THE BILL ITSELF
SB 1696
Advanced Nuclear Reactors
Florida Senate - 2026 SB 1696 By Senator McClain 9-00881A-26 20261696__
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A bill to be entitled
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An act relating to advanced nuclear reactors; creating
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s. 403.541, F.S.; defining terms; granting the Florida
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Public Service Commission the sole authority to
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regulate advanced nuclear reactors in this state;
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requiring the commission to take certain regulatory
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actions; authorizing the Department of Health and the
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Department of Environmental Protection to exercise
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specified powers and duties and develop certain
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guidelines; requiring the commission, the Department
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of Health, and the Department of Environmental
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Protection to jointly establish criteria for the
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certification of laboratories that perform analysis on
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nuclear materials for certain purposes; authorizing
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the possession of nuclear material for specified
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purposes; providing an exception and limitation for
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such possession; requiring permits for the transfer,
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receipt, possession, use, storage, or disposal of
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nuclear materials; requiring the commission to make a
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certain determination before issuing such permits;
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requiring the commission to certify construction and
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significant design modifications of advanced nuclear
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reactors; requiring the commission to consider certain
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factors before issuing such certifications; requiring
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that the construction or significant design
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modification include certain control devices;
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authorizing the commission to issue a reciprocal
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permit or certification if certain conditions are met;
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providing penalties; requiring the commission, after
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consultation with the Department of Environmental
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Protection and the Department of Health, to adopt
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rules; providing requirements for such rules; amending
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s. 186.801, F.S.; revising the criteria the commission
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must consider in its preliminary study of electric
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utility 10-year site plans; amending s. 366.02, F.S.;
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revising the definition of the term “public utility”;
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amending s. 366.92, F.S.; revising legislative intent
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for the state’s renewable energy policy; revising
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definitions; revising requirements for the development
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of certain standards by electric utilities; deleting
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such requirements for rural cooperatives; amending s.
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377.601, F.S.; revising legislative intent for the
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state’s energy policy; amending s. 403.506, F.S.;
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revising applicability of power plant capacity and
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expansion thresholds; amending s. 403.519, F.S.;
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revising the criteria the commission must consider in
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making determinations for proposed power plants;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 403.541, Florida Statutes, is created to
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read:
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403.541 Advanced nuclear reactors.—
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(1) As used in this section, the term:
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(a) “Advanced nuclear reactor” means a nuclear fusion
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reactor, or a nuclear fission reactor that uses new or
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significantly improved designs compared to commercial nuclear
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reactors in operation as of January 1, 2021, including
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improvements such as:
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1. Inherent or passive safety features;
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2. Lower waste yields;
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3. Improved fuel performance or efficiency;
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4. Significantly improved designs, materials, fuels, or
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cooling systems;
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5. Reduced consumption of cooling water and other
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environmental impacts; or
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6. Flexibility in operational output or ability to
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integrate into electric or nonelectric applications.
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(b) “Commission” means the Florida Public Service
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Commission.
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(c) “Electrical power plant” has the same meaning as
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provided in s. 403.503.
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(d) “Nuclear material” means byproduct material, source
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material, and special nuclear material as those terms are
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defined in s. 404.031.
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(2)(a) The authority to regulate advanced nuclear reactors
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in this state is granted solely to the commission. At a minimum,
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the commission shall do all of the following:
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1. Evaluate and approve designs for advanced nuclear
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reactors.
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2. Issue permits for the possession, transportation,
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transfer, and use of nuclear materials in sufficient quantities
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to facilitate advanced nuclear reactor research, design,
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testing, construction, and operation.
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3. Prescribe safety and construction standards for the use
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of nuclear materials in the development and operation of
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advanced nuclear reactors.
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(b) The Department of Health may exercise its powers and
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duties granted under chapter 404 for the regulation of advanced
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nuclear reactors under this section. The Department of Health
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shall develop appropriate guidelines for nuclear facilities and
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advanced nuclear reactors to mitigate harm to human health
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resulting from radiological exposure.
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(c) The Department of Environmental Protection may exercise
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its powers and duties granted under this chapter for the
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regulation of advanced nuclear reactors under this section. The
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Department of Environmental Protection shall develop appropriate
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guidelines for nuclear facilities and advanced nuclear reactors
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to mitigate environmental harm and promote the efficient and
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sustainable use of water and other natural resources.
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(d) The commission, the Department of Health, and the
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Department of Environmental Protection shall jointly establish
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criteria for the certification of laboratories that perform
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analysis on nuclear materials for the purpose of researching,
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designing, testing, or otherwise developing technology for
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nuclear power plants under this section.
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(3) A person, a corporation, or an entity may possess
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nuclear materials for, and in quantities sufficient to
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facilitate, the research, design, testing, construction, and
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operation of advanced nuclear reactors. However, except for
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active military personnel or contractors acting pursuant to a
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lawful military order, a person, a corporation, or an entity may
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not possess nuclear materials in quantities that pose a danger
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to national defense and security or public health and safety.
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(4)(a) The operator of a facility conducting research and
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testing of advanced nuclear reactors must obtain a permit from
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the commission for the use and storage of nuclear materials to
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facilitate such research and testing.
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(b) A person, a corporation, or an entity must obtain a
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permit from the commission for the transfer, receipt,
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possession, use, or disposal of nuclear materials relating to
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the operation of advanced nuclear reactors.
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(c) Before issuing a permit under this subsection, the
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commission shall determine whether the facility or reactor is
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equipped with radiation control devices that will abate or
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prevent radiological contamination in compliance with the
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standards and rules established under this section.
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(5)(a) The construction or significant design modification
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of an advanced nuclear reactor must be certified by the
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commission before such construction or modification may begin.
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(b) Before issuing a certification under this subsection,
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the commission must, at a minimum, consider all of the
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following:
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1. The extent to which the design will effectively mitigate
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and prevent danger to the public health and safety.
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2. The compliance of the design with the safety standards
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prescribed by the commission.
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3. The ability of the design to address known or reasonably
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foreseeable risks, including system failures, accidents, natural
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disasters, and extreme weather events.
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4. The completeness and accuracy of engineering
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calculations and testing data for the design.
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5. The ability of the design to promote the efficient and
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sustainable use of water and other natural resources.
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(c) The construction or significant design modification of
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an advanced nuclear reactor must include radiation control
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devices that will abate or prevent radiological contamination in
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compliance with the standards and rules established under this
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section.
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(6) If an applicant has been issued a permit or
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certification from another state or a federal agency for the
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activities under this section, the commission may issue a
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reciprocal permit or certification if the safety standards of
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the other state or federal agency are no less stringent than the
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standards and rules established under this section.
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(7) A person, a corporation, or an entity that violates
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this section or any rule adopted hereunder is subject to a civil
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penalty not to exceed $100,000 for each violation for each day
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the violation persists, except that the maximum civil penalty
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may not exceed $1 million for any related series of violations.
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(8) The commission, after consultation with the Department
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of Health and the Department of Environmental Protection, shall
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adopt rules to implement this section. In developing such rules,
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the commission shall refer to part II of this chapter and the
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rules and regulations established thereunder.
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Section 2. Present paragraph (j) of subsection (2) of
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section 186.801, Florida Statutes, is redesignated as paragraph
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(l), and a new paragraph (j) and paragraph (k) are added to that
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section, to read:
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186.801 Ten-year site plans.—
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(2) Within 9 months after the receipt of the proposed plan,
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the commission shall make a preliminary study of such plan and
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classify it as “suitable” or “unsuitable.” The commission may
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suggest alternatives to the plan. All findings of the commission
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shall be made available to the Department of Environmental
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Protection for its consideration at any subsequent electrical
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power plant site certification proceedings. It is recognized
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that 10-year site plans submitted by an electric utility are
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tentative information for planning purposes only and may be
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amended at any time at the discretion of the utility upon
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written notification to the commission. A complete application
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for certification of an electrical power plant site under
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chapter 403, when such site is not designated in the current 10
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year site plan of the applicant, shall constitute an amendment
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to the 10-year site plan. In its preliminary study of each 10
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year site plan, the commission shall consider such plan as a
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planning document and shall review:
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(j) The amount of nuclear energy resources the utility
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produces or purchases.
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(k) The amount of nuclear energy resources the utility
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plans to produce or purchase over the 10-year planning horizon
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and the means by which the production or purchases will be
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achieved.
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Section 3. Subsection (8) of section 366.02, Florida
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Statutes, is amended to read:
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366.02 Definitions.—As used in this chapter:
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(8) “Public utility” means every person, corporation,
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partnership, association, or other legal entity and their
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lessees, trustees, or receivers supplying electricity or gas
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(natural, manufactured, or similar gaseous substance) to or for
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the public within this state; but the term “public utility” does
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not include either a cooperative now or hereafter organized and
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existing under the Rural Electric Cooperative Law of the state;
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a municipality or any agency thereof; any entity other than an
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electric utility that produces electricity from an advanced
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nuclear reactor that is not interconnected to this state’s
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electrical power grid for its own consumption or supplies such
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electricity for consumption by a single consumer; any dependent
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or independent special natural gas district; any natural gas
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transmission pipeline company making only sales or
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transportation delivery of natural gas at wholesale and to
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direct industrial consumers; any entity selling or arranging for
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sales of natural gas which neither owns nor operates natural gas
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transmission or distribution facilities within the state; or a
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person supplying liquefied petroleum gas, in either liquid or
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gaseous form, irrespective of the method of distribution or
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delivery, or owning or operating facilities beyond the outlet of
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a meter through which natural gas is supplied for compression
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and delivery into motor vehicle fuel tanks or other
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transportation containers, unless such person also supplies
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electricity or manufactured or natural gas.
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Section 4. Subsections (1), (2), and (3) of section 366.92,
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Florida Statutes, are amended to read:
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366.92 Florida renewable energy policy.—
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(1) It is the intent of the Legislature to promote the
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development of clean renewable energy; protect the economic
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viability of Florida’s existing clean renewable energy
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facilities; diversify the types of fuel used to generate
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electricity in Florida; lessen Florida’s dependence on natural
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gas and fuel oil for the production of electricity; minimize the
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volatility of fuel costs; encourage investment within the state;
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improve environmental conditions; and, at the same time,
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minimize the costs of power supply to electric utilities and
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their customers.
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(2) As used in this section, the term:
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(a) “Clean energy” includes energy produced by advanced
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nuclear reactors as that term is defined in s. 403.541, and
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renewable energy and renewable natural gas as those terms are
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defined in s. 366.91.
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(b) (a) “Provider” means a “ utility ” as defined in s.
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366.8255(1)(a).
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(b) “Renewable energy” includes renewable energy and
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renewable natural gas as those terms are defined in s.
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366.91(2).
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(3) Each municipal electric utility and rural electric
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cooperative shall develop standards for the promotion,
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encouragement, and expansion of the use of clean renewable
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energy resources and energy conservation and efficiency
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measures. On or before April 1, annually, each municipal
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electric utility and electric cooperative shall submit to the
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commission a report that identifies such standards.
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Section 5. Paragraph (m) is added to subsection (3) of
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section 377.601, Florida Statutes, to read:
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377.601 Legislative intent.—
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(3) In furtherance of the goals in subsection (2), it is
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the policy of the state to:
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(m) Encourage the research, development, demonstration, and
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application of domestic advanced nuclear energy resources.
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Section 6. Subsection (1) of section 403.506, Florida
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Statutes, is amended to read:
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403.506 Applicability, thresholds, and certification.—
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(1) (a) The provisions of This act applies shall apply to
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any electrical power plant as defined herein, except that the
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provisions of this act does shall not apply to the following,
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unless the applicant has elected to apply for certification
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under this act:
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1. Any electrical power plant of less than 75 megawatts in
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gross capacity, including its associated facilities , unless the
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applicant has elected to apply for certification of such
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electrical power plant under this act .
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2. The provisions of this act shall not apply to Capacity
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expansions of 75 megawatts or less, in the aggregate, of an
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existing exothermic reaction cogeneration electrical generating
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facility that was exempt from this act when it was originally
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built; however, this exemption shall not apply if the unit uses
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oil or natural gas for purposes other than unit startup.
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3. Capacity expansions of 75 megawatts or less, in the
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aggregate, of one or more advanced nuclear reactors as defined
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in s. 403.541 installed within the boundaries of an electrical
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power plant site previously certified under this act.
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4. One or more advanced nuclear reactors as defined in s.
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403.541 to be located within the boundaries of an electrical
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power plant site previously certified under this act, provided
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that:
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a. The advanced nuclear reactor or reactors are intended to
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replace an existing electrical power plant located on the site.
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b. The certificate holder intends to retire the existing
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electrical power plant from service.
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c. The gross capacity of the advanced nuclear reactor or
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reactors, in the aggregate, does not exceed the gross capacity
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of the electrical power plant to be retired.
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5. One or more advanced nuclear reactors as defined in s.
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403.541 that are not interconnected to this state’s electrical
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power grid and that are owned and operated by an entity other
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than an electric utility for purposes of producing power for its
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own consumption or for use by a single consumer of electrical
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power.
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(b) The No construction of any new electrical power plant
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or expansion in steam generating capacity as measured by an
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increase in the maximum electrical generator rating of any
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existing electrical power plant may not be undertaken after
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October 1, 1973, without first obtaining certification in the
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manner as herein provided, except that this act shall not apply
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to any such electrical power plant which is presently operating
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or under construction or which has, upon the effective date of
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chapter 73-33, Laws of Florida, applied for a permit or
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certification under requirements in force prior to the effective
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date of such act.
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Section 7. Subsection (3) of section 403.519, Florida
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Statutes, is amended to read:
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403.519 Exclusive forum for determination of need.—
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(3) The commission shall be the sole forum for the
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determination of this matter, which accordingly may shall not be
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raised in any other forum or in the review of proceedings in
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such other forum. In making its determination, the commission
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shall take into account the need for electric system reliability
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and integrity, the need for adequate electricity at a reasonable
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cost, the need for fuel diversity and supply reliability,
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whether the proposed plant is the most cost-effective
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alternative available, and whether nuclear renewable energy
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resources sources and technologies , as well as conservation
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measures, are used utilized to the extent reasonably available.
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The commission shall also expressly consider the conservation
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measures taken by or reasonably available to the applicant or
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its members which might mitigate the need for the proposed plant
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and other matters within its jurisdiction which it deems
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relevant. The commission’s determination of need for an
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electrical power plant shall create a presumption of public need
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and necessity and shall serve as the commission’s report
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required by s. 403.507(4). An order entered pursuant to this
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section constitutes final agency action.
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Section 8. This act shall take effect July 1, 2026.