SB 856 — Express Preemption of Fuel Retailers and Related Transportation Infrastructure

Florida Senate - 2021 CS for CS for SB 856 By the CommitteesCommittee on CommunityRegulated Affairs;Industries;

and RegulatedSenator Industries;Hutson 580-02581-21 2021856c1 A bill to be entitled An act relating to the state preemption of transportation energy infrastructure regulation;

and Senator Hutson 578-02922-21 2021856c2 A bill to be entitled An act relating to the express preemption of fuel retailers and related transportation infrastructure;

prohibitingproviding alegislative municipality,findings; county, special district, or political subdivision from taking certain actions to prohibit the siting, development, or redevelopment of fuel retailers and the related transportation infrastructure and from requiring fuel retailers to install or invest in a particular fueling infrastructure;

preempting the regulation of transportation energy infrastructure to the state;

prohibiting a local government from taking specified actions relating to the regulation of transportation energy infrastructure;

proving exceptions;

1412 Be It Enacted by the Legislature of the State of Florida:

1614 Section 1. Section 377.707, Florida Statutes, is created to read:

377.707 Express377.707 State preemption of fueltransportation retailersenergy andinfrastructure relatedregulation.— transportation infrastructure.— (1) As used in this section, the term:

(a) “Fuel(a) “Fuel” retailer”includes, meansbut ais fuelnot stationlimited orto, retailpetroleum establishmentfuel, thatpetroleum sellsproducts, gasoline, diesel fuel, motor fuel, marine fuel, aviation fuel, renewable fuel, alternative fuel, natural gas fuel, hydrogen fuel, and electricity, when such fuel tosources provideare powerused tofor vehicles.transportation.

(b) “Related(b) “Transportation transportationenergy infrastructure” means undergroundinfrastructure storagesupporting tanks,the pipelines,production, orimportation, anystorage, relatedand equipmentdistribution thatof isfuel. necessary to dispense fuel at a fuel retailer.

(2) A(2) The municipality,Legislature county,recognizes specialthat district,affordable, orreliable, politicaland subdivisionsustainable mayenergy notthroughout dothis anystate is dependent upon transportation energy infrastructure networks extending beyond local government boundaries and recognizes the importance of consumer choice in the following:energy market.

(a) Adopt(3) The aregulation law, an ordinance, a regulation, a policy, or a resolution that prohibits the siting, development, or redevelopment of a fuel retailer or the related transportation energy infrastructure that is necessaryexpressly topreempted provide fuel to a fuel retailer within the entiretystate. of the jurisdictional boundary of the municipality, county, special district, or political subdivision.

(b) AdoptA orlocal applygovernment a law, an ordinance, a regulation, a policy, or a resolution that results in the de facto prohibition of a fuel retailer or the related transportation infrastructure that is necessaryprohibited tofrom providedoing fuelany to a fuel retailer within the entirety of the jurisdictionalfollowing: boundary of a municipality, county, special district, or political subdivision.

(c) Require(a) Adopting aor fuelimplementing retailerany tolaw, installordinance, regulation, policy, or investresolution inthat aprohibits, particularrestricts, kindor requires, or that has the effect of fuelingprohibiting, restricting, or requiring, the construction of new transportation energy infrastructure or the expansion, upgrading, or repair of existing transportation energy infrastructure, including,or butimposing notany limitedrequirement to,regulating electrictransportation vehicleenergy charginginfrastructure stations.that is more stringent than state law or department rule, except for local ordinances regulating petroleum storage system construction, operation, and maintenance which were enacted pursuant to section 376.317(3)(a).

45(b) Amending Thisits sectioncomprehensive doesplan, notland preemptuse amap, municipality,zoning county,districts, special district, or politicalland subdivisiondevelopment fromregulations adoptingin and implementing a law,manner an ordinance, a regulation, a policy, or a resolution that iswould notconflict otherwise inconsistent with generalan lawexisting relating to the siting, development, or redevelopment of fuel retailers or related transportation energy infrastructure necessaryclassification foras thema topermitted provideand fuel,allowable ifuse, suchincluding, law,but ordinance, regulation, policy, or resolution does not resultlimited into, aan deamendment factothat prohibitioncauses ofan fuelexisting retailers or related transportation energy infrastructure necessary to providebe fuela tononconforming fueluse, retailersstructure, from being sited, developed, or redevelopeddevelopment. within the entirety of the jurisdictional boundaries of the municipality, county, special district, or political subdivision.

Section(c) Imposing 2. Thisrequirements actthat shallare takemore effectstringent uponthan becomingstate alaw law.or rule.

(4) This section does not limit the authority of a local government to adopt, implement, modify, and enforce:

(a) Applicable federal and state requirements for transportation energy infrastructure, including safety and building standards;

or (b) Local safety and building standards that do not conflict with federal or state safety and security requirements for transportation energy infrastructure.

(5) Any existing or future law, ordinance, regulation, policy, or resolution that is contrary to this section is void.

Section 2. This act shall take effect July 1, 2021.