Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 996 and CS for  SB 2666
                        Barcode 563366
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 5/AD/2R          .                    
       05/02/2007 03:23 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, between lines 9 and 10,
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16  insert:  
17         Section 27.  Section 570.956, Florida Statutes, is
18  created to read:
19         570.956  Farm-to-Fuel Advisory Council.--
20         (1)  The Farm-to-Fuel Advisory Council is created
21  within the department to provide advice and counsel to the
22  commissioner concerning the production of renewable energy in
23  this state. The advisory council shall consist of 15 members,
24  14 of whom shall be appointed by the commissioner and one of
25  whom shall be appointed by the Governor for 4-year terms or
26  until a successor is duly qualified and appointed. Members
27  shall include:
28         (a)  One citizen-at-large member who shall represent
29  the views of the public toward renewable energy.
30         (b)  Six members each of whom is a producer or grower
31  actively engaged in the agricultural area of one of the
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 following industries: 2 1. Sugarcane. 3 2. Citrus. 4 3. Field crops. 5 4. Dairy. 6 5. Livestock or poultry. 7 6. Forestry. 8 (c) One member who represents the petroleum industry 9 or who is actively engaged in the trade of petroleum products. 10 (d) One member who represents public utilities or the 11 electric power industry. 12 (e) Two members who represent colleges and 13 universities in this state and who are engaged in research 14 involving alternative fuels or renewable energy. 15 (f) One member who represents the environmental 16 community or an environmental organization. 17 (g) One member who represents the ethanol industry or 18 who has expertise in the production of ethanol. 19 (h) One member who represents the biodiesel industry 20 or who has expertise in the production of biodiesel. 21 (i) One member appointed by the Governor. 22 (2) The council is an advisory committee the operation 23 of which is governed by s. 570.0705. 24 Section 28. Section 570.957, Florida Statutes, is 25 created to read: 26 570.957 Farm-to-Fuel Grants Program.-- 27 (1) As used in this section, the term: 28 (a) "Bioenergy" means energy produced from organic 29 matter that is available on a renewable or recurring basis, 30 including crops and trees, agricultural food and feed crop 31 residues, wood and wood wastes and residues, aquatic plants, 2 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 grasses, animal wastes and residues, and other organic waste 2 materials. 3 (b) "Department" means the Department of Agriculture 4 and Consumer Services. 5 (c) "Person" means an individual, partnership, joint 6 venture, private or public corporation, association, firm, 7 public service company, or any other public or private entity. 8 (2) The Farm-to-Fuel Grants Program is established 9 within the department to provide matching grants for bioengery 10 projects. Such grants may be made for research, demonstration, 11 or commercialization projects relating to the production of 12 bioenergy or feedstocks used in bioenergy production. 13 (a) Matching grants for bioenergy demonstration, 14 commercialization, research, and development projects may be 15 made to any of the following: 16 1. Municipalities and county governments. 17 2. Established for-profit companies licensed to do 18 business in the state. 19 3. Universities and colleges in the state. 20 4. Utilities located and operating within the state. 21 5. Not-for-profit organizations. 22 6. Other qualified persons, as determined by the 23 Department of Agriculture and Consumer Services. 24 (b) The department may adopt rules to provide for 25 allocation of grant funds by project type, application 26 requirements, ranking of applications, and awarding of grants 27 under this program. 28 (c) Factors for consideration in awarding grants may 29 include, but are not limited to, the degree to which: 30 1. The project produces bioenergy from Florida-grown 31 crops or biomass. 3 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 2. The project demonstrates efficient use of energy 2 and material resources. 3 3. Matching funds and in-kind contributions from an 4 applicant are available. 5 4. The project has a reasonable assurance of enhancing 6 the value of agricultural products or will expand agribusiness 7 in the state. 8 5. Preliminary market and feasibility research has 9 been conducted by the applicant or others and shows there is a 10 reasonable assurance of a potential market. 11 6. The project stimulates in-state capital investment 12 and economic development in metropolitan and rural areas, 13 including the creation of jobs and the future development of a 14 commercial market for bioenergy. 15 7. The project incorporates an innovative new 16 technology or an innovative application of an existing 17 technology. 18 (d) In evaluating and awarding grants under this 19 section, the department shall consult with and solicit input 20 from the Department of Environmental Protection. 21 (e) In determining the technical feasibility of grant 22 applications, the department shall coordinate and actively 23 consult with persons having expertise in renewable energy 24 technologies. 25 (f) In determining the economic feasibility of 26 bioenergy grant applications, the department shall consult 27 with the Office of Tourism, Trade, and Economic Development. 28 Section 29. Section 570.958, Florida Statutes, is 29 created to read: 30 570.958 Biofuel Retail Sales Incentive Program.-- 31 (1) The purpose of this section is to encourage the 4 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 retail sale of biofuels in this state and replace petroleum 2 consumption in the state by the following percentages over the 3 specified periods: 4 (a) Three percent from January 1, 2008, through 5 December 31, 2008. 6 (b) Five percent from January 1, 2009, through 7 December 31, 2009. 8 (c) Seven percent from January 1, 2010, through 9 December 31, 2010. 10 (d) Ten percent from January 1, 2011, through December 11 31, 2011. 12 (2) As used in this section: 13 (a) "Biodiesel" means the mono-alkyl esters of 14 long-chain fatty acids derived from plant or animal matter for 15 use as a source of energy and meeting the specifications for 16 biodiesel and biodiesel blended with petroleum products as 17 adopted by the department. 18 (b) "Biofuel" means E85 fuel ethanol, E10 motor fuel, 19 biodiesel, and diesel blended fuel. 20 (c) "Diesel blended fuel" means a fuel mixture 21 containing 10 percent or more biodiesel or renewable diesel 22 fuel with the balance comprised of diesel fuel and meeting the 23 specifications for diesel blends as adopted by the department. 24 (d) "E85 fuel ethanol" means ethanol blended with 25 gasoline and formulated with a nominal percentage of 85 26 percent ethanol by volume and meeting the applicable fuel 27 quality specifications as adopted by the department. 28 (e) "E10 motor fuel" means a motor fuel blend 29 consisting of nominal percentages of 90 percent gasoline by 30 volume and 10 percent ethanol by volume and meeting the fuel 31 quality specifications for gasoline as adopted by the 5 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 department. 2 (f) "Ethanol or fuel ethanol" means an anhydrous 3 denatured alcohol produced by the conversion of carbohydrates 4 and meeting the specifications for fuel ethanol as adopted by 5 the department. 6 (g) "Fuel dispenser" means a pump, meter, or similar 7 device used to measure and deliver motor fuel or diesel fuel 8 on a retail basis. 9 (h) "Renewable diesel fuel" means a fuel that meets 10 the registration requirements for fuels and fuel additives 11 established by the Environmental Protection Agency in the 12 Clean Air Act; is not a mono-alkyl ester; is intended for use 13 in engines that are designed to run on conventional, petroleum 14 derived diesel fuel; is derived from nonpetroleum renewable 15 resources, including, but not limited to, vegetable oils, 16 animal wastes, including poultry fats and poultry wastes, and 17 other waste materials, or municipal solid waste and sludges 18 and oils derived from wastewater and the treatment of 19 wastewater; and meets the specifications for diesel fuel as 20 adopted by the department. 21 (i) "Retail dealer" means any person who is engaged in 22 the business of selling fuel at retail at posted retail 23 prices. 24 (j) "Retail motor fuel site" means a geographic 25 location in this state where a retail dealer sells or offers 26 for sale motor fuel, diesel fuel, or biofuel to the general 27 public. 28 (3)(a) Subject to specific appropriation, a retail 29 dealer who sells biofuel through fuel dispensers at retail 30 motor fuel sites is entitled to an incentive payment that 31 shall be computed as follows: 6 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 1. An incentive of 1 cent for each gallon of E10 motor 2 fuel sold through a fuel dispenser. 3 2. An incentive of 5 cents for each gallon of E85 fuel 4 ethanol sold through a fuel dispenser. 5 3. An incentive of 1 cent for each gallon of diesel 6 blended fuel sold through a fuel dispenser. 7 4. An incentive of 3 cents for each gallon of 8 biodiesel sold through a fuel dispenser. 9 (b) The incentive may be claimed for biofuel sold on 10 or after January 1, 2008. Beginning in 2009, each applicant 11 claiming an incentive under this section must first apply to 12 the department by February 1 of each year for an allocation of 13 the available incentive for the preceding calendar year. The 14 department shall develop an application form. The application 15 form shall, at a minimum, require a sworn affidavit from each 16 retail dealer certifying the following information: 17 1. The name and principal address of the retail 18 dealer. 19 2. The address of the retail dealer's retail motor 20 fuel sites from which it sold biofuels during the preceding 21 calendar year. 22 3. The total gallons of E10 ethanol sold through fuel 23 dispensers. 24 4. The total gallons of E85 ethanol sold through fuel 25 dispensers. 26 5. The total gallons of diesel blended fuel sold 27 through fuel dispensers. 28 6. The total gallons of biodiesel sold through fuel 29 dispensers. 30 7. Any other information deemed necessary by the 31 department to adequately ensure that the incentive allowed 7 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 under this section shall be made only to qualified Florida 2 retail dealers. 3 (c) The department shall determine the amount of the 4 incentive allowed under this section. 5 (4) If the amount of incentives applied for each year 6 exceeds the amount appropriated, the department shall pay to 7 each applicant a prorated amount based on each applicant's 8 gallonage of qualified biofuel sold and dispensed that is 9 eligible for the incentive under this section. 10 (5) The department may adopt rules pursuant to ss. 11 120.536(1) and 120.54 to implement and administer this 12 section, including rules prescribing forms, the documentation 13 needed to substantiate a claim for the incentive, and the 14 specific procedures and guidelines for claiming the incentive. 15 Section 30. Section 570.959, Florida Statutes, is 16 created to read: 17 570.959 Florida Biofuel Production Incentive 18 Program.-- 19 (1) The purpose of this section is to encourage the 20 development and expansion of facilities that produce biofuels 21 in this state from crops, agricultural waste and residues, and 22 other biomass produced in Florida by providing economic 23 incentives to do so. 24 (2) As used in this section, the term: 25 (a) "Biodiesel" means the mono-alkyl esters of 26 long-chain fatty acids derived from plant or animal matter for 27 use as a source of energy and meeting the specifications for 28 biodiesel and biodiesel blended with petroleum products as 29 adopted by the department. 30 (b) "Biofuel" means ethanol or biodiesel. 31 (c) "Ethanol" or "fuel ethanol" means an anhydrous 8 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 denatured alcohol produced by the conversion of carbohydrates 2 and meeting the specifications for fuel ethanol adopted by the 3 department. 4 (d) "Florida biofuel production" means production of 5 biofuel in the state from crops, agricultural waste and 6 residues, and other biomass produced in Florida. 7 (3) In order to be eligible for the incentive provided 8 in this section, a producer must have registered and have met 9 the requirements contained in chapter 206. 10 (4) An incentive, subject to appropriation, shall be 11 paid to a producer based on Florida biofuel production as 12 follows: 13 (a) The incentive shall be 5 cents for each gallon of 14 unblended Florida biofuel produced, exclusive of denaturant, 15 during a given calendar year and sold to an unrelated blender 16 of biofuel. 17 (b) The incentive may be earned for production on or 18 after January 1, 2008. Beginning in 2009, each producer 19 claiming an incentive under this section must first apply to 20 the department by February 1 of each year for an allocation of 21 available incentives. The department shall develop an 22 application form that shall, at a minimum, require a sworn 23 affidavit from each producer certifying the production that 24 forms the basis of the application and certifying that all 25 information contained in the application is true and correct. 26 (c) The department shall determine whether or not such 27 production is eligible for the incentive under this section. 28 (d) If the amount of incentives applied for each year 29 exceeds the amount appropriated, the department shall pay to 30 each applicant a prorated amount based on the percentage of 31 biofuel produced that is eligible for the incentive under this 9 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 section. 2 (5) The department may adopt rules pursuant to ss. 3 120.536(1) and 120.54 to implement and administer this 4 section, including rules prescribing forms, the documentation 5 needed to substantiate a claim for the incentive, and the 6 specific procedures and guidelines for claiming the incentive. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 1, line 12, after the semicolon, 12 13 insert: 14 creating s. 570.956, F.S.; establishing the 15 Farm-to-Fuel Advisory Council within the 16 Department of Agriculture and Consumer 17 Services; providing membership requirements; 18 providing for council duties; creating s. 19 570.957, F.S.; establishing the Farm-to-Fuel 20 Grants Program within the Department of 21 Agriculture and Consumer Services; providing 22 definitions; specifying the use of renewable 23 energy grants for projects relating to 24 bioenergy; providing eligibility requirements; 25 authorizing the department to adopt rules; 26 providing criteria for grant award 27 consideration; requiring the department to 28 consult with the Department of Environmental 29 Protection, the Office of Tourism, Trade, and 30 Economic Development, and certain experts when 31 evaluating applications; creating s. 570.958, 10 4:36 PM 05/01/07 s0996.21cu.00d
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 563366 1 F.S.; establishing the Biofuel Retail Sales 2 Incentive Program; establishing goals for 3 replacing petroleum consumption; providing 4 definitions; providing incentive payments to 5 qualified retail dealers for increases in the 6 amount of biofuels offered for sale; providing 7 requirements and procedures therefor; creating 8 s. 570.959, F.S.; establishing the Florida 9 Biofuel Production Incentive Program; providing 10 definitions; providing incentive payments to 11 producers of certain biofuels; providing 12 requirements and procedures therefor; 13 authorizing the Department of Agriculture and 14 Consumer Services to adopt rules; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 4:36 PM 05/01/07 s0996.21cu.00d