administer the processing of applications for

19  certification and ensure that the applications, including

20  postcertification reviews, are processed on an expeditious and

21  priority basis as expeditiously as possible.

22         (6)  To collect and process require such fees as

23  allowed by this act.

24         (7)  To prepare a report and project written analysis

25  as required by s. 403.526.

26         (8)  To prescribe the means for monitoring the effects

27  arising from the location of the transmission line corridor

28  and the construction, operation, and maintenance of the

29  transmission lines to assure continued compliance with the

30  terms of the certification.

31  


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 1         (9)  To make a determination of acceptability of any

 2  alternate corridor proposed for consideration under pursuant

 3  to s. 403.5271.

 4         (10)  To set requirements that reasonably protect the

 5  public health and welfare from the electric and magnetic

 6  fields of transmission lines for which an application is filed

 7  under after the effective date of this act.

 8         (11)  To present rebuttal evidence on any issue

 9  properly raised at the certification hearing.

10         (12)  To issue final orders after receipt of the

11  administrative law judge's order relinquishing jurisdiction

12  pursuant to s. 403.527(6).

13         (13)  To act as clerk for the siting board.

14         (14)  To administer and manage the terms and conditions

15  of the certification order and supporting documents and

16  records for the life of the facility.

17         (15)  To issue emergency orders on behalf of the board

18  for facilities licensed under this act.

19         Section 49.  Section 403.524, Florida Statutes, is

20  amended to read:

21         403.524  Applicability; and certification;

22  exemptions.--

23         (1)  The provisions of This act applies apply to each

24  transmission line, except a transmission line certified under

25  pursuant to the Florida Electrical Power Plant Siting Act.

26         (2)  Except as provided in subsection (1), no

27  construction of a any transmission line may not be undertaken

28  without first obtaining certification under this act, but the

29  provisions of this act does do not apply to:

30         (a)  Transmission lines for which development approval

31  has been obtained under pursuant to chapter 380.


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 1         (b)  Transmission lines that which have been exempted

 2  by a binding letter of interpretation issued under s.

 3  380.06(4), or in which the Department of Community Affairs or

 4  its predecessor agency has determined the utility to have

 5  vested development rights within the meaning of s. 380.05(18)

 6  or s. 380.06(20).

 7         (c)  Transmission line development in which all

 8  construction is limited to established rights-of-way.

 9  Established rights-of-way include such rights-of-way

10  established at any time for roads, highways, railroads, gas,

11  water, oil, electricity, or sewage and any other public

12  purpose rights-of-way. If an established transmission line

13  right-of-way is used to qualify for this exemption, the

14  transmission line right-of-way must have been established at

15  least 5 years before notice of the start of construction under

16  subsection (4) of the proposed transmission line. If an

17  established transmission line right-of-way is relocated to

18  accommodate a public project, the date the original

19  transmission line right-of-way was established applies to the

20  relocated transmission line right-of-way for purposes of this

21  exemption. Except for transmission line rights-of-way,

22  established rights-of-way include rights-of-way created before

23  or after October 1, 1983. For transmission line rights-of-way,

24  established rights-of-way include rights-of-way created before

25  October 1, 1983.

26         (d)  Unless the applicant has applied for certification

27  under this act, transmission lines that which are less than 15

28  miles in length or are located in a single which do not cross

29  a county within the state line, unless the applicant has

30  elected to apply for certification under the act.

31  


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 1         (3)  The exemption of a transmission line under this

 2  act does not constitute an exemption for the transmission line

 3  from other applicable permitting processes under other

 4  provisions of law or local government ordinances.

 5         (4)  An electric A utility shall notify the department

 6  in writing, before prior to the start of construction, of its

 7  intent to construct a transmission line exempted under

 8  pursuant to this section. The Such notice is shall be only for

 9  information purposes, and no action by the department is not

10  shall be required pursuant to the such notice. This notice may

11  be included in any submittal filed with the department before

12  the start of construction demonstrating that a new

13  transmission line complies with the applicable electric and

14  magnetic field standards.

15         Section 50.  Section 403.525, Florida Statutes, is

16  amended to read:

17         403.525  Appointment of Administrative law judge;

18  appointment; powers and duties.--

19         (1)(a)  Within 7 days after receipt of an application,

20  whether complete or not, the department shall request the

21  Division of Administrative Hearings to designate an

22  administrative law judge to conduct the hearings required by

23  this act.

24         (b)  The division director shall designate an

25  administrative law judge to conduct the hearings required by

26  this act within 7 days after receipt of the request from the

27  department. Whenever practicable, the division director shall

28  assign an administrative law judge who has had prior

29  experience or training in this type of certification

30  proceeding.

31  


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 1         (c)  Upon being advised that an administrative law

 2  judge has been designated, the department shall immediately

 3  file a copy of the application and all supporting documents

 4  with the administrative law judge, who shall docket the

 5  application.

 6         (2)  The administrative law judge has all powers and

 7  duties granted to administrative law judges under chapter 120

 8  and by the laws and rules of the department.

 9         Section 51.  Section 403.5251, Florida Statutes, is

10  amended to read:

11         403.5251  Distribution of Application; schedules.--

12         (1)(a)  The formal date of the filing of the

13  application for certification and commencement of the review

14  process for certification is the date on which the applicant

15  submits:

16         1.  Copies of the application for certification in a

17  quantity and format, electronic or otherwise as prescribed by

18  rule, to the department and other agencies identified in s.

19  403.526(2).

20         2.  The application fee as specified under s. 403.5365

21  to the department.

22  

23  The department shall provide to the applicant and the Division

24  of Administrative Hearings the names and addresses of any

25  additional agencies or persons entitled to notice and copies

26  of the application and amendments, if any, within 7 days after

27  receiving the application for certification and the

28  application fees.

29         (b)  In the application, the starting point and ending

30  point of a transmission line must be specifically defined by

31  the applicant. Within 7 days after the filing of an


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 1  application, the department shall provide the applicant and

 2  the Division of Administrative Hearings the names and

 3  addresses of those affected or other agencies entitled to

 4  notice and copies of the application and any amendments.

 5         (2)  Within 15 7 days after the formal date of the

 6  application filing completeness has been determined, the

 7  department shall prepare a proposed schedule of dates for

 8  determination of completeness, submission of statements of

 9  issues, determination of sufficiency, and submittal of final

10  reports, from affected and other agencies and other

11  significant dates to be followed during the certification

12  process, including dates for filing notices of appearances to

13  be a party under s. 403.527(2) pursuant to s. 403.527(4). This

14  schedule shall be provided by the department to the applicant,

15  the administrative law judge, and the agencies identified

16  under pursuant to subsection (1). Within 7 days after the

17  filing of this proposed schedule, the administrative law judge

18  shall issue an order establishing a schedule for the matters

19  addressed in the department's proposed schedule and other

20  appropriate matters, if any.

21         (3)  Within 7 days after completeness has been

22  determined, the applicant shall distribute copies of the

23  application to all agencies identified by the department

24  pursuant to subsection (1). Copies of changes and amendments

25  to the application shall be timely distributed by the

26  applicant to all agencies and parties who have received a copy

27  of the application.

28         (4)  Notice of the filing of the application shall be

29  made in accordance with the requirements of s. 403.5363.

30         Section 52.  Section 403.5252, Florida Statutes, is

31  amended to read:


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 1         403.5252  Determination of completeness.--

 2         (1)(a)  Within 30 days after distribution of an

 3  application, the affected agencies shall file a statement with

 4  the department containing the recommendations of each agency

 5  concerning the completeness of the application for

 6  certification.

 7         (b)  Within 7 15 days after receipt of the completeness

 8  statements of each agency an application, the department shall

 9  file a statement with the Division of Administrative Hearings,

10  and with the applicant, and with all parties declaring its

11  position with regard to the completeness, not the sufficiency,

12  of the application. The statement of the department shall be

13  based upon its consultation with the affected agencies.

14         (2)(1)  If the department declares the application to

15  be incomplete, the applicant, within 14 15 days after the

16  filing of the statement by the department, shall file with the

17  Division of Administrative Hearings, with all parties, and

18  with the department a statement:

19         (a)  A withdrawal of Agreeing with the statement of the

20  department and withdrawing the application;

21         (b)  Additional information necessary to make the

22  application complete. After the department first determines

23  the application to be incomplete, the time schedules under

24  this act are not tolled if the applicant makes the application

25  complete within the 14-day period. A subsequent finding by the

26  department that the application remains incomplete tolls the

27  time schedules under this act until the application is

28  determined complete; Agreeing with the statement of the

29  department and agreeing to amend the application without

30  withdrawing it. The time schedules referencing a complete

31  


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 1  application under this act shall not commence until the

 2  application is determined complete; or

 3         (c)  A statement contesting the department's

 4  determination of incompleteness; or statement of the

 5  department.

 6         (d)  A statement agreeing with the department and

 7  requesting additional time to provide the information

 8  necessary to make the application complete. If the applicant

 9  exercises this option, the time schedules under this act are

10  tolled until the application is determined complete.

11         (3)(a)(2)  If the applicant contests the determination

12  by the department that an application is incomplete, the

13  administrative law judge shall schedule a hearing on the

14  statement of completeness. The hearing shall be held as

15  expeditiously as possible, but not later than 21 30 days after

16  the filing of the statement by the department. The

17  administrative law judge shall render a decision within 7 10

18  days after the hearing.

19         (b)  Parties to a hearing on the issue of completeness

20  shall include the applicant, the department, and any agency

21  that has jurisdiction over the matter in dispute. Any

22  substantially affected person who wishes to become a party to

23  the hearing on the issue of completeness must file a motion no

24  later than 10 days before the date of the hearing.

25         (c)(a)  If the administrative law judge determines that

26  the application was not complete as filed, the applicant shall

27  withdraw the application or make such additional submittals as

28  necessary to complete it. The time schedules referencing a

29  complete application under this act do shall not commence

30  until the application is determined complete.

31  


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 1         (d)(b)  If the administrative law judge determines that

 2  the application was complete at the time it was declared

 3  incomplete filed, the time schedules referencing a complete

 4  application under this act shall commence upon such

 5  determination.

 6         (4)  If the applicant provides additional information

 7  to address the issues identified in the determination of

 8  incompleteness, each affected agency may submit to the

 9  department, no later than 14 days after the applicant files

10  the additional information, a recommendation on whether the

11  agency believes the application is complete. Within 21 days

12  after receipt of the additional information from the applicant

13  submitted under paragraphs (2)(b), (2)(d), or (3)(c) and

14  considering the recommendations of the affected agencies, the

15  department shall determine whether the additional information

16  supplied by an applicant makes the application complete. If

17  the department finds that the application is still incomplete,

18  the applicant may exercise any of the options specified in

19  subsection (2) as often as is necessary to resolve the

20  dispute.

21         Section 53.  Section 403.526, Florida Statutes, is

22  amended to read:

23         403.526  Preliminary statements of issues, reports, and

24  project analyses; and studies.--

25         (1)  Each affected agency that is required to file a

26  report which received an application in accordance with this

27  section s. 403.5251(3) shall submit a preliminary statement of

28  issues to the department and all parties the applicant no

29  later than 50 60 days after the filing distribution of the

30  complete application. Such statements of issues shall be made

31  available to each local government for use as information for


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 1  public meetings held under pursuant to s. 403.5272. The

 2  failure to raise an issue in this preliminary statement of

 3  issues does shall not preclude the issue from being raised in

 4  the agency's report.

 5         (2)(a)  The following affected agencies shall prepare

 6  reports as provided below and shall submit them to the

 7  department and the applicant no later than within 90 days

 8  after the filing distribution of the complete application:

 9         1.  The department shall prepare a report as to the

10  impact of each proposed transmission line or corridor as it

11  relates to matters within its jurisdiction.

12         2.  Each water management district in the jurisdiction

13  of which a proposed transmission line or corridor is to be

14  located shall prepare a report as to the impact on water

15  resources and other matters within its jurisdiction.

16         3.  The Department of Community Affairs shall prepare a

17  report containing recommendations which address the impact

18  upon the public of the proposed transmission line or corridor,

19  based on the degree to which the proposed transmission line or

20  corridor is consistent with the applicable portions of the

21  state comprehensive plan, emergency management, and other

22  matters within its jurisdiction. The Department of Community

23  Affairs may also comment on the consistency of the proposed

24  transmission line or corridor with applicable strategic

25  regional policy plans or local comprehensive plans and land

26  development regulations.

27         4.  The Fish and Wildlife Conservation Commission shall

28  prepare a report as to the impact of each proposed

29  transmission line or corridor on fish and wildlife resources

30  and other matters within its jurisdiction.

31  


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 1         5.  Each local government shall prepare a report as to

 2  the impact of each proposed transmission line or corridor on

 3  matters within its jurisdiction, including the consistency of

 4  the proposed transmission line or corridor with all applicable

 5  local ordinances, regulations, standards, or criteria that

 6  apply to the proposed transmission line or corridor, including

 7  local comprehensive plans, zoning regulations, land

 8  development regulations, and any applicable local

 9  environmental regulations adopted pursuant to s. 403.182 or by

10  other means. A No change by the responsible local government

11  or local agency in local comprehensive plans, zoning

12  ordinances, or other regulations made after the date required

13  for the filing of the local government's report required by

14  this section is not shall be applicable to the certification

15  of the proposed transmission line or corridor unless the

16  certification is denied or the application is withdrawn.

17         6.  Each regional planning council shall present a

18  report containing recommendations that address the impact upon

19  the public of the proposed transmission line or corridor based

20  on the degree to which the transmission line or corridor is

21  consistent with the applicable provisions of the strategic

22  regional policy plan adopted under pursuant to chapter 186 and

23  other impacts of each proposed transmission line or corridor

24  on matters within its jurisdiction.

25         7.  The Department of Transportation shall prepare a

26  report as to the impact of the proposed transmission line or

27  corridor on state roads, railroads, airports, aeronautics,

28  seaports, and other matters within its jurisdiction.

29         8.  The commission shall prepare a report containing

30  its determination under s. 403.537 and the report may include

31  


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 1  the comments from the commission with respect to any other

 2  subject within its jurisdiction.

 3         9.  Any other agency, if requested by the department,

 4  shall also perform studies or prepare reports as to subjects

 5  within the jurisdiction of the agency which may potentially be

 6  affected by the proposed transmission line.

 7         (b)  Each report must shall contain:

 8         1.  A notice of any nonprocedural requirements not

 9  specifically listed in the application from which a variance,

10  exemption, exception, or other relief is necessary in order

11  for the proposed corridor to be certified. Failure to include

12  the notice shall be treated as a waiver from the nonprocedural

13  requirements of that agency.

14         2.  A recommendation for approval or denial of the

15  application.

16         3.  The information on variances required by s.

17  403.531(2) and proposed conditions of certification on matters

18  within the jurisdiction of each agency. For each condition

19  proposed by an agency, the agency shall list the specific

20  statute, rule, or ordinance, as applicable, which authorizes

21  the proposed condition.

22         (c)  Each reviewing agency shall initiate the

23  activities required by this section no later than 15 days

24  after the complete application is filed distributed. Each

25  agency shall keep the applicant and the department informed as

26  to the progress of its studies and any issues raised thereby.

27         (d)  When an agency whose agency head is a collegial

28  body, such as a commission, board, or council, is required to

29  submit a report pursuant to this section and is required by

30  its own internal procedures to have the report reviewed by its

31  agency head prior to finalization, the agency may submit to


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 1  the Department a draft version of the report by the deadline

 2  indicated in subsection (a), and shall submit a final version

 3  of the report after review by the agency head, and no later

 4  than 15 days after the deadline indicated in subsection (a).

 5         (e)  Receipt of an affirmative determination of need

 6  from the commission by the submittal deadline for agency

 7  reports under paragraph (a) is a condition precedent to

 8  further processing of the application.

 9         (3)  The department shall prepare a project written

10  analysis containing which contains a compilation of agency

11  reports and summaries of the material contained therein which

12  shall be filed with the administrative law judge and served on

13  all parties no later than 115 135 days after the application

14  is filed complete application has been distributed to the

15  affected agencies, and which shall include:

16         (a)  A statement indicating whether the proposed

17  electric transmission line will be in compliance with the

18  rules of the department and affected agencies.

19         (b)(a)  The studies and reports required by this

20  section and s. 403.537.

21         (c)(b)  Comments received from any other agency or

22  person.

23         (d)(c)  The recommendation of the department as to the

24  disposition of the application, of variances, exemptions,

25  exceptions, or other relief identified by any party, and of

26  any proposed conditions of certification which the department

27  believes should be imposed.

28         (4)  The failure of any agency to submit a preliminary

29  statement of issues or a report, or to submit its preliminary

30  statement of issues or report within the allowed time, is

31  shall not be grounds for the alteration of any time limitation


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 1  in this act under pursuant to s. 403.528. Neither The failure

 2  to submit a preliminary statement of issues or a report, or

 3  nor the inadequacy of the preliminary statement of issues or

 4  report, are not shall be grounds to deny or condition

 5  certification.

 6         Section 54.  Section 403.527, Florida Statutes, is

 7  amended to read:

 8         (Substantial rewording of section. See

 9         s. 403.527, F.S., for present text.)

10         403.527  Certification hearing, parties,

11  participants.--

12         (1)(a)  No later than 145 days after the application is

13  filed, the administrative law judge shall conduct a

14  certification hearing pursuant to ss. 120.569 and 120.57 at a

15  central location in proximity to the proposed transmission

16  line or corridor.

17         (b)  Notice of the certification hearing and other

18  public hearings provided for in this section and notice of the

19  deadline for filing of notice of intent to be a party shall be

20  made in accordance with the requirements of s. 403.5363.

21         (2)(a)  Parties to the proceeding shall be:

22         1.  The applicant.

23         2.  The department.

24         3.  The commission.

25         4.  The Department of Community Affairs.

26         5.  The Fish and Wildlife Conservation Commission.

27         6.  The Department of Transportation.

28         7.  Each water management district in the jurisdiction

29  of which the proposed transmission line or corridor is to be

30  located.

31         8.  The local government.


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 1         9.  The regional planning council.

 2         (b)  Any party listed in paragraph (a), other than the

 3  department or the applicant, may waive its right to

 4  participate in these proceedings. If any listed party fails to

 5  file a notice of its intent to be a party on or before the

 6  30th day before the certification hearing, the party is deemed

 7  to have waived its right to be a party unless its

 8  participation would not prejudice the rights of any party to

 9  the proceeding.

10         (c)  Notwithstanding the provisions of chapter 120 to

11  the contrary, upon the filing with the administrative law

12  judge of a notice of intent to be a party by an agency,

13  corporation, or association described in subparagraphs 1. and

14  2. or a petition for intervention by a person described in

15  subparagraph 3. no later than 30 days before the date set for

16  the certification hearing, the following shall also be parties

17  to the proceeding:

18         1.  Any agency not listed in paragraph (a) as to

19  matters within its jurisdiction.

20         2.  Any domestic nonprofit corporation or association

21  formed, in whole or in part, to promote conservation of

22  natural beauty; to protect the environment, personal health,

23  or other biological values; to preserve historical sites; to

24  promote consumer interests; to represent labor, commercial, or

25  industrial groups; or to promote comprehensive planning or

26  orderly development of the area in which the proposed

27  transmission line or corridor is to be located.

28         3.  Any person whose substantial interests are affected

29  and being determined by the proceeding.

30  

31  


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 1         (d)  Any agency whose properties or works may be

 2  affected shall be made a party upon the request of the agency

 3  or any party to this proceeding.

 4         (3)(a)  The order of presentation at the certification

 5  hearing, unless otherwise changed by the administrative law

 6  judge to ensure the orderly presentation of witnesses and

 7  evidence, shall be:

 8         1.  The applicant.

 9         2.  The department.

10         3.  State agencies.

11         4.  Regional agencies, including regional planning

12  councils and water management districts.

13         5.  Local governments.

14         6.  Other parties.

15         (b)  When appropriate, any person may be given an

16  opportunity to present oral or written communications to the

17  administrative law judge. If the administrative law judge

18  proposes to consider such communications, all parties shall be

19  given an opportunity to cross-examine, challenge, or rebut the

20  communications.

21         (4)  One public hearing where members of the public who

22  are not parties to the certification hearing may testify shall

23  be held within the boundaries of each county, at the option of

24  any local government.

25         (a)  A local government shall notify the administrative

26  law judge and all parties not later than 21 days after the

27  application has been determined complete as to whether the

28  local government wishes to have a public hearing. If a filing

29  for an alternate corridor is accepted for consideration under

30  s. 403.5271(1) by the department and the applicant, any newly

31  affected local government must notify the administrative law


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 1  judge and all parties not later than 10 days after the data

 2  concerning the alternate corridor has been determined complete

 3  as to whether the local government wishes to have such a

 4  public hearing. The local government is responsible for

 5  providing the location of the public hearing if held

 6  separately from the certification hearing.

 7         (b)  Within 5 days after notification, the

 8  administrative law judge shall determine the date of the

 9  public hearing, which shall be held before or during the

10  certification hearing. If two or more local governments within

11  one county request a public hearing, the hearing shall be

12  consolidated so that only one public hearing is held in any

13  county. The location of a consolidated hearing shall be

14  determined by the administrative law judge.

15         (c)  If a local government does not request a public

16  hearing within 21 days after the application has been

17  determined complete, persons residing within the jurisdiction

18  of the local government may testify during that portion of the

19  certification hearing at which public testimony is heard.

20         (5)  At the conclusion of the certification hearing,

21  the administrative law judge shall, after consideration of all

22  evidence of record, issue a recommended order disposing of the

23  application no later than 45 days after the transcript of the

24  certification hearing and the public hearings is filed with

25  the Division of Administrative Hearings.

26         (6)(a)  No later than 25 days before the certification

27  hearing, the department or the applicant may request that the

28  administrative law judge cancel the certification hearing and

29  relinquish jurisdiction to the department if all parties to

30  the proceeding stipulate that there are no disputed issues of

31  material fact to be raised at the certification hearing.


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 1         (b)  The administrative law judge shall issue an order

 2  granting or denying the request within 5 days.

 3         (c)  If the administrative law judge grants the

 4  request, the department and the applicant shall publish

 5  notices of the cancellation of the certification hearing in

 6  accordance with s. 403.5363.

 7         (d)1.  If the administrative law judge grants the

 8  request, the department shall prepare and issue a final order

 9  in accordance with s. 403.529(1)(a).

10         2.  Parties may submit proposed final orders to the

11  department no later than 10 days after the administrative law

12  judge issues an order relinquishing jurisdiction.

13         (7)  The applicant shall pay those expenses and costs

14  associated with the conduct of the hearing and the recording

15  and transcription of the proceedings.

16         Section 55.  Section 403.5271, Florida Statutes, is

17  amended to read:

18         403.5271  Alternate corridors.--

19         (1)  No later than 45 50 days before prior to the

20  originally scheduled certification hearing, any party may

21  propose alternate transmission line corridor routes for

22  consideration under pursuant to the provisions of this act.

23         (a)  A notice of a any such proposed alternate corridor

24  must shall be filed with the administrative law judge, all

25  parties, and any local governments in whose jurisdiction the

26  alternate corridor is proposed. The Such filing must shall

27  include the most recent United States Geological Survey

28  1:24,000 quadrangle maps specifically delineating the corridor

29  boundaries, a description of the proposed corridor, and a

30  statement of the reasons the proposed alternate corridor

31  should be certified.


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 1         (b)1.  Within 7 days after receipt of the such notice,

 2  the applicant and the department shall file with the

 3  administrative law judge and all parties a notice of

 4  acceptance or rejection of a proposed alternate corridor for

 5  consideration. If the alternate corridor is rejected either by

 6  the applicant or the department, the certification hearing and

 7  the public hearings shall be held as scheduled. If both the

 8  applicant and the department accept a proposed alternate

 9  corridor for consideration, the certification hearing and the

10  public hearings shall be rescheduled, if necessary.

11         2.  If rescheduled, the certification hearing shall be

12  held no more than 90 days after the previously scheduled

13  certification hearing, unless the data submitted under

14  paragraph (d) is determined to be incomplete, in which case

15  the rescheduled certification hearing shall be held no more

16  than 105 days after the previously scheduled certification

17  hearing. If additional time is needed due to the alternate

18  corridor crossing a local government jurisdiction that was not

19  previously affected, in which case the remainder of the

20  schedule listed below shall be appropriately adjusted by the

21  administrative law judge to allow that local government to

22  prepare a report pursuant to s. 403.526(2)(a)5.

23         (c)  Notice of the filing of the alternate corridor, of

24  the revised time schedules, of the deadline for newly affected

25  persons and agencies to file notice of intent to become a

26  party, of the rescheduled hearing date, and of the proceedings

27  pursuant to s. 403.527(1)(b) and (c) shall be published in

28  accordance with s. 403.5363.

29         (d)  Within 21 25 days after acceptance of an alternate

30  corridor by the department and the applicant, the party

31  proposing an alternate corridor shall have the burden of


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 1  providing all additional data to the agencies listed in s.

 2  403.526(2) and newly affected agencies s. 403.526 necessary

 3  for the preparation of a supplementary report on the proposed

 4  alternate corridor.

 5         (e)1.  Reviewing agencies shall advise the department

 6  of any issues concerning completeness no later than 15 days

 7  after the submittal of the data required by paragraph (d).

 8  Within 22 days after receipt of the data, the department shall

 9  issue a determination of completeness.

10         2.  If the department determines that the data required

11  by paragraph (d) is not complete, the party proposing the

12  alternate corridor must file such additional data to correct

13  the incompleteness. This additional data must be submitted

14  within 14 days after the determination by the department.

15         3.  If the department, within 14 days after receiving

16  the additional data, determines that the data remains

17  incomplete, the incompleteness of the data is deemed a

18  withdrawal of the proposed alternate corridor. The department

19  may make its determination based on recommendations made by

20  other affected agencies. If the department determines within

21  15 days that this additional data is insufficient, the party

22  proposing the alternate corridor shall file such additional

23  data that corrects the insufficiency within 15 days after the

24  filing of the department's determination. If such additional

25  data is determined insufficient, such insufficiency of data

26  shall be deemed a withdrawal of the proposed alternate

27  corridor. The party proposing an alternate corridor shall have

28  the burden of proof on the certifiability of the alternate

29  corridor at the certification hearing pursuant to s.

30  403.529(4). Nothing in this act shall be construed as

31  requiring the applicant or agencies not proposing the


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 1  alternate corridor to submit data in support of such alternate

 2  corridor.

 3         (f)  The agencies listed in s. 403.526(2) and any newly

 4  affected agencies s. 403.526 shall file supplementary reports

 5  with the applicant and the department which address addressing

 6  the proposed alternate corridors no later than 24 60 days

 7  after the additional data is submitted pursuant to paragraph

 8  (d) or paragraph (e) is determined to be complete.

 9         (g)  The agency reports on alternate corridors must

10  include all information required by s. 403.526(2) agencies

11  shall submit supplementary notice pursuant to s. 403.531(2) at

12  the time of filing of their supplemental report.

13         (h)  When an agency whose agency head is a collegial

14  body, such as a commission, board, or council, is required to

15  submit a report pursuant to this section and is required by

16  its own internal procedures to have the report reviewed by its

17  agency head prior to finalization, the agency may submit to

18  the Department a draft version of the report by the deadline

19  indicated in subsection (f), and shall submit a final version

20  of the report after review by the agency head, and no later

21  than 7 days after the deadline indicated in subsection (f).

22         (i)(h)  The department shall file with the

23  administrative law judge, the applicant, and all parties a

24  project prepare a written analysis consistent with s.

25  403.526(3) no more than 16 at least 29 days after submittal of

26  agency reports on prior to the rescheduled certification

27  hearing addressing the proposed alternate corridor.

28         (2)  If the original certification hearing date is

29  rescheduled, the rescheduling shall not provide the

30  opportunity for parties to file additional alternate corridors

31  to the applicant's proposed corridor or any accepted alternate


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 1  corridor. However, an amendment to the application which

 2  changes the alignment of the applicant's proposed corridor

 3  shall require rescheduling of the certification hearing, if

 4  necessary, so as to allow time for a party to file alternate

 5  corridors to the realigned proposed corridor for which the

 6  application has been amended. Any such alternate corridor

 7  proposal shall have the same starting and ending points as the

 8  realigned portion of the corridor proposed by the applicant's

 9  amendment, provided that the administrative law judge for good

10  cause shown may authorize another starting or ending point in

11  the area of the applicant's amended corridor.

12         (3)(a)  Notwithstanding the rejection of a proposed

13  alternate corridor by the applicant or the department, any

14  party may present evidence at the certification hearing to

15  show that a corridor proper for certification does not satisfy

16  the criteria listed in s. 403.529 or that a rejected alternate

17  corridor would meet the criteria set forth in s. 403.529. No

18  Evidence may not shall be admitted at the certification

19  hearing on any alternate corridor, unless the alternate

20  corridor was proposed by the filing of a notice at least 45 50

21  days before prior to the originally scheduled certification

22  hearing pursuant to this section. Rejected alternate corridors

23  shall be considered by the board as provided in s. 403.529(4)

24  and (5).

25         (b)  The party proposing an alternate corridor has the

26  burden to prove that the alternate corridor can be certified

27  at the certification hearing. This act does not require an

28  applicant or agency that is not proposing the alternate

29  corridor to submit data in support of the alternate corridor.

30         (4)  If an alternate corridor is accepted by the

31  applicant and the department pursuant to a notice of


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 1  acceptance as provided in this subsection and the such

 2  corridor is ultimately determined to be the corridor that

 3  would meet the criteria set forth in s. 403.529(4) and (5),

 4  the board shall certify that corridor.

 5         Section 56.  Section 403.5272, Florida Statutes, is

 6  amended to read:

 7         403.5272  Local governments; Informational public

 8  meetings.--

 9         (1)  A local government whose jurisdiction is to be

10  crossed by a proposed corridor governments may hold one

11  informational public meeting meetings in addition to the

12  hearings specifically authorized by this act on any matter

13  associated with the transmission line proceeding. The Such

14  informational public meeting may be conducted by the local

15  government or the regional planning council and shall meetings

16  should be held no later than 55 80 days after the application

17  is filed. The purpose of an informational public meeting is

18  for the local government or regional planning council to

19  further inform the general public about the transmission line

20  proposed, obtain comments from the public, and formulate its

21  recommendation with respect to the proposed transmission line.

22         (2)  Informational public meetings shall be held solely

23  at the option of each local government or regional planning

24  council. It is the legislative intent that local governments

25  or regional planning councils attempt to hold such public

26  meetings. Parties to the proceedings under this act shall be

27  encouraged to attend; however, a no party other than the

28  applicant and the department is not shall be required to

29  attend the such informational public meetings hearings.

30         (3)  A local government or regional planning council

31  that intends to conduct an informational public meeting must


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 1  provide notice of the meeting, with notice sent to all parties

 2  listed in s. 403.527(2)(a), not less than 5 days before the

 3  meeting.

 4         (4)(3)  The failure to hold an informational public

 5  meeting or the procedure used for the informational public

 6  meeting are shall not be grounds for the alteration of any

 7  time limitation in this act under pursuant to s. 403.528 or

 8  grounds to deny or condition certification.

 9         Section 57.  Section 403.5275, Florida Statutes, is

10  amended to read:

11         403.5275  Amendment to the application.--

12         (1)  Any amendment made to the application before

13  certification shall be sent by the applicant to the

14  administrative law judge and to all parties to the proceeding.

15         (2)  Any amendment to the application made before prior

16  to certification shall be disposed of as part of the original

17  certification proceeding. Amendment of the application may be

18  considered "good cause" for alteration of time limits pursuant

19  to s. 403.528.

20         Section 58.  Section 403.528, Florida Statutes, is

21  amended to read:

22         403.528  Alteration of time limits.--

23         (1)  Any time limitation in this act may be altered by

24  the administrative law judge upon stipulation between the

25  department and the applicant unless objected to by any party

26  within 5 days after notice or for good cause shown by any

27  party.

28         (2)  A comprehensive application encompassing more than

29  one proposed transmission line may be good cause for

30  alternation of time limits.

31  


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 1         Section 59.  Section 403.529, Florida Statutes, is

 2  amended to read:

 3         403.529  Final disposition of application.--

 4         (1)(a)  If the administrative law judge has granted a

 5  request to cancel the certification hearing and has

 6  relinquished jurisdiction to the department under s.

 7  403.527(6), within 40 days thereafter, the secretary of the

 8  department shall act upon the application by written order in

 9  accordance with the terms of this act and state the reasons

10  for issuance or denial.

11         (b)  If the administrative law judge does not grant a

12  request to cancel the certification hearing under the

13  provisions of s. 403.527(6) within 60 30 days after receipt of

14  the administrative law judge's recommended order, the board

15  shall act upon the application by written order, approving in

16  whole, approving with such conditions as the board deems

17  appropriate, or denying the certification and stating the

18  reasons for issuance or denial.

19         (2)  The issues that may be raised in any hearing

20  before the board shall be limited to matters raised in the

21  certification proceeding before the administrative law judge

22  or raised in the recommended order of the administrative law

23  judge. All parties, or their representatives, or persons who

24  appear before the board shall be subject to the provisions of

25  s. 120.66.

26         (3)  If certification is denied, the board, or

27  secretary if applicable, shall set forth in writing the action

28  the applicant would have to take to secure the approval of the

29  application by the board.

30         (4)  In determining whether an application should be

31  approved in whole, approved with modifications or conditions,


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 1  or denied, the board, or secretary when applicable, shall

 2  consider whether, and the extent to which, the location of the

 3  transmission line corridor and the construction, operation,

 4  and maintenance of the transmission line will:

 5         (a)  Ensure electric power system reliability and

 6  integrity;

 7         (b)  Meet the electrical energy needs of the state in

 8  an orderly, economical, and timely fashion;

 9         (c)  Comply with applicable nonprocedural requirements

10  of agencies;

11         (d)  Be consistent with applicable provisions of local

12  government comprehensive plans, if any; and

13         (e)  Effect a reasonable balance between the need for

14  the transmission line as a means of providing reliable,

15  economically efficient electric energy, as determined by the

16  commission, under s. 403.537, abundant low-cost electrical

17  energy and the impact upon the public and the environment

18  resulting from the location of the transmission line corridor

19  and the construction, operation, and maintenance of the

20  transmission lines.

21         (5)(a)  Any transmission line corridor certified by the

22  board, or secretary if applicable, shall meet the criteria of

23  this section. When more than one transmission line corridor is

24  proper for certification under pursuant to s. 403.522(10) and

25  meets the criteria of this section, the board, or secretary if

26  applicable, shall certify the transmission line corridor that

27  has the least adverse impact regarding the criteria in

28  subsection (4), including costs.

29         (b)  If the board, or secretary if applicable, finds

30  that an alternate corridor rejected pursuant to s. 403.5271

31  meets the criteria of subsection (4) and has the least adverse


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 1  impact regarding the criteria in subsection (4), including

 2  cost, of all corridors that meet the criteria of subsection

 3  (4), then the board, or secretary if applicable, shall deny

 4  certification or shall allow the applicant to submit an

 5  amended application to include the such corridor.

 6         (c)  If the board, or secretary if applicable, finds

 7  that two or more of the corridors that comply with  the

 8  provisions of subsection (4) have the least adverse impacts

 9  regarding the criteria in subsection (4), including costs, and

10  that the such corridors are substantially equal in adverse

11  impacts regarding the criteria in subsection (4), including

12  costs, then the board, or secretary if applicable, shall

13  certify the corridor preferred by the applicant if the

14  corridor is one proper for certification under pursuant to s.

15  403.522(10).

16         (6)  The issuance or denial of the certification is by

17  the board shall be the final administrative action required as

18  to that application.

19         Section 60.  Section 403.531, Florida Statutes, is

20  amended to read:

21         403.531  Effect of certification.--

22         (1)  Subject to the conditions set forth therein,

23  certification shall constitute the sole license of the state

24  and any agency as to the approval of the location of

25  transmission line corridors and the construction, operation,

26  and maintenance of transmission lines. The certification is

27  shall be valid for the life of the transmission line, if

28  provided that construction on, or condemnation or acquisition

29  of, the right-of-way is commenced within 5 years after of the

30  date of certification or such later date as may be authorized

31  by the board.


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 1         (2)(a)  The certification authorizes shall authorize

 2  the licensee applicant to locate the transmission line

 3  corridor and to construct and maintain the transmission lines

 4  subject only to the conditions of certification set forth in

 5  the such certification.

 6         (b)  The certification may include conditions that

 7  which constitute variances and exemptions from nonprocedural

 8  standards or rules regulations of the department or any other

 9  agency, which were expressly considered during the

10  certification review proceeding unless waived by the agency as

11  provided in s. 403.526 below and which otherwise would be

12  applicable to the location of the proposed transmission line

13  corridor or the construction, operation, and maintenance of

14  the transmission lines. Each party shall notify the applicant

15  and other parties at the time scheduled for the filing of the

16  agency reports of any nonprocedural requirements not

17  specifically listed in the application from which a variance,

18  exemption, exception, or other relief is necessary in order

19  for the board to certify any corridor proposed for

20  certification. Failure of such notification shall be treated

21  as a waiver from the nonprocedural requirements of that

22  agency.

23         (3)(a)  The certification shall be in lieu of any

24  license, permit, certificate, or similar document required by

25  any state, regional, or local agency under pursuant to, but

26  not limited to, chapter 125, chapter 161, chapter 163, chapter

27  166, chapter 186, chapter 253, chapter 258, chapter 298,

28  chapter 370, chapter 372, chapter 373, chapter 376, chapter

29  380, chapter 381, chapter 387, chapter 403, chapter 404, the

30  Florida Transportation Code, or 33 U.S.C. s. 1341.

31  


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 1         (b)  On certification, any license, easement, or other

 2  interest in state lands, except those the title of which is

 3  vested in the Board of Trustees of the Internal Improvement

 4  Trust Fund, shall be issued by the appropriate agency as a

 5  ministerial act. The applicant shall be required to seek any

 6  necessary interest in state lands the title to which is vested

 7  in the Board of Trustees of the Internal Improvement Trust

 8  Fund from the board of trustees before, during, or after the

 9  certification proceeding, and certification may be made

10  contingent upon issuance of the appropriate interest in

11  realty. However, neither the applicant and nor any party to

12  the certification proceeding may not directly or indirectly

13  raise or relitigate any matter that which was or could have

14  been an issue in the certification proceeding in any

15  proceeding before the Board of Trustees of the Internal

16  Improvement Trust Fund wherein the applicant is seeking a

17  necessary interest in state lands, but the information

18  presented in the certification proceeding shall be available

19  for review by the board of trustees and its staff.

20         (4)  This act does shall not in any way affect the

21  ratemaking powers of the commission under chapter 366. This

22  act does shall also not in any way affect the right of any

23  local government to charge appropriate fees or require that

24  construction be in compliance with the National Electrical

25  Safety Code, as prescribed by the commission.

26         (5)  A No term or condition of certification may not

27  shall be interpreted to preclude the postcertification

28  exercise by any party of whatever procedural rights it may

29  have under chapter 120, including those related to rulemaking

30  proceedings.

31  


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 1         Section 61.  Section 403.5312, Florida Statutes, is

 2  amended to read:

 3         403.5312  Filing Recording of notice of certified

 4  corridor route.--

 5         (1)  Within 60 days after certification of a directly

 6  associated transmission line under pursuant to ss.

 7  403.501-403.518 or a transmission line corridor under pursuant

 8  to ss. 403.52-403.5365, the applicant shall file with the

 9  department and, in accordance with s. 28.222, with the clerk

10  of the circuit court for each county through which the

11  corridor will pass, a notice of the certified route.

12         (2)  The notice must shall consist of maps or aerial

13  photographs in the scale of 1:24,000 which clearly show the

14  location of the certified route and must shall state that the

15  certification of the corridor will result in the acquisition

16  of rights-of-way within the corridor. Each clerk shall record

17  the filing in the official record of the county for the

18  duration of the certification or until such time as the

19  applicant certifies to the department and the clerk that all

20  lands required for the transmission line rights-of-way within

21  the corridor have been acquired within the such county,

22  whichever is sooner.

23         (3)  The recording of this notice does shall not

24  constitute a lien, cloud, or encumbrance on real property.

25         Section 62.  Section 403.5315, Florida Statutes, is

26  amended to read:

27         403.5315  Modification of certification.--A

28  certification may be modified after issuance in any one of the

29  following ways:

30         (1)  The board may delegate to the department the

31  authority to modify specific conditions in the certification.


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 1         (2)  The licensee may file a petition for modification

 2  with the department or the department may initiate the

 3  modification upon its own initiative.

 4         (a)  A petition for modification must set forth:

 5         1.  The proposed modification;

 6         2.  The factual reasons asserted for the modification;

 7  and

 8         3.  The anticipated additional environmental effects of

 9  the proposed modification.

10         (b)(2)  The department may modify the terms and

11  conditions of the certification if no party objects in writing

12  to the such modification within 45 days after notice by mail

13  to the last address of record in the certification proceeding,

14  and if no other person whose substantial interests will be

15  affected by the modification objects in writing within 30 days

16  after issuance of public notice.

17         (c)  If objections are raised or the department denies

18  the proposed modification, the licensee may file a request for

19  hearing on the modification with the department. Such a

20  request shall be handled pursuant to chapter 120.

21         (d)  A request for hearing referred to the Division of

22  Administrative Hearings shall be disposed of in the same

23  manner as an application but with time periods established by

24  the administrative law judge commensurate with the

25  significance of the modification requested. If objections are

26  raised, the applicant may file a petition for modification

27  pursuant to subsection (3).

28         (3)  The applicant or the department may file a

29  petition for modification with the department and the Division

30  of Administrative Hearings setting forth:

31         (a)  The proposed modification;


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 1         (b)  The factual reasons asserted for the modification;

 2  and

 3         (c)  The anticipated additional environmental effects

 4  of the proposed modification.

 5         (4)  Petitions filed pursuant to subsection (3) shall

 6  be disposed of in the same manner as an application but with

 7  time periods established by the administrative law judge

 8  commensurate with the significance of the modification

 9  requested.

10         Section 63.  Section 403.5317, Florida Statutes, is

11  created to read:

12         403.5317  Postcertification activities.--

13         (1)(a)  If, subsequent to certification, a licensee

14  proposes any material change to the application or prior

15  amendments, the licensee shall submit to the department a

16  written request for amendment and description of the proposed

17  change to the application. The department shall, within 30

18  days after the receipt of the request for the amendment,

19  determine whether the proposed change to the application

20  requires a modification of the conditions of certification.

21         (b)  If the department concludes that the change would

22  not require a modification of the conditions of certification,

23  the department shall notify, in writing, the licensee, all

24  agencies, and all parties of the approval of the amendment.

25         (c)  If the department concludes that the change would

26  require a modification of the conditions of certification, the

27  department shall notify the licensee that the proposed change

28  to the application requires a request for modification under

29  s. 403.5315.

30         (2)  Postcertification submittals filed by a licensee

31  with one or more agencies are for the purpose of monitoring


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 1  for compliance with the issued certification. Each submittal

 2  must be reviewed by each agency on an expedited and priority

 3  basis because each facility certified under this act is a

 4  critical infrastructure facility. Postcertification review may

 5  not be completed more than 90 days after complete information

 6  for a segment of the certified transmission line is submitted

 7  to the reviewing agencies.

 8         Section 64.  Section 403.5363, Florida Statutes, is

 9  created to read:

10         403.5363  Public notices; requirements.--

11         (1)(a)  The applicant shall arrange for the publication

12  of the notices specified in paragraph (b).

13         1.  The notices shall be published in newspapers of

14  general circulation within counties crossed by the

15  transmission line corridors proper for certification. The

16  required newspaper notices for filing of an application and

17  for the certification hearing shall be one-half page in size

18  in a standard-size newspaper or a full page in a tabloid-size

19  newspaper and published in a section of the newspaper other

20  than the section for legal notices. These two notices must

21  include a map generally depicting all transmission corridors

22  proper for certification. A newspaper of general circulation

23  shall be the newspaper within a county crossed by a

24  transmission line corridor proper for certification which

25  newspaper has the largest daily circulation in that county and

26  has its principal office in that county. If the newspaper

27  having the largest daily circulation has its principal office

28  outside the county, the notices must appear in both the

29  newspaper having the largest circulation in that county and in

30  a newspaper authorized to publish legal notices in that

31  county.


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 1         2.  The department shall adopt rules specifying the

 2  content of the newspaper notices.

 3         3.  All notices published by the applicant shall be

 4  paid for by the applicant and shall be in addition to the

 5  application fee.

 6         (b)  Public notices that must be published under this

 7  section include:

 8         1.  The notice of the filing of an application, which

 9  must include a description of the proceedings required by this

10  act. The notice must describe the provisions of s. 403.531(1)

11  and (2) and give the date by which notice of intent to be a

12  party or a petition to intervene in accordance with s.

13  403.527(2) must be filed. This notice must be published no

14  more than 21 days after the application is filed.

15         2.  The notice of the certification hearing and any

16  other public hearing permitted under s. 403.527. The notice

17  must include the date by which a person wishing to appear as a

18  party must file the notice to do so. The notice of the

19  certification hearing must be published at least 65 days

20  before the date set for the certification hearing.

21         3.  The notice of the cancellation of the certification

22  hearing, if applicable. The notice must be published at least

23  3 days before the date of the originally scheduled

24  certification hearing.

25         4.  The notice of the filing of a proposal to modify

26  the certification submitted under s. 403.5315, if the

27  department determines that the modification would require

28  relocation or expansion of the transmission line right-of-way

29  or a certified substation.

30         (2)  The proponent of an alternate corridor shall

31  arrange for the publication of the filing of the proposal for


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 1  an alternate corridor, the revised time schedules, the date by

 2  which newly affected persons or agencies may file the notice

 3  of intent to become a party, and the date of the rescheduled

 4  hearing. A notice listed in this subsection must be published

 5  in a newspaper of general circulation within the county or

 6  counties crossed by the proposed alternate corridor and comply

 7  with the content requirements set forth in paragraph (1)(a).

 8  The notice must be published not less than 50 days before the

 9  rescheduled certification hearing.

10         (3)  The department shall arrange for the publication

11  of the following notices in the manner specified by chapter

12  120:

13         (a)  The notice of the filing of an application and the

14  date by which a person intending to become a party must file a

15  petition to intervene or a notice of intent to be a party. The

16  notice must be published no later than 21 days after the

17  application has been filed.

18         (b)  The notice of any administrative hearing for

19  certification, if applicable. The notice must be published not

20  less than 65 days before the date set for a hearing, except

21  that notice for a rescheduled certification hearing after

22  acceptance of an alternative corridor must be published not

23  less than 50 days before the date set for the hearing.

24         (c)  The notice of the cancellation of a certification

25  hearing, if applicable. The notice must be published not later

26  than 7 days before the date of the originally scheduled

27  certification hearing.

28         (d)  The notice of the hearing before the siting board,

29  if applicable.

30         (e)  The notice of stipulations, proposed agency

31  action, or a petition for modification.


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 1         Section 65.  Section 403.5365, Florida Statutes, is

 2  amended to read:

 3         403.5365  Fees; disposition.--The department shall

 4  charge the applicant the following fees, as appropriate,

 5  which, unless otherwise specified, shall be paid into the

 6  Florida Permit Fee Trust Fund:

 7         (1)  An application fee.

 8         (a)  The application fee shall be of $100,000, plus

 9  $750 per mile for each mile of corridor in which the

10  transmission line right-of-way is proposed to be located

11  within an existing electric electrical transmission line

12  right-of-way or within any existing right-of-way for any road,

13  highway, railroad, or other aboveground linear facility, or

14  $1,000 per mile for each mile of electric transmission line

15  corridor proposed to be located outside the such existing

16  right-of-way.

17         (b)(a)  Sixty percent of the fee shall go to the

18  department to cover any costs associated with coordinating the

19  review of reviewing and acting upon the application and any

20  costs for field services associated with monitoring

21  construction and operation of the electric transmission line

22  facility.

23         (c)(b)  The following percentage Twenty percent of the

24  fees specified under this section, except postcertification

25  fees, shall be transferred to the Administrative Trust Fund of

26  the Division of Administrative Hearings of the Department of

27  Management Services:.

28         1.  Five percent to compensate for expenses from the

29  initial exercise of duties associated with the filing of an

30  application.

31  


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 1         2.  An additional 10 percent if an administrative

 2  hearing under s. 403.527 is held.

 3         (d)1.(c)  Upon written request with proper itemized

 4  accounting within 90 days after final agency action by the

 5  siting board or the department or the withdrawal of the

 6  application, the agencies that prepared reports under s.

 7  403.526 or s. 403.5271 or participated in a hearing under s.

 8  403.527 or s. 403.5271 may submit a written request to the

 9  department for reimbursement of expenses incurred during the

10  certification proceedings. The request must contain an

11  accounting of expenses incurred, which may include time spent

12  reviewing the application, department shall reimburse the

13  expenses and costs of the Department of Community Affairs, the

14  Fish and Wildlife Conservation Commission, the water

15  management district, regional planning council, and local

16  government in the jurisdiction of which the transmission line

17  is to be located. Such reimbursement shall be authorized for

18  the preparation of any studies required of the agencies by

19  this act, and for agency travel and per diem to attend any

20  hearing held under pursuant to this act, and for the local

21  government or regional planning council providing additional

22  notice of the informational public meeting. The department

23  shall review the request and verify whether a claimed expense

24  is valid. Valid expenses shall be reimbursed; however, if to

25  participate in the proceedings. In the event the amount of

26  funds available for reimbursement allocation is insufficient

27  to provide for full compensation complete reimbursement to the

28  agencies, reimbursement shall be on a prorated basis.

29         2.  If the application review is held in abeyance for

30  more than 1 year, the agencies may submit a request for

31  reimbursement under subparagraph 1.


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 1         (e)(d)  If any sums are remaining, the department shall

 2  retain them for its use in the same manner as is otherwise

 3  authorized by this section; provided, however, that if the

 4  certification application is withdrawn, the remaining sums

 5  shall be refunded to the applicant within 90 days after

 6  withdrawal.

 7         (2)  An amendment fee.

 8         (a)  If no corridor alignment change is proposed by the

 9  amendment, no amendment fee shall be charged.

10         (b)  If a corridor alignment change under s. 403.5275

11  is proposed by the applicant, an additional fee of a minimum

12  of $2,000 and $750 per mile shall be submitted to the

13  department for use in accordance with this act.

14         (c)  If an amendment is required to address issues,

15  including alternate corridors under pursuant to s. 403.5271,

16  raised by the department or other parties, no fee for the such

17  amendment shall be charged.

18         (3)  A certification modification fee.

19         (a)  If no corridor alignment change is proposed by the

20  licensee applicant, the modification fee shall be $4,000.

21         (b)  If a corridor alignment change is proposed by the

22  licensee applicant, the fee shall be $1,000 for each mile of

23  realignment plus an amount not to exceed $10,000 to be fixed

24  by rule on a sliding scale based on the load-carrying

25  capability and configuration of the transmission line for use

26  in accordance with subsection (1) (2).

27         Section 66.  Subsection (1) of section 403.537, Florida

28  Statutes, is amended to read:

29         403.537  Determination of need for transmission line;

30  powers and duties.--

31  


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 1         (1)(a)  Upon request by an applicant or upon its own

 2  motion, the Florida Public Service Commission shall schedule a

 3  public hearing, after notice, to determine the need for a

 4  transmission line regulated by the Florida Electric

 5  Transmission Line Siting Act, ss. 403.52-403.5365. The Such

 6  notice shall be published at least 21 45 days before the date

 7  set for the hearing and shall be published by the applicant in

 8  at least one-quarter page size notice in newspapers of general

 9  circulation, and by the commission in the manner specified in

10  chapter 120 in the Florida Administrative Weekly, by giving

11  notice to counties and regional planning councils in whose

12  jurisdiction the transmission line could be placed, and by

13  giving notice to any persons who have requested to be placed

14  on the mailing list of the commission for this purpose. Within

15  21 days after receipt of a request for determination by an

16  applicant, the commission shall set a date for the hearing.

17  The hearing shall be held pursuant to s. 350.01 within 45 days

18  after the filing of the request, and a decision shall be

19  rendered within 60 days after such filing.

20         (b)  The commission shall be the sole forum in which to

21  determine the need for a transmission line. The need for a

22  transmission line may not be raised or be the subject of

23  review in another proceeding.

24         (c)(b)  In the determination of need, the commission

25  shall take into account the need for electric system

26  reliability and integrity, the need for abundant, low-cost

27  electrical energy to assure the economic well-being of the

28  residents citizens of this state, the appropriate starting and

29  ending point of the line, and other matters within its

30  jurisdiction deemed relevant to the determination of need. The

31  appropriate starting and ending points of the electric


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 1  transmission line must be verified by the commission in its

 2  determination of need.

 3         (d)(c)  The determination by the commission of the need

 4  for the transmission line, as defined in s. 403.522(22) s.

 5  403.522(21), is binding on all parties to any certification

 6  proceeding under pursuant to the Florida Electric Transmission

 7  Line Siting Act and is a condition precedent to the conduct of

 8  the certification hearing prescribed therein. An order entered

 9  pursuant to this section constitutes final agency action.

10         Section 67.  Subsection (3) of section 373.441, Florida

11  Statutes, is amended to read:

12         373.441  Role of counties, municipalities, and local

13  pollution control programs in permit processing.--

14         (3)  The department shall review environmental resource

15  permit applications for electrical distribution and

16  transmission lines and other facilities related to the

17  production, transmission, and distribution of electricity

18  which are not certified under ss. 403.52-403.5365, the Florida

19  Electric Transmission Line Siting Act, regulated under this

20  part.

21         Section 68.  Subsection (30) of section 403.061,

22  Florida Statutes, is amended to read:

23         403.061  Department; powers and duties.--The department

24  shall have the power and the duty to control and prohibit

25  pollution of air and water in accordance with the law and

26  rules adopted and promulgated by it and, for this purpose, to:

27         (30)  Establish requirements by rule that reasonably

28  protect the public health and welfare from electric and

29  magnetic fields associated with existing 230 kV or greater

30  electrical transmission lines, new 230 kV and greater

31  electrical transmission lines for which an application for


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 1  certification under the Florida Electric Transmission Line

 2  Siting Act, ss. 403.52-403.5365, is not filed, new or existing

 3  electrical transmission or distribution lines with voltage

 4  less than 230 kV, and substation facilities. Notwithstanding

 5  any other provision in this chapter or any other law of this

 6  state or political subdivision thereof, the department shall

 7  have exclusive jurisdiction in the regulation of electric and

 8  magnetic fields associated with all electrical transmission

 9  and distribution lines and substation facilities. However,

10  nothing herein shall be construed as superseding or repealing

11  the provisions of s. 403.523(1) and (10).

12  

13  The department shall implement such programs in conjunction

14  with its other powers and duties and shall place special

15  emphasis on reducing and eliminating contamination that

16  presents a threat to humans, animals or plants, or to the

17  environment.

18         Section 69.  Paragraph (a) of subsection (3) of section

19  403.0876, Florida Statutes, is amended to read:

20         403.0876  Permits; processing.--

21         (3)(a)  The department shall establish a special unit

22  for permit coordination and processing to provide expeditious

23  processing of department permits which the district offices

24  are unable to process expeditiously and to provide accelerated

25  processing of certain permits or renewals for economic and

26  operating stability. The ability of the department to process

27  applications under pursuant to this subsection in a more

28  timely manner than allowed by subsections (1) and (2) is

29  dependent upon the timely exchange of information between the

30  applicant and the department and the intervention of outside

31  parties as allowed by law. An applicant may request the


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 1  processing of its permit application by the special unit if

 2  the application is from an area of high unemployment or low

 3  per capita income, is from a business or industry that is the

 4  primary employer within an area's labor market, or is in an

 5  industry with respect to which the complexities involved in

 6  the review of the application require special skills uniquely

 7  available in the headquarters office. The department may

 8  require the applicant to waive the 90-day time limitation for

 9  department issuance or denial of the permit once for a period

10  not to exceed 90 days. The department may require a special

11  fee to cover the direct cost of processing special

12  applications in addition to normal permit fees and costs. The

13  special fee may not exceed $10,000 per permit required.

14  Applications for renewal permits, but not applications for

15  initial permits, required for facilities pursuant to the

16  Electrical Power Plant Siting Act or the Florida Electric

17  Transmission Line Siting Act may be processed under this

18  subsection. Personnel staffing the special unit shall have

19  lengthy experience in permit processing.

20         Section 70.  Paragraph (b) of subsection (3) of section

21  403.809, Florida Statutes, is amended to read:

22         403.809  Environmental districts; establishment;

23  managers; functions.--

24         (3)

25         (b)  The processing of all applications for permits,

26  licenses, certificates, and exemptions shall be accomplished

27  at the district center or the branch office, except for those

28  applications specifically assigned elsewhere in the department

29  under s. 403.805 or to the water management districts under s.

30  403.812 and those applications assigned by interagency

31  agreement as provided in this act. However, the secretary, as


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 1  head of the department, may not delegate to district or

 2  subdistrict managers, water management districts, or any unit

 3  of local government the authority to act on the following

 4  types of permit applications:

 5         1.  Permits issued under s. 403.0885, except such

 6  permit issuance may be delegated to district managers.

 7         2.  Construction of major air pollution sources.

 8         3.  Certifications under the Florida Electrical Power

 9  Plant Siting Act or the Florida Electric Transmission Line

10  Siting Act and the associated permit issued under s. 403.0885,

11  if applicable.

12         4.  Permits issued under s. 403.0885 to steam electric

13  generating facilities regulated pursuant to 40 C.F.R. part

14  423.

15         5.  Permits issued under s. 378.901.

16         Section 71.  Sections 403.5253 and 403.5369, Florida

17  Statutes, are repealed.

18         Section 72.  By November 1, 2006, the Department of

19  Environmental Protection shall provide to the Governor, the

20  President of the Senate, and the Speaker of the House of

21  Representatives a report detailing the state's leadership by

22  example in energy conservation and energy efficiency. The

23  report must include a description of state programs designed

24  to achieve energy conservation and energy efficiency at

25  state-owned facilities, such as the guaranteed energy

26  performance savings contracting pursuant to s. 489.145,

27  Florida Statutes, and the inclusion of alternative fuel

28  vehicles in state fleets. The report must describe the costs

29  of implementation, details of the programs, and current and

30  projected energy and cost savings. The report must also set

31  


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 1  forth recommendations on a rebate program for purchases of

 2  energy-efficient appliances.

 3         Section 73.  Section 403.885, Florida Statutes, is

 4  amended to read:

 5         403.885  Water Projects Stormwater management;

 6  wastewater management; and Water Restoration Grant Program.--

 7         (1)  The Department of Environmental Protection shall

 8  administer a grant program to use funds transferred pursuant

 9  to s. 212.20 to the Ecosystem Management and Restoration Trust

10  Fund or other moneys as appropriated by the Legislature for

11  water quality improvement, stormwater management, wastewater

12  management, and water restoration and other water projects as

13  specifically appropriated by the Legislature project grants.

14  Eligible recipients of such grants include counties,

15  municipalities, water management districts, and special

16  districts that have legal responsibilities for water quality

17  improvement, water management, stormwater management,

18  wastewater management, lake and river water restoration

19  projects, and . drinking water projects are not eligible for

20  funding pursuant to this section.

21         (2)  The grant program shall provide for the evaluation

22  of annual grant proposals. The department shall evaluate such

23  proposals to determine if they:

24         (a)  Protect public health or and the environment.

25         (b)  Implement plans developed pursuant to the Surface

26  Water Improvement and Management Act created in part IV of

27  chapter 373, other water restoration plans required by law,

28  management plans prepared pursuant to s. 403.067, or other

29  plans adopted by local government for water quality

30  improvement and water restoration.

31  


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 1         (3)  In addition to meeting the criteria in subsection

 2  (2), annual grant proposals must also meet the following

 3  requirements:

 4         (a)  An application for a stormwater management project

 5  may be funded only if the application is approved by the water

 6  management district with jurisdiction in the project area.

 7  District approval must be based on a determination that the

 8  project provides a benefit to a priority water body.

 9         (b)  Except as provided in paragraph (c), an

10  application for a wastewater management project may be funded

11  only if:

12         1.  The project has been funded previously through a

13  line item in the General Appropriations Act; and

14         2.  The project is under construction.

15         (c)  An application for a wastewater management project

16  that would qualify as a water pollution control project and

17  activity in s. 403.1838 may be funded only if the project

18  sponsor has submitted an application to the department for

19  funding pursuant to that section.

20         (4)  All project applicants must provide local matching

21  funds as follows:

22         (a)  An applicant for state funding of a stormwater

23  management project shall provide local matching funds equal to

24  at least 50 percent of the total cost of the project; and

25         (b)  An applicant for state funding of a wastewater

26  management project shall provide matching funds equal to at

27  least 25 percent of the total cost of the project.

28  

29  The requirement for matching funds may be waived if the

30  applicant is a financially disadvantaged small local

31  government as defined in subsection (5).


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 1         (5)  Each fiscal year, at least 20 percent of the funds

 2  available pursuant to this section shall be used for projects

 3  to assist financially disadvantaged small local governments.

 4  For purposes of this section, the term "financially

 5  disadvantaged small local government" means a municipality

 6  having a population of 7,500 or less, a county having a

 7  population of 35,000 or less, according to the latest

 8  decennial census and a per capita annual income less than the

 9  state per capita annual income as determined by the United

10  States Department of Commerce, or a county in an area

11  designated by the Governor as a rural area of critical

12  economic concern pursuant to s. 288.0656. Grants made to these

13  eligible local governments shall not require matching local

14  funds.

15         (6)  Each year, stormwater management and wastewater

16  management projects submitted for funding through the

17  legislative process shall be submitted to the department by

18  the appropriate fiscal committees of the House of

19  Representatives and the Senate. The department shall review

20  the projects and must provide each fiscal committee with a

21  list of projects that appear to meet the eligibility

22  requirements under this grant program.

23         Section 74.  For the 2006-2007 fiscal year, the sum of

24  $61,379 is appropriated from the General Revenue Fund to the

25  Department of Revenue for the purpose of administering the

26  energy-efficient products sales tax holiday.

27         Section 75.  For the 2006-2007 fiscal year, the sum of

28  $8,587,000 in nonrecurring funds is appropriated from the

29  General Revenue Fund and $6,413,000 in nonrecurring funds is

30  appropriated from the Grants and Donations Trust Fund in the

31  Department of Environmental Protection for the purpose of


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 1  funding the Renewable Energy Technologies Grants program

 2  authorized in s. 377.804, Florida Statutes. From the General

 3  Revenue Funds, $5,000,000 are contingent upon the coordination

 4  between the Department of Environmental Protection and the

 5  Department of Agriculture and Consumer Services pursuant to s.

 6  377.804(6), Florida Statutes.

 7         Section 76.  For the 2006-2007 fiscal year, the sum of

 8  $2.5 million in nonrecurring funds is appropriated from the

 9  General Revenue Fund to the Department of Environmental

10  Protection for the purpose of funding commercial and consumer

11  solar incentives authorized in s. 377.806, Florida Statutes.

12         Section 77.  Except as otherwise expressly provided in

13  this act, this act shall take effect upon becoming a law.

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