Bill Text: FL S1960 | 2021 | Regular Session | Introduced
Bill Title: Renewable Energy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Regulated Industries, companion bill(s) passed, see CS/CS/SB 896 (Ch. 2021-178) [S1960 Detail]
Download: Florida-2021-S1960-Introduced.html
Florida Senate - 2021 SB 1960
By Senator Bean
4-01442A-21 20211960__
1 A bill to be entitled
2 An act relating to renewable energy; creating s.
3 163.32071, F.S.; providing legislative findings and
4 intent; defining the term “solar facility”; requiring
5 solar facilities to be a permitted use by right in all
6 agricultural land use categories in applicable local
7 governmental comprehensive plans and zoning districts
8 within certain areas; requiring solar facilities to
9 comply with certain local requirements; prohibiting
10 counties from adopting ordinances containing certain
11 requirements for solar facilities which exceed those
12 for other facilities that do not produce food or
13 fiber; amending s. 193.461, F.S.; requiring certain
14 lands classified as agricultural to maintain such
15 classification if the land is leased for certain
16 renewable energy purposes; amending s. 403.503, F.S.;
17 defining the term “alternative or renewable energy
18 facility” and redefining the term “electrical power
19 plant” for the Florida Electrical Power Plant Siting
20 Act; amending s. 403.506, F.S.; providing that the
21 Florida Electrical Power Plant Siting Act does not
22 apply to a stand-alone or colocated alternative or
23 renewable energy facility that meets certain
24 requirements; making technical changes; amending ss.
25 366.93, 380.23, 403.031, 403.509, and 403.5175, F.S.;
26 conforming cross-references; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 163.32071, Florida Statutes, is created
32 to read:
33 163.32071 Solar facility approval process.—
34 (1) The Legislature finds that the construction and
35 maintenance of solar facilities and the associated electric
36 infrastructure in various locations throughout this state is
37 essential to ensure renewable energy production. The Legislature
38 further finds that renewable energy production is critical to
39 this state’s energy and economic future. Therefore, the
40 Legislature intends to encourage renewable solar electrical
41 generation throughout this state.
42 (2) As used in this section, the term “solar facility”
43 means a production facility for electric power which uses
44 photovoltaic modules or panels to convert solar energy to
45 electricity, and the electricity that is produced is delivered
46 to the transmission system and consumed primarily off site. The
47 term includes all of the following:
48 (a) Photovoltaic modules, a mounting or racking system,
49 power inverters, transformers, collection systems, and
50 associated components.
51 (b) The solar facility’s accessory administration or
52 maintenance buildings; required grid interconnection equipment,
53 including energy storage equipment; and related equipment and
54 accessories and structures.
55 (3) Solar facilities shall be a permitted use by right in
56 all agricultural land use categories in the applicable local
57 governmental comprehensive plans and all agricultural zoning
58 districts within any unincorporated area in this state.
59 (4) A solar facility must comply with the setback
60 requirements, landscaped buffer area criteria, fencing
61 requirements, or berm requirements applicable to other uses that
62 do not produce food and fiber in that local comprehensive plan
63 or agricultural district, if any. A county may adopt an
64 ordinance specifying buffer areas, landscaping requirements,
65 fencing, or berm requirements for solar facilities. These
66 requirements for solar facilities may not exceed those required
67 for other facilities not producing food or fiber which are
68 permitted uses in a local governmental entity’s agricultural
69 land use categories and zoning districts.
70 Section 2. Paragraph (f) is added to subsection (3) of
71 section 193.461, Florida Statutes, to read:
72 193.461 Agricultural lands; classification and assessment;
73 mandated eradication or quarantine program; natural disasters.—
74 (3)
75 (f) Land that is classified as agricultural by a property
76 appraiser shall maintain the agricultural designation if the
77 land is leased for the purpose of installing and operating an
78 alternative or renewable energy facility as defined in s.
79 403.503.
80 Section 3. Present subsections (4) through (31) of section
81 403.503, Florida Statutes, are redesignated as subsections (5)
82 through (32), respectively, a new subsection (4) is added to
83 that section, and present subsection (14) of that section is
84 amended, to read:
85 403.503 Definitions relating to Florida Electrical Power
86 Plant Siting Act.—As used in this act:
87 (4) “Alternative or renewable energy facility” means an
88 electrical generating facility that produces energy for
89 wholesale or retail sale using any of the following generating
90 methods: solar, biodiesel, hydrokinetic, wind, or green
91 hydrogen. As used in this subsection, the term “green hydrogen”
92 means hydrogen created through the use of other alternative or
93 renewable energies listed in this part.
94 (15)(14) “Electrical power plant” means, for the purpose of
95 certification, any steam or solar electrical generating facility
96 using any process or fuel, including nuclear materials, except
97 that this term does not include any steam or alternative or
98 renewable energy facility solar electrical generating facility
99 of less than 75 megawatts in capacity unless the applicant for
100 such a facility elects to apply for certification under this
101 act. This term also includes the site; all associated facilities
102 that will be owned by the applicant that are physically
103 connected to the site; all associated facilities that are
104 indirectly connected to the site by other proposed associated
105 facilities that will be owned by the applicant; and associated
106 transmission lines that will be owned by the applicant which
107 connect the electrical power plant to an existing transmission
108 network or rights-of-way to which the applicant intends to
109 connect. At the applicant’s option, this term may include any
110 offsite associated facilities that will not be owned by the
111 applicant; offsite associated facilities that are owned by the
112 applicant but that are not directly connected to the site; any
113 proposed terminal or intermediate substations or substation
114 expansions connected to the associated transmission line; or new
115 transmission lines, upgrades, or improvements of an existing
116 transmission line on any portion of the applicant’s electrical
117 transmission system necessary to support the generation injected
118 into the system from the proposed electrical power plant.
119 Section 4. Subsection (1) of section 403.506, Florida
120 Statutes, is amended to read:
121 403.506 Applicability, thresholds, and certification.—
122 (1) The provisions of This act applies shall apply to any
123 electrical power plant as defined herein, except that the
124 provisions of this act does shall not apply to an any electrical
125 power plant of less than 75 megawatts in gross capacity,
126 including its associated facilities, or to an alternative or
127 renewable energy facility of less than 75 megawatts in gross
128 capacity, including its associated facilities, regardless of
129 whether the alternative or renewable energy facility is a stand
130 alone facility or is colocated with an existing electrical power
131 plant or supplements an existing electrical power plant’s steam
132 generation, unless the applicant has elected to apply for
133 certification of such electrical power plant under this act. The
134 provisions of This act does shall not apply to capacity
135 expansions of 75 megawatts or less, in the aggregate, of an
136 existing exothermic reaction cogeneration electrical generating
137 facility that was exempt from this act when it was originally
138 built; however, this exemption does shall not apply if the unit
139 uses oil or natural gas for purposes other than unit startup.
140 The No construction of any new electrical power plant or
141 expansion in steam generating capacity as measured by an
142 increase in the maximum electrical generator rating of any
143 existing electrical power plant may not be undertaken after
144 October 1, 1973, without first obtaining certification in the
145 manner as herein provided, except that this act does shall not
146 apply to any such electrical power plant which is presently
147 operating or under construction or which has, upon the effective
148 date of chapter 73-33, Laws of Florida, applied for a permit or
149 certification under requirements in force before prior to the
150 effective date of such act.
151 Section 5. Paragraphs (c) and (d) of subsection (1) of
152 section 366.93, Florida Statutes, are amended to read:
153 366.93 Cost recovery for the siting, design, licensing, and
154 construction of nuclear and integrated gasification combined
155 cycle power plants.—
156 (1) As used in this section, the term:
157 (c) “Integrated gasification combined cycle power plant” or
158 “plant” means an electrical power plant as defined in s. 403.503
159 s. 403.503(14) which uses synthesis gas produced by integrated
160 gasification technology.
161 (d) “Nuclear power plant” or “plant” means an electrical
162 power plant as defined in s. 403.503 s. 403.503(14) which uses
163 nuclear materials for fuel.
164 Section 6. Paragraph (c) of subsection (3) of section
165 380.23, Florida Statutes, is amended to read:
166 380.23 Federal consistency.—
167 (3) Consistency review shall be limited to review of the
168 following activities, uses, and projects to ensure that such
169 activities, uses, and projects are conducted in accordance with
170 the state’s coastal management program:
171 (c) Federally licensed or permitted activities affecting
172 land or water uses when such activities are in or seaward of the
173 jurisdiction of local governments required to develop a coastal
174 zone protection element as provided in s. 380.24 and when such
175 activities involve:
176 1. Permits and licenses required under the Rivers and
177 Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
178 2. Permits and licenses required under the Marine
179 Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
180 1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
181 3. Permits and licenses required under the Federal Water
182 Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
183 amended, unless such permitting activities have been delegated
184 to the state pursuant to said act.
185 4. Permits and licenses relating to the transportation of
186 hazardous substance materials or transportation and dumping
187 which are issued pursuant to the Hazardous Materials
188 Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
189 33 U.S.C. s. 1321, as amended.
190 5. Permits and licenses required under 15 U.S.C. ss. 717
191 717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
192 1331-1356 for construction and operation of interstate gas
193 pipelines and storage facilities.
194 6. Permits and licenses required for the siting and
195 construction of any new electrical power plants as defined in s.
196 403.503 s. 403.503(14), as amended, and the licensing and
197 relicensing of hydroelectric power plants under the Federal
198 Power Act, 16 U.S.C. ss. 791a et seq., as amended.
199 7. Permits and licenses required under the Mining Law of
200 1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
201 Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
202 Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
203 amended; the Federal Land Policy and Management Act, 43 U.S.C.
204 ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
205 U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
206 U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
207 pipelines, geological and geophysical activities, or rights-of
208 way on public lands and permits and licenses required under the
209 Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
210 amended.
211 8. Permits and licenses for areas leased under the OCS
212 Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
213 leases and approvals of exploration, development, and production
214 plans.
215 9. Permits and licenses required under the Deepwater Port
216 Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
217 10. Permits required for the taking of marine mammals under
218 the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
219 s. 1374.
220 Section 7. Subsection (20) of section 403.031, Florida
221 Statutes, is amended to read:
222 403.031 Definitions.—In construing this chapter, or rules
223 and regulations adopted pursuant hereto, the following words,
224 phrases, or terms, unless the context otherwise indicates, have
225 the following meanings:
226 (20) “Electrical power plant” means, for purposes of this
227 part of this chapter, any electrical generating facility that
228 uses any process or fuel and that is owned or operated by an
229 electric utility, as defined in s. 403.503 s. 403.503(14), and
230 includes any associated facility that directly supports the
231 operation of the electrical power plant.
232 Section 8. Paragraphs (a) and (c) of subsection (4) of
233 section 403.509, Florida Statutes, are amended to read:
234 403.509 Final disposition of application.—
235 (4)(a) Any transmission line corridor certified by the
236 board, or secretary if applicable, shall meet the criteria of
237 this section. When more than one transmission line corridor is
238 proper for certification under s. 403.503 s. 403.503(11) and
239 meets the criteria of this section, the board, or secretary if
240 applicable, shall certify the transmission line corridor that
241 has the least adverse impact regarding the criteria in
242 subsection (3), including costs.
243 (c) If the board, or secretary if applicable, finds that
244 two or more of the corridors that comply with subsection (3)
245 have the least adverse impacts regarding the criteria in
246 subsection (3), including costs, and that the corridors are
247 substantially equal in adverse impacts regarding the criteria in
248 subsection (3), including costs, the board, or secretary if
249 applicable, shall certify the corridor preferred by the
250 applicant if the corridor is one proper for certification under
251 s. 403.503 s. 403.503(11).
252 Section 9. Subsection (1) of section 403.5175, Florida
253 Statutes, is amended to read:
254 403.5175 Existing electrical power plant site
255 certification.—
256 (1) An electric utility that owns or operates an existing
257 electrical power plant as defined in s. 403.503 s. 403.503(14)
258 may apply for certification of an existing power plant and its
259 site in order to obtain all agency licenses necessary to ensure
260 compliance with federal or state environmental laws and
261 regulation using the centrally coordinated, one-stop licensing
262 process established by this part. An application for
263 certification under this section must be in the form prescribed
264 by department rule. Applications must be reviewed and processed
265 using the same procedural steps and notices as for an
266 application for a new facility, except that a determination of
267 need by the Public Service Commission is not required.
268 Section 10. This act shall take effect July 1, 2021.
