Bill Text: FL S1008 | 2021 | Regular Session | Introduced


Bill Title: Solar Electrical Generating Facilities

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-04-30 - Died in Regulated Industries [S1008 Detail]

Download: Florida-2021-S1008-Introduced.html
       Florida Senate - 2021                                    SB 1008
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-01119-21                                            20211008__
    1                        A bill to be entitled                      
    2         An act relating to solar electrical generating
    3         facilities; creating s. 163.3205, F.S.; providing
    4         legislative intent; defining the term “solar
    5         facility”; providing that solar facilities are a
    6         permitted use in local government comprehensive plan
    7         agricultural land use categories and certain
    8         agricultural zoning districts; requiring solar
    9         facilities to comply with specified criteria;
   10         authorizing counties to adopt certain ordinances;
   11         specifying requirements for such ordinances; amending
   12         s. 403.503, F.S.; redefining the term “electrical
   13         power plant”; amending s. 403.506, F.S.; increasing
   14         the capacity threshold of solar electrical generating
   15         facilities exempt from certification under the Florida
   16         Electrical Power Plant Siting Act; reenacting ss.
   17         366.93(1)(c) and (d), 380.23(3)(c), 403.031(20), and
   18         403.5175(1), F.S., relating to the definition of the
   19         term “integrated gasification combined cycle power
   20         plant” or “plant,” federal consistency in permits and
   21         licenses required for the sitting and construction of
   22         new electrical power plants, the definition of the
   23         term “electrical power plant,” and existing electrical
   24         power plant site certifications, respectively, to
   25         incorporate the amendment made to s. 403.503, F.S., in
   26         references thereto; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 163.3205, Florida Statutes, is created
   31  to read:
   32         163.3205Solar facility approval process.—
   33         (1)It is the intent of the Legislature to encourage
   34  renewable solar electrical generation throughout the state. It
   35  is essential that solar facilities and associated electric
   36  infrastructure be constructed and maintained in various
   37  locations throughout the state in order to ensure renewable
   38  energy production which is critical to the state’s energy and
   39  economic future.
   40         (2)As used in this section, the term “solar facility”
   41  means a production facility for electric power that:
   42         (a)Uses photovoltaic modules to convert solar energy to
   43  electricity which is delivered to a transmission system and
   44  consumed primarily offsite.
   45         (b)Consists principally of photovoltaic modules, a
   46  mounting or racking system, power inverters, transformers,
   47  collection systems, and associated components.
   48         (c)May also include accessory administration or
   49  maintenance buildings, electric transmission lines, substations,
   50  energy storage equipment, and related accessory uses and
   51  structures.
   52         (3)A solar facility shall be a permitted use in all
   53  agricultural land use categories in a local government
   54  comprehensive plan and all agricultural zoning districts within
   55  an unincorporated area, and must comply with the setback and
   56  landscaped buffer area criteria for other similar uses in the
   57  agricultural district.
   58         (4)A county may adopt an ordinance specifying buffer and
   59  landscaping requirements for solar facilities. Such requirements
   60  may not exceed the requirements for similar uses involving the
   61  construction of other facilities that are permitted uses in
   62  agricultural land use categories and zoning districts.
   63         Section 2. Subsection (14) of section 403.503, Florida
   64  Statutes, is amended to read:
   65         403.503 Definitions relating to Florida Electrical Power
   66  Plant Siting Act.—As used in this act:
   67         (14) “Electrical power plant” means, for the purpose of
   68  certification, any steam or solar electrical generating facility
   69  using any process or fuel, including nuclear materials, except
   70  that this term does not include any steam or solar electrical
   71  generating facility of less than 75 megawatts in capacity or
   72  solar electrical generating facility of less than 150 megawatts
   73  in capacity unless the applicant for such a facility elects to
   74  apply for certification under this act. This term also includes
   75  the site; all associated facilities that will be owned by the
   76  applicant that are physically connected to the site; all
   77  associated facilities that are indirectly connected to the site
   78  by other proposed associated facilities that will be owned by
   79  the applicant; and associated transmission lines that will be
   80  owned by the applicant which connect the electrical power plant
   81  to an existing transmission network or rights-of-way to which
   82  the applicant intends to connect. At the applicant’s option,
   83  this term may include any offsite associated facilities that
   84  will not be owned by the applicant; offsite associated
   85  facilities that are owned by the applicant but that are not
   86  directly connected to the site; any proposed terminal or
   87  intermediate substations or substation expansions connected to
   88  the associated transmission line; or new transmission lines,
   89  upgrades, or improvements of an existing transmission line on
   90  any portion of the applicant’s electrical transmission system
   91  necessary to support the generation injected into the system
   92  from the proposed electrical power plant.
   93         Section 3. Subsection (1) of section 403.506, Florida
   94  Statutes, is amended to read:
   95         403.506 Applicability, thresholds, and certification.—
   96         (1) The provisions of This act applies shall apply to any
   97  electrical power plant as defined in s. 403.503 herein, except
   98  that the provisions of this act does shall not apply to a steam
   99  electrical generating facility of less than 75 megawatts in
  100  gross capacity or a solar electrical generating facility of less
  101  than 150 any electrical power plant of less than 75 megawatts in
  102  gross capacity, including its associated facilities, unless the
  103  applicant for such a facility has elected to apply for
  104  certification of such electrical power plant under this act. The
  105  provisions of This act does shall not apply to capacity
  106  expansions of 75 megawatts or less, in the aggregate, of an
  107  existing exothermic reaction cogeneration electrical generating
  108  facility that was exempt from this act when it was originally
  109  built; however, this exemption does shall not apply if the unit
  110  uses oil or natural gas for purposes other than unit startup. No
  111  Construction of any new electrical power plant or expansion in
  112  steam generating capacity as measured by an increase in the
  113  maximum electrical generator rating of any existing electrical
  114  power plant may not be undertaken after October 1, 1973, without
  115  first obtaining certification pursuant to this act in the manner
  116  as herein provided, except that this act does shall not apply to
  117  any such electrical power plant which is presently operating or
  118  under construction or which has, upon the effective date of
  119  chapter 73-33, Laws of Florida, applied for a permit or
  120  certification under requirements in force before prior to the
  121  effective date of this such act.
  122         Section 4. For the purpose of incorporating the amendment
  123  made by this act to section 403.503, Florida Statutes, in a
  124  reference thereto, paragraphs (c) and (d) of subsection (1) of
  125  section 366.93, Florida Statutes, are reenacted to read:
  126         366.93 Cost recovery for the siting, design, licensing, and
  127  construction of nuclear and integrated gasification combined
  128  cycle power plants.—
  129         (1) As used in this section, the term:
  130         (c) “Integrated gasification combined cycle power plant” or
  131  “plant” means an electrical power plant as defined in s.
  132  403.503(14) which uses synthesis gas produced by integrated
  133  gasification technology.
  134         (d) “Nuclear power plant” or “plant” means an electrical
  135  power plant as defined in s. 403.503(14) which uses nuclear
  136  materials for fuel.
  137         Section 5. For the purpose of incorporating the amendment
  138  made by this act to section 403.503, Florida Statutes, in a
  139  reference thereto, paragraph (c) of subsection (3) of section
  140  380.23, Florida Statutes, is reenacted to read:
  141         380.23 Federal consistency.—
  142         (3) Consistency review shall be limited to review of the
  143  following activities, uses, and projects to ensure that such
  144  activities, uses, and projects are conducted in accordance with
  145  the state’s coastal management program:
  146         (c) Federally licensed or permitted activities affecting
  147  land or water uses when such activities are in or seaward of the
  148  jurisdiction of local governments required to develop a coastal
  149  zone protection element as provided in s. 380.24 and when such
  150  activities involve:
  151         1. Permits and licenses required under the Rivers and
  152  Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
  153         2. Permits and licenses required under the Marine
  154  Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
  155  1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
  156         3. Permits and licenses required under the Federal Water
  157  Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
  158  amended, unless such permitting activities have been delegated
  159  to the state pursuant to said act.
  160         4. Permits and licenses relating to the transportation of
  161  hazardous substance materials or transportation and dumping
  162  which are issued pursuant to the Hazardous Materials
  163  Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
  164  33 U.S.C. s. 1321, as amended.
  165         5. Permits and licenses required under 15 U.S.C. ss. 717
  166  717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
  167  1331-1356 for construction and operation of interstate gas
  168  pipelines and storage facilities.
  169         6. Permits and licenses required for the siting and
  170  construction of any new electrical power plants as defined in s.
  171  403.503(14), as amended, and the licensing and relicensing of
  172  hydroelectric power plants under the Federal Power Act, 16
  173  U.S.C. ss. 791a et seq., as amended.
  174         7. Permits and licenses required under the Mining Law of
  175  1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
  176  Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
  177  Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
  178  amended; the Federal Land Policy and Management Act, 43 U.S.C.
  179  ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
  180  U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
  181  U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
  182  pipelines, geological and geophysical activities, or rights-of
  183  way on public lands and permits and licenses required under the
  184  Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
  185  amended.
  186         8. Permits and licenses for areas leased under the OCS
  187  Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
  188  leases and approvals of exploration, development, and production
  189  plans.
  190         9. Permits and licenses required under the Deepwater Port
  191  Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
  192         10. Permits required for the taking of marine mammals under
  193  the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
  194  s. 1374.
  195         Section 6. For the purpose of incorporating the amendment
  196  made by this act to section 403.503, Florida Statutes, in a
  197  reference thereto, subsection (20) of section 403.031, Florida
  198  Statutes, is reenacted to read:
  199         403.031 Definitions.—In construing this chapter, or rules
  200  and regulations adopted pursuant hereto, the following words,
  201  phrases, or terms, unless the context otherwise indicates, have
  202  the following meanings:
  203         (20) “Electrical power plant” means, for purposes of this
  204  part of this chapter, any electrical generating facility that
  205  uses any process or fuel and that is owned or operated by an
  206  electric utility, as defined in s. 403.503(14), and includes any
  207  associated facility that directly supports the operation of the
  208  electrical power plant.
  209         Section 7. For the purpose of incorporating the amendment
  210  made by this act to section 403.503, Florida Statutes, in a
  211  reference thereto, subsection (1) of section 403.5175, Florida
  212  Statutes, is reenacted to read:
  213         403.5175 Existing electrical power plant site
  214  certification.—
  215         (1) An electric utility that owns or operates an existing
  216  electrical power plant as defined in s. 403.503(14) may apply
  217  for certification of an existing power plant and its site in
  218  order to obtain all agency licenses necessary to ensure
  219  compliance with federal or state environmental laws and
  220  regulation using the centrally coordinated, one-stop licensing
  221  process established by this part. An application for
  222  certification under this section must be in the form prescribed
  223  by department rule. Applications must be reviewed and processed
  224  using the same procedural steps and notices as for an
  225  application for a new facility, except that a determination of
  226  need by the Public Service Commission is not required.
  227         Section 8. This act shall take effect July 1, 2021.

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