Florida Senate - 2024                             CS for SB 1624
       
       
        
       By the Committee on Regulated Industries; and Senator Collins
       
       
       
       
       
       580-02630-24                                          20241624c1
    1                        A bill to be entitled                      
    2         An act relating to energy resources; creating s.
    3         163.3210, F.S.; providing legislative intent; defining
    4         terms; allowing resiliency facilities in certain land
    5         use categories in local government comprehensive plans
    6         and specified districts if certain criteria are met;
    7         authorizing local governments to adopt ordinances for
    8         resiliency facilities if certain requirements are met;
    9         prohibiting amendments to a local government’s
   10         comprehensive plan, land use map, zoning districts, or
   11         land development regulations in a manner that would
   12         conflict with resiliency facility classification after
   13         a specified date; amending s. 286.29, F.S.; revising
   14         energy guidelines for public businesses; deleting the
   15         requirement that the Department of Management Services
   16         develop and maintain the Florida Climate-Friendly
   17         Preferred Products List; deleting the requirement that
   18         state agencies contract for meeting and conference
   19         space only with facilities that have Green Lodging
   20         designations; deleting the requirement that state
   21         agencies, state universities, community colleges, and
   22         local governments that procure new vehicles under a
   23         state purchasing plan select certain vehicles under a
   24         specified circumstance; requiring the Department of
   25         Management Services to develop a Florida Humane
   26         Preferred Energy Products List in consultation with
   27         the Department of Commerce and the Department of
   28         Agriculture and Consumer Services; providing for
   29         assessment considerations in developing the list;
   30         defining the term “forced labor”; requiring state
   31         agencies and political subdivisions that procure
   32         energy products from state term contracts to consult
   33         the list and purchase or procure such products;
   34         prohibiting state agencies and political subdivisions
   35         from purchasing or procuring products not included in
   36         the list; amending s. 337.25, F.S.; prohibiting the
   37         Department of Transportation from assigning or
   38         transferring its permitting rights across
   39         transportation rights-of-way operated by the
   40         department to certain third parties under certain
   41         circumstances; amending s. 337.403, F.S.; prohibiting
   42         authorities from requiring the relocation of utilities
   43         on behalf of certain other third-party or governmental
   44         agency projects; amending s. 366.032, F.S.; including
   45         development districts as a type of political
   46         subdivision for purposes of preemption over utility
   47         service restrictions; amending s. 366.04, F.S.;
   48         requiring the Public Service Commission to approve
   49         targeted storm reserve amounts for public utilities;
   50         providing requirements for the targeted storm reserve
   51         amounts; providing for base rate adjustments; amending
   52         s. 366.075, F.S.; authorizing the commission to
   53         establish an experimental mechanism to facilitate
   54         energy infrastructure investment for renewable natural
   55         gas; providing requirements for the experimental
   56         mechanism; requiring the commission to adopt rules;
   57         providing a timeframe for such rulemaking; amending s.
   58         366.94, F.S.; deleting terminology; conforming
   59         provisions to changes made by the act; authorizing the
   60         commission upon a specified date to approve voluntary
   61         public utility programs for electric vehicle charging
   62         if certain requirements are met; requiring that all
   63         revenues received from such program be credited to the
   64         public utility’s general body of ratepayers; providing
   65         applicability; creating s. 366.99, F.S.; defining
   66         terms; authorizing public utilities to submit to the
   67         commission a petition for a proposed cost recovery for
   68         certain natural gas facilities relocation costs;
   69         requiring the commission to conduct annual proceedings
   70         to determine each utility’s prudently incurred natural
   71         gas facilities relocation costs and to allow for the
   72         recovery of such costs; providing requirements for the
   73         commission’s review; providing requirements for the
   74         allocation of such recovered costs; requiring the
   75         commission to adopt rules; providing a timeframe for
   76         such rulemaking; amending s. 377.601, F.S.; revising
   77         legislative intent; amending s. 377.6015, F.S.;
   78         revising the powers and duties of the department;
   79         conforming provisions to changes made by the act;
   80         amending s. 377.703, F.S.; revising additional
   81         functions of the department relating to energy
   82         resources; conforming provisions to changes made by
   83         the act; repealing ss. 377.801, 377.802, 377.803,
   84         377.804, 377.808, 377.809, and 377.816, F.S., relating
   85         to the Florida Energy and Climate Protection Act, the
   86         purpose of the act, and definitions under the act, the
   87         Renewable Energy and Energy-Efficient Technologies
   88         Grants Program, the Florida Green Government Grants
   89         Act, the Energy Economic Zone Pilot Program, and the
   90         qualified energy conservation bond allocation;
   91         prohibiting the approval of new or additional
   92         applications, certifications, or allocations under
   93         such programs; prohibiting new contracts, agreements,
   94         and awards under such programs; rescinding all
   95         certifications or allocations issued under such
   96         programs; providing an exception; providing
   97         application relating to existing contracts or
   98         agreements under such programs; amending ss. 288.9606
   99         and 380.0651, F.S.; conforming provisions to changes
  100         made by the act; amending s. 403.9405, F.S.; revising
  101         the applicability of the Natural Gas Transmission
  102         Pipeline Siting Act; amending s. 409.508, F.S.;
  103         defining and redefining terms; requiring the
  104         Department of Commerce to expand categorical
  105         eligibility for the low-income home energy assistance
  106         program to include individuals who are enrolled in
  107         certain federal disability programs; requiring the
  108         department to develop a comprehensive process for
  109         automatic payments to be made on behalf of such
  110         individuals; providing requirements for such process;
  111         making technical changes; amending s. 720.3075, F.S.;
  112         prohibiting certain homeowners’ association documents
  113         from precluding certain types or fuel sources of
  114         energy production and the use of certain appliances;
  115         defining the term “appliance”; requiring the
  116         commission to conduct an assessment of the security
  117         and resiliency of the state’s electric grid and
  118         natural gas facilities against physical threats and
  119         cyber threats; requiring the commission to consult
  120         with the Florida Digital Service; requiring
  121         cooperation from all operating facilities in the state
  122         relating to such assessment; requiring the commission
  123         to submit by a specified date a report of such
  124         assessment to the Governor and the Legislature;
  125         providing additional content requirements for such
  126         report; requiring the commission to study and evaluate
  127         the technical and economic feasibility of using
  128         advanced nuclear power technologies to meet the
  129         electrical power needs of the state; requiring the
  130         commission to submit by a specified date a report to
  131         the Governor and the Legislature which contains its
  132         findings and any additional recommendations for
  133         potential legislative or administrative actions;
  134         requiring the Department of Transportation, in
  135         consultation with the Office of Energy within the
  136         Department of Agriculture and Consumer Services, to
  137         study and evaluate the potential development of
  138         hydrogen fueling infrastructure to support hydrogen
  139         powered vehicles; requiring the department to submit,
  140         by a specified date, a report to the Governor and the
  141         Legislature that contains its findings and
  142         recommendations for specified actions that may
  143         accommodate the future development of hydrogen fueling
  144         infrastructure; amending s. 220.193, F.S.; conforming
  145         a cross-reference; providing an effective date.
  146          
  147  Be It Enacted by the Legislature of the State of Florida:
  148  
  149         Section 1. Section 163.3210, Florida Statutes, is created
  150  to read:
  151         163.3210Natural gas resiliency and reliability
  152  infrastructure.
  153         (1)It is the intent of the Legislature to maintain,
  154  encourage, and ensure adequate and reliable fuel sources for
  155  public utilities. The resiliency and reliability of fuel sources
  156  for public utilities is critical to the state’s economy; the
  157  ability of the state to recover from natural disasters; and to
  158  the health, safety, welfare, and quality of life of the
  159  residents of the state.
  160         (2)As used in this section, the term:
  161         (a)“Natural gas” means all forms of fuel commonly or
  162  commercially known or sold as natural gas, including compressed
  163  natural gas and liquefied natural gas.
  164         (b)“Natural gas reserve” means a facility that is capable
  165  of storing and transporting and, when operational, actively
  166  stores and transports a supply of natural gas.
  167         (c)“Public utility” has the same meaning as defined in s.
  168  366.02.
  169         (d)“Resiliency facility” means a facility owned and
  170  operated by a public utility for the purposes of assembling,
  171  creating, holding, securing, or deploying natural gas reserves
  172  for temporary use during a system outage or natural disaster.
  173         (3)A resiliency facility is a permitted use in all
  174  commercial, industrial, and manufacturing land use categories in
  175  a local government comprehensive plan and all commercial,
  176  industrial, and manufacturing districts. A resiliency facility
  177  must comply with the setback and landscape criteria for other
  178  similar uses. A local government may adopt an ordinance
  179  specifying buffer and landscaping requirements for resiliency
  180  facilities, provided that such requirements do not exceed the
  181  requirements for similar uses involving the construction of
  182  other facilities that are permitted uses in commercial,
  183  industrial, and manufacturing land use categories and zoning
  184  districts.
  185         (4)After July 1, 2024, a local government may not amend
  186  its comprehensive plan, land use map, zoning districts, or land
  187  development regulations in a manner that would conflict with a
  188  resiliency facility’s classification as a permitted and
  189  allowable use, including, but not limited to, an amendment that
  190  causes a resiliency facility to be a nonconforming use,
  191  structure, or development.
  192         Section 2. Section 286.29, Florida Statutes, is amended to
  193  read:
  194         286.29 Energy guidelines for Climate-friendly public
  195  business.—The Legislature recognizes the importance of
  196  leadership by state government in the area of energy efficiency
  197  and in reducing the greenhouse gas emissions of state government
  198  operations. The following shall pertain to all state agencies
  199  when conducting public business:
  200         (1) The Department of Management Services shall develop the
  201  “Florida Climate-Friendly Preferred Products List.” In
  202  maintaining that list, the department, in consultation with the
  203  Department of Environmental Protection, shall continually assess
  204  products currently available for purchase under state term
  205  contracts to identify specific products and vendors that offer
  206  clear energy efficiency or other environmental benefits over
  207  competing products. When procuring products from state term
  208  contracts, state agencies shall first consult the Florida
  209  Climate-Friendly Preferred Products List and procure such
  210  products if the price is comparable.
  211         (2)State agencies shall contract for meeting and
  212  conference space only with hotels or conference facilities that
  213  have received the “Green Lodging” designation from the
  214  Department of Environmental Protection for best practices in
  215  water, energy, and waste efficiency standards, unless the
  216  responsible state agency head makes a determination that no
  217  other viable alternative exists.
  218         (3) Each state agency shall ensure that all maintained
  219  vehicles meet minimum maintenance schedules shown to reduce fuel
  220  consumption, which include:
  221         (a) Ensuring appropriate tire pressures and tread depth.;
  222         (b) Replacing fuel filters and emission filters at
  223  recommended intervals.;
  224         (c) Using proper motor oils.; and
  225         (d) Performing timely motor maintenance.
  226  
  227  Each state agency shall measure and report compliance to the
  228  Department of Management Services through the Equipment
  229  Management Information System database.
  230         (4)When procuring new vehicles, all state agencies, state
  231  universities, community colleges, and local governments that
  232  purchase vehicles under a state purchasing plan shall first
  233  define the intended purpose for the vehicle and determine which
  234  of the following use classes for which the vehicle is being
  235  procured:
  236         (a)State business travel, designated operator;
  237         (b)State business travel, pool operators;
  238         (c)Construction, agricultural, or maintenance work;
  239         (d)Conveyance of passengers;
  240         (e)Conveyance of building or maintenance materials and
  241  supplies;
  242         (f)Off-road vehicle, motorcycle, or all-terrain vehicle;
  243         (g)Emergency response; or
  244         (h)Other.
  245  
  246  Vehicles described in paragraphs (a) through (h), when being
  247  processed for purchase or leasing agreements, must be selected
  248  for the greatest fuel efficiency available for a given use class
  249  when fuel economy data are available. Exceptions may be made for
  250  individual vehicles in paragraph (g) when accompanied, during
  251  the procurement process, by documentation indicating that the
  252  operator or operators will exclusively be emergency first
  253  responders or have special documented need for exceptional
  254  vehicle performance characteristics. Any request for an
  255  exception must be approved by the purchasing agency head and any
  256  exceptional performance characteristics denoted as a part of the
  257  procurement process prior to purchase.
  258         (2)(5) All state agencies shall use ethanol and biodiesel
  259  blended fuels when available. State agencies administering
  260  central fueling operations for state-owned vehicles shall
  261  procure biofuels for fleet needs to the greatest extent
  262  practicable.
  263         (3)(a)The Department of Management Services shall, in
  264  consultation with the Department of Commerce and the Department
  265  of Agriculture and Consumer Services, develop a Florida Humane
  266  Preferred Energy Products List. In developing the list, the
  267  department must assess products currently available for purchase
  268  under state term contracts that contain or consist of an energy
  269  storage device with a capacity of greater than one kilowatt or
  270  that contain or consist of an energy generation device with a
  271  capacity of greater than 500 kilowatts and identify specific
  272  products that appear to be largely made free from forced labor,
  273  irrespective of the age of the worker. For purposes of this
  274  subsection, the term “forced labor” means any work performed or
  275  service rendered that is:
  276         1.Obtained by intimidation, fraud, or coercion, including
  277  by threat of serious bodily harm to, or physical restraint
  278  against, a person, by means of a scheme intended to cause the
  279  person to believe that if he or she does not perform such labor
  280  or render such service, the person will suffer serious bodily
  281  harm or physical restraint, or by means of the abuse or
  282  threatened abuse of law or the legal process;
  283         2.Imposed on the basis of a characteristic that has been
  284  held by the United States Supreme Court or the Florida Supreme
  285  Court to be protected against discrimination under the
  286  Fourteenth Amendment to the United States Constitution or under
  287  s. 2, Art. I of the State Constitution, including race, color,
  288  national origin, religion, gender, or physical disability;
  289         3.Not performed or rendered voluntarily by a person; or
  290         4.In violation of the Child Labor Law or otherwise
  291  performed or rendered through oppressive child labor.
  292         (b)When procuring the types of energy products described
  293  in paragraph (a) from state term contracts, state agencies and
  294  political subdivisions shall first consult the Florida Humane
  295  Preferred Energy Products List and may not purchase or procure
  296  products not included in the list.
  297         Section 3. Paragraph (e) is added to subsection (1) of
  298  section 337.25, Florida Statutes, to read:
  299         337.25 Acquisition, lease, and disposal of real and
  300  personal property.—
  301         (1)
  302         (e)The department may not, without prior approval from the
  303  Legislature, assign or transfer its permitting rights across any
  304  transportation right-of-way operated by the department to a
  305  third party or governmental entity that does not operate the
  306  transportation right-of-way.
  307         Section 4. Subsection (1) of section 337.403, Florida
  308  Statutes, is amended to read:
  309         337.403 Interference caused by utility; expenses.—
  310         (1) If a utility that is placed upon, under, over, or
  311  within the right-of-way limits of any public road or publicly
  312  owned rail corridor is found by the authority to be unreasonably
  313  interfering in any way with the convenient, safe, or continuous
  314  use, or the maintenance, improvement, extension, or expansion,
  315  of such public road or publicly owned rail corridor, the utility
  316  owner shall, upon 30 days’ written notice to the utility or its
  317  agent by the authority, initiate the work necessary to alleviate
  318  the interference at its own expense except as provided in
  319  paragraphs (a)-(j). The authority may not require a utility
  320  within a public road operated by the authority to be relocated
  321  on behalf of any other third-party or governmental agency
  322  project related to a separate public or private road or
  323  transportation corridor. The work must be completed within such
  324  reasonable time as stated in the notice or such time as agreed
  325  to by the authority and the utility owner.
  326         (a) If the relocation of utility facilities, as referred to
  327  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  328  84-627, is necessitated by the construction of a project on the
  329  federal-aid interstate system, including extensions thereof
  330  within urban areas, and the cost of the project is eligible and
  331  approved for reimbursement by the Federal Government to the
  332  extent of 90 percent or more under the Federal-Aid Highway Act,
  333  or any amendment thereof, then in that event the utility owning
  334  or operating such facilities shall perform any necessary work
  335  upon notice from the department, and the state shall pay the
  336  entire expense properly attributable to such work after
  337  deducting therefrom any increase in the value of a new facility
  338  and any salvage value derived from an old facility.
  339         (b) When a joint agreement between the department and the
  340  utility is executed for utility work to be accomplished as part
  341  of a contract for construction of a transportation facility, the
  342  department may participate in those utility work costs that
  343  exceed the department’s official estimate of the cost of the
  344  work by more than 10 percent. The amount of such participation
  345  is limited to the difference between the official estimate of
  346  all the work in the joint agreement plus 10 percent and the
  347  amount awarded for this work in the construction contract for
  348  such work. The department may not participate in any utility
  349  work costs that occur as a result of changes or additions during
  350  the course of the contract.
  351         (c) When an agreement between the department and utility is
  352  executed for utility work to be accomplished in advance of a
  353  contract for construction of a transportation facility, the
  354  department may participate in the cost of clearing and grubbing
  355  necessary to perform such work.
  356         (d) If the utility facility was initially installed to
  357  exclusively serve the authority or its tenants, or both, the
  358  authority shall bear the costs of the utility work. However, the
  359  authority is not responsible for the cost of utility work
  360  related to any subsequent additions to that facility for the
  361  purpose of serving others. For a county or municipality, if such
  362  utility facility was installed in the right-of-way as a means to
  363  serve a county or municipal facility on a parcel of property
  364  adjacent to the right-of-way and if the intended use of the
  365  county or municipal facility is for a use other than
  366  transportation purposes, the obligation of the county or
  367  municipality to bear the costs of the utility work shall extend
  368  only to utility work on the parcel of property on which the
  369  facility of the county or municipality originally served by the
  370  utility facility is located.
  371         (e) If, under an agreement between a utility and the
  372  authority entered into after July 1, 2009, the utility conveys,
  373  subordinates, or relinquishes a compensable property right to
  374  the authority for the purpose of accommodating the acquisition
  375  or use of the right-of-way by the authority, without the
  376  agreement expressly addressing future responsibility for the
  377  cost of necessary utility work, the authority shall bear the
  378  cost of removal or relocation. This paragraph does not impair or
  379  restrict, and may not be used to interpret, the terms of any
  380  such agreement entered into before July 1, 2009.
  381         (f) If the utility is an electric facility being relocated
  382  underground in order to enhance vehicular, bicycle, and
  383  pedestrian safety and in which ownership of the electric
  384  facility to be placed underground has been transferred from a
  385  private to a public utility within the past 5 years, the
  386  department shall incur all costs of the necessary utility work.
  387         (g) An authority may bear the costs of utility work
  388  required to eliminate an unreasonable interference when the
  389  utility is not able to establish that it has a compensable
  390  property right in the particular property where the utility is
  391  located if:
  392         1. The utility was physically located on the particular
  393  property before the authority acquired rights in the property;
  394         2. The utility demonstrates that it has a compensable
  395  property right in adjacent properties along the alignment of the
  396  utility or, after due diligence, certifies that the utility does
  397  not have evidence to prove or disprove that it has a compensable
  398  property right in the particular property where the utility is
  399  located; and
  400         3. The information available to the authority does not
  401  establish the relative priorities of the authority’s and the
  402  utility’s interests in the particular property.
  403         (h) If a municipally owned utility or county-owned utility
  404  is located in a rural area of opportunity, as defined in s.
  405  288.0656(2), and the department determines that the utility is
  406  unable, and will not be able within the next 10 years, to pay
  407  for the cost of utility work necessitated by a department
  408  project on the State Highway System, the department may pay, in
  409  whole or in part, the cost of such utility work performed by the
  410  department or its contractor.
  411         (i) If the relocation of utility facilities is necessitated
  412  by the construction of a commuter rail service project or an
  413  intercity passenger rail service project and the cost of the
  414  project is eligible and approved for reimbursement by the
  415  Federal Government, then in that event the utility owning or
  416  operating such facilities located by permit on a department
  417  owned rail corridor shall perform any necessary utility
  418  relocation work upon notice from the department, and the
  419  department shall pay the expense properly attributable to such
  420  utility relocation work in the same proportion as federal funds
  421  are expended on the commuter rail service project or an
  422  intercity passenger rail service project after deducting
  423  therefrom any increase in the value of a new facility and any
  424  salvage value derived from an old facility. In no event shall
  425  the state be required to use state dollars for such utility
  426  relocation work. This paragraph does not apply to any phase of
  427  the Central Florida Commuter Rail project, known as SunRail.
  428         (j) If a utility is lawfully located within an existing and
  429  valid utility easement granted by recorded plat, regardless of
  430  whether such land was subsequently acquired by the authority by
  431  dedication, transfer of fee, or otherwise, the authority must
  432  bear the cost of the utility work required to eliminate an
  433  unreasonable interference. The authority shall pay the entire
  434  expense properly attributable to such work after deducting any
  435  increase in the value of a new facility and any salvage value
  436  derived from an old facility.
  437         Section 5. Subsections (1), (2), and (5) of section
  438  366.032, Florida Statutes, are amended to read:
  439         366.032 Preemption over utility service restrictions.—
  440         (1) A municipality, county, special district, development
  441  district, or other political subdivision of the state may not
  442  enact or enforce a resolution, ordinance, rule, code, or policy
  443  or take any action that restricts or prohibits or has the effect
  444  of restricting or prohibiting the types or fuel sources of
  445  energy production which may be used, delivered, converted, or
  446  supplied by the following entities to serve customers that such
  447  entities are authorized to serve:
  448         (a) A public utility or an electric utility as defined in
  449  this chapter;
  450         (b) An entity formed under s. 163.01 that generates, sells,
  451  or transmits electrical energy;
  452         (c) A natural gas utility as defined in s. 366.04(3)(c);
  453         (d) A natural gas transmission company as defined in s.
  454  368.103; or
  455         (e) A Category I liquefied petroleum gas dealer or Category
  456  II liquefied petroleum gas dispenser or Category III liquefied
  457  petroleum gas cylinder exchange operator as defined in s.
  458  527.01.
  459         (2) Except to the extent necessary to enforce the Florida
  460  Building Code adopted pursuant to s. 553.73 or the Florida Fire
  461  Prevention Code adopted pursuant to s. 633.202, a municipality,
  462  county, special district, development district, or other
  463  political subdivision of the state may not enact or enforce a
  464  resolution, an ordinance, a rule, a code, or a policy or take
  465  any action that restricts or prohibits or has the effect of
  466  restricting or prohibiting the use of an appliance, including a
  467  stove or grill, which uses the types or fuel sources of energy
  468  production which may be used, delivered, converted, or supplied
  469  by the entities listed in subsection (1). As used in this
  470  subsection, the term “appliance” means a device or apparatus
  471  manufactured and designed to use energy and for which the
  472  Florida Building Code or the Florida Fire Prevention Code
  473  provides specific requirements.
  474         (5) Any municipality, county, special district, development
  475  district, or political subdivision charter, resolution,
  476  ordinance, rule, code, policy, or action that is preempted by
  477  this act that existed before or on July 1, 2021, is void.
  478         Section 6. Subsection (10) is added to section 366.04,
  479  Florida Statutes, to read:
  480         366.04 Jurisdiction of commission.—
  481         (10)The commission shall approve a targeted storm reserve
  482  amount to be effective January 1, 2025, for each public utility.
  483  The targeted storm reserve amount must be set at a level equal
  484  to 80 percent of the approved incremental storm costs incurred
  485  for the public utility’s highest cost storm impacting its
  486  service area over the 5 calendar years before January 2025. The
  487  approved incremental storm costs that form the basis for the
  488  targeted storm reserve amount must be based on the filings of
  489  the public utility with the commission and orders issued by the
  490  commission.
  491         (a)1.The initial targeted storm reserve amount established
  492  by the commission:
  493         a.Is subject to adjustment on an annual basis for
  494  successive rolling 5-year periods;
  495         b.Must be funded by an increase in base rates effective
  496  January 1, 2025; and
  497         c.Must be designed to allow the utility to recover the
  498  costs to fund the targeted reserve level over a 4-year period.
  499         2.All base rate adjustments and accompanying tariffs must
  500  be:
  501         a.Implemented by administrative approval of the commission
  502  and employ the most recent authorized base rate structure for
  503  the public utility;
  504         b.Filed by October 15 together with the current storm
  505  reserve and supporting documentation and the highest cost storm
  506  over the prior 5 years as reflected by commission order; and
  507         c.Administratively approved by each November 15 to take
  508  effect on January 1 of the following calendar year.
  509         (b)Suspension of base rate increases and implementation of
  510  base rate adjustments under this subsection based on use and
  511  depletion of the storm reserve and the determination of the
  512  annual storm reserve amount must be administratively determined
  513  and approved by the commission consistent with calendar
  514  deadlines under paragraph (a).
  515         (c)The adjustments to base rates must be designed to fund
  516  the public utility storm reserves; the cost recovery of such
  517  base rates must be without regard to any impact on a public
  518  utility’s previous, current, or projected earnings; and the
  519  revenues from such base rates may not be considered in the
  520  calculation of a public utility’s earnings in earnings
  521  surveillance reports filed with the commission.
  522         Section 7. Section 366.075, Florida Statutes, is amended to
  523  read:
  524         366.075 Experimental and transitional rates; experimental
  525  mechanisms.—
  526         (1) The commission is authorized to approve rates on an
  527  experimental or transitional basis for any public utility to
  528  encourage energy conservation or to encourage efficiency. The
  529  application of such rates may be for limited geographic areas
  530  and for a limited period.
  531         (2) The commission is authorized to approve the geographic
  532  area used in testing experimental rates and shall specify in the
  533  order setting those rates the area affected. The commission may
  534  extend the period designated for the test if it determines that
  535  further testing is necessary to fully evaluate the effectiveness
  536  of such experimental rates.
  537         (3) The commission is authorized to establish an
  538  experimental mechanism to facilitate energy infrastructure
  539  investment consistent with the structure set forth in s.
  540  366.96(7) and (8), the intent of s. 366.91(1), and the
  541  definition of the term “renewable natural gas” in s.
  542  366.91(2)(f). The commission shall have discretion to determine
  543  whether to use an annual proceeding to conduct such experimental
  544  mechanism. The commission shall adopt rules to implement and
  545  administer this subsection and shall propose a rule for adoption
  546  as soon as practicable after the effective date of this act, but
  547  not later than October 31, 2024.
  548         Section 8. Section 366.94, Florida Statutes, is amended to
  549  read:
  550         366.94 Electric vehicle charging stations.—
  551         (1) The provision of electric vehicle charging to the
  552  public by a nonutility is not the retail sale of electricity for
  553  the purposes of this chapter. The rates, terms, and conditions
  554  of electric vehicle charging services by a nonutility are not
  555  subject to regulation under this chapter. This section does not
  556  affect the ability of individuals, businesses, or governmental
  557  entities to acquire, install, or use an electric vehicle charger
  558  for their own vehicles.
  559         (2) The Department of Agriculture and Consumer Services
  560  shall adopt rules to provide definitions, methods of sale,
  561  labeling requirements, and price-posting requirements for
  562  electric vehicle charging stations to allow for consistency for
  563  consumers and the industry.
  564         (3)(a) It is unlawful for a person to stop, stand, or park
  565  a vehicle that is not capable of using an electrical recharging
  566  station within any parking space specifically designated for
  567  charging an electric vehicle.
  568         (b) If a law enforcement officer finds a motor vehicle in
  569  violation of this subsection, the officer or specialist shall
  570  charge the operator or other person in charge of the vehicle in
  571  violation with a noncriminal traffic infraction, punishable as
  572  provided in s. 316.008(4) or s. 318.18.
  573         (4)The commission may approve voluntary public utility
  574  programs to become effective on or after January 1, 2025, for
  575  residential, customer-specific electric vehicle charging if the
  576  commission determines that the rates and rate structure of the
  577  program will not adversely impact the public utility’s general
  578  body of ratepayers. All revenues received from the program must
  579  be credited to the public utility’s retail ratepayers. This
  580  provision does not preclude cost recovery for electric vehicle
  581  charging programs approved by the commission before January 1,
  582  2024.
  583         Section 9. Section 366.99, Florida Statutes, is created to
  584  read:
  585         366.99 Natural gas facilities relocation costs.—
  586         (1)As used in this section, the term:
  587         (a)“Authority” has the same meaning as in s.
  588  337.401(1)(a).
  589         (b)“Facilities relocation” means the physical moving,
  590  modification, or reconstruction of public utility facilities to
  591  accommodate the requirements imposed by an authority.
  592         (c)“Natural gas facilities” or “facilities” means gas
  593  mains, laterals, and service lines used to distribute natural
  594  gas to customers. The term includes all ancillary equipment
  595  needed for safe operations, including, but not limited to,
  596  regulating stations, meters, other measuring devices,
  597  regulators, and pressure monitoring equipment.
  598         (d)“Natural gas facilities relocation costs” means the
  599  costs to relocate or reconstruct facilities as required by a
  600  mandate, a statute, a law, an ordinance, or an agreement between
  601  the utility and an authority, including, but not limited to,
  602  costs associated with reviewing plans provided by an authority.
  603  The term does not include any costs recovered through the public
  604  utility’s base rates.
  605         (e)“Public utility” or “utility” has the same meaning as
  606  in s. 366.02, except that the term does not include an electric
  607  utility.
  608         (2)A utility may submit to the commission, pursuant to
  609  commission rule, a petition describing the utility’s projected
  610  natural gas facilities relocation costs for the next calendar
  611  year, actual natural gas facilities relocation costs for the
  612  prior calendar year, and proposed cost-recovery factors designed
  613  to recover such costs. A utility’s decision to proceed with
  614  implementing a plan before filing such a petition does not
  615  constitute imprudence.
  616         (3)The commission shall conduct an annual proceeding to
  617  determine each utility’s prudently incurred natural gas
  618  facilities relocation costs and to allow each utility to recover
  619  such costs through a charge separate and apart from base rates,
  620  to be referred to as the natural gas facilities relocation cost
  621  recovery clause. The commission’s review in the proceeding is
  622  limited to determining the prudence of the utility’s actual
  623  incurred natural gas facilities relocation costs and the
  624  reasonableness of the utility’s projected natural gas facilities
  625  relocation costs for the following calendar year; and providing
  626  for a true-up of the costs with the projections on which past
  627  factors were set. The commission shall require that any refund
  628  or collection made as a part of the true-up process includes
  629  interest.
  630         (4)All costs approved for recovery through the natural gas
  631  facilities relocation cost recovery clause must be allocated to
  632  customer classes pursuant to the rate design most recently
  633  approved by the commission.
  634         (5)If a capital expenditure is recoverable as a natural
  635  gas facilities relocation cost, the public utility may recover
  636  the annual depreciation on the cost, calculated at the public
  637  utility’s current approved depreciation rates, and a return on
  638  the undepreciated balance of the costs at the public utility’s
  639  weighted average cost of capital using the last approved return
  640  on equity.
  641         (6)The commission shall adopt rules to implement and
  642  administer this section and shall propose a rule for adoption as
  643  soon as practicable after July 1, 2024.
  644         Section 10. Section 377.601, Florida Statutes, is amended
  645  to read:
  646         377.601 Legislative intent.—
  647         (1) The purpose of the state’s energy policy is to ensure
  648  an adequate and reliable supply of energy for the state in a
  649  manner that promotes the health and welfare of the public and
  650  economic growth. The Legislature intends that governance of the
  651  state’s energy policy be efficiently directed toward achieving
  652  this purpose The Legislature finds that the state’s energy
  653  security can be increased by lessening dependence on foreign
  654  oil; that the impacts of global climate change can be reduced
  655  through the reduction of greenhouse gas emissions; and that the
  656  implementation of alternative energy technologies can be a
  657  source of new jobs and employment opportunities for many
  658  Floridians. The Legislature further finds that the state is
  659  positioned at the front line against potential impacts of global
  660  climate change. Human and economic costs of those impacts can be
  661  averted by global actions and, where necessary, adapted to by a
  662  concerted effort to make Florida’s communities more resilient
  663  and less vulnerable to these impacts. In focusing the
  664  government’s policy and efforts to benefit and protect our
  665  state, its citizens, and its resources, the Legislature believes
  666  that a single government entity with a specific focus on energy
  667  and climate change is both desirable and advantageous. Further,
  668  the Legislature finds that energy infrastructure provides the
  669  foundation for secure and reliable access to the energy supplies
  670  and services on which Florida depends. Therefore, there is
  671  significant value to Florida consumers that comes from
  672  investment in Florida’s energy infrastructure that increases
  673  system reliability, enhances energy independence and
  674  diversification, stabilizes energy costs, and reduces greenhouse
  675  gas emissions.
  676         (2)For the purposes of subsection (1), the state’s energy
  677  policy must be guided by the following goals:
  678         (a)Ensuring a cost-effective and affordable energy supply.
  679         (b)Ensuring adequate supply and capacity.
  680         (c)Ensuring a secure, resilient, and reliable energy
  681  supply, with an emphasis on a diverse supply of domestic energy
  682  resources.
  683         (d)Protecting public safety.
  684         (e)Ensuring consumer choice.
  685         (f)Protecting the state’s natural resources, including its
  686  coastlines, tributaries, and waterways.
  687         (g)Supporting economic growth.
  688         (3)(2)In furtherance of the goals in subsection (2), it is
  689  the policy of the state of Florida to:
  690         (a) Develop and Promote the cost-effective development and
  691  effective use of a diverse supply of domestic energy resources
  692  in this the state and, discourage all forms of energy waste, and
  693  recognize and address the potential of global climate change
  694  wherever possible.
  695         (b) Promote the cost-effective development and maintenance
  696  of energy infrastructure that is resilient to natural and
  697  manmade threats to the security and reliability of the state’s
  698  energy supply Play a leading role in developing and instituting
  699  energy management programs aimed at promoting energy
  700  conservation, energy security, and the reduction of greenhouse
  701  gas emissions.
  702         (c)Reduce reliance on foreign energy resources.
  703         (d)(c) Include energy considerations in all state,
  704  regional, and local planning.
  705         (e)(d) Utilize and manage effectively energy resources used
  706  within state agencies.
  707         (f)(e) Encourage local governments to include energy
  708  considerations in all planning and to support their work in
  709  promoting energy management programs.
  710         (g)(f) Include the full participation of citizens in the
  711  development and implementation of energy programs.
  712         (h)(g) Consider in its decisions the energy needs of each
  713  economic sector, including residential, industrial, commercial,
  714  agricultural, and governmental uses, and reduce those needs
  715  whenever possible.
  716         (i)(h) Promote energy education and the public
  717  dissemination of information on energy and its impacts in
  718  relation to the goals in subsection (2) environmental, economic,
  719  and social impact.
  720         (j)(i) Encourage the research, development, demonstration,
  721  and application of domestic energy resources, including the use
  722  of alternative energy resources, particularly renewable energy
  723  resources.
  724         (k)(j) Consider, in its decisionmaking, the impacts of
  725  energy-related activities on the goals in subsection (2) social,
  726  economic, and environmental impacts of energy-related
  727  activities, including the whole-life-cycle impacts of any
  728  potential energy use choices, so that detrimental effects of
  729  these activities are understood and minimized.
  730         (l)(k) Develop and maintain energy emergency preparedness
  731  plans to minimize the effects of an energy shortage within this
  732  state Florida.
  733         Section 11. Subsection (2) of section 377.6015, Florida
  734  Statutes, is amended to read:
  735         377.6015 Department of Agriculture and Consumer Services;
  736  powers and duties.—
  737         (2) The department shall:
  738         (a) Administer the Florida Renewable Energy and Energy
  739  Efficient Technologies Grants Program pursuant to s. 377.804 to
  740  assure a robust grant portfolio.
  741         (b) Develop policy for requiring grantees to provide
  742  royalty-sharing or licensing agreements with state government
  743  for commercialized products developed under a state grant.
  744         (c)Administer the Florida Green Government Grants Act
  745  pursuant to s. 377.808 and set annual priorities for grants.
  746         (b)(d) Administer the information gathering and reporting
  747  functions pursuant to ss. 377.601-377.608.
  748         (e)Administer the provisions of the Florida Energy and
  749  Climate Protection Act pursuant to ss. 377.801-377.804.
  750         (c)(f) Advocate for energy and climate change issues
  751  consistent with the goals in s. 377.601(2) and provide
  752  educational outreach and technical assistance in cooperation
  753  with the state’s academic institutions.
  754         (d)(g) Be a party in the proceedings to adopt goals and
  755  submit comments to the Public Service Commission pursuant to s.
  756  366.82.
  757         (e)(h) Adopt rules pursuant to chapter 120 in order to
  758  implement all powers and duties described in this section.
  759         Section 12. Subsection (1) and paragraphs (e), (f), and (m)
  760  of subsection (2) of section 377.703, Florida Statutes, are
  761  amended to read:
  762         377.703 Additional functions of the Department of
  763  Agriculture and Consumer Services.—
  764         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  765  demand questions have become a major area of concern to the
  766  state which must be dealt with by effective and well-coordinated
  767  state action, it is the intent of the Legislature to promote the
  768  efficient, effective, and economical management of energy
  769  problems, centralize energy coordination responsibilities,
  770  pinpoint responsibility for conducting energy programs, and
  771  ensure the accountability of state agencies for the
  772  implementation of s. 377.601 s. 377.601(2), the state energy
  773  policy. It is the specific intent of the Legislature that
  774  nothing in this act shall in any way change the powers, duties,
  775  and responsibilities assigned by the Florida Electrical Power
  776  Plant Siting Act, part II of chapter 403, or the powers, duties,
  777  and responsibilities of the Florida Public Service Commission.
  778         (2) DUTIES.—The department shall perform the following
  779  functions, unless as otherwise provided, consistent with the
  780  development of a state energy policy:
  781         (e) The department shall analyze energy data collected and
  782  prepare long-range forecasts of energy supply and demand in
  783  coordination with the Florida Public Service Commission, which
  784  is responsible for electricity and natural gas forecasts. To
  785  this end, the forecasts shall contain:
  786         1. An analysis of the relationship of state economic growth
  787  and development to energy supply and demand, including the
  788  constraints to economic growth resulting from energy supply
  789  constraints.
  790         2. Plans for the development of renewable energy resources
  791  and reduction in dependence on depletable energy resources,
  792  particularly oil and natural gas, and An analysis of the extent
  793  to which domestic energy resources, including renewable energy
  794  sources, are being utilized in this the state.
  795         3. Consideration of alternative scenarios of statewide
  796  energy supply and demand for 5, 10, and 20 years to identify
  797  strategies for long-range action, including identification of
  798  potential impacts in relation to the goals in s. 377.601(2)
  799  social, economic, and environmental effects.
  800         4. An assessment of the state’s energy resources, including
  801  examination of the availability of commercially developable and
  802  imported fuels, and an analysis of anticipated impacts in
  803  relation to the goals in s. 377.601(2) effects on the state’s
  804  environment and social services resulting from energy resource
  805  development activities or from energy supply constraints, or
  806  both.
  807         (f) The department shall submit an annual report to the
  808  Governor and the Legislature reflecting its activities and
  809  making recommendations for policies for improvement of the
  810  state’s response to energy supply and demand and its effect on
  811  the health, safety, and welfare of the residents of this state.
  812  The report must include a report from the Florida Public Service
  813  Commission on electricity and natural gas and information on
  814  energy conservation programs conducted and underway in the past
  815  year and include recommendations for energy efficiency and
  816  conservation programs for the state, including:
  817         1. Formulation of specific recommendations for improvement
  818  in the efficiency of energy utilization in governmental,
  819  residential, commercial, industrial, and transportation sectors.
  820         2. Collection and dissemination of information relating to
  821  energy efficiency and conservation.
  822         3. Development and conduct of educational and training
  823  programs relating to energy efficiency and conservation.
  824         4. An analysis of the ways in which state agencies are
  825  seeking to implement s. 377.601 s. 377.601(2), the state energy
  826  policy, and recommendations for better fulfilling this policy.
  827         (m) In recognition of the devastation to the economy of
  828  this state and the dangers to the health and welfare of
  829  residents of this state caused by severe hurricanes, and the
  830  potential for such impacts caused by other natural disasters,
  831  the Division of Emergency Management shall include in its energy
  832  emergency contingency plan and provide to the Florida Building
  833  Commission for inclusion in the Florida Energy Efficiency Code
  834  for Building Construction specific provisions to facilitate the
  835  use of cost-effective solar energy technologies as emergency
  836  remedial and preventive measures for providing electric power,
  837  street lighting, and water heating service in the event of
  838  electric power outages.
  839         Section 13. Sections 377.801, 377.802, 377.803, 377.804,
  840  377.808, 377.809, and 377.816, Florida Statutes, are repealed.
  841         Section 14. (1)For programs established pursuant to s.
  842  377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
  843  Statutes, there may not be:
  844         (a)New or additional applications, certifications, or
  845  allocations approved.
  846         (b)New letters of certification issued.
  847         (c)New contracts or agreements executed.
  848         (d)New awards made.
  849         (2)All certifications or allocations issued under such
  850  programs are rescinded except for the certifications of, or
  851  allocations to, those certified applicants or projects that
  852  continue to meet the applicable criteria in effect before July
  853  1, 2024. Any existing contract or agreement authorized under any
  854  of these programs shall continue in full force and effect in
  855  accordance with the statutory requirements in effect when the
  856  contract or agreement was executed or last modified. However,
  857  further modifications, extensions, or waivers may not be made or
  858  granted relating to such contracts or agreements, except
  859  computations by the Department of Revenue of the income
  860  generated by or arising out of the qualifying project.
  861         Section 15. Subsection (7) of section 288.9606, Florida
  862  Statutes, is amended to read:
  863         288.9606 Issue of revenue bonds.—
  864         (7) Notwithstanding any provision of this section, the
  865  corporation in its corporate capacity may, without authorization
  866  from a public agency under s. 163.01(7), issue revenue bonds or
  867  other evidence of indebtedness under this section to:
  868         (a) Finance the undertaking of any project within this the
  869  state that promotes renewable energy as defined in s. 366.91 or
  870  s. 377.803;
  871         (b) Finance the undertaking of any project within the state
  872  that is a project contemplated or allowed under s. 406 of the
  873  American Recovery and Reinvestment Act of 2009; or
  874         (c) If permitted by federal law, finance qualifying
  875  improvement projects within the state under s. 163.08; or.
  876         (d) Finance the costs of acquisition or construction of a
  877  transportation facility by a private entity or consortium of
  878  private entities under a public-private partnership agreement
  879  authorized by s. 334.30.
  880         Section 16. Paragraph (w) of subsection (2) of section
  881  380.0651, Florida Statutes, is amended to read:
  882         380.0651 Statewide guidelines, standards, and exemptions.—
  883         (2) STATUTORY EXEMPTIONS.—The following developments are
  884  exempt from s. 380.06:
  885         (w)Any development in an energy economic zone designated
  886  pursuant to s. 377.809 upon approval by its local governing
  887  body.
  888  
  889  If a use is exempt from review pursuant to paragraphs (a)-(u),
  890  but will be part of a larger project that is subject to review
  891  pursuant to s. 380.06(12), the impact of the exempt use must be
  892  included in the review of the larger project, unless such exempt
  893  use involves a development that includes a landowner, tenant, or
  894  user that has entered into a funding agreement with the state
  895  land planning agency under the Innovation Incentive Program and
  896  the agreement contemplates a state award of at least $50
  897  million.
  898         Section 17. Subsection (2) of section 403.9405, Florida
  899  Statutes, is amended to read:
  900         403.9405 Applicability; certification; exemption; notice of
  901  intent.—
  902         (2) No construction of A natural gas transmission pipeline
  903  may not be constructed be undertaken after October 1, 1992,
  904  without first obtaining certification under ss. 403.9401
  905  403.9425, but these sections do not apply to:
  906         (a) Natural gas transmission pipelines which are less than
  907  100 15 miles in length or which do not cross a county line,
  908  unless the applicant has elected to apply for certification
  909  under ss. 403.9401-403.9425.
  910         (b) Natural gas transmission pipelines for which a
  911  certificate of public convenience and necessity has been issued
  912  under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
  913  natural gas transmission pipeline certified as an associated
  914  facility to an electrical power plant pursuant to the Florida
  915  Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
  916  the applicant elects to apply for certification of that pipeline
  917  under ss. 403.9401-403.9425.
  918         (c) Natural gas transmission pipelines that are owned or
  919  operated by a municipality or any agency thereof, by any person
  920  primarily for the local distribution of natural gas, or by a
  921  special district created by special act to distribute natural
  922  gas, unless the applicant elects to apply for certification of
  923  that pipeline under ss. 403.9401-403.9425.
  924         Section 18. Section 409.508, Florida Statutes, is amended
  925  to read:
  926         409.508 Low-income home energy assistance program.—
  927         (1) As used in this section, the term:
  928         (a) “Department” means the Department of Commerce.
  929         (b) “Eligible household” means a household eligible for
  930  funds from the program Low-income Home Energy Assistance Act of
  931  1981, 42 U.S.C. ss. 8621 et seq.
  932         (c)(b) “Home energy” means a source of heating or cooling
  933  in residential dwellings.
  934         (d)“Program” means the federal low-income home energy
  935  assistance program established pursuant to 42 U.S.C. ss. 8621 et
  936  seq.
  937         (e)(c) “Utility” means any person, corporation,
  938  partnership, municipality, cooperative, association, or other
  939  legal entity and its lessees, trustees, or receivers now or
  940  hereafter owning, operating, managing, or controlling any plant
  941  or other facility supplying electricity or natural gas to or for
  942  the public within this state, directly or indirectly, for
  943  compensation.
  944         (2) The department of Economic Opportunity is designated as
  945  the state agency to administer the program Low-income Home
  946  Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et seq. The
  947  department may of Economic Opportunity is authorized to provide
  948  home energy assistance benefits to eligible households which may
  949  be in the form of cash, vouchers, certificates, or direct
  950  payments to electric or natural gas utilities or other energy
  951  suppliers and operators of low-rent, subsidized housing in
  952  behalf of eligible households. Priority must shall be given to
  953  eligible households having at least one elderly or handicapped
  954  individual and to eligible households with the lowest incomes.
  955         (3)(a)The department shall expand categorical eligibility
  956  for the program to include households with residents of this
  957  state who are enrolled in any of the following federal
  958  disability programs:
  959         1.Social Security Disability Insurance program.
  960         2.Social Security Insurance program.
  961         3.United States Department of Veterans Affairs disability
  962  benefits.
  963         4.Supplemental Nutritional Assistance Program.
  964         5.Temporary Assistance for Needy Families.
  965         (b)The department shall develop a comprehensive process
  966  for automatic program payments on behalf of such individuals to
  967  be made directly to the household’s home energy supplier. The
  968  process must include all of the following:
  969         1.Detailed requirements for any necessary statutory or
  970  regulatory change, application process change, or other
  971  requirement necessary to allow the department to identify
  972  individuals who qualify under this subsection for automatic
  973  program payments without requiring the individual to submit
  974  additional program applications.
  975         2.A data sharing process detailing the steps the
  976  department will take to identify and share a list of
  977  categorically eligible residents with home energy suppliers. A
  978  home energy supplier that agrees to receive direct program
  979  payments must apply the benefits as prescribed to the resident
  980  accounts identified by the department and document such payments
  981  in its annual program performance measures report.
  982         (4) Agreements may be established between electric or
  983  natural gas utility companies, other energy suppliers, the
  984  department, and the Department of Revenue to provide, and the
  985  Department of Economic Opportunity for the purpose of providing
  986  payments to energy suppliers in the form of a credit against
  987  sales and use taxes due or direct payments to energy suppliers
  988  for services rendered to low-income, eligible households.
  989         (5)(4) The department of Economic Opportunity shall adopt
  990  rules to carry out the provisions of this section act.
  991         Section 19. Subsection (3) of section 720.3075, Florida
  992  Statutes, is amended to read:
  993         720.3075 Prohibited clauses in association documents.—
  994         (3) Homeowners’ association documents, including
  995  declarations of covenants, articles of incorporation, or bylaws,
  996  may not preclude:
  997         (a) The display of up to two portable, removable flags as
  998  described in s. 720.304(2)(a) by property owners. However, all
  999  flags must be displayed in a respectful manner consistent with
 1000  the requirements for the United States flag under 36 U.S.C.
 1001  chapter 10.
 1002         (b)Types or fuel sources of energy production which may be
 1003  used, delivered, converted, or supplied by the following
 1004  entities to serve customers within the association that such
 1005  entities are authorized to serve:
 1006         1.A public utility or an electric utility as defined in
 1007  this chapter;
 1008         2.An entity formed under s. 163.01 that generates, sells,
 1009  or transmits electrical energy;
 1010         3.A natural gas utility as defined in s. 366.04(3)(c);
 1011         4.A natural gas transmission company as defined in s.
 1012  368.103; or
 1013         5.A category I liquefied petroleum gas dealer, a category
 1014  II liquefied petroleum gas dispenser, or a category III
 1015  liquefied petroleum gas cylinder exchange operator as defined in
 1016  s. 527.01.
 1017         (c)The use of an appliance, including a stove or grill,
 1018  which uses the types or fuel sources of energy production which
 1019  may be used, delivered, converted, or supplied by the entities
 1020  listed in paragraph (b). As used in this paragraph, the term
 1021  “appliance” means a device or apparatus manufactured and
 1022  designed to use energy and for which the Florida Building Code
 1023  or the Florida Fire Prevention Code provides specific
 1024  requirements.
 1025         Section 20. (1)The Public Service Commission shall conduct
 1026  an assessment of the security and resiliency of the state’s
 1027  electric grid and natural gas facilities against both physical
 1028  threats and cyber threats. The commission shall consult with the
 1029  Florida Digital Service in assessing cyber threats. All electric
 1030  utilities, natural gas utilities, and natural gas pipelines
 1031  operating in this state, regardless of ownership structure,
 1032  shall cooperate with the commission to provide access to all
 1033  information necessary to conduct the assessment.
 1034         (2)By January 1, 2025, the commission shall submit a
 1035  report of its assessment to the Governor, the President of the
 1036  Senate, and the Speaker of the House of Representatives. The
 1037  report must also contain any recommendations for potential
 1038  legislative or administrative actions that may enhance the
 1039  physical security or cyber security of the state’s electric grid
 1040  or natural gas facilities.
 1041         Section 21. (1)Recognizing the evolution and advances that
 1042  have occurred and continue to occur in nuclear power
 1043  technologies, the Public Service Commission shall study and
 1044  evaluate the technical and economic feasibility of using
 1045  advanced nuclear power technologies, including small modular
 1046  reactors, to meet the electrical power needs of the state, and
 1047  research means to encourage and foster the installation and use
 1048  of such technologies at military installations in this state.
 1049         (2)By January 1, 2025, the commission shall prepare and
 1050  submit a report to the Governor, the President of the Senate,
 1051  and the Speaker of the House of Representatives, containing its
 1052  findings and any recommendations for potential legislative or
 1053  administrative actions that may enhance the use of advanced
 1054  nuclear technologies in a manner consistent with the energy
 1055  policy goals in s. 377.601(2), Florida Statutes.
 1056         Section 22. (1)Recognizing the continued development of
 1057  technologies that support the use of hydrogen as a
 1058  transportation fuel and the potential for such use to help meet
 1059  the state’s energy policy goals in s. 377.601(2), Florida
 1060  Statutes, the Department of Transportation, in consultation with
 1061  the Office of Energy within the Department of Agriculture and
 1062  Consumer Services, shall study and evaluate the potential
 1063  development of hydrogen fueling infrastructure, including
 1064  fueling stations, to support hydrogen-powered vehicles that use
 1065  the state highway system.
 1066         (2)By January 1, 2025, the department shall prepare and
 1067  submit a report to the Governor, the President of the Senate,
 1068  and the Speaker of the House of Representatives, containing its
 1069  findings and any recommendations for potential legislative or
 1070  administrative actions that may accommodate the future
 1071  development of hydrogen fueling infrastructure in a manner
 1072  consistent with the energy policy goals in s. 377.601(2),
 1073  Florida Statutes.
 1074         Section 23. Paragraph (d) of subsection (2) of section
 1075  220.193, Florida Statutes, is amended to read:
 1076         220.193 Florida renewable energy production credit.—
 1077         (2) As used in this section, the term:
 1078         (d) “Florida renewable energy facility” means a facility in
 1079  the state that produces electricity for sale from renewable
 1080  energy, as defined in s. 377.803.
 1081         Section 24. This act shall take effect July 1, 2024.