F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 761 2021
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; providing a definition; providing
5 that solar facilities are a permitted use in local
6 government comprehensive plan agricultural land use
7 categories and certain agricultural zoning districts;
8 requiring solar facilities to comply with specified
9 criteria; authorizing counties to adopt certain
10 ordinances; specifying requirements for such
11 ordinances; amending s. 403.503, F.S.; revising a
12 definition; amending s. 403.506, F.S.; increasing the
13 capacity threshold of solar electrical generating
14 facilities exempt from certification under the Florida
15 Electrical Power Plant Siting Act; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 163.3205, Florida Statutes, is created
21 to read:
22 163.3205 Solar facility approval process.—
23 (1) It is the intent of the Legislature to encourage
24 renewable solar electrical generation throughout the state. It
25 is essential that solar facilities and associated electric
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26 infrastructure be constructed and maintained in various
27 locations throughout the state in order to ensure renewable
28 energy production which is critical to the state's energy and
29 economic future.
30 (2) As used in this section, the term "solar facility"
31 means a production facility for electric power that:
32 (a) Uses photovoltaic modules to convert solar energy to
33 electricity which is delivered to a transmission system and
34 consumed primarily offsite.
35 (b) Consists principally of photovoltaic modules, a
36 mounting or racking system, power inverters, transformers,
37 collection systems, and associated components.
38 (c) May also include accessory administration or
39 maintenance buildings, electric transmission lines, substations,
40 energy storage equipment, and related accessory uses and
41 structures.
42 (3) A solar facility shall be a permitted use in all
43 agricultural land use categories in a local government
44 comprehensive plan and all agricultural zoning districts within
45 an unincorporated area, and must comply with the setback and
46 landscaped buffer area criteria for other similar uses in the
47 agricultural district.
48 (4) A county may adopt an ordinance specifying buffer and
49 landscaping requirements for solar facilities. Such requirements
50 may not exceed the requirements for similar uses involving the
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51 construction of other facilities that are permitted uses in
52 agricultural land use categories and zoning districts.
53 Section 2. Subsection (14) of section 403.503, Florida
54 Statutes, is amended to read:
55 403.503 Definitions relating to Florida Electrical Power
56 Plant Siting Act.—As used in this act:
57 (14) "Electrical power plant" means, for the purpose of
58 certification, any steam or solar electrical generating facility
59 using any process or fuel, including nuclear materials, except
60 that this term does not include any steam or solar electrical
61 generating facility of less than 75 megawatts in capacity or
62 solar electrical generating facility of less than 150 megawatts
63 in capacity unless the applicant for such a facility elects to
64 apply for certification under this act. This term also includes
65 the site; all associated facilities that will be owned by the
66 applicant that are physically connected to the site; all
67 associated facilities that are indirectly connected to the site
68 by other proposed associated facilities that will be owned by
69 the applicant; and associated transmission lines that will be
70 owned by the applicant which connect the electrical power plant
71 to an existing transmission network or rights-of-way to which
72 the applicant intends to connect. At the applicant's option,
73 this term may include any offsite associated facilities that
74 will not be owned by the applicant; offsite associated
75 facilities that are owned by the applicant but that are not
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76 directly connected to the site; any proposed terminal or
77 intermediate substations or substation expansions connected to
78 the associated transmission line; or new transmission lines,
79 upgrades, or improvements of an existing transmission line on
80 any portion of the applicant's electrical transmission system
81 necessary to support the generation injected into the system
82 from the proposed electrical power plant.
83 Section 3. Subsection (1) of section 403.506, Florida
84 Statutes, is amended to read:
85 403.506 Applicability, thresholds, and certification.—
86 (1) The provisions of This act applies shall apply to any
87 electrical power plant as defined in s. 403.503 herein, except
88 that the provisions of this act does shall not apply to a steam
89 electrical generating facility of less than 75 megawatts in
90 gross capacity or a solar electrical generating facility of less
91 than 150 any electrical power plant of less than 75 megawatts in
92 gross capacity, including its associated facilities, unless the
93 applicant for such a facility has elected to apply for
94 certification of such electrical power plant under this act. The
95 provisions of This act does shall not apply to capacity
96 expansions of 75 megawatts or less, in the aggregate, of an
97 existing exothermic reaction cogeneration electrical generating
98 facility that was exempt from this act when it was originally
99 built; however, this exemption does shall not apply if the unit
100 uses oil or natural gas for purposes other than unit startup. No
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101 Construction of any new electrical power plant or expansion in
102 steam generating capacity as measured by an increase in the
103 maximum electrical generator rating of any existing electrical
104 power plant may not be undertaken after October 1, 1973, without
105 first obtaining certification pursuant to this act in the manner
106 as herein provided, except that this act does shall not apply to
107 any such electrical power plant which is presently operating or
108 under construction or which has, upon the effective date of
109 chapter 73-33, Laws of Florida, applied for a permit or
110 certification under requirements in force before prior to the
111 effective date of this such act.
112 Section 4. This act shall take effect July 1, 2021.
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Statutes affected: H 761 Filed: 403.503, 403.506