Fla. Stat. 366.825
Clean Air Act compliance; definitions; goals; plans


(1)

For the purposes of this section, reference to the “Clean Air Act” means 42 U.S.C. ss. 7401 et seq. as the same may hereinafter be amended and any related state or local legislation.

(2)

Each public utility which owns or operates at least one electric generating unit affected by s. 404 or s. 405 of the Clean Air Act may submit, for commission approval, a plan to bring generating units into compliance with the Clean Air Act. A plan to implement compliance submitted by public utilities must include, at a minimum:The number and identity of affected generating units;A description of the proposed action, and alternative actions considered by the public utility, to reduce sulfur dioxide emissions to levels required by the Clean Air Act at each affected unit;A description of the proposed action, and alternative actions considered by the public utility, to comply with nitrogen oxide emission rates required by the Clean Air Act at each affected unit;Estimated effects of the public utility’s proposed plan on the following:
Requirements for construction and operation of proposed or alternative facilities;
Achievable emissions reductions and methods for monitoring emissions;
The public utility’s proposed schedule for implements of compliance activities;
The estimated cost of implementation of the public utility’s compliance plan to the utility’s customers;
The public utility’s present and potential future sources of fuel; and
A statement of why the public utility’s proposed compliance plan is reasonable and in the public interest.
A description of the proposed actions to comply with federal, state, and local requirements to implement the Clean Air Act.

(a)

The number and identity of affected generating units;

(b)

A description of the proposed action, and alternative actions considered by the public utility, to reduce sulfur dioxide emissions to levels required by the Clean Air Act at each affected unit;

(c)

A description of the proposed action, and alternative actions considered by the public utility, to comply with nitrogen oxide emission rates required by the Clean Air Act at each affected unit;

(d)

Estimated effects of the public utility’s proposed plan on the following:Requirements for construction and operation of proposed or alternative facilities;Achievable emissions reductions and methods for monitoring emissions;The public utility’s proposed schedule for implements of compliance activities;The estimated cost of implementation of the public utility’s compliance plan to the utility’s customers;The public utility’s present and potential future sources of fuel; andA statement of why the public utility’s proposed compliance plan is reasonable and in the public interest.
1. Requirements for construction and operation of proposed or alternative facilities;
2. Achievable emissions reductions and methods for monitoring emissions;
3. The public utility’s proposed schedule for implements of compliance activities;
4. The estimated cost of implementation of the public utility’s compliance plan to the utility’s customers;
5. The public utility’s present and potential future sources of fuel; and
6. A statement of why the public utility’s proposed compliance plan is reasonable and in the public interest.

(e)

A description of the proposed actions to comply with federal, state, and local requirements to implement the Clean Air Act.

(3)

The commission shall review a plan to implement the Clean Air Act compliance submitted by public utilities pursuant to this section in order to determine whether such plans, the costs necessarily incurred in implementing such plans, and any effect on rates resulting from such implementation are in the public interest. The commission shall by order approve or disapprove plans to implement compliance submitted by public utilities within 8 months after the date of filing. Approval of a plan submitted by a public utility shall establish that the utility’s plan to implement compliance is prudent and the commission shall retain jurisdiction to determine in a subsequent proceeding that the actual costs of implementing the compliance plan are reasonable; provided, however, that nothing in this section shall be construed to interfere with the authority of the Department of Environmental Protection to determine whether a public utility is in compliance with ss. 403.087 and 403.0872 or the State Air Implementation Plan for the Clean Air Act.

Source: Section 366.825 — Clean Air Act compliance; definitions; goals; plans, https://www.­flsenate.­gov/Laws/Statutes/2024/0366.­825 (accessed Aug. 7, 2025).

366.01
Legislative declaration
366.02
Definitions
366.03
General duties of public utility
366.04
Jurisdiction of commission
366.05
Powers
366.06
Rates
366.07
Rates
366.08
Investigations, inspections
366.09
Incrimination at hearing of commission
366.10
Judicial review
366.11
Certain exemptions
366.13
Taxes, not affected
366.14
Regulatory assessment fees
366.015
Interagency liaison
366.15
Medically essential electric public utility service
366.031
Definitions
366.032
Preemption over utility service restrictions
366.041
Rate fixing
366.042
Mutual aid agreements of rural electric cooperatives and municipal electric utilities
366.051
Cogeneration
366.055
Availability of, and payment for, energy reserves
366.057
Retirement of electrical power plants
366.071
Interim rates
366.072
Rate adjustment orders
366.075
Experimental and transitional rates
366.076
Limited proceedings
366.80
Short title
366.81
Legislative findings and intent
366.82
Definition
366.83
Certain laws not applicable
366.91
Renewable energy
366.92
Florida renewable energy policy
366.93
Cost recovery for the siting, design, licensing, and construction of nuclear and integrated gasification combined cycle power plants
366.093
Public utility records
366.94
Electric vehicle charging
366.095
Penalties
366.95
Financing for certain nuclear generating asset retirement or abandonment costs
366.96
Storm protection plan cost recovery
366.97
Redundant poles
366.98
Public utility liability arising out of emergencies and disasters
366.99
Natural gas facilities relocation costs
366.125
Natural gas jurisdiction limits
366.825
Clean Air Act compliance
366.8255
Environmental cost recovery
366.8260
Storm-recovery financing

Current through Fall 2025

§ 366.825. Clean Air Act compliance; definitions; goals; plans's source at flsenate​.gov