Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 1544
223658
Senate
Comm: RCS
3/19/2008
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House
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The Committee on Environmental Preservation and Conservation
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(Saunders) recommended the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Section 112.219, Florida Statutes, is created
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to read:
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112.219 Public employee telecommuting programs.--
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(1) As used in this section, the term:
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(a) "Public employing entity" or "entity" means any state
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government administrative unit listed in chapter 20 or the State
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Constitution, including water management districts, the Senate,
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the House of Representatives, the state courts system, the State
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University System, the Community College System, or any other
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agency, commission, council, office, board, authority,
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department, or official of state government.
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(b) "Telecommuting" means a work arrangement whereby
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selected public employees are allowed to perform the normal
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duties and responsibilities of their positions through the use
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of computers or telecommunications while at home or another
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place apart from the employees' usual place of work.
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(c) "Qualified telecommuting employee" means an employee
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who is selected for the telecommuting program, based on the
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requirements of his or her employment position and his or her
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ability to perform assigned work at an offsite location, and who
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meets the following criteria:
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1. The employee has demonstrated an ability to complete
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his or her assigned work with minimal supervision;
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2. The job classification, workload characteristics, or
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position of the employee has been identified by the public
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employing entity as appropriate for telecommuting; and
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3. The employee is not under a performance-improvement
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plan or disciplinary action that indicates a need for close
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supervision of his or her assigned work.
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(d) "Telecommuting schedule" means the work schedule of a
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qualified telecommuting employee indicating the days each week,
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or weeks each month, that the employee will be telecommuting and
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those days or weeks that the employee will be at the onsite work
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location. The schedule must be composed in such a way that the
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employee's work location for any given day is readily
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ascertainable. Occasional variations from the schedule are
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acceptable based on the needs of the entity and the ability of
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the employee to accomplish assigned state business.
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(e) "Telecommuting site" means the location of the
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qualified telecommuting employee during the hours his or her
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telecommuting schedule indicates he or she is telecommuting.
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(f) "Onsite work location" means the office or location
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that a public employing entity normally provides for its
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qualified telecommuting employee.
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(2) Each public employing entity shall:
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(a) Establish and coordinate the public employee
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telecommuting program and administer this section for its own
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employees.
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(b) Appoint an organization-wide telecommuting coordinator
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to promote telecommuting and provide technical assistance within
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the entity.
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(c) Identify employees who are participating in the
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telecommuting program and their job classifications through its
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respective personnel or payroll information management system.
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(3) By September 30, 2009, each employing public entity
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shall complete a telecommuting plan that includes a current
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listing of the job classifications and positions that the entity
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considers appropriate for telecommuting. The proposed
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telecommuting plan must give equal consideration to civil
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service and exempt positions in the selection of employees to
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participate in the telecommuting program. The telecommuting plan
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must also:
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(a) Provide measurable financial benefits associated with
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reduced requirements for office space, reductions in energy
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consumption, and reductions in associated emissions of
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greenhouse gases resulting from telecommuting. Employing public
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entities operating in office space that is owned or managed by
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the Department of Management Services shall consult the
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facilities program in order to ensure its consistency with the
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strategic leasing plan required under s. 255.249(3)(b).
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(b) Provide that an employee's participation in a
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telecommuting program will not adversely affect his or her
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eligibility for advancement or any other employment rights or
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benefits.
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(c) Provide that participation by an employee in a
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telecommuting program is voluntary, and that the employee may
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elect to cease to participate in the telecommuting program at
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any time.
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(d) Allow for the termination of an employee's
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participation in the program if the employee's continued
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participation would not be in the best interests of the public
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employing entity.
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(e) Provide that an employee may not participate in the
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program if the employee is under a performance-improvement plan.
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(f) Ensure that employees participating in the program are
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subject to the same rules regarding attendance, leave,
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performance reviews, and separation action as are other
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employees.
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(g) Establish the reasonable conditions that the public
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employing entity will impose in order to ensure the appropriate
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use and maintenance of any equipment or items provided for use
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at a qualified telecommuting employee's telecommuting site,
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including the installation and maintenance of any telephone
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equipment and ongoing communications services at the
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telecommuting site which must be used only for official
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purposes.
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(h) Prohibit public maintenance of an employee's personal
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equipment used in telecommuting, including any liability for
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personal equipment and costs for personal utility expenses
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associated with telecommuting.
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(i) Describe the security controls that the entity
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considers appropriate for use at the telecommuting site.
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(j) Provide that qualified telecommuting employees are
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covered by workers' compensation under chapter 440 when
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performing official duties at an alternate worksite, such as the
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home.
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(k) Prohibit employees engaged in a telecommuting program
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from conducting face-to-face state business at the telecommuting
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site.
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(l) Require a written agreement specifying the terms and
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conditions of telecommuting, including verification by the
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employee that the telecommuting site provides work space that is
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free of safety and fire hazards, together with an agreement that
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holds the state harmless against all claims, excluding workers'
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compensation claims, resulting from an employee working in the
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telecommuting site. The agreement must be signed and agreed to
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by the qualified telecommuting employee and the supervisor.
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(4) The telecommuting plan for each public employing
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entity, and pertinent supporting documents, shall be posted on
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the entity's website to allow access by employees and the
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public.
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Section 2. Subsection (3) of section 186.007, Florida
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Statutes, is amended to read:
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186.007 State comprehensive plan; preparation; revision.--
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(3) In the state comprehensive plan, the Executive Office
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of the Governor may include goals, objectives, and policies
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related to the following program areas: economic opportunities;
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agriculture; employment; public safety; education; energy;
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global climate change; health concerns; social welfare concerns;
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housing and community development; natural resources and
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environmental management; recreational and cultural
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opportunities; historic preservation; transportation; and
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governmental direction and support services.
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Section 3. Section 193.804, Florida Statutes, is created
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to read:
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193.804 Assessment of solar energy devices.--
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(1) If a taxpayer adds any solar energy device to his or
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her homestead, the value of the solar energy device shall not be
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added to the assessed value of the property for purposes of
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property taxes. A taxpayer claiming the right to a solar energy
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device assessment for ad valorem taxes shall so state in a
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return filed as provided by law giving a brief description of
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the device. The property appraiser may require the taxpayer to
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produce such additional evidence as may be necessary to prove
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the taxpayer's right to have the property subject to a solar
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energy device assessment.
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(2) If a property appraiser questions whether a taxpayer
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is entitled, in whole or in part, to a solar energy device
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assessment under this section, he or she may refer the matter to
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the Department of Environmental Protection for a recommendation.
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If the property appraiser refers the matter, he or she shall
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notify the taxpayer of such action. The Department of
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Environmental Protection shall immediately consider whether the
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taxpayer is entitled to the solar energy device assessment and
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certify its recommendation to the property appraiser.
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(3) The Department of Environmental Protection shall adopt
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rules to administer the solar energy device assessment
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provisions of this section.
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Section 4. Paragraph (ccc) of subsection (7) of section
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212.08, Florida Statutes, is amended to read:
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212.08 Sales, rental, use, consumption, distribution, and
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storage tax; specified exemptions.--The sale at retail, the
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rental, the use, the consumption, the distribution, and the
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storage to be used or consumed in this state of the following
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are hereby specifically exempt from the tax imposed by this
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chapter.
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(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
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entity by this chapter do not inure to any transaction that is
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otherwise taxable under this chapter when payment is made by a
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representative or employee of the entity by any means,
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including, but not limited to, cash, check, or credit card, even
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when that representative or employee is subsequently reimbursed
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by the entity. In addition, exemptions provided to any entity by
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this subsection do not inure to any transaction that is
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otherwise taxable under this chapter unless the entity has
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obtained a sales tax exemption certificate from the department
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or the entity obtains or provides other documentation as
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required by the department. Eligible purchases or leases made
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with such a certificate must be in strict compliance with this
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subsection and departmental rules, and any person who makes an
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exempt purchase with a certificate that is not in strict
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compliance with this subsection and the rules is liable for and
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shall pay the tax. The department may adopt rules to administer
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this subsection.
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(ccc) Equipment, machinery, and other materials for
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renewable energy technologies.--
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1. As used in this paragraph, the term:
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a. "Biodiesel" means the mono-alkyl esters of long-chain
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fatty acids derived from plant or animal matter for use as a
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source of energy and meeting the specifications for biodiesel
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and biodiesel blends with petroleum products as adopted by the
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Department of Agriculture and Consumer Services. Biodiesel may
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refer to biodiesel blends designated BXX, where XX represents
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the volume percentage of biodiesel fuel in the blend.
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b. "Ethanol" means an nominally anhydrous denatured
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alcohol produced by the conversion of carbohydrates fermentation
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of plant sugars meeting the specifications for fuel ethanol and
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fuel ethanol blends with petroleum products as adopted by the
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Department of Agriculture and Consumer Services. Ethanol may
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refer to fuel ethanol blends designated EXX, where XX represents
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the volume percentage of fuel ethanol in the blend.
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c. "Hydrogen fuel cells" means equipment using hydrogen or
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a hydrogen-rich fuel in an electrochemical process to generate
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energy, electricity, or the transfer of heat.
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d. "Wind energy" or "wind turbines" means rotary
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mechanical equipment that uses wind to produce at least 10kW of
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electrical energy.
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2. The sale or use of the following in the state is exempt
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from the tax imposed by this chapter:
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a. Hydrogen-powered vehicles, materials incorporated into
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hydrogen-powered vehicles, and hydrogen-fueling stations, up to
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a limit of $2 million in tax each state fiscal year for all
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taxpayers.
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b. Commercial stationary hydrogen fuel cells, up to a
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limit of $1 million in tax each state fiscal year for all
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taxpayers.
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c. Materials used in the distribution of biodiesel (B10-
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B100) and ethanol (E10-E100), including fueling infrastructure,
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transportation, and storage, up to a limit of $1 million in tax
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each state fiscal year for all taxpayers. Gasoline fueling
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station pump retrofits for ethanol (E10-E100) distribution
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qualify for the exemption provided in this sub-subparagraph.
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d. Wind turbines, up to a limit of $1 million in tax each
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state fiscal year for all taxpayers.
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3. The Department of Environmental Protection shall
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provide to the department a list of items eligible for the
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exemption provided in this paragraph.
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4.a. The exemption provided in this paragraph shall be
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available to a purchaser only through a refund of previously
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paid taxes. Only the initial purchase of an eligible item from
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the manufacturer is subject to refund. A purchaser who has
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received a refund on an eligible item must notify any subsequent
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purchaser of the item that the item is no longer eligible for a
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refund of tax paid. This notification must be provided to the
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subsequent purchaser on the sales invoice or other proof of
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purchase.
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b. To be eligible to receive the exemption provided in
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this paragraph, a purchaser shall file an application with the
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Department of Environmental Protection. The application shall be
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developed by the Department of Environmental Protection, in
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consultation with the department, and shall require:
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(I) The name and address of the person claiming the
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refund.
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(II) A specific description of the purchase for which a
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refund is sought, including, when applicable, a serial number or
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other permanent identification number.
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(III) The sales invoice or other proof of purchase showing
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the amount of sales tax paid, the date of purchase, and the name
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and address of the sales tax dealer from whom the property was
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purchased.
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(IV) A sworn statement that the information provided is
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accurate and that the requirements of this paragraph have been
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met.
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c. Within 30 days after receipt of an application, the
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Department of Environmental Protection shall review the
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application and shall notify the applicant of any deficiencies.
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Upon receipt of a completed application, the Department of
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Environmental Protection shall evaluate the application for
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exemption and issue a written certification that the applicant
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is eligible for a refund or issue a written denial of such
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certification within 60 days after receipt of the application.
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The Department of Environmental Protection shall provide the
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department with a copy of each certification issued upon
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approval of an application.
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d. Each certified applicant shall be responsible for
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forwarding a certified copy of the application and copies of all
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required documentation to the department within 6 months after
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certification by the Department of Environmental Protection.
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e. The provisions of s. 212.095 do not apply to any refund
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application made pursuant to this paragraph. A refund approved
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pursuant to this paragraph shall be made within 30 days after
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formal approval by the department.
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f. The Department of Environmental Protection may adopt by
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rule the form for the application for a certificate,
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requirements for the content and format of information submitted
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to the Department of Environmental Protection in support of the
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application, other procedural requirements, and criteria by
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which the application will be determined. The department may
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adopt all other rules pursuant to ss. 120.536(1) and 120.54 to
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administer this paragraph, including rules establishing
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additional forms and procedures for claiming this exemption.
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g. The Department of Environmental Protection shall be
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responsible for ensuring that the total amounts of the
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exemptions authorized do not exceed the limits as specified in
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subparagraph 2.
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5. The Department of Environmental Protection shall
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determine and publish on a regular basis the amount of sales tax
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funds remaining in each fiscal year.
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6. This paragraph expires July 1, 2010, except as it
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relates to wind turbines. The provisions of this paragraph
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relating to wind turbines expire July 1, 2012.
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Section 5. Subsections (1), (2), and (6) of section
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220.192, Florida Statutes, are amended to read:
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220.192 Renewable energy technologies investment tax
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credit.--
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(1) DEFINITIONS.--For purposes of this section, the term:
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(a) "Biodiesel" means biodiesel as defined in s.
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212.08(7)(ccc).
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(b) "Eligible costs" means:
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1. Seventy-five percent of all capital costs, operation
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and maintenance costs, and research and development costs
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incurred between July 1, 2006, and June 30, 2010, up to a limit
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of $3 million per state fiscal year for all taxpayers, in
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connection with an investment in hydrogen-powered vehicles and
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hydrogen vehicle fueling stations in the state, including, but
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not limited to, the costs of constructing, installing, and
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equipping such technologies in the state.
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2. Seventy-five percent of all capital costs, operation
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and maintenance costs, and research and development costs
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incurred between July 1, 2006, and June 30, 2010, up to a limit
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of $1.5 million per state fiscal year for all taxpayers, and
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limited to a maximum of $12,000 per fuel cell, in connection
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with an investment in commercial stationary hydrogen fuel cells
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in the state, including, but not limited to, the costs of
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constructing, installing, and equipping such technologies in the
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state.
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3. Seventy-five percent of all capital costs, operation
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and maintenance costs, and research and development costs
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incurred between July 1, 2006, and June 30, 2010, up to a limit
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of $14 $6.5 million per state fiscal year for all taxpayers, in
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connection with an investment in the production, storage, and
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distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
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the state, including the costs of constructing, installing, and
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equipping such technologies in the state. Gasoline fueling
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station pump retrofits for ethanol (E10-E100) distribution
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qualify as an eligible cost under this subparagraph.
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4. Seventy-five percent of all capital costs, operation
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and maintenance costs, and research and development costs
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incurred between July 1, 2008, and June 30, 2012, up to a limit
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of $9 million per state fiscal year for all taxpayers, in
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connection with an investment in the production of wind energy.
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(c) "Ethanol" means ethanol as defined in s.
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212.08(7)(ccc).
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(d) "Hydrogen fuel cell" means hydrogen fuel cell as
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defined in s. 212.08(7)(ccc).
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(e) "Wind energy" or "wind turbine" has the same meaning
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as in s. 212.08(7)(ccc).
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(2) TAX CREDIT.--
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(a) For tax years beginning on or after January 1, 2007, a
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credit against the tax imposed by this chapter shall be granted
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in an amount equal to the eligible costs. Credits may be used in
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tax years beginning January 1, 2007, and ending December 31,
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2010, after which the credit shall expire. If the credit is not
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fully used in any one tax year because of insufficient tax
351
liability on the part of the corporation, the unused amount may
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be carried forward and used in tax years beginning January 1,
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2007, and ending December 31, 2012, after which the credit
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carryover expires and may not be used. A taxpayer that files a
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consolidated return in this state as a member of an affiliated
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group under s. 220.131(1) may be allowed the credit on a
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consolidated return basis up to the amount of tax imposed upon
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the consolidated group. Any eligible cost for which a credit is
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claimed and which is deducted or otherwise reduces federal
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taxable income shall be added back in computing adjusted federal
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income under s. 220.13.
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1. For tax years beginning on or after January 1, 2009, a
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credit against the tax imposed by this chapter shall be granted
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in an amount equal to the eligible costs related to wind energy.
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Credits may be used in tax years beginning January 1, 2009, and
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ending December 31, 2012, after which period the credit expires.
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If the credit is not fully used in any one tax year because of
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insufficient tax liability on the part of the corporation, the
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unused amount may be carried forward and used in tax years
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beginning January 1, 2009, and ending December 31, 2014, after
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which period the credit carryover expires and may not be used.
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2. A taxpayer who files a consolidated return in this
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state as a member of an affiliated group under s. 220.131(1) may
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be allowed the credit on a consolidated return basis up to the
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amount of tax imposed upon the consolidated group. Any eligible
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cost for which a credit is claimed and which is deducted or
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otherwise reduces federal taxable income shall be added back
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when computing adjusted federal income under s. 220.13.
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(b) A corporation and a subsequent transferee allowed the
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tax credit may transfer the tax credit, in whole or in part, to
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any taxpayer by written agreement, without transferring any
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ownership interest in the property generating the tax credit or
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any interest in the entity that owns the property. A transferee
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is entitled to apply the credits against the tax, and such
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transfer has the same effect as if the transferee had incurred
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the eligible costs.
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1. To perfect the transfer, the transferor must provide a
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written transfer statement providing notice to the Department of
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Revenue of the assignor's intent to transfer the tax credits to
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the assignee; the date the transfer is effective; the assignee's
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name, address, federal taxpayer identification number, and tax
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period; and the amount of tax credits to be transferred. The
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Department of Revenue shall issue, upon receipt of a transfer
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statement conforming to the requirements of this section, a
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certificate to the assignee reflecting the tax credit amounts
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transferred, a copy of which shall be attached to each tax
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return by an assignee in which such tax credits are used.
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2. Tax credits derived by such entities treated as
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corporations under this section which are not transferred by
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such entities to other taxpayers under this subsection must be
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passed through to the taxpayers designated as partners, members,
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or owners, respectively, in any manner agreed to by such
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persons, whether or not the persons are allocated or allowed any
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portion of the federal energy tax credit with respect to the
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eligible costs.
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(6) RULES.--The Department of Revenue may shall have the
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authority to adopt rules relating to:
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(a) The forms required to claim a tax credit under this
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section, the requirements and basis for establishing an
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entitlement to a credit, and the examination and audit
411
procedures required to administer this section.
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(b) The implementation and administration of the
413
provisions allowing a transfer of tax credits, including rules
414
prescribing forms, reporting requirements, and the specific
415
procedures, guidelines, and requirements necessary for a tax
416
credit to be transferred.
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Section 6. Paragraphs (f) and (g) are added to subsection
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(2) and paragraphs (j) and (k) are added to subsection (3) of
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section 220.193, Florida Statutes, to read:
420
220.193 Florida renewable energy production credit.--
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(2) As used in this section, the term:
422
(f) "Sale" or "sold" means the use of electricity by the
423
producer of such electricity which decreases the amount of
424
electricity that the producer would otherwise have to purchase.
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(g) "Taxpayer" includes a general partnership, limited
426
partnership, limited liability company, trust, or other
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artificial entity in which a corporation, as defined in s.
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220.03(1)(e), owns an interest and is taxed as a partnership or
429
is disregarded as a separate entity from the corporation under
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chapter 220.
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(3) An annual credit against the tax imposed by this
432
section shall be allowed to a taxpayer, based on the taxpayer's
433
production and sale of electricity from a new or expanded
434
Florida renewable energy facility. For a new facility, the
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credit shall be based on the taxpayer's sale of the facility's
436
entire electrical production. For an expanded facility, the
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credit shall be based on the increases in the facility's
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electrical production that are achieved after May 1, 2006.
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(j) A credit authorized by this section shall be
440
attributed to a corporation according to its proportional
441
ownership interest in a taxpayer. In addition to the authority
442
granted to the department in subsection (4), the department may
443
adopt rules and forms to implement this subsection, including
444
specific procedures and guidelines for notifying the department
445
that a credit is attributed to a corporation and for a
446
corporation to claim such credit.
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(k) A taxpayer's use of the credit granted pursuant to
448
this section does not reduce the amount of any credit available
449
to such taxpayer under s. 220.186.
450
Section 7. Paragraph (d) of subsection (3) of section
451
255.249, Florida Statutes, is amended to read:
452
255.249 Department of Management Services; responsibility;
453
department rules.--
454
(3)
455
(d) By June 30 of each year, each state agency shall
456
annually provide to the department all information regarding
457
agency programs affecting the need for or use of space by that
458
agency, reviews of lease-expiration schedules for each
459
geographic area, active and planned full-time equivalent data,
460
business case analyses related to consolidation plans by an
461
agency, telecommuting plans, and current occupancy and
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relocation costs, inclusive of furnishings, fixtures and
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equipment, data, and communications.
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Section 8. Section 255.251, Florida Statutes, is amended
465
to read:
466
255.251 Energy Conservation and Sustainable in Buildings
467
Act; short title.--Sections 255.251-255.258 may This act shall
468
be cited as the "Florida Energy Conservation and Sustainable in
469
Buildings Act of 1974."
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Section 9. Section 255.252, Florida Statutes, is amended
471
to read:
472
255.252 Findings and intent.--
473
(1) Operating and maintenance expenditures associated with
474
energy equipment and with energy consumed in state-financed and
475
leased buildings represent a significant cost over the life of a
476
building. Energy conserved by appropriate building design not
477
only reduces the demand for energy but also reduces costs for
478
building operation. For example, commercial buildings are
479
estimated to use from 20 to 80 percent more energy than would be
480
required if energy-conserving designs were used. The size,
481
design, orientation, and operability of windows, the ratio of
482
ventilating air to air heated or cooled, the level of lighting
483
consonant with space-use requirements, the handling of occupancy
484
loads, and the ability to zone off areas not requiring
485
equivalent levels of heating or cooling are but a few of the
486
considerations necessary to conserving energy.
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(2) Significant efforts are needed to build energy-
488
efficient state-owned buildings that meet environmental
489
standards and underway by the General Services Administration,
490
the National Institute of Standards and Technology, and others
491
to detail the considerations and practices for energy
492
conservation in buildings. Most important is that energy-
493
efficient designs provide energy savings over the life of the
494
building structure. Conversely, energy-inefficient designs cause
495
excess and wasteful energy use and high costs over that life.
496
With buildings lasting many decades and with energy costs
497
escalating rapidly, it is essential that the costs of operation
498
and maintenance for energy-using equipment and sustainable
499
materials be included in all design proposals for state-owned
500
state buildings.
501
(3) In order that such energy-efficiency and sustainable
502
materials considerations become a function of building design,
503
and also a model for future application in the private sector,
504
it shall be the policy of the state that buildings constructed
505
and financed by the state be designed and constructed in
506
accordance with the United States Green Building Council (USGBC)
507
Leadership in Energy and Environmental Design (LEED) rating
508
system, with a goal of meeting the Platinum level rating, the
509
Green Building Initiative's Green Globes rating system, or the
510
Florida Green Building Coalition standards in a manner which
511
will minimize the consumption of energy used in the operation
512
and maintenance of such buildings. It is further the policy of
513
the state, when economically feasible, to retrofit existing
514
state-owned buildings in a manner that which will minimize the
515
consumption of energy used in the operation and maintenance of
516
such buildings.
517
(4) In addition to designing and constructing new
518
buildings to be energy-efficient, it shall be the policy of the
519
state to operate, maintain, and renovate existing state
520
facilities, or provide for their renovation, in accordance with
521
the United States Green Building Council's Leadership in Energy
522
and Environmental Design for Existing Buildings (LEED-EB) for
523
smaller renovations, or the United States Green Building
524
Council's Leadership in Energy and Environmental Design for New
525
Construction (LEED-NC) for major renovations, with a goal of
526
achieving the Platinum level rating, the Green Building
527
Initiative's Green Globes rating system, or the Florida Green
528
Building Coalition standards in order to in a manner which will
529
minimize energy consumption and maximize building sustainability
530
as well as ensure that facilities leased by the state are
531
operated so as to minimize energy use. State government entities
532
Agencies are encouraged to consider shared savings financing of
533
such energy efficiency and conservation projects, using
534
contracts which split the resulting savings for a specified
535
period of time between the state government entity agency and
536
the private firm or cogeneration contracts which otherwise
537
permit the state to lower its net energy costs. Such energy
538
contracts may be funded from the operating budget.
539
(5) Each state government entity occupying space within
540
buildings owned or managed by the Department of Management
541
Services must identify and compile a list of projects determined
542
to be suitable for a guaranteed energy performance savings
543
contract pursuant to s. 489.145. The list of projects compiled
544
by each state government entity shall be submitted to the
545
Department of Management Services by December 31, 2008, and must
546
include all criteria used to determine suitability. The list of
547
projects shall be developed from the list of state-owned
548
facilities greater than 5,000 square feet in area and for which
549
the state government entity is responsible for paying the
550
expenses of utilities and other operating expenses as they
551
relate to energy use. In consultation with each state government
552
entity executive officer, by July 1, 2009, the department shall
553
prioritize all projects deemed suitable by each state government
554
entity and shall develop an energy efficiency project schedule
555
based on factors such as project magnitude, efficiency and
556
effectiveness of energy conservation measures to be implemented,
557
and other factors that may prove to be advantageous to pursue.
558
The schedule shall provide the deadline for improvements to be
559
made to state-owned buildings under a guaranteed energy
560
performance savings contract.
561
Section 10. Section 255.253, Florida Statutes, is amended
562
to read:
563
255.253 Definitions; ss. 255.251-255.258.--
564
(1) "Department" means the Department of Management
565
Services.
566
(2) "Facility" means a building or other structure.
567
(3) "Energy performance index or indices" (EPI) means a
568
number describing the energy requirements at the building
569
boundary of a facility, per square foot of floor space or per
570
cubic foot of occupied volume, as appropriate under defined
571
internal and external ambient conditions over an entire seasonal
572
cycle. As experience develops on the energy performance achieved
573
with state building, the indices (EPI) will serve as a measure
574
of building performance with respect to energy consumption.
575
(4) "Life-cycle costs" means the cost of owning,
576
operating, and maintaining the facility over the life of the
577
structure. This may be expressed as an annual cost for each year
578
of the facility's use.
579
(5) "Shared savings financing" means the financing of
580
energy conservation measures and maintenance services through a
581
private firm which may own any purchased equipment for the
582
duration of a contract, which may shall not exceed 10 years
583
unless so authorized by the department. The Such contract shall
584
specify that the private firm will be recompensed either out of
585
a negotiated portion of the savings resulting from the
586
conservation measures and maintenance services provided by the
587
private firm or, in the case of a cogeneration project, through
588
the payment of a rate for energy lower than would otherwise have
589
been paid for the same energy from current sources.
590
(6) "State government entity" means any state government
591
entity listed in chapter 20 or the State Constitution.
592
(7) "Sustainable building" means a building that is
593
healthy and comfortable for its occupants and is economical to
594
operate while conserving resources, including energy, water, raw
595
materials, and land, and minimizing the generation and use of
596
toxic materials and waste in its design, construction,
597
landscaping, and operation.
598
(8) "Sustainable building rating" means a rating
599
established by the United States Green Building Council (USGBC)
600
Leadership in Energy and Environmental Design (LEED) rating
601
system, the Green Building Initiative's Green Globes rating
602
system, or the Florida Green Building Coalition standards.
603
Section 11. Section 255.254, Florida Statutes, is amended
604
to read:
605
255.254 No facility constructed or leased without life-
606
cycle costs.--
607
(1) A No state government entity may not agency shall
608
lease, construct, or have constructed, within limits prescribed
609
herein, a facility without having secured from the department an
610
a proper evaluation of life-cycle costs, as computed by an
611
architect or engineer. Furthermore, construction shall proceed
612
only upon disclosing to the department, for the facility chosen,
613
the life-cycle costs as determined in s. 255.255, its
614
sustainable building rating goal, and the capitalization of the
615
initial construction costs of the building. The life-cycle costs
616
and the sustainable building rating goal shall be a primary
617
considerations consideration in the selection of a building
618
design. Such analysis shall be required only for construction of
619
buildings with an area of 5,000 square feet or greater. For
620
leased buildings areas of 5,000 20,000 square feet or greater
621
within a given building boundary, an energy performance a life-
622
cycle analysis consisting of a projection of the annual energy
623
consumption costs in dollars per square foot of major energy-
624
consuming equipment and systems based on actual expenses, from
625
the last 3 years, and projected forward for the term of the
626
proposed lease shall be performed, and a lease shall only be
627
made only if where there is a showing that the energy life-cycle
628
costs incurred by the state are minimal compared to available
629
like facilities. Any building leased by the state from a
630
private-sector vendor must include, as a part of the lease,
631
provisions for monthly energy-use data to be collected and
632
submitted monthly to the department by the owner of the
633
building.
634
(2) On and after January 1, 1979, a no state government
635
entity may not agency shall initiate construction or have
636
construction initiated, prior to approval thereof by the
637
department, on a facility or self-contained unit of any
638
facility, the design and construction of which incorporates or
639
contemplates the use of an energy system other than a solar
640
energy system when the life-cycle costs analysis prepared by the
641
department has determined that a solar energy system is the most
642
cost-efficient energy system for the facility or unit.
643
(3) After September 30, 1985, when any state government
644
entity agency must replace or supplement major items of energy-
645
consuming equipment in existing state-owned or leased facilities
646
or any self-contained unit of any facility with other major
647
items of energy-consuming equipment, the selection of such items
648
shall be made on the basis of a life-cycle cost analysis of
649
alternatives in accordance with rules promulgated by the
650
department under s. 255.255.
651
Section 12. Subsection (1) of section 255.255, Florida
652
Statutes, is amended to read:
653
255.255 Life-cycle costs.--
654
(1) The department shall adopt promulgate rules and
655
procedures, including energy conservation performance
656
guidelines, based on sustainable building ratings, for
657
conducting a life-cycle cost analysis of alternative
658
architectural and engineering designs and alternative major
659
items of energy-consuming equipment to be retrofitted in
660
existing state-owned or leased facilities and for developing
661
energy performance indices to evaluate the efficiency of energy
662
utilization for competing designs in the construction of state-
663
financed and leased facilities.
664
Section 13. Section 255.257, Florida Statutes, is amended
665
to read:
666
255.257 Energy management; buildings occupied by state
667
government entities agencies.--
668
(1) ENERGY CONSUMPTION AND COST DATA.--Each state
669
government entity agency shall collect data on energy
670
consumption and cost. The data gathered shall be on state-owned
671
facilities and metered state-leased facilities of 5,000 net
672
square feet or more. These data will be used in the computation
673
of the effectiveness of the state energy management plan and the
674
effectiveness of the energy management program of each of the
675
state government entity agencies. Collected data shall be
676
reported to the department annually in a format prescribed by
677
the department.
678
(2) ENERGY MANAGEMENT COORDINATORS.--Each state government
679
entity agency, the Florida Public Service Commission, the
680
Department of Military Affairs, and the judicial branch shall
681
appoint a coordinator whose responsibility shall be to advise
682
the head of the state government entity agency on matters
683
relating to energy consumption in facilities under the control
684
of that head or in space occupied by the various units
685
comprising that state government entity agency, in vehicles
686
operated by that state government entity agency, and in other
687
energy-consuming activities of the state government entity
688
agency. The coordinator shall implement the energy management
689
program agreed upon by the state government entity agency
690
concerned and assist the department in the development of the
691
State Energy Management Plan.
692
(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
693
Department of Management Services shall may develop a State
694
Energy Management Plan consisting of, but not limited to, the
695
following elements:
696
(a) Data-gathering requirements;
697
(b) Building energy audit procedures;
698
(c) Uniform data analysis procedures;
699
(d) Employee energy education program measures;
700
(e) Energy consumption reduction techniques;
701
(f) Training program for state government entity agency
702
energy management coordinators; and
703
(g) Guidelines for building managers.
704
705
The plan shall include a description of the actions that each
706
state government entity must take in order to reduce consumption
707
of electricity and nonrenewable energy sources used for space
708
heating and cooling, ventilation, lighting, water heating, and
709
transportation. The state energy office shall provide technical
710
assistance to the department in the development of the State
711
Energy Management Plan.
712
(4) ENERGY AND ENVIRONMENTAL DESIGN.--
713
(a) Each state government entity shall adopt the standards
714
of the United States Green Building Council's Leadership in
715
Energy and Environmental Design for New Construction (LEED-NC)
716
for all new buildings, with a goal of achieving the LEED-NC
717
Platinum level rating for each construction project the Green
718
Building Initiative's Green Globes rating system, or the Florida
719
Green Building Coalition standards.
720
(b) Each state government entity shall implement the
721
United States Green Building Council's Leadership in Energy and
722
Environmental Design for Existing Buildings (LEED-EB) the Green
723
Building Initiative's Green Globes rating system, or the Florida
724
Green Building Coalition standards. A state government entity
725
may prioritize implementation of LEED-EB standards the Green
726
Building Initiative's Green Globes rating system, or the Florida
727
Green Building Coalition standards in order to gain the greatest
728
environmental benefit within its existing budget for property
729
management.
730
(c) A state government entity may not enter into a new
731
leasing agreement for office space that does not meet Energy
732
Star building standards, except when determined by the
733
appropriate state government entity executive that no other
734
viable or cost-effective alternative exists.
735
(d) Each state government entity shall develop energy-
736
conservation measures and guidelines for new and existing office
737
space if the state government entity occupies more than 5,000
738
square feet. The conservation measures shall focus on programs
739
that reduce energy consumption and, when established, provide a
740
net reduction in occupancy costs.
741
Section 14. Section 286.275, Florida Statutes, is created
742
to read:
743
286.275 Climate friendly public business.--
744
(1) The Legislature recognizes the importance of
745
leadership by state government in the area of energy efficiency
746
and in reducing the greenhouse gas emissions of state government
747
operations. The following shall pertain to all state government
748
entities, as defined in this section, when conducting public
749
business:
750
(a) The Department of Management Services shall develop
751
the Florida Climate Friendly Preferred Products List. In
752
maintaining that list, the department, in consultation with the
753
Department of Environmental Protection, shall continually assess
754
products that are currently available for purchase under state
755
term contracts and identify specific products and vendors that
756
provide clear energy efficiency or other environmental benefits
757
over competing products. When procuring products from state term
758
contracts, state government entities shall first consult the
759
Florida Climate Friendly Preferred Products List and procure
760
such products if the cost does not exceed by 5 percent the most
761
cost-effective alternative commodity not included on the list.
762
(b) Effective July 1, 2008, state government entities
763
shall contract for meeting and conference space only with hotels
764
or conference facilities that have received the "Green Lodging"
765
designation from the Department of Environmental Protection for
766
best practices in water, energy, and waste-efficiency standards,
767
unless the responsible state government entity's chief executive
768
officer makes a determination that no other viable alternative
769
exists. The Department of Environmental Protection may adopt
770
rules to administer the Green Lodging Program.
771
(c) The Department of Environmental Protection is
772
authorized to establish voluntary technical assistance programs
773
in accordance with s. 403.074. Such programs may include the
774
Clean Marinas, Clean Boatyards, Clean Retailers, Clean Boaters,
775
and Green Yards Programs. The programs may include
776
certifications, designations, or other forms of recognition. The
777
department may implement some or all of these programs through
778
rulemaking; however, the rules may not impose requirements on a
779
person who does not wish to participate in a program. Each state
780
government entity shall patronize businesses that have received
781
such certifications or designations to the greatest extent
782
practical.
783
(d) Each state government entity shall ensure that all
784
maintained vehicles meet minimum maintenance schedules that have
785
been shown to reduce fuel consumption, including maintaining
786
appropriate tire pressures and tread depth, replacing fuel
787
filters and emission filters at recommended intervals, using
788
proper motor oils, and performing timely motor maintenance. Each
789
state government entity shall measure and report compliance to
790
the Department of Management Services through the equipment
791
management information system database.
792
(e) When procuring a new vehicle, each state government
793
entity shall first define the intended purpose for the vehicle
794
and determine for which of the following use classes the vehicle
795
is being procured:
796
1. State business travel, designated operator;
797
2 State business travel, pool operators;
798
3. Construction, agricultural, or maintenance work;
799
4. Conveyance of passengers;
800
5. Conveyance of building or maintenance materials and
801
supplies;
802
6. Off-road vehicles, motorcycles, or all-terrain
803
vehicles;
804
7. Emergency response; or
805
8. Other.
806
807
Vehicles in subparagraphs 1. through 8., when being processed
808
for purchase or leasing agreements, must be selected for the
809
greatest fuel efficiency available for a given use class when
810
fuel-economy data are available. Exceptions may be made for
811
certain individual vehicles in subparagraph 7. when accompanied,
812
during the procurement process, by documentation indicating that
813
the operator or operators will exclusively be emergency first
814
responders or have special documented need for exceptional
815
vehicle-performance characteristics. Any request for an
816
exception must be approved by the purchasing entity's chief
817
executive officer and any exceptional vehicle-performance
818
characteristics must be denoted as a part of the procurement
819
process prior to purchase.
820
(f) All state government entities shall use ethanol and
821
biodiesel-blended fuels when available. State government
822
entities administering central fueling operations for state-
823
owned vehicles shall procure biofuels for fleet needs to the
824
greatest extent practicable.
825
(2) As used in this section, the term "state government
826
entity" means any state government entity listed in chapter 20
827
or the State Constitution.
828
Section 15. Paragraph (b) of subsection (2) and subsection
829
(5) of section 287.063, Florida Statutes, are amended to read:
830
287.063 Deferred-payment commodity contracts; preaudit
831
review.--
832
(2)
833
(b) The Chief Financial Officer shall establish, by rule,
834
criteria for approving purchases made under deferred-payment
835
contracts which require the payment of interest. Criteria shall
836
include, but not be limited to, the following provisions:
837
1. No contract shall be approved in which interest exceeds
838
the statutory ceiling contained in this section. However, the
839
interest component of any master equipment financing agreement
840
entered into for the purpose of consolidated financing of a
841
deferred-payment, installment sale, or lease-purchase shall be
842
deemed to comply with the interest rate limitation of this
843
section so long as the interest component of every interagency
844
agreement under such master equipment financing agreement
845
complies with the interest rate limitation of this section.
846
2. No deferred-payment purchase for less than $30,000
847
shall be approved, unless it can be satisfactorily demonstrated
848
and documented to the Chief Financial Officer that failure to
849
make such deferred-payment purchase would adversely affect an
850
agency in the performance of its duties. However, the Chief
851
Financial Officer may approve any deferred-payment purchase if
852
the Chief Financial Officer determines that such purchase is
853
economically beneficial to the state.
854
3. No agency shall obligate an annualized amount of
855
payments for deferred-payment purchases in excess of current
856
operating capital outlay appropriations, unless specifically
857
authorized by law or unless it can be satisfactorily
858
demonstrated and documented to the Chief Financial Officer that
859
failure to make such deferred-payment purchase would adversely
860
affect an agency in the performance of its duties.
861
3.4. No contract shall be approved which extends payment
862
beyond 5 years, unless it can be satisfactorily demonstrated and
863
documented to the Chief Financial Officer that failure to make
864
such deferred-payment purchase would adversely affect an agency
865
in the performance of its duties. The payment term may not
866
exceed the useful life of the equipment unless the contract
867
provides for the replacement or the extension of the useful life
868
of the equipment during the term of the deferred payment
869
contract.
870
(5) For purposes of this section, the annualized amount of
871
any such deferred payment commodity contract must be supported
872
from available recurring funds appropriated to the agency in an
873
appropriation category, other than the expense appropriation
874
category as defined in chapter 216, which that the Chief
875
Financial Officer has determined is appropriate or that the
876
Legislature has designated for payment of the obligation
877
incurred under this section.
878
Section 16. Subsections (10) and (11) of section 287.064,
879
Florida Statutes, are amended to read:
880
287.064 Consolidated financing of deferred-payment
881
purchases.--
882
(10) Costs incurred pursuant to a guaranteed energy
883
performance savings contract, including the cost of energy
884
conservation measures, each as defined in s. 489.145, may be
885
financed pursuant to a master equipment financing agreement;
886
however, the costs of training, operation, and maintenance may
887
not be financed. The period of time for repayment of the funds
888
drawn pursuant to the master equipment financing agreement under
889
this subsection may exceed 5 years but may not exceed 20 10
890
years for energy conservation measures under s. 489.145,
891
excluding the costs of training, operation, and maintenance. The
892
guaranteed energy performance savings contractor shall provide
893
for the replacement or the extension of the useful life of the
894
equipment during the term of the contract.
895
(11) For purposes of consolidated financing of deferred
896
payment commodity contracts under this section by a state
897
agency, any such contract must be supported from available
898
recurring funds appropriated to the agency in an appropriation
899
category, other than the expense appropriation category as
900
defined in chapter 216, which that the Chief Financial Officer
901
has determined is appropriate or that the Legislature has
902
designated for payment of the obligation incurred under this
903
section.
904
Section 17. Present paragraphs (a) through (n) of
905
subsection (2) of section 288.1089, Florida Statutes, are
906
redesignated as paragraphs (b) through (o), respectively, and a
907
new paragraph (a) is added to that subsection, subsection (3) of
908
that section is amended, and paragraph (d) is added to
909
subsection (4) of that section, to read:
910
288.1089 Innovation Incentive Program.--
911
(2) As used in this section, the term:
912
(a) "Alternative and renewable energy" means electrical,
913
mechanical, or thermal energy produced from a method that uses
914
one or more of the following fuels or energy sources: ethanol,
915
cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
916
hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
917
or geothermal.
918
(3) To be eligible for consideration for an innovation
919
incentive award, an innovation business, or research and
920
development entity, or alternative and renewable energy project
921
must submit a written application to Enterprise Florida, Inc.,
922
before making a decision to locate new operations in this state
923
or expand an existing operation in this state. The application
924
must include, but not be limited to:
925
(a) The applicant's federal employer identification
926
number, unemployment account number, and state sales tax
927
registration number. If such numbers are not available at the
928
time of application, they must be submitted to the office in
929
writing prior to the disbursement of any payments under this
930
section.
931
(b) The location in this state at which the project is
932
located or is to be located.
933
(c) A description of the type of business activity,
934
product, or research and development undertaken by the
935
applicant, including six-digit North American Industry
936
Classification System codes for all activities included in the
937
project.
938
(d) The applicant's projected investment in the project.
939
(e) The total investment, from all sources, in the
940
project.
941
(f) The number of net new full-time equivalent jobs in
942
this state the applicant anticipates having created as of
943
December 31 of each year in the project and the average annual
944
wage of such jobs.
945
(g) The total number of full-time equivalent employees
946
currently employed by the applicant in this state, if
947
applicable.
948
(h) The anticipated commencement date of the project.
949
(i) A detailed explanation of why the innovation incentive
950
is needed to induce the applicant to expand or locate in the
951
state and whether an award would cause the applicant to locate
952
or expand in this state.
953
(j) If applicable, an estimate of the proportion of the
954
revenues resulting from the project that will be generated
955
outside this state.
956
(4) To qualify for review by the office, the applicant
957
must, at a minimum, establish the following to the satisfaction
958
of Enterprise Florida, Inc., and the office:
959
(d) For an alternative and renewable energy project in
960
this state, the project must:
961
1. Demonstrate a plan for significant collaboration with
962
an institution of higher education.
963
2. Provide the state, at a minimum, a break-even return on
964
investment within a 20-year period.
965
3. Include matching funds provided by the applicant or
966
other available sources. This requirement may be waived if the
967
office and the department determine that the merits of the
968
individual project or the specific circumstances warrant such
969
action.
970
Section 18. Subsections (1) and (7) and paragraph (b) of
971
subsection (8) of section 339.175, Florida Statutes, are amended
972
to read:
973
339.175 Metropolitan planning organization.--
974
(1) PURPOSE.--It is the intent of the Legislature to
975
encourage and promote the safe and efficient management,
976
operation, and development of surface transportation systems
977
that will serve the mobility needs of people and freight and
978
foster economic growth and development within and through
979
urbanized areas of this state while minimizing transportation-
980
related fuel consumption, and air pollution, and greenhouse gas
981
emissions through metropolitan transportation planning processes
982
identified in this section. To accomplish these objectives,
983
metropolitan planning organizations, referred to in this section
984
as M.P.O.'s, shall develop, in cooperation with the state and
985
public transit operators, transportation plans and programs for
986
metropolitan areas. The plans and programs for each metropolitan
987
area must provide for the development and integrated management
988
and operation of transportation systems and facilities,
989
including pedestrian walkways and bicycle transportation
990
facilities that will function as an intermodal transportation
991
system for the metropolitan area, based upon the prevailing
992
principles provided in s. 334.046(1). The process for developing
993
such plans and programs shall provide for consideration of all
994
modes of transportation and shall be continuing, cooperative,
995
and comprehensive, to the degree appropriate, based on the
996
complexity of the transportation problems to be addressed. To
997
ensure that the process is integrated with the statewide
998
planning process, M.P.O.'s shall develop plans and programs that
999
identify transportation facilities that should function as an
1000
integrated metropolitan transportation system, giving emphasis
1001
to facilities that serve important national, state, and regional
1002
transportation functions. For the purposes of this section,
1003
those facilities include the facilities on the Strategic
1004
Intermodal System designated under s. 339.63 and facilities for
1005
which projects have been identified pursuant to s. 339.2819(4).
1006
(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1007
develop a long-range transportation plan that addresses at least
1008
a 20-year planning horizon. The plan must include both long-
1009
range and short-range strategies and must comply with all other
1010
state and federal requirements. The prevailing principles to be
1011
considered in the long-range transportation plan are: preserving
1012
the existing transportation infrastructure; enhancing Florida's
1013
economic competitiveness; and improving travel choices to ensure
1014
mobility. The long-range transportation plan must be consistent,
1015
to the maximum extent feasible, with future land use elements
1016
and the goals, objectives, and policies of the approved local
1017
government comprehensive plans of the units of local government
1018
located within the jurisdiction of the M.P.O. Each M.P.O. is
1019
encouraged to consider strategies that integrate transportation
1020
and land use planning to provide for sustainable development and
1021
reduce greenhouse gas emissions. The approved long-range
1022
transportation plan must be considered by local governments in
1023
the development of the transportation elements in local
1024
government comprehensive plans and any amendments thereto. The
1025
long-range transportation plan must, at a minimum:
1026
(a) Identify transportation facilities, including, but not
1027
limited to, major roadways, airports, seaports, spaceports,
1028
commuter rail systems, transit systems, and intermodal or
1029
multimodal terminals that will function as an integrated
1030
metropolitan transportation system. The long-range
1031
transportation plan must give emphasis to those transportation
1032
facilities that serve national, statewide, or regional
1033
functions, and must consider the goals and objectives identified
1034
in the Florida Transportation Plan as provided in s. 339.155. If
1035
a project is located within the boundaries of more than one
1036
M.P.O., the M.P.O.'s must coordinate plans regarding the project
1037
in the long-range transportation plan.
1038
(b) Include a financial plan that demonstrates how the
1039
plan can be implemented, indicating resources from public and
1040
private sources which are reasonably expected to be available to
1041
carry out the plan, and recommends any additional financing
1042
strategies for needed projects and programs. The financial plan
1043
may include, for illustrative purposes, additional projects that
1044
would be included in the adopted long-range transportation plan
1045
if reasonable additional resources beyond those identified in
1046
the financial plan were available. For the purpose of developing
1047
the long-range transportation plan, the M.P.O. and the
1048
department shall cooperatively develop estimates of funds that
1049
will be available to support the plan implementation. Innovative
1050
financing techniques may be used to fund needed projects and
1051
programs. Such techniques may include the assessment of tolls,
1052
the use of value capture financing, or the use of value pricing.
1053
(c) Assess capital investment and other measures necessary
1054
to:
1055
1. Ensure the preservation of the existing metropolitan
1056
transportation system including requirements for the operation,
1057
resurfacing, restoration, and rehabilitation of major roadways
1058
and requirements for the operation, maintenance, modernization,
1059
and rehabilitation of public transportation facilities; and
1060
2. Make the most efficient use of existing transportation
1061
facilities to relieve vehicular congestion and maximize the
1062
mobility of people and goods.
1063
(d) Indicate, as appropriate, proposed transportation
1064
enhancement activities, including, but not limited to,
1065
pedestrian and bicycle facilities, scenic easements,
1066
landscaping, historic preservation, mitigation of water
1067
pollution due to highway runoff, and control of outdoor
1068
advertising.
1069
(e) In addition to the requirements of paragraphs (a)-(d),
1070
in metropolitan areas that are classified as nonattainment areas
1071
for ozone or carbon monoxide, the M.P.O. must coordinate the
1072
development of the long-range transportation plan with the State
1073
Implementation Plan developed pursuant to the requirements of
1074
the federal Clean Air Act.
1075
1076
In the development of its long-range transportation plan, each
1077
M.P.O. must provide the public, affected public agencies,
1078
representatives of transportation agency employees, freight
1079
shippers, providers of freight transportation services, private
1080
providers of transportation, representatives of users of public
1081
transit, and other interested parties with a reasonable
1082
opportunity to comment on the long-range transportation plan.
1083
The long-range transportation plan must be approved by the
1084
M.P.O.
1085
(8) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
1086
shall, in cooperation with the state and affected public
1087
transportation operators, develop a transportation improvement
1088
program for the area within the jurisdiction of the M.P.O. In
1089
the development of the transportation improvement program, each
1090
M.P.O. must provide the public, affected public agencies,
1091
representatives of transportation agency employees, freight
1092
shippers, providers of freight transportation services, private
1093
providers of transportation, representatives of users of public
1094
transit, and other interested parties with a reasonable
1095
opportunity to comment on the proposed transportation
1096
improvement program.
1097
(b) Each M.P.O. annually shall prepare a list of project
1098
priorities and shall submit the list to the appropriate district
1099
of the department by October 1 of each year; however, the
1100
department and a metropolitan planning organization may, in
1101
writing, agree to vary this submittal date. The list of project
1102
priorities must be formally reviewed by the technical and
1103
citizens' advisory committees, and approved by the M.P.O.,
1104
before it is transmitted to the district. The approved list of
1105
project priorities must be used by the district in developing
1106
the district work program and must be used by the M.P.O. in
1107
developing its transportation improvement program. The annual
1108
list of project priorities must be based upon project selection
1109
criteria that, at a minimum, consider the following:
1110
1. The approved M.P.O. long-range transportation plan;
1111
2. The Strategic Intermodal System Plan developed under s.
1112
339.64.
1113
3. The priorities developed pursuant to s. 339.2819(4).
1114
4. The results of the transportation management systems;
1115
and
1116
5. The M.P.O.'s public-involvement procedures; and.
1117
6. To provide for sustainable growth and reduce greenhouse
1118
gas emissions.
1119
Section 19. Section 366.82, Florida Statutes, is amended
1120
to read:
1121
366.82 Definition; goals; plans; programs; annual reports;
1122
energy audits.--
1123
(1) For the purposes of ss. 366.80-366.85 and 403.519,
1124
"utility" means any person or entity of whatever form which
1125
provides electricity or natural gas at retail to the public,
1126
specifically including municipalities or instrumentalities
1127
thereof and cooperatives organized under the Rural Electric
1128
Cooperative Law and specifically excluding any municipality or
1129
instrumentality thereof, any cooperative organized under the
1130
Rural Electric Cooperative Law, or any other person or entity
1131
providing natural gas at retail to the public whose annual sales
1132
volume is less than 100 million therms or any municipality or
1133
instrumentality thereof and any cooperative organized under the
1134
Rural Electric Cooperative Law providing electricity at retail
1135
to the public whose annual sales as of July 1, 1993, to end-use
1136
customers is less than 2,000 gigawatt hours.
1137
(2) The commission shall adopt appropriate goals for
1138
increasing the efficiency of energy consumption and increasing
1139
the development of cogeneration, specifically including goals
1140
designed to increase the conservation of expensive resources,
1141
such as petroleum fuels, to reduce and control the growth rates
1142
of electric consumption, and to reduce the growth rates of
1143
weather-sensitive peak demand. The Executive Office of the
1144
Governor shall be a party in the proceedings to adopt goals. The
1145
commission may change the goals for reasonable cause. The time
1146
period to review the goals, however, must shall not exceed 5
1147
years. After the programs and plans to meet those goals are
1148
completed, the commission shall determine what further goals,
1149
programs, or plans are warranted and, if so, shall adopt them.
1150
(3) The commission shall publish a notice of proposed
1151
rulemaking no later than July 1, 2009, requiring electric
1152
utilities to offset 20 percent of their annual load-growth
1153
through energy efficiency and conservation measures thereby
1154
constituting an energy-efficiency portfolio standard. The
1155
commission may allow efficiency investments across generation,
1156
transmission, and distribution as well as efficiencies within
1157
the user base. As part of the implementation rules, the
1158
commission shall create an in-state market for tradable credits
1159
enabling those electric utilities that exceed the standard to
1160
sell credits to those that cannot meet the standard for a given
1161
year. This efficiency standard is separate from and exclusive of
1162
the renewable portfolio standard that requires electricity
1163
providers to obtain a minimum percentage of their power from
1164
renewable energy resources.
1165
(4)(3) Following adoption of goals pursuant to subsection
1166
(3) (2), the commission shall require each utility to develop
1167
plans and programs to meet the overall goals within its service
1168
area. If any plan or program includes loans, collection of
1169
loans, or similar banking functions by a utility and the plan is
1170
approved by the commission, the utility shall perform such
1171
functions, notwithstanding any other provision of the law. The
1172
commission may pledge up to $5 million of the Florida Public
1173
Service Regulatory Trust Fund to guarantee such loans. However,
1174
no utility shall be required to loan its funds for the purpose
1175
of purchasing or otherwise acquiring conservation measures or
1176
devices, but nothing herein shall prohibit or impair the
1177
administration or implementation of a utility plan as submitted
1178
by a utility and approved by the commission under this
1179
subsection. If the commission disapproves a plan, it shall
1180
specify the reasons for disapproval, and the utility whose plan
1181
is disapproved shall resubmit its modified plan within 30 days.
1182
Prior approval by the commission shall be required to modify or
1183
discontinue a plan, or part thereof, which has been approved. If
1184
any utility has not implemented its programs and is not
1185
substantially in compliance with the provisions of its approved
1186
plan at any time, the commission shall adopt programs required
1187
for that utility to achieve the overall goals. Utility programs
1188
may include variations in rate design, load control,
1189
cogeneration, residential energy conservation subsidy, or any
1190
other measure within the jurisdiction of the commission which
1191
the commission finds likely to be effective; this provision
1192
shall not be construed to preclude these measures in any plan or
1193
program.
1194
(5)(4) The commission shall require periodic reports from
1195
each utility and shall provide the Legislature and the Governor
1196
with an annual report by March 1 of the goals it has adopted and
1197
its progress toward meeting those goals. The commission shall
1198
also consider the performance of each utility pursuant to ss.
1199
366.80-366.85 and 403.519 when establishing rates for those
1200
utilities over which the commission has ratesetting authority.
1201
(6) The commission shall require municipal and cooperative
1202
utilities that are exempt from the Florida Energy Efficiency and
1203
Conservation Act to submit an annual report to the commission
1204
identifying energy efficiency and conservation goals and the
1205
actions taken to meet those goals.
1206
(7)(5) The commission shall require each utility to offer,
1207
or to contract to offer, energy audits to its residential
1208
customers. This requirement need not be uniform, but may be
1209
based on such factors as level of usage, geographic location, or
1210
any other reasonable criterion, so long as all eligible
1211
customers are notified. The commission may extend this
1212
requirement to some or all commercial customers. The commission
1213
shall set the charge for audits by rule, not to exceed the
1214
actual cost, and may describe by rule the general form and
1215
content of an audit. In the event one utility contracts with
1216
another utility to perform audits for it, the utility for which
1217
the audits are performed shall pay the contracting utility the
1218
reasonable cost of performing the audits. Each utility over
1219
which the commission has ratesetting authority shall estimate
1220
its costs and revenues for audits, conservation programs, and
1221
implementation of its plan for the immediately following 6-month
1222
period. Reasonable and prudent unreimbursed costs projected to
1223
be incurred, or any portion of such costs, may be added to the
1224
rates which would otherwise be charged by a utility upon
1225
approval by the commission, provided that the commission shall
1226
not allow the recovery of the cost of any company image-
1227
enhancing advertising or of any advertising not directly related
1228
to an approved conservation program. Following each 6-month
1229
period, each utility shall report the actual results for that
1230
period to the commission, and the difference, if any, between
1231
actual and projected results shall be taken into account in
1232
succeeding periods. The state plan as submitted for
1233
consideration under the National Energy Conservation Policy Act
1234
shall not be in conflict with any state law or regulation.
1235
(8)(6)(a) Notwithstanding the provisions of s. 377.703,
1236
the commission shall be the responsible state agency for
1237
performing, coordinating, implementing, or administering the
1238
functions of the state plan submitted for consideration under
1239
the National Energy Conservation Policy Act and any acts
1240
amendatory thereof or supplemental thereto and for performing,
1241
coordinating, implementing, or administering the functions of
1242
any future federal program delegated to the state which relates
1243
to consumption, utilization, or conservation of electricity or
1244
natural gas; and the commission shall have exclusive
1245
responsibility for preparing all reports, information, analyses,
1246
recommendations, and materials related to consumption,
1247
utilization, or conservation of electrical energy which are
1248
required or authorized by s. 377.703.
1249
(b) The Executive Office of the Governor shall be a party
1250
in the proceedings to adopt goals and shall file with the
1251
commission comments on the proposed goals including, but not
1252
limited to:
1253
1. An evaluation of utility load forecasts, including an
1254
assessment of alternative supply and demand side resource
1255
options.
1256
2. An analysis of various policy options which can be
1257
implemented to achieve a least-cost strategy.
1258
(9)(7) The commission shall establish all minimum
1259
requirements for energy auditors used by each utility. The
1260
commission is authorized to contract with any public agency or
1261
other person to provide any training, testing, evaluation, or
1262
other step necessary to fulfill the provisions of this
1263
subsection.
1264
(10) The commission shall immediately initiate rulemaking
1265
to allow utilities to install solar hot water systems and other
1266
renewable energy-efficient technologies in residential homes and
1267
commercial facilities while retaining ownership of those
1268
systems. Utility expenditures for this purpose shall be placed
1269
in the utility's rate base as a capital investment. In applying
1270
this subsection, the commission may provide for accelerated
1271
depreciation. A utility may apply the credits for the investment
1272
in solar hot water systems or other renewable energy-efficient
1273
technologies to its renewable portfolio standard or its energy-
1274
efficiency portfolio standard as determined in subsection (3).
1275
Section 20. Paragraph (d) of subsection (1) of section
1276
366.8255, Florida Statutes, is amended to read:
1277
366.8255 Environmental cost recovery.--
1278
(1) As used in this section, the term:
1279
(d) "Environmental compliance costs" includes all costs or
1280
expenses incurred by an electric utility in complying with
1281
environmental laws or regulations, including, but not limited
1282
to:
1283
1. Inservice capital investments, including the electric
1284
utility's last authorized rate of return on equity thereon;
1285
2. Operation and maintenance expenses;
1286
3. Fuel procurement costs;
1287
4. Purchased power costs;
1288
5. Emission allowance costs;
1289
6. Direct taxes on environmental equipment; and
1290
7. Costs or expenses prudently incurred by an electric
1291
utility pursuant to an agreement entered into on or after the
1292
effective date of this act and prior to October 1, 2002, between
1293
the electric utility and the Florida Department of Environmental
1294
Protection or the United States Environmental Protection Agency
1295
for the exclusive purpose of ensuring compliance with ozone
1296
ambient air quality standards by an electrical generating
1297
facility owned by the electric utility;.
1298
8. Costs or expenses prudently incurred for scientific
1299
research and geological assessments of carbon capture and
1300
storage for the purpose of reducing an electric utility's
1301
greenhouse gas emissions as defined in s. 403.44 when such costs
1302
or expenses are incurred in joint research projects with this
1303
state's government agencies and universities; and
1304
9. Costs or expenses prudently incurred for the
1305
quantification, reporting, and verification of greenhouse gas
1306
emissions by third parties as required for participation in
1307
emission registries.
1308
Section 21. Section 377.601, Florida Statutes, is amended
1309
to read:
1310
377.601 Legislative intent.--
1311
(1) The Legislature finds that this state's energy
1312
security can be increased by lessening dependence on foreign
1313
oil, that the impacts of global climate change can be reduced
1314
through the reduction of greenhouse gas emissions, and that the
1315
implementation of alternative energy technologies can be the
1316
source of new jobs and employment opportunities for many
1317
Floridians. The Legislature further finds that this state is
1318
positioned at the front line against potential impacts of global
1319
climate change. Human and economic costs of those impacts can be
1320
averted and, where necessary, adapted to by a concerted effort
1321
to make this state's communities more resilient and less
1322
vulnerable to these impacts. In focusing the government's policy
1323
and efforts to protect this state, its residents, and resources,
1324
the Legislature believes that a single government entity that
1325
has energy and climate change as its specific focus is both
1326
desirable and advantageous. the ability to deal effectively with
1327
present shortages of resources used in the production of energy
1328
is aggravated and intensified because of inadequate or
1329
nonexistent information and that intelligent response to these
1330
problems and to the development of a state energy policy demands
1331
accurate and relevant information concerning energy supply,
1332
distribution, and use. The Legislature finds and declares that a
1333
procedure for the collection and analysis of data on the energy
1334
flow in this state is essential to the development and
1335
maintenance of an energy profile defining the characteristics
1336
and magnitudes of present and future energy demands and
1337
availability so that the state may rationally deal with present
1338
energy problems and anticipate future energy problems.
1339
(2) The Legislature further recognizes that every state
1340
official dealing with energy problems should have current and
1341
reliable information on the types and quantity of energy
1342
resources produced, imported, converted, distributed, exported,
1343
stored, held in reserve, or consumed within the state.
1344
(3) It is the intent of the Legislature in the passage of
1345
this act to provide the necessary mechanisms for the effective
1346
development of information necessary to rectify the present lack
1347
of information which is seriously handicapping the state's
1348
ability to deal effectively with the energy problem. To this
1349
end, the provisions of ss. 377.601-377.608 should be given the
1350
broadest possible interpretation consistent with the stated
1351
legislative desire to procure vital information.
1352
(2)(4) It is the policy of the State of Florida to:
1353
(a) Recognize and address the potential impacts of global
1354
climate change wherever possible. Develop and promote the
1355
effective use of energy in the state and discourage all forms of
1356
energy waste.
1357
(b) Play a leading role in developing and instituting
1358
energy management programs aimed at promoting energy
1359
conservation, energy security, and the reduction of greenhouse
1360
gas emissions.
1361
(c) Include energy considerations in all state, regional,
1362
and local planning.
1363
(d) Utilize and manage effectively energy resources used
1364
within state agencies.
1365
(e) Encourage local governments to include energy
1366
considerations in all planning and to support their work in
1367
promoting energy management programs.
1368
(f) Include the full participation of citizens in the
1369
development and implementation of energy programs.
1370
(g) Consider in its decisions the energy needs of each
1371
economic sector, including residential, industrial, commercial,
1372
agricultural, and governmental uses, and to reduce those needs
1373
whenever possible.
1374
(h) Promote energy education and the public dissemination
1375
of information on energy and its environmental, economic, and
1376
social impact.
1377
(i) Encourage the research, development, demonstration,
1378
and application of alternative energy resources, particularly
1379
renewable energy resources.
1380
(j) Consider, in its decisionmaking, the social, economic,
1381
security, and environmental impacts of energy-related
1382
activities, including the whole life-cycle impacts of any
1383
potential energy use choices, so that detrimental effects of
1384
these activities are understood and minimized.
1385
(k) Develop and maintain energy emergency preparedness
1386
plans to minimize the effects of an energy shortage within
1387
Florida.
1388
Section 22. Subsection (1) and paragraph (f) of subsection
1389
(3) of section 377.703, Florida Statutes, are amended to read:
1390
377.703 Additional functions of the Department of
1391
Environmental Protection; energy emergency contingency plan;
1392
federal and state conservation programs.--
1393
(1) LEGISLATIVE INTENT.--Recognizing that energy supply
1394
and demand questions have become a major area of concern to the
1395
state which must be dealt with by effective and well-coordinated
1396
state action, it is the intent of the Legislature to promote the
1397
efficient, effective, and economical management of energy
1398
problems, centralize energy coordination responsibilities,
1399
pinpoint responsibility for conducting energy programs, and
1400
ensure the accountability of state agencies for the
1401
implementation of s. 377.601 s. 377.601(4), the state energy
1402
policy. It is the specific intent of the Legislature that
1403
nothing in this act shall in any way change the powers, duties,
1404
and responsibilities assigned by the Florida Electrical Power
1405
Plant Siting Act, part II of chapter 403, or the powers, duties,
1406
and responsibilities of the Florida Public Service Commission.
1407
(3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The
1408
Department of Environmental Protection shall, in addition to
1409
assuming the duties and responsibilities provided by ss. 20.255
1410
and 377.701, perform the following functions consistent with the
1411
development of a state energy policy:
1412
(f) The department shall make a report, as requested by
1413
the Governor or the Legislature, reflecting its activities and
1414
making recommendations of policies for improvement of the
1415
state's response to energy supply and demand and its effect on
1416
the health, safety, and welfare of the people of Florida. The
1417
report shall include a report from the Florida Public Service
1418
Commission on electricity and natural gas and information on
1419
energy conservation programs conducted and under way in the past
1420
year and shall include recommendations for energy conservation
1421
programs for the state, including, but not limited to, the
1422
following factors:
1423
1. Formulation of specific recommendations for improvement
1424
in the efficiency of energy utilization in governmental,
1425
residential, commercial, industrial, and transportation sectors.
1426
2. Collection and dissemination of information relating to
1427
energy conservation.
1428
3. Development and conduct of educational and training
1429
programs relating to energy conservation.
1430
4. An analysis of the ways in which state agencies are
1431
seeking to implement s. 377.601 s. 377.601(4), the state energy
1432
policy, and recommendations for better fulfilling this policy.
1433
Section 23. Section 377.804, Florida Statutes, is amended
1434
to read:
1435
377.804 Renewable Energy and Energy-Efficient Technologies
1436
Grants Program.--
1437
(1) The Renewable Energy and Energy-Efficient Technologies
1438
Grants Program is established within the department to provide
1439
renewable energy matching grants for demonstration,
1440
commercialization, research, and development projects relating
1441
to renewable energy technologies and innovative technologies
1442
that significantly increase energy efficiency for vehicles and
1443
commercial buildings.
1444
(2) Matching grants for renewable energy technology
1445
demonstration, commercialization, research, and development
1446
projects may be made to any of the following:
1447
(a) Municipalities and county governments.
1448
(b) Established for-profit companies licensed to do
1449
business in the state.
1450
(c) Universities and colleges in the state.
1451
(d) Utilities located and operating within the state.
1452
(e) Not-for-profit organizations.
1453
(f) Other qualified persons, as determined by the
1454
department.
1455
(3) The department may adopt rules pursuant to ss.
1456
120.536(1) and 120.54 to provide for application requirements,
1457
provide for ranking of applications, and administer the awarding
1458
of grants under this program.
1459
(4) Factors the department shall consider in awarding
1460
grants include, but are not limited to:
1461
(a) The availability of matching funds or other in-kind
1462
contributions applied to the total project from an applicant.
1463
The department shall give greater preference to projects that
1464
provide such matching funds or other in-kind contributions.
1465
(b) The degree to which the project stimulates in-state
1466
capital investment and economic development in metropolitan and
1467
rural areas, including the creation of jobs and the future
1468
development of a commercial market for renewable energy
1469
technologies.
1470
(c) The extent to which the proposed project has been
1471
demonstrated to be technically feasible based on pilot project
1472
demonstrations, laboratory testing, scientific modeling, or
1473
engineering or chemical theory that supports the proposal.
1474
(d) The degree to which the project incorporates an
1475
innovative new technology or an innovative application of an
1476
existing technology.
1477
(e) The degree to which a project generates thermal,
1478
mechanical, or electrical energy by means of a renewable energy
1479
resource that has substantial long-term production potential.
1480
(f) The degree to which a project demonstrates efficient
1481
use of energy and material resources.
1482
(g) The degree to which the project fosters overall
1483
understanding and appreciation of renewable energy technologies.
1484
(h) The ability to administer a complete project.
1485
(i) Project duration and timeline for expenditures.
1486
(j) The geographic area in which the project is to be
1487
conducted in relation to other projects.
1488
(k) The degree of public visibility and interaction.
1489
(5) The department shall solicit the expertise of other
1490
state agencies in evaluating project proposals. State agencies
1491
shall cooperate with the Department of Environmental Protection
1492
and provide such assistance as requested.
1493
(6) Each application must be accompanied by an affidavit
1494
from the applicant attesting to the veracity of the statements
1495
contained in the application.
1496
Section 24. Section 377.806, Florida Statutes, is amended
1497
to read:
1498
377.806 Solar Energy System Incentives Program.--
1499
(1) PURPOSE.--The Solar Energy System Incentives Program
1500
is established within the department to provide financial
1501
incentives for the purchase and installation of solar energy
1502
systems. Any resident of the state who purchases and installs a
1503
new solar energy system of 2 kilowatts or larger for a solar
1504
photovoltaic system, a solar energy system that provides at
1505
least 50 percent of a building's hot water consumption for a
1506
solar thermal system, or a solar thermal pool heater, from July
1507
1, 2006, through June 30, 2010, is eligible for a rebate on a
1508
portion of the purchase price of that solar energy system.
1509
(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
1510
(a) Eligibility requirements.--A solar photovoltaic system
1511
qualifies for a rebate if:
1512
1. The system is installed by a state-licensed master
1513
electrician, electrical contractor, or solar contractor.
1514
2. The system complies with state interconnection
1515
standards as provided by the commission.
1516
3. The system complies with all applicable building codes
1517
as defined by the Florida Building Code local jurisdictional
1518
authority.
1519
(b) Rebate amounts.--The rebate amount shall be set at $4
1520
per watt based on the total wattage rating of the system. The
1521
maximum allowable rebate per solar photovoltaic system
1522
installation shall be as follows:
1523
1. Twenty thousand dollars for a residence.
1524
2. One hundred thousand dollars for a place of business, a
1525
publicly owned or operated facility, or a facility owned or
1526
operated by a private, not-for-profit organization, including
1527
condominiums or apartment buildings.
1528
(3) SOLAR THERMAL SYSTEM INCENTIVE.--
1529
(a) Eligibility requirements.--A solar thermal system
1530
qualifies for a rebate if:
1531
1. The system is installed by a state-licensed solar or
1532
plumbing contractor.
1533
2. The system complies with all applicable building codes
1534
as defined by the Florida Building Code local jurisdictional
1535
authority.
1536
(b) Rebate amounts.--Authorized rebates for installation
1537
of solar thermal systems shall be as follows:
1538
1. Five hundred dollars for a residence.
1539
2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000
1540
for a place of business, a publicly owned or operated facility,
1541
or a facility owned or operated by a private, not-for-profit
1542
organization, including condominiums or apartment buildings. Btu
1543
must be verified by approved metering equipment.
1544
(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
1545
(a) Eligibility requirements.--A solar thermal pool heater
1546
qualifies for a rebate if the system is installed by a state-
1547
licensed solar or plumbing contractor and the system complies
1548
with all applicable building codes as defined by the Florida
1549
Building Code local jurisdictional authority.
1550
(b) Rebate amount.--Authorized rebates for installation of
1551
solar thermal pool heaters shall be $100 per installation.
1552
(5) APPLICATION.--Application for a rebate must be made
1553
within 90 days after the purchase of the solar energy equipment.
1554
(6) REBATE AVAILABILITY.--The department shall determine
1555
and publish on a regular basis the amount of rebate funds
1556
remaining in each fiscal year. The total dollar amount of all
1557
rebates issued by the department is subject to the total amount
1558
of appropriations in any fiscal year for this program. If funds
1559
are insufficient during the current fiscal year, any requests
1560
for rebates received during that fiscal year may be processed
1561
during the following fiscal year. Requests for rebates received
1562
in a fiscal year that are processed during the following fiscal
1563
year shall be given priority over requests for rebates received
1564
during the following fiscal year.
1565
(7) RULES.--The department shall adopt rules pursuant to
1566
ss. 120.536(1) and 120.54 to develop rebate applications and
1567
administer the issuance of rebates.
1568
Section 25. Section 403.44, Florida Statutes, is created
1569
to read:
1570
403.44 Florida Climate Protection Act.--
1571
(1) The Legislature finds it is in the best interest of
1572
this state to document, to the greatest extent practicable,
1573
greenhouse gas (GHG) emissions and to pursue a market-based
1574
emissions-abatement program, such as cap-and-trade, to address
1575
GHG emissions reductions.
1576
(2) As used in this section, the term:
1577
(a) "Allowance" means a credit issued by the department
1578
through allotments or auction which represents an authorization
1579
to emit specific amounts of greenhouse gases, as further defined
1580
in department rule.
1581
(b) "Cap-and-trade" or "emissions trading" means an
1582
administrative approach used to control pollution by providing a
1583
limit on total allowable emissions, providing for allowances to
1584
emit pollutants, and providing for the transfer of the
1585
allowances among pollutant sources as a means of compliance with
1586
emission limits.
1587
(c) "Greenhouse gas" means carbon dioxide, methane,
1588
nitrous oxide, and fluorinated gases such as hydrofluorocarbons,
1589
perfluorocarbons, and sulfur hexafluoride.
1590
(d) "Leakage" means the offset of emission abatement that
1591
is achieved in one location subject to emission control
1592
regulation by increased emissions in unregulated locations.
1593
(e) "Major emitter" means an electric utility regulated
1594
under this chapter.
1595
(3) A major emitter must use The Climate Registry for
1596
purposes of emission registration and reporting.
1597
(4) The Department of Environmental Protection shall
1598
establish the methodologies, reporting periods, and reporting
1599
systems that must be used when major emitters report to The
1600
Climate Registry. The department may require the use of quality-
1601
assured data from continuous emissions-monitoring systems.
1602
(5) The department may adopt rules for a cap-and-trade
1603
regulatory program to reduce greenhouse gas emissions from major
1604
emitters. When developing the rules, the department shall
1605
consult with the Governor's Action Team on Energy and Climate
1606
Change, the Public Service Commission, and the Florida Energy
1607
Commission. The rules shall not become effective until ratified
1608
by the Legislature.
1609
(6) The rules of the cap-and-trade regulatory program
1610
shall include, but are not limited to:
1611
(a) A statewide limit or cap on the amount of GHG
1612
emissions emitted by major emitters.
1613
(b) Methods, requirements, and conditions for allocating
1614
the cap among major emitters.
1615
(c) Methods, requirements, and conditions for emissions
1616
allowances and the process for issuing emissions allowances.
1617
(d) The relationship between allowances and the specific
1618
amounts of greenhouse gases they represent.
1619
(e) A process for the trade of allowances between major
1620
emitters, including a registry, tracking, or accounting system
1621
for such trades.
1622
(f) Cost-containment mechanisms in order to reduce price
1623
and cost risks associated with the electric generation market in
1624
this state.
1625
(g) A process to allow the department to exercise its
1626
authority to discourage leakage of GHG emissions to neighboring
1627
states attributable to the implementation of this program.
1628
(h) Provisions for a trial period on the trading of
1629
allowances before full implementation of a trading system.
1630
(i) Other requirements necessary or desirable to implement
1631
this section.
1632
Section 26. Subsection (1) of section 403.506, Florida
1633
Statutes, is amended to read:
1634
403.506 Applicability, thresholds, and certification.--
1635
(1) The provisions of this act shall apply to any
1636
electrical power plant as defined herein, except that the
1637
provisions of this act shall not apply to any electrical power
1638
plant or steam generating plant of less than 75 megawatts in
1639
gross capacity including its associated facilities or to any
1640
substation to be constructed as part of an associated
1641
transmission line unless the applicant has elected to apply for
1642
certification of such electrical power plant or substation under
1643
this act. The provisions of this act shall not apply to any unit
1644
capacity expansions expansion of 75 35 megawatts or less, in the
1645
aggregate, of an existing exothermic reaction cogeneration
1646
electrical generating facility unit that was exempt from this
1647
act when it was originally built; however, this exemption shall
1648
not apply if the unit uses oil or natural gas for purposes other
1649
than unit startup. No construction of any new electrical power
1650
plant or expansion in steam generating capacity as measured by
1651
an increase in the maximum electrical generator rating of any
1652
existing electrical power plant may be undertaken after October
1653
1, 1973, without first obtaining certification in the manner as
1654
herein provided, except that this act shall not apply to any
1655
such electrical power plant which is presently operating or
1656
under construction or which has, upon the effective date of
1657
chapter 73-33, Laws of Florida, applied for a permit or
1658
certification under requirements in force prior to the effective
1659
date of such act.
1660
Section 27. Section 403.7055, Florida Statutes, is created
1661
to read:
1662
403.7055 Methane capture.--
1663
(1) Each county is encouraged to form multicounty regional
1664
solutions to the capture and reuse or sale of methane gas from
1665
landfills and wastewater treatment facilities.
1666
(2) The department shall provide planning guidelines and
1667
technical assistance to each county to develop and implement
1668
such multicounty efforts.
1669
Section 28. Section 489.145, Florida Statutes, is amended
1670
to read:
1671
489.145 Guaranteed energy performance savings
1672
contracting.--
1673
(1) SHORT TITLE.--This section may be cited as the
1674
"Guaranteed Energy Performance Savings Contracting Act."
1675
(2) LEGISLATIVE FINDINGS.--The Legislature finds that
1676
investment in energy conservation measures in agency facilities
1677
can reduce the amount of energy consumed and produce immediate
1678
and long-term savings. It is the policy of this state to
1679
encourage agencies to invest in energy conservation measures
1680
that reduce energy consumption, produce a cost savings for the
1681
agency, and improve the quality of indoor air in public
1682
facilities and to operate, maintain, and, when economically
1683
feasible, build or renovate existing agency facilities in such a
1684
manner as to minimize energy consumption and maximize energy
1685
savings. It is further the policy of this state that agencies
1686
share in the monetary savings resulting from energy performance
1687
contracting and to encourage agencies to reinvest any energy
1688
savings resulting from energy conservation measures in
1689
additional energy conservation efforts.
1690
(3) DEFINITIONS.--As used in this section, the term:
1691
(a) "Agency" means the state, a municipality, or a
1692
political subdivision.
1693
(b) "Energy conservation measure" means a training
1694
program, facility alteration, or equipment purchase to be used
1695
in new construction, including an addition to an existing
1696
facility, which reduces energy or energy-related operating costs
1697
and includes, but is not limited to:
1698
1. Insulation of the facility structure and systems within
1699
the facility.
1700
2. Storm windows and doors, caulking or weatherstripping,
1701
multiglazed windows and doors, heat-absorbing, or heat-
1702
reflective, glazed and coated window and door systems,
1703
additional glazing, reductions in glass area, and other window
1704
and door system modifications that reduce energy consumption.
1705
3. Automatic energy control systems.
1706
4. Heating, ventilating, or air-conditioning system
1707
modifications or replacements.
1708
5. Replacement or modifications of lighting fixtures to
1709
increase the energy efficiency of the lighting system, which, at
1710
a minimum, must conform to the applicable state or local
1711
building code.
1712
6. Energy recovery systems.
1713
7. Cogeneration systems that produce steam or forms of
1714
energy such as heat, as well as electricity, for use primarily
1715
within a facility or complex of facilities.
1716
8. Energy conservation measures that reduce British
1717
thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
1718
consumed or provide long-term operating cost reductions or
1719
significantly reduce Btu consumed.
1720
9. Renewable energy systems, such as solar, biomass, or
1721
wind systems.
1722
10. Devices that reduce water consumption or sewer
1723
charges.
1724
11. Storage systems, such as fuel cells and thermal
1725
storage.
1726
12. Generating technologies, such as microturbines.
1727
13. Any other repair, replacement, or upgrade of existing
1728
equipment.
1729
(c) "Energy cost savings" means a measured reduction in
1730
the cost of fuel, energy consumption, and stipulated operation
1731
and maintenance created from the implementation of one or more
1732
energy conservation measures when compared with an established
1733
baseline for the previous cost of fuel, energy consumption, and
1734
stipulated operation and maintenance.
1735
(d) "Guaranteed energy performance savings contract" means
1736
a contract for the evaluation, recommendation, and
1737
implementation of energy conservation measures or energy-related
1738
operational cost-saving measures, which, at a minimum, shall
1739
include:
1740
1. The design and installation of equipment to implement
1741
one or more of such measures and, if applicable, operation and
1742
maintenance of such measures.
1743
2. The amount of any actual annual savings that meet or
1744
exceed total annual contract payments made by the agency for the
1745
contract.
1746
3. The finance charges incurred by the agency over the
1747
life of the contract and may include allowable cost avoidance.
1748
As used in this section, allowable cost-avoidance calculations
1749
include, but are not limited to, avoided provable budgeted costs
1750
contained in a capital replacement plan less the current
1751
undepreciated value of replaced equipment and the replacement
1752
cost of the new equipment.
1753
(e) "Guaranteed energy performance savings contractor"
1754
means a person or business that is licensed under chapter 471,
1755
chapter 481, or this chapter, and is experienced in the
1756
analysis, design, implementation, or installation of energy
1757
conservation measures through energy performance contracts.
1758
(4) PROCEDURES.--
1759
(a) An agency may enter into a guaranteed energy
1760
performance savings contract with a guaranteed energy
1761
performance savings contractor to significantly reduce energy
1762
consumption or energy-related operating costs of an agency
1763
facility through one or more energy conservation measures.
1764
(b) Before design and installation of energy conservation
1765
measures, the agency must obtain from a guaranteed energy
1766
performance savings contractor a report that summarizes the
1767
costs associated with the energy conservation measures or
1768
energy-related operational cost-saving measures and provides an
1769
estimate of the amount of the energy cost savings. The agency
1770
and the guaranteed energy performance savings contractor may
1771
enter into a separate agreement to pay for costs associated with
1772
the preparation and delivery of the report; however, payment to
1773
the contractor shall be contingent upon the report's projection
1774
of energy or operational cost savings being equal to or greater
1775
than the total projected costs of the design and installation of
1776
the report's energy conservation measures.
1777
(c) The agency may enter into a guaranteed energy
1778
performance savings contract with a guaranteed energy
1779
performance savings contractor if the agency finds that the
1780
amount the agency would spend on the energy conservation or
1781
energy-related cost-saving measures will not likely exceed the
1782
amount of the energy or energy-related cost savings for up to 20
1783
years from the date of installation, based on the life cycle
1784
cost calculations provided in s. 255.255, if the recommendations
1785
in the report were followed and if the qualified provider or
1786
providers give a written guarantee that the energy or energy-
1787
related cost savings will meet or exceed the costs of the
1788
system. However, actual computed cost savings must meet or
1789
exceed the estimated cost savings provided in each agency's
1790
program approval. Baseline adjustments used in calculations must
1791
be specified in the contract. The contract may provide for
1792
installment payments for a period not to exceed 20 years.
1793
(d) A guaranteed energy performance savings contractor
1794
must be selected in compliance with s. 287.055; except that if
1795
fewer than three firms are qualified to perform the required
1796
services, the requirement for agency selection of three firms,
1797
as provided in s. 287.055(4)(b), and the bid requirements of s.
1798
287.057 do not apply.
1799
(e) Before entering into a guaranteed energy performance
1800
savings contract, an agency must provide published notice of the
1801
meeting in which it proposes to award the contract, the names of
1802
the parties to the proposed contract, and the contract's
1803
purpose.
1804
(f) A guaranteed energy performance savings contract may
1805
provide for financing, including tax-exempt financing, by a
1806
third party. The contract for third party financing may be
1807
separate from the energy performance contract. A separate
1808
contract for third party financing must include a provision that
1809
the third party financier under this paragraph must not be
1810
granted rights or privileges that exceed the rights and
1811
privileges available to the guaranteed energy performance
1812
savings contractor.
1813
(g) Financing for guaranteed energy performance savings
1814
contracts may be provided under the authority of s. 287.064.
1815
(h) The office of the Chief Financial Officer shall review
1816
proposals from state agencies to ensure that the most effective
1817
financing is being used.
1818
(i)(g) In determining the amount the agency will finance
1819
to acquire the energy conservation measures, the agency may
1820
reduce such amount by the application of any grant moneys,
1821
rebates, or capital funding available to the agency for the
1822
purpose of buying down the cost of the guaranteed energy
1823
performance savings contract. However, in calculating the life
1824
cycle cost as required in paragraph (c), the agency shall not
1825
apply any grants, rebates, or capital funding.
1826
(5) CONTRACT PROVISIONS.--
1827
(a) A guaranteed energy performance savings contract must
1828
include a written guarantee that may include, but is not limited
1829
to the form of, a letter of credit, insurance policy, or
1830
corporate guarantee by the guaranteed energy performance savings
1831
contractor that annual energy cost savings will meet or exceed
1832
the amortized cost of energy conservation measures.
1833
(b) The guaranteed energy performance savings contract
1834
must provide that all payments, except obligations on
1835
termination of the contract before its expiration, may be made
1836
over time, but not to exceed 20 years from the date of complete
1837
installation and acceptance by the agency, and that the annual
1838
savings are guaranteed to the extent necessary to make annual
1839
payments to satisfy the guaranteed energy performance savings
1840
contract.
1841
(c) The guaranteed energy performance savings contract
1842
must require that the guaranteed energy performance savings
1843
contractor to whom the contract is awarded provide a 100-percent
1844
public construction bond to the agency for its faithful
1845
performance, as required by s. 255.05.
1846
(d) The guaranteed energy performance savings contract may
1847
contain a provision allocating to the parties to the contract
1848
any annual energy cost savings that exceed the amount of the
1849
energy cost savings guaranteed in the contract.
1850
(e) The guaranteed energy performance savings contract
1851
shall require the guaranteed energy performance savings
1852
contractor to provide to the agency an annual reconciliation of
1853
the guaranteed energy or energy-related cost savings. If the
1854
reconciliation reveals a shortfall in annual energy or energy-
1855
related cost savings, the guaranteed energy performance savings
1856
contractor is liable for such shortfall. If the reconciliation
1857
reveals an excess in annual energy cost savings, the excess
1858
savings may be allocated under paragraph (d) but may not be used
1859
to cover potential energy cost savings shortages in subsequent
1860
contract years.
1861
(f) The guaranteed energy performance savings contract
1862
must provide for payments of not less than one-twentieth of the
1863
price to be paid within 2 years from the date of the complete
1864
installation and acceptance by the agency using straight-line
1865
amortization for the term of the loan, and the remaining costs
1866
to be paid at least quarterly, not to exceed a 20-year term,
1867
based on life cycle cost calculations.
1868
(g) The guaranteed energy performance savings contract may
1869
extend beyond the fiscal year in which it becomes effective;
1870
however, the term of any contract expires at the end of each
1871
fiscal year and may be automatically renewed annually for up to
1872
20 years, subject to the agency making sufficient annual
1873
appropriations based upon continued realized energy savings.
1874
(h) The guaranteed energy performance savings contract
1875
must stipulate that it does not constitute a debt, liability, or
1876
obligation of the state.
1877
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1878
Department of Management Services, with the assistance of the
1879
Office of the Chief Financial Officer, shall may, within
1880
available resources, provide technical assistance to state
1881
agencies contracting for energy conservation measures and engage
1882
in other activities considered appropriate by the department for
1883
promoting and facilitating guaranteed energy performance
1884
contracting by state agencies. The Office of the Chief Financial
1885
Officer, with the assistance of the Department of Management
1886
Services, shall may, within available resources, develop model
1887
contractual and related documents for use by state agencies.
1888
Prior to entering into a guaranteed energy performance savings
1889
contract, any contract or lease for third-party financing, or
1890
any combination of such contracts, a state agency shall submit
1891
such proposed contract or lease to the Office of the Chief
1892
Financial Officer for review and approval. A proposed contract
1893
or lease must include:
1894
(a) Supporting information required by s. 216.023(4)(a);
1895
(b) Documentation supporting recurring funds requirements
1896
in ss. 287.063(5) and 287.064(11);
1897
(c) Approval by the chief executive officer of the state
1898
agency, or his or her designee; and
1899
(d) An agency measurement and verification plan to monitor
1900
costs savings.
1901
(7) FUNDING SUPPORT.--For purposes of consolidated
1902
financing of deferred payment commodity contracts under this
1903
section by an agency, any contract must be supported from
1904
available funds appropriated to the agency in an appropriation
1905
category, as defined in chapter 216, which the Chief Financial
1906
Officer has determined is appropriate or which the Legislature
1907
has designated for payment of the obligation incurred under this
1908
section. The Office of the Chief Financial Officer may not
1909
approve any contract submitted under this section from a state
1910
agency which does not meet the requirements of this section.
1911
Section 29. Section 526.201, Florida Statutes, is created
1912
to read:
1913
526.201 Short title.--Sections 526.201-526.2012, may be
1914
cited as the "Florida Renewable Fuel Standard Act."
1915
Section 30. Section 526.2011, Florida Statutes, is created
1916
to read:
1917
526.2011 Definitions.--As used in ss. 526.201-526.2012,
1918
the term:
1919
(1) "Blender" means any person who blends any product with
1920
gasoline or diesel fuel and who has been licensed or authorized
1921
as a blender.
1922
(2) "Credits" means allowances as determined by the
1923
department in rule.
1924
(3) "Department" means the Department of Agriculture and
1925
Consumer Services.
1926
(4) "Diesel fuel" means all petroleum distillates commonly
1927
known as diesel #2 or diesel #1 and additives used to meet or
1928
exceed the ASTM fuel specification for "Diesel Fuel Oils" and
1929
which are used in highway and nonroad vehicles and small
1930
portable engines.
1931
(5) "Gasoline" means all gasoline products and additives
1932
used to meet or exceed the ASTM fuel specification for
1933
"Automotive Spark-Ignition Engine Fuel" and which are used in
1934
highway and nonroad vehicles and small portable engines.
1935
(6) "Importer" means any person, firm, association,
1936
corporation, or company that brings gasoline blending stocks or
1937
components from another state or foreign nation into this state.
1938
(7) "Lifecycle greenhouse gas emissions" means the total
1939
emissions of greenhouse gas emissions associated with the
1940
production and distribution of fuels as defined by the
1941
department.
1942
(8) "Refiner" means any person who stores or exchanges
1943
motor fuel at a terminal facility in this state and who sells or
1944
transfers motor fuel through the loading rack at the terminal
1945
facility, and includes an affiliate of the refiner with respect
1946
to such affiliate's sale of motor fuel.
1947
(9) "Renewable fuel" means fuel that is produced from
1948
renewable sources, including, but not limited to, biomass, crop
1949
residue, vegetative waste, yard waste, biogas, animal fats, or
1950
as determined by the department.
1951
(10) "Transportation fuels" includes gasoline and diesel
1952
fuel.
1953
Section 31. Section 526.2012, Florida Statutes, is created
1954
to read:
1955
526.2012 Rules.--
1956
(1) The department shall adopt rules implementing a
1957
renewable fuel standard that requires that no less than 5
1958
percent of transportation fuels, excluding fuels identified by
1959
subsection (4), consumed in this state by year 2012, and no less
1960
than 10 percent by year 2015, shall be renewable fuels.
1961
(2) The department shall publish a notice of proposed
1962
rulemaking no later than January 1, 2009, to adopt rules that:
1963
(a) Require all renewable fuels introduced into commerce
1964
in this state as a result of the renewable fuel standard to
1965
reduce lifecycle greenhouse gas emissions by an average of 40
1966
percent less than this state's transportation fuels portfolio as
1967
of 2007. In meeting this requirement, biofuels having lifecycle
1968
greenhouse gas emissions less than 40 percent may be used meet
1969
the renewable fuel standard if biofuels having lifecycle
1970
greenhouse gas emissions greater than 40 percent are used such
1971
that there is a 40-percent average of lifecycle greenhouse gas
1972
emissions for all fuels refined, imported, or blended during a
1973
single year.
1974
(b) Provide for the creation, banking, transfer, and sale
1975
of credits among fuel refiners, blenders, and importers that:
1976
1. Produce renewable fuels in this state which reduce
1977
lifecycle greenhouse gas emissions by more than 40 percent,
1978
including blends of renewable fuels that exceed the 40-percent
1979
standard;
1980
2. Refine, blend, or import additional renewable fuels
1981
above the 40-percent standard; and
1982
3. Allow for the use of the credits by the generator or
1983
for the transfer of all or a portion of the credits to another
1984
refiner, blender, or importer for the purpose of complying with
1985
the 40-percent standard.
1986
(3) Any waiver or variance to this section must be filed,
1987
in accordance with s. 120.542, with the department no later than
1988
January 1, 2010, and January 1, 2013, respectively, for the
1989
renewable fuel standard.
1990
(4) Blended gasoline or diesel offered for sale, sold, or
1991
dispensed for use in airplanes or watercraft or as fuel for off-
1992
highway motor sports racing events are exempt from the renewable
1993
fuel standard.
1994
(5) Any refiner, blender, or importer in this state who
1995
fails to meet the renewable fuel standard shall be penalized up
1996
to $5 per gallon for every gallon refined, blended, or imported
1997
less than the standard; however, there shall be a 1-month grace
1998
period following each calendar year during which time the
1999
refiner, blender, or importer may remedy any shortage from the
2000
previous year. Gallons refined, blended, or imported during the
2001
grace period for purposes of attaining compliance with the
2002
previous year's standard may not be counted toward attainment of
2003
the standard in the current year.
2004
(6) Every 5 years after year 2012, the department shall
2005
review and revaluate the renewable fuel standard. In its review,
2006
the department shall account for a full life-cycle analysis of
2007
greenhouse gas emission reduction, as well as a comprehensive
2008
resource analysis that supports modifying the renewable fuel
2009
standard.
2010
Section 32. Present subsection (5) of section 553.77,
2011
Florida Statutes, is renumbered as subsection (6), and a new
2012
subsection (5) is added to that section, to read:
2013
553.77 Specific powers of the commission.--
2014
(5) The commission may implement its recommendations
2015
delivered pursuant to subsection (2) of section 48 of chapter
2016
2007-73, Laws of Florida, by amending the Florida Energy
2017
Efficiency Code for Building Construction as provided in s.
2018
553.901.
2019
Section 33. Section 553.886, Florida Statutes, is created
2020
to read:
2021
553.886 Energy-efficiency technologies.--The provisions of
2022
the Florida Building Code must facilitate and promote the use of
2023
cost-effective energy conservation, energy-demand management,
2024
and renewable energy technologies in buildings.
2025
Section 34. Section 553.9061, Florida Statutes, is created
2026
to read:
2027
553.9061 Scheduled increases in thermal efficiency
2028
standards.--
2029
(1) This section establishes a schedule of required
2030
increases in the energy-efficiency performance of buildings that
2031
are subject to the requirements for energy efficiency as
2032
contained in the current edition of the Florida Building Code.
2033
The Florida Building Commission shall implement the following
2034
energy-efficiency goals using the triennial code-adoption
2035
process established for updates to the Florida Building Code in
2036
s. 553.73:
2037
(a) Include requirements in the 2010 edition of the
2038
Florida Building Code to increase the energy-efficiency
2039
performance of new buildings by at least 20 percent as compared
2040
to the performance achieved as a result of the implementation of
2041
the energy-efficiency provisions contained in the current
2042
edition of the Florida Building Code;
2043
(b) Include requirements in the 2013 edition of the
2044
Florida Building Code to increase the energy-efficiency
2045
performance of new buildings by at least 30 percent as compared
2046
to the performance achieved as a result of the implementation of
2047
the energy-efficiency provisions contained in the current
2048
edition of the Florida Building Code;
2049
(c) Include requirements in the 2016 edition of the
2050
Florida Building Code to increase the energy-efficiency
2051
performance of new buildings by at least 40 percent as compared
2052
to the performance achieved as a result of the implementation of
2053
the energy-efficiency provisions contained in the current
2054
edition of the Florida Building Code; and
2055
(d) Include requirements in the 2019 edition of the
2056
Florida Building Code to increase the energy-efficiency
2057
performance of new buildings by at least 50 percent as compared
2058
to the performance achieved as a result of the implementation of
2059
the energy-efficiency provisions contained in the current
2060
edition of the Florida Building Code.
2061
(2) The commission shall identify in any code-support and
2062
compliance documentation the specific building options and
2063
elements available to meet the energy-efficiency performance
2064
requirements required under subsection (1). Energy-efficiency
2065
performance options and elements include, but are not limited
2066
to:
2067
(a) Solar water heating;
2068
(b) Energy-efficient appliances;
2069
(c) Energy-efficient windows, doors, and skylights;
2070
(d) Low solar-absorption roofs, also known as "cool
2071
roofs";
2072
(e) Enhanced ceiling and wall insulation;
2073
(f) Reduced-leak duct systems;
2074
(g) Programmable thermostats; and
2075
(h) Energy-efficient lighting systems.
2076
Section 35. (1) The Florida Building Commission shall
2077
conduct a study to evaluate the energy-efficiency rating of new
2078
buildings and appliances. The study must include a review of the
2079
current energy-efficiency ratings and consumer labeling
2080
requirements contained in chapter 553, Florida Statutes. The
2081
commission shall submit a written report of its study to the
2082
President of the Senate and the Speaker of the House of
2083
Representatives on or before February 1, 2009. The report must
2084
contain the commission's recommendations regarding the
2085
strengthening and integration of energy-efficiency ratings and
2086
labeling requirements.
2087
(2) The provisions of this section expire July 1, 2009.
2088
Section 36. (1) The Florida Building Commission shall
2089
conduct a study to evaluate opportunities to restructure the
2090
Florida Energy Efficiency Code for Building Construction to
2091
achieve long-range improvements to building energy performance.
2092
During such study, the commission shall address the integration
2093
of the Thermal Efficiency Code established in part V of chapter
2094
553, Florida Statutes, the Energy Conservation Standards Act
2095
established in part VI of chapter 553, Florida Statutes, and the
2096
Florida Building Energy-Efficiency Rating Act established in
2097
part VIII of chapter 553, Florida Statutes.
2098
(2) The commission shall submit a report containing
2099
specific recommendations on the integration of the code and acts
2100
identified in subsection (1) to the President of the Senate and
2101
the Speaker of the House of Representatives on or before
2102
February 1, 2009.
2103
(3) The provisions of this section expire July 1, 2009.
2104
Section 37. (1) The Department of Community Affairs, in
2105
conjunction with the Florida Energy Affordability Coalition,
2106
shall identify and review issues relating to the Low-Income Home
2107
Energy Assistance Program and the Weatherization Assistance
2108
Program, and identify recommendations that:
2109
(a) Support customer health, safety, and well-being;
2110
(b) Maximize available financial and energy-conservation
2111
assistance;
2112
(c) Improve the quality of service to customers seeking
2113
assistance; and
2114
(d) Educate customers to make informed decisions regarding
2115
energy use and conservation.
2116
(2) On or before January 1, 2009, the department shall
2117
report its findings and any recommended statutory changes
2118
required to implement such findings to the President of the
2119
Senate and the Speaker of the House of Representatives.
2120
(3) The provisions of this section expire July 1, 2009.
2121
Section 38. Subsection (1) of section 553.957, Florida
2122
Statutes, is amended to read:
2123
553.957 Products covered by this part.--
2124
(1) The provisions of this part apply to the testing,
2125
certification, and enforcement of energy conservation standards
2126
for the following types of new commercial and residential
2127
products sold in the state:
2128
(a) Refrigerators, refrigerator-freezers, and freezers
2129
which can be operated by alternating current electricity,
2130
excluding:
2131
1. Any type designed to be used without doors; and
2132
2. Any type which does not include a compressor and
2133
condenser unit as an integral part of the cabinet assembly.
2134
(b) Lighting equipment.
2135
(c) Showerheads.
2136
(d) Electric water heaters used to heat potable water in
2137
homes or businesses.
2138
(e) Electric motors used to pump water within swimming
2139
pools.
2140
(f) Water heaters for swimming pools.
2141
(g)(d) Any other type of consumer product which the
2142
department classifies as a covered product as specified in this
2143
part.
2144
Section 39. Section 553.975, Florida Statutes, is amended
2145
to read:
2146
553.975 Report to the Governor and Legislature.--The
2147
Public Service Commission shall submit a biennial report to the
2148
Governor, the President of the Senate, and the Speaker of the
2149
House of Representatives, concurrent with the report required by
2150
s. 366.82(5) s. 366.82(4), beginning in 1990. Such report shall
2151
include an evaluation of the effectiveness of these standards on
2152
energy conservation in this state.
2153
Section 40. The Public Service Commission shall analyze
2154
utility revenue decoupling and provide a report and
2155
recommendations to the Governor, the President of the Senate,
2156
and the Speaker of the House of Representatives by January 1,
2157
2009.
2158
Section 41. This act shall take effect July 1, 2008.
2159
2160
================ T I T L E A M E N D M E N T ================
2161
And the title is amended as follows:
2162
Delete everything before the enacting clause
2163
and insert:
2164
A bill to be entitled
2165
An act relating to energy conservation; creating s.
2166
112.219, F.S.; defining terms for purposes of the state
2167
employee telecommuting program; requiring each state
2168
employing entity to complete a telecommuting plan by a
2169
specified date which includes a listing of the job
2170
classifications and positions that the state entity
2171
considers appropriate for telecommuting; providing
2172
requirements for the telecommuting plan; requiring each
2173
state employing entity to post the telecommuting plan on
2174
its website; amending s. 186.007, F.S.; authorizing the
2175
Executive Office of the Governor to include in the state
2176
comprehensive plan goals, objectives, and policies related
2177
energy and global climate change; creating s. 193.804,
2178
F.S.; prohibiting the property appraiser from increasing
2179
the taxable value of homestead property when the taxpayer
2180
adds any solar energy device to the property; authorizing
2181
the property appraiser to refer the matter to the
2182
Department of Environmental Protection if the property
2183
appraiser questions whether a taxpayer is entitled, in
2184
whole or in part, to a solar energy device exemption;
2185
requiring the Department of Environmental Protection to
2186
adopt rules; amending s. 212.08, F.S.; providing that the
2187
sale or use of wind energy or wind turbines is exempt from
2188
sales or use taxes as equipment, machinery, and other
2189
materials used for renewable energy technologies;
2190
requiring the Department of Environmental Protection to
2191
adopt, by rule, an application form, including the
2192
required content and documentation to support the
2193
application, for the taxpayer to use in claiming the tax
2194
exemption; amending s. 220.192, F.S.; defining terms
2195
related to a tax credit; providing that 75 percent of all
2196
capital, operation, and maintenance costs, and research
2197
and development costs incurred between specified dates, up
2198
to a specified limit, may be credited against taxes owed
2199
in connection with an investment in the production of wind
2200
energy; allowing the tax credit to be transferred for a
2201
specified period; providing procedures and requirements;
2202
requiring the Department of Revenue to adopt rules;
2203
amending s. 220.193, F.S.; defining the term "sale" or
2204
sold"; defining the term "taxpayer"; authorizing the
2205
Department of Revenue to adopt rules and forms; providing
2206
that the use of the renewable energy production credit
2207
does not reduce the alternative minimum tax credit;
2208
amending s. 255.249, F.S.; requiring state agencies to
2209
annually provide telecommuting plans to the Department of
2210
Management Services; amending s. 255.251, F.S.; creating
2211
the "Florida Energy Conservation and Sustainable Buildings
2212
Act"; amending s. 255.252, F.S.; providing findings and
2213
legislative intent; providing that it is the policy of the
2214
state that buildings constructed and financed by the
2215
state, or existing buildings renovated by the state, be
2216
designed and constructed with a goal of meeting or
2217
exceeding the Platinum rating of the United States Green
2218
Building Council (USGBC) Leadership in Energy and
2219
Environmental Design (LEED) rating system, the Green
2220
Building Initiative's Green Globes rating system, or the
2221
Florida Green Building Coalition standards; requiring each
2222
state agency to identify and compile a list of energy-
2223
conservation projects that it determines are suitable for
2224
a guaranteed energy performance savings contract; amending
2225
s. 255.253, F.S.; defining terms relating to energy
2226
conservation for buildings; amending s. 255.254, F.S.;
2227
prohibiting a state government entity from leasing or
2228
constructing a facility without having secured from the
2229
Department of Management Services a proper evaluation of
2230
life-cycle costs for the building; amending s. 255.255,
2231
F.S.; requiring the department to use sustainable building
2232
ratings for conducting a life-cycle cost analysis;
2233
amending s. 255.257, F.S.; requiring each state government
2234
entity to adopt the standards of the United States Green
2235
Building Council's Leadership in Energy and Environmental
2236
Design for New Construction (LEED-NC) for all new
2237
buildings, with a goal of achieving the LEED-NC Platinum
2238
level rating for each construction project and to
2239
implement the United States Green Building Council's
2240
Leadership in Energy and Environmental Design for Existing
2241
Buildings (LEED-EB); creating s. 286.275, F.S.; requiring
2242
the Department of Management Services to develop the
2243
Florida Climate Friendly Preferred Products List;
2244
requiring state government entities to consult the list
2245
and purchase products from the list under certain
2246
circumstances; requiring state government entities to
2247
contract for meeting and conference space with facilities
2248
having the "Green Lodging" designation; authorizing the
2249
Department of Environmental Protection to adopt rules;
2250
requiring the department to establish voluntary technical
2251
assistance programs for various businesses; requiring
2252
state government entities to maintain vehicles according
2253
to minimum standards and follow certain procedures when
2254
procuring new vehicles; requiring state government
2255
entities to use ethanol and biodiesel-blended fuels when
2256
available; defining the term "state government entity";
2257
amending s. 287.063, F.S.; prohibiting the payment term
2258
for equipment from exceeding the useful life of the
2259
equipment unless the contract provides for the replacement
2260
or the extension of the useful life of the equipment
2261
during the term of the deferred payment contract; amending
2262
s. 287.064, F.S.; authorizing an extension of the master
2263
equipment financing agreement for energy conservation
2264
equipment; requiring the guaranteed energy performance
2265
savings contractor to provide for the replacement or the
2266
extension of the useful life of the energy conservation
2267
equipment during the term of the contract; amending s.
2268
288.1089, F.S.; defining the term "alternative and
2269
renewable energy"; detailing the conditions for an
2270
alternative and renewable energy project to be eligible
2271
for an innovation incentive award; amending s. 339.175,
2272
F.S.; requiring each metropolitan planning organization to
2273
develop a long-range transportation plan and an annual
2274
project priority list that, among other considerations,
2275
provide for sustainable growth and reduce greenhouse gas
2276
emissions; amending s. 366.82, F.S.; requiring the Public
2277
Service Commission to adopt rules requiring utilities to
2278
offset 20 percent of their annual load-growth through
2279
energy efficiency and conservation measures; requiring the
2280
commission to create an in-state market for tradable
2281
credits enabling those utilities that exceed the
2282
conservation standard to sell credits to those that cannot
2283
meet the standard for a given year; requiring the
2284
commission to require municipal and cooperative utilities
2285
that are exempt from the Energy Efficiency and
2286
Conservation Act to submit an annual report identifying
2287
energy efficiency and conservation goals and the actions
2288
taken to meet those goals; requiring the Public Service
2289
Commission to allow utilities to install solar hot water
2290
systems and other renewable energy-efficient technologies
2291
in residential homes and commercial facilities while
2292
retaining ownership of the systems; amending s. 366.8255,
2293
F.S.; redefining the term "environmental compliance costs"
2294
to include costs or expenses prudently incurred for
2295
scientific research and geological assessments of carbon
2296
capture and storage for the purpose of reducing an
2297
electric utility's greenhouse gas emissions; amending s.
2298
377.601, F.S.; revising legislative intent with respect to
2299
the need to implement alternative energy technologies;
2300
amending s. 377.703, F.S.; conforming cross-references;
2301
amending s. 377.804, F.S., relating to the Renewable
2302
Energy and Energy-Efficient Technologies Grant Program;
2303
providing for the program to include matching grants for
2304
technologies that increase the energy efficiency of
2305
vehicles and commercial buildings; providing application
2306
requirements; amending s. 377.806, F.S., relating to the
2307
Solar Energy System Incentives Program; requiring
2308
compliance with the Florida Building Code rather than
2309
local codes in order to be eligible for a rebate under the
2310
program; creating s. 403.44, F.S.; creating the Florida
2311
Climate Protection Act; defining terms; requiring the
2312
Department of Environmental Protection to establish the
2313
methodologies, reporting periods, and reporting systems
2314
that must be used when major emitters report to The
2315
Climate Registry; authorizing the department to adopt
2316
rules for a cap-and-trade regulatory program to reduce
2317
greenhouse gas emissions from major emitters; providing
2318
for the content of the rule; amending s. 403.506, F.S.;
2319
revising the thresholds and applicability standards of the
2320
Florida Electrical Power Plant Siting Act; deleting a
2321
provision that exempts from the act a steam generating
2322
plant; exempting from the act the associated facilities of
2323
an electrical power plant; creating s. 403.7055, F.S.;
2324
encouraging counties in the state to form regional
2325
solutions to the capture and reuse or sale of methane gas
2326
from landfills and wastewater treatment facilities;
2327
requiring the Department of Environmental Protection to
2328
provide guidelines and assistance; amending s. 489.145,
2329
F.S.; revising provisions of the Guaranteed Energy
2330
Performance Savings Contracting Act; requiring that each
2331
proposed contract or lease contain certain agreements
2332
concerning operational cost-saving measures; requiring the
2333
office of the Chief Financial Officer to review contract
2334
proposals; creating s. 526.201, F.S.; creating the
2335
"Florida Renewable Fuel Standard Act"; creating s.
2336
526.2011, F.S.; defining terms; creating s. 526.2012,
2337
F.S.; requiring the Department of Agriculture and Consumer
2338
Services to adopt rules by a specified date to require
2339
that all renewable fuels introduced into commerce in this
2340
state as a result of the renewable fuel standard reduce
2341
lifecycle greenhouse gas emissions by an average of 40
2342
percent less than this state's transportation fuels
2343
portfolio as of 2007; providing for further content of the
2344
rule; providing that a refiner, blender, or importer who
2345
fails to meet the renewable fuel standard shall be
2346
penalized up to $5 per gallon for every gallon refined,
2347
blended, or imported less than the standard; requiring the
2348
department to reevaluate the renewable fuel standards
2349
every 5 years after the year 2012; amending s. 553.77,
2350
F.S.; authorizing the commission to implement
2351
recommendations relating to energy efficiency in
2352
residential and commercial buildings; creating s. 553.886,
2353
F.S.; requiring that the Florida Building Code facilitate
2354
and promote the use of certain renewable energy
2355
technologies in buildings; creating s. 553.9061, F.S.;
2356
requiring the Florida Building Commission to establish a
2357
schedule of increases in the energy performance of
2358
buildings subject to the Energy Efficiency Code for
2359
Building Construction; providing a process for
2360
implementing goals to increase energy-efficiency
2361
performance in new buildings; providing a schedule for the
2362
implementation of such goals; identifying energy-
2363
efficiency performance options and elements available to
2364
meet energy-efficiency performance requirements; providing
2365
a schedule for the review and adoption of renewable
2366
energy-efficiency goals by the commission; requiring the
2367
commission to conduct a study to evaluate the energy-
2368
efficiency rating of new buildings and appliances;
2369
requiring the commission to submit a report to the
2370
President of the Senate and the Speaker of the House of
2371
Representatives on or before a specified date; requiring
2372
the commission to conduct a study to evaluate
2373
opportunities to restructure the Florida Energy Code for
2374
Building Construction, including the integration of the
2375
Thermal Efficiency Code, the Energy Conservation Standards
2376
Act, and the Florida Building Energy-Efficiency Rating
2377
Act; requiring the commission to submit a report to the
2378
President of the Senate and the Speaker of the House of
2379
Representatives on or before a specified date; directing
2380
the Department of Community Affairs, in conjunction with
2381
the Florida Energy Affordability Council, to identify and
2382
review issues relating to the Low-Income Home Energy
2383
Assistance Program and the Weatherization Assistance
2384
Program; requiring the submission of a report to the
2385
President of the Senate and the Speaker of the House of
2386
Representatives on or before a specified date; providing
2387
for the expiration of certain study requirements; amending
2388
s. 553.957, F.S.; including certain home and commercial
2389
appliances in the requirements for testing and
2390
certification for meeting certain energy-conservation
2391
standards; amending s. 553.975, F.S.; conforming a cross-
2392
reference; requiring the Public Service Commission to
2393
analyze utility revenue decoupling and provide a report
2394
and recommendations to the Governor, the President of the
2395
Senate, and the Speaker of the House of Representatives by
2396
a specified date; providing an effective date.
3/18/2008 11:11:00 AM EP.EP.05216
CODING: Words stricken are deletions; words underlined are additions.