Senate Bill sb1316c4

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    Florida Senate - 2004      CS for CS for CS for CS for SB 1316

    By the Committees on Appropriations; Governmental Oversight
    and Productivity; Natural Resources; Communication and Public
    Utilities; and Senator Bennett



    309-2537-04

  1                      A bill to be entitled

  2         An act relating to alternative energy; creating

  3         the Florida Alternative Energy Technology

  4         Center, Inc.; providing for the organization,

  5         purpose, and duties of the center; providing an

  6         effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Florida Alternative Energy Technology

11  Center; findings; creation; membership; organization; purpose;

12  duties; powers.--

13         (1)  The Legislature finds that it is in the public

14  interest to promote, in this state, research on and use of

15  renewable energy resources, energy conservation, distributed

16  generation, advanced transmission methods, and pollution

17  control. Both Florida and the United States in general are

18  overly dependent upon fossil fuels. Renewable electric

19  resources and energy conservation have the potential to

20  decrease this dependency, minimize volatility of fuel cost,

21  and improve environmental conditions. Distributed generation

22  and enhancements to transmission of electricity have the

23  potential to make our supply of electricity more secure and

24  decrease the likelihood and severity of blackouts. Research in

25  this state on these subjects can make Florida a leader in new

26  and innovative technologies and encourage investment and

27  economic development within this state.

28         (2)  As used in this section, the term:

29         (a)  "Corporation" means the Florida Alternative Energy

30  Technology Center, Inc.

31  

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    Florida Senate - 2004      CS for CS for CS for CS for SB 1316
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 1         (b)  "Alternative energy technology" includes, but is

 2  not limited to:  hydrogen fuel; fuel cells; distributed

 3  generation; biodiesel and similar synthetic fuels;

 4  thermo-depolymerization; biomass; agricultural products and

 5  byproducts; municipal solid waste, including landfill

 6  injection and landfill mining; landfill gas; solar thermal and

 7  solar photovoltaic energy; ocean energy, including wave or

 8  thermal; energy conservation, including appliance efficiency

 9  standards; distributed generation; enhancements to

10  transmission of electricity, including advanced transmission

11  lines; and environmental standards.

12         (3)  There is created a not-for-profit corporation, to

13  be known as the Florida Alternative Energy Technology Center,

14  Inc., which must be registered, incorporated, organized, and

15  operated in compliance with chapter 617, Florida Statutes,

16  which has all the powers appertaining thereto, and which is

17  not to be a unit or entity of state government. The

18  Legislature determines, however, that public policy dictates

19  that the corporation operate in the most open and accessible

20  manner consistent with its public purpose. To this end, the

21  Legislature specifically declares that the corporation and its

22  boards and advisory committees or similar groups that it

23  creates are subject to the provisions of chapter 119, Florida

24  Statutes, relating to public records and those provisions of

25  chapter 286, Florida Statutes, relating to public meetings and

26  records.

27         (4)  The corporation is the principal alternative

28  energy technology organization for the state and is to provide

29  leadership for research and development on the production of,

30  improvements in, or use of alternative energy technology in

31  Florida.

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    Florida Senate - 2004      CS for CS for CS for CS for SB 1316
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 1         (5)  In fulfilling this responsibility, the corporation

 2  shall:

 3         (a)  Establish a unified approach to research,

 4  development, and use of alternative energy technology, with

 5  the cooperation of the Governor, the Legislature, the state

 6  energy program, as authorized and governed by sections 377.701

 7  and 377.703, Florida Statutes, the Statewide Board of

 8  Governors of the State University System, the Public Service

 9  Commission, and relevant businesses in the private sector.

10         (b)  Assist the Florida universities and the private

11  sector in determining areas on which to focus research in

12  alternative energy technology and to assist in coordinating

13  research projects among the universities and relevant private

14  sector entities.

15         (c)  Promote the state as a location for businesses

16  having operations related to alternative energy technologies

17  in cooperation with Enterprise Florida, Inc., and the state

18  energy program, as authorized and governed by sections 377.701

19  and 377.703, Florida Statutes.

20         (d)  Assist universities, other state entities, and

21  private companies in raising funds from all available

22  resources including federal, state, local, and private for

23  research and development concerning alternative energy

24  technology and for projects that utilize alternative energy

25  technology in Florida.

26         (e)  Collect and maintain information relating to:

27  funding sources (public and private), research conducted or

28  needed, and alternative energy technology businesses

29  considering operations in Florida.

30         (f)  Make policy recommendations to the Legislature,

31  the Governor, and state agencies and subdivisions.

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 1         (6)  In addition, the corporation may conduct research

 2  on alternative energy technology when such research is not or

 3  cannot be done by a state university. It may conduct this

 4  research utilizing only corporate personnel and facilities or

 5  in cooperation with one or more universities, one or more

 6  private companies, or both.

 7         (7)  In performing these functions, the corporation

 8  shall take all possible steps to ensure the maximum benefit to

 9  the state and shall act in the best interest of the state. As

10  part thereof, the corporation shall establish strategic

11  priorities, consistent with the findings of this section, to

12  guide funding allocations and ensure the best use of available

13  resources.

14         (8)  The corporation must establish one or more

15  corporate offices, at least one of which must be located in

16  Leon County.

17         (9)  The corporation shall be governed by a board of

18  directors consisting of the following members:

19         (a)  A representative from the state energy program, as

20  authorized and governed by sections 377.701 and 377.703,

21  Florida Statutes, selected by the Governor.

22         (b)  A representative from Enterprise Florida, Inc.,

23  selected by its board of directors.

24         (c)  A representative from the Statewide Board of

25  Governors of the State University System, selected by the

26  members of that board.

27         (d)  A representative from the Florida investor-owned

28  electric utilities. The Governor shall select this member from

29  a list of four persons provided by these utilities.

30         (e)  A representative from the Florida municipal

31  electric utilities and rural electric cooperative utilities.

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 1  The Governor shall select this representative from a list of

 2  four persons provided by these utilities.

 3         (f)  A representative selected by the President of the

 4  Senate who is a board member or executive officer of a

 5  business that is located in Florida and that does not have any

 6  business interests relating to energy who can provide guidance

 7  as to locating and operating a business in this state.

 8         (g)  A representative selected by the Speaker of the

 9  House of Representatives who is a board member or executive

10  officer of a business that is located in Florida and that does

11  not have any business interests relating to energy who can

12  provide guidance as to locating and operating a business in

13  this state.

14         (h)  A representative selected by the Governor from an

15  environmental group who is informed about energy matters of

16  this state.

17         (10)  Board members shall serve a term of 2 years,

18  except that members selected under paragraphs (9)(d), (e),

19  (f), and (g) shall serve an initial term of 3 years. Vacancies

20  on the board must be filled in the same manner as the original

21  appointment. Vacancies shall be filled for the remainder of

22  the unexpired term, where applicable.

23         (11)  The board members must select a chairperson

24  biennially, upon appointment of all new members.

25         (12)  The board of directors must meet at least four

26  times each year, upon the call of the chairperson, or at the

27  request of a majority of the membership. A majority of the

28  total number of all directors constitutes a quorum. The board

29  of directors may take official action by a majority vote of

30  the members present at any meeting at which a quorum is

31  present.

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    Florida Senate - 2004      CS for CS for CS for CS for SB 1316
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 1         (13)  Members of the board of directors serve without

 2  compensation, but members, the president, and staff may be

 3  reimbursed for all reasonable, necessary, and actual expenses,

 4  as determined by the corporation's board of directors.

 5         (14)  Each member of the corporation's board of

 6  directors who is not otherwise required to file a financial

 7  disclosure pursuant to Section 8, Article II of the State

 8  Constitution or section 112.3144, Florida Statutes, must file

 9  a disclosure of financial interests pursuant to section

10  112.3145, Florida Statutes.

11         (15)  The corporation's board of directors must appoint

12  a corporate president, and establish and adjust the

13  president's compensation. The president is the chief

14  administrative and operational officer of the board of

15  directors and of the corporation, and directs and supervises

16  the administrative affairs of the board of directors and any

17  other boards of the corporation. The board of directors may

18  delegate to its president those powers and responsibilities it

19  deems appropriate, except for the appointment of a president.

20         (16)  Distributions shall be made to the corporation

21  from the Florida Electric Energy Trust Fund under a contract

22  between the Public Service Commission and the corporation,

23  including any funding that is directed by the Legislature to

24  be paid to a specific recipient.

25         (17)  The board of directors and its officers are

26  responsible for the prudent use of all public and private

27  funds and must ensure that the use of such funds is in

28  accordance with all applicable laws, bylaws, or contractual

29  requirements. No employee of the corporation may receive

30  compensation for employment which exceeds the salary paid to

31  the Governor, unless the board of directors and the employee

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    Florida Senate - 2004      CS for CS for CS for CS for SB 1316
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 1  have executed a contract that prescribes specific, measurable

 2  performance outcomes for the employee, the satisfaction of

 3  which provides the basis for the award of incentive payments

 4  that increase the employee's total compensation to a level

 5  above the salary paid to the Governor.

 6         (18)  Under no circumstances may the credit of the

 7  State of Florida be pledged on behalf of the corporation.

 8         (19)  If the corporation is dissolved or ceases to

 9  exist, all moneys, records, data, and property held by the

10  corporation revert to the state. All records and data in a

11  computerized database must be returned in a form that is

12  compatible with the computerized database of the Public

13  Service Commission.

14         (20)  In addition to any indemnification available

15  under chapter 617, Florida Statutes, the corporation may

16  indemnify, and purchase and maintain insurance on behalf of

17  its directors, officers, and employees and its boards against

18  any personal liability or accountability by reason of actions

19  taken while acting within the scope of their authority.

20         (21)  By December 1 each year, the corporation must

21  submit an annual report to the Governor, the President of the

22  Senate, the Speaker of the House of Representatives, and the

23  chairman of the Statewide Board of Governors containing:

24         (a)  A detailed description of the corporation's

25  activities and accomplishments.

26         (b)  An annual financial accounting of resources and

27  expenditures conducted by an independent certified public

28  accountant.

29         (c)  A statement of its strategic priorities and their

30  use in guiding resource allocations.

31  

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 1         (d)  Any recommendations the corporation has for action

 2  by the Legislature or by the agencies of state, county, or

 3  municipal governments to foster development or use of

 4  alternative energy technology.

 5         Section 2.  This act shall take effect upon becoming a

 6  law.

 7  

 8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 9                         CS/CS/CS/SB 1316

10                                 

11  The committee substitute removes an appropriation of $500,000
    and deletes language providing for the transfer of the State
12  Energy Program from the Department of Community Affairs to the
    Department of Environmental Protection.
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