Florida 2022 2022 Regular Session

Florida House Bill H0481 Analysis / Analysis

Filed 01/21/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0481b.LAV 
DATE: 1/21/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 481    Temporary Underground Power Panels 
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee, Duggan 
TIED BILLS:   IDEN./SIM. BILLS: SB 1332 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Tourism, Infrastructure & Energy Subcommittee 15 Y, 0 N, As CS Walsh Keating 
2) Local Administration & Veterans Affairs 
Subcommittee 
 	Leshko Miller 
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 TUG power panel, so long as the 
TUG power panel meets the requirements of Article 590 of the NEC, 2020 edition.  
 
The bill defines the term “temporary underground power panel” and provides that a county or municipality that 
has conducted an inspection of a TUG power panel may not require a subsequent inspection of the panel as a 
condition of issuance of a Certificate of Occupancy.   
 
The bill does not impact state government revenues or expenditures. The bill appears to have an indeterminate 
impact on local government revenues and expenditures, as local codes relating to TUG service vary by 
jurisdiction.  
 
The bill would be effective July 1, 2022.    STORAGE NAME: h0481b.LAV 	PAGE: 2 
DATE: 1/21/2022 
  
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 periodically.
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
  
 
  
                                                
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, National Electrical Code, 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.  
9
 Id. 
10
 Id at 504.   STORAGE NAME: h0481b.LAV 	PAGE: 3 
DATE: 1/21/2022 
  
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 TUG power panel, so 
long as the TUG power panel meets the requirements of Article 590 of the NEC, 2020 edition.  
 
The bill defines the term “temporary underground power panel” as a permanent meter base that 
includes a meter socket, meter, and downpipe, to which power is provided through an underground 
service line by an electric utility pursuant to its tariffs or service standards. Per the definition, the TUG 
power panel must be permanently attached to a block residential structure, provide temporary power for 
construction of the residential structure, and be intended for use in providing permanent service to the 
residential structure upon issuance of the Certificate of Occupancy.  
 
Under the bill, a county or municipality that has conducted an inspection of a TUG power panel may not 
require a subsequent inspection of the panel as a condition of issuance of a Certificate of Occupancy.   
 
B. SECTION DIRECTORY: 
Section 1: Creates s. 125.488, F.S., relating to county ordinances, regulations, and policies concerning 
temporary underground power panels.  
 
Section 2: Creates s. 166.0484, F.S., relating to municipal 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 
  STORAGE NAME: h0481b.LAV 	PAGE: 4 
DATE: 1/21/2022 
  
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: 
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill does not require or authorize rulemaking.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None.  
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On January 12, 2022, the Tourism, Infrastructure & Energy Subcommittee adopted a strike-all amendment 
to the bill and reported the bill favorably as a committee substitute. The amendment defines the term 
“temporary underground power panel,” corrects a reference to the National Electrical Code, and clarifies 
that a county or municipality may not require a subsequent inspection of a temporary underground power 
panel as a condition of issuance of a Certificate of Occupancy.  
 
This analysis is drafted to the committee substitute as approved by the Tourism, Infrastructure & Energy 
Subcommittee.