Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1624
       
       
       
       
       
       
                                Ì565948]Î565948                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Collins) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.3210, Florida Statutes, is created
    6  to read:
    7         163.3210Natural gas resiliency and reliability
    8  infrastructure.—
    9         (1)It is the intent of the Legislature to maintain,
   10  encourage, and ensure adequate and reliable fuel sources for
   11  public utilities. The resiliency and reliability of fuel sources
   12  for public utilities is critical to the state’s economy; the
   13  ability of the state to recover from natural disasters; and the
   14  health, safety, welfare, and quality of life of the residents of
   15  the state.
   16         (2)As used in this section, the term:
   17         (a)“Natural gas” means all forms of fuel commonly or
   18  commercially known or sold as natural gas, including compressed
   19  natural gas and liquefied natural gas.
   20         (b)“Natural gas reserve” means a facility that is capable
   21  of storing and transporting and, when operational, actively
   22  stores and transports a supply of natural gas.
   23         (c)“Public utility” has the same meaning as defined in s.
   24  366.02.
   25         (d)“Resiliency facility” means a facility owned and
   26  operated by a public utility for the purposes of assembling,
   27  creating, holding, securing, or deploying natural gas reserves
   28  for temporary use during a system outage or natural disaster.
   29         (3)A resiliency facility is a permitted use in all
   30  commercial, industrial, and manufacturing land use categories in
   31  a local government comprehensive plan and all commercial,
   32  industrial, and manufacturing districts. A resiliency facility
   33  must comply with the setback and landscape criteria for other
   34  similar uses. A local government may adopt an ordinance
   35  specifying buffer and landscaping requirements for resiliency
   36  facilities, provided such requirements do not exceed the
   37  requirements for similar uses involving the construction of
   38  other facilities that are permitted uses in commercial,
   39  industrial, and manufacturing land use categories and zoning
   40  districts.
   41         (4)After July 1, 2024, a local government may not amend
   42  its comprehensive plan, land use map, zoning districts, or land
   43  development regulations in a manner that would conflict with a
   44  resiliency facility’s classification as a permitted and
   45  allowable use, including, but not limited to, an amendment that
   46  causes a resiliency facility to be a nonconforming use,
   47  structure, or development.
   48         Section 2. Section 286.29, Florida Statutes, is amended to
   49  read:
   50         286.29 Energy guidelines for Climate-friendly public
   51  business.—The Legislature recognizes the importance of
   52  leadership by state government in the area of energy efficiency
   53  and in reducing the greenhouse gas emissions of state government
   54  operations. The following shall pertain to all state agencies
   55  when conducting public business:
   56         (1)The Department of Management Services shall develop the
   57  “Florida Climate-Friendly Preferred Products List.” In
   58  maintaining that list, the department, in consultation with the
   59  Department of Environmental Protection, shall continually assess
   60  products currently available for purchase under state term
   61  contracts to identify specific products and vendors that offer
   62  clear energy efficiency or other environmental benefits over
   63  competing products. When procuring products from state term
   64  contracts, state agencies shall first consult the Florida
   65  Climate-Friendly Preferred Products List and procure such
   66  products if the price is comparable.
   67         (2)State agencies shall contract for meeting and
   68  conference space only with hotels or conference facilities that
   69  have received the “Green Lodging” designation from the
   70  Department of Environmental Protection for best practices in
   71  water, energy, and waste efficiency standards, unless the
   72  responsible state agency head makes a determination that no
   73  other viable alternative exists.
   74         (1)(3) Each state agency shall ensure that all maintained
   75  vehicles meet minimum maintenance schedules shown to reduce fuel
   76  consumption, which include:
   77         (a) Ensuring appropriate tire pressures and tread depth.;
   78         (b) Replacing fuel filters and emission filters at
   79  recommended intervals.;
   80         (c) Using proper motor oils.; and
   81         (d) Performing timely motor maintenance.
   82  
   83  Each state agency shall measure and report compliance to the
   84  Department of Management Services through the Equipment
   85  Management Information System database.
   86         (4)When procuring new vehicles, all state agencies, state
   87  universities, community colleges, and local governments that
   88  purchase vehicles under a state purchasing plan shall first
   89  define the intended purpose for the vehicle and determine which
   90  of the following use classes for which the vehicle is being
   91  procured:
   92         (a)State business travel, designated operator;
   93         (b)State business travel, pool operators;
   94         (c)Construction, agricultural, or maintenance work;
   95         (d)Conveyance of passengers;
   96         (e)Conveyance of building or maintenance materials and
   97  supplies;
   98         (f)Off-road vehicle, motorcycle, or all-terrain vehicle;
   99         (g)Emergency response; or
  100         (h)Other.
  101  
  102  Vehicles described in paragraphs (a) through (h), when being
  103  processed for purchase or leasing agreements, must be selected
  104  for the greatest fuel efficiency available for a given use class
  105  when fuel economy data are available. Exceptions may be made for
  106  individual vehicles in paragraph (g) when accompanied, during
  107  the procurement process, by documentation indicating that the
  108  operator or operators will exclusively be emergency first
  109  responders or have special documented need for exceptional
  110  vehicle performance characteristics. Any request for an
  111  exception must be approved by the purchasing agency head and any
  112  exceptional performance characteristics denoted as a part of the
  113  procurement process prior to purchase.
  114         (2)(5) All state agencies shall use ethanol and biodiesel
  115  blended fuels when available. State agencies administering
  116  central fueling operations for state-owned vehicles shall
  117  procure biofuels for fleet needs to the greatest extent
  118  practicable.
  119         (3)(a)The Department of Management Services shall, in
  120  consultation with the Department of Commerce and the Department
  121  of Agriculture and Consumer Services, develop a Florida Humane
  122  Preferred Energy Products List. In developing the list, the
  123  department must assess products currently available for purchase
  124  under state term contracts that contain or consist of an energy
  125  storage device with a capacity of greater than one kilowatt-hour
  126  or that contain or consist of an energy generation device with a
  127  capacity of greater than 500 watts and identify specific
  128  products that appear to be largely made free from forced labor,
  129  irrespective of the age of the worker. For purposes of this
  130  subsection, the term “forced labor” means any work performed or
  131  service rendered that is:
  132         1.Obtained by intimidation, fraud, or coercion, including
  133  by threat of serious bodily harm to, or physical restraint
  134  against, a person, by means of a scheme intended to cause the
  135  person to believe that if he or she does not perform such labor
  136  or render such service, the person will suffer serious bodily
  137  harm or physical restraint, or by means of the abuse or
  138  threatened abuse of law or the legal process;
  139         2.Imposed on the basis of a characteristic that has been
  140  held by the United States Supreme Court or the Florida Supreme
  141  Court to be protected against discrimination under the
  142  Fourteenth Amendment to the United States Constitution or under
  143  s. 2, Art. I of the State Constitution, including race, color,
  144  national origin, religion, gender, or physical disability;
  145         3.Not performed or rendered voluntarily by a person; or
  146         4.In violation of the Child Labor Law or otherwise
  147  performed or rendered through oppressive child labor.
  148         (b)When procuring the types of energy products described
  149  in paragraph (a) from state term contracts, state agencies and
  150  political subdivisions shall first consult the Florida Humane
  151  Preferred Energy Products List and may not purchase or procure
  152  products not included in the list.
  153         Section 3. Subsections (1), (2), and (5) of section
  154  366.032, Florida Statutes, are amended to read:
  155         366.032 Preemption over utility service restrictions.—
  156         (1) A municipality, county, special district, development
  157  district, or other political subdivision of the state may not
  158  enact or enforce a resolution, ordinance, rule, code, or policy
  159  or take any action that restricts or prohibits or has the effect
  160  of restricting or prohibiting the types or fuel sources of
  161  energy production which may be used, delivered, converted, or
  162  supplied by the following entities to serve customers that such
  163  entities are authorized to serve:
  164         (a) A public utility or an electric utility as defined in
  165  this chapter;
  166         (b) An entity formed under s. 163.01 that generates, sells,
  167  or transmits electrical energy;
  168         (c) A natural gas utility as defined in s. 366.04(3)(c);
  169         (d) A natural gas transmission company as defined in s.
  170  368.103; or
  171         (e) A Category I liquefied petroleum gas dealer or Category
  172  II liquefied petroleum gas dispenser or Category III liquefied
  173  petroleum gas cylinder exchange operator as defined in s.
  174  527.01.
  175         (2) Except to the extent necessary to enforce the Florida
  176  Building Code adopted pursuant to s. 553.73 or the Florida Fire
  177  Prevention Code adopted pursuant to s. 633.202, a municipality,
  178  county, special district, development district, or other
  179  political subdivision of the state may not enact or enforce a
  180  resolution, an ordinance, a rule, a code, or a policy or take
  181  any action that restricts or prohibits or has the effect of
  182  restricting or prohibiting the use of an appliance, including a
  183  stove or grill, which uses the types or fuel sources of energy
  184  production which may be used, delivered, converted, or supplied
  185  by the entities listed in subsection (1). As used in this
  186  subsection, the term “appliance” means a device or apparatus
  187  manufactured and designed to use energy and for which the
  188  Florida Building Code or the Florida Fire Prevention Code
  189  provides specific requirements.
  190         (5) Any municipality, county, special district, development
  191  district, or political subdivision charter, resolution,
  192  ordinance, rule, code, policy, or action that is preempted by
  193  this act that existed before or on July 1, 2021, is void.
  194         Section 4. Section 366.042, Florida Statutes, is created to
  195  read:
  196         366.042Mutual aid agreements of electric cooperatives and
  197  municipal electric utilities.—
  198         (1)For the purposes of restoring power following a natural
  199  disaster that is subject to a state of emergency declared by the
  200  Governor, all electric cooperatives and municipal electric
  201  utilities shall enter into and maintain, at a minimum, one of
  202  the following:
  203         (a)A mutual aid agreement with a municipal electric
  204  utility;
  205         (b)A mutual aid agreement with an electric cooperative;
  206         (c)A mutual aid agreement with a public utility; or
  207         (d)A pre-event agreement with a private contractor.
  208         (2)All electric cooperatives and municipal electric
  209  utilities operating in this state shall annually submit to the
  210  commission an attestation, in conformity with s. 92.525, stating
  211  that the organization has complied with the requirements of this
  212  section on or before May 15. Nothing in this section shall be
  213  construed to give the commission jurisdiction over the terms and
  214  conditions of a mutual aid agreement or agreement with a private
  215  contractor entered into by an electric cooperative or a
  216  municipal electric utility.
  217         (3)The commission shall compile the attestations and
  218  annually submit a copy to the Division of Emergency Management
  219  no later than May 30.
  220         (4)An electric cooperative or municipal electric utility
  221  that submits the attestation required by this section is
  222  eligible to receive state financial assistance, if such funding
  223  is available, for power restoration efforts following a natural
  224  disaster that is subject to a state of emergency declared by the
  225  Governor.
  226         (5)An electric cooperative or municipal electric utility
  227  that does not submit an attestation required by this section is
  228  ineligible to receive state financial assistance for power
  229  restoration efforts following a natural disaster that is subject
  230  to a state of emergency declared by the Governor, until such
  231  time as the attestation is submitted.
  232         (6)Nothing in this section shall be construed to prohibit,
  233  limit, or disqualify an electric cooperative or municipal
  234  electric utility from receiving funding under The Stafford Act,
  235  42 U.S.C. 5121 et seq., or any other federal program, including
  236  programs administered by the state.
  237         (7)This section does not expand or alter the jurisdiction
  238  of the commission over public utilities or electric utilities.
  239         Section 5. Subsection (4) is added to section 366.94,
  240  Florida Statutes, to read:
  241         366.94 Electric vehicle charging stations.—
  242         (4)Upon petition of a public utility, the commission may
  243  approve voluntary electric vehicle charging programs to become
  244  effective on or after January 1, 2025, to include, but not be
  245  limited to, residential, fleet, and public electric vehicle
  246  charging, upon a determination by the commission that the
  247  utility’s general body of ratepayers, as a whole, will not pay
  248  to support recovery of its electric vehicle charging investment
  249  by the end of the useful life of the assets dedicated to the
  250  electric vehicle charging service. This provision does not
  251  preclude cost recovery for electric vehicle charging programs
  252  approved by the commission before January 1, 2024.
  253         Section 6. Section 366.99, Florida Statutes, is created to
  254  read:
  255         366.99Natural gas facilities relocation costs.—
  256         (1)As used in this section, the term:
  257         (a)“Authority” has the same meaning as in s.
  258  337.401(1)(a).
  259         (b)“Facilities relocation” means the physical moving,
  260  modification, or reconstruction of public utility facilities to
  261  accommodate the requirements imposed by an authority.
  262         (c)“Natural gas facilities” or “facilities” means gas
  263  mains, laterals, and service lines used to distribute natural
  264  gas to customers. The term includes all ancillary equipment
  265  needed for safe operations, including, but not limited to,
  266  regulating stations, meters, other measuring devices,
  267  regulators, and pressure monitoring equipment.
  268         (d)“Natural gas facilities relocation costs” means the
  269  costs to relocate or reconstruct facilities as required by a
  270  mandate, a statute, a law, an ordinance, or an agreement between
  271  the utility and an authority, including, but not limited to,
  272  costs associated with reviewing plans provided by an authority.
  273  The term does not include any costs recovered through the public
  274  utility’s base rates.
  275         (e)“Public utility” or “utility” has the same meaning as
  276  in s. 366.02, except that the term does not include an electric
  277  utility.
  278         (2)A utility may submit to the commission, pursuant to
  279  commission rule, a petition describing the utility’s projected
  280  natural gas facilities relocation costs for the next calendar
  281  year, actual natural gas facilities relocation costs for the
  282  prior calendar year, and proposed cost-recovery factors designed
  283  to recover such costs. A utility’s decision to proceed with
  284  implementing a plan before filing such a petition does not
  285  constitute imprudence.
  286         (3)The commission shall conduct an annual proceeding to
  287  determine each utility’s prudently incurred natural gas
  288  facilities relocation costs and to allow each utility to recover
  289  such costs through a charge separate and apart from base rates,
  290  to be referred to as the natural gas facilities relocation cost
  291  recovery clause. The commission’s review in the proceeding is
  292  limited to determining the prudence of the utility’s actual
  293  incurred natural gas facilities relocation costs and the
  294  reasonableness of the utility’s projected natural gas facilities
  295  relocation costs for the following calendar year; and providing
  296  for a true-up of the costs with the projections on which past
  297  factors were set. The commission shall require that any refund
  298  or collection made as a part of the true-up process includes
  299  interest.
  300         (4)All costs approved for recovery through the natural gas
  301  facilities relocation cost recovery clause must be allocated to
  302  customer classes pursuant to the rate design most recently
  303  approved by the commission.
  304         (5)If a capital expenditure is recoverable as a natural
  305  gas facilities relocation cost, the public utility may recover
  306  the annual depreciation on the cost, calculated at the public
  307  utility’s current approved depreciation rates, and a return on
  308  the undepreciated balance of the costs at the public utility’s
  309  weighted average cost of capital using the last approved return
  310  on equity.
  311         (6)The commission shall adopt rules to implement and
  312  administer this section and shall propose a rule for adoption as
  313  soon as practicable after July 1, 2024.
  314         Section 7. Section 377.601, Florida Statutes, is amended to
  315  read:
  316         377.601 Legislative intent.—
  317         (1) The purpose of the state’s energy policy is to ensure
  318  an adequate, reliable, and cost-effective supply of energy for
  319  the state in a manner that promotes the health and welfare of
  320  the public and economic growth. The Legislature intends that
  321  governance of the state’s energy policy be efficiently directed
  322  toward achieving this purpose The Legislature finds that the
  323  state’s energy security can be increased by lessening dependence
  324  on foreign oil; that the impacts of global climate change can be
  325  reduced through the reduction of greenhouse gas emissions; and
  326  that the implementation of alternative energy technologies can
  327  be a source of new jobs and employment opportunities for many
  328  Floridians. The Legislature further finds that the state is
  329  positioned at the front line against potential impacts of global
  330  climate change. Human and economic costs of those impacts can be
  331  averted by global actions and, where necessary, adapted to by a
  332  concerted effort to make Florida’s communities more resilient
  333  and less vulnerable to these impacts. In focusing the
  334  government’s policy and efforts to benefit and protect our
  335  state, its citizens, and its resources, the Legislature believes
  336  that a single government entity with a specific focus on energy
  337  and climate change is both desirable and advantageous. Further,
  338  the Legislature finds that energy infrastructure provides the
  339  foundation for secure and reliable access to the energy supplies
  340  and services on which Florida depends. Therefore, there is
  341  significant value to Florida consumers that comes from
  342  investment in Florida’s energy infrastructure that increases
  343  system reliability, enhances energy independence and
  344  diversification, stabilizes energy costs, and reduces greenhouse
  345  gas emissions.
  346         (2)For the purposes of subsection (1), the state’s energy
  347  policy must be guided by the following goals:
  348         (a)Ensuring a cost-effective and affordable energy supply.
  349         (b)Ensuring adequate supply and capacity.
  350         (c)Ensuring a secure, resilient, and reliable energy
  351  supply, with an emphasis on a diverse supply of domestic energy
  352  resources.
  353         (d)Protecting public safety.
  354         (e)Protecting the state’s natural resources, including its
  355  coastlines, tributaries, and waterways.
  356         (f)Supporting economic growth.
  357         (3)(2)In furtherance of the goals in subsection (2), it is
  358  the policy of the state of Florida to:
  359         (a) Develop and Promote the cost-effective development and
  360  effective use of a diverse supply of domestic energy resources
  361  in the state and, discourage all forms of energy waste, and
  362  recognize and address the potential of global climate change
  363  wherever possible.
  364         (b) Promote the cost-effective development and maintenance
  365  of energy infrastructure that is resilient to natural and
  366  manmade threats to the security and reliability of the state’s
  367  energy supply Play a leading role in developing and instituting
  368  energy management programs aimed at promoting energy
  369  conservation, energy security, and the reduction of greenhouse
  370  gas emissions.
  371         (c)Reduce reliance on foreign energy resources.
  372         (d)(c) Include energy reliability and security
  373  considerations in all state, regional, and local planning.
  374         (e)(d) Utilize and manage effectively energy resources used
  375  within state agencies.
  376         (f)(e) Encourage local governments to include energy
  377  considerations in all planning and to support their work in
  378  promoting energy management programs.
  379         (g)(f) Include the full participation of citizens in the
  380  development and implementation of energy programs.
  381         (h)(g) Consider in its decisions the energy needs of each
  382  economic sector, including residential, industrial, commercial,
  383  agricultural, and governmental uses, and reduce those needs
  384  whenever possible.
  385         (i)(h) Promote energy education and the public
  386  dissemination of information on energy and its impacts in
  387  relation to the goals in subsection (2) environmental, economic,
  388  and social impact.
  389         (j)(i) Encourage the research, development, demonstration,
  390  and application of domestic energy resources, including the use
  391  of alternative energy resources, particularly renewable energy
  392  resources.
  393         (k)(j) Consider, in its decisionmaking, the impacts of
  394  energy-related activities on the goals in subsection (2) social,
  395  economic, and environmental impacts of energy-related
  396  activities, including the whole-life-cycle impacts of any
  397  potential energy use choices, so that detrimental effects of
  398  these activities are understood and minimized.
  399         (l)(k) Develop and maintain energy emergency preparedness
  400  plans to minimize the effects of an energy shortage within this
  401  state Florida.
  402         Section 8. Subsection (2) of section 377.6015, Florida
  403  Statutes, is amended to read:
  404         377.6015 Department of Agriculture and Consumer Services;
  405  powers and duties.—
  406         (2) The department shall:
  407         (a) Administer the Florida Renewable Energy and Energy
  408  Efficient Technologies Grants Program pursuant to s. 377.804 to
  409  assure a robust grant portfolio.
  410         (a)(b) Develop policy for requiring grantees to provide
  411  royalty-sharing or licensing agreements with state government
  412  for commercialized products developed under a state grant.
  413         (c) Administer the Florida Green Government Grants Act
  414  pursuant to s. 377.808 and set annual priorities for grants.
  415         (b)(d) Administer the information gathering and reporting
  416  functions pursuant to ss. 377.601-377.608.
  417         (e) Administer the provisions of the Florida Energy and
  418  Climate Protection Act pursuant to ss. 377.801-377.804.
  419         (c)(f) Advocate for energy and climate change issues
  420  consistent with the goals in s. 377.601(2) and provide
  421  educational outreach and technical assistance in cooperation
  422  with the state’s academic institutions.
  423         (d)(g) Be a party in the proceedings to adopt goals and
  424  submit comments to the Public Service Commission pursuant to s.
  425  366.82.
  426         (e)(h) Adopt rules pursuant to chapter 120 in order to
  427  implement all powers and duties described in this section.
  428         Section 9. Subsection (1) and paragraphs (e), (f), (h), and
  429  (m) of subsection (2) of section 377.703, Florida Statutes, are
  430  amended to read:
  431         377.703 Additional functions of the Department of
  432  Agriculture and Consumer Services.—
  433         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  434  demand questions have become a major area of concern to the
  435  state which must be dealt with by effective and well-coordinated
  436  state action, it is the intent of the Legislature to promote the
  437  efficient, effective, and economical management of energy
  438  problems, centralize energy coordination responsibilities,
  439  pinpoint responsibility for conducting energy programs, and
  440  ensure the accountability of state agencies for the
  441  implementation of s. 377.601 s. 377.601(2), the state energy
  442  policy. It is the specific intent of the Legislature that
  443  nothing in this act shall in any way change the powers, duties,
  444  and responsibilities assigned by the Florida Electrical Power
  445  Plant Siting Act, part II of chapter 403, or the powers, duties,
  446  and responsibilities of the Florida Public Service Commission.
  447         (2) DUTIES.—The department shall perform the following
  448  functions, unless as otherwise provided, consistent with the
  449  development of a state energy policy:
  450         (e) The department shall analyze energy data collected and
  451  prepare long-range forecasts of energy supply and demand in
  452  coordination with the Florida Public Service Commission, which
  453  is responsible for electricity and natural gas forecasts. To
  454  this end, the forecasts shall contain:
  455         1. An analysis of the relationship of state economic growth
  456  and development to energy supply and demand, including the
  457  constraints to economic growth resulting from energy supply
  458  constraints.
  459         2. Plans for the development of renewable energy resources
  460  and reduction in dependence on depletable energy resources,
  461  particularly oil and natural gas, and An analysis of the extent
  462  to which domestic energy resources, including renewable energy
  463  sources, are being utilized in this the state.
  464         3. Consideration of alternative scenarios of statewide
  465  energy supply and demand for 5, 10, and 20 years to identify
  466  strategies for long-range action, including identification of
  467  potential impacts in relation to the goals in s. 377.601(2)
  468  social, economic, and environmental effects.
  469         4. An assessment of the state’s energy resources, including
  470  examination of the availability of commercially developable and
  471  imported fuels, and an analysis of anticipated impacts in
  472  relation to the goals in s. 377.601(2) effects on the state’s
  473  environment and social services resulting from energy resource
  474  development activities or from energy supply constraints, or
  475  both.
  476         (f) The department shall submit an annual report to the
  477  Governor and the Legislature reflecting its activities and
  478  making recommendations for policies for improvement of the
  479  state’s response to energy supply and demand and its effect on
  480  the health, safety, and welfare of the residents of this state.
  481  The report must include a report from the Florida Public Service
  482  Commission on electricity and natural gas and information on
  483  energy conservation programs conducted and underway in the past
  484  year and include recommendations for energy efficiency and
  485  conservation programs for the state, including:
  486         1. Formulation of specific recommendations for improvement
  487  in the efficiency of energy utilization in governmental,
  488  residential, commercial, industrial, and transportation sectors.
  489         2. Collection and dissemination of information relating to
  490  energy efficiency and conservation.
  491         3. Development and conduct of educational and training
  492  programs relating to energy efficiency and conservation.
  493         4. An analysis of the ways in which state agencies are
  494  seeking to implement s. 377.601 s. 377.601(2), the state energy
  495  policy, and recommendations for better fulfilling this policy.
  496         (h) The department shall promote the development and use of
  497  renewable energy resources, in conformance with chapter 187 and
  498  s. 377.601, by:
  499         1. Establishing goals and strategies for increasing the use
  500  of renewable energy in this state.
  501         1.2. Aiding and promoting the commercialization of
  502  renewable energy resources, in cooperation with the Florida
  503  Energy Systems Consortium; the Florida Solar Energy Center; and
  504  any other federal, state, or local governmental agency that may
  505  seek to promote research, development, and the demonstration of
  506  renewable energy equipment and technology.
  507         2.3. Identifying barriers to greater use of renewable
  508  energy resources in this state, and developing specific
  509  recommendations for overcoming identified barriers, with
  510  findings and recommendations to be submitted annually in the
  511  report to the Governor and Legislature required under paragraph
  512  (f).
  513         3.4. In cooperation with the Department of Environmental
  514  Protection, the Department of Transportation, the Department of
  515  Commerce, the Florida Energy Systems Consortium, the Florida
  516  Solar Energy Center, and the Florida Solar Energy Industries
  517  Association, investigating opportunities, pursuant to the
  518  national Energy Policy Act of 1992, the Housing and Community
  519  Development Act of 1992, and any subsequent federal legislation,
  520  for renewable energy resources, electric vehicles, and other
  521  renewable energy manufacturing, distribution, installation, and
  522  financing efforts that enhance this state’s position as the
  523  leader in renewable energy research, development, and use.
  524         4.5. Undertaking other initiatives to advance the
  525  development and use of renewable energy resources in this state.
  526  
  527  In the exercise of its responsibilities under this paragraph,
  528  the department shall seek the assistance of the renewable energy
  529  industry in this state and other interested parties and may
  530  enter into contracts, retain professional consulting services,
  531  and expend funds appropriated by the Legislature for such
  532  purposes.
  533         (m) In recognition of the devastation to the economy of
  534  this state and the dangers to the health and welfare of
  535  residents of this state caused by severe hurricanes, and the
  536  potential for such impacts caused by other natural disasters,
  537  the Division of Emergency Management shall include in its energy
  538  emergency contingency plan and provide to the Florida Building
  539  Commission for inclusion in the Florida Energy Efficiency Code
  540  for Building Construction specific provisions to facilitate the
  541  use of cost-effective solar energy technologies as emergency
  542  remedial and preventive measures for providing electric power,
  543  street lighting, and water heating service in the event of
  544  electric power outages.
  545         Section 10. Section 377.708, Florida Statutes, is created
  546  to read:
  547         377.708 Wind energy.—
  548         (1) DEFINITIONS.—As used in this section, the term:
  549         (a) “Coastline” means the established line of mean high
  550  water.
  551         (b) “Department” means the Department of Environmental
  552  Protection.
  553         (c) “Offshore wind energy facility” means any wind energy
  554  facility located on waters of this state, including other
  555  buildings, structures, vessels, or electrical transmission
  556  cabling to be sited on waters of this state, or connected to
  557  corresponding onshore substations that are used to support the
  558  operation of one or more wind turbines sited or constructed on
  559  waters of this state and any submerged lands or territorial
  560  waters that are not under the jurisdiction of the state.
  561         (d) “Real property” has the same meaning as provided in s.
  562  192.001(12).
  563         (e) “Waters of this state” has the same meaning as in s.
  564  327.02, except the term also includes all state submerged lands.
  565         (f) “Wind energy facility” means an electrical wind
  566  generation facility or expansion thereof having at least a 400
  567  watt rated capacity, including substations; meteorological data
  568  towers; aboveground, underground, and electrical transmission
  569  lines; and transformers, control systems, and other buildings or
  570  structures under common ownership or operating control used to
  571  support the operation of the facility the primary purpose of
  572  which is to offer electricity supply for sale.
  573         (g) “Wind turbine” means a device or apparatus that has the
  574  capability to convert kinetic wind energy into rotational energy
  575  that drives an electrical generator consisting of a tower body
  576  and rotator with two or more blades. The term includes both
  577  horizontal and vertical axis turbines. The term does not include
  578  devices used to measure wind speed and direction, such as an
  579  anemometer.
  580         (2) PROHIBITED ACTIVITIES.—
  581         (a) The construction, operation, or expansion of an
  582  offshore wind energy facility in this state is prohibited.
  583         (b) The construction or operation of a wind turbine on real
  584  property within 1 mile of coastline in this state is prohibited.
  585         (c) The construction or operation of a wind turbine on
  586  waters of this state and any submerged lands is prohibited.
  587         (3) REVIEW.—The department shall review all applications
  588  for federal wind energy leases in the territorial waters of the
  589  United States adjacent to waters of this state and shall signify
  590  its approval of or objection to each application.
  591         (4) INJUNCTIVE RELIEF.—The department may bring an action
  592  for injunctive relief against any person who owns, constructs,
  593  or operates an offshore wind energy facility or a wind turbine
  594  in this state in violation of this section.
  595         Section 11. Sections 377.801, 377.802, 377.803, 377.804,
  596  377.808, 377.809, and 377.816, Florida Statutes, are repealed.
  597         Section 12. (1) For programs established pursuant to s.
  598  377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
  599  Statutes, there may not be:
  600         (a) New or additional applications, certifications, or
  601  allocations approved.
  602         (b) New letters of certification issued.
  603         (c) New contracts or agreements executed.
  604         (d) New awards made.
  605         (2) All certifications or allocations issued under such
  606  programs are rescinded except for the certifications of, or
  607  allocations to, those certified applicants or projects that
  608  continue to meet the applicable criteria in effect before July
  609  1, 2024. Any existing contract or agreement authorized under any
  610  of these programs shall continue in full force and effect in
  611  accordance with the statutory requirements in effect when the
  612  contract or agreement was executed or last modified. However,
  613  further modifications, extensions, or waivers may not be made or
  614  granted relating to such contracts or agreements, except
  615  computations by the Department of Revenue of the income
  616  generated by or arising out of the qualifying project.
  617         Section 13. Paragraph (d) of subsection (2) of section
  618  220.193, Florida Statutes, is amended to read:
  619         220.193 Florida renewable energy production credit.—
  620         (2) As used in this section, the term:
  621         (d) “Florida renewable energy facility” means a facility in
  622  the state that produces electricity for sale from renewable
  623  energy, as defined in s. 377.803.
  624         Section 14. Subsection (7) of section 288.9606, Florida
  625  Statutes, is amended to read:
  626         288.9606 Issue of revenue bonds.—
  627         (7) Notwithstanding any provision of this section, the
  628  corporation in its corporate capacity may, without authorization
  629  from a public agency under s. 163.01(7), issue revenue bonds or
  630  other evidence of indebtedness under this section to:
  631         (a) Finance the undertaking of any project within the state
  632  that promotes renewable energy as defined in s. 366.91 or s.
  633  377.803;
  634         (b) Finance the undertaking of any project within the state
  635  that is a project contemplated or allowed under s. 406 of the
  636  American Recovery and Reinvestment Act of 2009; or
  637         (c) If permitted by federal law, finance qualifying
  638  improvement projects within the state under s. 163.08; or.
  639         (d) Finance the costs of acquisition or construction of a
  640  transportation facility by a private entity or consortium of
  641  private entities under a public-private partnership agreement
  642  authorized by s. 334.30.
  643         Section 15. Paragraph (w) of subsection (2) of section
  644  380.0651, Florida Statutes, is amended to read:
  645         380.0651 Statewide guidelines, standards, and exemptions.—
  646         (2) STATUTORY EXEMPTIONS.—The following developments are
  647  exempt from s. 380.06:
  648         (w) Any development in an energy economic zone designated
  649  pursuant to s. 377.809 upon approval by its local governing
  650  body.
  651  
  652  If a use is exempt from review pursuant to paragraphs (a)-(u),
  653  but will be part of a larger project that is subject to review
  654  pursuant to s. 380.06(12), the impact of the exempt use must be
  655  included in the review of the larger project, unless such exempt
  656  use involves a development that includes a landowner, tenant, or
  657  user that has entered into a funding agreement with the state
  658  land planning agency under the Innovation Incentive Program and
  659  the agreement contemplates a state award of at least $50
  660  million.
  661         Section 16. Subsection (2) of section 403.9405, Florida
  662  Statutes, is amended to read:
  663         403.9405 Applicability; certification; exemption; notice of
  664  intent.—
  665         (2) No construction of A natural gas transmission pipeline
  666  may not be constructed be undertaken after October 1, 1992,
  667  without first obtaining certification under ss. 403.9401
  668  403.9425, but these sections do not apply to:
  669         (a) Natural gas transmission pipelines which are less than
  670  100 15 miles in length or which do not cross a county line,
  671  unless the applicant has elected to apply for certification
  672  under ss. 403.9401-403.9425.
  673         (b) Natural gas transmission pipelines for which a
  674  certificate of public convenience and necessity has been issued
  675  under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
  676  natural gas transmission pipeline certified as an associated
  677  facility to an electrical power plant pursuant to the Florida
  678  Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
  679  the applicant elects to apply for certification of that pipeline
  680  under ss. 403.9401-403.9425.
  681         (c) Natural gas transmission pipelines that are owned or
  682  operated by a municipality or any agency thereof, by any person
  683  primarily for the local distribution of natural gas, or by a
  684  special district created by special act to distribute natural
  685  gas, unless the applicant elects to apply for certification of
  686  that pipeline under ss. 403.9401-403.9425.
  687         Section 17. Subsection (3) of section 720.3075, Florida
  688  Statutes, is amended to read:
  689         720.3075 Prohibited clauses in association documents.—
  690         (3) Homeowners’ association documents, including
  691  declarations of covenants, articles of incorporation, or bylaws,
  692  may not preclude:
  693         (a) The display of up to two portable, removable flags as
  694  described in s. 720.304(2)(a) by property owners. However, all
  695  flags must be displayed in a respectful manner consistent with
  696  the requirements for the United States flag under 36 U.S.C.
  697  chapter 10.
  698         (b) Types or fuel sources of energy production which may be
  699  used, delivered, converted, or supplied by the following
  700  entities to serve customers within the association that such
  701  entities are authorized to serve:
  702         1. A public utility or an electric utility as defined in
  703  chapter 366;
  704         2. An entity formed under s. 163.01 that generates, sells,
  705  or transmits electrical energy;
  706         3. A natural gas utility as defined in s. 366.04(3)(c);
  707         4. A natural gas transmission company as defined in s.
  708  368.103; or
  709         5. A Category I liquefied petroleum gas dealer, a Category
  710  II liquefied petroleum gas dispenser, or a Category III
  711  liquefied petroleum gas cylinder exchange operator as defined in
  712  s. 527.01.
  713         (c) The use of an appliance, including a stove or grill,
  714  which uses the types or fuel sources of energy production which
  715  may be used, delivered, converted, or supplied by the entities
  716  listed in paragraph (b). As used in this paragraph, the term
  717  “appliance” means a device or apparatus manufactured and
  718  designed to use energy and for which the Florida Building Code
  719  or the Florida Fire Prevention Code provides specific
  720  requirements.
  721         Section 18. (1) The Public Service Commission shall conduct
  722  an assessment of the security and resiliency of the state’s
  723  electric grid and natural gas facilities against both physical
  724  threats and cyber threats. In conducting this assessment, the
  725  commission shall consult with the Division of Emergency
  726  Management and, in its assessment of cyber threats, shall
  727  consult with the Florida Digital Service. All electric
  728  utilities, natural gas utilities, and natural gas pipelines
  729  operating in this state, regardless of ownership structure,
  730  shall cooperate with the commission to provide access to all
  731  information necessary to conduct the assessment.
  732         (2) By July 1, 2025, the commission shall submit a report
  733  of its assessment to the Governor, the President of the Senate,
  734  and the Speaker of the House of Representatives. The report must
  735  also contain any recommendations for potential legislative or
  736  administrative actions that may enhance the physical security or
  737  cyber security of the state’s electric grid or natural gas
  738  facilities.
  739         Section 19. (1) Recognizing the evolution and advances that
  740  have occurred and continue to occur in nuclear power
  741  technologies, the Public Service Commission shall study and
  742  evaluate the technical and economic feasibility of using
  743  advanced nuclear power technologies, including small modular
  744  reactors, to meet the electrical power needs of the state, and
  745  research means to encourage and foster the installation and use
  746  of such technologies at military installations in the state in
  747  partnership with public utilities. In conducting this study, the
  748  commission shall consult with the Department of Environmental
  749  Protection and the Division of Emergency Management.
  750         (2) By April 1, 2025, the commission shall prepare and
  751  submit a report to the Governor, the President of the Senate,
  752  and the Speaker of the House of Representatives, containing its
  753  findings and any recommendations for potential legislative or
  754  administrative actions that may enhance the use of advanced
  755  nuclear technologies in a manner consistent with the energy
  756  policy goals in s. 377.601(2), Florida Statutes.
  757         Section 20. (1) Recognizing the continued development of
  758  technologies that support the use of hydrogen as a
  759  transportation fuel and the potential for such use to help meet
  760  the state’s energy policy goals in s. 377.601(2), Florida
  761  Statutes, the Department of Transportation, in consultation with
  762  the Office of Energy within the Department of Agriculture and
  763  Consumer Services, shall study and evaluate the potential
  764  development of hydrogen fueling infrastructure, including
  765  fueling stations, to support hydrogen-powered vehicles that use
  766  the State Highway System.
  767         (2) By April 1, 2025, the Department of Transportation
  768  shall prepare and submit a report to the Governor, the President
  769  of the Senate, and the Speaker of the House of Representatives,
  770  containing its findings and any recommendations for potential
  771  legislative or administrative actions that may accommodate the
  772  future development of hydrogen fueling infrastructure in a
  773  manner consistent with the energy policy goals in s. 377.601(2),
  774  Florida Statutes.
  775         Section 21. This act shall take effect July 1, 2024.
  776  
  777  ================= T I T L E  A M E N D M E N T ================
  778  And the title is amended as follows:
  779         Delete everything before the enacting clause
  780  and insert:
  781                        A bill to be entitled                      
  782         An act relating to energy resources; creating s.
  783         163.3210, F.S.; providing legislative intent; defining
  784         terms; providing that resilience facilities are a
  785         permitted use in certain land use categories in local
  786         government comprehensive plans and specified districts
  787         if certain criteria are met; authorizing local
  788         governments to adopt ordinances specifying certain
  789         requirements for resiliency facilities if such
  790         ordinances meet certain requirements; prohibiting
  791         amendments after a specified date to a local
  792         government’s comprehensive plan, land use map, zoning
  793         districts, or land development regulations if such
  794         amendments would conflict with resiliency facility
  795         classification; amending s. 286.29, F.S.; revising
  796         energy guidelines for public businesses; eliminating
  797         the requirement that the Department of Management
  798         Services develop and maintain the Florida Climate
  799         Friendly Preferred Products List; deleting the
  800         requirement that state agencies contract for meeting
  801         and conference space only with facilities that have a
  802         Green Lodging designations; deleting the requirement
  803         that state agencies, state universities, community
  804         colleges, and local governments that procure new
  805         vehicles under a state purchasing plan select certain
  806         vehicles under a specified circumstance; requiring the
  807         Department of Management Services to develop a Florida
  808         Humane Preferred Energy Products List in consultation
  809         with the Department of Commerce and the Department of
  810         Agriculture and Consumer Services; providing
  811         assessment requirements developing the list; defining
  812         the term “forced labor”; requiring state agencies and
  813         political subdivisions that procure energy products
  814         from state term contracts to consult the list and
  815         purchase or procure such products; prohibiting state
  816         agencies and political subdivisions from purchasing or
  817         procuring products not included on the list; amending
  818         s. 366.032, F.S.; including development districts as a
  819         type of political subdivision for purposes of
  820         preemption over utility service restrictions; creating
  821         s. 366.042, F.S.; requiring electric cooperatives and
  822         municipal electric utilities to enter into and
  823         maintain at least one mutual aid agreement or pre
  824         event agreement with certain entities for purposes of
  825         restoring power after a natural disaster; requiring
  826         electric cooperatives and municipal electric utilities
  827         to annually submit attestations of compliance to the
  828         Public Service Commission; requiring the commission to
  829         compile the attestations and annually submit a copy of
  830         such attestations to the Division of Emergency
  831         Management; providing that the submission of such
  832         attestations makes electric cooperatives and municipal
  833         electric utilities eligible to receive state financial
  834         assistance; providing that electric cooperatives and
  835         municipal electric utilities that do not submit such
  836         attestations are not eligible to receive state
  837         financial assistance until such attestations are
  838         submitted; providing construction; amending s. 366.94,
  839         F.S.; removing terminology; authorizing the commission
  840         to approve voluntary electric vehicle charging
  841         programs upon petition of a public utility, to become
  842         effective on or after a specified date, if certain
  843         requirements are met; providing applicability;
  844         creating s. 366.99, F.S.; defining terms; authorizing
  845         public utilities to submit to the commission a
  846         petition for a proposed cost recovery for certain
  847         natural gas facilities relocation costs; requiring the
  848         commission to conduct annual proceedings to determine
  849         each utility’s prudently incurred natural gas
  850         facilities relocation costs and to allow for the
  851         recovery of such costs; providing requirements for the
  852         commission’s review; providing requirements for the
  853         allocation of such recovered costs; requiring the
  854         commission to adopt rules; providing a timeframe for
  855         such rulemaking; amending s. 377.601, F.S.; revising
  856         legislative intent; amending s. 377.6015, F.S.;
  857         revising the powers and duties of the Department of
  858         Agriculture and Consumer Services; conforming
  859         provisions to changes made by the act; amending s.
  860         377.703, F.S.; revising additional functions of the
  861         department relating to energy resources; conforming
  862         provisions to changes made by the act; creating s.
  863         377.708, F.S.; defining terms; prohibiting the
  864         construction, operation, or expansion of certain wind
  865         energy facilities and wind turbines in this state;
  866         requiring the Department of Environmental Protection
  867         to review applications for federal wind energy leases
  868         in territorial waters of the United States adjacent to
  869         waters of this state and signify its approval or
  870         objection to such applications; authorizing the
  871         department to seek injunctive relief for violations;
  872         repealing ss. 377.801, 377.802, 377.803, 377.804,
  873         377.808, 377.809, and 377.816, F.S., relating to the
  874         Florida Energy and Climate Protection Act, the purpose
  875         of the act, definitions under the act, the Renewable
  876         Energy and Energy-Efficient Technologies Grants
  877         Program, the Florida Green Government Grants Act, the
  878         Energy Economic Zone Pilot Program, and the Qualified
  879         Energy Conservation Bond Allocation Program,
  880         respectively; prohibiting the approval of new or
  881         additional applications, certifications, or
  882         allocations under such programs; prohibiting new
  883         contracts, agreements, and awards under such programs;
  884         rescinding all certifications or allocations issued
  885         under such programs; providing an exception; providing
  886         applicability relating to existing contracts or
  887         agreements under such programs; amending ss. 220.193,
  888         288.9606, and 380.0651, F.S.; conforming provisions to
  889         changes made by the act; amending s. 403.9405, F.S.;
  890         revising the applicability of the Natural Gas
  891         Transmission Pipeline Siting Act; amending s.
  892         720.3075, F.S.; prohibiting certain homeowners’
  893         association documents from precluding certain types or
  894         fuel sources of energy production and the use of
  895         certain appliances; defining the term “appliance”;
  896         requiring the commission to conduct an assessment of
  897         the security and resiliency of the state’s electric
  898         grid and natural gas facilities against physical
  899         threats and cyber threats; requiring the commission to
  900         consult with the Division of Emergency Management and
  901         the Florida Digital Service; requiring cooperation
  902         from all operating facilities in the state relating to
  903         such assessment; requiring the commission to submit by
  904         a specified date a report of such assessment to the
  905         Governor and the Legislature; providing additional
  906         content requirements for such report; requiring the
  907         commission to study and evaluate the technical and
  908         economic feasibility of using advanced nuclear power
  909         technologies to meet the electrical power needs of
  910         this state; requiring the commission to research means
  911         to encourage and foster the installation and use of
  912         such technologies at military installations in
  913         partnership with public utilities; requiring the
  914         commission to consult with the Department of
  915         Environmental Protection and the Division of Emergency
  916         Management; requiring the commission to submit by a
  917         specified date a report to the Governor and the
  918         Legislature which contains its findings and any
  919         additional recommendations for potential legislative
  920         or administrative actions; requiring the Department of
  921         Transportation, in consultation with the Office of
  922         Energy within the Department of Agriculture and
  923         Consumer Services, to study and evaluate the potential
  924         development of hydrogen fueling infrastructure to
  925         support hydrogen-powered vehicles; requiring the
  926         Department of Transportation to submit by a specified
  927         date a report to the Governor and the Legislature
  928         which contains its findings and recommendations for
  929         legislative or administrative actions that may
  930         accommodate the future development of hydrogen fueling
  931         infrastructure; providing an effective date.