Frequently Asked Questions: Florida Transmission Line Siting Act

Florida Transmission Line Siting Act Frequently Asked Questions

What is the Florida Transmission Line Siting Act?

The Florida Transmission Line Siting Act is a state regulation that governs the siting, construction, and maintenance of high-voltage electrical transmission lines within the state of Florida. The act aims to balance the need for reliable and efficient transmission of electricity with the protection of the environment and the public interest.

What types of transmission lines are regulated under the Florida Transmission Line Siting Act?

The Florida Transmission Line Siting Act applies to transmission lines that are 230 kilovolts (kV) or larger and cross a county line, as well as transmission lines that are 69 kV or larger and are 15 miles or longer in length.

Which state agencies are responsible for administering and enforcing the Florida Transmission Line Siting Act?

The Florida Department of Environmental Protection (DEP) and the Florida Public Service Commission (PSC) are the primary state agencies responsible for administering and enforcing the act. The DEP oversees the environmental aspects of transmission line siting, while the PSC is responsible for ensuring that the transmission lines are necessary and in the public interest.

What environmental resources are protected by the Florida Transmission Line Siting Act?

The Florida Transmission Line Siting Act protects a variety of environmental resources from the potential negative impacts of transmission line construction and operation, including wetlands, wildlife habitat, water resources, and cultural and historical resources.

What activities are prohibited under the Florida Transmission Line Siting Act without obtaining the necessary permits and certifications?

The act prohibits the following activities without obtaining the necessary permits and certifications:

1. Constructing or maintaining high-voltage transmission lines without a valid Transmission Line Siting Certification
2. Commencing construction of a transmission line project before obtaining all required permits and approvals from the relevant state and local agencies
3. Failing to comply with the conditions and requirements set forth in the Transmission Line Siting Certification and associated permits

What is the Transmission Line Siting Certification?

The Transmission Line Siting Certification is the sole license for the location of the transmission line corridor and the construction, operation, and maintenance of the transmission line. It is issued by the Florida Department of Environmental Protection after the applicant has demonstrated compliance with all applicable regulations and obtained approval from the relevant state agencies.

What are the key sections of the Florida Transmission Line Siting Act?

The main sections of the Florida Transmission Line Siting Act include:

• 403.522 - Definitions
• 403.523 - Department of Environmental Protection; powers and duties enumerated
• 403.525 - Administrative law judge; appointment; powers and duties
• 403.526 - Preliminary statements of issues, reports, and studies
• 403.527 - Certification hearing, parties, participants
• 403.531 - Effect of certification

What standards and limitations are established by the Florida Transmission Line Siting Act?

The Florida Transmission Line Siting Act establishes various standards and limitations to ensure the proper siting, construction, and operation of transmission lines in the state. These may include emissions limits for air and water pollutants, performance standards for the design, construction, and maintenance of transmission lines, and limitations on the location and routing of transmission lines to protect sensitive environmental areas.

What monitoring, reporting, and recordkeeping requirements are imposed by the Florida Transmission Line Siting Act?

Under the Florida Transmission Line Siting Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to demonstrate compliance with the applicable standards and limitations. These may include conducting regular monitoring of emissions, discharges, and other environmental parameters, submitting periodic reports to the relevant state agencies, and maintaining accurate and complete records of all monitoring data, reports, and other compliance documentation.

What enforcement actions and penalties are provided for under the Florida Transmission Line Siting Act?

The Florida Transmission Line Siting Act provides for various enforcement actions and penalties to address violations of the regulation and ensure compliance with the applicable standards and limitations. These may include notices of violation, administrative orders, and civil and criminal penalties, such as fines and other sanctions for serious or repeated violations.

How can developers and consultants ensure compliance with the Florida Transmission Line Siting Act?

To avoid enforcement actions and penalties, it is crucial for developers and consultants to proactively comply with all applicable requirements of the Florida Transmission Line Siting Act and engage early and often with the relevant state agencies. They should consult the full text of the regulation and work closely with the agencies to understand the specific requirements and obligations that apply to their transmission line projects.

What are some recent developments related to the Florida Transmission Line Siting Act?

In recent years, the Florida Transmission Line Siting Act has undergone several notable developments, including the passage of House Bill 1055 in 2019, which streamlined the permitting process for certain transmission line projects, and the Florida Supreme Court's decision in the case of Gulf Power Company v. Florida Public Service Commission in 2020, which upheld the Public Service Commission's authority to require utilities to consider alternative corridor routes and demonstrate the need for proposed transmission line projects.

What potential regulatory changes and policy shifts could affect the implementation of the Florida Transmission Line Siting Act in the future?

Looking ahead, there are several potential regulatory changes and policy shifts that could affect the implementation of the Florida Transmission Line Siting Act. The Florida Department of Environmental Protection has indicated that it may update its rules and guidance documents related to the Act to reflect recent legislative changes and court decisions. Additionally, there is ongoing discussion among policymakers and stakeholders about the need for further reforms to the transmission line siting process, particularly in light of the state's growing population and increasing energy demands.

How can stakeholders stay informed about developments related to the Florida Transmission Line Siting Act?

To stay informed about developments related to the Florida Transmission Line Siting Act, stakeholders can monitor the websites of key agencies such as the Florida Department of Environmental Protection, the Florida Public Service Commission, and the Florida Department of Economic Opportunity. Joining mailing lists and attending public meetings and workshops can also provide valuable insights into the evolving regulatory landscape. Industry associations, such as the Florida Electric Utility Industry Association, can also be valuable sources of information and advocacy on transmission line siting issues.

Where can I find the complete text of the Florida Transmission Line Siting Act?

The complete text of the Florida Transmission Line Siting Act, including all amendments and revisions, can be found on the Florida Legislature's website.