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, companion bill(s) passed, see CS/CS/SB 896 (Ch. 2021-178) [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: 32 163.3205 Solar 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 steamor solarelectrical 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 termalsoincludes 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 ofThis act appliesshall applyto any 97 electrical power plant as defined in s. 403.503herein, except 98 thatthe provisions ofthis act doesshallnot 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 150any electrical power plant of less than 75megawatts in 102 gross capacity, including its associated facilities, unless the 103 applicant for such a facility has elected to apply for 104 certificationof such electrical power plantunder this act.The105provisions ofThis act doesshallnot 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 doesshallnot apply if the unit 110 uses oil or natural gas for purposes other than unit startup.No111 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 actin the manner116as herein provided, except that this act doesshallnot 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 beforeprior tothe 121 effective date of thissuchact. 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.