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12-02-08 Item 3aCITY OF SOUTH MIAMI INTER - OFFICE MEMORANDUM To: Mayor and City Commission From: Luis Figueredo, City Attorney 3Ca Date: November 24, 2008 Re: Electric Transmission lines siting At the last City Commission meeting you requested an overview of the city's role in the certification process for electric transmission lines that are proposed to be located within the city's jurisdiction. The Florida Electric Transmission Line Siting (ETLS), ss. 403.52- .5365, Florida Statutes, is the State's process for the licensing for the location of electric transmission line corridors. All of the local governments or state agencies within whose jurisdiction the electric transmission line corridor is to be certified participate in the process, to assure that the issues normally subject to regulatory approval or other authorizations are addressed. The State Legislature determined that an efficient review of the permit application, at both the state and local level, would occur if there was a process for centrally coordinating permit review based upon identified standards and recommendations. The Florida Department of Environmental Protection (FDEP) is the agency responsible for coordinating review of the recommendations submitted by all other state and local agencies, and is responsible for determining whether the proposed Transmission line complies with applicable environmental laws. Ch. 62 -17, Part I, (62- 17.011 - .62- 17.293), Florida Administrative Code, is the procedural Rule implementing the ETLS. For certification of the electric transmission line corridor the proposed route must be established as the best out of other alternatives considering safety, environmental impacts and existing land use. There are several ways for the City to be involved. First, there is a notice issued to the various governmental entities affected, including the City. The City may review the application for the electric transmission line and may provide comments on whether the application is complete. This proceeding is handled by an administrative law judge. Secondly, pursuant to section 403.5272, Florida Statutes, the affected City may coordinate and hold ONE informational public meeting, in addition to the hearing authorized by the Act on any matter associated with the transmission line proceeding. The informational meeting would be held by the City no later than 55 days after the application is filed. The purpose is for the city to provide a venue to make the applicant and Department available to members of the public. The city is encouraged to obtain comments from the public. Additionally, the city may hold additional informal meetings to provide additional information and updates to the public. Thirdly, pursuant to s 403.527, Florida Statutes, each affected agency (including the City) is to submit a preliminary statement of issues to the FDEP, the applicant and all parties no later than 40 days after the certification application has been determined " complete. The City would prepare a report as to the impact of the proposed transmission line or corridor as it relates to matters within its jurisdiction, including consistency with all applicable ordinances, regulations and standards. The city is to initiate this process no later than 15 days after the application is distributed and shall keep the FDEP informed of the progress of any studies and any issues raised by any studies. Finally, a certification hearing would be held by the Administrative Law Judge ( "ALP) within 145 days after the application is filed with the FDEP. At the hearing, the ALJ shall consider all the evidence and notice shall be provided to city and all applicable agencies. One public hearing where members of the public who are not parties to the certification hearing may testify shall be held within the city, if requested by the city within 21 days after the date the application has been determined complete. No later than 45 days before the originally scheduled hearing, any party may propose pursuant to s. 403.5271 an alternate transmission line corridor route for consideration. A filing of an alternate corridor must include the most recent United States Geological Survey and statement of the reasons the proposed alternate corridor should be certified. If the alternate is rejected by the applicant or the Department the certification hearings shall proceed as scheduled. If both the applicant and the department accept the proposed alternate the public hearing shall be rescheduled. Within 60 days of receiving the ALJ's order the Governor and Cabinet sitting as the siting board shall issue its findings. In determining whether an application should be approved, modified or denied, the Board, shall consider whether, and the extent to which the location of the electric transmission line and directly associated facilities, their construction and operation will: (a) Ensure electric power system reliability and integrity; (b) Meet the electrical energy needs of the state in an orderly, economical and timely fashion; (c) Comply with applicable nonprocedural requirements of agencies; (d) Be consistent with applicable provisions of local government comprehensive plans, if any; (e) Effect a reasonable balance between the need for the transmission line as a means for providing reliable, economically efficient electric energy, as determined by the commission, under s. 403.537, and the impact upon the public and the environment resulting from the location of the transmission line corridor and the construction, operation, and maintenance of the transmission lines. The issuance or denial of the certification by the Board shall be the final administrative action required regarding the application for certification. Once a license is issued no further permitting is required. No further action under any statutes may be implemented by a city after the certification is issued/granted. The city has several opportunities to participate and present evidence in the certification hearing, however, as previously noted the decision to certify the transmission line rests with the Governor and Cabinet sitting as the Siting Board.