Florida 2022 2022 Regular Session

Florida House Bill H0481 Analysis / Analysis

Filed 01/10/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0481.TIE 
DATE: 1/10/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 481    Temporary Underground Power Panels 
SPONSOR(S): Duggan 
TIED BILLS:   IDEN./SIM. BILLS: SB 1332 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Tourism, Infrastructure & Energy Subcommittee  	Walsh Keating 
2) Local Administration & Veterans Affairs 
Subcommittee 
   
3) Commerce Committee    
SUMMARY ANALYSIS 
When a residential home is under construction on undeveloped property, the homebuilder may arrange for 
temporary electric service to provide power to the property through the construction process.  If the residence 
is ultimately going to receive power through an underground service line when the resident takes occupancy, a 
reduced cost alternative to a temporary power pole on a construction site is temporary underground (TUG) 
service.  
 
A TUG connection is available for underground residential services where the permanent approved meter 
socket, meter, and downpipe are configured such that they can be used for temporary service. After the 
homeowner takes occupancy of the house, the TUG connection installed during construction is then used to 
provide electric service to the residence.  
 
Before installing TUG service on a construction site, a builder must get approval from the county or 
municipality, often through the county or municipality’s building department.  
 
The National Electrical Code (NEC) is published by the National Fire Protection Association, and serves to 
safeguard persons and property from hazards arising from the use of electricity.  
 
The bill provides that neither counties nor municipalities may enact any ordinance, regulation, or policy that 
prevents, or has the effect of preventing, an electric utility from installing a temporary underground power 
panel, so long as the temporary underground power panel meets the requirements of Article 590 of the 
National Electrical Code, 2021 edition.  
 
Under the bill, a county or municipality may not require a permanent inspection after it has conducted a 
temporary inspection of the temporary underground power panel.  
 
The bill would be effective July 1, 2022.    STORAGE NAME: h0481.TIE 	PAGE: 2 
DATE: 1/10/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Temporary Underground Power 
When a residential home is under construction on undeveloped property, the homebuilder may arrange 
for temporary electric service, to provide power to the property through the construction process. 
Builders may opt for temporary power poles, which allow them to get enough energy for the necessary 
equipment on the job site.
1
 If the residence is ultimately going to receive power through an underground 
service line when the resident takes occupancy, a reduced cost alternative to a temporary power pole is 
temporary underground (TUG) service.
2
  
 
The TUG alternative is available for underground residential services where the permanent approved 
meter socket, meter, and downpipe are configured such that they can be used for temporary service.
3
 
In local jurisdictions that allow TUG service, after construction reaches a certain point and a temporary 
inspection takes place, the electric utility installs the permanent service to the meter socket.
4
 The 
installed permanent service is then used for construction until the Certificate of Occupancy is obtained.
5
 
After the homeowner takes occupancy of the house, the permanent connection installed for TUG 
service during construction is then used to provide electric service to the residence.  
 
Before installing TUG service on a construction site, a builder must get approval from the county or 
municipality, often through the county or municipality’s building department.
6
 Many, but not all, Florida 
counties and municipalities offer TUG agreements. An internet search reflects that some of the counties 
and municipalities that have a TUG program include: Orange County, Osceola County, Palm Beach 
County, Pasco County, Pinellas County, Volusia County, Altamonte Springs, Fort Myers, Melbourne, 
Orlando, and Tarpon Springs.  
 
National Electrical Code 
The National Electrical Code (NEC) is published by the National Fire Protection Association and is 
updated every couple of years.
7
 All 50 states have adopted the NEC, as it serves to safeguard persons 
and property from hazards arising from the use of electricity.
 8
 The most recent version of the NEC was 
published in 2020.
9
 Article 590 of the NEC covers temporary electrical power and lighting installations.
10
  
 
Effect of the Bill 
 
The bill provides that neither counties nor municipalities may enact any ordinance, regulation, or policy 
that prevents, or has the effect of preventing, an electric utility from installing a temporary underground 
power panel, so long as the temporary underground power panel meets the requirements of Article 590 
                                                
1
 Step-by-Step Guide: Temporary Construction Site Power, PowerPlus, https://www.powerplus.com/industrial-power-
blog/construction-site-temporary-power/ (last visited Jan. 8, 2022).  
2
 See, e.g., Florida Power and Light, Electric Service Standards (April 2021), at 10. 
3
 See, e.g., Id. 
4
 See, e.g., Orlando Utilities Commission, How to Obtain Temporary Underground Service, 
https://www.ouc.com/docs/customer-brochures/broc_tug.pdf?sfvrsn=9769e278_6 (last visited Jan. 8, 2022); and Electric 
Service Standards at 10.  
5
 See, e.g., Id.  
6
 See, e.g., Id.  
7
 National Fire Protection Association, NFPA 70, https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-
of-codes-and-standards/detail?code=70 (last visited Jan. 10, 2022).  
8
 Id.; National Fire Protection Association, National Electrical Code, 29 (2020), available at https://www.nfpa.org/codes-
and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=70 (last visited Jan. 10, 2021).  
9
 National Fire Protection Association, NFPA 70. 
10
 National Fire Protection Association, National Electrical Code at 504.   STORAGE NAME: h0481.TIE 	PAGE: 3 
DATE: 1/10/2022 
  
of the National Electrical Code, 2021 edition. The bill refers to temporary underground power panels as 
possibly having a meter, meter socket, and downpipe.  
 
Under the bill, a county or municipality may not require a permanent inspection after it has conducted a 
temporary inspection of the temporary underground power panel.  
 
B. SECTION DIRECTORY: 
Section 1: Creates s. 125.488, F.S., relating to ordinances, regulations, and policies concerning 
temporary underground power panels.  
 
Section 2: Creates s. 166.0484, F.S., relating to ordinances, regulations, and policies concerning 
temporary underground power panels.  
 
Section 3: Provides that the bill shall take effect July 1, 2022.  
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
Indeterminate. See Fiscal Comments.   
 
2. Expenditures: 
Indeterminate. See Fiscal Comments.  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
Homebuilders may have fewer expenditures on fees associated with TUG inspections.  
 
D. FISCAL COMMENTS: 
Local government codes relating to TUG service, including fees and inspection requirements, vary 
across the state. Thus, the bill’s impact may vary by jurisdiction.  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to 
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities.  
 
 2. Other:  STORAGE NAME: h0481.TIE 	PAGE: 4 
DATE: 1/10/2022 
  
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill does not require or authorize rulemaking.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
The bill uses the term “temporary underground power panel” but does not define it. While this term may 
have a generally accepted meaning in the construction and utility industry, the inclusion of a definition 
in the bill would ensure clarity for implementation purposes.  
 
The bill references Article 590 of the National Electrical Code, 2021 edition. According to the National 
Fire Protection Association website, the 2020 edition is the latest edition of the NEC.  
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.