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The “Siting” Acts

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  1. Electrical Power Plant Siting Act Electrical Transmission Line Siting Act Natural Gas Transmission Pipeline Siting Act The Certification Process and Agency Involvement Created for Siting Workshop – Altamonte Springs February 5, 2008 http://www.dep.state.fl.us/siting The “Siting” Acts

  2. The Certification Process and Agency Involvement Electrical Power Plant Siting Act

  3. Created by Florida Legislature in 1973 Revised in 2006 Sections 403.501- 403.518, Florida Statutes Supporting Rule: 62-17, Part I, F.A.C. Multi-agency review with ultimate approval by Governor & Cabinet (“Siting Board”) Electrical Power Plant Siting Act

  4. Power plants prior to 1973 continue being licensed through regular permitting processes. Some sites have generation units which were permitted both prior to the passage of the Act, and after the Act. Different procedures and coordination contacts may apply for the same site’s differing units. The Department of Environmental Protection’s (DEP) website contains a listing of sites regulated under the Power Plant Siting Act: (http://www.dep.state.fl.us/siting/certification.htm). Electrical Power Plant Siting Act

  5. Thresholds: Steam electric power plants > 75 megawatts (MW) (gross steam component) Solar power plants which are > 75 MW Steam plants may be combined-cycle units, nuclear units, IGCC, pulverized coal units, or conventional oil/gas-fired. Combustion turbines can be permitted in conjunction with a certified facility, or as an addition via the modification process, but alone do not trigger the certification process. Electrical Power Plant Siting Act

  6. Site Certification ProcedureCertification Requirements • Determination of Need – PSC (Public Service Commission) • Site Certification Application (SCA) Review – DEP with affected agencies • Federal Permits – Must be in at least “Draft” stage prior to certification hearing. (PSD, NPDES, UIC, RCRA)

  7. Department of Community Affairs The Water Management District Each Local Government Fish and Wildlife Conservation Commission Regional Planning Council Department of Transportation Any other agency, if requested by the Department (Dept. of State, Dept. of Agriculture) Site Certification ProcedureAffected Agencies

  8. Electrical Power Plant Siting Act • Certification (Licensing) supersedes and encompasses ALL state and local permits and approvals. • Certification does not supersede Federal permitting processes (PSD, NPDES, UIC, RCRA)

  9. Electrical Power Plant Siting Act • Licensing is for the “Life of the Facility” • May include “associated facilities” distant from or extending from the main site such as: • Landfills • Natural gas pipelines • Rail lines • Roadways • Electrical transmission lines

  10. Electrical Power Plant Siting Act • Associated facilities certification may be for a “corridor”, within which the right-of-way (ROW), associated facility, and access and maintenance roads will eventually be located. • Corridor may be up to a mile in width, with unlimited length. • Review process is for entire corridor, with focus on where a ROW would not be appropriate or permittable. • Corridor will be reduced to the boundary of the ROW after certification.

  11. The certification process is a legal proceeding. DEP (The Siting Office): administers the processing of applications administers and manages the terms and conditions of the certification order for the life of the facility The schedule and proceeding incorporates a “Land Use Determination” (which is made by the local government) with final approval of land use by the Siting Board. Depending on whether the project is disputed, the Final Order of certification will be issued by the Siting Board or the DEP Secretary. PPSA Certification Procedures

  12. This is not a step that the Districts or WM Districts will be involved in. However, since a hearing may occur in the case of a dispute, with newspaper and other public notice published, staff need to be aware of this step (may occur after completeness review but prior to Preliminary Statements of Issues). Refer any questions to the Siting Coordination Office. PPSA Certification ProceduresLand Use Determination

  13. Timelines of Certification are Controlled by Statute. Once the applicant submits the Application, DEP (Office of General Counsel) must immediately file the application with the Department of Administrative Hearings (DOAH). Within 7 days of receipt of SCA, DEP must propose a schedule and request the appointment of an Administrative Law Judge (ALJ). PPSA Certification Procedures

  14. Affected Agency comments/recommendations on completeness are due to DEP within 30 days of filing of the Application. DEP (Siting) must file a Completeness Determination (1st) with DOAH within 40 days of filing of the Application. The applicant has 30 days to submit additional information. (can also ask for more time) Agencies have 15 days from receipt of additional information to comment on completeness. PPSA Certification ProcedureCompleteness Review

  15. DEP (Siting) has 7 more days to file the 2nd Completeness Determination with DOAH. The second completeness step continues until the application is found complete. This is a funneling process. No new issues unless related to answers to previous questions. Most applications are found complete on the second go-round. PPSA Certification ProcedureCompleteness Review

  16. Required by Statute – Agencies (WMDs/DEP Districts/Bureaus) Due 40 days after application is “complete”. This is a “heads up” to DEP and applicant on things that could be a barrier to certification. Gives the applicant a chance to contact the agency and work on solving the issues. Failure to raise an issue here “shall not preclude the issue from being raised in the agency’s report”. PPSA Certification ProcedurePreliminary Statements of Issues

  17. Required by Statute for all statutory agencies. DEP’s Siting Office report constitutes the DEP report. Due 100 days after application is “complete” Includes: A Report on Matters Within the Agency’s Jurisdiction Which may Potentially be Affected by the Proposed Project Recommendation on Approval or Denial of Project Conditions of Certification (COC) PPSA Certification ProcedureAgency Reports

  18. These are the conditions that would normally go into the “standard” state issued permit. Conditions should be comprehensive. Must have regulatory authority (proposed conditions are required to include citations). Even if an agency recommends Denial of the project, a full set of COC should be submitted as the project may still be certified. PPSA Certification ProcedureConditions of Certification

  19. PPSA Certification ProcedureConditions of Certification • Proposed COC should include the following as applicable: • regulatory citations supporting requirement/condition; • frequency, starting timeframes, and duration of reporting requirement; • identify maps or special details (if necessary); • management plans; • section of DEP/WMD/agency to receive reports/management plans - no addresses and phone numbers (include notification to the Siting Office. • Review COC for the projects in your area, and evaluate for necessary updates or corrections. Notify the Siting Office when a modification may be necessary and include proposed Condition language.

  20. If not all plans are known, draft a condition that requires a “post-certification submittal” for review and approval. These may include: Management Plans Site-specific details for rights-of-ways and equipment only generically described to be located within an associated facility corridor. Example: Stormwater Plans PPSA Certification ProcedureConditions of Certification

  21. Drafted by the Siting Office and filed with the Administrative Law Judge (ALJ) 130 days after application deemed “complete”. Includes: DEP’s report Copies of other Agency Reports DEP recommendation (Approval/Denial) Comments received from any other agency or person Status of any Federal permit Note: If Federal permits are not at least in “draft” stage, certification will not move forward and Siting will file for extension of time. PPSA Certification ProcedureProject Analysis & Draft COC

  22. Required PSC has determined a “Need” for the project. The Proposed Site Conforms to the Land Use Plan or Zoning Ordinances (or the Siting Board has granted relief). There have been no requests for extension of time. No Stipulation. Draft Federal permits have been issued. If requirements are met, a Certification Hearing Shall be Held with the ALJ no later than 265 days after the filing of the Application. PPSA Certification ProcedureHearing Before the ALJ

  23. Hearing will be held in the “vicinity” of the proposed power plant. DEP, WMD, and other agency staff may be requested to testify, either as fact or expert witnesses. Hearings may last one or two days to several weeks. If petitions against draft federal permits, these may be consolidated into the Site Certification Hearing PPSA Certification ProcedureHearing Before the ALJ

  24. ALJ submits a Recommended Order to the Siting Board within 45 days after filing of hearing transcript. The Siting Board, by written order, approves or denies certification within 60 days after receiving ALJ’s recommendation. Issues raised in the Board Hearing are limited to matters raised in the ALJ hearing or raised in the ALJ Recommended Order. PPSA Certification ProcedureSiting Board Hearing

  25. If all parties to the proceeding stipulate that there are no disputed issues of fact or law, DEP or the applicant may request to cancel the ALJ hearing. If request is “granted”, the ALJ relinquishes jurisdiction to DEP. The DEP Secretary will then act, by written order, upon the application. PPSA Certification ProcedureStipulation Between All Parties

  26. PPSA Certification ProcedureOpportunities for Public Intervention • Citizens may attend the Informational Public Meeting if held*; • “Affected persons” may challenge a local government’s Land Use Determination, resulting in a Hearing; • Citizens may attend the Land Use Hearing (ALJ) if held; • Citizens may attend the Certification Hearing (ALJ) if held; • Citizens may attend Siting Board Meeting for Land Use if held; • Citizens may attend Siting Board Meeting for Certification if held. Note: Additional opportunities for involvement exist within the PSC Need Determination and Federal Permitting processes which are not outlined here.

  27. Potential actions/requirements after certification, include: Post-Certification submittal review Amendments Modifications Monitoring Enforcement PPSA Certification

  28. Submittals required by a specific COC. Reports, drawings, plans, etc. Compliance demonstration of certification. Submitted to Siting and appropriate reviewing agency. Review period of 90 days or less required by Statute. Post Certification Submittals

  29. Any change or revisions to the application that do not alter conditions of certifications require the licensee to submit a written Request for Amendment. All Requests for Amendment should come through the Siting Office! The Siting Office will distribute the Request to affected district offices and agencies for their input. Post Certification Amendments

  30. We have 30 days to: Determine that the request IS an amendment (NOT a modification) and issue a written approval if an amendment (no fee required). Determine that the request is NOT an amendment, and provide written notice that the request will require a modification to the COC; or Determine that more information is needed, and request the information in writing. (15-day review period for additional information) Post Certification Amendments

  31. 403.503 Definitions - Modification “means any change in the certification order after issuance, including a change in the Conditions of Certification.” Modification of Certification

  32. If the proposed change/activity at the facility… Would normally require a state permit and is not “covered” under the existing COC, This is a modification and requires changes/additions to the COC. Fee Required (Note: For Certification applications and modifications, no fees are to be collected for state or local permitting actions.) Modification of Certification

  33. Certifications may be modified in one of the following ways: Siting Board Initiates Licensee files a petition (Fee Required) Department Initiates Update for consistency with Federal permit (“Auto-Mod) Update for consistency with subsequently adopted rules (“Auto-Mod”) Modification of Certification

  34. When Petition for Modification is filed by Licensee: Agencies (and districts) have 25 days to file completeness recommendations. Siting has 30 days to issue completeness determination We rely on district offices and affected agencies to evaluate and propose any necessary changes/additions to the COC. Modification of Certification

  35. Technical monitoring at the site will be done by the jurisdictional agency/District. Siting must be notified if discrepancies with the conditions are found. Discrepancies may be grounds for Enforcement Actions. Monitoring

  36. Enforcement actions including Consent Orders are initiated by the District/Bureaus but coordination with the Siting Office and the Siting Program attorney is necessary. Since no state or local permits are issued, violations are against the Certification, not a permit. Enforcement

  37. Questions??? http://www.dep.state.fl.us/siting Electrical Power Plant Siting Act

  38. Electrical Transmission Line Siting Act(TLSA) • Created by Florida Legislature in 1980 • Revised in 2006 • Sections 403.52 – 403.5365, Florida Statutes • Supporting Rule: 62-17, Part II, F.A.C. • Multi-agency review with ultimate approval by Governor & Cabinet sitting as the “Siting Board”

  39. ElectricalTransmission Line Siting Act • Thresholds: • 230 kiloVolts or higher in electric transmission capacity • Must cross a county line • Are 15 miles or longer • (Applicant may elect to use certification process for smaller/shorter lines)

  40. Electrical Transmission Line Siting Act Transmission lines under the TLSA: • Extend from an existing or proposed substation or power plant (but not including it) • To an existing or proposed transmission network or substation, or right-of-way • May include terminal or existing substations

  41. Electrical Transmission Line Siting Act • Certification is for a “Corridor”, within which the right-of-way, towers, access and maintenance roads will eventually be located • Corridor may be up to a mile in width, with unlimited length • Review process is for entire corridor, with focus on where a right-of-way would not be appropriate or permittable • Corridor will be reduced to the boundary of the right-of-way after certification.

  42. Electrical Transmission Line Siting Act • Certification (Licensing) supersedes and encompasses ALL state and local permits and approvals. • However, transmission lines are exempt from Local Land Use Plan requirements.

  43. Transmission Line Siting Certification Procedures Differences between the PPSA and TLSA: • Process clocks and steps are not identical (TLSA is shorter with some significantly different steps) • No Land Use Determination is required • Largely wetland/ERP issues • May be subsets of main certification hearing (local component hearings) in counties other than main hearing • Alternative Corridors may be proposed by third-parties

  44. Transmission Line Siting Certification Procedures • Alternative corridor reviews are a mini-certification process, with their own timeclock steps • Same type of reviews required as for original corridor, but with shorter timeframes • Typically shorter corridors

  45. Transmission Line Siting Certification Procedures Steps and requirements that are the same as the PPSA: • PSC Need Determination • Completeness Review • Local Government Informational Meetings • Preliminary Statements of Issues • Agency Reports • Project Analysis, with proposed Conditions of Certification • Certification hearing

  46. Transmission Line Siting Like the PPSA: • Certification is for the life of the facility! • May be many actions/requirements after certification, including: • Post-Certification submittal review • Amendments • Modifications • Monitoring • Enforcement

  47. Electrical Transmission Line Siting Questions??? http://www.dep.state.fl.us/siting

  48. Natural Gas Transmission Pipeline Siting Act (NGPSA) • Created by Florida Legislature in 1992 • Sections 403.9401 – 403.9425, Florida Statutes • Supporting Rule: 62-807, Part II, F.A.C. • Multi-Agency approvals require Governor & Cabinet, sitting as the “Natural Gas Transmission Pipeline Siting Board” as the approving authority

  49. Natural Gas Transmission Pipeline Siting Act • Only applies to natural gas pipelines that are in-state • Inter-State are licensed by the Federal Energy Regulatory Commission • Other Thresholds: • Must cross a county line • Is 15 miles or longer • (Applicant may elect to use certification process for smaller/shorter pipelines)

  50. Natural Gas Transmission Pipeline Siting Act Provisions and process steps are similar to Electrical Transmission Line Siting Act, with following exceptions: • Certification hearing is mandatory • “Sufficiency” process is the equivalent of “completeness” under PPSA and TLSA • Different timeclocks • Corridor width limitation is 1/3 mile wide, instead of 1 mile wide