(1) It is the intent of the Legislature to maintain, encourage, and ensure adequate and reliable fuel sources for public utilities. The resiliency and reliability of fuel sources for public utilities is critical to the state’s economy; the ability of the state to recover from natural disasters; and the health, safety, welfare, and quality of life of the residents of the state.
(2) As used in this section, the term:(a) “Natural gas” means all forms of fuel commonly or commercially known or sold as natural gas, including compressed natural gas and liquefied natural gas.
(b) “Natural gas reserve” means a facility that is capable of storing and transporting and, when operational, actively stores and transports a supply of natural gas.
(c) “Public utility” has the same meaning as defined in s. 366.02. (d) “Resiliency facility” means a facility owned and operated by a public utility for the purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary use during a system outage or natural disaster.
(3) A resiliency facility is a permitted use in all commercial, industrial, and manufacturing land use categories in a local government comprehensive plan and all commercial, industrial, and manufacturing districts. A resiliency facility must comply with the setback and landscape criteria for other similar uses. A local government may adopt an ordinance specifying buffer and landscaping requirements for resiliency facilities, provided such requirements do not exceed the requirements for similar uses involving the construction of other facilities that are permitted uses in commercial, industrial, and manufacturing land use categories and zoning districts.
(4) After July 1, 2024, a local government may not amend its comprehensive plan, land use map, zoning districts, or land development regulations in a manner that would conflict with a resiliency facility’s classification as a permitted and allowable use, including, but not limited to, an amendment that causes a resiliency facility to be a nonconforming use, structure, or development.
