| 1 | A bill to be entitled |
| 2 | An act relating to energy efficiency; providing |
| 3 | legislative findings; creating the Energy Policy |
| 4 | Governance Task Force; providing purpose; providing for |
| 5 | membership; specifying duties; providing for staff; |
| 6 | requiring a report to the Governor and Legislature; |
| 7 | providing for expiration of the task force; directing the |
| 8 | Florida Building Commission to convene a workgroup to |
| 9 | develop a model residential energy efficiency ordinance; |
| 10 | requiring the commission to consult with specified |
| 11 | entities to review the cost-effectiveness of energy |
| 12 | efficiency measures in the construction of residential, |
| 13 | commercial, and government buildings; requiring a report |
| 14 | to the Legislature; requiring the commission to consult |
| 15 | with specified entities to develop and implement a public |
| 16 | awareness campaign; providing a declaration of important |
| 17 | state interest; requiring all county, municipal, and |
| 18 | public community college buildings to meet certain energy |
| 19 | efficiency standards for construction; providing |
| 20 | applicability; establishing a schedule for the required |
| 21 | purchase of biodiesel fuel for use by state-owned diesel |
| 22 | vehicles and equipment; establishing a schedule for the |
| 23 | required purchase of ethanol for use by state-owned flex- |
| 24 | fuel vehicles; requiring administration, enforcement, and |
| 25 | annual reporting by the Department of Management Services; |
| 26 | requiring a percentage of total diesel fuel purchases by |
| 27 | school district transportation services to be biodiesel |
| 28 | fuel purchases; providing applicability to certain |
| 29 | contracts; creating s. 206.665, F.S.; providing for |
| 30 | refunds on fuel used for the transportation of products |
| 31 | used to produce a renewable energy source; providing an |
| 32 | effective date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. The Legislature finds that it is in the public |
| 37 | interest to promote alternative and renewable energy |
| 38 | technologies in this state, including alternative fuels and |
| 39 | technologies for electric power plants and motor vehicles, |
| 40 | energy conservation, distributed generation, advanced |
| 41 | transmission methods, and pollution and greenhouse gas control. |
| 42 | Both Florida and the United States in general are overly |
| 43 | dependent on foreign oil to meet the energy needs of buildings |
| 44 | and motor vehicles. Alternative and renewable energy and energy |
| 45 | conservation technologies have the potential to decrease this |
| 46 | dependency, minimize volatility of fuel cost, and improve |
| 47 | environmental conditions. In-state research, development, |
| 48 | deployment, and use of these technologies can make the state a |
| 49 | leader in new and innovative technologies and encourage |
| 50 | investment and economic development in this state. |
| 51 | (1) The Energy Policy Governance Task Force is created to |
| 52 | recommend a unified approach to state energy policy including |
| 53 | energy conservation, research, and development and the |
| 54 | deployment of alternative and renewable energy technology. The |
| 55 | task force shall review the programs and policies of the |
| 56 | Department of Agriculture and Consumer Services, the Department |
| 57 | of Environmental Protection, the State University System, the |
| 58 | Public Service Commission, and other relevant public and |
| 59 | private-sector entities in preparing its recommendations. |
| 60 | (2) The task force shall be composed of the following |
| 61 | members: |
| 62 | (a) Two members appointed by the President of the Senate. |
| 63 | (b) Two members appointed by the Speaker of the House of |
| 64 | Representatives. |
| 65 | (c) Two members appointed by the Governor. |
| 66 | (d) The Commissioner of Agriculture or a designee. |
| 67 | (e) The Secretary of Environmental Protection or a |
| 68 | designee. |
| 69 | (f) A vice president for research designated by the |
| 70 | Council of Vice Presidents for State University Research. |
| 71 | (g) The chair of the Florida Energy Commission or a |
| 72 | designee. |
| 73 | (h) The chair of the Florida Public Service Commission or |
| 74 | a designee. |
| 75 | (i) The Public Counsel. |
| 76 | (3) Task force members shall be appointed no later than |
| 77 | August 1, 2008. Members shall elect a chair and vice chair from |
| 78 | the membership of the task force. |
| 79 | (4) In developing its recommendations, the task force |
| 80 | shall determine the appropriate approach toward providing a |
| 81 | coordinated statewide effort to: |
| 82 | (a) Promote the state as a leader in new and innovative |
| 83 | technologies and, in cooperation with Enterprise Florida, Inc., |
| 84 | as a location for businesses having operations related to |
| 85 | alternative and renewable energy technologies. |
| 86 | (b) Promote alternative and renewable energy technologies, |
| 87 | including alternative fuels and technologies for electric power |
| 88 | plants and motor vehicles, energy conservation, distributed |
| 89 | generation, advanced transmission methods, and pollution and |
| 90 | greenhouse gas control. |
| 91 | (c) Administer funding of matching grants for |
| 92 | demonstration, commercialization, research, and development of |
| 93 | projects relating to bioenergy and renewable energy |
| 94 | technologies. |
| 95 | (d) Assist state universities and the private sector in |
| 96 | determining the areas on which to focus research in alternative |
| 97 | and renewable energy technologies and assist in coordinating |
| 98 | research projects among universities and relevant private-sector |
| 99 | entities. |
| 100 | (e) Assist universities, other state entities, and |
| 101 | private-sector entities in raising funds from all available |
| 102 | public or private-sector sources for projects concerning |
| 103 | research, development, or deployment of alternative and |
| 104 | renewable energy technologies, including projects that involve |
| 105 | the production of, improvements in, or use of alternative and |
| 106 | renewable energy technologies in this state. |
| 107 | (5) The task force shall be jointly staffed by personnel |
| 108 | appointed by the Governor, the President of the Senate, and the |
| 109 | Speaker of the House of Representatives. |
| 110 | (6) No later than February 1, 2009, the task force shall |
| 111 | submit its recommendations to the Governor, the President of the |
| 112 | Senate, and the Speaker of the House of Representatives. |
| 113 | (7) The task force shall expire on June 30, 2009. |
| 114 | Section 2. (1) The Florida Building Commission shall |
| 115 | convene a workgroup comprised of representatives from the |
| 116 | Florida Energy Commission, the Department of Community Affairs, |
| 117 | the Building Officials Association of Florida, the Florida |
| 118 | Energy Office, the Florida Home Builders Association, the |
| 119 | Florida Association of Counties, the Florida League of Cities, |
| 120 | and other stakeholders to develop a model residential energy |
| 121 | efficiency ordinance that provides incentives to meet energy |
| 122 | efficiency standards. The commission shall submit such model |
| 123 | ordinance to the President of the Senate and the Speaker of the |
| 124 | House of Representatives no later than March 1, 2009. |
| 125 | (2) The Florida Building Commission, in consultation with |
| 126 | the Florida Energy Commission, the Building Officials |
| 127 | Association of Florida, the Florida Energy Office, the Florida |
| 128 | Home Builders Association, the Florida Association of Counties, |
| 129 | the Florida League of Cities, and other stakeholders, shall |
| 130 | review the Florida Energy Code for Building Construction. |
| 131 | Specifically, the commission shall revisit the analysis of cost- |
| 132 | effectiveness that serves as the basis for energy efficiency |
| 133 | levels for residential buildings, identify cost-effective means |
| 134 | to improve energy efficiency in commercial buildings, and |
| 135 | compare the code to the International Energy Conservation Code |
| 136 | and the American Society of Heating, Refrigerating and Air- |
| 137 | Conditioning Engineers Standards 90.1 and 90.2. The commission |
| 138 | shall provide a report to the President of the Senate and the |
| 139 | Speaker of the House of Representatives no later than March 1, |
| 140 | 2009, proposing a standard that may be adopted for the |
| 141 | construction of all new residential, commercial, and government |
| 142 | buildings. |
| 143 | (3) The Florida Building Commission, in consultation with |
| 144 | the Florida Solar Energy Center, the Florida Energy Commission, |
| 145 | the Florida Energy Office, the United States Department of |
| 146 | Energy, and the Florida Home Builders Association, shall develop |
| 147 | and implement a public awareness campaign that promotes energy |
| 148 | efficiency and the benefits of green building practices by |
| 149 | January 1, 2009. The campaign shall include enhancement of an |
| 150 | existing Internet website from which all citizens may obtain |
| 151 | information pertaining to green building practices, calculate |
| 152 | anticipated savings from incorporation of those practices, and |
| 153 | learn about energy efficiency strategies that may be used in |
| 154 | their existing homes or when building homes. The campaign shall |
| 155 | focus on the benefits of promoting energy efficiency to the |
| 156 | purchasers of new homes, the various green building ratings |
| 157 | available, and the promotion of various energy-efficient |
| 158 | products through existing trade shows. The campaign shall also |
| 159 | include strategies for using print advertising, press releases, |
| 160 | and television advertising to promote voluntary incorporation of |
| 161 | green building practices. |
| 162 | Section 3. (1) The Legislature declares that there is an |
| 163 | important state interest in promoting the construction of |
| 164 | energy-efficient and sustainable buildings. Government |
| 165 | leadership in promoting these standards is vital to |
| 166 | demonstrating the state's commitment to energy conservation, |
| 167 | saving taxpayers money, and raising public awareness of energy- |
| 168 | rating systems. |
| 169 | (2) All county, municipal, and public community college |
| 170 | buildings shall be constructed to meet the United States Green |
| 171 | Building Council (USGBC) Leadership in Energy and Environmental |
| 172 | Design (LEED) rating system, the Green Building Initiative's |
| 173 | Green Globes rating system, or a nationally recognized, high- |
| 174 | performance green building rating system as approved by the |
| 175 | Department of Management Services. This section shall apply to |
| 176 | all county, municipal, and public community college buildings |
| 177 | the architectural plans of which are commenced after July 1, |
| 178 | 2009. |
| 179 | Section 4. State fleet biodiesel usage.-- |
| 180 | (1) By July 1, 2009, a minimum of 5 percent, by January 1, |
| 181 | 2010, a minimum of 10 percent, and by January 1, 2011, a minimum |
| 182 | of 20 percent of total purchases of diesel fuel for use by |
| 183 | state-owned diesel vehicles and equipment shall be biodiesel |
| 184 | fuel (B20) purchases, subject to availability. |
| 185 | (2) By July 1, 2009, a minimum of 5 percent, by January 1, |
| 186 | 2010, a minimum of 10 percent, and by January 1, 2011, a minimum |
| 187 | of 20 percent of total purchases of fuel for use by state-owned |
| 188 | flex-fuel vehicles shall be ethanol purchases, subject to |
| 189 | availability. |
| 190 | (3) The Department of Management Services shall provide |
| 191 | for the proper administration, implementation, and enforcement |
| 192 | of this section. |
| 193 | (4) The Department of Management Services shall report to |
| 194 | the President of the Senate and the Speaker of the House of |
| 195 | Representatives on or before March 1, 2009, and annually |
| 196 | thereafter, the extent of biodiesel and ethanol use in the state |
| 197 | fleet. The report shall contain the number of gallons purchased |
| 198 | since July 1, 2008, the average price of biodiesel and ethanol, |
| 199 | and a description of fleet performance. |
| 200 | Section 5. School district biodiesel usage.-- |
| 201 | (1) By January 1, 2009, a minimum of 20 percent of total |
| 202 | purchases of diesel fuel for use by school district |
| 203 | transportation services shall be biodiesel fuel (B20) purchases, |
| 204 | subject to availability. |
| 205 | (2) If a school district contracts with another government |
| 206 | entity or private entity to provide transportation services for |
| 207 | any of its pupils, the biodiesel fuel requirement provided in |
| 208 | subsection (1) shall be part of that contract. However, this |
| 209 | subsection shall apply only to contracts entered into on or |
| 210 | after July 1, 2008. |
| 211 | Section 6. Section 206.665, Florida Statutes, is created |
| 212 | to read: |
| 213 | 206.665 Refunds on fuel used for the transportation of |
| 214 | products used to produce a renewable energy source.--Any person |
| 215 | who uses any motor fuel for the transportation of products used |
| 216 | to produce a renewable energy source on which the tax, as |
| 217 | imposed by this part, has been paid shall be entitled to a |
| 218 | refund of the municipal fuel tax imposed by s. 206.41(1)(c) |
| 219 | according to the administrative procedures in s. 206.41. |
| 220 | Section 7. This act shall take effect July 1, 2008. |