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.