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