BILL SUMMARY DETAILS

Florida League of Cities

State Preemption of Energy Transportation Infrastructure Regulations (Oppose – Preemption)

CS/CS/SB 856 (Hutson) and CS/HB 839 (Fabrico) expressly preempt the regulation of transportation energy infrastructure to the state. “Transportation energy infrastructure” means infrastructure supporting the production, import, storage and distribution of fuel. The bills prohibit a local government from implementing or enforcing any policy, resolution or ordinance that has the effect of prohibiting, restricting or requiring the construction of new or the expansion, upgrade or repair of existing transportation energy infrastructure. The bills also prohibit local governments from imposing requirements that are more stringent than state law.  CS/CS/SB 856 was amended to narrow the preemption to fuel retailers (gas stations) and related transportation infrastructure. It specifically preserves the authority of local governments to enact or apply any requirement that affects gas stations, such as land use regulations, as long as the requirements do not result in a de facto jurisdictionwide ban. The amended bill specifies that local governments may not take actions that result in jurisdictionwide bans on gas stations or transportation infrastructure necessary to provide fuel to gas stations. The amended bill also prohibits local governments from requiring gas stations to install specific fueling infrastructure such as electric vehicle charging stations. (O’Hara)