HB 1383

1	A bill to be entitled
2	An act relating to energy efficiency; amending s. 366.041,
3	F.S.; revising the provisions for public utility rate
4	fixing relating to energy conservation and use of
5	alternative energy; amending s. 366.05, F.S.; requiring
6	public utilities to maintain separate accounts relating to
7	energy conservation, energy efficiency, energy audit, and
8	alternative energy programs; requiring the commission to
9	consider certain information in cost determinations;
10	amending s. 366.81, F.S.; directing the Public Service
11	Commission to use the Total Resource Cost test to
12	determine the effectiveness of certain energy efficiency
13	and load management plans; amending s. 366.82, F.S.;
14	providing definitions; requiring public utilities to file
15	an integrated resource plan with the commission; requiring
16	the commission to hold public hearings to determine the
17	adequacy of such plans; providing criteria for certain
18	plan determinations by the commission; requiring the
19	commission to adopt goals for integrated resource plans;
20	revising the provisions for the adoption, administration,
21	and implementation of certain plans; requiring the
22	commission to approve and adopt integrated resource plans
23	by a certain date; revising the date for submission of an
24	annual report by the commission to the Legislature and the
25	Governor; amending s. 553.954, F.S.; authorizing the
26	Department of Community Affairs to coordinate with the
27	Florida Building Commission for the inspection of products
28	covered in both the Florida Energy Conservation Standards
29	Act and the Florida Building Code; amending s. 553.955,
30	F.S.; providing definitions; amending s. 553.957, F.S.;
31	revising the list of products covered by the Florida
32	Energy Conservation Standards Act; amending s. 553.961,
33	F.S.; authorizing the department to test certain products
34	for energy efficiency; requiring the department to charge
35	manufacturers for costs related to the testing of products
36	under certain circumstances; requiring the department to
37	provide information to the public on certain products;
38	requiring the department to coordinate with other state
39	and federal agencies for certain product certification;
40	amending s. 553.963, F.S.; providing energy conservation
41	standards for certain products; requiring the department
42	to apply for federal waivers under certain circumstances;
43	authorizing the department to adopt rules; prohibiting the
44	sale of certain products as of specified dates; requiring
45	that certain products meet or exceed certain efficiency
46	standards; requiring the Department of Revenue to
47	establish and implement a program to refund the sales tax
48	on specified items; providing for termination of the
49	program; requiring the Department of Management Services
50	to adopt minimum energy efficiency standards for general
51	purpose lights; specifying a schedule for reduction in
52	certain energy consumption; requiring the department to
53	make recommendations to the Governor and the Legislature;
54	providing an exception for specified lighting; providing a
55	definition; amending s. 553.975, F.S.; conforming a cross-
56	reference; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Subsection (1) of section 366.041, Florida
61	Statutes, is amended to read:
62	366.041  Rate fixing; adequacy of facilities as
63	criterion.--
64	(1)  In fixing the just, reasonable, and compensatory
65	rates, charges, fares, tolls, or rentals to be observed and
66	charged for service within the state by any and all public
67	utilities under its jurisdiction, the commission is authorized
68	to give consideration, among other things, to the efficiency,
69	sufficiency, and adequacy of the facilities provided and the
70	services rendered; the cost of providing such service and the
71	value of such service to the public; the ability of the utility
72	to improve such service and facilities; and energy conservation
73	and the efficient use of alternative energy resources; provided
74	that no public utility shall be denied a reasonable rate of
75	return upon its rate base in any order entered pursuant to such
76	proceedings. Actual and projected lost revenue from lower energy
77	consumption as a result of any energy conservation measure or
78	program or use of alternative energy resources shall not be
79	considered a cost that denies a reasonable rate of return. In
80	its consideration thereof, the commission shall have authority,
81	and it shall be the commission's duty, to hear service
82	complaints, if any, that may be presented by subscribers and the
83	public during any proceedings involving such rates, charges,
84	fares, tolls, or rentals; however, no service complaints shall
85	be taken up or considered by the commission at any proceedings
86	involving rates, charges, fares, tolls, or rentals unless the
87	utility has been given at least 30 days' written notice thereof,
88	and any proceeding may be extended, prior to final
89	determination, for such period; further, no order hereunder
90	shall be made effective until a reasonable time has been given
91	the utility involved to correct the cause of service complaints,
92	considering the factor of growth in the community and
93	availability of necessary equipment.
94	Section 2.  Subsection (2) of section 366.05, Florida
95	Statutes, is amended to read:
96	366.05  Powers.--
97	(2)  Every public utility, as defined in s. 366.02, which
98	in addition to the production, transmission, delivery, or
99	furnishing of heat, light, or power also sells appliances or
100	other merchandise as part of any energy conservation, energy
101	efficiency, energy audit, or alternative energy program shall
102	keep separate and individual accounts for the sale and profit
103	deriving from such sales and such sales shall be considered by
104	the commission when determining the cost of such programs. No
105	profit or loss shall be taken into consideration by the
106	commission from the sale of such items in arriving at any rate
107	to be charged for service by any public utility.
108	Section 3.  Section 366.81, Florida Statutes, is amended to
109	read:
110	366.81  Legislative findings and intent.--The Legislature
111	finds and declares that it is critical to utilize the most
112	efficient and cost-effective energy conservation systems in
113	order to protect the health, prosperity, and general welfare of
114	the state and its citizens. Reduction in, and control of, the
115	growth rates of electric consumption and of weather-sensitive
116	peak demand are of particular importance. The Legislature
117	further finds that the Florida Public Service Commission is the
118	appropriate agency to adopt goals and approve plans related to
119	the conservation of electric energy and natural gas usage. The
120	Legislature directs the commission to develop and adopt overall
121	goals and authorizes the commission to require each utility to
122	develop plans and implement programs for increasing energy
123	efficiency and conservation within its service area, subject to
124	the approval of the commission. The Legislature further directs
125	the commission to use the Total Resource Cost test as defined in
126	s. 366.82(1)(f) to determine the cost-effectiveness of proposed
127	energy efficiency and load management plans prior to the
128	approval of such plans. Since solutions to our energy problems
129	are complex, the Legislature intends that the use of solar
130	energy, renewable energy sources, highly efficient systems,
131	cogeneration, and load-control systems be encouraged.
132	Accordingly, in exercising its jurisdiction, the commission
133	shall not approve any rate or rate structure which discriminates
134	against any class of customers on account of the use of such
135	facilities, systems, or devices. This expression of legislative
136	intent shall not be construed to preclude experimental rates,
137	rate structures, or programs. The Legislature further finds and
138	declares that ss. 366.80-366.85 and 403.519 are to be liberally
139	construed in order to meet the complex problems of reducing and
140	controlling the growth rates of electric consumption and
141	reducing the growth rates of weather-sensitive peak demand;
142	increasing the overall efficiency and cost-effectiveness of
143	electricity and natural gas production and use; encouraging
144	further development of cogeneration facilities; and conserving
145	expensive resources, particularly petroleum fuels.
146	Section 4.  Section 366.82, Florida Statutes, is amended to
147	read:
148	366.82  Definition; goals; plans; programs; annual reports;
149	energy audits.--
150	(1)  For the purposes of ss. 366.80-366.85 and 403.519, the
151	term:
152	(a)  "Capacity resource" means an electric plant, a long-
153	term power purchase agreement, or a demand-side capacity option.
154	(b)  "Demand-side capacity option" or "demand-side
155	management option" means a program proposed by a utility or the
156	commission for the reduction of future electricity requirements
157	the utility's retail customers would otherwise impose,
158	including, but not limited to, conservation, load management,
159	cogeneration, and renewable energy technologies.
160	(c)  "Long-term power purchase agreement" means a purchase
161	of electric capacity and energy for a period exceeding 5 years,
162	the principal purpose of which is to supply the requirements of
163	the state's retail customers of a utility.
164	(d)  "Plan" means an integrated resource plan that contains
165	the utility's electric demand and energy forecast for at least a
166	10-year period, contains the utility's program for meeting the
167	requirements shown in its forecast in an economical and reliable
168	manner, contains the utility's analysis of all capacity resource
169	options, including both demand-side and supply-side management
170	options, and sets forth the utility's assumptions and
171	conclusions with respect to the effect of each capacity resource
172	option on the future cost and reliability of electric service.
173	The plan shall also:
174	1.  Contain the size and type of facilities that are
175	expected to be owned or operated in whole or in part by such
176	utility and the construction of which is expected to commence
177	during the ensuing 10 years or such longer period as the
178	commission deems necessary and shall identify all existing
179	facilities intended to be removed from service during such
180	period or upon completion of such construction.
181	2.  Contain practical alternatives to the fuel type and
182	method of generation of the proposed electric generating
183	facilities and set forth in detail the reasons for selecting the
184	fuel type and method of generation.
185	3.  Contain a statement of the estimated impact of proposed
186	and alternative generating plants on the environment and the
187	means by which potential adverse impacts will be avoided or
188	minimized.
189	4.  Indicate in detail the projected demand for electric
190	energy for a 20-year period and the basis for determining the
191	projected demand.
192	5.  Describe the utility's relationship to other utilities
193	in regional associations, power pools, and networks.
194	6.  Identify and describe all major research projects and
195	programs that will continue or commence in the succeeding 3
196	years and set forth the reasons for selecting specific areas of
197	research.
198	7.  Identify and describe existing and planned programs and
199	policies to discourage inefficient and excessive power use.
200	8.  Provide any other information as may be required by the
201	commission.
202	(e)  "Supply-side capacity option" means an electric plant,
203	a long-term power purchase, or any other source of additional
204	energy.
205	(f)  "Total Resource Cost test" means a standard that is
206	met if, for an investment in energy efficiency or demand-
207	response measures, the benefit-cost ratio is greater than one.
208	The benefit-cost ratio is the ratio of the net present value of
209	the total benefits of the program to the net present value of
210	the total costs as calculated over the lifetime of the measures.
211	A Total Resource Cost test compares the sum of avoided electric
212	utility costs, representing the benefits that accrue to the
213	system and the participant in the delivery of those efficiency
214	measures, to the sum of all incremental costs of end-use
215	measures that are implemented due to the program, including both
216	utility and participant contributions, plus costs to administer,
217	deliver, and evaluate each demand-side program, to quantify the
218	net savings obtained by substituting the demand-side program for
219	supply resources. In calculating avoided costs of power and
220	energy that an electric utility would otherwise have had to
221	acquire, reasonable estimates of financial costs likely to be
222	imposed by future regulations and legislation on emissions of
223	greenhouse gases shall be included.
224	(g)  "Utility" means any person or entity of whatever form
225	which provides electricity or natural gas at retail to the
226	public, specifically including municipalities or
227	instrumentalities thereof and cooperatives organized under the
228	Rural Electric Cooperative Law and specifically excluding any
229	municipality or instrumentality thereof, any cooperative
230	organized under the Rural Electric Cooperative Law, or any other
231	person or entity providing natural gas at retail to the public
232	whose annual sales volume is less than 100 million therms or any
233	municipality or instrumentality thereof and any cooperative
234	organized under the Rural Electric Cooperative Law providing
235	electricity at retail to the public whose annual sales as of
236	July 1, 1993, to end-use customers is less than 2,000 gigawatt
237	hours.
238	(2)  On or before January 31, 2009, and at least every 3
239	years thereafter as may be determined by the commission, each
240	utility shall file with the commission an integrated resource
241	plan as described in this chapter.
242	(3)  Not more than 60 days after a utility has filed its
243	plan, the commission shall convene a public hearing on the
244	adequacy of the plan. At the hearing, any interested person may
245	make comments to the commission regarding the contents and
246	adequacy of the plan. After the hearing, the commission shall
247	determine whether:
248	(a)  The utility's forecast requirements are based on
249	substantially accurate data and an adequate method of
250	forecasting.
251	(b)  The plan identifies and takes into account any present
252	and projected reductions in the demand for energy that may
253	result from measures to improve energy efficiency in the
254	industrial, commercial, residential, and energy-producing
255	sectors of the state.
256	(c)  The plan adequately demonstrates the economic,
257	environmental, and other benefits to the state and to customers
258	of the utility associated with improvements in energy
259	efficiency, pooling of power and purchases of power from
260	neighboring states, facilities that operate on alternative
261	sources of energy, facilities that operate on the principle of
262	cogeneration or hydrogeneration, and other generation facilities
263	and demand-side options.
264	(4)  Demand-side management options included in an
265	integrated resource plan shall use a Total Resource Cost test to
266	determine cost-effectiveness. The commission shall not approve
267	any integrated resource plan that uses a Rate Impact Measure
268	test.
269	(5)(2)  The commission shall adopt appropriate goals for
270	integrated resource plans for increasing the efficiency of
271	energy consumption and increasing the development of
272	cogeneration, specifically including goals designed to increase
273	the conservation of expensive resources, such as petroleum
274	fuels, to reduce and control the growth rates of electric
275	consumption, and to reduce the growth rates of weather-sensitive
276	peak demand. The Executive Office of the Governor shall be a
277	party in the proceedings to adopt goals. The commission may
278	change the goals for reasonable cause. The time period to review
279	the goals, however, shall not exceed 5 years. After the programs
280	and plans to meet those goals are completed, the commission
281	shall determine what further goals, programs, or plans are
282	warranted and, if so, shall adopt them.
283	(6)(3)  Following adoption of goals pursuant to subsection
284	(2), the commission shall require each utility to develop plans
285	and programs to meet the overall goals within its service area.
286	If any plan or program includes loans, collection of loans, or
287	similar banking functions by a utility and the plan is approved
288	by the commission, the utility shall perform such functions,
289	notwithstanding any other provision of the law. The commission
290	may pledge up to $5 million of the Florida Public Service
291	Regulatory Trust Fund to guarantee such loans. However, no
292	utility shall be required to loan its funds for the purpose of
293	purchasing or otherwise acquiring conservation measures or
294	devices, but nothing herein shall prohibit or impair the
295	administration or implementation of a utility plan as submitted
296	by a utility and approved by the commission under this
297	subsection.
298	(7)  The commission shall approve and adopt an integrated
299	resource plan no later than 120 days after the date an
300	integrated resource plan is filed. If the commission disapproves
301	a plan, it shall specify the reasons for disapproval, and the
302	utility whose plan is disapproved shall resubmit its modified
303	plan within 30 days. Prior approval by the commission shall be
304	required to modify or discontinue a plan, or part thereof, which
305	has been approved. If any utility has not implemented its
306	programs and is not substantially in compliance with the
307	provisions of its approved plan at any time, the commission
308	shall adopt programs required for that utility to achieve the
309	overall goals. Utility programs may include variations in rate
310	design, load control, cogeneration, residential energy
311	conservation subsidy, or any other measure within the
312	jurisdiction of the commission which the commission finds likely
313	to be effective; this provision shall not be construed to
314	preclude these measures in any plan or program.
315	(8)(4)  The commission shall require periodic reports from
316	each utility and shall provide the Legislature and the Governor
317	with an annual report by March 1 beginning in 2009 and each year
318	thereafter of the goals it has adopted and its progress toward
319	meeting those goals. The commission shall also consider the
320	performance of each utility pursuant to ss. 366.80-366.85 and
321	403.519 when establishing rates for those utilities over which
322	the commission has ratesetting authority.
323	(9)(5)  The commission shall require each utility to offer,
324	or to contract to offer, energy audits to its residential
325	customers. This requirement need not be uniform, but may be
326	based on such factors as level of usage, geographic location, or
327	any other reasonable criterion, so long as all eligible
328	customers are notified. The commission may extend this
329	requirement to some or all commercial customers. The commission
330	shall set the charge for audits by rule, not to exceed the
331	actual cost, and may describe by rule the general form and
332	content of an audit. In the event one utility contracts with
333	another utility to perform audits for it, the utility for which
334	the audits are performed shall pay the contracting utility the
335	reasonable cost of performing the audits. Each utility over
336	which the commission has ratesetting authority shall estimate
337	its costs and revenues for audits, conservation programs, and
338	implementation of its plan for the immediately following 6-month
339	period. Other reasonable and prudent unreimbursed costs
340	projected to be incurred, or any portion of such costs, may be
341	added to the rates which would otherwise be charged by a utility
342	upon approval by the commission, provided that the commission
343	shall not allow the recovery of the cost of any company image-
344	enhancing advertising or of any advertising not directly related
345	to an approved conservation program. Following each 6-month
346	period, each utility shall report the actual results for that
347	period to the commission, and the difference, if any, between
348	actual and projected results shall be taken into account in
349	succeeding periods. The state plan as submitted for
350	consideration under the National Energy Conservation Policy Act
351	shall not be in conflict with any state law or regulation.
352	(10)(6)(a)  Notwithstanding the provisions of s. 377.703,
353	the commission shall be the responsible state agency for
354	performing, coordinating, implementing, or administering the
355	functions of the state plan submitted for consideration under
356	the National Energy Conservation Policy Act and any acts
357	amendatory thereof or supplemental thereto and for performing,
358	coordinating, implementing, or administering the functions of
359	any future federal program delegated to the state which relates
360	to consumption, utilization, or conservation of electricity or
361	natural gas; and the commission shall have exclusive
362	responsibility for preparing all reports, information, analyses,
363	recommendations, and materials related to consumption,
364	utilization, or conservation of electrical energy which are
365	required or authorized by s. 377.703.
366	(b)  The Executive Office of the Governor shall be a party
367	in the proceedings to adopt goals and shall file with the
368	commission comments on the proposed goals including, but not
369	limited to:
370	1.  An evaluation of utility load forecasts, including an
371	assessment of alternative supply and demand side resource
372	options.
373	2.  An analysis of various policy options which can be
374	implemented to achieve a least-cost strategy.
375	(11)(7)  The commission shall establish all minimum
376	requirements for energy auditors used by each utility. The
377	commission is authorized to contract with any public agency or
378	other person to provide any training, testing, evaluation, or
379	other step necessary to fulfill the provisions of this
380	subsection.
381	Section 5.  Section 553.954, Florida Statutes, is amended
382	to read:
383	553.954  Adoption of standards.--The Department of
384	Community Affairs shall adopt, modify, revise, update, and
385	maintain the Florida Energy Conservation Standards to implement
386	the provisions of this part and amendments thereto in accordance
387	with the procedures of chapter 120. The department may also work
388	with the Florida Building Commission to coordinate inspections
389	for new products that are covered by the Florida Building Code.
390	Section 6.  Section 553.955, Florida Statutes, is amended
391	to read:
392	553.955  Definitions.--For purposes of this part:
393	(1)  "AV" means the adjusted volume for refrigerators,
394	refrigerator-freezers, and freezers, as defined in the
395	applicable test procedure.
396	(2)  "Ballast" or "fluorescent lamp ballast" means a device
397	to operate a fluorescent lamp by providing a starting voltage
398	and current and limiting the current during normal operation. It
399	must also be designed to:
400	(a)  Operate at nominal input voltages of 120 or 227 volts.
401	(b)  Operate with an input frequency of 60 hertz.
402	(3)  "Ballast efficiency factor" means the ratio of
403	relative light output, expressed as a percent, to the power
404	input, expressed in watts under test conditions.
405	(4)  "Boiler" means a commercial or residential space
406	heater that is a self-contained appliance for supplying steam or
407	hot water primarily intended for space heating. The definition
408	does not include hot water supply boilers.
409	(5)  "Bottle-type water dispenser" means a water dispenser
410	that uses a bottle or reservoir as the source of potable water.
411	(6)(4)  "Code" means the Florida Energy Efficiency Code for
412	Building Construction.
413	(7)  "Commercial hot food holding cabinet" means a heated,
414	fully enclosed compartment, with one or more solid or partial
415	glass doors, that is designed to maintain the temperature of hot
416	food that has been cooked in a separate appliance. The
417	definition does not include heated glass merchandising cabinets,
418	drawer warmers, or cook-and-hold appliances.
419	(8)  "Cook-and-hold appliance" means a multiple-mode
420	appliance intended for cooking food that may also be used to
421	hold the temperature of the cooked food in the same appliance.
422	(9)(5)  "Date of sale" means the day when the product is
423	physically delivered to the buyer.
424	(10)(6)  "Department" means the Department of Community
425	Affairs.
426	(11)(7)  "Distributor" means any person or business entity
427	which distributes a privately labeled product on a national
428	basis for which the specifications for manufacture, testing, and
429	certification are established and attested to by the
430	distributor, rather than the manufacturer.
431	(12)  "Drawer warmer" means an appliance that consists of
432	one or more heated drawers designed to hold food that has been
433	cooked in a separate appliance at a specified temperature.
434	(13)(8)  "Energy conservation standard" means:
435	(a)  A performance standard which prescribes a minimum
436	level of energy efficiency or a maximum quantity of energy use
437	for a covered product, determined in accordance with applicable
438	test procedures;
439	(b)  A design requirement for the products specified in s.
440	553.957; or
441	(c)  A testing and rating requirement for the products
442	specified in s. 553.957; and
443
444	includes any other requirements which the department may
445	prescribe.
446	(14)(9)  "F40T12 lamp" means a tubular fluorescent lamp
447	which is a nominal 40 watts, with a 48-inch tube, 1.5 inches in
448	diameter. These lamps conform to American National Standards
449	Institute standard C.78.1-1978.
450	(15)(10)  "F96T12 lamp" means a tubular fluorescent lamp
451	which is a nominal 75 watts, with a 96-inch tube, 1.5 inches in
452	diameter. These lamps conform to American National Standards
453	Institute standard C.78.3-1978.
454	(16)  "Heated glass merchandising cabinet" means an
455	appliance with a heated cabinet constructed of glass or clear
456	plastic doors with 70 percent or more clear area that is
457	designed to display and maintain the temperature of hot food
458	that has been cooked in a separate appliance.
459	(17)  "Liquid-immersed distribution transformer"  means a
460	distribution transformer that uses oil as a coolant to reduce
461	electricity voltage from the high levels at which power is
462	shipped over utility transmissions and distribution lines to
463	lower levels required to power equipment and machinery.
464	(18)(11)  "Luminaire" means a complete lighting unit
465	consisting of a fluorescent lamp or lamps, together with parts
466	designed to distribute the light, to position and protect such
467	lamps, and to connect such lamps to the power supply.
468	(19)(12)  "Manufacturer" means any person or business
469	entity engaged in the original production or assembly of a
470	product.
471	(20)  "Medium voltage dry-type distribution transformer"
472	means a transformer that has an input voltage of more than 600
473	volts but less than or equal to 34,500 volts, is air-cooled,
474	does not use oil as a coolant, and is rated for operation at a
475	frequency of 60 hertz.
476	(21)(13)  "New product" means a product that is sold,
477	offered for sale, or installed for the first time and
478	specifically includes floor models and demonstration units.
479	(22)(14)  "Nominal input voltage" means an input voltage
480	within plus 5 percent or minus 5 percent of a specified value.
481	(23)(15)  "Nominal lamp watts" means the wattage at which a
482	fluorescent lamp is designed to operate.
483	(24)(16)  "Occupancy" means an occupied building or part of
484	a building.
485	(25)(17)  "Operation" means the ability to start the lamp
486	at least 8 times out of 10 with a minimum of 1 minute between
487	attempts when tested under test conditions.
488	(26)  "Point of use water dispenser" means a water
489	dispenser that uses a pressurized water utility connection as
490	the source of potable water.
491	(27)(18)  "Power input" means the rate of energy
492	consumption in watts of a ballast and fluorescent lamp or lamps.
493	(28)  "Refrigerated bottled or canned beverage vending
494	machine" means a commercial refrigerator that cools bottled or
495	canned beverages and dispenses such beverages upon payment.
496	(29)(19)  "Relative light output" means the test ballast
497	light output divided by a reference ballast light output using
498	the same reference lamp and expressing the value as a percent.
499	(30)  "Service factor" means a multiplier that, when
500	applied to the rated horsepower of an electric motor driven by
501	an alternating current, indicates a permissible horsepower
502	loading that can be carried under the conditions specified for
503	the service factor.
504	(31)  "Thermal efficiency" of a space heater means a
505	measure of the percentage of heat from the combustion of gas or
506	oil that is transferred to the space being heated or in the case
507	of a boiler, to the hot water or steam.
508	(32)  "Total horsepower" means a value equal to the product
509	of the motor's service factor and the motor's nameplate-rated
510	horsepower in an electric motor that is driven by an alternating
511	current.
512	(33)  "Transformer" means a device consisting of two or
513	more coils of insulated wire that is designed to transfer
514	alternating current by electromagnetic induction from one coil
515	to another to change the original voltage or current value. This
516	term does not include devices with multiple voltage taps, with
517	the highest voltage tap equaling at least 20 percent more than
518	the lowest voltage tap, or devices, such as those commonly known
519	as drive transformers, rectifier transformers, auto-
520	transformers, uninterruptible power system transformers,
521	impedance transformers, regulating transformers, sealed and
522	nonventilating transformers, machine tool transformers, welding
523	transformers, grounding transformers, or testing transformers,
524	that are designed to be used in a special-purpose application
525	and are unlikely to be used in general-purpose applications.
526	(34)  "Water dispenser" means a factory-made assembly that
527	mechanically cools and heats potable water and that dispenses
528	the cooled or heated water by integral or remote means.
529	(35)  With respect to audio and video equipment:
530	(a)  "Active mode" means the condition in which the input
531	of a power supply or audio and video equipment is connected to
532	the line voltage alternating current and the output is connected
533	to a direct current or an alternating current load, fulfilling
534	one or more of its main functions and drawing a fraction of the
535	power supply's nameplate power output greater than zero.
536	(b)  "Audio standby-passive mode" means the appliance is
537	connected to a power source and produces neither sound nor
538	performs any mechanical function but can be switched into
539	another mode with the remote control unit or an internal signal.
540	(c)  "Compact audio product," also known as a "mini,"
541	"mid," "micro," or "shelf audio system," means an integrated
542	audio system encased in a single housing that includes an
543	amplifier and radio tuner and attached or separable speakers and
544	can reproduce audio from magnetic tape, a CD, a DVD, or flash
545	memory. The definition does not include products that can be
546	independently powered by internal batteries or a powered
547	external satellite antenna or can provide a video output signal.
548	(d)  "Digital versatile disc" or "DVD" means a laser-
549	encoded plastic medium capable of storing a large amount of
550	digital audio, video, and computer data.
551	(e)  "Digital versatile disc player" or "DVD player" means
552	a commercially available electronic product encased in a single
553	housing that includes an integral power supply and for which the
554	sole purpose is the decoding of digitized video signals on a
555	DVD.
556	(f)  "Digital versatile disc recorder" or "DVD recorder"
557	means a commercially available electronic product encased in a
558	single housing that includes an integral power supply and for
559	which the sole purpose is the production or recording of
560	digitized audio and video signals on a DVD. The definition does
561	not include models that have an EPG function.
562	(g)  "Digital video recorder" or "DVR" means a device that
563	can record video signals onto a hard disk drive or other device
564	capable of storing the images digitally. The definition does not
565	include models that have an EPG function.
566	(h)  "Electronic programming guide" or "EPG" means an
567	application that provides an interactive, onscreen menu of TV
568	listings and that downloads program information from the
569	vertical blanking interval of a regular TV signal.
570	(i)  "Point of deployment" or "POD" means a card that
571	enables a TV to have secure conditional access to a cable or
572	satellite system.
573	(j)  "Television" or "TV" means a commercially available
574	electronic product consisting of a tuner or receiver and a
575	monitor encased in a single housing that is designed to receive
576	and display an analog or digital video television signal
577	broadcast by an antenna, satellite, cable, or broadband source.
578	The definition does not include multifunction TVs that have VCR,
579	DVD, DVR, or EPG functions or a POD card slot.
580	(k)  "TV standby-passive mode" means the condition in which
581	a power supply or audio and video equipment is connected to a
582	power source, does not produce sound or vision, and can be
583	switched to active mode with the remote control unit or an
584	internal signal.
585	(l)  "Video cassette recorder" or "VCR" means a
586	commercially available analog recording device that includes an
587	integral power supply and that records television signals onto a
588	tape medium for subsequent viewing.
589	(m)  "Video standby-passive mode" means the appliance is
590	connected to a power source, does not perform any mechanical
591	function or produce video or audio output signals, and can be
592	switched into another mode with the remote control unit or an
593	internal signal.
594	(36)  With respect to pool and spa equipment:
595	(a)  "Coefficient of performance" or "COP" means the ratio
596	of heat output to the total power input in consistent units.
597	(b)  "Heat pump pool heater" means an air-to-water heat
598	pump pool heater, employing a compressor, water-cooled
599	condenser, and outdoor air coil in a single package assembly.
600	(c)  "Low-temperature rating," "spa temperature rating,"
601	and "standard temperature rating" mean the conditions described,
602	respectively, in the following table:
603
	Reading Standard Temperature Rating Low-Temperature Rating Spa Temperature Rating
604
	Air TemperatureDry-bulbWet-bulb 27° C (80.6° F)21.7° C (71° F) 10° C  (50° F)6.9° C (44.4° F) 27.0° C (80.6° F)21.7° C (71.0° F)
605
	Relative Humidity 63% 63% 63%
606
	Pool Water Temperature 26.7° C  80° F 26.7° C  80° F 40° C  104° F
607
608	(d)  "Pool heater" means an appliance designed for heating
609	nonpotable water contained at atmospheric pressure for swimming
610	pools, spas, hot tubs, and similar products.
611	(e)  "Portable electric spa" means a factory-built electric
612	spa or hot tub supplied with equipment for heating and
613	circulating water.
614	(f)  "Readily accessible on-off switch" of a pool heater
615	means an on-off switch located in a place that can be easily
616	used without the need for tools to remove any covering when the
617	pool heater is on display in a store or when it is installed.
618	(g)  "Residential pool pump" means a pump used to circulate
619	and filter pool water in order to maintain clarity and
620	sanitation.
621	(h)  "Thermal efficiency" of a pool heater means a measure
622	of the percentage of heat from the input that is transferred to
623	the water.
624	(37)(20)  With respect to refrigerators, freezers, and
625	refrigerator-freezers:
626	(a)  "Automatic defrost system" means a defrost system in
627	which the defrosting action for all refrigerated surfaces is
628	initiated and terminated automatically.
629	(b)  "Freezer" means a cabinet designed as a unit for the
630	storage of food at temperatures of about 0 °F, having the
631	ability to freeze food, and having a source of refrigeration
632	requiring an energy input.
633	(c)  "Refrigerator" means a cabinet designed for the
634	refrigerated storage of food at temperatures above 32 °F, and
635	having a source of refrigeration requiring an energy input. It
636	may include a compartment for the freezing and storage of food
637	at temperatures below 32 °F, but does not provide a separate low
638	temperature compartment designed for the freezing of and the
639	long-term storage of food at temperatures below 8 °F. It has
640	only one exterior door, but it may have interior doors on
641	compartments.
642	(d)  "Refrigerator-freezer" means a cabinet which consists
643	of two or more compartments with at least one of the
644	compartments designed for the refrigerated storage of foods at
645	temperatures above 32 °F, and with at least one of the
646	compartments designed for the freezing of and the storage of
647	frozen foods at temperatures of 8 °F or below. The source of
648	refrigeration requires energy input.
649	(38)(21)  Definitions used in the code shall also apply to
650	terms used in this part.
651	Section 7.  Section 553.957, Florida Statutes, is amended
652	to read:
653	553.957  Products covered by this part.--
654	(1)  The provisions of this part apply to the testing,
655	certification, and enforcement of energy conservation standards
656	for the following types of new products sold in the state:
657	(a)  Bottle-type water dispensers.
658	(b)  Commercial boilers.
659	(c)  Commercial hot food holding cabinets.
660	(d)  Compact audio products.
661	(e)  Digital television adapters.
662	(f)  Digital versatile disc players and recorders.
663	(g)(b)  Lighting equipment.
664	(h)  Liquid-immersed distribution transformers.
665	(i)  Medium voltage dry-type distribution transformers.
666	(j)  Pool heaters.
667	(k)  Portable electric spas.
668	(l)(a)  Refrigerators, refrigerator-freezers, and freezers
669	which can be operated by alternating current electricity,
670	excluding:
671	1.  Any type designed to be used without doors; and
672	2.  Any type which does not include a compressor and
673	condenser unit as an integral part of the cabinet assembly.
674	(m)  Residential pool pumps.
675	(n)(c)  Showerheads.
676	(o)  Vending machines.
677	(p)(d)  Any other type of consumer product which the
678	department classifies as a covered product as specified in this
679	part.
680	(2)  The provisions of this part do not apply to:
681	(a)  New products manufactured in the this state and sold
682	outside the state.
683	(b)  New products manufactured outside the this state and
684	sold at wholesale in the this state for final retail sale and
685	installation outside the state.
686	(c)  Products installed in manufactured homes at the time
687	of construction.
688	(d)(c)  Products designed expressly for installation and
689	use in recreational vehicles or other equipment designed for
690	regular mobile use.
691	Section 8.  Section 553.961, Florida Statutes, is amended
692	to read:
693	553.961  Test methods.--
694	(1)  The manufacturer shall cause the testing of samples of
695	each model of each product covered by this part. Test procedures
696	identified in the code shall be the accepted test procedures for
697	those products addressed by the code. Test procedures for
698	products not addressed in the code shall be determined by the
699	department. The department shall use United States Department of
700	Energy approved test methods or, in the absence of such test
701	methods, other appropriate nationally recognized test methods
702	applicable to the respective products. The department may elect
703	to develop and prescribe other test methods based upon the
704	department's determination that use of such other test methods
705	is justified due to decreased cost, increased accuracy, or the
706	general use and acceptance of a specific test method by the
707	industry involved.
708	(2)  The department may test products covered by this part.
709	If products are found to not be in compliance with the minimum
710	efficiency standards established under this part, the department
711	shall charge the manufacturer of such product for the cost of
712	product purchase and testing and shall provide information to
713	the public on products found not to be in compliance with the
714	standards.
715	(3)  The department shall coordinate with the certification
716	programs of other states and federal agencies with similar
717	standards to the maximum extent practicable, including
718	investigating whether certification in another state can serve
719	as a substitute for certification in Florida.
720	Section 9.  Section 553.963, Florida Statutes, is amended
721	to read:
722	553.963  Energy conservation standards.--
723	(1)  STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS,
724	AND FREEZERS.--
725	(a)  The following is the maximum energy use allowed in
726	kilowatt hours per year for the following products, other than
727	those described in paragraph (b), manufactured on or after
728	January 1, 1993:
729
	Energy StandardsEquations
730
	Refrigerators and refrigerator-freezers with manual defrost 13.7 AV+267
731
	Refrigerator-freezers--partial automatic defrost 17.4 AV+344
732
	Refrigerator-freezers--automatic defrost with:
733
	Top-mounted freezer without ice 16.7 AV+336
734
	Side-mounted freezer without ice 22.4 AV+395
735
	Bottom-mounted freezer without ice 22.4 AV+395
736
	Top-mounted freezer with through-the-door ice 18.5 AV+374
737
	Side-mounted freezer with through-the-door ice 24.8 AV+438
738
	Upright freezers with:
739
	Manual defrost 8.38 AV+324
740
	Automatic defrost. 12.3 AV+477
741
	Chest freezers and all other freezers 6.3 AV+282
742
743	(b)  The standards described in paragraph (a) do not apply
744	to refrigerators and refrigerator-freezers with total
745	refrigerated volume exceeding 39 cubic feet or freezers with
746	total refrigerated volume exceeding 30 cubic feet.
747	(2)  STANDARDS FOR LIGHTING EQUIPMENT.--
748	(a)  Except as provided in paragraph (b), no fluorescent
749	lamp ballast or luminaire manufactured on or after January 1,
750	1989, shall either have a ballast efficiency factor, or contain
751	a ballast with a ballast efficiency factor, less than the
752	following applicable values:
753
	Ballasts Designed for the Operation of: Nominal Input Voltage Total Nominal Lamp Watts Ballast Efficiency Factor
754
	One F40T12 lamp 120277 4040 1.8051.805
755
	Two F40T12 lamps 120277 8080 1.0601.050
756
	Two F96T12 lamps 120277 150150 0.5700.570
757
758	(b)  The standards described in paragraph (a) do not apply
759	to the following types of fluorescent lamp ballasts:
760	1.  Those which have a dimming capability.
761	2.  Those intended for use in ambient temperatures of 0 °F
762	or less.
763	3.  Those with a power factor of less than 0.60.
764	(3)  STANDARDS FOR SHOWERHEADS.--
765	(a)  The initial minimum standards for showerheads
766	manufactured on or after January 1, 1988, shall require the
767	limiting of maximum water discharge to 3.00 gallons per minute
768	when tested according to ANSI A112.18.1M-1979.
769	(b)  Showerheads manufactured for use in safety spray
770	installations shall be exempt.
771	(4)  STANDARDS FOR BOTTLE-TYPE WATER DISPENSERS.--The
772	standby energy consumption of bottle-type water dispensers and
773	point of use water dispensers, dispensing both hot and cold
774	water, shall not exceed 1.2 kWh/day.
775	(5)  STANDARDS FOR COMMERCIAL BOILERS.--Commercial boilers
776	shall adopt a standard of no less than 80 percent thermal
777	efficiency for gas-fired boilers and 82 percent thermal
778	efficiency for oil-fired boilers.
779	(6)  STANDARDS FOR COMMERCIAL HOT FOOD HOLDING
780	CABINETS.--The idle energy rate of commercial hot food holding
781	cabinets shall be no greater than 40 watts per cubic foot of
782	measured interior volume.
783	(7)  STANDARDS FOR AUDIO AND VIDEO EQUIPMENT.--
784	(a)  The power usage of audio and video equipment shall not
785	be greater than the applicable values shown in the following
786	table. For equipment that consists of more than one individually
787	powered product, each with a separate main plug, the
788	individually powered products shall each have a power usage not
789	greater than the applicable values shown in the following table:
790
	Appliance Type Maximum Power Usage (Watts)
791
	Compact Audio Products 2 W in Audio standby-passive mode for those without a permanently illuminated clock display4 W in Audio standby-passive mode for those with a permanently illuminated clock display
792
	Televisions 3 W in TV standby-passive mode
793
	Digital Versatile Disc Players and Digital Versatile Disc 3 W in Video standby-passive mode
794
795	(b)  Digital television adapters shall use no more than 8 W
796	of power in active modes and 1 W in standby mode.
797	(c)  Liquid-immersed distribution transformer standards
798	shall not be greater than the applicable values shown in the
799	following table:
800
	Rated Power Output in kVa Minimum Efficiency % Rated Power Output in kVa Minimum Efficiency %
801
	≥15       <25 Single Phase Three Phase 98.3
802
	≥25       <37.5 98.9 ≥30         <45 98.6
803
	≥37.5     <50 99.0 ≥45         <75 98.8
804
	≥50       <75 99.1 ≥75         <112.5 98.9
805
	≥75       <100 99.2 ≥112.5      <150 99.0
806
	≥100      <167 99.2 ≥150        <225 99.1
807
	≥167      <250 99.3 ≥225        <300 99.2
808
	≥250      <333 99.4 ≥300        <500 99.2
809
	≥333      <500 99.4 ≥500        <750 99.3
810
	≥500      <667 99.5 ≥750        <1000 99.4
811
	≥667      <883 99.6 ≥1000       <1500 99.4
812
	883 99.6 ≥1500       <2000 99.5
813
	≥2000       <2500 99.6
814
	2500 99.6
815
816	(d)  Medium voltage dry-type distribution transformer
817	standards shall not be greater than the applicable values shown
818	in the following table:
819
	Single Phase Three Phase
820
	Rated Power Output in kVa Minimum Efficiency % Rated Power Output in kVa Minimum Efficiency %
821
	≥15      <25 97.9 ≥15      <30 97.1
822
	≥25      <37.5 98.2 ≥30      <45 97.6
823
	≥37.5    <50 98.4 ≥45      <75 97.9
824
	≥50      <75 98.5 ≥75      <112.5 98.2
825
	≥75      <100 98.7 ≥112.5   <150 98.4
826
	≥100     <167 98.8 ≥150     <225 98.5
827
	≥167     <250 99.0 ≥225     <300 98.7
828
	≥250     <333 99.1 ≥300     <500 98.8
829
	≥333     <500 99.2 ≥500     <750 99.0
830
	≥500     <667 99.3 ≥750     <1000 99.1
831
	≥667     <883 99.3 ≥1000    <1500 99.2
832
	883 99.4 ≥1500    <2000 99.3
833
	≥2000    <2500 99.3
834
	2500 99.4
835
836	(8)  STANDARDS FOR POOL HEATERS, RESIDENTIAL POOL PUMPS,
837	AND PORTABLE ELECTRIC SPAS.--
838	(a)  Natural gas pool heaters shall not be equipped with
839	constant burning pilots.
840	(b)  All pool heaters shall have a readily accessible on-
841	off switch that is mounted on the outside of the heater and that
842	allows shutting off the heater without adjusting the thermostat
843	setting.
844	(c)  For heat pump pool heaters, the average of the
845	coefficient of performance at standard temperature rating and
846	the coefficient of performance at low temperature rating shall
847	be not less than 3.5.
848	(d)  The thermal efficiency of gas-fired pool heaters and
849	oil-fired pool heaters shall not be less than 80 percent.
850	(e)  Pool pump motors may not be split-phase, shaded-pole,
851	or capacitor start-induction run types.
852	(f)  Pool pump motors with a capacity of 1 HP or more shall
853	have the capability of operating at two or more speeds with a
854	low speed having a rotation rate that is no more than one-half
855	of the motor's maximum rotation rate.
856	(g)  Pool pump motor controls shall have the capability of
857	operating the pool pump at a minimum of two speeds. The default
858	circulation speed shall be the lowest speed, with a high speed
859	override capability being for a temporary period not to exceed
860	one normal cycle or 120 minutes, whichever is less.
861	(h)  The standby power of portable electric spas shall be
862	not greater than 5(V2/3) watts when V = the total volume in
863	gallons.
864	(9)  REFRIGERATED CANNED OR BOTTLED BEVERAGE VENDING
865	MACHINES.--
866	(a)  Refrigerated canned or bottled beverage vending
867	machines shall be equipped with hard-wired controls or software
868	capable of automatically placing the machine into each of the
869	following low power mode states and automatically returning the
870	machine to its normal operating conditions at the conclusion of
871	the low-power mode:
872	1.  Lighting low power state: lights off for an extended
873	period.
874	2.  Refrigeration low power state: the average beverage
875	temperature is allowed to rise above 40° F. for an extended
876	period of time.
877	3.  Whole machine low power state: the lights are off and
878	the refrigeration operates in its low-power state.
879
880	The low power mode controls and software shall be capable of
881	onsite adjustments by the vending operator or machine owner.
882	(b)  Standards for refrigerated canned or bottled beverage
883	vending machines shall be no greater than the applicable values
884	shown in the following table:
885
	Appliance Maximum Daily Energy Consumption(kWh)
886
	Refrigerated canned or bottled beverage vending machines when tested at 90° F ambient temperature except multi-package units 0.55(8.66 +(0.009 × C))
887
	Refrigerated multi-package canned or bottled beverage vending machines when tested at 75° F ambient temperature 0.55(8.66 + (0.009 × C))
888
	C=Rated capacity (number of 12-ounce cans)
889
890	(10)  STANDARDS FOR DISTRIBUTION TRANSFORMERS.--Medium
891	voltage dry-type distribution transformers shall meet minimum
892	efficiency levels three-tenths of a percentage point higher than
893	the Class 1 efficiency levels for medium voltage distribution
894	transformers specified in Table 4-2 of the "Guide for
895	Determining Energy Efficiency for Distribution Transformers"
896	published by the National Electrical Manufacturers Association,
897	NEMA Standard TP-1-2002.
898	(11)(4)  STANDARDS FOR OTHER COVERED PRODUCTS.--
899	(a)  The department may prescribe an energy conservation
900	standard for any type or class of covered products of a type
901	specified in s. 553.957, except where precluded by federal law,
902	if the department determines that:
903	1.  The average per occupancy energy use within this state
904	resulting from performance of products of such type or class
905	exceeded 80 kilowatt hours or its Btu equivalent for any 12
906	calendar-month period ending before such determination; and
907	2.  Substantial improvement in the energy efficiency of
908	products of such type or class is technologically feasible.
909	(b)  The department may prescribe an energy conservation
910	testing and rating standard for any type or class of covered
911	products of a type specified in s. 553.957 if the department
912	determines that the certifications to the state and uniform
913	product labeling required by this part will improve the
914	enforceability of the code.
915	(c)  Any new or amended standard for covered products of a
916	type specified in s. 553.957(1)(d) shall not apply to products
917	manufactured within 2 years after the publication of a final
918	rule establishing such standard.
919	(d)  If the department finds during any rulemaking
920	procedure that a state energy standard requires a waiver from
921	federal preemption, the department shall apply for such a
922	waiver.
923	(12)  EFFECTIVE DATES.--
924	(a)  By July 1, 2009, the department, in consultation with
925	the Public Service Commission, shall adopt rules in accordance
926	with chapter 120 to establish minimum efficiency standards for
927	the types of new products under this section.
928	(b)  By July 1, 2010, no new product of a type under this
929	section may be sold or offered for sale in the state unless the
930	energy efficiency of the new product meets or exceeds the
931	efficiency standards adopted pursuant to paragraph (a).
932	(c)  By July 1, 2011, no new product of a type under this
933	section may be installed in the state unless the energy
934	efficiency of the new product meets or exceeds the efficiency
935	standards adopted pursuant to paragraph (a).
936	Section 10.  By July 1, 2009, the Department of Revenue, in
937	consultation with the Department of Environmental Protection and
938	the Public Service Commission, shall establish and implement, by
939	rule, a program providing sales tax refunds to businesses for
940	the purchase of qualified products under section 553.957,
941	Florida Statutes, as amended by section 7 of this act. The
942	program shall terminate on July 1, 2011.
943	Section 11.  (1)  The Department of Management Services
944	shall adopt, by rule, a schedule for minimum energy efficiency
945	standards for all general purpose lights. The schedule, in
946	combination with other programs and activities affecting
947	lighting use in the state, shall be structured to reduce average
948	statewide electrical energy consumption by not less than 50
949	percent from the 2007 level for indoor residential lighting, and
950	by not less than 25 percent from the 2007 level for indoor
951	commercial and outdoor lighting, by 2018.
952	(2)  By January 1, 2009, the department shall make
953	recommendations to the Governor, the President of the Senate,
954	and the Speaker of the House of Representatives regarding how to
955	reduce per capita residential and commercial energy consumption
956	20 percent below the 2007 level.
957	(3)  By July 1, 2010, the department and all other state
958	agencies shall cease purchasing general purpose lights that do
959	not meet the standards adopted pursuant to this act unless the
960	lighting is deemed historically appropriate for the facility.
961	(4)  For purposes of this section, the term "general
962	purpose lights" means lamps, bulbs, tubes, or other electric
963	devices that provide functional illumination for indoor
964	residential, indoor commercial, and outdoor use. The term does
965	not include any of the following specialty lighting: applicant,
966	black light, bug, colored, infrared, left-hand thread, marine,
967	marine signal service, mine service, plant light, reflector,
968	rough service, shatter resistant, sign service, silver bowl,
969	showcase, three-way, traffic signal, vibration service or
970	vibration resistant, and lights needed to provide special-needs
971	lighting for individuals with exceptional needs.
972	Section 12.  Section 553.975, Florida Statutes, is amended
973	to read:
974	553.975  Report to the Governor and Legislature.--The
975	Public Service Commission shall submit a biennial report to the
976	Governor, the President of the Senate, and the Speaker of the
977	House of Representatives, concurrent with the report required by
978	s. 366.82(8)(4), beginning in 1990. Such report shall include an
979	evaluation of the effectiveness of these standards on energy
980	conservation in this state.
981	Section 13.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.