Session :Bills : : flsenate.gov

HB 7135

1	A bill to be entitled
2	An act relating to energy; amending s. 74.051, F.S.;
3	providing that it is the intent of the Legislature for a
4	court, when practicable, to conduct a hearing and issue an
5	order on a petition for a taking within a specified time;
6	amending s. 110.171, F.S.; requiring each state agency to
7	complete a telecommuting program by a specified date which
8	includes a listing of the job classifications and
9	positions that the state agency considers appropriate for
10	telecommuting; providing requirements for the
11	telecommuting program; requiring each state agency to post
12	the telecommuting program on its Internet website;
13	amending s. 163.04, F.S.; clarifying that condominium
14	declarations may not prohibit renewable energy devices;
15	removes three-story height restriction for installation of
16	solar collectors on condominiums; amending s. 186.007,
17	F.S.; authorizing the Executive Office of the Governor to
18	include in the state comprehensive plan goals, objectives,
19	and policies related to energy and global climate change;
20	amending s. 187.201, F.S.; expanding the air quality,
21	energy, and land use goals of the State Comprehensive Plan
22	to include the development of low-carbon-emitting electric
23	power plants, the reduction of atmospheric carbon dioxide,
24	the promotion of the use and development of renewable
25	energy resources, and provide for the siting of low carbon
26	emitting electric power plants, including nuclear plants;
27	amending ss. 196.012 and 196.175, F.S.; deleting outdated,
28	obsolete language; removing the expiration date of the
29	property tax exemption for real property on which a
30	renewable energy source device is installed and revising
31	the options for calculating the amount of the exemption;
32	amending s. 206.43, F.S.; requiring each terminal
33	supplier, importer, blender, and wholesaler to provide in
34	a report to the Department of Revenue the number of
35	gallons of blended and unblended gasoline sold; amending
36	s. 212.08, F.S.; revising the definition of "ethanol";
37	specifying eligible items as limited to one refund;
38	requiring a person who receives a refund to notify a
39	subsequent purchaser of such refund; transferring certain
40	duties and responsibilities from the Department of
41	Environmental Protection to the Florida Energy and Climate
42	Commission; requiring the Florida Energy and Climate
43	Commission to adopt, by rule, an application form for
44	claiming a tax exemption; amending s. 220.191, F.S.;
45	providing that certain qualifying projects are eligible to
46	transfer capital investment tax credits to other
47	businesses under certain circumstances; providing
48	limitations on the use of such transferred credits;
49	specifying requirements for such transfers; amending s.
50	220.192, F.S.; defining terms related to a tax credit;
51	allowing the tax credit to be transferred for a specified
52	period; providing procedures and requirements; requiring
53	the Department of Revenue to adopt rules for
54	implementation and administration of the program;
55	transferring certain duties and responsibilities from the
56	Department of Environmental Protection to the Florida
57	Energy and Climate Commission; amending s. 220.193, F.S.;
58	defining the terms "sale" or "sold"; defining the term
59	"taxpayer"; providing for retroactivity; providing that
60	the use of the renewable energy production credit does not
61	reduce the alternative minimum tax credit; amending s.
62	253.02, F.S.; authorizing the Board of Trustees of the
63	Internal Improvement Trust Fund to delegate authority to
64	grant easements across lands owned by the Board of
65	Trustees of the Internal Improvement Trust Fund to the
66	Secretary of Environmental Protection under certain
67	conditions; amending s. 255.249, F.S.; requiring state
68	agencies to annually provide telecommuting plans to the
69	Department of Management Services; amending s. 255.251,
70	F.S.; creating the "Florida Energy Conservation and
71	Sustainable Buildings Act"; amending s. 255.252, F.S.;
72	providing findings and legislative intent; providing that
73	it is the policy of the state that buildings constructed
74	and financed by the state be designed to meet the United
75	States Green Building Council (USGBC) Leadership in Energy
76	and Environmental Design (LEED) rating system, the Green
77	Building Initiative's Green Globes rating system, the
78	Florida Green Building Coalition standards, or a
79	nationally recognized green building rating system as
80	approved by the department; requiring each state agency
81	occupying space owned or managed by the department to
82	identify and compile a list of projects suitable for a
83	guaranteed energy, water, and wastewater performance
84	savings contract; amending s. 255.253, F.S.; defining
85	terms relating to energy conservation for buildings;
86	amending s. 255.254, F.S.; prohibiting a state agency from
87	leasing or constructing a facility without having secured
88	from the department a proper evaluation of life-cycle
89	costs for the building; amending s. 255.255, F.S.;
90	requiring the department to use sustainable building
91	ratings for conducting a life-cycle cost analysis;
92	amending s. 255.257, F.S.; requiring all state agencies to
93	adopt an energy efficiency rating system as approved by
94	the department for all new buildings and renovations to
95	existing buildings; requiring all county, municipal,
96	school district, water management district, state
97	university, community college, and Florida state court
98	buildings to meet certain energy efficiency standards for
99	construction; providing applicability; creating a
100	sustainable building training certification program within
101	St. Petersburg College; specifying program components;
102	creating s. 286.29, F.S.; requiring the Department of
103	Management Services to develop the Florida Climate-
104	Friendly Preferred Products List; requiring state agencies
105	to consult the list and purchase products from the list if
106	the price is comparable; requiring state agencies to
107	contract for meeting and conference space with facilities
108	having the "Green Lodging" designation; authorizing the
109	Department of Environmental Protection to adopt rules;
110	requiring the department to establish voluntary technical
111	assistance programs for various businesses; requiring
112	state agencies, state universities, community colleges,
113	and local governments that purchase vehicles under a state
114	purchasing plan to maintain vehicles according to minimum
115	standards and follow certain procedures when procuring new
116	vehicles; requiring state agencies to use ethanol and
117	biodiesel-blended fuels when available; amending s.
118	287.063, F.S.; prohibiting the payment term for equipment
119	from exceeding the useful life of the equipment unless the
120	contract provides for the replacement or the extension of
121	the useful life of the equipment during the term of the
122	loan; amending s. 287.064, F.S.; authorizing an extension
123	of the master equipment financing agreement for energy
124	conservation equipment; requiring the guaranteed energy,
125	water, and wastewater savings contractor to provide for
126	the replacement or the extension of the useful life of the
127	energy conservation equipment during the term of the
128	contract; amending s. 287.16, F.S.; requiring the
129	Department of Management Services to analyze specified
130	fuel usage by the Department of Transportation; amending
131	s. 288.1089, F.S.; defining the term "alternative and
132	renewable energy"; revising provisions relating to
133	innovation incentive awards to include alternative and
134	renewable energy projects; specifying eligibility
135	requirements for such projects; requiring Enterprise
136	Florida, Inc., to solicit comments and recommendations
137	from the Florida Energy and Climate Commission in
138	evaluating such projects; amending s. 316.0741, F.S.;
139	requiring all hybrid and other low-emission and energy-
140	efficient vehicles that do not meet the minimum occupancy
141	requirement and are driven in a high-occupancy-vehicle
142	lane to comply with federally mandated minimum fuel
143	economy standards; authorizing specified vehicles to use
144	certain high-occupancy-vehicle lanes without payment of
145	tolls; amending s. 337.401, F.S.; requiring the Department
146	of Environmental Protection to adopt rules relating to the
147	placement of and access to aerial and underground electric
148	transmission lines having certain specifications; defining
149	the term "base-load generating facilities"; amending s.
150	339.175, F.S.; requiring each metropolitan planning
151	organization to develop a long-range transportation plan
152	and an annual project priority list that, among other
153	considerations, provide for sustainable growth and reduce
154	greenhouse gas emissions; amending s. 350.01, F.S.;
155	conforming the beginning of a Public Service Commission
156	member's term as chair with the beginning of terms of
157	commissioners; correcting cross-references; amending s.
158	350.012, F.S.; renaming the Committee on Public Service
159	Commission Oversight, a standing joint committee of the
160	Legislature, as the "Committee on Public Counsel
161	Oversight"; deleting the committee's authority to
162	recommend to the Governor nominees to fill vacancies on
163	the Public Service Commission; amending s. 350.03, F.S.;
164	clarifying the power of the Governor to remove and fill
165	commission vacancies as set forth in the State
166	Constitution; amending s. 350.031, F.S.; increasing the
167	number of members on the council; requiring the President
168	of the Senate and the Speaker of the House of
169	Representatives to appoint a chair and vice chair to the
170	council in alternating years; removing spending authority
171	for the council to advertise vacancies; requiring the
172	council to submit recommendations for vacancies on the
173	Public Service Commission to the Governor; requiring the
174	council to nominate a minimum of three persons for each
175	vacancy; revising the date that recommendations for
176	vacancies must be submitted; providing that a successor
177	Governor may remove an appointee only as provided;
178	providing for the council to fill a vacancy on the
179	commission if the Governor fails to do so; authorizing a
180	successor governor to recall an unconfirmed appointee
181	under certain circumstances; amending ss. 350.061 and
182	350.0614, F.S., relating to the appointment, oversight,
183	and compensation of the Public Counsel; conforming
184	provisions to changes made by the act; amending s. 366.04,
185	F.S.; requiring an affected municipal electric utility to
186	conduct a referendum election of all its retail electric
187	customers to determine whether to require the municipal
188	electric utility to provide a proposed charter
189	transferring the operations of the utility to an electric
190	utility authority; amending s. 366.81, F.S.; providing
191	legislative intent; amending s. 366.82, F.S.; defining the
192	term "demand-side renewable energy"; requiring the Public
193	Service Commission to adopt goals for increasing the
194	development of demand-side renewable energy systems energy
195	resources; providing for cost-effectiveness tests;
196	requiring the Florida Energy and Climate Commission to be
197	a party in the proceedings to adopt goals; providing for
198	an appropriations; providing for cost recovery;
199	authorizing the commission to provide financial rewards
200	and penalties; authorizing the commission to allow an
201	investor-owned utility to earn an additional return on
202	equity for exceeding energy efficiency and conservation
203	goals; amending s. 366.8255, F.S.; redefining the term
204	"environmental compliance costs" to include costs or
205	expenses prudently incurred for scientific research and
206	geological assessments of carbon capture and storage for
207	the purpose of reducing an electric utility's greenhouse
208	gas emissions; amending s. 366.91, F.S.; clarifying the
209	definition of "biomass" to include waste and byproducts;
210	requiring each public utility, and each municipal electric
211	utility and rural electric utility cooperative that sells
212	electricity at retail, to develop a standardized
213	interconnection and net metering program for customer-
214	owned renewable generation; authorizing net metering to be
215	available when a utility purchases power generated from
216	biogas produced by anaerobic digestion under certain
217	conditions; amending s. 366.92, F.S.; directing the Public
218	Service Commission to adopt a renewable portfolio
219	standard; providing definitions; providing for renewable
220	energy credits; providing for cost recovery; prohibiting
221	the renewable portfolio standard rule from taking effect
222	until ratified by the Legislature; amending s. 366.93,
223	F.S.; revising the definitions of "cost" and
224	"preconstruction"; requiring the Public Service Commission
225	to establish rules relating to cost recovery for the
226	construction of new, expanded, or relocated electrical
227	transmission lines and facilities for a nuclear power
228	plant; amending s. 377.601, F.S.; revising legislative
229	intent with respect to the need to implement alternative
230	energy technologies; providing for the transfer of the
231	Florida Energy Commission in the Office of Legislative
232	Services to the Florida Energy and Climate Commission in
233	the Executive Office of the Governor; creating s.
234	377.6015, F.S.; providing for the membership, meetings,
235	duties, and responsibilities of the Florida Energy and
236	Climate Commission; providing rulemaking authority;
237	amending s. 377.602, F.S.; revising the definition of
238	"energy resources"; providing for conforming changes;
239	providing for the type two transfer of the state energy
240	program in the Department of Environmental Protection to
241	the Florida Energy and Climate Commission in the Executive
242	Office of the Governor; amending ss. 377.603, 377.604,
243	377.605, 377.606, 377.608, 377.701, 377.703, and 377.705,
244	F.S.; providing for conforming changes; amending s.
245	377.801, F.S.; providing a short title; amending s.
246	377.802, F.S.; providing the purpose of the Florida Energy
247	and Climate Protection Act; amending s. 377.803, F.S.;
248	revising definitions; clarifying the definition of
249	"renewable energy" to include biomass, as defined in s.
250	366.91, F.S.; amending s. 377.804, F.S., relating to the
251	Renewable Energy and Energy-Efficient Technologies Grants
252	Program; providing for the program to include matching
253	grants for technologies that increase the energy
254	efficiency of vehicles and commercial buildings; providing
255	for the solicitation of expertise of other entities;
256	providing application requirements; amending s. 377.806,
257	F.S.; conforming provisions relating to the Solar Energy
258	System Incentives Program, to changes made by this act;
259	requiring all eligible systems under the program to comply
260	with the Florida Building Code; revising rebate
261	eligibility requirements for solar thermal systems to
262	include the installation of certain products by roofing
263	contractors; creating s. 377.808, F.S.; establishing the
264	"Florida Green Government Grants Act"; providing for
265	grants to be awarded to local governments in the
266	development of programs that achieve green standards;
267	amending ss. 380.23 and 403.031, F.S.; conforming cross-
268	references; creating s. 403.44, F.S.; creating the Florida
269	Climate Protection Act; defining terms; requiring the
270	Department of Environmental Protection to establish the
271	methodologies, reporting periods, and reporting systems
272	that must be used when major emitters report to The
273	Climate Registry; authorizing the department to adopt
274	rules for a cap-and-trade regulatory program to reduce
275	greenhouse gas emissions from major emitters; providing
276	for the content of the rule; prohibiting the rules from
277	being adopted until after January 1, 2010, and from
278	becoming effective until ratified by the Legislature;
279	amending s. 403.502, F.S.; providing legislative intent;
280	amending s. 403.503, F.S.; defining the term "alternate
281	corridor" and redefining the term "corridor" for purposes
282	of the Florida Electrical Power Plant Siting Act; amending
283	s. 403.504, F.S.; requiring the Department of
284	Environmental Protection to determine whether a proposed
285	alternate corridor is acceptable; amending s. 403.506,
286	F.S.; exempting an electric utility from obtaining
287	certification under the Florida Electrical Power Plant
288	Siting Act before constructing facilities for a power
289	plant using nuclear materials as fuel; providing that a
290	utility may obtain separate licenses, permits, and
291	approvals for such construction under certain
292	circumstances; exempting such provisions from review under
293	ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
294	applicant to submit a statement to the department if such
295	applicant opts for consideration of alternate corridors;
296	amending s. 403.5065, F.S.; providing for conforming
297	changes; amending s. 403.50663, F.S.; providing for notice
298	of meeting to the general public; amending s. 403.50665,
299	F.S.; requiring an application to include a statement on
300	the consistency of directly associated facilities
301	constituting a "development"; requiring the Department of
302	Environmental Protection to address at the certification
303	hearing the issue of compliance with land use plans and
304	zoning ordinances for a proposed substation located in or
305	along an alternate corridor; amending s. 403.507, F.S.;
306	providing for reports to be submitted to the department no
307	later than 100 days after certification application has
308	been determined complete; amending s. 403.508, F.S.;
309	providing for land use and certification hearings;
310	amending s. 403.509, F.S.; requiring the Governor and
311	Cabinet sitting as the siting board to certify the
312	corridor having the least adverse impact; authorizing the
313	board to deny certification or allow a party to amend its
314	proposal; amending s. 403.511, F.S.; providing for
315	conforming changes; amending s. 403.5112, F.S.; providing
316	for filing of notice; amending s. 403.5113, F.S.;
317	providing for postcertification amendments and
318	postcertification review; amending s. 403.5115, F.S.;
319	requiring the applicant proposing the alternate corridor
320	to publish all notices relating to the application;
321	requiring that such notices comply with certain
322	requirements; requiring that notices be published at least
323	45 days before the rescheduled certification hearing;
324	requiring applicants to make specified efforts to provide
325	notice to certain landowners and to file a list of such
326	notification with the Department of Environmental
327	Protection's Siting Coordination Office; amending ss.
328	403.516, 403.517, and 403.5175, F.S.; providing conforming
329	changes and cross-references; amending s. 403.518, F.S.;
330	authorizing the Department of Environmental Protection to
331	charge an application fee for an alternate corridor;
332	amending ss. 403.519, 403.5252, 403.526, 403.527,
333	403.5271, 403.5272, 403.5312, 403.5363, 403.5365, and
334	403.814, F.S., relating to determinations of need, public
335	notice requirements, and general permits; conforming
336	provisions to changes made by the act; creating s.
337	403.7055, F.S.; encouraging counties in the state to form
338	regional solutions to the capture and reuse or sale of
339	methane gas from landfills and wastewater treatment
340	facilities; requiring the Department of Environmental
341	Protection to provide guidelines and assistance; amending
342	s. 489.145, F.S.; creating s. 403.7032, F.S.; providing
343	legislative findings regarding recycling; providing for a
344	long-term goal of reducing the amount of solid waste
345	disposed of in the state by a certain percentage;
346	requiring the Department of Environmental Protection to
347	develop a comprehensive recycling program and submit such
348	program to the Legislature by a specified date; requiring
349	the Legislature's approval before implementing such
350	program; requiring that such program be developed in
351	coordination with other state and local entities, private
352	businesses, and the public; requiring that the program
353	contain certain components; creating s. 403.7033, F.S.,
354	requiring a departmental analysis of particular recyclable
355	materials; requiring a submission of a report; amending s.
356	403.706, F.S., requiring every county to implement a
357	composting plan to attain certain goals by a date certain;
358	provides for goal modifications upon demonstrated need to
359	the department; amending s. 489.145, F.S.; revising
360	provisions of the Guaranteed Energy, Water, and Wastewater
361	Performance Savings Contracting Act; requiring that each
362	proposed contract or lease contain certain agreements
363	concerning operational cost-saving measures; requiring the
364	Office of the Chief Financial Officer to review contract
365	proposals; redefining terms; requiring that certain
366	baseline information, supporting information, and
367	documentation be included in contracts; requiring the
368	Office of the Chief Financial Officer to review contract
369	proposals; providing audit requirements; requiring
370	contract approval by the Chief Financial Officer; amending
371	s. 526.06, F.S.; revising provisions for the sale of
372	gasoline blended with ethanol; providing specifications
373	for transitioning to ethanol-blended fuels; creating s.
374	526.201, F.S.; creating the "Florida Renewable Fuel
375	Standard Act"; creating s. 526.202, F.S.; establishing
376	legislative findings for the act; creating s. 526.203,
377	F.S.; providing definitions, fuel standard, exemptions,
378	and reporting; creating s. 526.204, F.S.; providing for
379	waivers; providing for suspension of standard requirement
380	during declared emergencies; creating s. 526.205, F.S.;
381	providing for enforcement of the act; providing for
382	extensions; creating s. 526.206, F.S.; providing for
383	rulemaking authority by the Department of Revenue and the
384	Department of Agriculture and Consumer Services; creating
385	s. 526.207, F.S.; requiring studies and reports by the
386	Florida Energy and Climate Commission; amending s. 553.73,
387	F.S.; requiring that the Florida Building Commission
388	select the most recent International Energy Conservation
389	Code as a foundation code; providing for modification of
390	the International Energy Conservation Code by the
391	commission under certain circumstances; creating s.
392	553.9061, F.S.; requiring the Florida Building Commission
393	to establish a schedule of increases in the energy
394	performance of buildings subject to the Florida Energy
395	Efficiency Code for Building Construction; providing
396	energy-efficiency performance options and elements for
397	achieving performance goals; requiring the commission to
398	adopt rules and implement a cost-effectiveness test;
399	amending s. 553.909, F.S.; requiring the Florida Energy
400	Efficiency Code for Building Construction to set minimum
401	requirements for certain commercial or residential
402	appliances; requiring the Agency for Enterprise
403	Information Technology to define specified objective
404	standards and conduct evaluations relating to energy
405	efficiency; requiring the agency to submit a report;
406	providing report requirements; requiring the agency to
407	submit specified recommendations; providing for the
408	inclusion of specifications in certain plans and
409	processes; creating s. 1004.648, F.S.; establishing the
410	Florida Energy Systems Consortium consisting of all the
411	state universities; providing for membership and duties of
412	the consortium; providing for a director, an oversight
413	board, and a steering committee; requiring the consortium
414	to submit an annual report; requiring an economic impact
415	analysis on the effects of granting financial incentives
416	to energy producers who use woody biomass as fuel;
417	providing that certain vehicle emission standards are
418	subject to ratification by the Legislature prior to
419	implementation or modification by the Department of
420	Environmental Protection; requiring the Department of
421	Education and the Department of Environmental Protection
422	to develop an awards or recognition program for
423	outstanding efforts in conservation, energy and water use
424	reduction, environmental enhancement, and conservation-
425	related educational curriculum development; encouraging
426	the departments to seek private sector funding for the
427	program; repealing s. 377.901, F.S., relating to the
428	Florida Energy Commission; requiring the Public Service
429	Commission to provide a report to the Governor and the
430	Legislature on utility revenue decoupling; providing
431	effective dates.
432
433	Be It Enacted by the Legislature of the State of Florida:
434
435	Section 1. Subsection (3) of section 74.051, Florida
436	Statutes, is renumbered as subsection (4), and a new subsection
437	(3) is added to that section to read:
438	74.051 Hearing on order of taking.--
439	(3) If a defendant requests a hearing pursuant to s.
440	74.041(3) and the petitioner is an electric utility that is
441	seeking to appropriate property necessary for an electric
442	generation plant, an associated facility of an electric
443	generation plant, an electric substation, or a power line, it is
444	the intent of the Legislature that the court, when practicable,
445	conduct the hearing no more than 120 days after the petition is
446	filed and issue its order of taking no more than 30 days after
447	the conclusion of the hearing.
448	Section 2. Subsection (3) of section 110.171, Florida
449	Statutes, is amended, and subsection (4) is added to that
450	section, to read:
451	110.171 State employee telecommuting program.--
452	(3) By September 30, 2009 ~~October 1, 1994~~, each state
453	agency shall identify and maintain a current listing of the job
454	classifications and positions that the agency considers
455	appropriate for telecommuting. Agencies that adopt a state
456	employee telecommuting program must:
457	(a) Give equal consideration to career service and exempt
458	positions in their selection of employees to participate in the
459	telecommuting program.
460	(b) Provide that an employee's participation in a
461	telecommuting program will not adversely affect eligibility for
462	advancement or any other employment rights or benefits.
463	(c) Provide that participation by an employee in a
464	telecommuting program is voluntary, and that the employee may
465	elect to cease to participate in a telecommuting program at any
466	time.
467	(d) Adopt provisions to allow for the termination of an
468	employee's participation in the program if the employee's
469	continued participation would not be in the best interests of
470	the agency.
471	(e) Provide that an employee is not currently under a
472	performance improvement plan in order to participate in the
473	program.
474	(f) Ensure that employees participating in the program are
475	subject to the same rules regarding attendance, leave,
476	performance reviews, and separation action as are other
477	employees.
478	(g) Establish the reasonable conditions that the agency
479	plans to impose in order to ensure the appropriate use and
480	maintenance of any equipment or items provided for use at a
481	participating employee's home or other place apart from the
482	employee's usual place of work, including the installation and
483	maintenance of any telephone equipment and ongoing
484	communications costs at the telecommuting site which is to be
485	used for official use only.
486	(h) Prohibit state maintenance of an employee's personal
487	equipment used in telecommuting, including any liability for
488	personal equipment and costs for personal utility expenses
489	associated with telecommuting.
490	(i) Describe the security controls that the agency
491	considers appropriate.
492	(j) Provide that employees are covered by workers'
493	compensation under chapter 440, when performing official duties
494	at an alternate worksite, such as the home.
495	(k) Prohibit employees engaged in a telecommuting program
496	from conducting face-to-face state business at the homesite.
497	(l) Require a written agreement that specifies the terms
498	and conditions of telecommuting, which includes verification by
499	the employee that the home office provides work space that is
500	free of safety and fire hazards, together with an agreement
501	which holds the state harmless against any and all claims,
502	excluding workers' compensation claims, resulting from an
503	employee working in the home office, and which must be signed
504	and agreed to by the telecommuter and the supervisor.
505	(m) Provide measureable financial benefits associated with
506	reduced office space requirements, reductions in energy
507	consumption, and reductions in associated emissions of
508	greenhouse gases resulting from telecommuting. State agencies
509	operating in office space owned or managed by the department
510	shall consult the facilities program to ensure its consistency
511	with the strategic leasing plan required under s. 255.249(3)(b).
512	(4) The telecommuting program for each state agency and
513	pertinent supporting documents shall be posted on the agency's
514	Internet website to allow access by employees and the public.
515	Section 3. Subsection (2) of section 163.04, Florida
516	Statutes, is amended to read:
517	163.04 Energy devices based on renewable resources.--
518
519	(2) A deed restriction, covenant, declaration, or similar
520	binding agreement may not ~~No deed restrictions, covenants, or~~
521	~~similar binding agreements running with the land shall~~ prohibit
522	or have the effect of prohibiting solar collectors,
523	clotheslines, or other energy devices based on renewable
524	resources from being installed on buildings erected on the lots
525	or parcels covered by the deed restriction, covenant,
526	declaration, or binding agreement ~~restrictions, covenants, or~~
527	~~binding agreements~~. A property owner may not be denied
528	permission to install solar collectors or other energy devices
529	b~~ased on renewable resources~~ by any entity granted the power or
530	right in any deed restriction, covenant, or similar binding
531	agreement to approve, forbid, control, or direct alteration of
532	property with respect to residential dwellings and within the
533	boundaries of a condominium unit. ~~not exceeding three stories in~~
534	~~height. For purposes of this subsection,~~ Such entity may
535	determine the specific location where solar collectors may be
536	installed on the roof within an orientation to the south or
537	within 45° east or west of due south if ~~provided that~~ such
538	determination does not impair the effective operation of the
539	solar collectors.
540	Section 4. Subsection (3) of section 186.007, Florida
541	Statutes, is amended to read:
542	186.007 State comprehensive plan; preparation; revision.--
543	(3) In the state comprehensive plan, the Executive Office
544	of the Governor may include goals, objectives, and policies
545	related to the following program areas: economic opportunities;
546	agriculture; employment; public safety; education; health
547	concerns; social welfare concerns; housing and community
548	development; natural resources and environmental management;
549	energy; global climate change; recreational and cultural
550	opportunities; historic preservation; transportation; and
551	governmental direction and support services.
552	Section 5. Subsections (10), (11), and (15) of section
553	187.201, Florida Statutes, are amended to read:
554	187.201 State Comprehensive Plan adopted.--The Legislature
555	hereby adopts as the State Comprehensive Plan the following
556	specific goals and policies:
557	(10) AIR QUALITY.--
558	(a) Goal.--Florida shall comply with all national air
559	quality standards by 1987, and by 1992 meet standards which are
560	more stringent than 1985 state standards.
561	(b) Policies.--
562	1. Improve air quality and maintain the improved level to
563	safeguard human health and prevent damage to the natural
564	environment.
565	2. Ensure that developments and transportation systems are
566	consistent with the maintenance of optimum air quality.
567	3. Reduce sulfur dioxide and nitrogen oxide emissions and
568	mitigate their effects on the natural and human environment.
569	4. Encourage the use of alternative energy resources that
570	do not degrade air quality.
571	5. Ensure, at a minimum, that power plant fuel conversion
572	does not result in higher levels of air pollution.
573	6. Encourage the development of low-carbon-emitting
574	electric power plants.
575	(11) ENERGY.--
576	(a) Goal.--Florida shall reduce its energy requirements
577	through enhanced conservation and efficiency measures in all
578	end-use sectors and shall reduce atmospheric carbon dioxide by,
579	~~while at the same time~~ promoting an increased use of renewable
580	energy resources and low-carbon-emitting electric power plants.
581	(b) Policies.--
582	1. Continue to reduce per capita energy consumption.
583	2. Encourage and provide incentives for consumer and
584	producer energy conservation and establish acceptable energy
585	performance standards for buildings and energy consuming items.
586	3. Improve the efficiency of traffic flow on existing
587	roads.
588	4. Ensure energy efficiency in transportation design and
589	planning and increase the availability of more efficient modes
590	of transportation.
591	5. Reduce the need for new power plants by encouraging
592	end-use efficiency, reducing peak demand, and using cost-
593	effective alternatives.
594	6. Increase the efficient use of energy in design and
595	operation of buildings, public utility systems, and other
596	infrastructure and related equipment.
597	7. Promote the development and application of solar energy
598	technologies and passive solar design techniques.
599	8. Provide information on energy conservation through
600	active media campaigns.
601	9. Promote the use and development of renewable energy
602	resources and low-carbon-emitting electric power plants.
603	10. Develop and maintain energy preparedness plans that
604	will be both practical and effective under circumstances of
605	disrupted energy supplies or unexpected price surges.
606	(15) LAND USE.--
607	(a) Goal.--In recognition of the importance of preserving
608	the natural resources and enhancing the quality of life of the
609	state, development shall be directed to those areas which have
610	in place, or have agreements to provide, the land and water
611	resources, fiscal abilities, and service capacity to accommodate
612	growth in an environmentally acceptable manner.
613	(b) Policies.--
614	1. Promote state programs, investments, and development
615	and redevelopment activities which encourage efficient
616	development and occur in areas which will have the capacity to
617	service new population and commerce.
618	2. Develop a system of incentives and disincentives which
619	encourages a separation of urban and rural land uses while
620	protecting water supplies, resource development, and fish and
621	wildlife habitats.
622	3. Enhance the livability and character of urban areas
623	through the encouragement of an attractive and functional mix of
624	living, working, shopping, and recreational activities.
625	4. Develop a system of intergovernmental negotiation for
626	siting locally unpopular public and private land uses which
627	considers the area of population served, the impact on land
628	development patterns or important natural resources, and the
629	cost-effectiveness of service delivery.
630	5. Encourage and assist local governments in establishing
631	comprehensive impact-review procedures to evaluate the effects
632	of significant development activities in their jurisdictions.
633	6. Consider, in land use planning and regulation, the
634	impact of land use on water quality and quantity; the
635	availability of land, water, and other natural resources to meet
636	demands; and the potential for flooding.
637	7. Provide educational programs and research to meet
638	state, regional, and local planning and growth-management needs.
639	8. Provide for the siting of low-carbon-emitting electric
640	power plants, including nuclear power plants, to meet the
641	state's determined need for electric power generation.
642	Section 6. Subsection (14) of section 196.012, Florida
643	Statutes, is amended to read:
644	196.012 Definitions.--For the purpose of this chapter, the
645	following terms are defined as follows, except where the context
646	clearly indicates otherwise:
647	(14) "Renewable energy source device" or "device" means
648	any of the following equipment which, when installed in
649	connection with a dwelling unit or other structure, collects,
650	transmits, stores, or uses solar energy, wind energy, or energy
651	derived from geothermal deposits:
652	(a) Solar energy collectors.
653	(b) Storage tanks and other storage systems, excluding
654	swimming pools used as storage tanks.
655	(c) Rockbeds.
656	(d) Thermostats and other control devices.
657	(e) Heat exchange devices.
658	(f) Pumps and fans.
659	(g) Roof ponds.
660	(h) Freestanding thermal containers.
661	(i) Pipes, ducts, refrigerant handling systems, and other
662	equipment used to interconnect such systems; however,
663	conventional backup systems of any type are not included in this
664	definition.
665	(j) Windmills.
666	(k) Wind-driven generators.
667	(l) Power conditioning and storage devices that use wind
668	energy to generate electricity or mechanical forms of energy.
669	(m) Pipes and other equipment used to transmit hot
670	geothermal water to a dwelling or structure from a geothermal
671	deposit.
672
673	~~"Renewable energy source device" or "device" also means any heat~~
674	~~pump with an energy efficiency ratio (EER) or a seasonal energy~~
675	~~efficiency ratio (SEER) exceeding 8.5 and a coefficient of~~
676	~~performance (COP), exceeding 2.8; waste heat recovery system; or~~
677	~~water heating system the primary heat source of which is a~~
678	~~dedicated heat pump or the otherwise unused capacity of a heat~~
679	~~pump heating, ventilating, and air-conditioning system, provided~~
680	~~such device is installed in a structure substantially complete~~
681	~~before January 1, 1985, and whether or not solar energy, wind~~
682	~~energy, or energy derived from geothermal deposits is collected,~~
683	~~transmitted, stored, or used by such device.~~
684	Section 7. Section 196.175, Florida Statutes, is amended
685	to read:
686	196.175 Renewable energy source exemption.--
687	(1) Improved real property upon which a renewable energy
688	source device is installed and operated shall be entitled to an
689	exemption in the amount of ~~not greater than the lesser of:~~
690	~~(a) The assessed value of such real property less any~~
691	~~other exemptions applicable under this chapter;~~
692	~~(b)~~ the original cost of the device, including the
693	installation cost thereof, but excluding the cost of replacing
694	previously existing property removed or improved in the course
695	of such installation~~; or~~
696	~~(c) Eight percent of the assessed value of such property~~
697	~~immediately following installation~~.
698	(2) The exempt amount authorized under subsection (1)
699	shall apply in full if the device was installed and operative
700	throughout the 12-month period preceding January 1 of the year
701	of application for this exemption. If the device was operative
702	for a portion of that period, the exempt amount authorized under
703	this section shall be reduced proportionally.
704	(3) It shall be the responsibility of the applicant for an
705	exemption pursuant to this section to demonstrate affirmatively
706	to the satisfaction of the property appraiser that he or she
707	meets the requirements for exemption under this section and that
708	the original cost ~~pursuant to paragraph (1)(b)~~ and the period
709	for which the device was operative, as indicated on the
710	exemption application, are correct.
711	(4) No exemption authorized pursuant to this section shall
712	be granted for a period of more than 10 years. No exemption
713	shall be granted with respect to renewable energy source devices
714	installed before January 1, 2009 ~~1980, or after December 31,~~
715	~~1990~~.
716	Section 8. Subsection (2) of section 206.43, Florida
717	Statutes, is amended to read:
718	206.43 Terminal supplier, importer, exporter, blender, and
719	wholesaler to report to department monthly; deduction.--The
720	taxes levied and assessed as provided in this part shall be paid
721	to the department monthly in the following manner:
722	(2)(a) Such report may show in detail the number of
723	gallons so sold and delivered by the terminal supplier,
724	importer, exporter, blender, or wholesaler in the state, and the
725	destination as to the county in the state to which the motor
726	fuel was delivered for resale at retail or use shall be
727	specified in the report. The total taxable gallons sold shall
728	agree with the total gallons reported to the county destinations
729	for resale at retail or use. All gallons of motor fuel sold
730	shall be invoiced and shall name the county of destination for
731	resale at retail or use.
732	(b) Each terminal supplier, importer, blender, and
733	wholesaler shall also include in the report to the department
734	the number of gallons of blended and unblended gasoline, as
735	defined in s. 526.203, sold.
736	Section 9. Paragraph (ccc) of subsection (7) of section
737	212.08, Florida Statutes, is amended to read:
738	212.08 Sales, rental, use, consumption, distribution, and
739	storage tax; specified exemptions.--The sale at retail, the
740	rental, the use, the consumption, the distribution, and the
741	storage to be used or consumed in this state of the following
742	are hereby specifically exempt from the tax imposed by this
743	chapter.
744	(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
745	entity by this chapter do not inure to any transaction that is
746	otherwise taxable under this chapter when payment is made by a
747	representative or employee of the entity by any means,
748	including, but not limited to, cash, check, or credit card, even
749	when that representative or employee is subsequently reimbursed
750	by the entity. In addition, exemptions provided to any entity by
751	this subsection do not inure to any transaction that is
752	otherwise taxable under this chapter unless the entity has
753	obtained a sales tax exemption certificate from the department
754	or the entity obtains or provides other documentation as
755	required by the department. Eligible purchases or leases made
756	with such a certificate must be in strict compliance with this
757	subsection and departmental rules, and any person who makes an
758	exempt purchase with a certificate that is not in strict
759	compliance with this subsection and the rules is liable for and
760	shall pay the tax. The department may adopt rules to administer
761	this subsection.
762	(ccc) Equipment, machinery, and other materials for
763	renewable energy technologies.--
764	1. As used in this paragraph, the term:
765	a. "Biodiesel" means the mono-alkyl esters of long-chain
766	fatty acids derived from plant or animal matter for use as a
767	source of energy and meeting the specifications for biodiesel
768	and biodiesel blends with petroleum products as adopted by the
769	Department of Agriculture and Consumer Services. Biodiesel may
770	refer to biodiesel blends designated BXX, where XX represents
771	the volume percentage of biodiesel fuel in the blend.
772	b. "Ethanol" means an ~~nominally~~ anhydrous denatured
773	alcohol produced by the conversion of carbohydrates ~~fermentation~~
774	~~of plant sugars~~ meeting the specifications for fuel ethanol and
775	fuel ethanol blends with petroleum products as adopted by the
776	Department of Agriculture and Consumer Services. Ethanol may
777	refer to fuel ethanol blends designated EXX, where XX represents
778	the volume percentage of fuel ethanol in the blend.
779	c. "Hydrogen fuel cells" means equipment using hydrogen or
780	a hydrogen-rich fuel in an electrochemical process to generate
781	energy, electricity, or the transfer of heat.
782	2. The sale or use of the following in the state is exempt
783	from the tax imposed by this chapter:
784	a. Hydrogen-powered vehicles, materials incorporated into
785	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
786	a limit of $2 million in tax each state fiscal year for all
787	taxpayers.
788	b. Commercial stationary hydrogen fuel cells, up to a
789	limit of $1 million in tax each state fiscal year for all
790	taxpayers.
791	c. Materials used in the distribution of biodiesel (B10-
792	B100) and ethanol (E10-E100), including fueling infrastructure,
793	transportation, and storage, up to a limit of $1 million in tax
794	each state fiscal year for all taxpayers. Gasoline fueling
795	station pump retrofits for ethanol (E10-E100) distribution
796	qualify for the exemption provided in this sub-subparagraph.
797	3. The Florida Energy and Climate Commission ~~Department of~~
798	~~Environmental Protection~~ shall provide to the department a list
799	of items eligible for the exemption provided in this paragraph.
800	4.a. The exemption provided in this paragraph shall be
801	available to a purchaser only through a refund of previously
802	paid taxes. An eligible item is subject to refund one time. A
803	person who has received a refund on an eligible item shall
804	notify the next purchaser of the item that such item is no
805	longer eligible for a refund of paid taxes. This notification
806	shall be provided to each subsequent purchaser on the sales
807	invoice or other proof of purchase.
808	b. To be eligible to receive the exemption provided in
809	this paragraph, a purchaser shall file an application with the
810	Florida Energy and Climate Commission ~~Department of~~
811	~~Environmental Protection~~. The application shall be developed by
812	the Florida Energy and Climate Commission ~~Department of~~
813	~~Environmental Protection~~, in consultation with the department,
814	and shall require:
815	(I) The name and address of the person claiming the
816	refund.
817	(II) A specific description of the purchase for which a
818	refund is sought, including, when applicable, a serial number or
819	other permanent identification number.
820	(III) The sales invoice or other proof of purchase showing
821	the amount of sales tax paid, the date of purchase, and the name
822	and address of the sales tax dealer from whom the property was
823	purchased.
824	(IV) A sworn statement that the information provided is
825	accurate and that the requirements of this paragraph have been
826	met.
827	c. Within 30 days after receipt of an application, the
828	Florida Energy and Climate Commission ~~Department of~~
829	~~Environmental Protection~~ shall review the application and shall
830	notify the applicant of any deficiencies. Upon receipt of a
831	completed application, the Florida Energy and Climate Commission
832	~~Department of Environmental Protection~~ shall evaluate the
833	application for exemption and issue a written certification that
834	the applicant is eligible for a refund or issue a written denial
835	of such certification within 60 days after receipt of the
836	application. The Florida Energy and Climate Commission
837	~~Department of Environmental Protection~~ shall provide the
838	department with a copy of each certification issued upon
839	approval of an application.
840	d. Each certified applicant shall be responsible for
841	forwarding a certified copy of the application and copies of all
842	required documentation to the department within 6 months after
843	certification by the Florida Energy and Climate Commission
844	~~Department of Environmental Protection~~.
845	e. ~~The provisions of s. 212.095 do not apply to any refund~~
846	~~application made pursuant to this paragraph.~~ A refund approved
847	pursuant to this paragraph shall be made within 30 days after
848	formal approval by the department.
849	f. The Florida Energy and Climate Commission may adopt the
850	form for the application for a certificate, requirements for the
851	content and format of information submitted to the Florida
852	Energy and Climate Commission in support of the application,
853	other procedural requirements, and criteria by which the
854	application will be determined by rule. The department may adopt
855	all other rules pursuant to ss. 120.536(1) and 120.54 to
856	administer this paragraph, including rules establishing
857	additional forms and procedures for claiming this exemption.
858	g. The Florida Energy and Climate Commission ~~Department of~~
859	~~Environmental Protection~~ shall be responsible for ensuring that
860	the total amounts of the exemptions authorized do not exceed the
861	limits as specified in subparagraph 2.
862	5. The Florida Energy and Climate Commission ~~Department of~~
863	~~Environmental Protection~~ shall determine and publish on a
864	regular basis the amount of sales tax funds remaining in each
865	fiscal year.
866	6. This paragraph expires July 1, 2010.
867	Section 10. Subsection (2) of section 220.191, Florida
868	Statutes, is amended to read:
869	220.191 Capital investment tax credit.--
870	(2)(a) An annual credit against the tax imposed by this
871	chapter shall be granted to any qualifying business in an amount
872	equal to 5 percent of the eligible capital costs generated by a
873	qualifying project, for a period not to exceed 20 years
874	beginning with the commencement of operations of the project.
875	Unless assigned as described in this subsection, the tax credit
876	shall be granted against only the corporate income tax liability
877	or the premium tax liability generated by or arising out of the
878	qualifying project, and the sum of all tax credits provided
879	pursuant to this section shall not exceed 100 percent of the
880	eligible capital costs of the project. In no event may any
881	credit granted under this section be carried forward or backward
882	by any qualifying business with respect to a subsequent or prior
883	year. The annual tax credit granted under this section shall not
884	exceed the following percentages of the annual corporate income
885	tax liability or the premium tax liability generated by or
886	arising out of a qualifying project:
887	1.~~(a)~~ One hundred percent for a qualifying project which
888	results in a cumulative capital investment of at least $100
889	million.
890	2.~~(b)~~ Seventy-five percent for a qualifying project which
891	results in a cumulative capital investment of at least $50
892	million but less than $100 million.
893	3.~~(c)~~ Fifty percent for a qualifying project which results
894	in a cumulative capital investment of at least $25 million but
895	less than $50 million.
896	(b) A qualifying project which results in a cumulative
897	capital investment of less than $25 million is not eligible for
898	the capital investment tax credit. An insurance company claiming
899	a credit against premium tax liability under this program shall
900	not be required to pay any additional retaliatory tax levied
901	pursuant to s. 624.5091 as a result of claiming such credit.
902	Because credits under this section are available to an insurance
903	company, s. 624.5091 does not limit such credit in any manner.
904	(c) A qualifying business that establishes a qualifying
905	project that includes locating a new solar panel manufacturing
906	facility in this state that generates a minimum of 400 jobs
907	within 6 months after commencement of operations with an average
908	salary of at least $50,000 may assign or transfer the annual
909	credit, or any portion thereof, granted under this section to
910	any other business. However, the amount of the tax credit that
911	may be transferred in any year shall be the lesser of the
912	qualifying business's state corporate income tax liability for
913	that year, as limited by the percentages applicable under
914	paragraph (a) and as calculated prior to taking any credit
915	pursuant to this section, or the credit amount granted for that
916	year. A business receiving the transferred or assigned credits
917	may use the credits only in the year received, and the credits
918	may not be carried forward or backward. To perfect the transfer,
919	the transferor shall provide the department with a written
920	transfer statement notifying the department of the transferor's
921	intent to transfer the tax credits to the transferee; the date
922	the transfer is effective; the transferee's name, address, and
923	federal taxpayer identification number; the tax period; and the
924	amount of tax credits to be transferred. The department shall,
925	upon receipt of a transfer statement conforming to the
926	requirements of this paragraph, provide the transferee with a
927	certificate reflecting the tax credit amounts transferred. A
928	copy of the certificate must be attached to each tax return for
929	which the transferee seeks to apply such tax credits.
930	Section 11. Present subsections (1), (3), (6), and (7) of
931	section 220.192, Florida Statutes, are amended, and a new
932	subsection (6) is added to that section, to read:
933	220.192 Renewable energy technologies investment tax
934	credit.--
935	(1) DEFINITIONS.--For purposes of this section, the term:
936	(a) "Biodiesel" means biodiesel as defined in s.
937	212.08(7)(ccc).
938	(b) "Corporation" includes a general partnership, limited
939	partnership, limited liability company, unincorporated business,
940	or other business entity, including entities taxed as
941	partnerships for federal income tax purposes.
942	(c)~~(b)~~ "Eligible costs" means:
943	1. Seventy-five percent of all capital costs, operation
944	and maintenance costs, and research and development costs
945	incurred between July 1, 2006, and June 30, 2010, up to a limit
946	of $3 million per state fiscal year for all taxpayers, in
947	connection with an investment in hydrogen-powered vehicles and
948	hydrogen vehicle fueling stations in the state, including, but
949	not limited to, the costs of constructing, installing, and
950	equipping such technologies in the state.
951	2. Seventy-five percent of all capital costs, operation
952	and maintenance costs, and research and development costs
953	incurred between July 1, 2006, and June 30, 2010, up to a limit
954	of $1.5 million per state fiscal year for all taxpayers, and
955	limited to a maximum of $12,000 per fuel cell, in connection
956	with an investment in commercial stationary hydrogen fuel cells
957	in the state, including, but not limited to, the costs of
958	constructing, installing, and equipping such technologies in the
959	state.
960	3. Seventy-five percent of all capital costs, operation
961	and maintenance costs, and research and development costs
962	incurred between July 1, 2006, and June 30, 2010, up to a limit
963	of $6.5 million per state fiscal year for all taxpayers, in
964	connection with an investment in the production, storage, and
965	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
966	the state, including the costs of constructing, installing, and
967	equipping such technologies in the state. Gasoline fueling
968	station pump retrofits for ethanol (E10-E100) distribution
969	qualify as an eligible cost under this subparagraph.
970	(d)~~(c)~~ "Ethanol" means ethanol as defined in s.
971	212.08(7)(ccc).
972	(e)~~(d)~~ "Hydrogen fuel cell" means hydrogen fuel cell as
973	defined in s. 212.08(7)(ccc).
974	(f) "Taxpayer" includes a corporation as defined in
975	paragraph (b) or s. 220.03.
976	(3) CORPORATE APPLICATION PROCESS.--Any corporation
977	wishing to obtain tax credits available under this section must
978	submit to the Florida Energy and Climate Commission ~~Department~~
979	~~of Environmental Protection~~ an application for tax credit that
980	includes a complete description of all eligible costs for which
981	the corporation is seeking a credit and a description of the
982	total amount of credits sought. The Florida Energy and Climate
983	Commission ~~Department of Environmental Protection~~ shall make a
984	determination on the eligibility of the applicant for the
985	credits sought and certify the determination to the applicant
986	and the Department of Revenue. The corporation must attach the
987	Florida Energy and Climate Commission's ~~Department of~~
988	~~Environmental Protection's~~ certification to the tax return on
989	which the credit is claimed. The Florida Energy and Climate
990	Commission ~~Department of Environmental Protection~~ shall be
991	responsible for ensuring that the corporate income tax credits
992	granted in each fiscal year do not exceed the limits provided
993	for in this section. The Florida Energy and Climate Commission
994	~~Department of Environmental Protection~~ is authorized to adopt
995	the necessary rules, guidelines, and application materials for
996	the application process.
997	(6) TRANSFERABILITY OF CREDIT.--
998	(a) For tax years beginning on or after January 1, 2009,
999	any corporation or subsequent transferee allowed a tax credit
1000	under this section may transfer the credit, in whole or in part,
1001	to any taxpayer by written agreement without transferring any
1002	ownership interest in the property generating the credit or any
1003	interest in the entity owning such property. The transferee is
1004	entitled to apply the credits against the tax with the same
1005	effect as if the transferee had incurred the eligible costs.
1006	(b) To perfect the transfer, the transferor shall provide
1007	the department with a written transfer statement notifying the
1008	department of the transferor's intent to transfer the tax
1009	credits to the transferee; the date the transfer is effective;
1010	the transferee's name, address, and federal taxpayer
1011	identification number; the tax period; and the amount of tax
1012	credits to be transferred. The department shall, upon receipt of
1013	a transfer statement conforming to the requirements of this
1014	section, provide the transferee with a certificate reflecting
1015	the tax credit amounts transferred. A copy of the certificate
1016	must be attached to each tax return for which the transferee
1017	seeks to apply such tax credits.
1018	(c) A tax credit authorized under this section that is
1019	held by a corporation and not transferred under this subsection
1020	shall be passed through to the taxpayers designated as partners,
1021	members, or owners, respectively, in the manner agreed to by
1022	such persons regardless of whether such partners, members, or
1023	owners are allocated or allowed any portion of the federal
1024	energy tax credit for the eligible costs. A corporation that
1025	passes the credit through to a partner, member, or owner must
1026	comply with the notification requirements described in paragraph
1027	(b). The partner, member, or owner must attach a copy of the
1028	certificate to each tax return on which the partner, member, or
1029	owner claims any portion of the credit.
1030	(7)~~(6)~~ RULES.--The Department of Revenue shall have the
1031	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
1032	to administer this section, including rules relating to:
1033	(a) The forms required to claim a tax credit under this
1034	section, the requirements and basis for establishing an
1035	entitlement to a credit, and the examination and audit
1036	procedures required to administer this section.
1037	(b) The implementation and administration of the
1038	provisions allowing a transfer of a tax credit, including rules
1039	prescribing forms, reporting requirements, and specific
1040	procedures, guidelines, and requirements necessary to transfer a
1041	tax credit.
1042	(8)~~(7)~~ PUBLICATION.--The Florida Energy and Climate
1043	Commission ~~Department of Environmental Protection~~ shall
1044	determine and publish on a regular basis the amount of available
1045	tax credits remaining in each fiscal year.
1046	Section 12. Paragraphs (f) and (g) are added to subsection
1047	(2) and paragraphs (j) and (k) are added to subsection (3) of
1048	section 220.193, Florida Statutes, to read:
1049	220.193 Florida renewable energy production credit.--
1050	(2) As used in this section, the term:
1051	(f) "Sale" or "sold" includes the use of electricity by
1052	the producer of such electricity which decreases the amount of
1053	electricity that the producer would otherwise have to purchase.
1054	(g) "Taxpayer" includes a general partnership, limited
1055	partnership, limited liability company, trust, or other
1056	artificial entity in which a corporation, as defined in s.
1057	220.03(1)(e), owns an interest and is taxed as a partnership or
1058	is disregarded as a separate entity from the corporation under
1059	this chapter.
1060	(3) An annual credit against the tax imposed by this
1061	section shall be allowed to a taxpayer, based on the taxpayer's
1062	production and sale of electricity from a new or expanded
1063	Florida renewable energy facility. For a new facility, the
1064	credit shall be based on the taxpayer's sale of the facility's
1065	entire electrical production. For an expanded facility, the
1066	credit shall be based on the increases in the facility's
1067	electrical production that are achieved after May 1, 2006.
1068	(j) When an entity treated as a partnership or a
1069	disregarded entity under this chapter produces and sells
1070	electricity from a new or expanded renewable energy facility,
1071	the credit earned by such entity shall pass through in the same
1072	manner as items of income and expense pass through for federal
1073	income tax purposes. When an entity applies for the credit and
1074	the entity has received the credit by a pass-through, the
1075	application must identify the taxpayer that passed the credit
1076	through, all taxpayers that received the credit, and the
1077	percentage of the credit that passes through to each recipient
1078	and must provide other information that the department requires.
1079	(k) A taxpayer's use of the credit granted pursuant to
1080	this section does not reduce the amount of any credit available
1081	to such taxpayer under s. 220.186.
1082	Section 13. It is the intent of the Legislature that the
1083	amendments made by this act to s. 220.193, Florida Statutes, are
1084	remedial in nature and apply retroactively to the effective date
1085	of the law establishing the credit.
1086	Section 14. Subsection (2) of section 253.02, Florida
1087	Statutes, is amended to read:
1088	253.02 Board of trustees; powers and duties.--
1089	(2)(a) The board of trustees shall not sell, transfer, or
1090	otherwise dispose of any lands the title to which is vested in
1091	the board of trustees except by vote of at least three of the
1092	four trustees.
1093	(b) The authority of the board of trustees to grant
1094	easements for rights-of-way over, across, and upon uplands the
1095	title to which is vested in the board of trustees for the
1096	construction and operation of electric transmission and
1097	distribution facilities and related appurtenances is hereby
1098	confirmed. The board of trustees may delegate to the Secretary
1099	of Environmental Protection the authority to grant such
1100	easements on its behalf. All easements for rights-of-way over,
1101	across, and upon uplands the title to which is vested in the
1102	board of trustees for the construction and operation of electric
1103	transmission and distribution facilities and related
1104	appurtenances which are approved by the Secretary of
1105	Environmental Protection pursuant to the authority delegated by
1106	the board of trustees shall meet the following criteria:
1107	1. Such easements shall not prevent the use of the state-
1108	owned uplands adjacent to the easement area for the purposes for
1109	which such lands were acquired and shall not unreasonably
1110	diminish the ecological, conservation, or recreational values of
1111	the state-owned uplands adjacent to the easement area.
1112	2. There is no practical and prudent alternative to
1113	locating the linear facility and related appurtenances on state-
1114	owned upland. For purposes of this subparagraph, the test of
1115	practicality and prudence shall compare the social, economic,
1116	and environmental effects of the alternatives.
1117	3. Appropriate steps are taken to minimize the impacts to
1118	state-owned uplands. Such steps may include:
1119	a. Siting of facilities so as to reduce impacts and
1120	minimize fragmentation of the overall state-owned parcel;
1121	b. Avoiding significant wildlife habitat, wetlands, or
1122	other valuable natural resources to the maximum extent
1123	practicable; or
1124	c. Avoiding interference with active land management
1125	practices, such as prescribed burning.
1126	4. Except for easements granted as a part of a land
1127	exchange to accomplish a recreational or conservation benefit or
1128	other public purpose, in exchange for such easements, the
1129	grantee pays an amount equal to the market value of the interest
1130	acquired. In addition, for the initial grant of such easements
1131	only, the grantee shall provide additional compensation by
1132	vesting in the board of trustees fee simple title to other
1133	available uplands that are 1.5 times the size of the easement
1134	acquired by the grantee. The Secretary of Environmental
1135	Protection shall approve the property to be acquired on behalf
1136	of the board of trustees based on the geographic location in
1137	relation to the land proposed to be under easement and a
1138	determination that economic, ecological, and recreational value
1139	is at least equivalent to the value of the lands under proposed
1140	easement. Priority for replacement uplands shall be given to
1141	parcels identified as in-holdings and additions to public lands
1142	and lands on a Florida Forever land acquisition list. However,
1143	if suitable replacement uplands cannot be identified, the
1144	grantee shall provide additional compensation for the initial
1145	grant of such easements only by paying to the department an
1146	amount equal to 2 times the current market value of the state-
1147	owned land or the highest and best use value at the time of
1148	purchase, whichever is greater. When determining such use of
1149	funds, priority shall be given to parcels identified as in-
1150	holdings and additions to public lands and lands on a Florida
1151	Forever land acquisition list.
1152	(c) Where authority to approve easements for rights-of-way
1153	over, across, and upon uplands the title to which is vested in
1154	the board of trustees for the construction and operation of
1155	electric transmission and distribution facilities and related
1156	appurtenances has not been delegated to the Secretary of
1157	Environmental Protection, the board of trustees shall apply the
1158	same criteria and require the same compensation as provided
1159	above, provided, however, the board of trustees shall have the
1160	discretion to determine the amount of replacement lands required
1161	within a range of from one to two times the size of the easement
1162	acquired by the grantee, depending upon the degree to which the
1163	proposed use of the easement will interfere with the manner in
1164	which the lands within the proposed easement area have
1165	historically been managed.
1166	Section 15. Paragraph (d) of subsection (3) of section
1167	255.249, Florida Statutes, is amended to read:
1168	255.249 Department of Management Services; responsibility;
1169	department rules.--
1170	(3)
1171	(d) By June 30 of each year, each state agency shall
1172	annually provide to the department all information regarding
1173	agency programs affecting the need for or use of space by that
1174	agency, reviews of lease-expiration schedules for each
1175	geographic area, active and planned full-time equivalent data,
1176	business case analyses related to consolidation plans by an
1177	agency, a telecommuting program, and current occupancy and
1178	relocation costs, inclusive of furnishings, fixtures and
1179	equipment, data, and communications.
1180	Section 16. Section 255.251, Florida Statutes, is amended
1181	to read:
1182	255.251 Energy Conservation and Sustainable in Buildings
1183	Act; short title.--This act shall be cited as the "Florida
1184	Energy Conservation and Sustainable in Buildings Act ~~of 1974~~."
1185	Section 17. Section 255.252, Florida Statutes, is amended
1186	to read:
1187	255.252 Findings and intent.--
1188	(1) Operating and maintenance expenditures associated with
1189	energy equipment and with energy consumed in state-financed and
1190	leased buildings represent a significant cost over the life of a
1191	building. Energy conserved by appropriate building design not
1192	only reduces the demand for energy but also reduces costs for
1193	building operation. ~~For example, commercial buildings are~~
1194	~~estimated to use from 20 to 80 percent more energy than would be~~
1195	~~required if energy-conserving designs were used.~~ The size,
1196	design, orientation, and operability of windows, the ratio of
1197	ventilating air to air heated or cooled, the level of lighting
1198	consonant with space-use requirements, the handling of occupancy
1199	loads, and the ability to zone off areas not requiring
1200	equivalent levels of heating or cooling are but a few of the
1201	considerations necessary to conserving energy.
1202	(2) Significant efforts are needed to build energy-
1203	efficient state-owned buildings that meet environmental
1204	standards and ~~underway by the General Services Administration,~~
1205	~~the National Institute of Standards and Technology, and others~~
1206	~~to detail the considerations and practices for energy~~
1207	~~conservation in buildings. Most important is that energy-~~
1208	~~efficient designs~~ provide energy savings over the life of the
1209	building structure. ~~Conversely, energy-inefficient designs cause~~
1210	~~excess and wasteful energy use and high costs over that life.~~
1211	With buildings lasting many decades and with energy costs
1212	escalating rapidly, it is essential that the costs of operation
1213	and maintenance for energy-using equipment and sustainable
1214	materials be included in all design proposals for state-owned
1215	~~state~~ buildings.
1216	(3) In order that such energy-efficiency and sustainable
1217	materials considerations become a function of building design,
1218	and ~~also~~ a model for future application in the private sector,
1219	it shall be the policy of the state that buildings constructed
1220	and financed by the state be designed and constructed to comply
1221	with the United States Green Building Council (USGBC) Leadership
1222	in Energy and Environmental Design (LEED) rating system, the
1223	Green Building Initiative's Green Globes rating system, the
1224	Florida Green Building Coalition standards, or a nationally
1225	recognized, high-performance green building rating system as
1226	approved by the department ~~in a manner which will minimize the~~
1227	~~consumption of energy used in the operation and maintenance of~~
1228	~~such buildings~~. It is further the policy of the state, when
1229	economically feasible, to retrofit existing state-owned
1230	buildings in a manner which will minimize the consumption of
1231	energy used in the operation and maintenance of such buildings.
1232	(4) In addition to designing and constructing new
1233	buildings to be energy-efficient, it shall be the policy of the
1234	state to operate and, maintain~~, and renovate existing~~ state
1235	facilities~~, or provide for their renovation,~~ in a manner which
1236	will minimize energy consumption and maximize building
1237	sustainability as well as ensure that facilities leased by the
1238	state are operated so as to minimize energy use. It is further
1239	the policy of the state that the renovation of existing state
1240	facilities be in accordance with the United States Green
1241	Building Council (USGBC) Leadership in Energy and Environmental
1242	Design (LEED) rating system, the Green Building Initiative's
1243	Green Globes rating system, the Florida Green Building Coalition
1244	standards, or a nationally recognized, high-performance green
1245	building rating system as approved by the department. State
1246	agencies are encouraged to consider shared savings financing of
1247	such energy efficiency and conservation projects, using
1248	contracts which split the resulting savings for a specified
1249	period of time between the state agency and the private firm or
1250	cogeneration contracts which otherwise permit the state to lower
1251	its net energy costs. Such energy contracts may be funded from
1252	the operating budget.
1253	(5) Each state agency occupying space within buildings
1254	owned or managed by the Department of Management Services must
1255	identify and compile a list of projects determined to be
1256	suitable for a guaranteed energy, water, and wastewater
1257	performance savings contract pursuant to s. 489.145. The list of
1258	projects compiled by each state agency shall be submitted to the
1259	Department of Management Services by December 31, 2008, and must
1260	include all criteria used to determine suitability. The list of
1261	projects shall be developed from the list of state-owned
1262	facilities more than 5,000 square feet in area and for which the
1263	state agency is responsible for paying the expenses of utilities
1264	and other operating expenses as they relate to energy use. In
1265	consultation with the head of each state agency, by July 1,
1266	2009, the department shall prioritize all projects deemed
1267	suitable by each state agency and shall develop an energy
1268	efficiency project schedule based on factors such as project
1269	magnitude, efficiency and effectiveness of energy conservation
1270	measures to be implemented, and other factors that may prove to
1271	be advantageous to pursue. The schedule shall provide the
1272	deadline for guaranteed energy, water, and wastewater
1273	performance savings contract improvements to be made to the
1274	state-owned buildings.
1275	Section 18. Subsections (6) and (7) are added to section
1276	255.253, Florida Statutes, to read:
1277	255.253 Definitions; ss. 255.251-255.258.--
1278	(6) "Sustainable building" means a building that is
1279	healthy and comfortable for its occupants and is economical to
1280	operate while conserving resources, including energy, water, and
1281	raw materials and land, and minimizing the generation and use of
1282	toxic materials and waste in its design, construction,
1283	landscaping, and operation.
1284	(7) "Sustainable building rating" means a rating
1285	established by the United States Green Building Council (USGBC)
1286	Leadership in Energy and Environmental Design (LEED) rating
1287	system, the Green Building Initiative's Green Globes rating
1288	system, the Florida Green Building Coalition standards, or a
1289	nationally recognized, high-performance green building rating
1290	system as approved by the department.
1291	Section 19. Subsection (1) of section 255.254, Florida
1292	Statutes, is amended to read:
1293	255.254 No facility constructed or leased without life-
1294	cycle costs.--
1295	(1) No state agency shall lease, construct, or have
1296	constructed, within limits prescribed in this section ~~herein~~, a
1297	facility without having secured from the department an ~~a proper~~
1298	evaluation of life-cycle costs based on sustainable building
1299	ratings~~, as computed by an architect or engineer~~. Furthermore,
1300	construction shall proceed only upon disclosing to the
1301	department, for the facility chosen, the life-cycle costs as
1302	determined in s. 255.255, the facility's sustainable building
1303	rating goal, and the capitalization of the initial construction
1304	costs of the building. The life-cycle costs and the sustainable
1305	building rating goal shall be a primary considerations
1306	~~consideration~~ in the selection of a building design. ~~Such~~
1307	~~analysis shall be required only for construction of buildings~~
1308	~~with an area of 5,000 square feet or greater.~~ For leased
1309	buildings more than 5,000 ~~areas of 20,000~~ square feet in area or
1310	~~greater~~ within a given building boundary, an energy performance
1311	~~a life-cycle~~ analysis consisting of a projection of the annual
1312	energy consumption costs in dollars per square foot of major
1313	energy-consuming equipment and systems based on actual expenses
1314	from the last 3 years and projected forward for the term of the
1315	proposed lease shall be performed. The~~, and a~~ lease shall only
1316	be made where there is a showing that the energy ~~life-cycle~~
1317	costs incurred by the state are minimal compared to available
1318	like facilities. A lease agreement for any building leased by
1319	the state from a private-sector entity shall include provisions
1320	for monthly energy use data to be collected and submitted
1321	monthly to the department by the owner of the building.
1322	Section 20. Subsection (1) of section 255.255, Florida
1323	Statutes, is amended to read:
1324	255.255 Life-cycle costs.--
1325	(1) The department shall adopt ~~promulgate~~ rules and
1326	procedures, including energy conservation performance guidelines
1327	based on sustainable building ratings, for conducting a life-
1328	cycle cost analysis of alternative architectural and engineering
1329	designs and alternative major items of energy-consuming
1330	equipment to be retrofitted in existing state-owned ~~or leased~~
1331	facilities and for developing energy performance indices to
1332	evaluate the efficiency of energy utilization for competing
1333	designs in the construction of state-financed and leased
1334	facilities.
1335	Section 21. Section 255.257, Florida Statutes, is amended
1336	to read:
1337	255.257 Energy management; buildings occupied by state
1338	agencies.--
1339	(1) ENERGY CONSUMPTION AND COST DATA.--Each state agency
1340	shall collect data on energy consumption and cost. The data
1341	gathered shall be on state-owned facilities and metered state-
1342	leased facilities of 5,000 net square feet or more. These data
1343	will be used in the computation of the effectiveness of the
1344	state energy management plan and the effectiveness of the energy
1345	management program of each of the state agencies. Collected data
1346	shall be reported annually to the department in a format
1347	prescribed by the department.
1348	(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1349	the Florida Public Service Commission, the Department of
1350	Military Affairs, and the judicial branch shall appoint a
1351	coordinator whose responsibility shall be to advise the head of
1352	the state agency on matters relating to energy consumption in
1353	facilities under the control of that head or in space occupied
1354	by the various units comprising that state agency, in vehicles
1355	operated by that state agency, and in other energy-consuming
1356	activities of the state agency. The coordinator shall implement
1357	the energy management program agreed upon by the state agency
1358	concerned and assist the department in the development of the
1359	State Energy Management Plan.
1360	(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1361	Department of Management Services shall ~~may~~ develop a state
1362	energy management plan consisting of, but not limited to, the
1363	following elements:
1364	(a) Data-gathering requirements;
1365	(b) Building energy audit procedures;
1366	(c) Uniform data analysis procedures;
1367	(d) Employee energy education program measures;
1368	(e) Energy consumption reduction techniques;
1369	(f) Training program for state agency energy management
1370	coordinators; and
1371	(g) Guidelines for building managers.
1372
1373	The plan shall include a description of actions that state
1374	agencies shall take to reduce consumption of electricity and
1375	nonrenewable energy sources used for space heating and cooling,
1376	ventilation, lighting, water heating, and transportation.
1377	(4) ADOPTION OF STANDARDS.--
1378	(a) All state agencies shall adopt the United States Green
1379	Building Council (USGBC) Leadership in Energy and Environmental
1380	Design (LEED) rating system, the Green Building Initiative's
1381	Green Globes rating system, the Florida Green Building Coalition
1382	standards, or a nationally recognized, high-performance green
1383	building rating system as approved by the department for all new
1384	buildings and renovations to existing buildings.
1385	(b) No state agency shall enter into new leasing
1386	agreements for office space that does not meet Energy Star
1387	building standards, except when determined by the appropriate
1388	state agency head that no other viable or cost-effective
1389	alternative exists.
1390	(c) All state agencies shall develop energy conservation
1391	measures and guidelines for new and existing office space where
1392	state agencies occupy more than 5,000 square feet. These
1393	conservation measures shall focus on programs that may reduce
1394	energy consumption and, when established, provide a net
1395	reduction in occupancy costs.
1396	Section 22. (1) The Legislature declares that there is an
1397	important state interest in promoting the construction of
1398	energy-efficient and sustainable buildings. Government
1399	leadership in promoting these standards is vital to demonstrate
1400	the state's commitment to energy conservation, saving taxpayers
1401	money, and raising public awareness of energy-rating systems.
1402	(2) All county, municipal, school district, water
1403	management district, state university, community college, and
1404	Florida state court buildings shall be constructed to meet the
1405	United States Green Building Council (USGBC) Leadership in
1406	Energy and Environmental Design (LEED) rating system, the Green
1407	Building Initiative's Green Globes rating system, the Florida
1408	Green Building Coalition standards, or a nationally recognized,
1409	high-performance green building rating system as approved by the
1410	Department of Management Services. This section shall apply to
1411	all county, municipal, school district, water management
1412	district, state university, community college, and Florida state
1413	court buildings the architectural plans of which are commenced
1414	after July 1, 2008.
1415	(3) St. Petersburg College may work with the Florida
1416	Community College System and may consult with the University of
1417	Florida to provide training and educational opportunities that
1418	will ensure that green building rating system certifying agents
1419	(accredited professionals who possess a knowledge and
1420	understanding of green building processes, practices, and
1421	principles) are available to work with the entities specified in
1422	subsection (2) as they construct public buildings to meet green
1423	building rating system standards. St. Petersburg College may
1424	work with the construction industry to develop online continuing
1425	education curriculum for use statewide by builders constructing
1426	energy-efficient and sustainable public-sector buildings and
1427	students interested in the college's Green/Sustainability Track
1428	in its Management and Organization Leadership area of study.
1429	Curriculum developed may be offered by St. Petersburg College or
1430	in cooperation with other programs at other community colleges.
1431	Section 23. Section 286.29, Florida Statutes, is created
1432	to read:
1433	286.29 Climate-friendly public business.--The Legislature
1434	recognizes the importance of leadership by state government in
1435	the area of energy efficiency and in reducing the greenhouse gas
1436	emissions of state government operations. The following shall
1437	pertain to all state agencies when conducting public business:
1438	(1) The Department of Management Services shall develop
1439	the "Florida Climate-Friendly Preferred Products List." In
1440	maintaining that list, the department, in consultation with the
1441	Department of Environmental Protection, shall continually assess
1442	products currently available for purchase under state term
1443	contracts to identify specific products and vendors that offer
1444	clear energy efficiency or other environmental benefits over
1445	competing products. When procuring products from state term
1446	contracts, state agencies shall first consult the Florida
1447	Climate-Friendly Preferred Products List and procure such
1448	products if the price is comparable.
1449	(2) Effective July 1, 2008, state agencies shall contract
1450	for meeting and conference space only with hotels or conference
1451	facilities that have received the "Green Lodging" designation
1452	from the Department of Environmental Protection for best
1453	practices in water, energy, and waste efficiency standards,
1454	unless the responsible state agency head makes a determination
1455	that no other viable alternative exists. The Department of
1456	Environmental Protection is authorized to adopt rules to
1457	implement the "Green Lodging" program.
1458	(3) Each state agency shall ensure that all maintained
1459	vehicles meet minimum maintenance schedules shown to reduce fuel
1460	consumption, which include: ensuring appropriate tire pressures
1461	and tread depth; replacing fuel filters and emission filters at
1462	recommended intervals; using proper motor oils; and performing
1463	timely motor maintenance. Each state agency shall measure and
1464	report compliance to the Department of Management Services
1465	through the Equipment Management Information System database.
1466	(4) When procuring new vehicles, all state agencies, state
1467	universities, community colleges, and local governments that
1468	purchase vehicles under a state purchasing plan shall first
1469	define the intended purpose for the vehicle and determine which
1470	of the following use classes for which the vehicle is being
1471	procured:
1472	(a) State business travel, designated operator;
1473	(b) State business travel, pool operators;
1474	(c) Construction, agricultural, or maintenance work;
1475	(d) Conveyance of passengers;
1476	(e) Conveyance of building or maintenance materials and
1477	supplies;
1478	(f) Off-road vehicle, motorcycle, or all-terrain vehicle;
1479	(g) Emergency response; or
1480	(h) Other.
1481
1482	Vehicles described in paragraphs (a) through (h), when being
1483	processed for purchase or leasing agreements, must be selected
1484	for the greatest fuel efficiency available for a given use class
1485	when fuel economy data are available. Exceptions may be made for
1486	individual vehicles in paragraph (g) when accompanied, during
1487	the procurement process, by documentation indicating that the
1488	operator or operators will exclusively be emergency first
1489	responders or have special documented need for exceptional
1490	vehicle performance characteristics. Any request for an
1491	exception must be approved by the purchasing agency head and any
1492	exceptional performance characteristics denoted as a part of the
1493	procurement process prior to purchase.
1494	(5) All state agencies shall use ethanol and biodiesel
1495	blended fuels when available. State agencies administering
1496	central fueling operations for state-owned vehicles shall
1497	procure biofuels for fleet needs to the greatest extent
1498	practicable.
1499	Section 24. Paragraph (b) of subsection (2) and subsection
1500	(5) of section 287.063, Florida Statutes, are amended to read:
1501	287.063 Deferred-payment commodity contracts; preaudit
1502	review.--
1503	(2)
1504	(b) The Chief Financial Officer shall establish, by rule,
1505	criteria for approving purchases made under deferred-payment
1506	contracts which require the payment of interest. Criteria shall
1507	include, but not be limited to, the following provisions:
1508	1. No contract shall be approved in which interest exceeds
1509	the statutory ceiling contained in this section. However, the
1510	interest component of any master equipment financing agreement
1511	entered into for the purpose of consolidated financing of a
1512	deferred-payment, installment sale, or lease-purchase shall be
1513	deemed to comply with the interest rate limitation of this
1514	section so long as the interest component of every interagency
1515	agreement under such master equipment financing agreement
1516	complies with the interest rate limitation of this section.
1517	2. No deferred-payment purchase for less than $30,000
1518	shall be approved, unless it can be satisfactorily demonstrated
1519	and documented to the Chief Financial Officer that failure to
1520	make such deferred-payment purchase would adversely affect an
1521	agency in the performance of its duties. However, the Chief
1522	Financial Officer may approve any deferred-payment purchase if
1523	the Chief Financial Officer determines that such purchase is
1524	economically beneficial to the state.
1525	~~3. No agency shall obligate an annualized amount of~~
1526	~~payments for deferred-payment purchases in excess of current~~
1527	~~operating capital outlay appropriations, unless specifically~~
1528	~~authorized by law or unless it can be satisfactorily~~
1529	~~demonstrated and documented to the Chief Financial Officer that~~
1530	~~failure to make such deferred-payment purchase would adversely~~
1531	~~affect an agency in the performance of its duties.~~
1532	3.4. No contract shall be approved which extends payment
1533	beyond 5 years, unless it can be satisfactorily demonstrated and
1534	documented to the Chief Financial Officer that failure to make
1535	such deferred-payment purchase would adversely affect an agency
1536	in the performance of its duties. The payment term may not
1537	exceed the useful life of the equipment unless the contract
1538	provides for the replacement or the extension of the useful life
1539	of the equipment during the term of the loan.
1540	(5) For purposes of this section, the annualized amount of
1541	any such deferred payment commodity contract must be supported
1542	from available recurring funds appropriated to the agency in an
1543	appropriation category, ~~other than the expense appropriation~~
1544	~~category~~ as defined in chapter 216, that the Chief Financial
1545	Officer has determined is appropriate or that the Legislature
1546	has designated for payment of the obligation incurred under this
1547	section.
1548	Section 25. Subsections (10) and (11) of section 287.064,
1549	Florida Statutes, are amended to read:
1550	287.064 Consolidated financing of deferred-payment
1551	purchases.--
1552	(10)(a) A master equipment financing agreement may finance
1553	~~Costs incurred pursuant to a guaranteed energy performance~~
1554	~~savings contract, including~~ the cost of energy, water, or
1555	wastewater efficiency and conservation measures~~, each~~ as defined
1556	in s. 489.145, excluding ~~may be financed pursuant to a master~~
1557	~~equipment financing agreement; however,~~ the costs of training,
1558	operation, and maintenance, for a term of repayment that ~~may not~~
1559	~~be financed. The period of time for repayment of the funds drawn~~
1560	~~pursuant to the master equipment financing agreement under this~~
1561	~~subsection~~ may exceed 5 years but may not exceed 20 10 years.
1562	(b) The guaranteed energy, water, and wastewater savings
1563	contractor shall provide for the replacement or the extension of
1564	the useful life of the equipment during the term of the
1565	contract.
1566	(11) For purposes of consolidated financing of deferred
1567	payment commodity contracts under this section by a state
1568	agency, the annualized amount of any such contract must be
1569	supported from available recurring funds appropriated to the
1570	agency in an appropriation category, ~~other than the expense~~
1571	~~appropriation category~~ as defined in chapter 216, which ~~that~~ the
1572	Chief Financial Officer has determined is appropriate or which
1573	~~that~~ the Legislature has designated for payment of the
1574	obligation incurred under this section.
1575	Section 26. Subsection (12) of section 287.16, Florida
1576	Statutes, is added to read:
1577	287.16 Powers and duties of department.--The Department of
1578	Management Services shall have the following powers, duties, and
1579	responsibilities:
1580	(12) To conduct, in coordination with the Department of
1581	Transportation, an analysis of fuel additive and biofuel use by
1582	the Department of Transportation through its central fueling
1583	facilities. The department shall encourage other state
1584	government entities to analyze transportation fuel usage,
1585	including the different types and percentages of fuels consumed,
1586	and report such information to the department.
1587
1588	Section 27. Present paragraphs (a) through (n) of
1589	subsection (2) of section 288.1089, Florida Statutes, are
1590	redesignated as paragraphs (b) through (o), respectively, and a
1591	new paragraph (a) is added to that subsection, subsections (3),
1592	(5), (6), and (7) of that section are amended, and paragraph (d)
1593	is added to subsection (4) of that section, to read:
1594	288.1089 Innovation Incentive Program.--
1595	(1) The Innovation Incentive Program is created within the
1596	Office of Tourism, Trade, and Economic Development to ensure
1597	that sufficient resources are available to allow the state to
1598	respond expeditiously to extraordinary economic opportunities
1599	and to compete effectively for high-value research and
1600	development and innovation business projects.
1601	(2) As used in this section, the term:
1602	(a) "Alternative and renewable energy" means electrical,
1603	mechanical, or thermal energy produced from a method that uses
1604	one or more of the following fuels or energy sources: ethanol,
1605	cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1606	hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1607	or geothermal.
1608	(3) To be eligible for consideration for an innovation
1609	incentive award, an innovation business or research and
1610	development entity, or alternative and renewable energy project
1611	must submit a written application to Enterprise Florida, Inc.,
1612	before making a decision to locate new operations in this state
1613	or expand an existing operation in this state. The application
1614	must include, but not be limited to:
1615	(a) The applicant's federal employer identification
1616	number, unemployment account number, and state sales tax
1617	registration number. If such numbers are not available at the
1618	time of application, they must be submitted to the office in
1619	writing prior to the disbursement of any payments under this
1620	section.
1621	(b) The location in this state at which the project is
1622	located or is to be located.
1623	(c) A description of the type of business activity,
1624	product, or research and development undertaken by the
1625	applicant, including six-digit North American Industry
1626	Classification System codes for all activities included in the
1627	project.
1628	(d) The applicant's projected investment in the project.
1629	(e) The total investment, from all sources, in the
1630	project.
1631	(f) The number of net new full-time equivalent jobs in
1632	this state the applicant anticipates having created as of
1633	December 31 of each year in the project and the average annual
1634	wage of such jobs.
1635	(g) The total number of full-time equivalent employees
1636	currently employed by the applicant in this state, if
1637	applicable.
1638	(h) The anticipated commencement date of the project.
1639	(i) A detailed explanation of why the innovation incentive
1640	is needed to induce the applicant to expand or locate in the
1641	state and whether an award would cause the applicant to locate
1642	or expand in this state.
1643	(j) If applicable, an estimate of the proportion of the
1644	revenues resulting from the project that will be generated
1645	outside this state.
1646	(4) To qualify for review by the office, the applicant
1647	must, at a minimum, establish the following to the satisfaction
1648	of Enterprise Florida, Inc., and the office:
1649	(d) For an alternative and renewable energy project in
1650	this state, the project must:
1651	1. Demonstrate a plan for significant collaboration with
1652	an institution of higher education;
1653	2. Provide the state, at a minimum, a break-even return on
1654	investment within a 20-year period;
1655	3. Include matching funds provided by the applicant or
1656	other available sources. This requirement may be waived if the
1657	office and the department determine that the merits of the
1658	individual project or the specific circumstances warrant such
1659	action;
1660	4. Be located in this state;
1661	5. Provide jobs that pay an estimated annual average wage
1662	that equals at least 130 percent of the average private-sector
1663	wage. The average wage requirement may be waived if the office
1664	and the commission determine that the merits of the individual
1665	project or the specific circumstances warrant such action; and
1666	6. Meet one of the following criteria:
1667	a. Result in the creation of at least 35 direct, new jobs
1668	at the business.
1669	b. Have an activity or product that uses feedstock or
1670	other raw materials grown or produced in this state.
1671	c. Have a cumulative investment of at least $50 million
1672	within a 5-year period.
1673	d. Address the technical feasibility of the technology,
1674	and the extent to which the proposed project has been
1675	demonstrated to be technically feasible based on pilot project
1676	demonstrations, laboratory testing, scientific modeling, or
1677	engineering or chemical theory that supports the proposal.
1678	e. Include innovative technology and the degree to which
1679	the project or business incorporates an innovative new
1680	technology or an innovative application of an existing
1681	technology.
1682	f. Include production potential and the degree to which a
1683	project or business generates thermal, mechanical, or electrical
1684	energy by means of a renewable energy resource that has
1685	substantial long-term production potential. The project must, to
1686	the extent possible, quantify annual production potential in
1687	megawatts or kilowatts.
1688	g. Include and address energy efficiency and the degree to
1689	which a project demonstrates efficient use of energy, water, and
1690	material resources.
1691	h. Include project management and the ability of
1692	management to administer a complete the business project.
1693	(5) Enterprise Florida, Inc., shall evaluate proposals for
1694	innovation incentive awards and transmit recommendations for
1695	awards to the office. Enterprise Florida, Inc., shall solicit
1696	comments and recommendations from the Florida Energy and Climate
1697	Commission for alternative and renewable energy project
1698	proposals. Such evaluation and recommendation must include, but
1699	need not be limited to:
1700	(a) A description of the project, its required facilities,
1701	and the associated product, service, or research and development
1702	associated with the project.
1703	(b) The percentage of match provided for the project.
1704	(c) The number of full-time equivalent jobs that will be
1705	created by the project, the total estimated average annual wages
1706	of such jobs, and the types of business activities and jobs
1707	likely to be stimulated by the project.
1708	(d) The cumulative investment to be dedicated to the
1709	project within 5 years and the total investment expected in the
1710	project if more than 5 years.
1711	(e) The projected economic and fiscal impacts on the local
1712	and state economies relative to investment.
1713	(f) A statement of any special impacts the project is
1714	expected to stimulate in a particular business sector in the
1715	state or regional economy or in the state's universities and
1716	community colleges.
1717	(g) A statement of any anticipated or proposed
1718	relationships with state universities.
1719	(h) A statement of the role the incentive is expected to
1720	play in the decision of the applicant to locate or expand in
1721	this state.
1722	(i) A recommendation and explanation of the amount of the
1723	award needed to cause the applicant to expand or locate in this
1724	state.
1725	(j) A discussion of the efforts and commitments made by
1726	the local community in which the project is to be located to
1727	induce the applicant's location or expansion, taking into
1728	consideration local resources and abilities.
1729	(k) A recommendation for specific performance criteria the
1730	applicant would be expected to achieve in order to receive
1731	payments from the fund and penalties or sanctions for failure to
1732	meet or maintain performance conditions.
1733	(l) For a research and development facility project:
1734	1. A description of the extent to which the project has
1735	the potential to serve as catalyst for an emerging or evolving
1736	cluster.
1737	2. A description of the extent to which the project has or
1738	could have a long-term collaborative research and development
1739	relationship with one or more universities or community colleges
1740	in this state.
1741	3. A description of the existing or projected impact of
1742	the project on established clusters or targeted industry
1743	sectors.
1744	4. A description of the project's contribution to the
1745	diversity and resiliency of the innovation economy of this
1746	state.
1747	5. A description of the project's impact on special needs
1748	communities, including, but not limited to, rural areas,
1749	distressed urban areas, and enterprise zones.
1750	(6) In consultation with Enterprise Florida, Inc., the
1751	office may negotiate the proposed amount of an award for any
1752	applicant meeting the requirements of this section. In
1753	negotiating such award, the office shall consider the amount of
1754	the incentive needed to cause the applicant to locate or expand
1755	in this state in conjunction with other relevant applicant
1756	impact and cost information and analysis as described in this
1757	section. Particular emphasis shall be given to the potential for
1758	the project to stimulate additional private investment and high-
1759	quality employment opportunities in the area.
1760	(7) Upon receipt of the evaluation and recommendation from
1761	Enterprise Florida, Inc., and from the Florida Energy and
1762	Climate Commission for alternative and renewable energy project
1763	proposals, the director shall recommend to the Governor the
1764	approval or disapproval of an award. In recommending approval of
1765	an award, the director shall include proposed performance
1766	conditions that the applicant must meet in order to obtain
1767	incentive funds and any other conditions that must be met before
1768	the receipt of any incentive funds. The Governor shall consult
1769	with the President of the Senate and the Speaker of the House of
1770	Representatives before giving approval for an award. Upon
1771	approval of an award the Executive Office of the Governor shall
1772	release the funds pursuant to the legislative consultation and
1773	review requirements set forth in s. 216.177.
1774	(8) Upon approval by the Governor and release of the funds
1775	as set forth in subsection (7), the director shall issue a
1776	letter certifying the applicant as qualified for an award. The
1777	office and the applicant shall enter into an agreement that sets
1778	forth the conditions for payment of incentives. The agreement
1779	must include the total amount of funds awarded; the performance
1780	conditions that must be met to obtain the award or portions of
1781	the award, including, but not limited to, net new employment in
1782	the state, average wage, and total cumulative investment;
1783	demonstration of a baseline of current service and a measure of
1784	enhanced capability; the methodology for validating performance;
1785	the schedule of payments; and sanctions for failure to meet
1786	performance conditions, including any clawback provisions.
1787	(9) Enterprise Florida, Inc., shall assist the office in
1788	validating the performance of an innovation business or research
1789	and development facility that has received an award. At the
1790	conclusion of the innovation incentive award agreement, or its
1791	earlier termination, Enterprise Florida, Inc., shall, within 90
1792	days, report the results of the innovation incentive award to
1793	the Governor, the President of the Senate, and the Speaker of
1794	the House of Representatives.
1795	(10) Enterprise Florida, Inc., shall develop business
1796	ethics standards based on appropriate best industry practices
1797	which shall be applicable to all award recipients. The standards
1798	shall address ethical duties of business enterprises, fiduciary
1799	responsibilities of management, and compliance with the laws of
1800	this state. Enterprise Florida, Inc., may collaborate with the
1801	State University System in reviewing and evaluating appropriate
1802	business ethics standards. Such standards shall be provided to
1803	the Governor, the President of the Senate, and the Speaker of
1804	the House of Representatives by December 31, 2006. An award
1805	agreement entered into on or after December 31, 2006, shall
1806	require a recipient to comply with the business ethics standards
1807	developed pursuant to this section.
1808	Section 28. Section 316.0741, Florida Statutes, is amended
1809	to read:
1810	316.0741 High-occupancy-vehicle ~~High occupancy vehicle~~
1811	lanes.--
1812	(1) As used in this section, the term:
1813	(a) "High-occupancy-vehicle ~~"High occupancy vehicle~~ lane"
1814	or "HOV lane" means a lane of a public roadway designated for
1815	use by vehicles in which there is more than one occupant unless
1816	otherwise authorized by federal law.
1817	(b) "Hybrid vehicle" means a motor vehicle that:
1818	1. Draws propulsion energy from an onboard source of
1819	stored energy comprised of both an internal combustion or heat
1820	engine using combustible fuel and a rechargeable energy-storage
1821	system; and
1822	2. In the case of a passenger automobile or light truck,
1823	has received a certificate of conformity under the Clean Air
1824	Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1825	equivalent qualifying California standards for a low-emission
1826	vehicle.
1827	(2) The number of persons who ~~that~~ must be in a vehicle to
1828	qualify for legal use of the HOV lane and the hours during which
1829	the lane will serve as an HOV lane, if it is not designated as
1830	such on a full-time basis, must also be indicated on a traffic
1831	control device.
1832	(3) Except as provided in subsection (4), a vehicle may
1833	not be driven in an HOV lane if the vehicle is occupied by fewer
1834	than the number of occupants indicated by a traffic control
1835	device. A driver who violates this section shall be cited for a
1836	moving violation, punishable as provided in chapter 318.
1837	(4)(a) Notwithstanding any other provision of this
1838	section, an inherently low-emission vehicle (ILEV) that is
1839	certified and labeled in accordance with federal regulations may
1840	be driven in an HOV lane at any time, regardless of its
1841	occupancy. In addition, upon the state's receipt of written
1842	notice from the proper federal regulatory agency authorizing
1843	such use, a vehicle defined as a hybrid vehicle under this
1844	section may be driven in an HOV lane at any time, regardless of
1845	its occupancy.
1846	(b) All eligible hybrid and other low-emission and energy-
1847	efficient vehicles driven in an HOV lane must comply with the
1848	minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1849	(c) Upon its effective date, the eligibility of hybrid and
1850	other low-emission and energy-efficient vehicles for operation
1851	in an HOV lane regardless of occupancy shall be determined in
1852	accordance with the applicable final rule issued by the United
1853	States Environmental Protection Agency pursuant to 23 U.S.C. s.
1854	166(e).
1855	(5) The department shall issue a decal and registration
1856	certificate, to be renewed annually, reflecting the HOV lane
1857	designation on ~~such~~ vehicles meeting the criteria in subsection
1858	(4) authorizing driving in an HOV lane at any time ~~such use~~. The
1859	department may charge a fee for a decal, not to exceed the costs
1860	of designing, producing, and distributing each decal, or $5,
1861	whichever is less. The proceeds from sale of the decals shall be
1862	deposited in the Highway Safety Operating Trust Fund. The
1863	department may, for reasons of operation and management of HOV
1864	facilities, limit or discontinue issuance of decals for the use
1865	of HOV facilities by hybrid and low-emission and energy-
1866	efficient vehicles regardless of occupancy if it has been
1867	determined by the Department of Transportation that the
1868	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1869	(6) Vehicles having decals by virtue of compliance with
1870	the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1871	and that are registered for use in high-occupancy-vehicle toll
1872	lanes or express lanes in accordance with Department of
1873	Transportation rule shall be allowed to use any HOV lane
1874	redesignated as a high-occupancy-vehicle toll lane without
1875	requiring payment of the toll.
1876	~~(5) As used in this section, the term "hybrid vehicle"~~
1877	~~means a motor vehicle:~~
1878	~~(a) That draws propulsion energy from onboard sources of~~
1879	~~stored energy which are both:~~
1880	~~1. An internal combustion or heat engine using combustible~~
1881	~~fuel; and~~
1882	~~2. A rechargeable energy storage system; and~~
1883	~~(b) That, in the case of a passenger automobile or light~~
1884	~~truck:~~
1885	~~1. Has received a certificate of conformity under the~~
1886	~~Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and~~
1887	~~2. Meets or exceeds the equivalent qualifying California~~
1888	~~standards for a low-emission vehicle.~~
1889	(7)~~(6)~~ The department may adopt rules ~~necessary~~ to
1890	administer this section.
1891	Section 29. Subsection (1) of section 337.401, Florida
1892	Statutes, is amended to read:
1893	337.401 Use of right-of-way for utilities subject to
1894	regulation; permit; fees.--
1895	(1) The department and local governmental entities,
1896	referred to in ss. 337.401-337.404 as the "authority," that have
1897	jurisdiction and control of public roads or publicly owned rail
1898	corridors are authorized to prescribe and enforce reasonable
1899	rules or regulations with reference to the placing and
1900	maintaining along, across, or on any road or publicly owned rail
1901	corridors under their respective jurisdictions any electric
1902	transmission, telephone, telegraph, or other communications
1903	services lines; pole lines; poles; railways; ditches; sewers;
1904	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1905	pumps; or other structures ~~hereinafter~~ referred to in this
1906	section as the "utility." For aerial and underground electric
1907	utility transmission lines designed to operate at 69 or more
1908	kilovolts that are needed to accommodate the additional
1909	electrical transfer capacity on the transmission grid resulting
1910	from new base-load generating facilities, where there is no
1911	other practicable alternative available for placement of the
1912	electric utility transmission lines on the department's rights-
1913	of-way, the department's rules shall provide for placement of
1914	and access to such transmission lines adjacent to and within the
1915	right-of-way of any department-controlled public roads,
1916	including longitudinally within limited access facilities to the
1917	greatest extent allowed by federal law, if compliance with the
1918	standards established by such rules is achieved. Such rules may
1919	include, but need not be limited to, that the use of the right-
1920	of-way is reasonable based upon a consideration of economic and
1921	environmental factors, including, without limitation, other
1922	practicable alternative alignments, utility corridors and
1923	easements, impacts on adjacent property owners, and minimum
1924	clear zones and other safety standards, and further provide that
1925	placement of the electric utility transmission lines within the
1926	department's right-of-way does not interfere with operational
1927	requirements of the transportation facility or planned or
1928	potential future expansion of such transportation facility. If
1929	the department approves longitudinal placement of electric
1930	utility transmission lines in limited access facilities,
1931	compensation for the use of the right-of-way is required. Such
1932	consideration or compensation paid by the electric utility in
1933	connection with the department's issuance of a permit does not
1934	create any property right in the department's property
1935	regardless of the amount of consideration paid or the
1936	improvements constructed on the property by the utility. Upon
1937	notice by the department that the property is needed for
1938	expansion or improvement of the transportation facility, the
1939	electric utility transmission line will relocate from the
1940	facility at the electric utility's sole expense. The electric
1941	utility shall pay to the department reasonable damages resulting
1942	from the utility's failure or refusal to timely relocate its
1943	transmission lines. The rules to be adopted by the department
1944	may also address the compensation methodology and relocation. As
1945	used in this subsection, the term "base-load generating
1946	facilities" means electric power plants that are certified under
1947	part II of chapter 403. The department may enter into a permit-
1948	delegation agreement with a governmental entity if issuance of a
1949	permit is based on requirements that the department finds will
1950	ensure the safety and integrity of facilities of the Department
1951	of Transportation; however, the permit-delegation agreement does
1952	not apply to facilities of electric utilities as defined in s.
1953	366.02(2).
1954	Section 30. Subsections (1) and (7) of section 339.175,
1955	Florida Statutes, are amended to read:
1956	339.175 Metropolitan planning organization.--
1957	(1) PURPOSE.--It is the intent of the Legislature to
1958	encourage and promote the safe and efficient management,
1959	operation, and development of surface transportation systems
1960	that will serve the mobility needs of people and freight and
1961	foster economic growth and development within and through
1962	urbanized areas of this state while minimizing transportation-
1963	related fuel consumption, ~~and~~ air pollution, and greenhouse gas
1964	emissions through metropolitan transportation planning processes
1965	identified in this section. To accomplish these objectives,
1966	metropolitan planning organizations, referred to in this section
1967	as M.P.O.'s, shall develop, in cooperation with the state and
1968	public transit operators, transportation plans and programs for
1969	metropolitan areas. The plans and programs for each metropolitan
1970	area must provide for the development and integrated management
1971	and operation of transportation systems and facilities,
1972	including pedestrian walkways and bicycle transportation
1973	facilities that will function as an intermodal transportation
1974	system for the metropolitan area, based upon the prevailing
1975	principles provided in s. 334.046(1). The process for developing
1976	such plans and programs shall provide for consideration of all
1977	modes of transportation and shall be continuing, cooperative,
1978	and comprehensive, to the degree appropriate, based on the
1979	complexity of the transportation problems to be addressed. To
1980	ensure that the process is integrated with the statewide
1981	planning process, M.P.O.'s shall develop plans and programs that
1982	identify transportation facilities that should function as an
1983	integrated metropolitan transportation system, giving emphasis
1984	to facilities that serve important national, state, and regional
1985	transportation functions. For the purposes of this section,
1986	those facilities include the facilities on the Strategic
1987	Intermodal System designated under s. 339.63 and facilities for
1988	which projects have been identified pursuant to s. 339.2819(4).
1989	(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1990	develop a long-range transportation plan that addresses at least
1991	a 20-year planning horizon. The plan must include both long-
1992	range and short-range strategies and must comply with all other
1993	state and federal requirements. The prevailing principles to be
1994	considered in the long-range transportation plan are: preserving
1995	the existing transportation infrastructure; enhancing Florida's
1996	economic competitiveness; and improving travel choices to ensure
1997	mobility. The long-range transportation plan must be consistent,
1998	to the maximum extent feasible, with future land use elements
1999	and the goals, objectives, and policies of the approved local
2000	government comprehensive plans of the units of local government
2001	located within the jurisdiction of the M.P.O. Each M.P.O. is
2002	encouraged to consider strategies that integrate transportation
2003	and land use planning to provide for sustainable development and
2004	reduce greenhouse gas emissions. The approved long-range
2005	transportation plan must be considered by local governments in
2006	the development of the transportation elements in local
2007	government comprehensive plans and any amendments thereto. The
2008	long-range transportation plan must, at a minimum:
2009	(a) Identify transportation facilities, including, but not
2010	limited to, major roadways, airports, seaports, spaceports,
2011	commuter rail systems, transit systems, and intermodal or
2012	multimodal terminals that will function as an integrated
2013	metropolitan transportation system. The long-range
2014	transportation plan must give emphasis to those transportation
2015	facilities that serve national, statewide, or regional
2016	functions, and must consider the goals and objectives identified
2017	in the Florida Transportation Plan as provided in s. 339.155. If
2018	a project is located within the boundaries of more than one
2019	M.P.O., the M.P.O.'s must coordinate plans regarding the project
2020	in the long-range transportation plan.
2021	(b) Include a financial plan that demonstrates how the
2022	plan can be implemented, indicating resources from public and
2023	private sources which are reasonably expected to be available to
2024	carry out the plan, and recommends any additional financing
2025	strategies for needed projects and programs. The financial plan
2026	may include, for illustrative purposes, additional projects that
2027	would be included in the adopted long-range transportation plan
2028	if reasonable additional resources beyond those identified in
2029	the financial plan were available. For the purpose of developing
2030	the long-range transportation plan, the M.P.O. and the
2031	department shall cooperatively develop estimates of funds that
2032	will be available to support the plan implementation. Innovative
2033	financing techniques may be used to fund needed projects and
2034	programs. Such techniques may include the assessment of tolls,
2035	the use of value capture financing, or the use of value pricing.
2036	(c) Assess capital investment and other measures necessary
2037	to:
2038	1. Ensure the preservation of the existing metropolitan
2039	transportation system including requirements for the operation,
2040	resurfacing, restoration, and rehabilitation of major roadways
2041	and requirements for the operation, maintenance, modernization,
2042	and rehabilitation of public transportation facilities; and
2043	2. Make the most efficient use of existing transportation
2044	facilities to relieve vehicular congestion and maximize the
2045	mobility of people and goods.
2046	(d) Indicate, as appropriate, proposed transportation
2047	enhancement activities, including, but not limited to,
2048	pedestrian and bicycle facilities, scenic easements,
2049	landscaping, historic preservation, mitigation of water
2050	pollution due to highway runoff, and control of outdoor
2051	advertising.
2052	(e) In addition to the requirements of paragraphs (a)-(d),
2053	in metropolitan areas that are classified as nonattainment areas
2054	for ozone or carbon monoxide, the M.P.O. must coordinate the
2055	development of the long-range transportation plan with the State
2056	Implementation Plan developed pursuant to the requirements of
2057	the federal Clean Air Act.
2058
2059	In the development of its long-range transportation plan, each
2060	M.P.O. must provide the public, affected public agencies,
2061	representatives of transportation agency employees, freight
2062	shippers, providers of freight transportation services, private
2063	providers of transportation, representatives of users of public
2064	transit, and other interested parties with a reasonable
2065	opportunity to comment on the long-range transportation plan.
2066	The long-range transportation plan must be approved by the
2067	M.P.O.
2068	Section 31. Subsections (2), (3), and (4) of section
2069	350.01, Florida Statutes, are amended to read:
2070	350.01 Florida Public Service Commission; terms of
2071	commissioners; vacancies; election and duties of chair; quorum;
2072	proceedings.--
2073	(2)(a) Each commissioner serving on July 1, 1978, shall be
2074	permitted to remain in office until the completion of his or her
2075	current term. Upon the expiration of the term, a successor shall
2076	be appointed in the manner prescribed by s. 350.031~~(5), (6), and~~
2077	~~(7)~~ for a 4-year term, except that the terms of the initial
2078	members appointed under this act shall be as follows:
2079	1. The vacancy created by the present term ending in
2080	January, 1981, shall be filled by appointment for a 4-year term
2081	and for 4-year terms thereafter; and
2082	2. The vacancies created by the two present terms ending
2083	in January, 1979, shall be filled by appointment for a 3-year
2084	term and for 4-year terms thereafter.
2085	(b) Two additional commissioners shall be appointed in the
2086	manner prescribed by s. 350.031~~(5), (6), and (7)~~ for 4-year
2087	terms beginning the first Tuesday after the first Monday in
2088	January, 1979, and successors shall be appointed for 4-year
2089	terms thereafter with each term beginning on January 2 of the
2090	year the term commences and ending 4 years later on January 1.
2091	(c) Vacancies on the commission shall be filled for the
2092	unexpired portion of the term in the same manner as original
2093	appointments to the commission.
2094	(3) Any person serving on the commission who seeks to be
2095	appointed or reappointed shall file with the nominating council
2096	no later than June 1 prior to the year in which his or her term
2097	expires ~~at least 210 days before the expiration of his or her~~
2098	~~term~~ a statement that he or she desires to serve an additional
2099	term.
2100	(4) One member of the commission shall be elected by
2101	majority vote to serve as chair for a term of 2 years, beginning
2102	on January 2 of the first year of the term ~~with the first~~
2103	~~Tuesday after the first Monday in January 1979~~. A member may not
2104	serve two consecutive terms as chair.
2105	Section 32. Section 350.012, Florida Statutes, is amended
2106	to read:
2107	350.012 Committee on Public Counsel ~~Service Commission~~
2108	Oversight; creation; membership; powers and duties.--
2109	(1) There is created a standing joint committee of the
2110	Legislature, designated the Committee on Public Counsel ~~Service~~
2111	~~Commission~~ Oversight, and composed of 12 members appointed as
2112	follows: six members of the Senate appointed by the President of
2113	the Senate, two of whom must be members of the minority party;
2114	and six members of the House of Representatives appointed by the
2115	Speaker of the House of Representatives, two of whom must be
2116	members of the minority party. The terms of members shall be for
2117	2 years and shall run from the organization of one Legislature
2118	to the organization of the next Legislature. The President shall
2119	appoint the chair of the committee in even-numbered years and
2120	the vice chair in odd-numbered years, and the Speaker of the
2121	House of Representatives shall appoint the chair of the
2122	committee in odd-numbered years and the vice chair in even-
2123	numbered years, from among the committee membership. Vacancies
2124	shall be filled in the same manner as the original appointment.
2125	Members shall serve without additional compensation, but shall
2126	be reimbursed for expenses.
2127	(2) The committee shall:
2128	~~(a) Recommend to the Governor nominees to fill a vacancy~~
2129	~~on the Public Service Commission, as provided by general law;~~
2130	~~and~~
2131	~~(b)~~ appoint a Public Counsel as provided by general law.
2132	(3) The committee is authorized to file a complaint with
2133	the Commission on Ethics alleging a violation of this chapter by
2134	a commissioner, former commissioner, former commission employee,
2135	or member of the Public Service Commission Nominating Council.
2136	(4) The committee will not have a permanent staff, but the
2137	President of the Senate and the Speaker of the House of
2138	Representatives shall select staff members from among existing
2139	legislative staff, when and as needed.
2140	Section 33. Section 350.03, Florida Statutes, is amended
2141	to read:
2142	350.03 Power of Governor to remove and to fill
2143	vacancies.-- The Governor shall have the same power to remove,
2144	suspend, or appoint to fill vacancies in the office of
2145	commissioners as in other offices, as set forth in s. 7, Art. IV
2146	of the State Constitution.
2147	Section 34. Subsections (1), (5), (6), (7), and (8) of
2148	section 350.031, Florida Statutes, are amended, and subsection
2149	(9) is added to that section, to read:
2150	350.031 Florida Public Service Commission Nominating
2151	Council.--
2152	(1)(a) There is created a Florida Public Service
2153	Commission Nominating Council consisting of 12 ~~nine~~ members. At
2154	least one member of the council must be 60 years of age or
2155	older. Six ~~Three~~ members, including three members ~~one member~~ of
2156	the House of Representatives, one of whom shall be a member of
2157	the minority party, shall be appointed by and serve at the
2158	pleasure of the Speaker of the House of Representatives. Six;
2159	~~three~~ members, including three members ~~one member~~ of the Senate,
2160	one of whom shall be a member of the minority party, shall be
2161	appointed by and serve at the pleasure of the President of the
2162	Senate~~; and three members shall be selected and appointed by a~~
2163	~~majority vote of the other six members of the council~~.
2164	(b) All terms shall be for 4 years except those members of
2165	the House and Senate, who shall serve 2-year terms concurrent
2166	with the 2-year elected terms of House members. All terms of the
2167	members of the Public Service Commission Nominating Council
2168	existing on June 30, 2008, shall terminate upon the effective
2169	date of this act; however, such members may serve an additional
2170	term if reappointed by the Speaker of the House of
2171	Representatives or the President of the Senate. To establish
2172	staggered terms, appointments of members shall be made for
2173	initial terms to begin on July 1, 2008, with each appointing
2174	officer to appoint three legislator members, one of whom shall
2175	be a member of the minority party, to terms through the
2176	remainder of the 2-year elected terms of House members; one
2177	nonlegislator member to a 6-month term; one nonlegislator member
2178	to an 18-month term; and one nonlegislator member to a 42-month
2179	term. Thereafter, the terms of the nonlegislator members of the
2180	Public Service Commission Nominating Council shall begin on
2181	January 2 of the year the term commences and end 4 years later
2182	on January 1.
2183	(c) The President of the Senate shall appoint the chair of
2184	the council in even-numbered years and the vice chair in odd-
2185	numbered years, and the Speaker of the House of Representatives
2186	shall appoint the chair of the council in odd-numbered years and
2187	the vice chair in even-numbered years, from among the council
2188	membership.
2189	(d) Vacancies on the council shall be filled for the
2190	unexpired portion of the term in the same manner as original
2191	appointments to the council. A member may not be reappointed to
2192	the council, except for a member of the House of Representatives
2193	or the Senate who may be appointed to two 2-year terms, members
2194	who are reappointed pursuant to paragraph (b), or a person who
2195	is appointed to fill the remaining portion of an unexpired term.
2196	(5) A person may not be nominated to the Governor for
2197	appointment to the ~~Committee on~~ Public Service Commission
2198	~~Oversight~~ until the council has determined that the person is
2199	competent and knowledgeable in one or more fields, which shall
2200	include, but not be limited to: public affairs, law, economics,
2201	accounting, engineering, finance, natural resource conservation,
2202	energy, or another field substantially related to the duties and
2203	functions of the commission. The commission shall fairly
2204	represent the above-stated fields. Recommendations of the
2205	council shall be nonpartisan.
2206	(6) It is the responsibility of the council to nominate to
2207	the Governor no fewer than three ~~Committee on Public Service~~
2208	~~Commission Oversight six~~ persons for each vacancy occurring on
2209	the Public Service Commission. The council shall submit the
2210	recommendations to the Governor by September 15 ~~committee by~~
2211	~~August 1~~ of those years in which the terms are to begin the
2212	following January, or within 60 days after a vacancy occurs for
2213	any reason other than the expiration of the term.
2214	(7) ~~The Committee on Public Service Commission Oversight~~
2215	~~shall select from the list of nominees provided by the~~
2216	~~nominating council three nominees for recommendation to the~~
2217	~~Governor for appointment to the commission. The recommendations~~
2218	~~must be provided to the Governor within 45 days after receipt of~~
2219	~~the list of nominees.~~ The Governor shall fill a vacancy
2220	occurring on the Public Service Commission by appointment of one
2221	of the applicants nominated by the council ~~committee~~ only after
2222	a background investigation of such applicant has been conducted
2223	by the Florida Department of Law Enforcement. If the Governor
2224	has not made an appointment within 30 consecutive calendar days
2225	after the receipt of the recommendation, the council ~~committee~~,
2226	by majority vote, shall appoint, within 30 days after the
2227	expiration of the Governor's time to make an appointment, one
2228	person from the applicants previously nominated to the Governor
2229	to fill the vacancy.
2230	(8) Each appointment to the Public Service Commission
2231	shall be subject to confirmation by the Senate during the next
2232	regular session after the vacancy occurs. If the Senate refuses
2233	to confirm or fails to consider ~~rejects~~ the Governor's
2234	appointment, the council shall initiate, in accordance with this
2235	section, the nominating process within 30 days.
2236	(9) When the Governor makes an appointment, to fill a
2237	vacancy occurring due to expiration of the term, and that
2238	appointment has not been confirmed by the Senate before the
2239	appointing Governor's term ends, a successor Governor may,
2240	within 30 days after taking office, recall the appointment and,
2241	prior to the first day of the next regular session, make a
2242	replacement appointment from the list provided to the previous
2243	Governor by the council. Such an appointment is subject to
2244	confirmation by the Senate at the next regular session following
2245	the creation of the vacancy to which the appointments are being
2246	made. If the replacement appointment is not timely made, or if
2247	the appointment is not confirmed by the Senate for any reason,
2248	the council, by majority vote, shall appoint, within 30 days
2249	after the Legislature adjourns sine die, one person from the
2250	applicants previously nominated to the Governor to fill the
2251	vacancy, and this appointee is subject to confirmation by the
2252	Senate during the next regular session following the
2253	appointment.
2254	Section 35. Subsection (1) of section 350.061, Florida
2255	Statutes, is amended to read:
2256	350.061 Public Counsel; appointment; oath; restrictions on
2257	Public Counsel and his or her employees.--
2258	(1) The Committee on Public Counsel ~~Service Commission~~
2259	Oversight shall appoint a Public Counsel by majority vote of the
2260	members of the committee to represent the general public of
2261	Florida before the Florida Public Service Commission. The Public
2262	Counsel shall be an attorney admitted to practice before the
2263	Florida Supreme Court and shall serve at the pleasure of the
2264	Committee on Public Counsel ~~Service Commission~~ Oversight,
2265	subject to biennial reconfirmation by the committee. The Public
2266	Counsel shall perform his or her duties independently. Vacancies
2267	in the office shall be filled in the same manner as the original
2268	appointment.
2269	Section 36. Subsection (2) of section 350.0614, Florida
2270	Statutes, is amended to read:
2271	350.0614 Public Counsel; compensation and expenses.--
2272	(2) The Legislature declares and determines that the
2273	Public Counsel is under the legislative branch of government
2274	within the intention of the legislation as expressed in chapter
2275	216, and no power shall be in the Executive Office of the
2276	Governor or its successor to release or withhold funds
2277	appropriated to it, but the same shall be available for
2278	expenditure as provided by law and the rules or decisions of the
2279	Committee on Public Counsel ~~Service Commission~~ Oversight.
2280	Section 37. Subsection (7) is added to section 366.04,
2281	Florida Statutes, to read:
2282	366.04 Jurisdiction of commission.--
2283	(7)(a) As used in this subsection, the term "affected
2284	municipal electric utility" means a municipality that operates
2285	an electric utility that:
2286	1. Serves two cities in the same county;
2287	2. Is located in a noncharter county;
2288	3. Has between 30,000 and 35,000 retail electric customers
2289	as of September 30, 2007; and
2290	4. Does not have a service territory that extends beyond
2291	its home county as of September 30, 2007.
2292	(b) Each affected municipal electric utility shall conduct
2293	a referendum election of all of its retail electric customers,
2294	with each named retail electric customer having one vote,
2295	concurrent with the next regularly scheduled general election
2296	following the effective date of this act.
2297	(c) The ballot for the referendum election required under
2298	paragraph (b) shall contain the following question: "Should a
2299	separate electric utility authority be created to operate the
2300	business of the electric utility in the affected municipal
2301	electric utility?" The statement shall be followed by the word
2302	"yes" and the word "no."
2303	(d) The provisions of the Election Code relating to notice
2304	and conduct of the election shall be followed to the extent
2305	practicable. Costs of the referendum election shall be borne by
2306	the affected municipal electric utility.
2307	(e) If a majority of the affected municipal electric
2308	utility's retail electric customers vote in favor of creating a
2309	separate electric utility authority, the affected municipal
2310	electric utility shall, no later than January 15, 2009, provide
2311	to each member of the Legislature whose district includes any
2312	portion of the electric service territory of the affected
2313	municipal electric utility a proposed charter that transfers
2314	operations of its electric, water, and sewer utility businesses
2315	to a duly-created authority, the governing board of which shall
2316	proportionally represent the number of county and city
2317	ratepayers of the electric utility.
2318	Section 38. Section 366.81, Florida Statutes, is amended
2319	to read:
2320	366.81 Legislative findings and intent.--The Legislature
2321	finds and declares that it is critical to utilize the most
2322	efficient and cost-effective demand-side renewable energy
2323	systems and conservation systems in order to protect the health,
2324	prosperity, and general welfare of the state and its citizens.
2325	Reduction in, and control of, the growth rates of electric
2326	consumption and of weather-sensitive peak demand are of
2327	particular importance. The Legislature further finds that the
2328	Florida Public Service Commission is the appropriate agency to
2329	adopt goals and approve plans related to the promotion of
2330	demand-side renewable energy systems and the conservation of
2331	electric energy and natural gas usage. The Legislature directs
2332	the commission to develop and adopt overall goals and authorizes
2333	the commission to require each utility to develop plans and
2334	implement programs for increasing energy efficiency and
2335	conservation and demand-side renewable energy systems within its
2336	service area, subject to the approval of the commission. Since
2337	solutions to our energy problems are complex, the Legislature
2338	intends that the use of solar energy, renewable energy sources,
2339	highly efficient systems, cogeneration, and load-control systems
2340	be encouraged. Accordingly, in exercising its jurisdiction, the
2341	commission shall not approve any rate or rate structure which
2342	discriminates against any class of customers on account of the
2343	use of such facilities, systems, or devices. This expression of
2344	legislative intent shall not be construed to preclude
2345	experimental rates, rate structures, or programs. The
2346	Legislature further finds and declares that ss. 366.80-366.85
2347	and 403.519 are to be liberally construed in order to meet the
2348	complex problems of reducing and controlling the growth rates of
2349	electric consumption and reducing the growth rates of weather-
2350	sensitive peak demand; increasing the overall efficiency and
2351	cost-effectiveness of electricity and natural gas production and
2352	use; encouraging further development of demand-side renewable
2353	energy systems ~~cogeneration facilities~~; and conserving expensive
2354	resources, particularly petroleum fuels.
2355	Section 39. Section 366.82, Florida Statutes, is amended
2356	to read:
2357	366.82 Definition; goals; plans; programs; annual reports;
2358	energy audits.--
2359	(1) For the purposes of ss. 366.80-366.85 and 403.519:,
2360	(a) "Utility" means any person or entity of whatever form
2361	which provides electricity or natural gas at retail to the
2362	public, specifically including municipalities or
2363	instrumentalities thereof and cooperatives organized under the
2364	Rural Electric Cooperative Law and specifically excluding any
2365	municipality or instrumentality thereof, any cooperative
2366	organized under the Rural Electric Cooperative Law, or any other
2367	person or entity providing natural gas at retail to the public
2368	whose annual sales volume is less than 100 million therms or any
2369	municipality or instrumentality thereof and any cooperative
2370	organized under the Rural Electric Cooperative Law providing
2371	electricity at retail to the public whose annual sales as of
2372	July 1, 1993, to end-use customers is less than 2,000 gigawatt
2373	hours.
2374	(b) "Demand-side renewable energy" means a system located
2375	on a customer's premises generating thermal or electric energy
2376	using Florida renewable energy resources and primarily intended
2377	to offset all or part of the customer's electricity requirements
2378	provided such system does not exceed 2 megawatts.
2379	(2) The commission shall adopt appropriate goals for
2380	increasing the efficiency of energy consumption and increasing
2381	the development of demand-side renewable energy systems
2382	~~cogeneration~~, specifically including goals designed to increase
2383	the conservation of expensive resources, such as petroleum
2384	fuels, to reduce and control the growth rates of electric
2385	consumption, ~~and~~ to reduce the growth rates of weather-sensitive
2386	peak demand, and to encourage development of demand-side
2387	renewable energy resources. The commission may allow efficiency
2388	investments across generation, transmission, and distribution as
2389	well as efficiencies within the user base. ~~The Executive Office~~
2390	~~of the Governor shall be a party in the proceedings to adopt~~
2391	~~goals. The commission may change the goals for reasonable cause.~~
2392	~~The time period to review the goals, however, shall not exceed 5~~
2393	~~years. After the programs and plans to meet those goals are~~
2394	~~completed, the commission shall determine what further goals,~~
2395	~~programs, or plans are warranted and, if so, shall adopt them.~~
2396	(3) In developing the goals, the commission shall evaluate
2397	the full technical potential of all available demand-side and
2398	supply-side conservation and efficiency measures, including
2399	demand-side renewable energy systems. In establishing the goals,
2400	the commission shall take into consideration:
2401	(a) The costs and benefits to customers participating in
2402	the measure.
2403	(b) The costs and benefits to the general body of
2404	ratepayers as a whole, including utility incentives and
2405	participant contributions.
2406	(c) The need for incentives to promote both customer-owned
2407	and utility-owned energy efficiency and demand-side renewable
2408	energy systems.
2409	(d) The costs imposed by state and federal regulations on
2410	the emission of greenhouse gases.
2411	(4) Subject to specific appropriation, the commission may
2412	expend up to $250,000 from the Florida Public Service Regulatory
2413	Trust Fund to obtain needed technical consulting assistance.
2414	(5) The Florida Energy and Climate Commission shall be a
2415	party in the proceedings to adopt goals and shall file with the
2416	commission comments on the proposed goals, including, but not
2417	limited to:
2418	(a) An evaluation of utility load forecasts, including an
2419	assessment of alternative supply-side and demand-side resource
2420	options.
2421	(b) An analysis of various policy options that can be
2422	implemented to achieve a least-cost strategy, including
2423	nonutility programs targeted at reducing and controlling the per
2424	capita use of electricity in the state.
2425	(c) An analysis of the impact of state and local building
2426	codes and appliance efficiency standards on the need for
2427	utility-sponsored conservation and energy efficiency measures
2428	and programs.
2429	(6) The commission may change the goals for reasonable
2430	cause. The time period to review the goals, however, shall not
2431	exceed 5 years. After the programs and plans to meet those goals
2432	are completed, the commission shall determine what further
2433	goals, programs, or plans are warranted and adopt them.
2434	(7)~~(3)~~ Following adoption of goals pursuant to subsections
2435	~~subsection~~ (2) and (3), the commission shall require each
2436	utility to develop plans and programs to meet the overall goals
2437	within its service area. The commission may require
2438	modifications or additions to a utility's plans and programs at
2439	any time it is in the public interest consistent with this act.
2440	In approving plans and programs for cost recovery, the
2441	commission shall have the flexibility to modify or deny plans or
2442	programs that would have an undue impact on the costs passed on
2443	to customers. If any plan or program includes loans, collection
2444	of loans, or similar banking functions by a utility and the plan
2445	is approved by the commission, the utility shall perform such
2446	functions, notwithstanding any other provision of the law. ~~The~~
2447	~~commission may pledge up to $5 million of the Florida Public~~
2448	~~Service Regulatory Trust Fund to guarantee such loans.~~ However,
2449	no utility shall be required to loan its funds for the purpose
2450	of purchasing or otherwise acquiring conservation measures or
2451	devices, but nothing herein shall prohibit or impair the
2452	administration or implementation of a utility plan as submitted
2453	by a utility and approved by the commission under this
2454	subsection. If the commission disapproves a plan, it shall
2455	specify the reasons for disapproval, and the utility whose plan
2456	is disapproved shall resubmit its modified plan within 30 days.
2457	Prior approval by the commission shall be required to modify or
2458	discontinue a plan, or part thereof, which has been approved. If
2459	any utility has not implemented its programs and is not
2460	substantially in compliance with the provisions of its approved
2461	plan at any time, the commission shall adopt programs required
2462	for that utility to achieve the overall goals. Utility programs
2463	may include variations in rate design, load control,
2464	cogeneration, residential energy conservation subsidy, or any
2465	other measure within the jurisdiction of the commission which
2466	the commission finds likely to be effective; this provision
2467	shall not be construed to preclude these measures in any plan or
2468	program.
2469	(8) The commission may authorize financial rewards for
2470	those utilities over which it has rate-setting authority that
2471	exceed their goals and may authorize financial penalties for
2472	those utilities that fail to meet their goals, including, but
2473	not limited to, the sharing of generation, transmission, and
2474	distribution cost savings associated with conservation, energy
2475	efficiency, and demand-side renewable energy systems additions.
2476	(9) The commission is authorized to allow an investor-
2477	owned electric utility an additional return on equity of up to
2478	50 basis points for exceeding 20 percent of their annual load-
2479	growth through energy efficiency and conservation measures. The
2480	additional return on equity shall be established by the
2481	commission through a limited proceeding.
2482	(10)~~(4)~~ The commission shall require periodic reports from
2483	each utility and shall provide the Legislature and the Governor
2484	with an annual report by March 1 of the goals it has adopted and
2485	its progress toward meeting those goals. The commission shall
2486	also consider the performance of each utility pursuant to ss.
2487	366.80-366.85 and 403.519 when establishing rates for those
2488	utilities over which the commission has ratesetting authority.
2489	(11)~~(5)~~ The commission shall require each utility to
2490	offer, or to contract to offer, energy audits to its residential
2491	customers. This requirement need not be uniform, but may be
2492	based on such factors as level of usage, geographic location, or
2493	any other reasonable criterion, so long as all eligible
2494	customers are notified. The commission may extend this
2495	requirement to some or all commercial customers. The commission
2496	shall set the charge for audits by rule, not to exceed the
2497	actual cost, and may describe by rule the general form and
2498	content of an audit. In the event one utility contracts with
2499	another utility to perform audits for it, the utility for which
2500	the audits are performed shall pay the contracting utility the
2501	reasonable cost of performing the audits. Each utility over
2502	which the commission has ratesetting authority shall estimate
2503	its costs and revenues for audits, conservation programs, and
2504	implementation of its plan for the immediately following 6-month
2505	period. Reasonable and prudent unreimbursed costs projected to
2506	be incurred, or any portion of such costs, may be added to the
2507	rates which would otherwise be charged by a utility upon
2508	approval by the commission, provided that the commission shall
2509	not allow the recovery of the cost of any company image-
2510	enhancing advertising or of any advertising not directly related
2511	to an approved conservation program. Following each 6-month
2512	period, each utility shall report the actual results for that
2513	period to the commission, and the difference, if any, between
2514	actual and projected results shall be taken into account in
2515	succeeding periods. The state plan as submitted for
2516	consideration under the National Energy Conservation Policy Act
2517	shall not be in conflict with any state law or regulation.
2518	(12)~~(6)(a)~~ Notwithstanding the provisions of s. 377.703,
2519	the commission shall be the responsible state agency for
2520	performing, coordinating, implementing, or administering the
2521	functions of the state plan submitted for consideration under
2522	the National Energy Conservation Policy Act and any acts
2523	amendatory thereof or supplemental thereto and for performing,
2524	coordinating, implementing, or administering the functions of
2525	any future federal program delegated to the state which relates
2526	to consumption, utilization, or conservation of electricity or
2527	natural gas; and the commission shall have exclusive
2528	responsibility for preparing all reports, information, analyses,
2529	recommendations, and materials related to consumption,
2530	utilization, or conservation of electrical energy which are
2531	required or authorized by s. 377.703.
2532	~~(b) The Executive Office of the Governor shall be a party~~
2533	~~in the proceedings to adopt goals and shall file with the~~
2534	~~commission comments on the proposed goals including, but not~~
2535	~~limited to:~~
2536	~~1. An evaluation of utility load forecasts, including an~~
2537	~~assessment of alternative supply and demand side resource~~
2538	~~options.~~
2539	~~2. An analysis of various policy options which can be~~
2540	~~implemented to achieve a least-cost strategy.~~
2541	(13)~~(7)~~ The commission shall establish all minimum
2542	requirements for energy auditors used by each utility. The
2543	commission is authorized to contract with any public agency or
2544	other person to provide any training, testing, evaluation, or
2545	other step necessary to fulfill the provisions of this
2546	subsection.
2547	Section 40. Paragraph (d) of subsection (1) of section
2548	366.8255, Florida Statutes, is amended to read:
2549	366.8255 Environmental cost recovery.--
2550	(1) As used in this section, the term:
2551	(d) "Environmental compliance costs" includes all costs or
2552	expenses incurred by an electric utility in complying with
2553	environmental laws or regulations, including, but not limited
2554	to:
2555	1. Inservice capital investments, including the electric
2556	utility's last authorized rate of return on equity thereon.;
2557	2. Operation and maintenance expenses.;
2558	3. Fuel procurement costs.;
2559	4. Purchased power costs.;
2560	5. Emission allowance costs.;
2561	6. Direct taxes on environmental equipment.~~; and~~
2562	7. Costs or expenses prudently incurred by an electric
2563	utility pursuant to an agreement entered into on or after the
2564	effective date of this act and prior to October 1, 2002, between
2565	the electric utility and the Florida Department of Environmental
2566	Protection or the United States Environmental Protection Agency
2567	for the exclusive purpose of ensuring compliance with ozone
2568	ambient air quality standards by an electrical generating
2569	facility owned by the electric utility.
2570	8. Costs or expenses prudently incurred for the
2571	quantification, reporting, and third-party verification as
2572	required for participation in greenhouse gas emission registries
2573	for greenhouse gases as defined in s. 403.44.
2574	9. Costs or expenses prudently incurred for scientific
2575	research and geological assessments of carbon capture and
2576	storage conducted in this state for the purpose of reducing an
2577	electric utility's greenhouse gas emissions when such costs or
2578	expenses are incurred in joint research projects with Florida
2579	state government agencies and Florida state universities.
2580	Section 41. Subsection (2) of section 366.91, Florida
2581	Statutes, is amended, subsection (5) is renumbered as subsection
2582	(8), and new subsections (5), (6), and (7) are added to that
2583	section, to read:
2584	366.91 Renewable energy.--
2585	(2) As used in this section, the term:
2586	(a) "Biomass" means a power source that is comprised of,
2587	but not limited to, combustible residues or gases from forest
2588	products manufacturing, waste, byproducts, or products from
2589	agricultural and orchard crops, waste or co-products ~~products~~
2590	from livestock and poultry operations, waste or byproducts from
2591	~~and~~ food processing, urban wood waste, municipal solid waste,
2592	municipal liquid waste treatment operations, and landfill gas.
2593	(b) "Customer-owned renewable generation" means an
2594	electric generating system located on a customer's premises that
2595	is primarily intended to offset part or all of the customer's
2596	electricity requirements with renewable energy.
2597	(c) "Net metering" means a metering and billing
2598	methodology whereby customer-owned renewable generation is
2599	allowed to offset the customer's electricity consumption on
2600	site.
2601	(d)~~(b)~~ "Renewable energy" means electrical energy produced
2602	from a method that uses one or more of the following fuels or
2603	energy sources: hydrogen produced from sources other than fossil
2604	fuels, biomass, solar energy, geothermal energy, wind energy,
2605	ocean energy, and hydroelectric power. The term includes the
2606	alternative energy resource, waste heat, from sulfuric acid
2607	manufacturing operations.
2608	(5) On or before January 1, 2009, each public utility
2609	shall develop a standardized interconnection agreement and net
2610	metering program for customer-owned renewable generation. The
2611	commission shall establish requirements relating to the
2612	expedited interconnection and net metering of customer-owned
2613	renewable generation by public utilities and may adopt rules to
2614	administer this section.
2615	(6) On or before July 1, 2009, each municipal electric
2616	utility and each rural electric cooperative that sells
2617	electricity at retail shall develop a standardized
2618	interconnection agreement and net metering program for customer-
2619	owned renewable generation. Each governing authority shall
2620	establish requirements relating to the expedited interconnection
2621	and net metering of customer-owned generation. By April 1 of
2622	each year, each municipal electric utility and rural electric
2623	cooperative utility serving retail customers shall file a report
2624	with the commission detailing customer participation in the
2625	interconnection and net metering program, including, but not
2626	limited to, the number and total capacity of interconnected
2627	generating systems and the total energy net metered in the
2628	previous year.
2629	(7) Under the provisions of subsections (5) and (6), when
2630	a utility purchases power generated from biogas produced by the
2631	anaerobic digestion of agricultural waste, including food waste
2632	or other agricultural byproducts, net metering shall be
2633	available at a single metering point or as a part of conjunctive
2634	billing of multiple points for a customer at a single location,
2635	so long as the provision of such service and its associated
2636	charges, terms, and other conditions are not reasonably
2637	projected to result in higher cost electric service to the
2638	utility's general body of ratepayers or adversely affect the
2639	adequacy or reliability of electric service to all customers, as
2640	determined by the commission for public utilities, or as
2641	determined by the governing authority of the municipal electric
2642	utility or rural electric cooperative that serves at retail.
2643	Section 42. Section 366.92, Florida Statutes, is amended
2644	to read:
2645	366.92 Florida renewable energy policy.--
2646	(1) It is the intent of the Legislature to promote the
2647	development of renewable energy; protect the economic viability
2648	of Florida's existing renewable energy facilities; diversify the
2649	types of fuel used to generate electricity in Florida; lessen
2650	Florida's dependence on natural gas and fuel oil for the
2651	production of electricity; minimize the volatility of fuel
2652	costs; encourage investment within the state; improve
2653	environmental conditions; and, at the same time, minimize the
2654	costs of power supply to electric utilities and their customers.
2655	(2) As used in ~~For the purposes of~~ this section, the term:
2656	(a) "Florida renewable energy resources" means ~~shall mean~~
2657	renewable energy, as defined in s. 377.803, that is produced in
2658	Florida.
2659	(b) "Provider" means a "utility" as defined in s.
2660	366.8255(1)(a).
2661	(c) "Renewable energy" means renewable energy as defined
2662	in s. 366.91(2)(d).
2663	(d) "Renewable energy credit" or "REC" means a product
2664	that represents the unbundled, separable, renewable attribute of
2665	renewable energy produced in Florida and is equivalent to 1
2666	megawatt-hour of electricity generated by a source of renewable
2667	energy located in Florida.
2668	(e) "Renewable portfolio standard" or "RPS" means the
2669	minimum percentage of total annual retail electricity sales by a
2670	provider to consumers in Florida that shall be supplied by
2671	renewable energy produced in Florida.
2672	(3) The commission shall adopt rules for a renewable
2673	portfolio standard requiring each provider to supply renewable
2674	energy to its customers directly, by procuring, or through
2675	renewable energy credits. In developing the RPS rule, the
2676	commission shall consult the Department of Environmental
2677	Protection and the Florida Energy and Climate Commission. The
2678	rule shall not be implemented until ratified by the Legislature.
2679	The commission shall present a draft rule for legislative
2680	consideration by February 1, 2009.
2681	(a) In developing the rule, the commission shall evaluate
2682	the current and forecasted levelized cost in cents per kilowatt
2683	hour through 2020 and current and forecasted installed capacity
2684	in kilowatts for each renewable energy generation method through
2685	2020.
2686	(b) The commission's rule:
2687	1. Shall include methods of managing the cost of
2688	compliance with the renewable portfolio standard, whether
2689	through direct supply or procurement of renewable power or
2690	through the purchase of renewable energy credits. The commission
2691	shall have rulemaking authority for providing annual cost
2692	recovery and incentive-based adjustments to authorized rates of
2693	return on common equity to providers to incentivize renewable
2694	energy. Notwithstanding s. 366.91(3) and (4), upon the
2695	ratification of the rules developed pursuant to this subsection,
2696	the commission may approve projects and power sales agreements
2697	with renewable power producers and the sale of renewable energy
2698	credits needed to comply with the renewable portfolio standard.
2699	In the event of any conflict, this subparagraph shall supersede
2700	s. 366.91(3) and (4). However, nothing in this section shall
2701	alter the obligation of each public utility to continuously
2702	offer a purchase contract to producers of renewable energy.
2703	2. Shall provide for appropriate compliance measures and
2704	the conditions under which noncompliance shall be excused due to
2705	a determination by the commission that the supply of renewable
2706	energy or renewable energy credits was not adequate to satisfy
2707	the demand for such energy or that the cost of securing
2708	renewable energy or renewable energy credits was cost
2709	prohibitive.
2710	3. May provide added weight to energy provided by wind and
2711	solar photovoltaic over other forms of renewable energy, whether
2712	directly supplied or procured or indirectly obtained through the
2713	purchase of renewable energy credits.
2714	4. Shall determine an appropriate period of time for which
2715	renewable energy credits may be used for purposes of compliance
2716	with the renewable portfolio standard.
2717	5. Shall provide for monitoring of compliance with and
2718	enforcement of the requirements of this section.
2719	6. Shall ensure that energy credited toward compliance
2720	with the requirements of this section is not credited toward any
2721	other purpose.
2722	7. Shall include procedures to track and account for
2723	renewable energy credits, including ownership of renewable
2724	energy credits that are derived from a customer-owned renewable
2725	energy facility as a result of any action by a customer of an
2726	electric power supplier that is independent of a program
2727	sponsored by the electric power supplier.
2728	8. Shall provide for the conditions and options for the
2729	repeal or alteration of the rule in the event that new
2730	provisions of federal law supplant or conflict with the rule.
2731	(c) Beginning on April 1 of the year following final
2732	adoption of the commission's renewable portfolio standard rule,
2733	each provider shall submit a report to the commission describing
2734	the steps that have been taken in the previous year and the
2735	steps that will be taken in the future to add renewable energy
2736	to the provider's energy supply portfolio. The report shall
2737	state whether the provider was in compliance with the renewable
2738	portfolio standard during the previous year and how it will
2739	comply with the renewable portfolio standard in the upcoming
2740	year.
2741	(4) In order to demonstrate the feasibility and viability
2742	of clean energy systems, the commission shall provide for full
2743	cost recovery under the environmental cost-recovery clause of
2744	all reasonable and prudent costs incurred by a provider for
2745	renewable energy projects that are zero greenhouse gas emitting
2746	at the point of generation, up to a total of 110 megawatts
2747	statewide, and for which the provider has secured necessary
2748	land, zoning permits, and transmission rights within the state.
2749	Such costs shall be deemed reasonable and prudent for purposes
2750	of cost recovery so long as the provider has used reasonable and
2751	customary industry practices in the design, procurement, and
2752	construction of the project in a cost-effective manner
2753	appropriate to the location of the facility. The provider shall
2754	report to the commission as part of the cost-recovery
2755	proceedings the construction costs, in-service costs, operating
2756	and maintenance costs, hourly energy production of the renewable
2757	energy project, and any other information deemed relevant by the
2758	commission. Any provider constructing a clean energy facility
2759	pursuant to this section shall file for cost recovery no later
2760	than July 1, 2009.
2761	(5) Each municipal electric utility and rural electric
2762	cooperative shall develop standards for the promotion,
2763	encouragement, and expansion of the use of renewable energy
2764	resources and energy conservation and efficiency measures. On or
2765	before April 1, 2009, and annually thereafter, each municipal
2766	electric utility and electric cooperative shall submit to the
2767	commission a report that identifies such standards.
2768	(6) Nothing in this section shall be construed to impede
2769	or impair terms and conditions of existing contracts.
2770	~~(3) The commission may adopt appropriate goals for~~
2771	~~increasing the use of existing, expanded, and new Florida~~
2772	~~renewable energy resources. The commission may change the goals.~~
2773	~~The commission may review and reestablish the goals at least~~
2774	~~once every 5 years.~~
2775	(7)~~(4)~~ The commission may adopt rules to administer and
2776	implement the provisions of this section.
2777	Section 43. Subsections (1), (2), and (6) of section
2778	366.93, Florida Statutes, are amended to read:
2779	366.93 Cost recovery for the siting, design, licensing,
2780	and construction of nuclear and integrated gasification combined
2781	cycle power plants.--
2782	(1) As used in this section, the term:
2783	(a) "Cost" includes, but is not limited to, all capital
2784	investments, including rate of return, any applicable taxes, and
2785	all expenses, including operation and maintenance expenses,
2786	related to or resulting from the siting, licensing, design,
2787	construction, or operation of the nuclear power plant, including
2788	new, expanded, or relocated electrical transmission lines or
2789	facilities of any size that are necessary thereto, or of the
2790	integrated gasification combined cycle power plant.
2791	(b) "Electric utility" or "utility" has the same meaning
2792	as that provided in s. 366.8255(1)(a).
2793	(c) "Integrated gasification combined cycle power plant"
2794	or "plant" means is an electrical power plant as defined in s.
2795	403.503(14)~~(13)~~ that uses synthesis gas produced by integrated
2796	gasification technology.
2797	(d) "Nuclear power plant" or "plant" means is an
2798	electrical power plant as defined in s. 403.503(14)~~(13)~~ that
2799	uses nuclear materials for fuel.
2800	(e) "Power plant" or "plant" means a nuclear power plant
2801	or an integrated gasification combined cycle power plant.
2802	(f) "Preconstruction" is that period of time after a site,
2803	including any related electrical transmission lines or
2804	facilities, has been selected through and including the date the
2805	utility completes site clearing work. Preconstruction costs
2806	shall be afforded deferred accounting treatment and shall accrue
2807	a carrying charge equal to the utility's allowance for funds
2808	during construction (AFUDC) rate until recovered in rates.
2809	(2) Within 6 months after the enactment of this act, the
2810	commission shall establish, by rule, alternative cost recovery
2811	mechanisms for the recovery of costs incurred in the siting,
2812	design, licensing, and construction of a nuclear power plant,
2813	including new, expanded, or relocated electrical transmission
2814	lines and facilities that are necessary thereto, or of an
2815	integrated gasification combined cycle power plant. Such
2816	mechanisms shall be designed to promote utility investment in
2817	nuclear or integrated gasification combined cycle power plants
2818	and allow for the recovery in rates of all prudently incurred
2819	costs, and shall include, but ~~are~~ not be limited to:
2820	(a) Recovery through the capacity cost recovery clause of
2821	any preconstruction costs.
2822	(b) Recovery through an incremental increase in the
2823	utility's capacity cost recovery clause rates of the carrying
2824	costs on the utility's projected construction cost balance
2825	associated with the nuclear or integrated gasification combined
2826	cycle power plant. To encourage investment and provide
2827	certainty, for nuclear or integrated gasification combined cycle
2828	power plant need petitions submitted on or before December 31,
2829	2010, associated carrying costs shall be equal to the pretax
2830	AFUDC in effect upon this act becoming law. For nuclear or
2831	integrated gasification combined cycle power plants for which
2832	need petitions are submitted after December 31, 2010, the
2833	utility's existing pretax AFUDC rate is presumed to be
2834	appropriate unless determined otherwise by the commission in the
2835	determination of need for the nuclear or integrated gasification
2836	combined cycle power plant.
2837	(6) If ~~In the event~~ the utility elects not to complete or
2838	is precluded from completing construction of the nuclear power
2839	plant, including new, expanded, or relocated electrical
2840	transmission lines or facilities necessary thereto, or of the
2841	integrated gasification combined cycle power plant, the utility
2842	shall be allowed to recover all prudent preconstruction and
2843	construction costs incurred following the commission's issuance
2844	of a final order granting a determination of need for the
2845	nuclear power plant and electrical transmission lines and
2846	facilities necessary thereto or for the integrated gasification
2847	combined cycle power plant. The utility shall recover such costs
2848	through the capacity cost recovery clause over a period equal to
2849	the period during which the costs were incurred or 5 years,
2850	whichever is greater. The unrecovered balance during the
2851	recovery period will accrue interest at the utility's weighted
2852	average cost of capital as reported in the commission's earnings
2853	surveillance reporting requirement for the prior year.
2854	Section 44. Section 377.601, Florida Statutes, is amended
2855	to read:
2856	377.601 Legislative intent.--
2857	(1) The Legislature finds that the state's energy security
2858	can be increased by lessening dependence on foreign oil; that
2859	the impacts of global climate change can be reduced through the
2860	reduction of greenhouse gas emissions; and that the
2861	implementation of alternative energy technologies can be a
2862	source of new jobs and employment opportunities for many
2863	Floridians. The Legislature further finds that the state is
2864	positioned at the front line against potential impacts of global
2865	climate change. Human and economic costs of those impacts can be
2866	averted by global actions and, where necessary, adapted to by a
2867	concerted effort to make Florida's communities more resilient
2868	and less vulnerable to these impacts. In focusing the
2869	government's policy and efforts to benefit and protect our
2870	state, its citizens, and its resources, the Legislature believes
2871	that a single government entity with a specific focus on energy
2872	and climate change is both desirable and advantageous. Further,
2873	the Legislature finds that energy infrastructure provides the
2874	foundation for secure and reliable access to the energy supplies
2875	and services on which Florida depends. Therefore, there is
2876	significant value to Florida consumers that comes from
2877	investment in Florida's energy infrastructure that increases
2878	system reliability, enhances energy independence and
2879	diversification, stabilizes energy costs, and reduces greenhouse
2880	gas emissions ~~ability to deal effectively with present shortages~~
2881	~~of resources used in the production of energy is aggravated and~~
2882	~~intensified because of inadequate or nonexistent information and~~
2883	~~that intelligent response to these problems and to the~~
2884	~~development of a state energy policy demands accurate and~~
2885	~~relevant information concerning energy supply, distribution, and~~
2886	~~use. The Legislature finds and declares that a procedure for the~~
2887	~~collection and analysis of data on the energy flow in this state~~
2888	~~is essential to the development and maintenance of an energy~~
2889	~~profile defining the characteristics and magnitudes of present~~
2890	~~and future energy demands and availability so that the state may~~
2891	~~rationally deal with present energy problems and anticipate~~
2892	~~future energy problems~~.
2893	~~(2) The Legislature further recognizes that every state~~
2894	~~official dealing with energy problems should have current and~~
2895	~~reliable information on the types and quantity of energy~~
2896	~~resources produced, imported, converted, distributed, exported,~~
2897	~~stored, held in reserve, or consumed within the state.~~
2898	~~(3) It is the intent of the Legislature in the passage of~~
2899	~~this act to provide the necessary mechanisms for the effective~~
2900	~~development of information necessary to rectify the present lack~~
2901	~~of information which is seriously handicapping the state's~~
2902	~~ability to deal effectively with the energy problem. To this~~
2903	~~end, the provisions of ss. 377.601-377.608 should be given the~~
2904	~~broadest possible interpretation consistent with the stated~~
2905	~~legislative desire to procure vital information.~~
2906	(2)~~(4)~~ It is the policy of the State of Florida to:
2907	(a) Develop and promote the effective use of energy in the
2908	state, ~~and~~ discourage all forms of energy waste, and recognize
2909	and address the potential of global climate change wherever
2910	possible.
2911	(b) Play a leading role in developing and instituting
2912	energy management programs aimed at promoting energy
2913	conservation, energy security, and the reduction of greenhouse
2914	gas emissions.
2915	(c) Include energy considerations in all state, regional,
2916	and local planning.
2917	(d) Utilize and manage effectively energy resources used
2918	within state agencies.
2919	(e) Encourage local governments to include energy
2920	considerations in all planning and to support their work in
2921	promoting energy management programs.
2922	(f) Include the full participation of citizens in the
2923	development and implementation of energy programs.
2924	(g) Consider in its decisions the energy needs of each
2925	economic sector, including residential, industrial, commercial,
2926	agricultural, and governmental uses, and reduce those needs
2927	whenever possible.
2928	(h) Promote energy education and the public dissemination
2929	of information on energy and its environmental, economic, and
2930	social impact.
2931	(i) Encourage the research, development, demonstration,
2932	and application of alternative energy resources, particularly
2933	renewable energy resources.
2934	(j) Consider, in its decisionmaking, the social, economic,
2935	and environmental impacts of energy-related activities,
2936	including the whole-life-cycle impacts of any potential energy
2937	use choices, so that detrimental effects of these activities are
2938	understood and minimized.
2939	(k) Develop and maintain energy emergency preparedness
2940	plans to minimize the effects of an energy shortage within
2941	Florida.
2942	Section 45. All of the records, property, unexpended
2943	balances of appropriations, and personnel related to the Florida
2944	Energy Commission for the administration and implementation of
2945	s. 377.901, Florida Statutes, shall be transferred from the
2946	Office of Legislative Services to the Florida Energy and Climate
2947	Commission in the Executive Office of the Governor. The
2948	Executive Office of the Governor is authorized to establish four
2949	full-time equivalent positions to staff the Florida Energy and
2950	Climate Commission.
2951	Section 46. Section 377.6015, Florida Statutes, is created
2952	to read:
2953	377.6015 Florida Energy and Climate Commission.--
2954	(1) The Florida Energy and Climate Commission is created
2955	within the Executive Office of the Governor. The commission
2956	shall be comprised of nine members appointed by the Governor,
2957	the Commissioner of Agriculture, and the Chief Financial
2958	Officer.
2959	(a) The Governor shall appoint one member from three
2960	persons nominated by the Florida Public Service Commission
2961	Nominating Council, created in s. 350.031, to each of seven
2962	seats on the commission. The Commissioner of Agriculture shall
2963	appoint one member from three persons nominated by the council
2964	to one seat on the commission. The Chief Financial Officer shall
2965	appoint one member from three persons nominated by the council
2966	to one seat on the commission.
2967	1. The council shall submit the recommendations to the
2968	Governor, the Commissioner of Agriculture, and the Chief
2969	Financial Officer by September 1 of those years in which the
2970	terms are to begin the following October or within 60 days after
2971	a vacancy occurs for any reason other than the expiration of the
2972	term. The Governor, the Commissioner of Agriculture, and the
2973	Chief Financial Officer may proffer names of persons to be
2974	considered for nomination by the council.
2975	2. The Governor, the Commissioner of Agriculture, and the
2976	Chief Financial Officer shall fill a vacancy occurring on the
2977	commission by appointment of one of the applicants nominated by
2978	the council only after a background investigation of such
2979	applicant has been conducted by the Department of Law
2980	Enforcement.
2981	3. Members shall be appointed to 3-year terms; however, in
2982	order to establish staggered terms, for the initial
2983	appointments, the Governor shall appoint four members to 3-year
2984	terms, two members to 2-year terms, and one member to a 1-year
2985	term, and the Commissioner of Agriculture and the Chief
2986	Financial Officer shall each appoint one member to a 3-year term
2987	and shall appoint a successor when that appointee's term expires
2988	in the same manner as the original appointment.
2989	4. The Governor shall select from the membership of the
2990	commission one person to serve as chair.
2991	5. A vacancy on the commission shall be filled for the
2992	unexpired portion of the term in the same manner as the original
2993	appointment.
2994	6. If the Governor, the Commissioner of Agriculture, or
2995	the Chief Financial Officer has not made an appointment within
2996	30 consecutive calendar days after the receipt of the
2997	recommendations, the council shall initiate, in accordance with
2998	this section, the nominating process within 30 days.
2999	7. Each appointment to the commission shall be subject to
3000	confirmation by the Senate during the next regular session after
3001	the vacancy occurs. If the Senate refuses to confirm or fails to
3002	consider the appointment of the Governor, the Commissioner of
3003	Agriculture, or the Chief Financial Officer, the council shall
3004	initiate, in accordance with this section, the nominating
3005	process within 30 days.
3006	8. The Governor or the Governor's successor may recall an
3007	appointee.
3008	(b) Members must meet the following qualifications and
3009	restrictions:
3010	1. A member must be an expert in one or more of the
3011	following fields: energy, natural resource conservation,
3012	economics, engineering, finance, law, transportation and land
3013	use, consumer protection, state energy policy, or another field
3014	substantially related to the duties and functions of the
3015	commission. The commission shall fairly represent the fields
3016	specified in this subparagraph.
3017	2. Each member shall, at the time of appointment and at
3018	each commission meeting during his or her term of office,
3019	disclose:
3020	a. Whether he or she has any financial interest, other
3021	than ownership of shares in a mutual fund, in any business
3022	entity that, directly or indirectly, owns or controls, or is an
3023	affiliate or subsidiary of, any business entity that may be
3024	affected by the policy recommendations developed by the
3025	commission.
3026	b. Whether he or she is employed by or is engaged in any
3027	business activity with any business entity that, directly or
3028	indirectly, owns or controls, or is an affiliate or subsidiary
3029	of, any business entity that may be affected by the policy
3030	recommendations developed by the commission.
3031	(c) The chair may designate the following ex officio,
3032	nonvoting members to provide information and advice to the
3033	commission at the request of the chair:
3034	1. The chair of the Florida Public Service Commission, or
3035	his or her designee.
3036	2. The Public Counsel, or his or her designee.
3037	3. A representative of the Department of Agriculture and
3038	Consumer Services.
3039	4. A representative of the Department of Financial
3040	Services.
3041	5. A representative of the Department of Environmental
3042	Protection.
3043	6. A representative of the Department of Community
3044	Affairs.
3045	7. A representative of the Board of Governors of the State
3046	University System.
3047	8. A representative of the Department of Transportation.
3048	(2) Members shall serve without compensation but are
3049	entitled to reimbursement for per diem and travel expenses as
3050	provided in s. 112.061.
3051	(3) Meetings of the commission may be held in various
3052	locations around the state and at the call of the chair;
3053	however, the commission must meet at least six times each year.
3054	(4) The commission may:
3055	(a) Employ staff and counsel as needed in the performance
3056	of its duties.
3057	(b) Prosecute and defend legal actions in its own name.
3058	(c) Form advisory groups consisting of members of the
3059	public to provide information on specific issues.
3060	(5) The commission shall:
3061	(a) Administer the Florida Renewable Energy and Energy
3062	Efficient Technologies Grants Program pursuant to s. 377.804 to
3063	assure a robust grant portfolio.
3064	(b) Develop policy for requiring grantees to provide
3065	royalty-sharing or licensing agreements with state government
3066	for commercialized products developed under a state grant.
3067	(c) Administer the Florida Green Government Grants Act
3068	pursuant to s. 377.808 and set annual priorities for grants.
3069	(d) Administer the information gathering and reporting
3070	functions pursuant to ss. 377.601-377.608.
3071	(e) Administer petroleum planning and emergency
3072	contingency planning pursuant to ss. 377.701, 377.703, and
3073	377.704.
3074	(f) Represent Florida in the Southern States Energy
3075	Compact pursuant to ss. 377.71-377.712.
3076	(g) Complete the annual assessment of the efficacy of
3077	Florida's Energy and Climate Change Action Plan, upon completion
3078	by the Governor's Action Team on Energy and Climate Change
3079	pursuant to the Governor's Executive Order 2007-128, and
3080	provide specific recommendations to the Governor and the
3081	Legislature each year to improve results.
3082	(h) Administer the provisions of the Florida Energy and
3083	Climate Protection Act pursuant to ss. 377.801-377.806.
3084	(i) Advocate for energy and climate change issues and
3085	provide educational outreach and technical assistance in
3086	cooperation with the state's academic institutions.
3087	(j) Be a party in the proceedings to adopt goals and
3088	submit comments to the Public Service Commission pursuant to s.
3089	366.82.
3090	(k) Adopt rules pursuant to chapter 120 in order to
3091	implement all powers and duties described in this section.
3092	Section 47. Section 377.602, Florida Statutes, is amended
3093	to read:
3094	377.602 Definitions.--As used in ss. 377.601-377.608:
3095	(1) "Commission" means the Florida Energy and Climate
3096	Commission.
3097	(2)~~(1)~~ "Energy resources" includes, but shall not be
3098	limited to:
3099	(a) Energy converted from solar radiation, wind, hydraulic
3100	potential, tidal movements, biomass, geothermal sources, and
3101	other energy resources the commission determines to be important
3102	to the production or supply of energy.
3103	(b)~~(a)~~ Propane, butane, motor gasoline, kerosene, home
3104	heating oil, diesel fuel, other middle distillates, aviation
3105	gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
3106	residual fuels, crude oil, and other petroleum products and
3107	hydrocarbons as may be determined by the commission ~~department~~
3108	to be of importance.
3109	(c)~~(b)~~ All natural gas, including casinghead gas, all
3110	other hydrocarbons not defined as petroleum products in
3111	paragraph (b) ~~(a)~~, and liquefied petroleum gas as defined in s.
3112	527.01.
3113	(d)~~(c)~~ All types of coal and products derived from its
3114	conversion and used as fuel.
3115	(e)~~(d)~~ All types of nuclear energy, special nuclear
3116	material, and source material, as defined in former s. 290.07.
3117	~~(e) Every other energy resource, whether natural or~~
3118	~~manmade which the department determines to be important to the~~
3119	~~production or supply of energy, including, but not limited to,~~
3120	~~energy converted from solar radiation, wind, hydraulic~~
3121	~~potential, tidal movements, and geothermal sources.~~
3122	(f) All electrical energy.
3123	~~(2) "Department" means the Department of Environmental~~
3124	~~Protection.~~
3125	(3) "Person" means producer, refiner, wholesaler,
3126	marketer, consignee, jobber, distributor, storage operator,
3127	importer, exporter, firm, corporation, broker, cooperative,
3128	public utility as defined in s. 366.02, rural electrification
3129	cooperative, municipality engaged in the business of providing
3130	electricity or other energy resources to the public, pipeline
3131	company, person transporting any energy resources as defined in
3132	subsection (2) ~~(1)~~, and person holding energy reserves for
3133	further production; however, "person" does not include persons
3134	exclusively engaged in the retail sale of petroleum products.
3135	Section 48. All of the powers, duties, functions, records,
3136	personnel, and property; unexpended balances of appropriations,
3137	allocations, and other funds; administrative authority;
3138	administrative rules; pending issues; and existing contracts of
3139	the state energy program in the Department of Environmental
3140	Protection, as authorized and governed by ss. 20.255, 288.041,
3141	377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
3142	are transferred by a type two transfer, pursuant to s. 20.06(2),
3143	Florida Statutes, to the Florida Energy and Climate Commission
3144	in the Executive Office of the Governor.
3145	Section 49. Section 377.603, Florida Statutes, is amended
3146	to read:
3147	377.603 Energy data collection; powers and duties of the
3148	commission ~~Department of Environmental Protection~~.--
3149	(1) The commission may ~~department shall~~ collect data on
3150	the extraction, production, importation, exportation,
3151	refinement, transportation, transmission, conversion, storage,
3152	sale, or reserves of energy resources in this state in an
3153	efficient and expeditious manner.
3154	(2) The commission may ~~department shall~~ prepare periodic
3155	reports of energy data it collects.
3156	~~(3) The department shall prescribe and furnish forms for~~
3157	~~the collection of information as required by ss. 377.601-377.608~~
3158	~~and shall consult with other state entities to assure that such~~
3159	~~data collected will meet their data requirements.~~
3160	(3)~~(4)~~ The commission ~~department~~ may adopt and promulgate
3161	such rules and regulations as are necessary to carry out the
3162	provisions of ss. 377.601-377.608. Such rules shall be pursuant
3163	to chapter 120.
3164	(4)~~(5)~~ The commission ~~department~~ shall maintain internal
3165	validation procedures to assure the accuracy of information
3166	received.
3167	Section 50. Section 377.604, Florida Statutes, is amended
3168	to read:
3169	377.604 Required reports.--Every person who produces,
3170	imports, exports, refines, transports, transmits, converts,
3171	stores, sells, or holds known reserves of any form of energy
3172	resources used as fuel shall report to the commission, at the
3173	request of ~~department at a frequency set,~~ and in a manner
3174	prescribed, by the commission ~~department~~, on forms provided by
3175	the commission ~~department and prepared with the advice of~~
3176	~~representatives of the energy industry~~. Such forms shall be
3177	designed in such a manner as to indicate:
3178	(1) The identity of the person or persons making the
3179	report.
3180	(2) The quantity of energy resources extracted, produced,
3181	imported, exported, refined, transported, transmitted,
3182	converted, stored, or sold except at retail.
3183	(3) The quantity of energy resources known to be held in
3184	reserve in the state.
3185	(4) The identity of each refinery from which petroleum
3186	products have normally been obtained and the type and quantity
3187	of products secured from that refinery for sale or resale in
3188	this state.
3189	(5) Any other information which the commission ~~department~~
3190	deems proper pursuant to the intent of ss. 377.601-377.608.
3191	Section 51. Section 377.605, Florida Statutes, is amended
3192	to read:
3193	377.605 Use of existing information.--The commission may
3194	~~department shall~~ utilize to the fullest extent possible any
3195	existing energy information already prepared for state or
3196	federal agencies. Every state, county, and municipal agency
3197	shall cooperate with the commission ~~department~~ and shall submit
3198	any information on energy to the commission ~~department~~ upon
3199	request.
3200	Section 52. Section 377.606, Florida Statutes, is amended
3201	to read:
3202	377.606 Records of the commission ~~department~~; limits of
3203	confidentiality.--The information or records of individual
3204	persons, as defined in this section ~~herein~~, obtained by the
3205	commission ~~department~~ as a result of a report, investigation, or
3206	verification required by the commission ~~department,~~ shall be
3207	open to the public, except such information the disclosure of
3208	which would be likely to cause substantial harm to the
3209	competitive position of the person providing such information
3210	and which is requested to be held confidential by the person
3211	providing such information. Such proprietary information is
3212	confidential and exempt from the provisions of s. 119.07(1).
3213	Information reported by entities other than the commission
3214	~~department~~ in documents or reports open to public inspection
3215	shall under no circumstances be classified as confidential by
3216	the commission ~~department~~. Divulgence of proprietary information
3217	as is requested to be held confidential, except upon order of a
3218	court of competent jurisdiction or except to an officer of the
3219	state entitled to receive the same in his or her official
3220	capacity, shall be a misdemeanor of the second degree,
3221	punishable as provided in ss. 775.082 and 775.083. Nothing in
3222	this section ~~herein~~ shall be construed to prohibit the
3223	publication or divulgence by other means of data so classified
3224	as to prevent identification of particular accounts or reports
3225	made to the commission ~~department~~ in compliance with s. 377.603
3226	or to prohibit the disclosure of such information to properly
3227	qualified legislative committees. The commission ~~department~~
3228	shall establish a system which permits reasonable access to
3229	information developed.
3230	Section 53. Section 377.608, Florida Statutes, is amended
3231	to read:
3232	377.608 Prosecution of cases by state attorney.--The state
3233	attorney shall prosecute all cases certified to him or her for
3234	prosecution by the commission ~~department~~ immediately upon
3235	receipt of the evidence transmitted by the commission
3236	~~department~~, or as soon thereafter as practicable.
3237	Section 54. Section 377.701, Florida Statutes, is amended
3238	to read:
3239	377.701 Petroleum allocation.--
3240	(1) The Florida Energy and Climate Commission ~~Department~~
3241	~~of Environmental Protection~~ shall assume the state's role in
3242	petroleum allocation and conservation, including the development
3243	of a fair and equitable petroleum plan. The commission
3244	~~department~~ shall constitute the responsible state agency for
3245	performing the functions of any federal program delegated to the
3246	state, which relates to petroleum supply, demand, and
3247	allocation.
3248	(2) The commission ~~department~~ shall, in addition to
3249	assuming the duties and responsibilities provided by subsection
3250	(1), perform the following:
3251	(a) In projecting available supplies of petroleum,
3252	coordinate with the Department of Revenue to secure information
3253	necessary to assure the sufficiency and accuracy of data
3254	submitted by persons affected by any federal fuel allocation
3255	program.
3256	(b) Require such periodic reports from public and private
3257	sources as may be necessary to the fulfillment of its
3258	responsibilities under this act. Such reports may include:
3259	petroleum use; all sales, including end-user sales, except
3260	retail gasoline and retail fuel oil sales; inventories; expected
3261	supplies and allocations; and petroleum conservation measures.
3262	(c) In cooperation with the Department of Revenue and
3263	other relevant state agencies, provide for long-range studies
3264	regarding the usage of petroleum in the state in order to:
3265	1. Comprehend the consumption of petroleum resources.
3266	2. Predict future petroleum demands in relation to
3267	available resources.
3268	3. Report the results of such studies to the Legislature.
3269	(3) For the purpose of determining accuracy of data, all
3270	state agencies shall timely provide the commission ~~department~~
3271	with petroleum-use information in a format suitable to the needs
3272	of the allocation program.
3273	(4) A No state employee may not ~~shall~~ divulge or make
3274	known in any manner any proprietary information acquired under
3275	this act if the disclosure of such information would be likely
3276	to cause substantial harm to the competitive position of the
3277	person providing such information and if the person requests
3278	that such information be held confidential, except in accordance
3279	with a court order or in the publication of statistical
3280	information compiled by methods which do ~~would~~ not disclose the
3281	identity of individual suppliers or companies. Such proprietary
3282	information is confidential and exempt from the provisions of s.
3283	119.07(1). Nothing in this subsection shall be construed to
3284	prevent inspection of reports by the Attorney General, members
3285	of the Legislature, and interested state agencies; however, such
3286	agencies and their employees and members are bound by the
3287	requirements set forth in this subsection.
3288	(5) Any person who willfully fails to submit information
3289	required by this act or submits false information or who
3290	violates any provision of this act commits ~~is guilty of~~ a
3291	misdemeanor of the first degree and shall be punished as
3292	provided in ss. 775.082 and 775.083.
3293	Section 55. Section 377.703, Florida Statutes, is amended
3294	to read:
3295	377.703 Additional functions of the Florida Energy and
3296	Climate Commission ~~Department of Environmental Protection;~~
3297	~~energy emergency contingency plan; federal and state~~
3298	~~conservation programs~~.--
3299	(1) LEGISLATIVE INTENT.--Recognizing that energy supply
3300	and demand questions have become a major area of concern to the
3301	state which must be dealt with by effective and well-coordinated
3302	state action, it is the intent of the Legislature to promote the
3303	efficient, effective, and economical management of energy
3304	problems, centralize energy coordination responsibilities,
3305	pinpoint responsibility for conducting energy programs, and
3306	ensure the accountability of state agencies for the
3307	implementation of s. 377.601(2)~~(4)~~, the state energy policy. It
3308	is the specific intent of the Legislature that nothing in this
3309	act shall in any way change the powers, duties, and
3310	responsibilities assigned by the Florida Electrical Power Plant
3311	Siting Act, part II of chapter 403, or the powers, duties, and
3312	responsibilities of the Florida Public Service Commission.
3313	~~(2) DEFINITIONS.--~~
3314	~~(a) "Coordinate," "coordination," or "coordinating" means~~
3315	~~the examination and evaluation of state plans and programs and~~
3316	~~the providing of recommendations to the Cabinet, Legislature,~~
3317	~~and appropriate state agency on any measures deemed necessary to~~
3318	~~ensure that such plans and programs are consistent with state~~
3319	~~energy policy.~~
3320	~~(b) "Energy conservation" means increased efficiency in~~
3321	~~the utilization of energy.~~
3322	~~(c) "Energy emergency" means an actual or impending~~
3323	~~shortage or curtailment of usable, necessary energy resources,~~
3324	~~such that the maintenance of necessary services, the protection~~
3325	~~of public health, safety, and welfare, or the maintenance of~~
3326	~~basic sound economy is imperiled in any geographical section of~~
3327	~~the state or throughout the entire state.~~
3328	~~(d) "Energy source" means electricity, fossil fuels, solar~~
3329	~~power, wind power, hydroelectric power, nuclear power, or any~~
3330	~~other resource which has the capacity to do work.~~
3331	~~(e) "Facilities" means any building or structure not~~
3332	~~otherwise exempted by the provisions of this act.~~
3333	~~(f) "Fuel" means petroleum, crude oil, petroleum product,~~
3334	~~coal, natural gas, or any other substance used primarily for its~~
3335	~~energy content.~~
3336	~~(g) "Local government" means any county, municipality,~~
3337	~~regional planning agency, or other special district or local~~
3338	~~governmental entity the policies or programs of which may affect~~
3339	~~the supply or demand, or both, for energy in the state.~~
3340	~~(h) "Promotion" or "promote" means to encourage, aid,~~
3341	~~assist, provide technical and financial assistance, or otherwise~~
3342	~~seek to plan, develop, and expand.~~
3343	~~(i) "Regional planning agency" means those agencies~~
3344	~~designated as regional planning agencies by the Department of~~
3345	~~Community Affairs.~~
3346	~~(j) "Renewable energy resource" means any method, process,~~
3347	~~or substance the use of which does not diminish its availability~~
3348	~~or abundance, including, but not limited to, biomass conversion,~~
3349	~~geothermal energy, solar energy, wind energy, wood fuels derived~~
3350	~~from waste, ocean thermal gradient power, hydroelectric power,~~
3351	~~and fuels derived from agricultural products.~~
3352	(2)~~(3)~~ FLORIDA ENERGY AND CLIMATE COMMISSION ~~DEPARTMENT OF~~
3353	~~ENVIRONMENTAL PROTECTION~~; DUTIES.--The commission ~~Department of~~
3354	~~Environmental Protection~~ shall~~, in addition to assuming the~~
3355	~~duties and responsibilities provided by ss. 20.255 and 377.701,~~
3356	perform the following functions consistent with the development
3357	of a state energy policy:
3358	(a) The commission ~~department~~ shall assume the
3359	responsibility for development of an energy emergency
3360	contingency plan to respond to serious shortages of primary and
3361	secondary energy sources. Upon a finding by the Governor,
3362	implementation of any emergency program shall be upon order of
3363	the Governor that a particular kind or type of fuel is, or that
3364	the occurrence of an event which is reasonably expected within
3365	30 days will make the fuel, in short supply. The commission
3366	~~department~~ shall then respond by instituting the appropriate
3367	measures of the contingency plan to meet the given emergency or
3368	energy shortage. The Governor may utilize the provisions of s.
3369	252.36(5) to carry out any emergency actions required by a
3370	serious shortage of energy sources.
3371	(b) The commission ~~department~~ shall be ~~constitute the~~
3372	responsible ~~state agency~~ for performing or coordinating the
3373	functions of any federal energy programs delegated to the state,
3374	including energy supply, demand, conservation, or allocation.
3375	(c) The commission ~~department~~ shall analyze present and
3376	proposed federal energy programs and make recommendations
3377	regarding those programs to the Governor and the Legislature.
3378	(d) The commission ~~department~~ shall coordinate efforts to
3379	seek federal support or other support for state energy
3380	activities, including energy conservation, research, or
3381	development, and shall be ~~the state agency~~ responsible for the
3382	coordination of multiagency energy conservation programs and
3383	plans.
3384	(e) The commission ~~department~~ shall analyze energy data
3385	collected and prepare long-range forecasts of energy supply and
3386	demand in coordination with the Florida Public Service
3387	Commission, which shall have responsibility for electricity and
3388	natural gas forecasts. To this end, the forecasts shall contain:
3389	1. An analysis of the relationship of state economic
3390	growth and development to energy supply and demand, including
3391	the constraints to economic growth resulting from energy supply
3392	constraints.
3393	2. Plans for the development of renewable energy resources
3394	and reduction in dependence on depletable energy resources,
3395	particularly oil and natural gas, and an analysis of the extent
3396	to which renewable energy sources are being utilized in the
3397	state.
3398	3. Consideration of alternative scenarios of statewide
3399	energy supply and demand for 5, 10, and 20 years, to identify
3400	strategies for long-range action, including identification of
3401	potential social, economic, and environmental effects.
3402	4. An assessment of the state's energy resources,
3403	including examination of the availability of commercially
3404	developable and imported fuels, and an analysis of anticipated
3405	effects on the state's environment and social services resulting
3406	from energy resource development activities or from energy
3407	supply constraints, or both.
3408	(f) The commission ~~department~~ shall submit an annual
3409	report to ~~make a report, as requested by~~ the Governor and or the
3410	Legislature, reflecting its activities and making
3411	recommendations of policies for improvement of the state's
3412	response to energy supply and demand and its effect on the
3413	health, safety, and welfare of the people of Florida. The report
3414	shall include a report from the Florida Public Service
3415	Commission on electricity and natural gas and information on
3416	energy conservation programs conducted and underway ~~under way~~ in
3417	the past year and shall include recommendations for energy
3418	conservation programs for the state, including, but not limited
3419	to, the following factors:
3420	1. Formulation of specific recommendations for improvement
3421	in the efficiency of energy utilization in governmental,
3422	residential, commercial, industrial, and transportation sectors.
3423	2. Collection and dissemination of information relating to
3424	energy conservation.
3425	3. Development and conduct of educational and training
3426	programs relating to energy conservation.
3427	4. An analysis of the ways in which state agencies are
3428	seeking to implement s. 377.601(2)~~(4)~~, the state energy policy,
3429	and recommendations for better fulfilling this policy.
3430	(g) The commission ~~department~~ has authority to adopt rules
3431	pursuant to ss. 120.536(1) and 120.54 to implement the
3432	provisions of this act.
3433	(h) The commission shall promote the development and use
3434	of renewable energy resources, in conformance with the
3435	provisions of chapter 187 and s. 377.601, by:
3436	1. Establishing goals and strategies for increasing the
3437	use of solar energy in this state.
3438	2. Aiding and promoting the commercialization of solar
3439	energy technology, in cooperation with the Florida Solar Energy
3440	Center, Enterprise Florida, Inc., and any other federal, state,
3441	or local governmental agency which may seek to promote research,
3442	development, and demonstration of solar energy equipment and
3443	technology.
3444	3. Identifying barriers to greater use of solar energy
3445	systems in this state, and developing specific recommendations
3446	for overcoming identified barriers, with findings and
3447	recommendations to be submitted annually in the report to the
3448	Governor and Legislature required under paragraph (f).
3449	4. In cooperation with the Department of Environmental
3450	Protection, the Department of Transportation, the Department of
3451	Community Affairs, Enterprise Florida, Inc., the Florida Solar
3452	Energy Center, and the Florida Solar Energy Industries
3453	Association, investigating opportunities, pursuant to the
3454	National Energy Policy Act of 1992, ~~and~~ the Housing and
3455	Community Development Act of 1992, and any subsequent federal
3456	legislation, for solar electric vehicles and other solar energy
3457	manufacturing, distribution, installation, and financing efforts
3458	which will enhance this state's position as the leader in solar
3459	energy research, development, and use.
3460	5. Undertaking other initiatives to advance the
3461	development and use of renewable energy resources in this state.
3462
3463	In the exercise of its responsibilities under this paragraph,
3464	the commission ~~department~~ shall seek the assistance of the solar
3465	energy industry in this state and other interested parties and
3466	is authorized to enter into contracts, retain professional
3467	consulting services, and expend funds appropriated by the
3468	Legislature for such purposes.
3469	(i) The commission ~~department~~ shall promote energy
3470	conservation in all energy use sectors throughout the state and
3471	shall constitute the state agency primarily responsible for this
3472	function. To this end, the commission ~~department~~ shall
3473	coordinate the energy conservation programs of all state
3474	agencies and review and comment on the energy conservation
3475	programs of all state agencies.
3476	(j) The commission ~~department~~ shall serve as the state
3477	clearinghouse for indexing and gathering all information related
3478	to energy programs in state universities, in private
3479	universities, in federal, state, and local government agencies,
3480	and in private industry and shall prepare and distribute such
3481	information in any manner necessary to inform and advise the
3482	citizens of the state of such programs and activities. This
3483	shall include developing and maintaining a current index and
3484	profile of all research activities, which shall be identified by
3485	energy area and may include a summary of the project, the amount
3486	and sources of funding, anticipated completion dates, or, in
3487	case of completed research, conclusions, recommendations, and
3488	applicability to state government and private sector functions.
3489	The commission ~~department~~ shall coordinate, promote, and respond
3490	to efforts by all sectors of the economy to seek financial
3491	support for energy activities. The commission ~~department~~ shall
3492	provide information to consumers regarding the anticipated
3493	energy-use and energy-saving characteristics of products and
3494	services in coordination with any federal, state, or local
3495	governmental agencies as may provide such information to
3496	consumers.
3497	(k) The commission ~~department~~ shall coordinate energy-
3498	related programs of state government, including, but not limited
3499	to, the programs provided in this section. To this end, the
3500	commission ~~department~~ shall:
3501	1. Provide assistance to other state agencies, counties,
3502	municipalities, and regional planning agencies to further and
3503	promote their energy planning activities.
3504	2. Require, in cooperation with the Department of
3505	Management Services, all state agencies to operate state-owned
3506	and state-leased buildings in accordance with energy
3507	conservation standards as adopted by the Department of
3508	Management Services. Every 3 months, the Department of
3509	Management Services shall furnish the commission ~~department~~ data
3510	on agencies' energy consumption and emissions of greenhouse
3511	gases in a format prescribed by the commission ~~mutually agreed~~
3512	~~upon by the two departments~~.
3513	3. Promote the development and use of renewable energy
3514	resources, energy efficiency technologies, and conservation
3515	measures.
3516	4. Promote the recovery of energy from wastes, including,
3517	but not limited to, the use of waste heat, the use of
3518	agricultural products as a source of energy, and recycling of
3519	manufactured products. Such promotion shall be conducted in
3520	conjunction with, and after consultation with, the Department of
3521	Environmental Protection and, the Florida Public Service
3522	Commission where electrical generation or natural gas is
3523	involved, and any other relevant federal, state, or local
3524	governmental agency having responsibility for resource recovery
3525	programs.
3526	(l) The commission ~~department~~ shall develop, coordinate,
3527	and promote a comprehensive research plan for state programs.
3528	Such plan shall be consistent with state energy policy and shall
3529	be updated on a biennial basis.
3530	(m) In recognition of the devastation to the economy of
3531	this state and the dangers to the health and welfare of
3532	residents of this state caused by severe hurricanes ~~Hurricane~~
3533	~~Andrew~~, and the potential for such impacts caused by other
3534	natural disasters, the commission ~~department~~ shall include in
3535	its energy emergency contingency plan and provide to the Florida
3536	Building Commission ~~Department of Community Affairs~~ for
3537	inclusion in the Florida Energy Efficiency Code for Building
3538	Construction ~~state model energy efficiency building code~~
3539	specific provisions to facilitate the use of cost-effective
3540	solar energy technologies as emergency remedial and preventive
3541	measures for providing electric power, street lighting, and
3542	water heating service in the event of electric power outages.
3543	(3)~~(4)~~ The commission ~~department~~ shall be responsible for
3544	the administration of the Coastal Energy Impact Program provided
3545	for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
3546	Section 56. Paragraph (a) of subsection (2) of section
3547	377.705, Florida Statutes, is amended to read:
3548	377.705 Solar Energy Center; development of solar energy
3549	standards.--
3550	(2) LEGISLATIVE FINDINGS AND INTENT.--
3551	(a) ~~The Legislature recognizes that if present trends~~
3552	~~continue, Florida will increase present energy consumption~~
3553	~~sixfold by the year 2000. Because of this dramatic increase and~~
3554	~~because existing domestic conventional energy resources will not~~
3555	~~provide sufficient energy to meet the nation's future needs, new~~
3556	~~sources of energy must be developed and applied. One such~~
3557	~~source, solar energy, has been in limited use in Florida for 30~~
3558	~~years. Applications of incident solar energy, the use of solar~~
3559	~~radiation to provide energy for water heating, space heating,~~
3560	~~space cooling, and other uses, through suitable absorbing~~
3561	~~equipment on or near a residence or commercial structure, must~~
3562	~~be extensively expanded. Unfortunately, the initial costs with~~
3563	~~regard to the production of solar energy have been prohibitively~~
3564	~~expensive. However,~~ Because of increases in the cost of
3565	conventional fuel, certain applications of solar energy are
3566	becoming competitive, particularly when life-cycle costs are
3567	considered. It is the intent of the Legislature in formulating a
3568	sound and balanced energy policy for the state to encourage the
3569	development of an alternative energy capability in the form of
3570	incident solar energy.
3571	Section 57. Section 377.801, Florida Statutes, is amended
3572	to read:
3573	377.801 Short title.--Sections 377.801-377.806 may be
3574	cited as the "Florida Energy and Climate Protection ~~Renewable~~
3575	~~Energy Technologies and Energy Efficiency~~ Act."
3576	Section 58. Section 377.802, Florida Statutes, is amended
3577	to read:
3578	377.802 Purpose.--This act is intended to provide
3579	incentives for Florida's citizens, businesses, school districts,
3580	and local governments to take action to diversify the state's
3581	energy supplies, reduce dependence on foreign oil, and mitigate
3582	the effects of climate change by providing funding for
3583	activities designed to achieve these goals. The grant programs
3584	in this act are intended ~~matching grants~~ to stimulate capital
3585	investment in ~~the state~~ and to enhance the market for ~~and~~
3586	~~promote the statewide utilization of~~ renewable energy
3587	technologies and technologies intended to diversify Florida's
3588	energy supplies, reduce dependence on foreign oil, and combat or
3589	limit climate change impacts. ~~The targeted grants program is~~
3590	~~designed to advance the already growing establishment of~~
3591	~~renewable energy technologies in the state and encourage the use~~
3592	~~of other incentives such as tax exemptions and regulatory~~
3593	~~certainty to attract additional renewable energy technology~~
3594	~~producers, developers, and users to the state.~~ This act is also
3595	intended to provide incentives for the purchase of energy-
3596	efficient appliances and rebates for solar energy equipment
3597	installations for residential and commercial buildings.
3598	Section 59. Section 377.803, Florida Statutes, is amended
3599	to read:
3600	377.803 Definitions.--As used in ss. 377.801-377.806, the
3601	term:
3602	(1) "Act" means the Florida Energy and Climate Protection
3603	~~Renewable Energy Technologies and Energy Efficiency~~ Act.
3604	~~(2) "Approved metering equipment" means a device capable~~
3605	~~of measuring the energy output of a solar thermal system that~~
3606	~~has been approved by the commission.~~
3607	(2)~~(3)~~ "Commission" means the Florida Energy and Climate
3608	~~Public Service~~ Commission.
3609	~~(4) "Department" means the Department of Environmental~~
3610	~~Protection.~~
3611	(3)~~(5)~~ "Person" means an individual, partnership, joint
3612	venture, private or public corporation, association, firm,
3613	public service company, or any other public or private entity.
3614	(4)~~(6)~~ "Renewable energy" means electrical, mechanical, or
3615	thermal energy produced from a method that uses one or more of
3616	the following fuels or energy sources: hydrogen, biomass, as
3617	defined in s. 366.91, solar energy, geothermal energy, wind
3618	energy, ocean energy, waste heat, or hydroelectric power.
3619	(5)~~(7)~~ "Renewable energy technology" means any technology
3620	that generates or utilizes a renewable energy resource.
3621	(6)~~(8)~~ "Solar energy system" means equipment that provides
3622	for the collection and use of incident solar energy for water
3623	heating, space heating or cooling, or other applications that
3624	would normally require a conventional source of energy such as
3625	petroleum products, natural gas, or electricity that performs
3626	primarily with solar energy. In other systems in which solar
3627	energy is used in a supplemental way, only those components that
3628	collect and transfer solar energy shall be included in this
3629	definition.
3630	(7)~~(9)~~ "Solar photovoltaic system" means a device that
3631	converts incident sunlight into electrical current.
3632	(8)~~(10)~~ "Solar thermal system" means a device that traps
3633	heat from incident sunlight in order to heat water.
3634	Section 60. Section 377.804, Florida Statutes, as amended
3635	by section 52 of chapter 2007-73, Laws of Florida, is amended to
3636	read:
3637	377.804 Renewable Energy and Energy-Efficient Technologies
3638	Grants Program.--
3639	(1) The Renewable Energy and Energy-Efficient Technologies
3640	Grants Program is established within the commission ~~department~~
3641	to provide renewable energy matching grants for demonstration,
3642	commercialization, research, and development projects relating
3643	to renewable energy technologies and innovative technologies
3644	that significantly increase energy efficiency for vehicles and
3645	commercial buildings.
3646	(2) Matching grants for ~~renewable energy technology~~
3647	~~demonstration, commercialization, research, and development~~
3648	projects described in subsection (1) may be made to any of the
3649	following:
3650	(a) Municipalities and county governments.
3651	(b) Established for-profit companies licensed to do
3652	business in the state.
3653	(c) Universities and colleges in the state.
3654	(d) Utilities located and operating within the state.
3655	(e) Not-for-profit organizations.
3656	(f) Other qualified persons, as determined by the
3657	commission ~~department~~.
3658	(3) The commission ~~department~~ may adopt rules pursuant to
3659	ss. 120.536(1) and 120.54 to provide for application
3660	requirements, provide for ranking of applications, and
3661	administer the awarding of grants under this program.
3662	(4) Factors the commission ~~department~~ shall consider in
3663	awarding grants include, but are not limited to:
3664	(a) The availability of matching funds or other in-kind
3665	contributions applied to the total project from an applicant.
3666	The commission ~~department~~ shall give greater preference to
3667	projects that provide such matching funds or other in-kind
3668	contributions.
3669	(b) The degree to which the project stimulates in-state
3670	capital investment and economic development in metropolitan and
3671	rural areas, including the creation of jobs and the future
3672	development of a commercial market for renewable energy
3673	technologies.
3674	(c) The extent to which the proposed project has been
3675	demonstrated to be technically feasible based on pilot project
3676	demonstrations, laboratory testing, scientific modeling, or
3677	engineering or chemical theory that supports the proposal.
3678	(d) The degree to which the project incorporates an
3679	innovative new technology or an innovative application of an
3680	existing technology.
3681	(e) The degree to which a project generates thermal,
3682	mechanical, or electrical energy by means of a renewable energy
3683	resource that has substantial long-term production potential.
3684	(f) The degree to which a project demonstrates efficient
3685	use of energy and material resources.
3686	(g) The degree to which the project fosters overall
3687	understanding and appreciation of renewable energy technologies.
3688	(h) The ability to administer a complete project.
3689	(i) Project duration and timeline for expenditures.
3690	(j) The geographic area in which the project is to be
3691	conducted in relation to other projects.
3692	(k) The degree of public visibility and interaction.
3693	(5) The commission ~~department~~ shall solicit the expertise
3694	of ~~other~~ state agencies, Enterprise Florida, Inc., and state
3695	universities, and may solicit the expertise of other public and
3696	private entities it deems appropriate, in evaluating project
3697	proposals. State agencies shall cooperate with the commission
3698	~~Department of Environmental Protection~~ and provide such
3699	assistance as requested.
3700	(6) The commission ~~department~~ shall coordinate and
3701	actively consult with the Department of Agriculture and Consumer
3702	Services during the review and approval process of grants
3703	relating to bioenergy projects for renewable energy technology,
3704	~~and the departments shall jointly determine the grant awards to~~
3705	~~these bioenergy projects. No grant funding shall be awarded to~~
3706	~~any bioenergy project without such joint approval~~. Factors for
3707	consideration in awarding grants may include, but are not
3708	limited to, the degree to which:
3709	(a) The project stimulates in-state capital investment and
3710	economic development in metropolitan and rural areas, including
3711	the creation of jobs and the future development of a commercial
3712	market for bioenergy.
3713	(b) The project produces bioenergy from Florida-grown
3714	crops or biomass.
3715	(c) The project demonstrates efficient use of energy and
3716	material resources.
3717	(d) The project fosters overall understanding and
3718	appreciation of bioenergy technologies.
3719	(e) Matching funds and in-kind contributions from an
3720	applicant are available.
3721	(f) The project duration and the timeline for expenditures
3722	are acceptable.
3723	(g) The project has a reasonable assurance of enhancing
3724	the value of agricultural products or will expand agribusiness
3725	in the state.
3726	(h) Preliminary market and feasibility research has been
3727	conducted by the applicant or others and shows there is a
3728	reasonable assurance of a potential market.
3729	(7) Each grant application shall be accompanied by an
3730	affidavit from the applicant attesting to the accuracy of the
3731	statements contained in the application.
3732	Section 61. Section 377.806, Florida Statutes, is amended
3733	to read:
3734	377.806 Solar Energy System Incentives Program.--
3735	(1) PURPOSE.--The Solar Energy System Incentives Program
3736	is established within the commission ~~department~~ to provide
3737	financial incentives for the purchase and installation of solar
3738	energy systems. Any resident of the state who purchases and
3739	installs a new solar energy system of 2 kilowatts or larger for
3740	a solar photovoltaic system, a solar energy system that provides
3741	at least 50 percent of a building's hot water consumption for a
3742	solar thermal system, or a solar thermal pool heater, from July
3743	1, 2006, through June 30, 2010, is eligible for a rebate on a
3744	portion of the purchase price of that solar energy system.
3745	(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
3746	(a) Eligibility requirements.--A solar photovoltaic system
3747	qualifies for a rebate if:
3748	1. The system is installed by a state-licensed master
3749	electrician, electrical contractor, or solar contractor.
3750	2. The system complies with state interconnection
3751	standards as provided by the Florida Public Service Commission.
3752	3. The system complies with all applicable building codes
3753	as defined by the Florida Building Code ~~local jurisdictional~~
3754	~~authority~~.
3755	(b) Rebate amounts.--The rebate amount shall be set at $4
3756	per watt based on the total wattage rating of the system. The
3757	maximum allowable rebate per solar photovoltaic system
3758	installation shall be as follows:
3759	1. Twenty thousand dollars for a residence.
3760	2. One hundred thousand dollars for a place of business, a
3761	publicly owned or operated facility, or a facility owned or
3762	operated by a private, not-for-profit organization, including
3763	condominiums or apartment buildings.
3764	(3) SOLAR THERMAL SYSTEM INCENTIVE.--
3765	(a) Eligibility requirements.--A solar thermal system
3766	qualifies for a rebate if:
3767	1. The system is installed by a state-licensed solar or
3768	plumbing contractor, or for the installation of standing seam
3769	hybrid thermal roofs, a roofing contractor.
3770	2. The system complies with all applicable building codes
3771	as defined by the Florida Building Code ~~local jurisdictional~~
3772	~~authority~~.
3773	(b) Rebate amounts.--Authorized rebates for installation
3774	of solar thermal systems shall be as follows:
3775	1. Five hundred dollars for a residence.
3776	2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3777	for a place of business, a publicly owned or operated facility,
3778	or a facility owned or operated by a private, not-for-profit
3779	organization, including condominiums or apartment buildings. ~~Btu~~
3780	~~must be verified by approved metering equipment.~~
3781	(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
3782	(a) Eligibility requirements.--A solar thermal pool heater
3783	qualifies for a rebate if the system is installed by a state-
3784	licensed solar or plumbing contractor and the system complies
3785	with all applicable building codes as defined by the Florida
3786	Building Code ~~local jurisdictional authority~~.
3787	(b) Rebate amount.--Authorized rebates for installation of
3788	solar thermal pool heaters shall be $100 per installation.
3789	(5) APPLICATION.--Application for a rebate must be made
3790	within 120 90 days after the purchase of the solar energy
3791	equipment.
3792	(6) REBATE AVAILABILITY.--The commission ~~department~~ shall
3793	determine and publish on a regular basis the amount of rebate
3794	funds remaining in each fiscal year. The total dollar amount of
3795	all rebates issued ~~by the department~~ is subject to the total
3796	amount of appropriations in any fiscal year for this program. If
3797	funds are insufficient during the current fiscal year, any
3798	requests for rebates received during that fiscal year may be
3799	processed during the following fiscal year. Requests for rebates
3800	received in a fiscal year that are processed during the
3801	following fiscal year shall be given priority over requests for
3802	rebates received during the following fiscal year.
3803	(7) RULES.--The commission ~~department~~ shall adopt rules
3804	pursuant to ss. 120.536(1) and 120.54 to develop rebate
3805	applications and administer the issuance of rebates.
3806	Section 62. Section 377.808, Florida Statutes, is created
3807	to read:
3808	377.808 Florida Green Government Grants Act.--
3809	(1) This section may be cited as the "Florida Green
3810	Government Grants Act."
3811	(2) The Florida Energy and Climate Commission shall use
3812	funds specifically appropriated to award grants under this
3813	section to assist local governments, including municipalities,
3814	counties, and school districts, in the development and
3815	implementation of programs that achieve green standards. Green
3816	standards shall be determined by the commission and shall
3817	provide for cost-efficient solutions, reducing greenhouse gas
3818	emissions, improving quality of life, and strengthening the
3819	state's economy.
3820	(3) The commission shall adopt rules pursuant to chapter
3821	120 to administer the grants provided for in this section. In
3822	accordance with the rules adopted by the commission under this
3823	section, the commission may provide grants from funds
3824	specifically appropriated for this purpose to local governments
3825	for the costs of achieving green standards, including necessary
3826	administrative expenses. The rules of the commission shall:
3827	(a) Designate one or more suitable green government
3828	standards frameworks from which local governments may develop a
3829	greening government initiative and from which projects may be
3830	eligible for funding pursuant to this section.
3831	(b) Require that projects that plan, design, construct,
3832	upgrade, or replace facilities reduce greenhouse gas emissions
3833	and be cost-effective, environmentally sound, permittable, and
3834	implementable.
3835	(c) Require local governments to match state funds with
3836	direct project cost sharing or in-kind services.
3837	(d) Provide for a scale of matching requirements for local
3838	governments on the basis of population in order to assist rural
3839	and undeveloped areas of the state with any financial burden of
3840	addressing climate change impacts.
3841	(e) Require grant applications to be submitted on
3842	appropriate forms developed and adopted by the commission with
3843	appropriate supporting documentation and require records to be
3844	maintained.
3845	(f) Establish a system to determine the relative priority
3846	of grant applications. The system shall consider greenhouse gas
3847	reductions, energy savings and efficiencies, and proven
3848	technologies.
3849	(g) Establish requirements for competitive procurement of
3850	engineering and construction services, materials, and equipment.
3851	(h) Provide for termination of grants when program
3852	requirements are not met.
3853	(4) Each local government is limited to not more than two
3854	grant applications during each application period announced by
3855	the commission. However, a local government may not have more
3856	than three active projects expending grant funds during any
3857	state fiscal year.
3858	(5) The commission shall perform an adequate overview of
3859	each grant, which may include technical review, site
3860	inspections, disbursement approvals, and auditing to
3861	successfully implement this section.
3862	Section 63. Paragraph (c) of subsection (3) of section
3863	380.23, Florida Statutes, is amended to read:
3864	380.23 Federal consistency.--
3865	(3) Consistency review shall be limited to review of the
3866	following activities, uses, and projects to ensure that such
3867	activities, uses, and projects are conducted in accordance with
3868	the state's coastal management program:
3869	(c) Federally licensed or permitted activities affecting
3870	land or water uses when such activities are in or seaward of the
3871	jurisdiction of local governments required to develop a coastal
3872	zone protection element as provided in s. 380.24 and when such
3873	activities involve:
3874	1. Permits and licenses required under the Rivers and
3875	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3876	2. Permits and licenses required under the Marine
3877	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3878	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3879	3. Permits and licenses required under the Federal Water
3880	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3881	amended, unless such permitting activities have been delegated
3882	to the state pursuant to said act.
3883	4. Permits and licenses relating to the transportation of
3884	hazardous substance materials or transportation and dumping
3885	which are issued pursuant to the Hazardous Materials
3886	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3887	33 U.S.C. s. 1321, as amended.
3888	5. Permits and licenses required under 15 U.S.C. ss. 717-
3889	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3890	1331-1356 for construction and operation of interstate gas
3891	pipelines and storage facilities.
3892	6. Permits and licenses required for the siting and
3893	construction of any new electrical power plants as defined in s.
3894	403.503(14)~~(13)~~, as amended, and the licensing and relicensing
3895	of hydroelectric power plants under the Federal Power Act, 16
3896	U.S.C. ss. 791a et seq., as amended.
3897	7. Permits and licenses required under the Mining Law of
3898	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3899	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3900	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3901	amended; the Federal Land Policy and Management Act, 43 U.S.C.
3902	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3903	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3904	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3905	pipelines, geological and geophysical activities, or rights-of-
3906	way on public lands and permits and licenses required under the
3907	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3908	amended.
3909	8. Permits and licenses for areas leased under the OCS
3910	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3911	leases and approvals of exploration, development, and production
3912	plans.
3913	9. Permits and licenses required under the Deepwater Port
3914	Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3915	10. Permits required for the taking of marine mammals
3916	under the Marine Mammal Protection Act of 1972, as amended, 16
3917	U.S.C. s. 1374.
3918	Section 64. Subsection (20) of section 403.031, Florida
3919	Statutes, is amended to read:
3920	403.031 Definitions.--In construing this chapter, or rules
3921	and regulations adopted pursuant hereto, the following words,
3922	phrases, or terms, unless the context otherwise indicates, have
3923	the following meanings:
3924	(20) "Electrical power plant" means, for purposes of this
3925	part of this chapter, any electrical generating facility that
3926	uses any process or fuel and that is owned or operated by an
3927	electric utility, as defined in s. 403.503(14)~~(13)~~, and includes
3928	any associated facility that directly supports the operation of
3929	the electrical power plant.
3930	Section 65. Section 403.44, Florida Statutes, is created
3931	to read:
3932	403.44 Florida Climate Protection Act.--
3933	(1) The Legislature finds it is in the best interest of
3934	the state to document, to the greatest extent practicable,
3935	greenhouse gas emissions and to pursue a market-based emissions
3936	abatement program, such as cap and trade, to address greenhouse
3937	gas emissions reductions.
3938	(2) As used in this section, the term:
3939	(a) "Allowance" means a credit issued by the department
3940	through allotments or auction which represents an authorization
3941	to emit specific amounts of greenhouse gases, as further defined
3942	in department rule.
3943	(b) "Cap and trade" or "emissions trading" means an
3944	administrative approach used to control pollution by providing a
3945	limit on total allowable emissions, providing for allowances to
3946	emit pollutants, and providing for the transfer of the
3947	allowances among pollutant sources as a means of compliance with
3948	emission limits.
3949	(c) "Greenhouse gas" or "GHG" means carbon dioxide,
3950	methane, nitrous oxide, and fluorinated gases such as
3951	hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3952	(d) "Leakage" means the offset of emission abatement that
3953	is achieved in one location subject to emission control
3954	regulation by increased emissions in unregulated locations.
3955	(e) "Major emitter" means an electric utility regulated
3956	under this chapter.
3957	(3) A major emitter shall be required to use The Climate
3958	Registry for purposes of emission registration and reporting.
3959	(4) The department shall establish the methodologies,
3960	reporting periods, and reporting systems that shall be used when
3961	major emitters report to The Climate Registry. The department
3962	may require the use of quality-assured data from continuous
3963	emissions monitoring systems.
3964	(5) The department may adopt rules for a cap-and-trade
3965	regulatory program to reduce greenhouse gas emissions from major
3966	emitters. When developing the rules, the department shall
3967	consult with the Florida Energy and Climate Commission and the
3968	Florida Public Service Commission and may consult with the
3969	Governor's Action Team for Energy and Climate Change. The
3970	department shall not adopt rules until after January 1, 2010.
3971	The rules shall not become effective until ratified by the
3972	Legislature.
3973	(6) The rules of the cap-and-trade regulatory program
3974	shall include, but are not limited to:
3975	(a) A statewide limit or cap on the amount of greenhouse
3976	gases emitted by major emitters.
3977	(b) Methods, requirements, and conditions for allocating
3978	the cap among major emitters.
3979	(c) Methods, requirements, and conditions for emissions
3980	allowances and the process for issuing emissions allowances.
3981	(d) The relationship between allowances and the specific
3982	amounts of greenhouse gas emissions they represent.
3983	(e) The length of allowance periods and the time over
3984	which entities must account for emissions and surrender
3985	allowances equal to emissions.
3986	(f) The timeline of allowances from the initiation of the
3987	program through to 2050.
3988	(g) A process for the trade of allowances between major
3989	emitters, including a registry, tracking, or accounting system
3990	for such trades.
3991	(h) Cost containment mechanisms to reduce price and cost
3992	risks associated with the electric generation market in this
3993	state. Cost containment mechanisms to be considered for
3994	inclusion in the rules include, but are not limited to:
3995	1. Allowing major emitters to borrow allowances from
3996	future time periods to meet their greenhouse gas emission
3997	limits.
3998	2. Allowing major emitters to bank greenhouse gas emission
3999	reductions in the current year to be used to meet emission
4000	limits in future years.
4001	3. Allowing major emitters to purchase emissions offsets
4002	from other entities that produce verifiable reductions in
4003	unregulated greenhouse gas emissions or that produce verifiable
4004	reductions in greenhouse gas emissions through voluntary
4005	practices that capture and store greenhouse gases that otherwise
4006	would be released into the atmosphere. In considering this cost
4007	containment mechanism, the department shall identify sectors and
4008	activities outside of the capped sectors, including other state,
4009	federal, or international activities, and the conditions under
4010	which reductions there can be credited against emissions of
4011	capped entities in place of allowances issued by the department.
4012	The department shall also consider potential methods and their
4013	effectiveness to avoid double-incentivizing such activities.
4014	4. Providing a safety valve mechanism to ensure that the
4015	market prices for allowances or offsets do not surpass a
4016	predetermined level compatible with the affordability of
4017	electric utility rates and the well-being of the state's
4018	economy. In considering this cost containment mechanism, the
4019	department shall evaluate different price levels for the safety
4020	valve and methods to change the price level over time to reflect
4021	changing state, federal, and international markets, regulatory
4022	environments, and technological advancements.
4023
4024	In considering cost containment mechanisms for inclusion in the
4025	rules, the department shall evaluate the anticipated overall
4026	effect of each mechanism on the abatement of greenhouse gas
4027	emissions and on electricity ratepayers and the benefits and
4028	costs of each to the state's economy, and shall also consider
4029	the interrelationships between the mechanisms under
4030	consideration.
4031	(i) A process to allow the department to exercise its
4032	authority to discourage leakage of GHG emissions to neighboring
4033	states attributable to the implementation of this program.
4034	(j) Provisions for a trial period on the trading of
4035	allowances before full implementation of a trading system.
4036	(7) In recommending and evaluating proposed features of
4037	the cap-and-trade system, the following factors shall be
4038	considered:
4039	(a) The overall cost-effectiveness of the cap-and-trade
4040	system in combination with other policies and measures in
4041	meeting statewide targets.
4042	(b) Minimizing the administrative burden to the state of
4043	implementing, monitoring, and enforcing the program.
4044	(c) Minimizing the administrative burden on entities
4045	covered under the cap.
4046	(d) The impacts on electricity prices for consumers.
4047	(e) The specific benefits to the state's economy for early
4048	adoption of a cap-and-trade system for greenhouse gases in the
4049	context of federal climate change legislation and the
4050	development of new international compacts.
4051	(f) The specific benefits to the state's economy
4052	associated with the creation and sale of emissions offsets from
4053	economic sectors outside of the emissions cap.
4054	(g) The potential effects on leakage if economic activity
4055	relocates out of the state.
4056	(h) The effectiveness of the combination of measures in
4057	meeting identified targets.
4058	(i) The implications for near-term periods of long-term
4059	targets specified in the overall policy.
4060	(j) The overall costs and benefits of a cap-and-trade
4061	system to the state economy.
4062	(k) How to moderate impacts on low-income consumers that
4063	result from energy price increases.
4064	(l) Consistency of the program with other state and
4065	possible federal efforts.
4066	(m) The feasibility and cost-effectiveness of extending
4067	the program scope as broadly as possible among emitting
4068	activities and sinks in Florida.
4069	(n) Evaluation of the conditions under which Florida
4070	should consider linking its trading system to the systems of
4071	other states or other countries and how that might be affected
4072	by the potential inclusion in the rule of a safety valve.
4073	(8) Recognizing that the international, national, and
4074	neighboring state policies and the science of climate change
4075	will evolve, prior to submitting the proposed rules to the
4076	Legislature for consideration, the department shall submit the
4077	proposed rules to the Florida Energy and Climate Commission,
4078	which shall review the proposed rules and submit a report to the
4079	Governor, the President of the Senate, the Speaker of the House
4080	of Representatives, and the department. The report shall
4081	address:
4082	(a) The overall cost-effectiveness of the proposed cap-
4083	and-trade system in combination with other policies and measures
4084	in meeting statewide targets.
4085	(b) The administrative burden to the state of
4086	implementing, monitoring, and enforcing the program.
4087	(c) The administrative burden on entities covered under
4088	the cap.
4089	(d) The impacts on electricity prices for consumers.
4090	(e) The specific benefits to the state's economy for early
4091	adoption of a cap-and-trade system for greenhouse gases in the
4092	context of federal climate change legislation and the
4093	development of new international compacts.
4094	(f) The specific benefits to the state's economy
4095	associated with the creation and sale of emissions offsets from
4096	economic sectors outside of the emissions cap.
4097	(g) The potential effects on leakage if economic activity
4098	relocates out of the state.
4099	(h) The effectiveness of the combination of measures in
4100	meeting identified targets.
4101	(i) The economic implications for near-term periods of
4102	short-term and long-term targets specified in the overall
4103	policy.
4104	(j) The overall costs and benefits of a cap-and-trade
4105	system to the economy of the state.
4106	(k) The impacts on low-income consumers that result from
4107	energy price increases.
4108	(l) The consistency of the program with other state and
4109	possible federal efforts.
4110	(m) The evaluation of the conditions under which the state
4111	should consider linking its trading system to the systems of
4112	other states or other countries and how that might be affected
4113	by the potential inclusion in the rule of a safety valve.
4114	(n) The timing and changes in the external environment,
4115	such as proposals by other states or implementation of a federal
4116	program that would spur reevaluation of the Florida program.
4117	(o) The conditions and options for eliminating the Florida
4118	program if a federal program were to supplant it.
4119	(p) The need for a regular reevaluation of the progress of
4120	other emitting regions of the country and of the world, and
4121	whether other regions are abating emissions in a commensurate
4122	manner.
4123	(q) The desirability of and possibilities of broadening
4124	the scope of the state's cap-and-trade system at a later date to
4125	include more emitting activities as well as sinks in Florida,
4126	the conditions that would need to be met to do so, and how the
4127	program would encourage these conditions to be met, including
4128	developing monitoring and measuring techniques for land use
4129	emissions and sinks, regulating sources upstream, and other
4130	considerations.
4131	Section 66. Section 403.502, Florida Statutes, is amended
4132	to read:
4133	403.502 Legislative intent.--The Legislature finds that
4134	the present and predicted growth in electric power demands in
4135	this state requires the development of a procedure for the
4136	selection and utilization of sites for electrical generating
4137	facilities and the identification of a state position with
4138	respect to each proposed site and its associated facilities. The
4139	Legislature recognizes that the selection of sites and the
4140	routing of associated facilities, including transmission lines,
4141	will have a significant impact upon the welfare of the
4142	population, the location and growth of industry, and the use of
4143	the natural resources of the state. The Legislature finds that
4144	the efficiency of the permit application and review process at
4145	both the state and local level would be improved with the
4146	implementation of a process whereby a permit application would
4147	be centrally coordinated and all permit decisions could be
4148	reviewed on the basis of standards and recommendations of the
4149	deciding agencies. It is the policy of this state that, while
4150	recognizing the pressing need for increased power generation
4151	facilities, the state shall ensure through available and
4152	reasonable methods that the location and operation of electrical
4153	power plants will produce minimal adverse effects on human
4154	health, the environment, the ecology of the land and its
4155	wildlife, and the ecology of state waters and their aquatic life
4156	and will not unduly conflict with the goals established by the
4157	applicable local comprehensive plans. It is the intent to seek
4158	courses of action that will fully balance the increasing demands
4159	for electrical power plant location and operation with the broad
4160	interests of the public. Such action will be based on these
4161	premises:
4162	(1) To assure the citizens of Florida that operation
4163	safeguards are technically sufficient for their welfare and
4164	protection.
4165	(2) To effect a reasonable balance between the need for
4166	the facility and the environmental impact resulting from
4167	construction and operation of the facility, including air and
4168	water quality, fish and wildlife, and the water resources and
4169	other natural resources of the state.
4170	(3) To meet the need for electrical energy as established
4171	pursuant to s. 403.519.
4172	(4) To assure the citizens of Florida that renewable
4173	energy sources and technologies, as well as conservation
4174	measures, are utilized to the extent reasonably available.
4175	Section 67. Subsections (3) through (30) of section
4176	403.503, Florida Statutes, are renumbered as subsections (4)
4177	through (31), respectively, present subsections (6), (8), (10),
4178	(13), (27), and (29) are amended, and a new subsection (3) is
4179	added to that section, to read:
4180	403.503 Definitions relating to Florida Electrical Power
4181	Plant Siting Act.--As used in this act:
4182	(3) "Alternate corridor" means an area that is proposed by
4183	the applicant or a third party within which all or part of an
4184	associated electrical transmission line right-of-way is to be
4185	located and that is different from the preferred transmission
4186	line corridor proposed by the applicant. The width of the
4187	alternate corridor proposed for certification for an associated
4188	electrical transmission line may be the width of the proposed
4189	right-of-way or a wider boundary not to exceed a width of 1
4190	mile. The area within the alternate corridor may be further
4191	restricted as a condition of certification. The alternate
4192	corridor may include alternate electrical substation sites if
4193	the applicant has proposed an electrical substation as part of
4194	the portion of the proposed electrical transmission line.
4195	(7)~~(6)~~ "Associated facilities" means, for the purpose of
4196	certification, those onsite and offsite facilities which
4197	directly support the construction and operation of the
4198	electrical power plant such as electrical transmission lines,
4199	substations, and fuel unloading facilities; pipelines necessary
4200	for transporting fuel for the operation of the facility or other
4201	fuel transportation facilities; water or wastewater transport
4202	pipelines; construction, maintenance, and access roads; and
4203	railway lines necessary for transport of construction equipment
4204	or fuel for the operation of the facility.
4205	(9)~~(8)~~ "Certification" means the written order of the
4206	board, or secretary when applicable, approving an application
4207	for the licensing of an electrical power plant, in whole or with
4208	such changes or conditions as the board may deem appropriate.
4209	(11)~~(10)~~ "Corridor" means the proposed area within which
4210	an associated linear facility right-of-way is to be located. The
4211	width of the corridor proposed for certification as an
4212	associated facility, at the option of the applicant, may be the
4213	width of the right-of-way or a wider boundary, not to exceed a
4214	width of 1 mile. The area within the corridor in which a right-
4215	of-way may be located may be further restricted by a condition
4216	of certification. After all property interests required for the
4217	right-of-way have been acquired by the licensee, the boundaries
4218	of the area certified shall narrow to only that land within the
4219	boundaries of the right-of-way. The corridors proper for
4220	certification shall be those addressed in the application, in
4221	amendments to the application filed under s. 403.5064, and in
4222	notices of acceptance of proposed alternate corridors filed by
4223	an applicant and the department pursuant to s. 403.5271 as
4224	incorporated by reference in s. 403.5064(1)(b) for which the
4225	required information for the preparation of agency supplemental
4226	reports was filed.
4227	(14)~~(13)~~ "Electrical power plant" means, for the purpose
4228	of certification, any steam or solar electrical generating
4229	facility using any process or fuel, including nuclear materials,
4230	except that this term does not include any steam or solar
4231	electrical generating facility of less than 75 megawatts in
4232	capacity unless the applicant for such a facility elects to
4233	apply for certification under this act. This term also includes
4234	the site; all associated facilities that will to be owned by the
4235	applicant that ~~which~~ are physically connected to the ~~electrical~~
4236	~~power plant~~ site; all associated facilities that ~~or which~~ are
4237	indirectly ~~directly~~ connected to the ~~electrical power plant~~ site
4238	by other proposed associated facilities that will to be owned by
4239	the applicant;, and associated transmission lines that will to
4240	be owned by the applicant which connect the electrical power
4241	plant to an existing transmission network or rights-of-way to of
4242	which the applicant intends to connect. At the applicant's
4243	option, this term may include any offsite associated facilities
4244	that ~~which~~ will not be owned by the applicant; offsite
4245	associated facilities that ~~which~~ are owned by the applicant but
4246	that ~~which~~ are not directly connected to the ~~electrical power~~
4247	~~plant~~ site; any proposed terminal or intermediate substations or
4248	substation expansions connected to the associated transmission
4249	line; or new transmission lines, upgrades, or improvements of an
4250	existing transmission line on any portion of the applicant's
4251	electrical transmission system necessary to support the
4252	generation injected into the system from the proposed electrical
4253	power plant.
4254	(28)~~(27)~~ "Site" means any proposed location within which
4255	will be located ~~wherein~~ an electrical power plant's generating
4256	facility and onsite support facilities ~~plant~~, or an ~~electrical~~
4257	~~power plant~~ alteration or addition of electrical generating
4258	facilities and onsite support facilities resulting in an
4259	increase in generating capacity, ~~will be located,~~ including
4260	offshore sites within state jurisdiction.
4261	(30)~~(29)~~ "Ultimate site capacity" means the maximum gross
4262	generating capacity for a site as certified by the board, unless
4263	otherwise specified as net generating capacity.
4264	Section 68. Subsections (2) through (5), (9), and (11) of
4265	section 403.504, Florida Statutes, are amended to read:
4266	403.504 Department of Environmental Protection; powers and
4267	duties enumerated.--The department shall have the following
4268	powers and duties in relation to this act:
4269	(2) To prescribe the form and content of the public
4270	notices and the notice of intent and the form, content, and
4271	necessary supporting documentation and studies to be prepared by
4272	the applicant for electrical power plant ~~site~~ certification
4273	applications.
4274	(3) To receive applications for electrical power plant
4275	~~site~~ certifications and to determine the completeness and
4276	sufficiency thereof.
4277	(4) To make, or contract for, studies of electrical power
4278	plant ~~site~~ certification applications.
4279	(5) To administer the processing of applications for
4280	electric power plant ~~site~~ certifications and to ensure that the
4281	applications are processed as expeditiously as possible.
4282	(9) To determine whether an alternate corridor proposed
4283	for consideration under s. 403.5064(4) is acceptable ~~issue final~~
4284	~~orders after receipt of the administrative law judge's order~~
4285	~~relinquishing jurisdiction pursuant to s. 403.508(6)~~.
4286	(11) To administer and manage the terms and conditions of
4287	the certification order and supporting documents and records for
4288	the life of the electrical power plant ~~facility~~.
4289	Section 69. Subsection (1) of section 403.506, Florida
4290	Statutes, is amended, and subsection (3) is added that section,
4291	to read:
4292	403.506 Applicability, thresholds, and certification.--
4293	(1) The provisions of this act shall apply to any
4294	electrical power plant as defined herein, except that the
4295	provisions of this act shall not apply to any electrical power
4296	plant ~~or steam generating plant~~ of less than 75 megawatts in
4297	gross capacity, including its associated facilities, ~~or to any~~
4298	~~substation to be constructed as part of an associated~~
4299	~~transmission line~~ unless the applicant has elected to apply for
4300	certification of such electrical power plant ~~or substation~~ under
4301	this act. The provisions of this act shall not apply to ~~any unit~~
4302	capacity expansions ~~expansion~~ of 75 35 megawatts or less, in the
4303	aggregate, of an existing exothermic reaction cogeneration
4304	electrical generating facility ~~unit~~ that was exempt from this
4305	act when it was originally built; however, this exemption shall
4306	not apply if the unit uses oil or natural gas for purposes other
4307	than unit startup. No construction of any new electrical power
4308	plant or expansion in steam generating capacity as measured by
4309	an increase in the maximum electrical generator rating of any
4310	existing electrical power plant may be undertaken after October
4311	1, 1973, without first obtaining certification in the manner as
4312	herein provided, except that this act shall not apply to any
4313	such electrical power plant which is presently operating or
4314	under construction or which has, upon the effective date of
4315	chapter 73-33, Laws of Florida, applied for a permit or
4316	certification under requirements in force prior to the effective
4317	date of such act.
4318	(3) An electric utility may obtain separate licenses,
4319	permits, and approvals for the construction of facilities
4320	necessary to construct an electrical power plant without first
4321	obtaining certification under this act if the utility intends to
4322	locate, license, and construct a proposed or expanded electrical
4323	power plant that uses nuclear materials as fuel. Such facilities
4324	may include, but are not limited to, access and onsite roads,
4325	rail lines, electrical transmission facilities to support
4326	construction, and facilities necessary for waterborne delivery
4327	of construction materials and project components. This exemption
4328	applies to such facilities regardless of whether the facilities
4329	are used for operation of the power plant. The applicant shall
4330	file with the department a statement that declares that the
4331	construction of such facilities is necessary for the timely
4332	construction of the proposed electrical power plant and
4333	identifies those facilities that the applicant intends to seek
4334	licenses for and construct prior to or separate from
4335	certification of the project. The facilities may be located
4336	within or off the site for the proposed electrical power plant.
4337	The filing of an application under this act shall not affect
4338	other applications for separate licenses which are pending at
4339	the time of filing the application. Furthermore, the filing of
4340	an application shall not prevent an electric utility from
4341	seeking separate licenses for facilities that are necessary to
4342	construct the electrical power plant. Licenses, permits, or
4343	approvals issued by any state, regional, or local agency for
4344	such facilities shall be incorporated by the department into a
4345	final certification upon completion of construction. Any
4346	facilities necessary for construction of the electrical power
4347	plant shall become part of the certified electrical power plant
4348	upon completion of the electrical power plant's construction.
4349	The exemption in this subsection shall not require or authorize
4350	agency rulemaking, and any action taken under this subsection
4351	shall not be subject to the provisions of chapter 120. This
4352	subsection shall be given retroactive effect and shall apply to
4353	applications filed after May 1, 2008.
4354	Section 70. Subsections (1) and (4) of section 403.5064,
4355	Florida Statutes, are amended to read:
4356	403.5064 Application; schedules.--
4357	(1) The formal date of filing of a certification
4358	application and commencement of the certification review process
4359	shall be when the applicant submits:
4360	(a) Copies of the certification application in a quantity
4361	and format as prescribed by rule to the department and other
4362	agencies identified in s. 403.507(2)(a).
4363	(b) A statement affirming that the applicant is opting to
4364	allow consideration of alternate corridors for an associated
4365	transmission line corridor. If alternate corridors are allowed,
4366	at the applicant's option, the portion of the application
4367	addressing associated transmission line corridors shall be
4368	processed under the schedule set forth in ss. 403.521-403.526,
4369	403.527(4), and 403.5271, including the opportunity for the
4370	filing of alternate corridors by third parties; however, if such
4371	alternate corridors are filed, the certification hearing shall
4372	not be rescheduled as allowed by s. 403.5271(1)(b).
4373	(c)~~(b)~~ The application fee specified under s. 403.518 to
4374	the department.
4375	(4) Within 7 days after the filing of an application, the
4376	department shall prepare a proposed schedule of dates for
4377	determination of completeness, submission of statements of
4378	issues, submittal of final reports, and other significant dates
4379	to be followed during the certification process, including dates
4380	for filing notices of appearance to be a party pursuant to s.
4381	403.508(3). If the application includes one or more associated
4382	transmission line corridors, at the request of the applicant
4383	filed concurrently with the application, the department shall
4384	use the application processing schedule set forth in ss.
4385	403.521-403.526, 403.527(4), and 403.5271 for the associated
4386	transmission line corridors, including the opportunity for the
4387	filing and review of alternate corridors, if a party proposes
4388	alternate transmission line corridor routes for consideration no
4389	later than 165 days before the scheduled certification hearing.
4390	Notwithstanding an applicant's option for the transmission line
4391	corridor portion of its application to be processed under the
4392	proposed schedule, only one certification hearing shall be held
4393	for the entire plant in accordance with s. 403.508(2). The
4394	proposed ~~This~~ schedule shall be timely provided by the
4395	department to the applicant, the administrative law judge, all
4396	agencies identified pursuant to subsection (2), and all parties.
4397	Within 7 days after the filing of the proposed schedule, the
4398	administrative law judge shall issue an order establishing a
4399	schedule for the matters addressed in the department's proposed
4400	schedule and other appropriate matters, if any.
4401	Section 71. Subsection (1) of section 403.5065, Florida
4402	Statutes, is amended to read:
4403	403.5065 Appointment of administrative law judge; powers
4404	and duties.--
4405	(1) Within 7 days after receipt of an application, the
4406	department shall request the Division of Administrative Hearings
4407	to designate an administrative law judge to conduct the hearings
4408	required by this act. The division director shall designate an
4409	administrative law judge within 7 days after receipt of the
4410	request from the department. In designating an administrative
4411	law judge for this purpose, the division director shall,
4412	whenever practicable, assign an administrative law judge who has
4413	had prior experience or training in electrical power plant ~~site~~
4414	certification proceedings. Upon being advised that an
4415	administrative law judge has been appointed, the department
4416	shall immediately file a copy of the application and all
4417	supporting documents with the designated administrative law
4418	judge, who shall docket the application.
4419	Section 72. Subsection (3) of section 403.50663, Florida
4420	Statutes, is amended to read:
4421	403.50663 Informational public meetings.--
4422	(3) A local government or regional planning council that
4423	intends to conduct an informational public meeting must provide
4424	notice of the meeting to all parties not less than 5 days prior
4425	to the meeting and to the general public in accordance with s.
4426	403.5115(5). The expense for such notice is eligible for
4427	reimbursement under s. 403.518(2)(c)1.
4428	Section 73. Section 403.50665, Florida Statutes, is
4429	amended to read:
4430	403.50665 Land use consistency.--
4431	(1) The applicant shall include in the application a
4432	statement on the consistency of the site and or any ~~directly~~
4433	associated facilities that constitute a "development," as
4434	defined in s. 380.04, with existing land use plans and zoning
4435	ordinances that were in effect on the date the application was
4436	filed and a full description of such consistency. This
4437	information shall include an identification of those associated
4438	facilities that the applicant believes are exempt from the
4439	requirements of land use plans and zoning ordinances under the
4440	provisions of the Local Government Comprehensive Planning and
4441	Land Development Regulation Act provisions of chapter 163 and s.
4442	380.04(3).
4443	(2)(a) Within 45 days after the filing of the application,
4444	each local government shall file a determination with the
4445	department, the applicant, the administrative law judge, and all
4446	parties on the consistency of the site, and or any ~~directly~~
4447	associated facilities that are not exempt from the requirements
4448	of land use plans and zoning ordinances under chapter 163 and s.
4449	380.04(3), with existing land use plans and zoning ordinances
4450	that were in effect on the date the application was filed, based
4451	on the information provided in the application. However, this
4452	requirement does not apply to any new electrical generation unit
4453	proposed to be constructed and operated on the site of a
4454	previously certified electrical power plant or on the site of a
4455	power plant that was not previously certified that will be
4456	wholly contained within the boundaries of the existing site.
4457	(b) The local government may issue its determination up to
4458	55 35 days later if the application has been determined
4459	incomplete based in whole or in part upon a local government
4460	request for ~~has requested~~ additional information on land use and
4461	zoning consistency as part of the local government's statement
4462	on completeness of the application submitted pursuant to s.
4463	403.5066(1)(a). Incompleteness of information necessary for a
4464	local government to evaluate an application may be claimed by
4465	the local government as cause for a statement of inconsistency
4466	with existing land use plans and zoning ordinances.
4467	(c) Notice of the consistency determination shall be
4468	published in accordance with the requirements of s. 403.5115.
4469	(3)(a) If the local government issues a determination that
4470	the proposed site and any nonexempt associated facilities are
4471	~~electrical power plant is~~ not consistent or in compliance with
4472	local land use plans and zoning ordinances, the applicant may
4473	apply to the local government for the necessary local approval
4474	to address the inconsistencies identified in the local
4475	government's determination.
4476	(b) If the applicant makes such an application to the
4477	local government, the time schedules under this act shall be
4478	tolled until the local government issues its revised
4479	determination on land use and zoning or the applicant otherwise
4480	withdraws its application to the local government.
4481	(c) If the applicant applies to the local government for
4482	necessary local land use or zoning approval, the local
4483	government shall commence a proceeding to consider the
4484	application for land use or zoning approval within 45 days after
4485	receipt of the complete request and shall issue a revised
4486	determination within 30 days following the conclusion of that
4487	local proceeding.~~, and~~ The time schedules and notice
4488	requirements under this act shall apply to such revised
4489	determination.
4490	(4) If any substantially affected person wishes to dispute
4491	the local government's determination, he or she shall file a
4492	petition with the designated administrative law judge ~~department~~
4493	within 21 days after the publication of notice of the local
4494	government's determination. If a hearing is requested, the
4495	provisions of s. 403.508(1) shall apply.
4496	(5) The dates in this section may be altered upon
4497	agreement between the applicant, the local government, and the
4498	department pursuant to s. 403.5095.
4499	(6) If it is determined by the local government that the
4500	proposed site or nonexempt ~~directly~~ associated facility does
4501	conform with existing land use plans and zoning ordinances in
4502	effect as of the date of the application and no petition has
4503	been filed, the responsible zoning or planning authority shall
4504	not thereafter change such land use plans or zoning ordinances
4505	so as to foreclose construction and operation of the proposed
4506	site or directly associated facilities unless certification is
4507	subsequently denied or withdrawn.
4508	(7) The issue of land use and zoning consistency for any
4509	proposed alternate intermediate electrical substation which is
4510	proposed as part of an alternate electrical transmission line
4511	corridor which is accepted by the applicant and the department
4512	under s. 403.5271(1)(b) shall be addressed in the supplementary
4513	report prepared by the local government on the proposed
4514	alternate corridor and shall be considered as an issue at any
4515	final certification hearing. If such a proposed alternate
4516	intermediate electrical substation is determined not to be
4517	consistent with local land use plans and zoning ordinances, then
4518	that alternate intermediate electrical substation shall not be
4519	certified.
4520	Section 74. Paragraph (a) of subsection (2) of section
4521	403.507, Florida Statutes, is amended to read:
4522	403.507 Preliminary statements of issues, re