Florida Senate - 2008 CS for CS for SB 1544
By the Committees on Communications and Public Utilities; Environmental Preservation and Conservation; and Senator Saunders
579-06014A-08 20081544c2
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A bill to be entitled
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An act relating to energy conservation; amending s.
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74.051, F.S.; requiring a court to conduct a hearing and
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issue a final judgment on a petition for a taking within
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specified times after a utility's request for such
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hearing; creating s. 112.219, F.S.; defining terms for
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purposes of the state employee telecommuting program;
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requiring each state employing entity to complete a
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telecommuting plan by a specified date which includes a
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listing of the job classifications and positions that the
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state entity considers appropriate for telecommuting;
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providing requirements for the telecommuting plan;
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requiring each state employing entity to post the
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telecommuting plan on its website; amending s. 163.04,
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F.S.; revising provisions prohibiting restrictions on the
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use of energy devices based on renewable resources;
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amending s. 163.3177, F.S.; revising requirements for the
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future land use element of a local comprehensive plan to
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include energy-efficient land use patterns; requiring that
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the traffic-circulation element of incorporate
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transportation strategies to reduce greenhouse gas
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emissions; requiring each unit of local government within
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an urbanized area to amend the transportation element to
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incorporate transportation strategies addressing reduction
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in greenhouse gas emissions; amending s. 186.007, F.S.;
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authorizing the Executive Office of the Governor to
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include in the state comprehensive plan goals, objectives,
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and policies related energy and global climate change;
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amending s. 187.201, F.S.; adopting provisions of the
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State Comprehensive Plan concerning the development,
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siting, and use of low-carbon-emitting electric power
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plants; creating s. 193.804, F.S.; prohibiting the
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property appraiser from increasing the taxable value of
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homestead property when the taxpayer adds any solar energy
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device to the property; authorizing the property appraiser
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to refer the matter to the Department of Environmental
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Protection if the property appraiser questions whether a
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taxpayer is entitled, in whole or in part, to a solar
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energy device exemption; requiring the Department of
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Environmental Protection to adopt rules; amending s.
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196.012, F.S.; deleting the definition of the term
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"renewable energy source device" or "device"; amending s.
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206.43, F.S.; requiring each terminal supplier, importer,
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exporter, blender, and wholesaler to include the number of
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gallons of gasoline fuel which meet and fail to meet
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certain requirements in their monthly reports to the
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Department of Revenue; amending s. 212.08, F.S.; providing
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that the sale or use of wind energy or wind turbines is
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exempt from sales or use taxes as equipment, machinery,
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and other materials used for renewable energy
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technologies; requiring that the Florida Energy and
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Climate Commission rather than the Department of
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Environmental Protection implement certain
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responsibilities concerning eligibility and application
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for the tax exemption; requiring the commission to adopt,
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by rule, an application form, including the required
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content and documentation to support the application, for
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the taxpayer to use in claiming the tax exemption;
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amending s. 220.192, F.S.; defining terms relating to a
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tax credit; providing that 75 percent of all capital,
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operation, and maintenance costs, and research and
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development costs incurred between specified dates, up to
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a specified limit, may be credited against taxes owed in
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connection with an investment in the production of wind
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energy; allowing the tax credit to be transferred for a
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specified period; providing procedures and requirements;
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authorizing the Department of Revenue to adopt rules;
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amending s. 220.193, F.S.; defining the terms "sale" or
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"sold" and "taxpayer"; providing legislative intent
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concerning retroactive application of certain renewable
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energy production tax credits; providing for the pass
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through of a renewable energy production tax credit under
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certain conditions; providing for retroactive application;
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amending s. 253.02, F.S.; authorizing the Secretary of
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Environmental Protection to grant easements across lands
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owned by the Board of Trustees of the Internal Improvement
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Trust Fund under certain conditions; amending s. 253.034,
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F.S.; granting a utility the use of nonsovereignty state-
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owned lands upon a showing of competent substantial
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evidence that the use is reasonable; establishing criteria
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relating to the title, distribution, and cost of such
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lands; amending s. 255.249, F.S.; requiring state agencies
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to annually provide telecommuting plans to the Department
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of Management Services; amending s. 255.251, F.S.;
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creating the "Florida Energy Conservation and Sustainable
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Buildings Act"; amending s. 255.252, F.S.; providing
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findings and legislative intent; providing that it is the
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policy of the state that buildings constructed and
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financed by the state, or existing buildings renovated by
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the state, be designed and constructed with a goal of
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meeting or exceeding the United States Green Building
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Council (USGBC) Leadership in Energy and Environmental
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Design (LEED) rating system, the Green Building
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Initiative's Green Globes rating system, or the Florida
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Green Building Coalition standards; requiring each state
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agency to identify and compile a list of energy-
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conservation projects that it determines are suitable for
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a guaranteed energy performance savings contract; amending
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s. 255.253, F.S.; defining terms relating to energy
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conservation for buildings; amending s. 255.254, F.S.;
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prohibiting a state agency from leasing or constructing a
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facility without having secured from the Department of
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Management Services an evaluation of life-cycle costs for
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the building; requiring certain leased buildings to have
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an energy performance analysis conducted; requiring the
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owner of any building leased by the state from the private
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sector to submit provisions for monthly energy use data to
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the department; amending s. 255.255, F.S.; requiring the
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department to use sustainable building ratings for
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conducting a life-cycle cost analysis; amending s.
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255.257, F.S.; requiring that energy consumption and cost
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be reported to the department annually in a format
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prescribed by the department; providing duties of energy-
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management coordinators; requiring that the department of
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Management Services develop a state energy-management
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plan; requiring that state agencies adopt certain rating
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systems; prohibiting state agencies from entering into
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leasing agreements for office space not meeting certain
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building standards; providing an exception; requiring that
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state agencies develop energy-conservation measures and
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guidelines for new and existing office space in which
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state agencies occupy greater than a specified amount of
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square footage; providing requirements for such measures;
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creating s. 286.275, F.S.; requiring the Department of
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Management Services to develop the Florida Climate
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Friendly Preferred Products List; requiring state agencies
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to consult the list and purchase products from the list
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under certain circumstances; requiring state agencies to
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contract for meeting and conference space with facilities
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having the "Green Lodging" designation; authorizing the
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Department of Environmental Protection to adopt rules;
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requiring the department to establish voluntary technical
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assistance programs for various businesses; requiring
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state agencies to maintain vehicles according to minimum
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standards and follow certain procedures when procuring new
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vehicles; requiring state agencies to use ethanol and
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biodiesel-blended fuels when available; amending s.
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287.063, F.S.; prohibiting the payment term for equipment
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from exceeding the useful life of the equipment unless the
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contract provides for the replacement or the extension of
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the useful life of the equipment during the term of the
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deferred payment contract; amending s. 287.064, F.S.;
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authorizing an extension of the master equipment financing
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agreement for energy conservation equipment; requiring the
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guaranteed energy, water, and wastewater performance
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savings contractor to provide for the replacement or the
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extension of the useful life of the equipment during the
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term of the contract; amending s. 287.16, F.S.; requiring
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the Department of Management Services to conduct an
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analysis of the Department of Transportation's ethanol and
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biodiesel use and encourage other state agencies to
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analyze transportation fuel usage and report such
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information to the Department of Management Services;
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amending s. 288.1089, F.S.; defining the term "alternative
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and renewable energy"; detailing the conditions for an
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alternative and renewable energy project to be eligible
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for an innovation incentive award; amending s. 337.401,
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F.S.; requiring the Department of Environmental Protection
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to adopt rules relating to the placement of and access to
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aerial and underground electric transmission lines having
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certain specifications; defining the term "base-load
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generating facilities"; amending s. 339.175, F.S.;
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requiring each metropolitan planning organization to
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develop a long-range transportation plan that, among other
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considerations, provides for sustainable growth and
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reduces greenhouse gas emissions; amending s. 366.82,
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F.S.; requiring the Public Service Commission to adopt
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rules requiring utilities to offset 20 percent of their
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annual load-growth through energy efficiency and
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conservation measures; requiring the commission to create
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an in-state market for tradable credits enabling those
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utilities that exceed the conservation standard to sell
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credits to those that cannot meet the standard for a given
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year; requiring that the commission conduct a periodic
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review; requiring the commission to require municipal and
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cooperative utilities that are exempt from the Energy
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Efficiency and Conservation Act to submit an annual report
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identifying energy efficiency and conservation goals and
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the actions taken to meet those goals; requiring that the
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Florida Energy and Climate Commission be a party in the
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proceedings to adopt goals and file with the Public
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Service Commission comments on the proposed goals;
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requiring the Public Service Commission to use certain
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methodologies in the evaluation of demand-side management
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programs; requiring the commission to establish a
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renewable energy portfolio standard for utilities;
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requiring certain utilities to submit an annual report
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identifying the percentage of their electrical power
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generated or purchased from renewable resources;
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authorizing the commission to adopt rules; amending s.
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366.8255, F.S.; redefining the term "environmental
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compliance costs" to include costs or expenses prudently
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incurred for scientific research and geological
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assessments of carbon capture and storage for the purpose
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of reducing an electric utility's greenhouse gas
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emissions; amending s. 366.93, F.S.; revising the
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definitions of "cost" and "preconstruction"; requiring the
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Public Service Commission to establish rules relating to
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cost recovery for the construction of new, expanded, or
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relocated electrical transmission lines and facilities for
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a nuclear power plant; amending s. 377.601, F.S.; revising
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legislative intent with respect to the need to implement
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alternative energy technologies; creating s. 377.6015,
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F.S.; creating the Florida Energy and Climate Commission;
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providing for appointment and qualifications of members;
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providing for meetings, duties, and authority of the
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commission; amending s. 377.602, F.S.; providing a
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definition; amending s. 377.605, F.S.; transferring duties
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on energy data collection from the Department of
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Environmental Protection to the Florida Energy and Climate
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F.S.; making conforming changes; amending s. 377.703,
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F.S.; providing for additional duties of the Florida
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Energy and Climate Commission; conforming cross-
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references; amending s. 377.803, F.S.; providing
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definitions; providing the statutory reference to the
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definition of the term "biomass"; amending s. 377.804,
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F.S.; providing for administration of the Renewable Energy
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and Energy-Efficient Technologies Grant Program by the
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Florida Energy and Climate Commission rather than the
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Department of Environmental Protection; providing for the
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program to include matching grants for technologies that
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increase the energy efficiency of vehicles and commercial
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buildings; providing application requirements; repealing
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s. 377.804(6), F.S., relating to bioenergy projects;
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amending s. 377.806, F.S.; providing for administration of
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the Solar Energy System Incentives Program by the Florida
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Energy and Climate Commission rather than the Department
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of Environmental Protection; requiring compliance with the
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Florida Building Code rather than local codes in order to
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be eligible for a rebate under the program; creating s.
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377.808, F.S.; creating the Florida Green Government
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Grants Act; providing a short title; requiring the Florida
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Energy and Climate Commission within the Executive Office
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of the Governor to award grants to assist local
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governments in the development of programs that achieve
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green standards; requiring the commission to adopt rules;
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providing requirements for the rules; limiting a certain
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number of grant applications made by a local government;
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limiting the number of active projects that may be
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conducted by a local government; requiring the commission
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to perform an overview of each grant; repealing s.
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377.901, F.S., relating to the Florida Energy Commission;
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transferring the State Energy Program from the Department
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of Environmental Protection to the Florida Energy and
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Climate Commission; creating s. 377.921, F.S., relating to
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qualified solar energy systems; providing definitions;
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allowing a public utility to recover certain costs;
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references; creating s. 403.44, F.S.; creating the Florida
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Climate Protection Act; defining terms; requiring the
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Department of Environmental Protection to establish the
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methodologies, reporting periods, and reporting systems
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that must be used when major emitters report to The
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Climate Registry; authorizing the department to adopt
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rules for a cap-and-trade regulatory program to reduce
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greenhouse gas emissions from major emitters; providing
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for the content of the rule; amending s. 403.503, F.S.;
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defining the term "alternate corridor" and redefining the
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term "corridor" for purposes of the Florida Electrical
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Power Plant Siting Act; amending s. 403.504, F.S.;
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requiring the Department of Environmental Protection to
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determine whether a proposed alternate corridor is
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acceptable; amending s. 403.506, F.S.; revising the
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thresholds and applicability standards of the Florida
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Electrical Power Plant Siting Act; deleting a provision
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that exempts from the act a steam generating plant;
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exempting from the act the associated facilities of an
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electrical power plant; exempting an electric utility from
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obtaining certification under the Florida Electrical Power
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Plant Siting Act before constructing facilities for a
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power plant using nuclear materials as fuel; providing
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that a utility may obtain separate licenses, permits, and
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approvals for such construction under certain
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circumstances; exempting such provisions from review under
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ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
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applicant to submit a statement to the department if such
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applicant opts for consideration of alternate corridors;
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amending s. 403.50665, F.S.; requiring an application to
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include a statement on the consistency of directly
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associated facilities constituting a "development";
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requiring the Department of Environmental Protection to
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address at the certification hearing the issue of
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compliance with land use plans and zoning ordinances for a
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proposed substation located in or along an alternate
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corridor; amending s. 403.509, F.S.; requiring the
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Governor and Cabinet sitting as the siting board to
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certify the corridor having the least adverse impact;
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authorizing the board to deny certification or allow a
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party to amend its proposal; amending s. 403.5115, F.S.;
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requiring the applicant proposing the alternate corridor
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to publish all notices relating to the application;
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requiring that such notices comply with certain
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requirements; requiring that notices be published at least
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45 days before the rescheduled certification hearing;
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amending s. 403.5175, F.S.; conforming a cross-reference;
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amending s. 403.518, F.S.; authorizing the Department of
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Environmental Protection to charge an application fee for
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an alternate corridor; amending s. 403.519, F.S., relating
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to determinations of need; conforming provisions to
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changes made by the act; creating s. 403.7055, F.S.;
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encouraging counties in the state to form regional
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solutions to the capture and reuse or sale of methane gas
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from landfills and wastewater treatment facilities;
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requiring the Department of Environmental Protection to
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provide guidelines and assistance; amending s. 403.814,
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F.S., relating to general permits; conforming provisions;
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amending s. 489.145, F.S.; revising provisions of the
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Guaranteed Energy Performance Savings Contracting Act;
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renaming the act as the "Guaranteed Energy, Water, and
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Wastewater Performance Savings Contracting Act"; requiring
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that each proposed contract or lease contain certain
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agreements concerning operational cost-saving measures;
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redefining terms; defining the term "investment grade
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energy audit"; requiring that certain baseline
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information, supporting information, and documentation be
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included in contracts; requiring the office of the Chief
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Financial Officer to review contract proposals; providing
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audit requirements; requiring contract approval by the
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Legislature or Chief Financial Officer; creating s.
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526.203, F.S.; providing definitions; requiring that on or
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after a specified date all gasoline sold in the state
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contain a specified percent of agriculturally derived
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denatured ethanol; providing for exemptions; creating s.
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526.204, F.S.; providing for the requirements to be
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suspended during a declared emergency; providing an
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exemption if a supplier or other distributor is unable to
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obtain the required fuel at the same or lower price than
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the price of unblended gasoline; requiring that
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documentation be provided to the Department of Revenue;
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creating s. 526.205, F.S.; providing for enforcement of
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the requirement for gasoline content; providing penalties;
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providing for the Department of Revenue to grant an
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extension of time to comply with the requirement; creating
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s. 526.206, F.S.; authorizing the Department of Revenue
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and the Department of Agriculture and Consumer Services to
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adopt rules; requiring the Florida Energy Commission to
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conduct a study of the lifecycle greenhouse gas emissions
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associated with all renewable fuels; requiring a report to
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the Legislature by a specified date; amending s. 553.77,
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F.S.; authorizing the Florida Building Commission to
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implement recommendations relating to energy efficiency in
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residential and commercial buildings; creating s. 553.886,
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F.S.; requiring that the Florida Building Code facilitate
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and promote the use of certain renewable energy
346
technologies in buildings; creating s. 553.9061, F.S.;
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requiring the Florida Building Commission to establish a
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schedule of increases in the energy performance of
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buildings subject to the Energy Efficiency Code for
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Building Construction; providing a process for
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implementing goals to increase energy-efficiency
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performance in new buildings; providing a schedule for the
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implementation of such goals; identifying energy-
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efficiency performance options and elements available to
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meet energy-efficiency performance requirements; providing
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a schedule for the review and adoption of renewable
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energy-efficiency goals by the commission; requiring the
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commission to conduct a study to evaluate the energy-
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efficiency rating of new buildings and appliances;
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requiring the commission to submit a report to the
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President of the Senate and the Speaker of the House of
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Representatives on or before a specified date; requiring
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the commission to conduct a study to evaluate
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opportunities to restructure the Florida Energy Code for
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Building Construction, including the integration of the
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Thermal Efficiency Code, the Energy Conservation Standards
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Act, and the Florida Building Energy-Efficiency Rating
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Act; requiring the commission to submit a report to the
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President of the Senate and the Speaker of the House of
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Representatives on or before a specified date; directing
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the Department of Community Affairs, in conjunction with
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the Florida Energy Affordability Council, to identify and
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review issues relating to the Low-Income Home Energy
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Assistance Program and the Weatherization Assistance
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Program; requiring the submission of a report to the
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President of the Senate and the Speaker of the House of
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Representatives on or before a specified date; providing
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for the expiration of certain study requirements; amending
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s. 553.957, F.S.; including certain home and commercial
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appliances in the requirements for testing and
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certification for meeting certain energy-conservation
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standards; amending s. 553.975, F.S.; conforming a cross-
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reference; requiring the Public Service Commission to
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analyze utility revenue decoupling and provide a report
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and recommendations to the Governor, the President of the
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Senate, and the Speaker of the House of Representatives by
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a specified date; amending s. 718.113, F.S.; authorizing
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the board of a condominium or a multicondominium to
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install solar collectors, clotheslines, or other energy-
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efficient devices on association property; creating s.
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1004.648, F.S.; establishing the Florida Energy Systems
392
Consortium, consisting of specified state universities;
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providing membership and duties of the consortium;
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providing for an oversight board and steering committee;
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providing reporting requirements for the consortium by a
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date certain; authorizing the Department of Environmental
397
Protection to require certain agreements to contain a
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stipulation requiring the return to the state of a portion
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of the profit resulting from commercialization of an
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energy-related product or process; requiring the
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department to conduct a study relating to the state
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earning a monetary return on energy-related products or
403
processes through the use of negotiated or licensing
404
agreements; requiring the department to submit the study
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to the Governor and the Legislature; requiring the
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Department of Environmental Protection, in conjunction
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with the Department of Agriculture and Consumer Services,
408
to conduct an economic impact analysis on the effect of
409
granting financial incentives to energy producers who use
410
woody biomass; requiring the department to submit the
411
results to the Legislature; establishing a statewide solid
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waste reduction goal by a certain date; requiring the
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Department of Environmental Protection to develop a
414
recycling program designed to meet that goal; requiring
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the Department of Environmental Protection to prepare a
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report relating to the costs and benefits of implementing
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a cap-and-trade system to trade emission credits;
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requiring the department to present the report to the
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Governor, the President of the Senate, and the Speaker of
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the House of Representatives; describing certain specified
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issues to be included in the report; providing effective
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dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsection (3) of section 74.051,
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Florida Statutes, is renumbered as subsection (4), and a new
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subsection (3) is added to that section, to read:
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74.051 Hearing on order of taking.--
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(3) If a defendant requests a hearing and the petitioner is
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an electric utility that is seeking to appropriate property
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necessary for an electric generation plant, an associated
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facility of such plant, an electric substation, or a power line,
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the court shall conduct the hearing no more than 120 days after
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the petition is filed. The court shall issue its final judgment
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no more than 30 days after the hearing.
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Section 2. Section 112.219, Florida Statutes, is created to
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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
450
duties and responsibilities of their positions through the use of
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computers or telecommunications while at home or another place
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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 his
459
or her assigned work with minimal supervision;
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2. The job classification, workload characteristics, or
461
position of the employee has been identified by the public
462
employing entity as appropriate for telecommuting; and
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3. The employee is not under a performance-improvement plan
464
or disciplinary action that indicates a need for close
465
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
470
location. The schedule must be composed in such a way that the
471
employee's work location for any given day is readily
472
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
484
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
493
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 service
496
and exempt positions in the selection of employees to participate
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in the telecommuting program. The telecommuting plan 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 greenhouse
501
gases resulting from telecommuting. Employing public entities
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operating in office space that is owned or managed by the
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Department of Management Services shall consult the facilities
504
program in order to ensure its consistency with the strategic
505
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 any
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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
521
subject to the same rules regarding attendance, leave,
522
performance reviews, and separation action as are other
523
employees.
524
(g) Establish the reasonable conditions that the public
525
employing entity will impose in order to ensure the appropriate
526
use and maintenance of any equipment or items provided for use at
527
a qualified telecommuting employee's telecommuting site,
528
including the installation and maintenance of any telephone
529
equipment and ongoing communications services at the
530
telecommuting site which must be used only for official purposes.
531
(h) Prohibit public maintenance of an employee's personal
532
equipment used in telecommuting, including any liability for
533
personal equipment and costs for personal utility expenses
534
associated with telecommuting.
535
(i) Describe the security controls that the entity
536
considers appropriate for use at the telecommuting site.
537
(j) Provide that qualified telecommuting employees are
538
covered by workers' compensation under chapter 440 when
539
performing official duties at an alternate worksite, such as the
540
home.
541
(k) Prohibit employees engaged in a telecommuting program
542
from conducting face-to-face state business at the telecommuting
543
site.
544
(l) Require a written agreement specifying the terms and
545
conditions of telecommuting, including verification by the
546
employee that the telecommuting site provides work space that is
547
free of safety and fire hazards, together with an agreement that
548
holds the state harmless against all claims, excluding workers'
549
compensation claims, resulting from an employee working in the
550
telecommuting site. The agreement must be signed and agreed to by
551
the qualified telecommuting employee and the supervisor.
552
(4) The telecommuting plan for each public employing
553
entity, and pertinent supporting documents, shall be posted on
554
the entity's website to allow access by employees and the public.
555
Section 3. Subsection (2) of section 163.04, Florida
556
Statutes, is amended to read:
557
163.04 Energy devices based on renewable resources.--
558
(2) A deed restriction, covenant, declaration, or similar
559
binding agreement may not No deed restrictions, covenants, or
560
similar binding agreements running with the land shall prohibit
561
or have the effect of prohibiting solar collectors, clotheslines,
562
or other energy devices based on renewable resources from being
563
installed on buildings erected on the lots or parcels covered by
564
the deed restriction, covenant, declaration, or binding agreement
565
restrictions, covenants, or binding agreements. A property owner
566
may not be denied permission to install solar collectors or other
567
energy devices based on renewable resources by any entity granted
568
the power or right in any deed restriction, covenant,
569
declaration, or similar binding agreement to approve, forbid,
570
control, or direct alteration of property with respect to
571
residential dwellings and within the boundaries of a condominium
572
unit. not exceeding three stories in height. For purposes of this
573
subsection, Such entity may determine the specific location where
574
solar collectors may be installed on the roof within an
575
orientation to the south or within 45° east or west of due south
576
if provided that such determination does not impair the effective
577
operation of the solar collectors.
578
Section 4. Paragraphs (a), (b), and (j) of subsection (6)
579
of section 163.3177, Florida Statutes, are amended to read:
580
163.3177 Required and optional elements of comprehensive
581
plan; studies and surveys.--
582
(6) In addition to the requirements of subsections (1)-(5)
583
and (12), the comprehensive plan shall include the following
584
elements:
585
(a) A future land use plan element designating proposed
586
future general distribution, location, and extent of the uses of
587
land for residential uses, commercial uses, industry,
588
agriculture, recreation, conservation, education, public
589
buildings and grounds, other public facilities, and other
590
categories of the public and private uses of land. Counties are
591
encouraged to designate rural land stewardship areas, pursuant to
592
the provisions of paragraph (11)(d), as overlays on the future
593
land use map. Each future land use category must be defined in
594
terms of uses included, and must include standards for to be
595
followed in the control and distribution of population densities
596
and building and structure intensities. The proposed
597
distribution, location, and extent of the various categories of
598
land use shall be shown on a land use map or map series which
599
shall be supplemented by goals, policies, and measurable
600
objectives. The future land use plan shall be based upon surveys,
601
studies, and data regarding the area, including the amount of
602
land required to accommodate anticipated growth; the projected
603
population of the area; the character of undeveloped land; the
604
availability of water supplies, public facilities, and services;
605
the need for redevelopment, including the renewal of blighted
606
areas and the elimination of nonconforming uses which are
607
inconsistent with the character of the community; the
608
compatibility of uses on lands adjacent to or closely proximate
609
to military installations; the discouragement of urban sprawl;
610
energy-efficient land use patterns; and, in rural communities,
611
the need for job creation, capital investment, and economic
612
development that will strengthen and diversify the community's
613
economy. The future land use plan may designate areas for future
614
planned development use involving combinations of types of uses
615
for which special regulations may be necessary to ensure
616
development in accord with the principles and standards of the
617
comprehensive plan and this act. The future land use plan element
618
shall include criteria to be used to achieve the compatibility of
619
adjacent or closely proximate lands with military installations.
620
In addition, for rural communities, the amount of land designated
621
for future planned industrial use shall be based upon surveys and
622
studies that reflect the need for job creation, capital
623
investment, and the necessity to strengthen and diversify the
624
local economies, and may shall not be limited solely by the
625
projected population of the rural community. The future land use
626
plan of a county may also designate areas for possible future
627
municipal incorporation. The land use maps or map series shall
628
generally identify and depict historic district boundaries and
629
shall designate historically significant properties meriting
630
protection. For coastal counties, the future land use element
631
must include, without limitation, regulatory incentives and
632
criteria that encourage the preservation of recreational and
633
commercial working waterfronts as defined in s. 342.07. The
634
future land use element must clearly identify the land use
635
categories in which public schools are an allowable use. When
636
delineating the land use categories in which public schools are
637
an allowable use, a local government shall include in the
638
categories sufficient land proximate to residential development
639
to meet the projected needs for schools in coordination with
640
public school boards and may establish differing criteria for
641
schools of different type or size. Each local government shall
642
include lands contiguous to existing school sites, to the maximum
643
extent possible, within the land use categories in which public
644
schools are an allowable use. The failure by a local government
645
to comply with these school siting requirements will result in
646
the prohibition of the local government's ability to amend the
647
local comprehensive plan, except for plan amendments described in
648
s. 163.3187(1)(b), until the school siting requirements are met.
649
Amendments proposed by a local government for purposes of
650
identifying the land use categories in which public schools are
651
an allowable use are exempt from the limitation on the frequency
652
of plan amendments provided contained in s. 163.3187. The future
653
land use element shall include criteria that encourage the
654
location of schools proximate to urban residential areas to the
655
extent possible and shall require that the local government seek
656
to collocate public facilities, such as parks, libraries, and
657
community centers, with schools to the extent possible and to
658
encourage the use of elementary schools as focal points for
659
neighborhoods. For schools serving predominantly rural counties,
660
defined as a county with a population of 100,000 or fewer, an
661
agricultural land use category is shall be eligible for the
662
location of public school facilities if the local comprehensive
663
plan contains school siting criteria and the location is
664
consistent with such criteria. Local governments required to
665
update or amend their comprehensive plan to include criteria and
666
address compatibility of adjacent or closely proximate lands with
667
existing military installations in their future land use plan
668
element shall transmit the update or amendment to the department
669
by June 30, 2006.
670
(b) A traffic circulation element consisting of the types,
671
locations, and extent of existing and proposed major
672
thoroughfares and transportation routes, including bicycle and
673
pedestrian ways. Transportation corridors, as defined in s.
674
334.03, may be designated in the traffic circulation element
675
pursuant to s. 337.273. If the transportation corridors are
676
designated, the local government may adopt a transportation
677
corridor management ordinance. The traffic circulation element
678
shall incorporate transportation strategies to address reduction
679
in greenhouse gas emissions from the transportation sector.
680
(j) For each unit of local government within an urbanized
681
area designated for purposes of s. 339.175, a transportation
682
element, which shall be prepared and adopted in lieu of the
683
requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
684
and (d) and which shall address the following issues:
685
1. Traffic circulation, including major thoroughfares and
686
other routes, including bicycle and pedestrian ways.
687
2. All alternative modes of travel, such as public
688
transportation, pedestrian, and bicycle travel.
689
3. Parking facilities.
690
4. Aviation, rail, seaport facilities, access to those
691
facilities, and intermodal terminals.
692
5. The availability of facilities and services to serve
693
existing land uses and the compatibility between future land use
694
and transportation elements.
695
6. The capability to evacuate the coastal population before
696
prior to an impending natural disaster.
697
7. Airports, projected airport and aviation development,
698
and land use compatibility around airports.
699
8. An identification of land use densities, building
700
intensities, and transportation management programs to promote
701
public transportation systems in designated public transportation
702
corridors so as to encourage population densities sufficient to
703
support such systems.
704
9. May include transportation corridors, as defined in s.
705
334.03, intended for future transportation facilities designated
706
pursuant to s. 337.273. If transportation corridors are
707
designated, the local government may adopt a transportation
708
corridor management ordinance.
709
10. The incorporation of transportation strategies to
710
address reduction in greenhouse gas emissions from the
711
transportation sector.
712
Section 5. Subsection (3) of section 186.007, Florida
713
Statutes, is amended to read:
714
186.007 State comprehensive plan; preparation; revision.--
715
(3) In the state comprehensive plan, the Executive Office
716
of the Governor may include goals, objectives, and policies
717
related to the following program areas: economic opportunities;
718
agriculture; employment; public safety; education; energy; global
719
climate change; health concerns; social welfare concerns; housing
720
and community development; natural resources and environmental
721
management; recreational and cultural opportunities; historic
722
preservation; transportation; and governmental direction and
723
support services.
724
Section 6. Subsections (10), (11), and (15) of section
725
187.201, Florida Statutes, are amended to read:
726
187.201 State Comprehensive Plan adopted.--The Legislature
727
hereby adopts as the State Comprehensive Plan the following
728
specific goals and policies:
729
(10) AIR QUALITY.--
730
(a) Goal.--Florida shall comply with all national air
731
quality standards by 1987, and by 1992 meet standards which are
732
more stringent than 1985 state standards.
733
(b) Policies.--
734
1. Improve air quality and maintain the improved level to
735
safeguard human health and prevent damage to the natural
736
environment.
737
2. Ensure that developments and transportation systems are
738
consistent with the maintenance of optimum air quality.
739
3. Reduce sulfur dioxide and nitrogen oxide emissions and
740
mitigate their effects on the natural and human environment.
741
4. Encourage the use of alternative energy resources that
742
do not degrade air quality.
743
5. Ensure, at a minimum, that power plant fuel conversion
744
does not result in higher levels of air pollution.
745
6. Encourage the development of low-carbon-emitting
746
electric power plants.
747
(11) ENERGY.--
748
(a) Goal.--Florida shall reduce its energy requirements
749
through enhanced conservation and efficiency measures in all end-
750
use sectors, and shall reduce atmospheric carbon dioxide by while
751
at the same time promoting an increased use of renewable energy
752
resources and low-carbon-emitting electric power plants.
753
(b) Policies.--
754
1. Continue to reduce per capita energy consumption.
755
2. Encourage and provide incentives for consumer and
756
producer energy conservation and establish acceptable energy
757
performance standards for buildings and energy consuming items.
758
3. Improve the efficiency of traffic flow on existing
759
roads.
760
4. Ensure energy efficiency in transportation design and
761
planning and increase the availability of more efficient modes of
762
transportation.
763
5. Reduce the need for new power plants by encouraging end-
764
use efficiency, reducing peak demand, and using cost-effective
765
alternatives.
766
6. Increase the efficient use of energy in design and
767
operation of buildings, public utility systems, and other
768
infrastructure and related equipment.
769
7. Promote the development and application of solar energy
770
technologies and passive solar design techniques.
771
8. Provide information on energy conservation through
772
active media campaigns.
773
9. Promote the use and development of renewable energy
774
resources and low-carbon-emitting electric power plants.
775
10. Develop and maintain energy preparedness plans that
776
will be both practical and effective under circumstances of
777
disrupted energy supplies or unexpected price surges.
778
(15) LAND USE.--
779
(a) Goal.--In recognition of the importance of preserving
780
the natural resources and enhancing the quality of life of the
781
state, development shall be directed to those areas which have in
782
place, or have agreements to provide, the land and water
783
resources, fiscal abilities, and service capacity to accommodate
784
growth in an environmentally acceptable manner.
785
(b) Policies.--
786
1. Promote state programs, investments, and development and
787
redevelopment activities which encourage efficient development
788
and occur in areas which will have the capacity to service new
789
population and commerce.
790
2. Develop a system of incentives and disincentives which
791
encourages a separation of urban and rural land uses while
792
protecting water supplies, resource development, and fish and
793
wildlife habitats.
794
3. Enhance the livability and character of urban areas
795
through the encouragement of an attractive and functional mix of
796
living, working, shopping, and recreational activities.
797
4. Develop a system of intergovernmental negotiation for
798
siting locally unpopular public and private land uses which
799
considers the area of population served, the impact on land
800
development patterns or important natural resources, and the
801
cost-effectiveness of service delivery.
802
5. Encourage and assist local governments in establishing
803
comprehensive impact-review procedures to evaluate the effects of
804
significant development activities in their jurisdictions.
805
6. Consider, in land use planning and regulation, the
806
impact of land use on water quality and quantity; the
807
availability of land, water, and other natural resources to meet
808
demands; and the potential for flooding.
809
7. Provide educational programs and research to meet state,
810
regional, and local planning and growth-management needs.
811
8. Provide for the siting of low-carbon-emitting electric
812
power plants, including nuclear power plants, to meet the
813
state's determined need for electric power generation.
814
Section 7. Section 193.804, Florida Statutes, is created to
815
read:
816
193.804 Assessment of solar energy devices.--
817
(1) If a taxpayer adds any solar energy device to his or
818
her homestead, the value of the solar energy device shall not be
819
added to the assessed value of the property for purposes of
820
property taxes. A taxpayer claiming the right to a solar energy
821
device assessment for ad valorem taxes shall so state in a return
822
filed as provided by law giving a brief description of the
823
device. The property appraiser may require the taxpayer to
824
produce such additional evidence as may be necessary to prove the
825
taxpayer's right to have the property subject to a solar energy
826
device assessment.
827
(2) If a property appraiser questions whether a taxpayer is
828
entitled, in whole or in part, to a solar energy device
829
assessment under this section, he or she may refer the matter to
830
the Department of Environmental Protection for a recommendation.
831
If the property appraiser refers the matter, he or she shall
832
notify the taxpayer of such action. The Department of
833
Environmental Protection shall immediately consider whether the
834
taxpayer is entitled to the solar energy device assessment and
835
certify its recommendation to the property appraiser.
836
(3) The Department of Environmental Protection shall adopt
837
rules to administer the solar energy device assessment provisions
838
of this section.
839
Section 8. Subsection (14) of section 196.012, Florida
840
Statutes, is amended to read:
841
196.012 Definitions.--For the purpose of this chapter, the
842
following terms are defined as follows, except where the context
843
clearly indicates otherwise:
844
(14) "Renewable energy source device" or "device" means any
845
of the following equipment which, when installed in connection
846
with a dwelling unit or other structure, collects, transmits,
847
stores, or uses solar energy, wind energy, or energy derived from
848
geothermal deposits:
849
(a) Solar energy collectors.
850
(b) Storage tanks and other storage systems, excluding
851
swimming pools used as storage tanks.
852
(c) Rockbeds.
853
(d) Thermostats and other control devices.
854
(e) Heat exchange devices.
855
(f) Pumps and fans.
856
(g) Roof ponds.
857
(h) Freestanding thermal containers.
858
(i) Pipes, ducts, refrigerant handling systems, and other
859
equipment used to interconnect such systems; however,
860
conventional backup systems of any type are not included in this
861
definition.
862
(j) Windmills.
863
(k) Wind-driven generators.
864
(l) Power conditioning and storage devices that use wind
865
energy to generate electricity or mechanical forms of energy.
866
(m) Pipes and other equipment used to transmit hot
867
geothermal water to a dwelling or structure from a geothermal
868
deposit.
869
870
"Renewable energy source device" or "device" also means any heat
871
pump with an energy efficiency ratio (EER) or a seasonal energy
872
efficiency ratio (SEER) exceeding 8.5 and a coefficient of
873
performance (COP), exceeding 2.8; waste heat recovery system; or
874
water heating system the primary heat source of which is a
875
dedicated heat pump or the otherwise unused capacity of a heat
876
pump heating, ventilating, and air-conditioning system, provided
877
such device is installed in a structure substantially complete
878
before January 1, 1985, and whether or not solar energy, wind
879
energy, or energy derived from geothermal deposits is collected,
880
transmitted, stored, or used by such device.
881
Section 9. Subsection (2) of section 206.43, Florida
882
Statutes, is amended to read:
883
206.43 Terminal supplier, importer, exporter, blender, and
884
wholesaler to report to department monthly; deduction.--The taxes
885
levied and assessed as provided in this part shall be paid to the
886
department monthly in the following manner:
887
(2)(a) Such report may show in detail the number of gallons
888
so sold and delivered by the terminal supplier, importer,
889
exporter, blender, or wholesaler in the state, and the
890
destination as to the county in the state to which the motor fuel
891
was delivered for resale at retail or use shall be specified in
892
the report. The total taxable gallons sold shall agree with the
893
total gallons reported to the county destinations for resale at
894
retail or use. All gallons of motor fuel sold shall be invoiced
895
and shall name the county of destination for resale at retail or
896
use.
897
(b) Each terminal supplier, importer, exporter, blender,
898
and wholesaler shall also include in the report to the department
899
the number of gallons of gasoline fuel meeting and not meeting
900
the requirements of s. 526.203.
901
Section 10. Paragraph (ccc) of subsection (7) of section
902
212.08, Florida Statutes, is amended to read:
903
212.08 Sales, rental, use, consumption, distribution, and
904
storage tax; specified exemptions.--The sale at retail, the
905
rental, the use, the consumption, the distribution, and the
906
storage to be used or consumed in this state of the following are
907
hereby specifically exempt from the tax imposed by this chapter.
908
(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
909
entity by this chapter do not inure to any transaction that is
910
otherwise taxable under this chapter when payment is made by a
911
representative or employee of the entity by any means, including,
912
but not limited to, cash, check, or credit card, even when that
913
representative or employee is subsequently reimbursed by the
914
entity. In addition, exemptions provided to any entity by this
915
subsection do not inure to any transaction that is otherwise
916
taxable under this chapter unless the entity has obtained a sales
917
tax exemption certificate from the department or the entity
918
obtains or provides other documentation as required by the
919
department. Eligible purchases or leases made with such a
920
certificate must be in strict compliance with this subsection and
921
departmental rules, and any person who makes an exempt purchase
922
with a certificate that is not in strict compliance with this
923
subsection and the rules is liable for and shall pay the tax. The
924
department may adopt rules to administer this subsection.
925
(ccc) Equipment, machinery, and other materials for
926
renewable energy technologies.--
927
1. As used in this paragraph, the term:
928
a. "Biodiesel" means the mono-alkyl esters of long-chain
929
fatty acids derived from plant or animal matter for use as a
930
source of energy and meeting the specifications for biodiesel and
931
biodiesel blends with petroleum products as adopted by the
932
Department of Agriculture and Consumer Services. Biodiesel may
933
refer to biodiesel blends designated BXX, where XX represents the
934
volume percentage of biodiesel fuel in the blend.
935
b. "Ethanol" means an nominally anhydrous denatured alcohol
936
produced by the conversion of carbohydrates fermentation of plant
937
sugars meeting the specifications for fuel ethanol and fuel
938
ethanol blends with petroleum products as adopted by the
939
Department of Agriculture and Consumer Services. Ethanol may
940
refer to fuel ethanol blends designated EXX, where XX represents
941
the volume percentage of fuel ethanol in the blend.
942
c. "Hydrogen fuel cells" means equipment using hydrogen or
943
a hydrogen-rich fuel in an electrochemical process to generate
944
energy, electricity, or the transfer of heat.
945
d. "Wind energy" or "wind turbines" means rotary mechanical
946
equipment that uses wind to produce at least 10kW of electrical
947
energy.
948
2. The sale or use of the following in the state is exempt
949
from the tax imposed by this chapter:
950
a. Hydrogen-powered vehicles, materials incorporated into
951
hydrogen-powered vehicles, and hydrogen-fueling stations, up to a
952
limit of $2 million in tax each state fiscal year for all
953
taxpayers.
954
b. Commercial stationary hydrogen fuel cells, up to a limit
955
of $1 million in tax each state fiscal year for all taxpayers.
956
c. Materials used in the distribution of biodiesel (B10-
957
B100) and ethanol (E10-E100), including fueling infrastructure,
958
transportation, and storage, up to a limit of $1 million in tax
959
each state fiscal year for all taxpayers. Gasoline fueling
960
station pump retrofits for ethanol (E10-E100) distribution
961
qualify for the exemption provided in this sub-subparagraph.
962
d. Wind turbines, up to a limit of $1 million in tax each
963
state fiscal year for all taxpayers.
964
3. The Florida Energy and Climate Commission Department of
965
Environmental Protection shall provide to the department a list
966
of items eligible for the exemption provided in this paragraph.
967
4.a. The exemption provided in this paragraph shall be
968
available to a purchaser only through a refund of previously paid
969
taxes. Only the initial purchase of an eligible item from the
970
manufacturer is subject to refund. A purchaser who has received a
971
refund on an eligible item must notify any subsequent purchaser
972
of the item that the item is no longer eligible for a refund of
973
tax paid. This notification must be provided to the subsequent
974
purchaser on the sales invoice or other proof of purchase.
975
b. To be eligible to receive the exemption provided in this
976
paragraph, a purchaser shall file an application with the
977
commission Department of Environmental Protection. The
978
application shall be developed by the commission Department of
979
Environmental Protection, in consultation with the department,
980
and shall require:
981
(I) The name and address of the person claiming the refund.
982
(II) A specific description of the purchase for which a
983
refund is sought, including, when applicable, a serial number or
984
other permanent identification number.
985
(III) The sales invoice or other proof of purchase showing
986
the amount of sales tax paid, the date of purchase, and the name
987
and address of the sales tax dealer from whom the property was
988
purchased.
989
(IV) A sworn statement that the information provided is
990
accurate and that the requirements of this paragraph have been
991
met.
992
c. Within 30 days after receipt of an application, the
993
commission Department of Environmental Protection shall review
994
the application and shall notify the applicant of any
995
deficiencies. Upon receipt of a completed application, the
996
commission Department of Environmental Protection shall evaluate
997
the application for exemption and issue a written certification
998
that the applicant is eligible for a refund or issue a written
999
denial of such certification within 60 days after receipt of the
1000
application. The commission Department of Environmental
1001
Protection shall provide the department with a copy of each
1002
certification issued upon approval of an application.
1003
d. Each certified applicant shall be responsible for
1004
forwarding a certified copy of the application and copies of all
1005
required documentation to the department within 6 months after
1006
certification by the commission Department of Environmental
1007
Protection.
1008
e. The provisions of s. 212.095 do not apply to any refund
1009
application made pursuant to this paragraph. A refund approved
1010
pursuant to this paragraph shall be made within 30 days after
1011
formal approval by the department.
1012
f. The commission may adopt the form for the application
1013
for a certificate, requirements for the content and format of
1014
information submitted to the commission in support of the
1015
application, other procedural requirements, and criteria by which
1016
the application will be determined by rule. The department may
1018
administer this paragraph, including rules establishing
1019
additional forms and procedures for claiming this exemption.
1020
g. The commission Department of Environmental Protection
1021
shall be responsible for ensuring that the total amounts of the
1022
exemptions authorized do not exceed the limits as specified in
1023
subparagraph 2.
1024
5. The commission Department of Environmental Protection
1025
shall determine and publish on a regular basis the amount of
1026
sales tax funds remaining in each fiscal year.
1027
6. This paragraph expires July 1, 2010, except as it
1028
relates to wind turbines. The provisions of this paragraph
1029
relating to wind turbines expire July 1, 2012.
1030
Section 11. Subsection (1) of section 220.192, Florida
1031
Statutes, is amended, present subsection (6) of that section is
1032
renumbered as subsection (7) and amended, present subsection (7)
1033
of that section is renumbered as subsection (8), and a new
1034
subsection (6) is added to that section, to read:
1035
220.192 Renewable energy technologies investment tax
1036
credit.--
1037
(1) DEFINITIONS.--For purposes of this section, the term:
1038
(a) "Biodiesel" means biodiesel as defined in s.
1039
212.08(7)(ccc).
1040
(b) "Corporation" includes a general partnership, limited
1041
partnership, limited liability company, unincorporated business,
1042
or other business entity, including entities taxed as
1043
partnerships for federal income tax purposes.
1044
(c)(b) "Eligible costs" means:
1045
1. Seventy-five percent of all capital costs, operation and
1046
maintenance costs, and research and development costs incurred
1047
between July 1, 2006, and June 30, 2010, up to a limit of $3
1048
million per state fiscal year for all taxpayers, in connection
1049
with an investment in hydrogen-powered vehicles and hydrogen
1050
vehicle fueling stations in the state, including, but not limited
1051
to, the costs of constructing, installing, and equipping such
1052
technologies in the state.
1053
2. Seventy-five percent of all capital costs, operation and
1054
maintenance costs, and research and development costs incurred
1055
between July 1, 2006, and June 30, 2010, up to a limit of $1.5
1056
million per state fiscal year for all taxpayers, and limited to a
1057
maximum of $12,000 per fuel cell, in connection with an
1058
investment in commercial stationary hydrogen fuel cells in the
1059
state, including, but not limited to, the costs of constructing,
1060
installing, and equipping such technologies in the state.
1061
3. Seventy-five percent of all capital costs, operation and
1062
maintenance costs, and research and development costs incurred
1063
between July 1, 2006, and June 30, 2010, up to a limit of $14
1064
$6.5 million per state fiscal year for all taxpayers, in
1065
connection with an investment in the production, storage, and
1066
distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
1067
the state, including the costs of constructing, installing, and
1068
equipping such technologies in the state. Gasoline fueling
1069
station pump retrofits for ethanol (E10-E100) distribution
1070
qualify as an eligible cost under this subparagraph.
1071
4. Seventy-five percent of all capital costs, operation and
1072
maintenance costs, and research and development costs incurred
1073
between July 1, 2008, and June 30, 2012, up to a limit of $9
1074
million per state fiscal year for all taxpayers, in connection
1075
with an investment in the production of wind energy.
1076
(d)(c) "Ethanol" means ethanol as defined in s.
1077
212.08(7)(ccc).
1078
(e)(d) "Hydrogen fuel cell" means hydrogen fuel cell as
1079
defined in s. 212.08(7)(ccc).
1080
(f) "Wind energy" or "wind turbines" has the same meaning
1081
as in s. 212.08(7)(ccc).
1082
(g) "Taxpayer" includes corporations as defined in ss.
1084
(6) TRANSFERABILITY OF CREDIT.--
1085
(a) For tax years beginning on or after January 1, 2009,
1086
any corporation or subsequent transferee allowed a tax credit
1087
under this section may transfer the credit, in whole or in part,
1088
to any taxpayer by written agreement without transferring any
1089
ownership interest in the property generating the credit or any
1090
interest in the entity owning such property. The transferee is
1091
entitled to apply the credits against the tax with the same
1092
effect as if the transferee had incurred the eligible costs.
1093
(b) To perfect the transfer, the transferor shall provide
1094
the department with a written transfer statement notifying the
1095
department of the transferor's intent to transfer the tax credits
1096
to the transferee; the date the transfer is effective; the
1097
transferee's name, address, and federal taxpayer identification
1098
number; the tax period; and the amount of tax credits to be
1099
transferred. The department shall, upon receipt of a transfer
1100
statement conforming to the requirements of this paragraph,
1101
provide the transferee with a certificate reflecting the tax
1102
credit amounts transferred. A copy of the certificate must be
1103
attached to each tax return for which the transferee seeks to
1104
apply such tax credits.
1105
(c) A tax credit authorized under this section which is
1106
held by a corporation and not transferred under this subsection
1107
shall be passed through to the taxpayers designated as partners,
1108
members, or owners, respectively, in the manner agreed to by such
1109
persons whether or not such partners, members, or owners are
1110
allocated or allowed any portion of the federal energy tax credit
1111
for the eligible costs.
1112
(7)(6) RULES.--The Department of Revenue shall have the
1114
administer this section, including rules relating to:
1115
(a) The forms required to claim a tax credit under this
1116
section, the requirements and basis for establishing an
1117
entitlement to a credit, and the examination and audit procedures
1118
required to administer this section.
1119
(b) The implementation and administration of the provisions
1120
allowing a transfer of a tax credit, including rules prescribing
1121
forms, reporting requirements, and specific procedures,
1122
guidelines, and requirements necessary to transfer a tax credit.
1123
Section 12. Paragraphs (f) and (g) are added to subsection
1124
(2) and paragraphs (f) and (g) of subsection (3) of section
1125
220.193, Florida Statutes, are amended, and paragraphs (j) and
1126
(k) are added to subsection (3) of that subsection, to read:
1127
220.193 Florida renewable energy production credit.--
1128
(2) As used in this section, the term:
1129
(f) "Sale" or "sold" includes the use of electricity by the
1130
producer of such electricity which decreases the amount of
1131
electricity that the producer would otherwise have to purchase.
1132
(g) "Taxpayer" includes a general partnership, limited
1133
partnership, limited liability company, trust, or other
1134
artificial entity in which a corporation, as defined in s.
1135
220.03(1)(e), owns an interest and is taxed as a partnership or
1136
is disregarded as a separate entity from the corporation under
1137
chapter 220.
1138
(3) An annual credit against the tax imposed by this
1139
section shall be allowed to a taxpayer, based on the taxpayer's
1140
production and sale of electricity from a new or expanded Florida
1141
renewable energy facility. For a new facility, the credit shall
1142
be based on the taxpayer's sale of the facility's entire
1143
electrical production. For an expanded facility, the credit shall
1144
be based on the increases in the facility's electrical production
1145
that are achieved after May 1, 2006.
1146
(f)1. Tax credits that may be available under this section
1147
to an entity eligible under this section may be transferred after
1148
a merger or acquisition to the surviving or acquiring entity and
1149
used in the same manner with the same limitations.
1150
2. The entity or its surviving or acquiring entity as
1151
described in subparagraph 1. may transfer any unused credit in
1152
whole or in units of no less than 25 percent of the remaining
1153
credit. The entity acquiring such credit may use it in the same
1154
manner and with the same limitations under this section. Such
1155
transferred credits may not be transferred again although they
1156
may succeed to a surviving or acquiring entity subject to the
1157
same conditions and limitations as described in this section.
1158
3. In the event the credit provided for under this section
1159
is reduced as a result of an examination or audit by the
1160
department, such tax deficiency shall be recovered from the first
1161
entity or the surviving or acquiring entity to have claimed such
1162
credit up to the amount of credit taken. Any subsequent
1163
deficiencies shall be assessed against any entity acquiring and
1164
claiming such credit, or in the case of multiple succeeding
1165
entities in the order of credit succession.
1166
4. It is the intent of the Legislature that this paragraph
1167
is remedial in nature and applies retroactively to the effective
1168
date of the law establishing the credit.
1169
(g) Notwithstanding any other provision of this section,
1170
credits for the production and sale of electricity from a new or
1171
expanded Florida renewable energy facility may be earned between
1172
January 1, 2007 and June 30, 2010. The combined total amount of
1173
tax credits which may be granted for all taxpayers under this
1174
section is limited to $5 million per state fiscal year. It is the
1175
intent of the Legislature that this paragraph is remedial in
1176
nature and applies retroactively to the effective date of the law
1177
establishing the credit.
1178
(j) When an entity treated as a partnership or a
1179
disregarded entity under this chapter produces and sells
1180
electricity from a new or expanded renewable energy facility, the
1181
tax credit earned by such entity shall pass through in the same
1182
manner as items of income and expense pass through for federal
1183
income tax purposes. It is the intent of the Legislature that
1184
this paragraph is remedial in nature and applies retroactively to
1185
the effective date of the law establishing the credit.
1186
(k) A taxpayer's use of the tax credit granted pursuant to
1187
this section does not reduce the amount of any credit available
1188
to such taxpayer under s. 220.186. It is the intent of the
1189
Legislature that this paragraph is remedial in nature and applies
1190
retroactively to the effective date of the law establishing the
1191
credit.
1192
Section 13. Subsection (2) of section 253.02, Florida
1193
Statutes, is amended to read:
1194
253.02 Board of trustees; powers and duties.--
1195
(2)(a) The board of trustees shall not sell, transfer, or
1196
otherwise dispose of any lands the title to which is vested in
1197
the board of trustees except by vote of at least three of the
1198
four trustees and as provided in this subsection.
1199
(b) In order to promote efficient, effective, and
1200
economical management of state lands and utility services and if
1201
the Public Service Commission has determined a need exists or the
1202
Federal Energy Regulatory Commission has granted a Certificate of
1203
Public Convenience and Necessity, the authority to grant
1204
easements for rights-of-way over, across, and upon lands the
1205
title to which is vested in the board of trustees for the
1206
construction and operation of natural gas pipeline transmission
1207
and linear facilities, including electric transmission and
1208
distribution facilities, may be delegated to
1209
the Secretary of Environmental Protection for facilities subject
1210
to part II of chapter 403 or part IV of chapter 373.
1211
Section 14. Subsection (14) is added to section 253.034,
1212
Florida Statutes, to read:
1213
253.034 State-owned lands; uses.--
1214
(14)(a) If a public utility, regional transmission
1215
organization, or natural gas company presents competent and
1216
substantial evidence that its use of nonsovereignty state-owned
1217
lands is reasonable based upon a consideration of economic and
1218
environmental factors, including an assessment of practicable
1219
alternative alignments and assurance that the lands will remain
1220
in their predominantly natural condition, the public utility,
1221
regional transmission organization, or natural gas company may be
1222
granted fee simple title, easements, or other interests in
1223
nonsovereignty state-owned lands title to which is vested in the
1224
board of trustees, a water management district, or any other
1225
agency in the state for:
1226
1. Electric transmission and distribution lines;
1227
2. Natural gas pipelines; or
1228
3. Other linear facilities for which the Public Service
1229
Commission has determined a need exists or the Federal Energy
1230
Regulatory Commission has issued a Certificate of Public
1231
Convenience and Necessity.
1232
(b) In exchange for less than a fee simple interest
1233
acquired pursuant to this subsection, the grantee shall pay an
1234
amount equal to the fair market value of the interest acquired.
1235
In addition, for the initial grant of such interests only, the
1236
grantee shall also vest in the grantor a fee simple interest to
1237
other available land that is 1.5 times the size of the land
1238
acquired by the grantee. The grantor shall approve the property
1239
to be acquired on its behalf based on the geographic location in
1240
relation to the land relinquished by the grantor agency and a
1241
determination that the economic, ecological, and recreational
1242
value is at least equivalent to that of the property transferred
1243
to the public utility, regional transmission organization, or
1244
natural gas company.
1245
(c) In exchange for a fee simple interest acquired pursuant
1246
to this subsection, the grantee shall pay an amount equal to the
1247
fair market value of the interest acquired. In addition, for the
1248
initial grant of such interests only, the grantee shall also vest
1249
in the grantor a fee simple title to other available land that is
1250
two times the size of the land acquired by the grantee. The
1251
grantor shall approve the land to be acquired on its behalf based
1252
on the geographic location in relation to the land relinquished
1253
by the grantor agency and a determination that the economic and
1254
ecological or recreational value is at least equivalent to that
1255
of the property transferred to the public utility, regional
1256
transmission organization, or natural gas company.
1257
(d) As an alternative to the consideration provided for in
1258
paragraphs (b) and (c), the grantee may, subject to the grantor's
1259
approval, pay the fair market value of the state-owned land plus
1260
one-half of the cost differential between the cost of
1261
constructing the facility on state-owned land and the cost of
1262
avoiding state-owned lands, up to a maximum of twice the fair
1263
market value of the land acquired by the grantee. The grantor may
1264
use these moneys to acquire fee simple or less than fee simple
1265
interest in other available land.
1266
Section 15. Paragraph (d) of subsection (3) of section
1267
255.249, Florida Statutes, is amended to read:
1268
255.249 Department of Management Services; responsibility;
1269
department rules.--
1270
(3)
1271
(d) By June 30 of each year, each state agency shall
1272
annually provide to the department all information regarding
1273
agency programs affecting the need for or use of space by that
1274
agency, reviews of lease-expiration schedules for each geographic
1275
area, active and planned full-time equivalent data, business case
1276
analyses related to consolidation plans by an agency,
1277
telecommuting plans, and current occupancy and relocation costs,
1278
inclusive of furnishings, fixtures and equipment, data, and
1279
communications.
1280
Section 16. Section 255.251, Florida Statutes, is amended
1281
to read:
1282
255.251 Energy Conservation and Sustainable in Buildings
1283
Act; short title.--Sections 255.251-255.258 may This act shall be
1284
cited as the "Florida Energy Conservation and Sustainable in
1285
Buildings Act of 1974."
1286
Section 17. Section 255.252, Florida Statutes, is amended
1287
to read:
1288
255.252 Findings and intent.--
1289
(1) Operating and maintenance expenditures associated with
1290
energy equipment and with energy consumed in state-financed and
1291
leased buildings represent a significant cost over the life of a
1292
building. Energy conserved by appropriate building design not
1293
only reduces the demand for energy but also reduces costs for
1294
building operation. For example, commercial buildings are
1295
estimated to use from 20 to 80 percent more energy than would be
1296
required if energy-conserving designs were used. The size,
1297
design, orientation, and operability of windows, the ratio of
1298
ventilating air to air heated or cooled, the level of lighting
1299
consonant with space-use requirements, the handling of occupancy
1300
loads, and the ability to zone off areas not requiring equivalent
1301
levels of heating or cooling are but a few of the considerations
1302
necessary to conserving energy.
1303
(2) Significant efforts are needed to build energy-
1304
efficient state-owned buildings that meet environmental standards
1305
and underway by the General Services Administration, the National
1306
Institute of Standards and Technology, and others to detail the
1307
considerations and practices for energy conservation in
1308
buildings. Most important is that energy-efficient designs
1309
provide energy savings over the life of the building structure.
1310
Conversely, energy-inefficient designs cause excess and wasteful
1311
energy use and high costs over that life. With buildings lasting
1312
many decades and with energy costs escalating rapidly, it is
1313
essential that the costs of operation and maintenance for energy-
1314
using equipment and sustainable materials be included in all
1315
design proposals for state-owned state buildings.
1316
(3) In order that such energy-efficiency and sustainable
1317
material considerations become a function of building design, and
1318
also a model for future application in the private sector, it
1319
shall be the policy of the state that buildings constructed and
1320
financed by the state be designed and constructed to meet the
1321
United States Green Building Council (USGBC) Leadership in Energy
1322
and Environmental Design (LEED) rating system, the Green Building
1323
Initiative's Green Globes rating system, or the Florida Green
1324
Building Coalition standards, or a nationally recognized high-
1325
performance green building rating system as approved by the
1326
department in a manner which will minimize the consumption of
1327
energy used in the operation and maintenance of such buildings.
1328
It is further the policy of the state, when economically
1329
feasible, to retrofit existing state-owned buildings in a manner
1330
that which will minimize the consumption of energy used in the
1331
operation and maintenance of such buildings.
1332
(4) In addition to designing and constructing new buildings
1333
to be energy-efficient, it shall be the policy of the state to
1334
operate and, maintain, and renovate existing state facilities, or
1335
provide for their renovation, in a manner that which will
1336
minimize energy consumption and maximize building sustainability
1337
as well as ensure that facilities leased by the state are
1338
operated so as to minimize energy use. It is further the policy
1339
of this state that the renovation of existing state facilities be
1340
in accordance with the United States Green Building Council's
1341
Leadership in Energy and Environmental Design (LEED) rating
1342
system, the Green Building Initiative's Green Globes rating
1343
system, the Florida Green Building Coalition standards, or a
1344
nationally recognized high-performance green building rating
1345
system as approved by the department. State agencies are
1346
encouraged to consider shared savings financing of such energy
1347
efficiency and conservation projects, using contracts which split
1348
the resulting savings for a specified period of time between the
1349
state agency and the private firm or cogeneration contracts that
1350
which otherwise permit the state to lower its net energy costs.
1351
Such energy contracts may be funded from the operating budget.
1352
(5) Each state agency occupying space within buildings
1353
owned or managed by the Department of Management Services must
1354
identify and compile a list of projects determined to be suitable
1355
for a guaranteed energy, water, and wastewater performance
1356
savings contract pursuant to s. 489.145. The list of projects
1357
compiled by each state agency shall be submitted to the
1358
Department of Management Services by December 31, 2008, and must
1359
include all criteria used to determine suitability. The list of
1360
projects shall be developed from the list of state-owned
1361
facilities greater than 5,000 square feet in area and for which
1362
the state agency is responsible for paying the expenses of
1363
utilities and other operating expenses as they relate to energy
1364
use. In consultation with each state agency executive officer, by
1365
July 1, 2009, the department shall prioritize all projects deemed
1366
suitable by each state agency and shall develop an energy-
1367
efficiency project schedule based on factors such as project
1368
magnitude, efficiency and effectiveness of energy conservation
1369
measures to be implemented, and other factors that may prove to
1370
be advantageous to pursue. The schedule shall provide the
1371
deadline for guaranteed energy, water, and wastewater performance
1372
savings contract improvements to be made to the state-owned
1373
buildings.
1374
Section 18. Section 255.253, Florida Statutes, is amended
1375
to read:
1377
(1) "Department" means the Department of Management
1378
Services.
1379
(2) "Facility" means a building or other structure.
1380
(3) "Energy performance index or indices" (EPI) means a
1381
number describing the energy requirements at the building
1382
boundary of a facility, per square foot of floor space or per
1383
cubic foot of occupied volume, as appropriate under defined
1384
internal and external ambient conditions over an entire seasonal
1385
cycle. As experience develops on the energy performance achieved
1386
with state building, the indices (EPI) will serve as a measure of
1387
building performance with respect to energy consumption.
1388
(4) "Life-cycle costs" means the cost of owning, operating,
1389
and maintaining the facility over the life of the structure. This
1390
may be expressed as an annual cost for each year of the
1391
facility's use.
1392
(5) "Shared savings financing" means the financing of
1393
energy conservation measures and maintenance services through a
1394
private firm which may own any purchased equipment for the
1395
duration of a contract, which may shall not exceed 10 years
1396
unless so authorized by the department. The Such contract shall
1397
specify that the private firm will be recompensed either out of a
1398
negotiated portion of the savings resulting from the conservation
1399
measures and maintenance services provided by the private firm
1400
or, in the case of a cogeneration project, through the payment of
1401
a rate for energy lower than would otherwise have been paid for
1402
the same energy from current sources.
1403
(6) "Sustainable building" means a building that is healthy
1404
and comfortable for its occupants and is economical to operate
1405
while conserving resources, including energy, water, raw
1406
materials, and land, and minimizing the generation and use of
1407
toxic materials and waste in its design, construction,
1408
landscaping, and operation.
1409
(7) "Sustainable building rating" means a rating
1410
established by the United States Green Building Council (USGBC)
1411
Leadership in Energy and Environmental Design (LEED) rating
1412
system, the Green Building Initiative's Green Globes rating
1413
system, or the Florida Green Building Coalition standards.
1414
Section 19. Subsection (1) of section 255.254, Florida
1415
Statutes, is amended to read:
1416
255.254 No facility constructed or leased without life-
1417
cycle costs.--
1418
(1) A No state agency may not shall lease, construct, or
1419
have constructed, within limits prescribed herein, a facility
1420
without having secured from the department an a proper evaluation
1421
of life-cycle costs based on sustainable building ratings, as
1422
computed by an architect or engineer. Furthermore, construction
1423
shall proceed only upon disclosing to the department, for the
1424
facility chosen, the life-cycle costs as determined in s.
1425
255.255, its sustainable building rating goal, and the
1426
capitalization of the initial construction costs of the building.
1427
The life-cycle costs and the sustainable building rating goal
1428
shall be a primary considerations consideration in the selection
1429
of a building design. Such analysis shall be required only for
1430
construction of buildings with an area of 5,000 square feet or
1431
greater. For leased buildings 5,000 square feet areas of 20,000
1432
square feet or greater within a given building boundary, an
1433
energy performance a life-cycle analysis consisting of a
1434
projection of the annual energy consumption costs in dollars per
1435
square foot of major energy-consuming equipment and systems based
1436
on actual expenses, from the last 3 years, and projected forward
1437
for the term of the proposed lease shall be performed. The, and a
1438
lease shall only be made only where there is a showing that the
1439
energy life-cycle costs incurred by the state are minimal
1440
compared to available like facilities. Any building leased by the
1441
state from a private-sector entity shall include, as a part of
1442
the lease, provisions for monthly energy-use data to be collected
1443
and submitted monthly to the department by the owner of the
1444
building.
1445
Section 20. Subsection (1) of section 255.255, Florida
1446
Statutes, is amended to read:
1447
255.255 Life-cycle costs.--
1448
(1) The department shall adopt promulgate rules and
1449
procedures, including energy conservation performance guidelines,
1450
based on sustainable building ratings, for conducting a life-
1451
cycle cost analysis of alternative architectural and engineering
1452
designs and alternative major items of energy-consuming equipment
1453
to be retrofitted in existing state-owned or leased facilities
1454
and for developing energy performance indices to evaluate the
1455
efficiency of energy utilization for competing designs in the
1456
construction of state-financed and leased facilities.
1457
Section 21. Section 255.257, Florida Statutes, is amended
1458
to read:
1459
255.257 Energy management; buildings occupied by state
1460
agencies.--
1461
(1) ENERGY CONSUMPTION AND COST DATA.--Each state agency
1462
shall collect data on energy consumption and cost. The data
1463
gathered shall be on state-owned facilities and metered state-
1464
leased facilities of 5,000 net square feet or more. These data
1465
will be used in the computation of the effectiveness of the state
1466
energy management plan and the effectiveness of the energy
1467
management program of each of the state agencies. Collected data
1468
shall be reported annually to the department in a format
1469
prescribed by the department.
1470
(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency, the
1471
Florida Public Service Commission, the Department of Military
1472
Affairs, and the judicial branch shall appoint a coordinator
1473
whose responsibility shall be to advise the head of the state
1474
agency on matters relating to energy consumption in facilities
1475
under the control of that head or in space occupied by the
1476
various units comprising that state agency, in vehicles operated
1477
by that state agency, and in other energy-consuming activities of
1478
the state agency. The coordinator shall implement the energy
1479
management program agreed upon by the state agency concerned and
1480
assist the department in the development of the State Energy
1481
Management Plan.
1482
(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1483
Department of Management Services shall may develop a state
1484
energy management plan consisting of, but not limited to, the
1485
following elements:
1486
(a) Data-gathering requirements;
1487
(b) Building energy audit procedures;
1488
(c) Uniform data analysis procedures;
1489
(d) Employee energy education program measures;
1490
(e) Energy consumption reduction techniques;
1491
(f) Training program for state agency energy management
1492
coordinators; and
1493
(g) Guidelines for building managers.
1494
1495
The plan shall include a description of actions to be taken by
1496
all state agencies to reduce consumption of electricity and
1497
nonrenewable energy sources used for space heating and cooling,
1498
ventilation, lighting, water heating, and transportation.
1499
(4) All state agencies shall adopt the United States Green
1500
Building Council's Leadership in Energy and Environmental Design
1501
(LEED) rating system, the Green Building Initiative's Green
1502
Globes rating system, or the Florida Green Building Coalition
1503
standards.
1504
(5) A state agency may not enter into new leasing
1505
agreements for office space that does not meet Energy Star
1506
building standards unless the appropriate state government entity
1507
executive determines that no other viable or cost-effective
1508
alternative exists.
1509
(6) All state agencies shall develop energy-conservation
1510
measures and guidelines for new and existing office space where
1511
state agencies occupy more than 5,000 square feet. These
1512
conservation measures shall focus on programs that may reduce
1513
energy consumption and, when established, will provide a net
1514
reduction in occupancy costs.
1515
Section 22. Section 286.275, Florida Statutes, is created
1516
to read:
1517
286.275 Climate friendly public business.--The Legislature
1518
recognizes the importance of leadership by state government in
1519
the area of energy efficiency and in reducing the greenhouse gas
1520
emissions of state government operations. The following shall
1521
pertain to all state government entities, as defined in this
1522
section, when conducting public business:
1523
(1) The Department of Management Services shall develop the
1524
Florida Climate Friendly Preferred Products List. In maintaining
1525
that list, the department, in consultation with the Department of
1526
Environmental Protection, shall continually assess products that
1527
are currently available for purchase under state term contracts
1528
and identify specific products and vendors that provide clear
1529
energy efficiency or other environmental benefits over competing
1530
products. When procuring products from state term contracts,
1531
state agencies shall first consult the Florida Climate Friendly
1532
Preferred Products List and procure such products if the price is
1533
comparable.
1534
(2) Effective July 1, 2008, state agencies shall contract
1535
for meeting and conference space only with hotels or conference
1536
facilities that have received the "Green Lodging" designation
1537
from the Department of Environmental Protection for best
1538
practices in water, energy, and waste-efficiency standards,
1539
unless the responsible state agency's chief executive officer
1540
makes a determination that no other viable alternative exists.
1541
The Department of Environmental Protection is authorized to adopt
1542
rules to implement the "Green Lodging" program.
1543
(3) The Department of Environmental Protection may
1544
establish voluntary technical assistance programs in accordance
1545
with s. 403.074. Such programs may include the Clean Marinas,
1546
Clean Boatyards, Clean Retailers, Clean Boaters, and Green Yards
1547
Programs. The programs may include certifications, designations,
1548
or other forms of recognition. The department may implement some
1549
or all of these programs through rulemaking; however, the rules
1550
may not impose requirements on a person who does not wish to
1551
participate in a program. Each state agency shall patronize
1552
businesses that have received such certifications or designations
1553
to the greatest extent practicable.
1554
(4) Each state agency shall ensure that all maintained
1555
vehicles meet minimum maintenance schedules shown to reduce fuel
1556
consumption, which include ensuring appropriate tire pressures
1557
and tread depth, replacing fuel filters and emission filters at
1558
recommended intervals, using proper motor oils, and performing
1559
timely motor maintenance. Each state agency shall measure and
1560
report compliance to the Department of Management Services
1561
through the Equipment Management Information System database.
1562
(5) When procuring a vehicle, state agencies shall first
1563
define the intended purpose of the vehicle and determine for
1564
which of the following use classes the vehicle is being procured:
1565
(a) State business travel, designated operator;
1566
(b) State business travel, pool operators;
1567
(c) Construction, agricultural or maintenance work;
1568
(d) Conveyance of passengers;
1569
(e) Conveyance of building or maintenance materials and
1570
supplies;
1571
(f) Off-road vehicles, motorcycles, and all-terrain
1572
vehicles;
1573
(g) Emergency response; or
1574
(h) Other.
1575
1576
Vehicles in paragraphs (a) through (h), when being processed for
1577
purchase or leasing agreements, must be selected for the greatest
1578
fuel efficiency available for a given use class when fuel-economy
1579
data are available. Exceptions may be made for certain individual
1580
vehicles in subparagraph 7., when accompanied, during the
1581
procurement process, by documentation indicating that the
1582
operator or operators will exclusively be emergency first
1583
responders or have special documented need for exceptional
1584
vehicle performance characteristics. Any request for an exception
1585
must be approved by the purchasing agency's chief executive
1586
officer and any exceptional performance characteristics denoted
1587
as a part of the procurement process prior to purchase.
1588
(6) All state agencies shall use ethanol and biodiesel-
1589
blended fuels, when available. State agencies administering
1590
central fueling operations for state-owned vehicles shall procure
1591
biofuels for fleet needs to the greatest extent practicable.
1592
Section 23. Paragraph (b) of subsection (2) and subsection
1593
(5) of section 287.063, Florida Statutes, are amended to read:
1594
287.063 Deferred-payment commodity contracts; preaudit
1595
review.--
1596
(2)
1597
(b) The Chief Financial Officer shall establish, by rule,
1598
criteria for approving purchases made under deferred-payment
1599
contracts which require the payment of interest. Criteria shall
1600
include, but not be limited to, the following provisions:
1601
1. No contract shall be approved in which interest exceeds
1602
the statutory ceiling contained in this section. However, the
1603
interest component of any master equipment financing agreement
1604
entered into for the purpose of consolidated financing of a
1605
deferred-payment, installment sale, or lease-purchase shall be
1606
deemed to comply with the interest rate limitation of this
1607
section so long as the interest component of every interagency
1608
agreement under such master equipment financing agreement
1609
complies with the interest rate limitation of this section.
1610
2. No deferred-payment purchase for less than $30,000 shall
1611
be approved, unless it can be satisfactorily demonstrated and
1612
documented to the Chief Financial Officer that failure to make
1613
such deferred-payment purchase would adversely affect an agency
1614
in the performance of its duties. However, the Chief Financial
1615
Officer may approve any deferred-payment purchase if the Chief
1616
Financial Officer determines that such purchase is economically
1617
beneficial to the state.
1618
3. No agency shall obligate an annualized amount of
1619
payments for deferred-payment purchases in excess of current
1620
operating capital outlay appropriations, unless specifically
1621
authorized by law or unless it can be satisfactorily demonstrated
1622
and documented to the Chief Financial Officer that failure to
1623
make such deferred-payment purchase would adversely affect an
1624
agency in the performance of its duties.
1625
3.4. No contract shall be approved which extends payment
1626
beyond 5 years, unless it can be satisfactorily demonstrated and
1627
documented to the Chief Financial Officer that failure to make
1628
such deferred-payment purchase would adversely affect an agency
1629
in the performance of its duties. The payment term may not exceed
1630
the useful life of the equipment unless the contract provides for
1631
the replacement or the extension of the useful life of the
1632
equipment during the term of the loan.
1633
(5) For purposes of this section, the annualized amount of
1634
any such deferred payment commodity contract must be supported
1635
from available recurring funds appropriated to the agency in an
1636
appropriation category, other than the expense appropriation
1637
category as defined in chapter 216, which that the Chief
1638
Financial Officer has determined is appropriate or that the
1639
Legislature has designated for payment of the obligation incurred
1640
under this section.
1641
Section 24. Subsections (10) and (11) of section 287.064,
1642
Florida Statutes, are amended to read:
1643
287.064 Consolidated financing of deferred-payment
1644
purchases.--
1645
(10)(a) A master equipment financing agreement may finance
1646
the cost of energy, water, or wastewater efficiency and
1647
conservation measures, as defined in s. 489.145, excluding the
1648
costs of training, operation, and maintenance, for a term of
1649
repayment that may exceed 5 years but not more than 20 years.
1650
(b) The guaranteed energy, water, and wastewater savings
1651
contractor shall provide for the replacement or the extension of
1652
the useful life of the equipment during the term of the contract.
1653
Costs incurred pursuant to a guaranteed energy performance
1654
savings contract, including the cost of energy conservation
1655
measures, each as defined in s. 489.145, may be financed pursuant
1656
to a master equipment financing agreement; however, the costs of
1657
training, operation, and maintenance may not be financed. The
1658
period of time for repayment of the funds drawn pursuant to the
1659
master equipment financing agreement under this subsection may
1660
exceed 5 years but may not exceed 10 years.
1661
(11) For purposes of consolidated financing of deferred
1662
payment commodity contracts under this section by a state agency,
1663
the annualized amount of any such contract must be supported from
1664
available recurring funds appropriated to the agency in an
1665
appropriation category, other than the expense appropriation
1666
category as defined in chapter 216, which that the Chief
1667
Financial Officer has determined is appropriate or which that the
1668
Legislature has designated for payment of the obligation incurred
1669
under this section.
1670
Section 25. Subsection (12) is added to section 287.16,
1671
Florida Statutes, to read:
1672
287.16 Powers and duties of department.--The Department of
1673
Management Services shall have the following powers, duties, and
1674
responsibilities:
1675
(12) To conduct, in coordination with the Department of
1676
Transportation, an analysis of ethanol and biodiesel use by the
1677
Department of Transportation through its central fueling
1678
facilities. The Department of Management Services shall encourage
1679
other state government entities to analyze transportation fuel
1680
usage, including the different types and percentages of fuels
1681
consumed, and report such information to the department.
1682
Section 26. Present paragraphs (a) through (n) of
1683
subsection (2) of section 288.1089, Florida Statutes, are
1684
redesignated as paragraphs (b) through (o), respectively, and a
1685
new paragraph (a) is added to that subsection, subsection (3) of
1686
that section is amended, and paragraph (d) is added to subsection
1687
(4) of that section, to read:
1688
288.1089 Innovation Incentive Program.--
1689
(2) As used in this section, the term:
1690
(a) "Alternative and renewable energy" means electrical,
1691
mechanical, or thermal energy produced from a method that uses
1692
one or more of the following fuels or energy sources: ethanol,
1693
cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1694
hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1695
or geothermal.
1696
(3) To be eligible for consideration for an innovation
1697
incentive award, an innovation business, or research and
1698
development entity, or alternative and renewable energy project
1699
must submit a written application to Enterprise Florida, Inc.,
1700
before making a decision to locate new operations in this state
1701
or expand an existing operation in this state. The application
1702
must include, but not be limited to:
1703
(a) The applicant's federal employer identification number,
1704
unemployment account number, and state sales tax registration
1705
number. If such numbers are not available at the time of
1706
application, they must be submitted to the office in writing
1707
prior to the disbursement of any payments under this section.
1708
(b) The location in this state at which the project is
1709
located or is to be located.
1710
(c) A description of the type of business activity,
1711
product, or research and development undertaken by the applicant,
1712
including six-digit North American Industry Classification System
1713
codes for all activities included in the project.
1714
(d) The applicant's projected investment in the project.
1715
(e) The total investment, from all sources, in the project.
1716
(f) The number of net new full-time equivalent jobs in this
1717
state the applicant anticipates having created as of December 31
1718
of each year in the project and the average annual wage of such
1719
jobs.
1720
(g) The total number of full-time equivalent employees
1721
currently employed by the applicant in this state, if applicable.
1722
(h) The anticipated commencement date of the project.
1723
(i) A detailed explanation of why the innovation incentive
1724
is needed to induce the applicant to expand or locate in the
1725
state and whether an award would cause the applicant to locate or
1726
expand in this state.
1727
(j) If applicable, an estimate of the proportion of the
1728
revenues resulting from the project that will be generated
1729
outside this state.
1730
(4) To qualify for review by the office, the applicant
1731
must, at a minimum, establish the following to the satisfaction
1732
of Enterprise Florida, Inc., and the office:
1733
(d) For an alternative and renewable energy project in this
1734
state, the project must:
1735
1. Demonstrate a plan for significant collaboration with an
1736
institution of higher education;
1737
2. Provide the state, at a minimum, a break-even return on
1738
investment within a 20-year period;
1739
3. Include matching funds provided by the applicant or
1740
other available sources. This requirement may be waived if the
1741
office and the department determine that the merits of the
1742
individual project or the specific circumstances warrant such
1743
action;
1744
4. Be located in this state;
1745
5. Provide jobs that pay an estimated annual average wage
1746
that equals at least 130 percent of the average private-sector
1747
wage. The average wage requirement may be waived if the office
1748
and the commission determine that the merits of the individual
1749
project or the specific circumstances warrant such action; and
1750
6. Meet one of the following criteria:
1751
a. Result in the creation of at least 35 direct, new jobs
1752
at the business.
1753
b. Have an activity or product that uses feedstock or other
1754
raw materials grown or produced in this state.
1755
c. Have a cumulative investment of at least $50 million
1756
within a 5-year period.
1757
d. Address the technical feasibility of the technology, and
1758
the extent to which the proposed project has been demonstrated to
1759
be technically feasible based on pilot project demonstrations,
1760
laboratory testing, scientific modeling, or engineering or
1761
chemical theory that supports the proposal.
1762
e. Include innovative technology and the degree to which
1763
the project or business incorporates an innovative new technology
1764
or an innovative application of an existing technology.
1765
f. Include production potential and the degree to which a
1766
project or business generates thermal, mechanical, or electrical
1767
energy by means of a renewable energy resource that has
1768
substantial long-term production potential. The project must, to
1769
the extent possible, quantify annual production potential in
1770
megawatts or kilowatts.
1771
g. Include and address energy efficiency and the degree to
1772
which a project demonstrates efficient use of energy, water, and
1773
material resources.
1774
h. Include project management and the ability of management
1775
to administer a complete the business project.
1776
Section 27. Subsection (1) of section 337.401, Florida
1777
Statutes, is amended to read:
1778
337.401 Use of right-of-way for utilities subject to
1779
regulation; permit; fees.--
1780
(1) The department and local governmental entities,
1782
jurisdiction and control of public roads or publicly owned rail
1783
corridors are authorized to prescribe and enforce reasonable
1784
rules or regulations with reference to the placing and
1785
maintaining along, across, or on any road or publicly owned rail
1786
corridors under their respective jurisdictions any electric
1787
transmission, telephone, telegraph, or other communications
1788
services lines; pole lines; poles; railways; ditches; sewers;
1789
water, heat, or gas mains; pipelines; fences; gasoline tanks and
1790
pumps; or other structures hereinafter referred to in this
1791
section as the "utility." For aerial and underground electric
1792
utility transmission lines designed to operate at 69 kV or more
1793
which are needed to accommodate the additional electrical
1794
transfer capacity on the transmission grid resulting from new
1795
base-load generating facilities, where there is no other
1796
practicable alternative available for placement of the electric
1797
utility transmission lines on the department's rights-of-way, the
1798
department's rules shall provide for placement of and access to
1799
such transmission lines within the right-of-way of any
1800
department-controlled public roads, including longitudinally
1801
within limited access facilities to the greatest extent allowed
1802
by federal law if compliance with the standards established by
1803
such rules is achieved. Such rules may include, but need not be
1804
limited to, presentation of competent and substantial evidence
1805
that the use of the right-of-way is reasonable based upon a
1806
consideration of economic and environmental factors, including,
1807
without limitation, other utility corridors and easements and
1808
minimum clear zones and other safety standards if such
1809
improvements do not interfere with operational requirements of
1810
the transportation facility or planned or potential future
1811
expansion of such transportation facility. If the department
1812
approves longitudinal placement of electric utility transmission
1813
lines in limited access facilities, compensation for the use of
1814
the right-of-way is required. Such consideration or compensation
1815
paid by the electric utility in connection with the department's
1816
issuance of a permit does not create any property right in the
1817
department's property regardless of the amount of consideration
1818
paid or the improvements constructed on the property by the
1819
utility. Upon notice by the department that the property is
1820
needed for expansion or improvement of the transportation
1821
facility, the electric utility transmission line shall relocate
1822
from the facility at the electric utility's sole expense. Such
1823
relocation shall occur under a schedule mutually agreed upon by
1824
the department and the electric utility, taking into
1825
consideration the maintenance of overall grid reliability and
1826
minimizing the relocation costs to the electric utility's
1827
customers. If the utility fails to meet the agreed upon schedule
1828
for relocation, the utility shall be responsible for reasonable
1829
direct delay damages due to the sole negligence of the electric
1830
utility as determined by a court of competent jurisdiction. As
1831
used in this subsection, the term "base-load generating
1832
facilities" mean electrical power plants that are certified under
1833
part II of chapter 403. The department may enter into a permit-
1834
delegation agreement with a governmental entity if issuance of a
1835
permit is based on requirements that the department finds will
1836
ensure the safety and integrity of facilities of the Department
1837
of Transportation; however, the permit-delegation agreement does
1838
not apply to facilities of electric utilities as defined in s.
1839
366.02(2).
1840
Section 28. Subsections (1) and (7) of section 339.175,
1841
Florida Statutes, are amended to read:
1842
339.175 Metropolitan planning organization.--
1843
(1) PURPOSE.--It is the intent of the Legislature to
1844
encourage and promote the safe and efficient management,
1845
operation, and development of surface transportation systems that
1846
will serve the mobility needs of people and freight and foster
1847
economic growth and development within and through urbanized
1848
areas of this state while minimizing transportation-related fuel
1849
consumption, and air pollution, and greenhouse gas emissions
1850
through metropolitan transportation planning processes identified
1851
in this section. To accomplish these objectives, metropolitan
1852
planning organizations, referred to in this section as M.P.O.'s,
1853
shall develop, in cooperation with the state and public transit
1854
operators, transportation plans and programs for metropolitan
1855
areas. The plans and programs for each metropolitan area must
1856
provide for the development and integrated management and
1857
operation of transportation systems and facilities, including
1858
pedestrian walkways and bicycle transportation facilities that
1859
will function as an intermodal transportation system for the
1860
metropolitan area, based upon the prevailing principles provided
1861
in s. 334.046(1). The process for developing such plans and
1862
programs shall provide for consideration of all modes of
1863
transportation and shall be continuing, cooperative, and
1864
comprehensive, to the degree appropriate, based on the complexity
1865
of the transportation problems to be addressed. To ensure that
1866
the process is integrated with the statewide planning process,
1867
M.P.O.'s shall develop plans and programs that identify
1868
transportation facilities that should function as an integrated
1869
metropolitan transportation system, giving emphasis to facilities
1870
that serve important national, state, and regional transportation
1871
functions. For the purposes of this section, those facilities
1872
include the facilities on the Strategic Intermodal System
1873
designated under s. 339.63 and facilities for which projects have
1874
been identified pursuant to s. 339.2819(4).
1875
(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1876
develop a long-range transportation plan that addresses at least
1877
a 20-year planning horizon. The plan must include both long-range
1878
and short-range strategies and must comply with all other state
1879
and federal requirements. The prevailing principles to be
1880
considered in the long-range transportation plan are: preserving
1881
the existing transportation infrastructure; enhancing Florida's
1882
economic competitiveness; and improving travel choices to ensure
1883
mobility. The long-range transportation plan must be consistent,
1884
to the maximum extent feasible, with future land use elements and
1885
the goals, objectives, and policies of the approved local
1886
government comprehensive plans of the units of local government
1887
located within the jurisdiction of the M.P.O. Each M.P.O. is
1888
encouraged to consider strategies that integrate transportation
1889
and land use planning to provide for sustainable development and
1890
reduce greenhouse gas emissions. The approved long-range
1891
transportation plan must be considered by local governments in
1892
the development of the transportation elements in local
1893
government comprehensive plans and any amendments thereto. The
1894
long-range transportation plan must, at a minimum:
1895
(a) Identify transportation facilities, including, but not
1896
limited to, major roadways, airports, seaports, spaceports,
1897
commuter rail systems, transit systems, and intermodal or
1898
multimodal terminals that will function as an integrated
1899
metropolitan transportation system. The long-range transportation
1900
plan must give emphasis to those transportation facilities that
1901
serve national, statewide, or regional functions, and must
1902
consider the goals and objectives identified in the Florida
1903
Transportation Plan as provided in s. 339.155. If a project is
1904
located within the boundaries of more than one M.P.O., the
1905
M.P.O.'s must coordinate plans regarding the project in the long-
1906
range transportation plan.
1907
(b) Include a financial plan that demonstrates how the plan
1908
can be implemented, indicating resources from public and private
1909
sources which are reasonably expected to be available to carry
1910
out the plan, and recommends any additional financing strategies
1911
for needed projects and programs. The financial plan may include,
1912
for illustrative purposes, additional projects that would be
1913
included in the adopted long-range transportation plan if
1914
reasonable additional resources beyond those identified in the
1915
financial plan were available. For the purpose of developing the
1916
long-range transportation plan, the M.P.O. and the department
1917
shall cooperatively develop estimates of funds that will be
1918
available to support the plan implementation. Innovative
1919
financing techniques may be used to fund needed projects and
1920
programs. Such techniques may include the assessment of tolls,
1921
the use of value capture financing, or the use of value pricing.
1922
(c) Assess capital investment and other measures necessary
1923
to:
1924
1. Ensure the preservation of the existing metropolitan
1925
transportation system including requirements for the operation,
1926
resurfacing, restoration, and rehabilitation of major roadways
1927
and requirements for the operation, maintenance, modernization,
1928
and rehabilitation of public transportation facilities; and
1929
2. Make the most efficient use of existing transportation
1930
facilities to relieve vehicular congestion and maximize the
1931
mobility of people and goods.
1932
(d) Indicate, as appropriate, proposed transportation
1933
enhancement activities, including, but not limited to, pedestrian
1934
and bicycle facilities, scenic easements, landscaping, historic
1935
preservation, mitigation of water pollution due to highway
1936
runoff, and control of outdoor advertising.
1937
(e) In addition to the requirements of paragraphs (a)-(d),
1938
in metropolitan areas that are classified as nonattainment areas
1939
for ozone or carbon monoxide, the M.P.O. must coordinate the
1940
development of the long-range transportation plan with the State
1941
Implementation Plan developed pursuant to the requirements of the
1942
federal Clean Air Act.
1943
1944
In the development of its long-range transportation plan, each
1945
M.P.O. must provide the public, affected public agencies,
1946
representatives of transportation agency employees, freight
1947
shippers, providers of freight transportation services, private
1948
providers of transportation, representatives of users of public
1949
transit, and other interested parties with a reasonable
1950
opportunity to comment on the long-range transportation plan. The
1951
long-range transportation plan must be approved by the M.P.O.
1952
Section 29. Section 366.82, Florida Statutes, is amended to
1953
read:
1954
366.82 Definition; goals; plans; programs; annual reports;
1955
energy audits.--
1957
"utility" means any person or entity of whatever form which
1958
provides electricity or natural gas at retail to the public,
1959
specifically including municipalities or instrumentalities
1960
thereof and cooperatives organized under the Rural Electric
1961
Cooperative Law and specifically excluding any municipality or
1962
instrumentality thereof, any cooperative organized under the
1963
Rural Electric Cooperative Law, or any other person or entity
1964
providing natural gas at retail to the public whose annual sales
1965
volume is less than 100 million therms or any municipality or
1966
instrumentality thereof and any cooperative organized under the
1967
Rural Electric Cooperative Law providing electricity at retail to
1968
the public whose annual sales as of July 1, 1993, to end-use
1969
customers is less than 2,000 gigawatt hours.
1970
(2) The commission shall adopt appropriate goals for
1971
increasing the efficiency of energy consumption and increasing
1972
the development of cogeneration, specifically including goals
1973
designed to increase the conservation of expensive resources,
1974
such as petroleum fuels, to reduce and control the growth rates
1975
of electric consumption, and to reduce the growth rates of
1976
weather-sensitive peak demand. The Executive Office of the
1977
Governor shall be a party in the proceedings to adopt goals. The
1978
commission may change the goals for reasonable cause. The time
1979
period to review the goals, however, must shall not exceed 5
1980
years. After the programs and plans to meet those goals are
1981
completed, the commission shall determine what further goals,
1982
programs, or plans are warranted and, if so, shall adopt them.
1983
(3) The commission shall publish a notice of proposed
1984
rulemaking no later than July 1, 2009, requiring electric
1985
utilities to offset 20 percent of their annual load-growth
1986
through energy efficiency and conservation measures thereby
1987
constituting an energy-efficiency portfolio standard. The
1988
commission may allow efficiency investments across generation,
1989
transmission, and distribution as well as efficiencies within the
1990
user base. As part of the implementation rules, the commission
1991
shall create an in-state market for tradable credits enabling
1992
those electric utilities that exceed the standard to sell credits
1993
to those that cannot meet the standard for a given year. This
1994
efficiency standard is separate from and exclusive of the
1995
renewable portfolio standard that requires electricity providers
1996
to obtain a minimum percentage of their power from renewable
1997
energy resources. Every 3 years the commission shall review and
1998
reevaluate this efficacy of efficiency standard on a regional and
1999
statewide approach.
2000
(4)(3) Following adoption of goals pursuant to subsection
2001
(2), the commission shall require each utility to develop plans
2002
and programs to meet the overall goals within its service area.
2003
If any plan or program includes loans, collection of loans, or
2004
similar banking functions by a utility and the plan is approved
2005
by the commission, the utility shall perform such functions,
2006
notwithstanding any other provision of the law. The commission
2007
may pledge up to $5 million of the Florida Public Service
2008
Regulatory Trust Fund to guarantee such loans. However, no
2009
utility shall be required to loan its funds for the purpose of
2010
purchasing or otherwise acquiring conservation measures or
2011
devices, but nothing herein shall prohibit or impair the
2012
administration or implementation of a utility plan as submitted
2013
by a utility and approved by the commission under this
2014
subsection. If the commission disapproves a plan, it shall
2015
specify the reasons for disapproval, and the utility whose plan
2016
is disapproved shall resubmit its modified plan within 30 days.
2017
Prior approval by the commission shall be required to modify or
2018
discontinue a plan, or part thereof, which has been approved. If
2019
any utility has not implemented its programs and is not
2020
substantially in compliance with the provisions of its approved
2021
plan at any time, the commission shall adopt programs required
2022
for that utility to achieve the overall goals. Utility programs
2023
may include variations in rate design, load control,
2024
cogeneration, residential energy conservation subsidy, or any
2025
other measure within the jurisdiction of the commission which the
2026
commission finds likely to be effective; this provision shall not
2027
be construed to preclude these measures in any plan or program.
2028
(5)(4) The commission shall require periodic reports from
2029
each utility and shall provide the Legislature and the Governor
2030
with an annual report by March 1 of the goals it has adopted and
2031
its progress toward meeting those goals. The commission shall
2032
also consider the performance of each utility pursuant to ss.
2034
utilities over which the commission has ratesetting authority.
2035
(6) The commission shall require municipal and cooperative
2036
utilities that are exempt from the Florida Energy Efficiency and
2037
Conservation Act to submit an annual report to the commission
2038
identifying energy efficiency and conservation goals and the
2039
actions taken to meet those goals.
2040
(7)(5) The commission shall require each utility to offer,
2041
or to contract to offer, energy audits to its residential
2042
customers. This requirement need not be uniform, but may be based
2043
on such factors as level of usage, geographic location, or any
2044
other reasonable criterion, so long as all eligible customers are
2045
notified. The commission may extend this requirement to some or
2046
all commercial customers. The commission shall set the charge for
2047
audits by rule, not to exceed the actual cost, and may describe
2048
by rule the general form and content of an audit. In the event
2049
one utility contracts with another utility to perform audits for
2050
it, the utility for which the audits are performed shall pay the
2051
contracting utility the reasonable cost of performing the audits.
2052
Each utility over which the commission has ratesetting authority
2053
shall estimate its costs and revenues for audits, conservation
2054
programs, and implementation of its plan for the immediately
2055
following 6-month period. Reasonable and prudent unreimbursed
2056
costs projected to be incurred, or any portion of such costs, may
2057
be added to the rates which would otherwise be charged by a
2058
utility upon approval by the commission, provided that the
2059
commission shall not allow the recovery of the cost of any
2060
company image-enhancing advertising or of any advertising not
2061
directly related to an approved conservation program. Following
2062
each 6-month period, each utility shall report the actual results
2063
for that period to the commission, and the difference, if any,
2064
between actual and projected results shall be taken into account
2065
in succeeding periods. The state plan as submitted for
2066
consideration under the National Energy Conservation Policy Act
2067
shall not be in conflict with any state law or regulation.
2068
(8)(6)(a) Notwithstanding the provisions of s. 377.703, the
2069
commission shall be the responsible state agency for performing,
2070
coordinating, implementing, or administering the functions of the
2071
state plan submitted for consideration under the National Energy
2072
Conservation Policy Act and any acts amendatory thereof or
2073
supplemental thereto and for performing, coordinating,
2074
implementing, or administering the functions of any future
2075
federal program delegated to the state which relates to
2076
consumption, utilization, or conservation of electricity or
2077
natural gas; and the commission shall have exclusive
2078
responsibility for preparing all reports, information, analyses,
2079
recommendations, and materials related to consumption,
2080
utilization, or conservation of electrical energy which are
2081
required or authorized by s. 377.703.
2082
(b) The Florida Energy and Climate Commission, as created
2083
in s. 377.6015, Executive Office of the Governor shall be a party
2084
in the proceedings to adopt goals and shall file with the
2085
commission comments on the proposed goals including, but not
2086
limited to:
2087
1. An evaluation of utility load forecasts, including an
2088
assessment of alternative supply and demand side resource
2089
options.
2090
2. An analysis of various policy options which can be
2091
implemented to achieve a least-cost strategy.
2092
(9)(7) The commission shall establish all minimum
2093
requirements for energy auditors used by each utility. The
2094
commission is authorized to contract with any public agency or
2095
other person to provide any training, testing, evaluation, or
2096
other step necessary to fulfill the provisions of this
2097
subsection.
2098
(10) In evaluating the cost-effectiveness of demand-side
2099
management programs, the commission shall use methodologies that
2100
recognize the noneconomic benefits associated with reduced energy
2101
demand from energy efficiency and conservation programs and that
2102
recognize the benefits associated with not constructing new
2103
generation capacity.
2104
(11) The commission shall establish a renewable energy
2105
portfolio standard that requires electric utilities to generate
2106
or purchase a specified percentage of their electrical power from
2107
renewable energy resources of which not less than 3 percent must
2108
be solar and located within the state. Municipal and cooperative
2109
utilities that are exempt from the Florida Energy Efficiency and
2110
Conservation Act shall submit an annual report to the commission
2111
identifying the respective percentage of their electrical power
2112
that is generated or purchased from such renewable energy
2113
resources. The commission may adopt rules to administer this
2114
subsection.
2115
Section 30. Paragraph (d) of subsection (1) of section
2116
366.8255, Florida Statutes, is amended to read:
2117
366.8255 Environmental cost recovery.--
2118
(1) As used in this section, the term:
2119
(d) "Environmental compliance costs" includes all costs or
2120
expenses incurred by an electric utility in complying with
2121
environmental laws or regulations, including, but not limited to:
2122
1. Inservice capital investments, including the electric
2123
utility's last authorized rate of return on equity thereon;
2124
2. Operation and maintenance expenses;
2125
3. Fuel procurement costs;
2126
4. Purchased power costs;
2127
5. Emission allowance costs;
2128
6. Direct taxes on environmental equipment; and
2129
7. Costs or expenses prudently incurred by an electric
2130
utility pursuant to an agreement entered into on or after the
2131
effective date of this act and prior to October 1, 2002, between
2132
the electric utility and the Florida Department of Environmental
2133
Protection or the United States Environmental Protection Agency
2134
for the exclusive purpose of ensuring compliance with ozone
2135
ambient air quality standards by an electrical generating
2136
facility owned by the electric utility;.
2137
8. Costs or expenses prudently incurred for scientific
2138
research and geological assessments of carbon capture and storage
2139
for the purpose of reducing an electric utility's greenhouse gas
2140
emissions as defined in s. 403.44 when such costs or expenses are
2141
incurred in joint research projects with this state's government
2142
agencies and universities; and
2143
9. Costs or expenses prudently incurred for the
2144
quantification, reporting, and verification of greenhouse gas
2145
emissions by third parties as required for participation in
2146
emission registries.
2147
Section 31. Section 366.93, Florida Statutes, is amended to
2148
read:
2149
366.93 Cost recovery for the siting, design, licensing, and
2150
construction of nuclear and integrated gasification combined
2151
cycle power plants.--
2152
(1) As used in this section, the term:
2153
(a) "Cost" includes, but is not limited to, all capital
2154
investments, including rate of return, any applicable taxes, and
2155
all expenses, including operation and maintenance expenses,
2156
related to or resulting from the siting, licensing, design,
2157
construction, or operation of the nuclear power plant and any
2158
new, enlarged, or relocated electrical transmission lines or
2159
facilities of any size which are necessary to serve the nuclear
2160
or integrated gasification combined cycle power plant.
2161
(b) "Electric utility" or "utility" has the same meaning as
2162
that provided in s. 366.8255(1)(a).
2163
(c) "Integrated gasification combined cycle power plant" or
2164
"plant" is an electrical power plant as defined in s. 403.503(14)
2165
which s. 403.503(13) that uses synthesis gas produced by
2166
integrated gasification technology.
2167
(c)(d) "Nuclear power plant" or "plant" means is an
2168
electrical power plant, as defined in s. 403.503(14), which s.
2169
403.503(13) that uses nuclear materials for fuel.
2170
(d)(e) "Power plant" or "plant" means a nuclear power plant
2171
or an integrated gasification combined cycle power plant.
2172
(e)(f) "Preconstruction" is that period of time after a
2173
site, including any related electrical transmission lines or
2174
facilities, has been selected through and including the date the
2175
utility completes site-clearing site clearing work.
2176
Preconstruction costs shall be afforded deferred accounting
2177
treatment and shall accrue a carrying charge equal to the
2178
utility's allowance for funds during construction (AFUDC) rate
2179
until recovered in rates.
2180
(2) Within 6 months after the enactment of this act, the
2181
commission shall establish, by rule, alternative cost recovery
2182
mechanisms for the recovery of costs incurred in the siting,
2183
design, licensing, and construction of a nuclear power plant,
2184
including new, expanded, or relocated electrical transmission
2185
lines and facilities that are necessary to serve the nuclear or
2186
integrated gasification combined cycle power plant. Such
2187
mechanisms shall be designed to promote utility investment in
2188
nuclear or integrated gasification combined cycle power plants
2189
and allow for the recovery in rates of all prudently incurred
2190
costs, and shall include, but need are not be limited to:
2191
(a) Recovery through the capacity cost recovery clause of
2192
any preconstruction costs.
2193
(b) Recovery through an incremental increase in the
2194
utility's capacity cost recovery clause rates of the carrying
2195
costs on the utility's projected construction cost balance
2196
associated with the nuclear or integrated gasification combined
2197
cycle power plant. To encourage investment and provide certainty,
2198
for nuclear or integrated gasification combined cycle power plant
2199
need petitions submitted on or before December 31, 2010,
2200
associated carrying costs shall be equal to the pretax AFUDC in
2201
effect upon this act becoming law. For nuclear or integrated
2202
gasification combined cycle power plants for which need petitions
2203
are submitted after December 31, 2010, the utility's existing
2204
pretax AFUDC rate is presumed to be appropriate unless determined
2205
otherwise by the commission in the determination of need for the
2206
nuclear or integrated gasification combined cycle power plant.
2207
(3) After a petition for determination of need is granted,
2208
a utility may petition the commission for cost recovery as
2209
permitted by this section and commission rules.
2210
(4) When the nuclear or integrated gasification combined
2211
cycle power plant is placed in commercial service, the utility
2212
shall be allowed to increase its base rate charges by the
2213
projected annual revenue requirements of the nuclear or
2214
integrated gasification combined cycle power plant based on the
2215
jurisdictional annual revenue requirements of the plant for the
2216
first 12 months of operation. The rate of return on capital
2217
investments shall be calculated using the utility's rate of
2218
return last approved by the commission prior to the commercial
2219
inservice date of the nuclear or integrated gasification combined
2220
cycle power plant. If any existing generating plant is retired as
2221
a result of operation of the nuclear or integrated gasification
2222
combined cycle power plant, the commission shall allow for the
2223
recovery, through an increase in base rate charges, of the net
2224
book value of the retired plant over a period not to exceed 5
2225
years.
2226
(5) The utility shall report to the commission annually the
2227
budgeted and actual costs as compared to the estimated inservice
2228
cost of the nuclear or integrated gasification combined cycle
2229
power plant provided by the utility pursuant to s. 403.519(4),
2230
until the commercial operation of the nuclear or integrated
2231
gasification combined cycle power plant. The utility shall
2232
provide such information on an annual basis following the final
2233
order by the commission approving the determination of need for
2234
the nuclear or integrated gasification combined cycle power
2235
plant, with the understanding that some costs may be higher than
2236
estimated and other costs may be lower.
2237
(6) If In the event the utility elects not to complete or
2238
is precluded from completing construction of the nuclear power
2239
plant, including any new, expanded, or relocated electrical
2240
transmission lines or facilities or integrated gasification
2241
combined cycle power plant, the utility shall be allowed to
2242
recover all prudent preconstruction and construction costs
2243
incurred following the commission's issuance of a final order
2244
granting a determination of need for the nuclear power plant and
2245
electrical transmission lines and facilities or integrated
2246
gasification combined cycle power plant. The utility shall
2247
recover such costs through the capacity cost recovery clause over
2248
a period equal to the period during which the costs were incurred
2249
or 5 years, whichever is greater. The unrecovered balance during
2250
the recovery period will accrue interest at the utility's
2251
weighted average cost of capital as reported in the commission's
2252
earnings surveillance reporting requirement for the prior year.
2253
Section 32. Section 377.601, Florida Statutes, is amended
2254
to read:
2255
377.601 Legislative intent.--
2256
(1) The Legislature finds that this state's energy security
2257
can be increased by lessening dependence on foreign oil, that the
2258
impacts of global climate change can be reduced through the
2259
reduction of greenhouse gas emissions, and that the
2260
implementation of alternative energy technologies can be the
2261
source of new jobs and employment opportunities for many
2262
Floridians. The Legislature further finds that this state is
2263
positioned at the front line against potential impacts of global
2264
climate change. Human and economic costs of those impacts can be
2265
averted and, where necessary, adapted to by a concerted effort to
2266
make this state's communities more resilient and less vulnerable
2267
to these impacts. In focusing the government's policy and efforts
2268
to protect this state, its residents, and resources, the
2269
Legislature believes that a single government entity that has
2270
energy and climate change as its specific focus is both desirable
2271
and advantageous. the ability to deal effectively with present
2272
shortages of resources used in the production of energy is
2273
aggravated and intensified because of inadequate or nonexistent
2274
information and that intelligent response to these problems and
2275
to the development of a state energy policy demands accurate and
2276
relevant information concerning energy supply, distribution, and
2277
use. The Legislature finds and declares that a procedure for the
2278
collection and analysis of data on the energy flow in this state
2279
is essential to the development and maintenance of an energy
2280
profile defining the characteristics and magnitudes of present
2281
and future energy demands and availability so that the state may
2282
rationally deal with present energy problems and anticipate
2283
future energy problems.
2284
(2) The Legislature further recognizes that every state
2285
official dealing with energy problems should have current and
2286
reliable information on the types and quantity of energy
2287
resources produced, imported, converted, distributed, exported,
2288
stored, held in reserve, or consumed within the state.
2289
(3) It is the intent of the Legislature in the passage of
2290
this act to provide the necessary mechanisms for the effective
2291
development of information necessary to rectify the present lack
2292
of information which is seriously handicapping the state's
2293
ability to deal effectively with the energy problem. To this end,
2295
broadest possible interpretation consistent with the stated
2296
legislative desire to procure vital information.
2297
(2)(4) It is the policy of the State of Florida to:
2298
(a) Recognize and address the potential impacts of global
2299
climate change wherever possible. Develop and promote the
2300
effective use of energy in the state and discourage all forms of
2301
energy waste.
2302
(b) Play a leading role in developing and instituting
2303
energy management programs aimed at promoting energy
2304
conservation, energy security, and the reduction of greenhouse
2305
gas emissions.
2306
(c) Include energy considerations in all state, regional,
2307
and local planning.
2308
(d) Utilize and manage effectively energy resources used
2309
within state agencies.
2310
(e) Encourage local governments to include energy
2311
considerations in all planning and to support their work in
2312
promoting energy management programs.
2313
(f) Include the full participation of citizens in the
2314
development and implementation of energy programs.
2315
(g) Consider in its decisions the energy needs of each
2316
economic sector, including residential, industrial, commercial,
2317
agricultural, and governmental uses, and to reduce those needs
2318
whenever possible.
2319
(h) Promote energy education and the public dissemination
2320
of information on energy and its environmental, economic, and
2321
social impact.
2322
(i) Encourage the research, development, demonstration, and
2323
application of alternative energy resources, particularly
2324
renewable energy resources.
2325
(j) Consider, in its decisionmaking, the social, economic,
2326
security, and environmental impacts of energy-related activities,
2327
including the whole life-cycle impacts of any potential energy
2328
use choices, so that detrimental effects of these activities are
2329
understood and minimized.
2330
(k) Develop and maintain energy emergency preparedness
2331
plans to minimize the effects of an energy shortage within
2332
Florida.
2333
Section 33. Section 377.6015, Florida Statutes, is created
2334
to read:
2335
377.6015 Florida Energy and Climate Commission.--
2336
(1) The Florida Energy and Climate Commission is created
2337
and shall be located within the Executive Office of the Governor.
2338
The commission shall be comprised of seven members, and shall be
2339
appointed by the Governor pursuant to paragraphs (a) and (b).
2340
(a) The Governor shall select from three persons nominated
2341
by the Florida Public Service Commission Nominating Council,
2342
created in s. 350.031, for each seat on the commission; however,
2343
in order to expedite the seating of the commission upon
2344
implementation of this act, the Governor shall select seven
2345
persons, including the chair, from a list of 21 persons provided
2346
by the council.
2347
1. The council shall submit the recommendations to the
2348
Governor by September 1 of those years in which the terms are to
2349
begin the following October, or within 60 days after a vacancy
2350
occurs for any reason other than the expiration of the term.
2351
2. The Governor shall fill a vacancy occurring on the
2352
commission by appointment of one of the applicants nominated by
2353
the council only after a background investigation of such
2354
applicant has been conducted by the Department of Law
2355
Enforcement.
2356
3. Members shall be appointed to 3-year terms; however, in
2357
order to establish staggered terms, for the initial appointments,
2358
the Governor shall appoint four members to 3-year terms, two
2359
members to 2-year terms, and one member to a 1-year term.
2360
4. The Governor shall select the chair of the commission
2361
from among the members appointed.
2362
5. Vacancies on the commission shall be filled for the
2363
unexpired portion of the time in the same manner as original
2364
appointments to the commission.
2365
6. If the Governor has not made an appointment within 30
2366
consecutive calendar days after the receipt of the
2367
recommendation, the council shall initiate, in accordance with
2368
this section, the nominating process within 30 days.
2369
7. Each appointment to the commission shall be subject to
2370
confirmation by the Senate during the next regular session after
2371
the vacancy occurs. If the Senate refuses to confirm or fails to
2372
consider the Governor's appointment, the council shall initiate,
2373
in accordance with this section, the nominating process within 30
2374
days.
2375
8. When the Governor makes an appointment and that
2376
appointment has not been confirmed by the Senate before the
2377
appointing Governor's term ends, a successor Governor may, within
2378
30 days after taking office, recall the appointment and, prior to
2379
the first day of the next regular session, make a replacement
2380
appointment from the list provided to the previous Governor by
2381
the council. Such an appointment is subject to confirmation by
2382
the Senate at the next regular session following the creation of
2383
the vacancy to which the appointments are being made. If the
2384
replacement appointment is not timely made, or if the appointment
2385
is not confirmed by the Senate for any reason, the council, by
2386
majority vote, shall appoint, within 30 days after the
2387
Legislature adjourns sine die, one person from the applicants
2388
previously nominated to the Governor to fill the vacancy, and
2389
this appointee is subject to confirmation by the Senate during
2390
the next regular session following the appointment.
2391
(b) Members must meet the following qualifications and
2392
restrictions:
2393
1. A member must be an expert in one or more of the
2394
following fields: energy, natural resource conservation,
2395
economics, engineering, finance, law, transportation and land
2396
use, consumer protection, state energy policy, or another field
2397
substantially related to the duties and functions of the
2398
commission. The commission shall fairly represent the fields
2399
specified in this subparagraph.
2400
2. Each member shall, at the time of appointment and at
2401
each commission meeting during his or her term of office,
2402
disclose:
2403
a. Whether he or she has any financial interest, other than
2404
ownership of shares in a mutual fund, in any business entity
2405
that, directly or indirectly, owns or controls, or is an
2406
affiliate or subsidiary of, any business entity that may be
2407
affected by the policy recommendations developed by the
2408
commission.
2409
b. Whether he or she is employed by or is engaged in any
2410
business activity with any business entity that, directly or
2411
indirectly, owns or controls, or is an affiliate or subsidiary
2412
of, any business entity that may be affected by the policy
2413
recommendations developed by the commission.
2414
(c) The chair may designate ex officio, nonvoting members
2415
to provide information and advice to the commission. The
2416
following shall serve as ex officio, nonvoting members and may
2417
provide information and advice at the request of the chair:
2418
1. The chair of the Florida Public Service Commission, or
2419
designee;
2420
2. The Public Counsel, or designee;
2421
3. A representative of the Department of Agriculture and
2422
Consumer Services;
2423
4. A representative of the Department of Community Affairs;
2424
5. A representative of Department of Environmental
2425
Protection;
2426
6. A representative of Department of Transportation;
2427
7. A representative of the Department of Financial
2428
Services; and
2429
8. The presidents or their designee, of the University of
2430
Florida, Florida State University, the University of South
2431
Florida, the University of Central Florida, and Florida Atlantic
2432
University.
2433
(2) Members shall serve without compensation, but are
2434
entitled to reimbursement for per diem and travel expenses as
2435
provided in s. 112.061.
2436
(3) Meetings of the commission may be held in various
2437
locations around the state and at the call of the chair; however,
2438
the commission must meet at least six times each year.
2439
(4)(a) The commission may employ staff and counsel as
2440
needed in the performance of its duties. The commission may
2441
prosecute and defend legal actions in its own name.
2442
(b) The commission may form advisory groups consisting of
2443
members of the public to provide information on specific issues.
2444
(5) The commission shall:
2445
(a) Administer the Florida Renewable Energy and Biofuels
2447
a robust grant portfolio;
2448
(b) Develop policy recommendations for requiring grantees
2449
to provide royalty-sharing or licensing agreements with state
2450
government for commercialized products developed under a state
2451
grant;
2452
(c) Administer the information gathering and reporting
2454
(d) Administer the petroleum planning and emergency
2456
(e) Represent Florida in the Southern States Energy Compact
2458
(f) Complete the annual assessment of the efficacy of
2459
Florida's Energy and Climate Change Action Plan, upon completion
2460
by the Governor's Action Team, pursuant to the Governor's
2461
Executive Order 2007-128, and provide specific recommendations to
2462
the Governor and the Legislature each year to improve results.
2463
(g) Administer the provisions of the Florida Renewable
2464
Energy Technologies and Energy Efficiency Act as provided in ss.
2465
377.801-377.808.
2466
(h) Advocate for energy and climate change issues and
2467
provide educational outreach and technical assistance in
2468
cooperation with Florida's academic institutions.
2469
(i) Oversee the Florida Energy Systems Consortium created
2470
in s. 1004.648.
2471
(j) Adopt rules pursuant to chapter 120 in order to
2472
implement all powers and duties described in this chapter.
2473
Section 34. Subsection (2) of section 377.602, Florida
2474
Statutes, is amended to read:
2476
(2) "Commission" means the Florida Energy and Climate
2477
Commission "Department" means the Department of Environmental
2478
Protection.
2479
Section 35. Section 377.603, Florida Statutes, is amended
2480
to read:
2481
377.603 Energy data collection; powers and duties of the
2482
Florida Energy and Climate Commission Department of Environmental
2483
Protection.--
2484
(1) The commission may department shall collect data on the
2485
extraction, production, importation, exportation, refinement,
2486
transportation, transmission, conversion, storage, sale, or
2487
reserves of energy resources in this state in an efficient and
2488
expeditious manner.
2489
(2) The commission may department shall prepare periodic
2490
reports of energy data it collects.
2491
(3) The department shall prescribe and furnish forms for
2493
and shall consult with other state entities to assure that such
2494
data collected will meet their data requirements.
2495
(3)(4) The commission department may adopt and promulgate
2496
such rules and regulations as are necessary to carry out the
2498
to chapter 120.
2499
(4)(5) The commission department shall maintain internal
2500
validation procedures to assure the accuracy of information
2501
received.
2502
Section 36. Section 377.604, Florida Statutes, is amended
2503
to read:
2504
377.604 Required reports.--Every person who produces,
2505
imports, exports, refines, transports, transmits, converts,
2506
stores, sells, or holds known reserves of any form of energy
2507
resources used as fuel shall report to the commission, at the
2508
request of the commission, department at a frequency set, and in
2509
a manner prescribed, by the commission department, and on forms
2510
provided by the commission department and prepared with the
2511
advice of representatives of the energy industry. Such forms
2512
shall be designed in such a manner as to indicate:
2513
(1) The identity of the person or persons making the
2514
report.
2515
(2) The quantity of energy resources extracted, produced,
2516
imported, exported, refined, transported, transmitted, converted,
2517
stored, or sold except at retail.
2518
(3) The quantity of energy resources known to be held in
2519
reserve in the state.
2520
(4) The identity of each refinery from which petroleum
2521
products have normally been obtained and the type and quantity of
2522
products secured from that refinery for sale or resale in this
2523
state.
2524
(5) Any other information which the commission department
2526
Section 37. Section 377.605, Florida Statutes, is amended
2527
to read:
2528
377.605 Use of existing information.--The commission may
2529
use department shall utilize to the fullest extent possible any
2530
existing energy information already prepared for state or federal
2531
agencies. Every state, county, and municipal agency shall
2532
cooperate with the commission, department and shall submit any
2533
information on energy to the commission department upon request.
2534
Section 38. Section 377.606, Florida Statutes, is amended
2535
to read:
2536
377.606 Records of the commission department; limits of
2537
confidentiality.--The information or records of individual
2538
persons, as defined herein, obtained by the commission department
2539
as a result of a report, investigation, or verification required
2540
by the commission department, shall be open to the public, except
2541
such information the disclosure of which would be likely to cause
2542
substantial harm to the competitive position of the person
2543
providing such information and which is requested to be held
2544
confidential by the person providing such information. Such
2545
proprietary information is confidential and exempt from the
2546
provisions of s. 119.07(1). Information reported by entities
2547
other than the commission department in documents or reports open
2548
to public inspection shall under no circumstances be classified
2549
as confidential by the commission department. Divulgence of
2550
proprietary information as is requested to be held confidential,
2551
except upon order of a court of competent jurisdiction or except
2552
to an officer of the state entitled to receive the same in his or
2553
her official capacity, shall be a misdemeanor of the second
2555
Nothing herein shall be construed to prohibit the publication or
2556
divulgence by other means of data so classified as to prevent
2557
identification of particular accounts or reports made to the
2558
department in compliance with s. 377.603 or to prohibit the
2559
disclosure of such information to properly qualified legislative
2560
committees. The commission department shall establish a system
2561
that which permits reasonable access to information developed.
2562
Section 39. Section 377.703, Florida Statutes, is amended
2563
to read:
2564
377.703 Additional functions of the Florida Energy and
2565
Climate Commission Department of Environmental Protection; energy
2566
emergency contingency plan; federal and state conservation
2567
programs.--
2568
(1) LEGISLATIVE INTENT.--Recognizing that energy supply and
2569
demand questions have become a major area of concern to the state
2570
which must be dealt with by effective and well-coordinated state
2571
action, it is the intent of the Legislature to promote the
2572
efficient, effective, and economical management of energy
2573
problems, centralize energy coordination responsibilities,
2574
pinpoint responsibility for conducting energy programs, and
2575
ensure the accountability of state agencies for the
2577
policy. It is the specific intent of the Legislature that nothing
2578
in this act shall in any way change the powers, duties, and
2579
responsibilities assigned by the Florida Electrical Power Plant
2580
Siting Act, part II of chapter 403, or the powers, duties, and
2581
responsibilities of the Florida Public Service Commission.
2582
(2) DEFINITIONS.--
2583
(a) "Coordinate," "coordination," or "coordinating" means
2584
the examination and evaluation of state plans and programs and
2585
the providing of recommendations to the Cabinet, Legislature, and
2586
appropriate state agency on any measures deemed necessary to
2587
ensure that such plans and programs are consistent with state
2588
energy policy.
2589
(b) "Energy conservation" means increased efficiency in the
2590
utilization of energy.
2591
(c) "Energy emergency" means an actual or impending
2592
shortage or curtailment of usable, necessary energy resources,
2593
such that the maintenance of necessary services, the protection
2594
of public health, safety, and welfare, or the maintenance of
2595
basic sound economy is imperiled in any geographical section of
2596
the state or throughout the entire state.
2597
(d) "Energy source" means electricity, fossil fuels, solar
2598
power, wind power, hydroelectric power, nuclear power, or any
2599
other resource which has the capacity to do work.
2600
(e) "Facilities" means any building or structure not
2601
otherwise exempted by the provisions of this act.
2602
(f) "Fuel" means petroleum, crude oil, petroleum product,
2603
coal, natural gas, or any other substance used primarily for its
2604
energy content.
2605
(g) "Local government" means any county, municipality,
2606
regional planning agency, or other special district or local
2607
governmental entity the policies or programs of which may affect
2608
the supply or demand, or both, for energy in the state.
2609
(h) "Promotion" or "promote" means to encourage, aid,
2610
assist, provide technical and financial assistance, or otherwise
2611
seek to plan, develop, and expand.
2612
(i) "Regional planning agency" means those agencies
2613
designated as regional planning agencies by the Department of
2614
Community Affairs.
2615
(j) "Renewable energy resource" means any method, process,
2616
or substance the use of which does not diminish its availability
2617
or abundance, including, but not limited to, biomass conversion,
2618
geothermal energy, solar energy, wind energy, wood fuels derived
2619
from waste, ocean thermal gradient power, hydroelectric power,
2620
and fuels derived from agricultural products.
2621
(3) FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
2622
ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
2623
Environmental Protection shall, in addition to assuming the
2625
perform the following functions consistent with the development
2626
of a state energy policy:
2627
(a) The commission department shall assume the
2628
responsibility for development of an energy emergency contingency
2629
plan to respond to serious shortages of primary and secondary
2630
energy sources. Upon a finding by the Governor, implementation of
2631
any emergency program shall be upon order of the Governor that a
2632
particular kind or type of fuel is, or that the occurrence of an
2633
event that which is reasonably expected within 30 days will make
2634
the fuel, in short supply. The commission department shall then
2635
respond by instituting the appropriate measures of the
2636
contingency plan to meet the given emergency or energy shortage.
2637
The Governor may utilize the provisions of s. 252.36(5) to carry
2638
out any emergency actions required by a serious shortage of
2639
energy sources.
2640
(b) The commission department shall constitute the
2641
responsible state agency for performing or coordinating the
2642
functions of any federal energy programs delegated to the state,
2643
including energy supply, demand, conservation, or allocation.
2644
(c) The commission department shall analyze present and
2645
proposed federal energy programs and make recommendations
2646
regarding those programs to the Governor.
2647
(d) The commission department shall coordinate efforts to
2648
seek federal support or other support for state energy
2649
activities, including energy conservation, research, or
2650
development, and shall be the state agency responsible for the
2651
coordination of multiagency energy conservation programs and
2652
plans.
2653
(e) The commission department shall analyze energy data
2654
collected and prepare long-range forecasts of energy supply and
2655
demand in coordination with the Florida Public Service
2656
Commission, which shall have responsibility for electricity and
2657
natural gas forecasts. To this end, the forecasts shall contain:
2658
1. An analysis of the relationship of state economic growth
2659
and development to energy supply and demand, including the
2660
constraints to economic growth resulting from energy supply
2661
constraints.
2662
2. Plans for the development of renewable energy resources
2663
and reduction in dependence on depletable energy resources,
2664
particularly oil and natural gas, and an analysis of the extent
2665
to which renewable energy sources are being utilized in the
2666
state.
2667
3. Consideration of alternative scenarios of statewide
2668
energy supply and demand for 5, 10, and 20 years, to identify
2669
strategies for long-range action, including identification of
2670
potential social, economic, and environmental effects.
2671
4. An assessment of the state's energy resources, including
2672
examination of the availability of commercially developable and
2673
imported fuels, and an analysis of anticipated effects on the
2674
state's environment and social services resulting from energy
2675
resource development activities or from energy supply
2676
constraints, or both.
2677
(f) The commission department shall make a report, as
2678
requested by the Governor or the Legislature, reflecting its
2679
activities and making recommendations of policies for improvement
2680
of the state's response to energy supply and demand and its
2681
effect on the health, safety, and welfare of the people of
2682
Florida. The report shall include a report from the Florida
2683
Public Service Commission on electricity and natural gas and
2684
information on energy conservation programs conducted and under
2685
way in the past year and shall include recommendations for energy
2686
conservation programs for the state, including, but not limited
2687
to, the following factors:
2688
1. Formulation of specific recommendations for improvement
2689
in the efficiency of energy utilization in governmental,
2690
residential, commercial, industrial, and transportation sectors.
2691
2. Collection and dissemination of information relating to
2692
energy conservation.
2693
3. Development and conduct of educational and training
2694
programs relating to energy conservation.
2695
4. An analysis of the ways in which state agencies are
2697
policy, and recommendations for better fulfilling this policy.
2698
(g) The commission department has authority to adopt rules
2700
of this act.
2701
(h) The commission shall promote the development and use of
2702
renewable energy resources, in conformance with the provisions of
2703
chapter 187 and s. 377.601, by:
2704
1. Establishing goals and strategies for increasing the use
2705
of solar energy in this state.
2706
2. Aiding and promoting the commercialization of solar
2707
energy technology, in cooperation with the Florida Solar Energy
2708
Center, Enterprise Florida, Inc., and any other federal, state,
2709
or local governmental agency which may seek to promote research,
2710
development, and demonstration of solar energy equipment and
2711
technology.
2712
3. Identifying barriers to greater use of solar energy
2713
systems in this state, and developing specific recommendations
2714
for overcoming identified barriers, with findings and
2715
recommendations to be submitted annually in the report to the
2716
Legislature required under paragraph (f).
2717
4. In cooperation with the Department of Environmental
2718
Protection, the Department of Transportation, the Department of
2719
Community Affairs, Enterprise Florida, Inc., the Florida Solar
2720
Energy Center, and the Florida Solar Energy Industries
2721
Association, investigating opportunities, pursuant to the
2722
National Energy Policy Act of 1992, and the Housing and Community
2723
Development Act of 1992, and any subsequent federal legislation,
2724
for solar electric vehicles and other solar energy manufacturing,
2725
distribution, installation, and financing efforts that which will
2726
enhance this state's position as the leader in solar energy
2727
research, development, and use.
2728
5. Undertaking other initiatives to advance the development
2729
and use of renewable energy resources in this state.
2730
2731
In the exercise of its responsibilities under this paragraph, the
2732
commission department shall seek the assistance of the solar
2733
energy industry in this state and other interested parties and is
2734
authorized to enter into contracts, retain professional
2735
consulting services, and expend funds appropriated by the
2736
Legislature for such purposes.
2737
(i) The commission department shall promote energy
2738
conservation in all energy use sectors throughout the state and
2739
shall constitute the state agency primarily responsible for this
2740
function. To this end, the commission department shall coordinate
2741
the energy conservation programs of all state agencies and review
2742
and comment on the energy conservation programs of all state
2743
agencies.
2744
(j) The commission department shall serve as the state
2745
clearinghouse for indexing and gathering all information related
2746
to energy programs in state universities, in private
2747
universities, in federal, state, and local government agencies,
2748
and in private industry and shall prepare and distribute such
2749
information in any manner necessary to inform and advise the
2750
citizens of the state of such programs and activities. This shall
2751
include developing and maintaining a current index and profile of
2752
all research activities, which shall be identified by energy area
2753
and may include a summary of the project, the amount and sources
2754
of funding, anticipated completion dates, or, in case of
2755
completed research, conclusions, recommendations, and
2756
applicability to state government and private sector functions.
2757
The commission department shall coordinate, promote, and respond
2758
to efforts by all sectors of the economy to seek financial
2759
support for energy activities. The commission department shall
2760
provide information to consumers regarding the anticipated
2761
energy-use and energy-saving characteristics of products and
2762
services in coordination with any federal, state, or local
2763
governmental agencies as may provide such information to
2764
consumers.
2765
(k) The commission department shall coordinate energy-
2766
related programs of state government, including, but not limited
2767
to, the programs provided in this section. To this end, the
2768
commission department shall:
2769
1. Provide assistance to other state agencies, counties,
2770
municipalities, and regional planning agencies to further and
2771
promote their energy planning activities.
2772
2. Require, in cooperation with the Department of
2773
Management Services, all state agencies to operate state-owned
2774
and state-leased buildings in accordance with energy conservation
2775
standards as adopted by the Department of Management Services.
2776
Every 3 months, the Department of Management Services shall
2777
furnish the commission department data on agencies' energy
2778
consumption in a format prescribed by the commission mutually
2779
agreed upon by the two departments.
2780
3. Promote the development and use of renewable energy
2781
resources, energy efficiency technologies, and conservation
2782
measures.
2783
4. Promote the recovery of energy from wastes, including,
2784
but not limited to, the use of waste heat, the use of
2785
agricultural products as a source of energy, and recycling of
2786
manufactured products. Such promotion shall be conducted in
2787
conjunction with, and after consultation with, the Department of
2788
Environmental Protection, the Florida Public Service Commission
2789
where electrical generation or natural gas is involved, and any
2790
other relevant federal, state, or local governmental agency
2791
having responsibility for resource recovery programs.
2792
(l) The commission department shall develop, coordinate,
2793
and promote a comprehensive research plan for state programs.
2794
Such plan shall be consistent with state energy policy and shall
2795
be updated on a biennial basis.
2796
(m) In recognition of the devastation to the economy of
2797
this state and the dangers to the health and welfare of residents
2798
of this state caused by severe hurricanes Hurricane Andrew, and
2799
the potential for such impacts caused by other natural disasters,
2800
the commission department shall include in its energy emergency
2801
contingency plan and provide to the Florida Building Commission
2802
Department of Community Affairs for inclusion in the Florida
2803
Energy Efficiency Code for Building Construction state model
2804
energy efficiency building code specific provisions to facilitate
2805
the use of cost-effective solar energy technologies as emergency
2806
remedial and preventive measures for providing electric power,
2807
street lighting, and water heating service in the event of
2808
electric power outages.
2809
(4) COASTAL ENERGY IMPACT PROGRAM.--The commission
2810
department shall be responsible for the administration of the
2811
Coastal Energy Impact Program provided for and described in Pub.
2812
L. No. 94-370, 16 U.S.C. s. 1456a.
2813
Section 40. Section 377.803, Florida Statutes, is amended
2814
to read:
2817
(1) "Act" means the Florida Renewable Energy Technologies
2818
and Energy Efficiency Act.
2819
(2) "Approved metering equipment" means a device capable of
2820
measuring the energy output of a solar thermal system that has
2821
been approved by the commission.
2822
(2)(3) "Commission" means the Florida Energy and Climate
2823
Commission Florida Public Service Commission.
2824
(4) "Department" means the Department of Environmental
2825
Protection.
2826
(3)(5) "Person" means an individual, partnership, joint
2827
venture, private or public corporation, association, firm, public
2828
service company, or any other public or private entity.
2829
(4)(6) "Renewable energy" means electrical, mechanical, or
2830
thermal energy produced from a method that uses one or more of
2831
the following fuels or energy sources: hydrogen, biomass as
2832
defined in s. 366.91, solar energy, geothermal energy, wind
2833
energy, ocean energy, waste heat, or hydroelectric power.
2834
(5)(7) "Renewable energy technology" means any technology
2835
that generates or utilizes a renewable energy resource.
2836
(6)(8) "Solar energy system" means equipment that provides
2837
for the collection and use of incident solar energy for water
2838
heating, space heating or cooling, or other applications that
2839
would normally require a conventional source of energy such as
2840
petroleum products, natural gas, or electricity that performs
2841
primarily with solar energy. In other systems in which solar
2842
energy is used in a supplemental way, only those components that
2843
collect and transfer solar energy shall be included in this
2844
definition.
2845
(7)(9) "Solar photovoltaic system" means a device that
2846
converts incident sunlight into electrical current.
2847
(8)(10) "Solar thermal system" means a device that traps
2848
heat from incident sunlight in order to heat water.
2849
Section 41. Section 377.804, Florida Statutes, is amended
2850
to read:
2851
377.804 Renewable Energy and Energy-Efficient Technologies
2852
Grants Program.--
2853
(1) The Renewable Energy and Energy-Efficient Technologies
2854
Grants Program is established within the commission department to
2855
provide renewable energy matching grants for demonstration,
2856
commercialization, research, and development projects relating to
2857
renewable energy technologies and innovative technologies that
2858
significantly increase energy efficiency for vehicles and
2859
commercial buildings.
2860
(2) Matching grants for renewable energy technology
2861
demonstration, commercialization, research, and development
2862
projects may be made to any of the following:
2863
(a) Municipalities and county governments.
2864
(b) Established for-profit companies licensed to do
2865
business in the state.
2866
(c) Universities and colleges in the state.
2867
(d) Utilities located and operating within the state.
2868
(e) Not-for-profit organizations.
2869
(f) Other qualified persons, as determined by the
2870
commission department.
2871
(3) The commission department may adopt rules pursuant to
2873
requirements, provide for ranking of applications, and administer
2874
the awarding of grants under this program, and develop policy
2875
requiring grantees to provide royalty-sharing or licensing
2876
agreements with the state for commercialized products developed
2877
under a state grant. All grants may be reviewed by a peer-review
2878
process of experts. Up to 5 percent of the amount of all grants
2879
may be used to pay review expenses, if necessary.
2880
(4) Factors the commission department shall consider in
2881
awarding grants include, but are not limited to:
2882
(a) The availability of matching funds or other in-kind
2883
contributions applied to the total project from an applicant. The
2884
commission department shall give greater preference to projects
2885
that provide such matching funds or other in-kind contributions.
2886
(b) The degree to which the project stimulates in-state
2887
capital investment and economic development in metropolitan and
2888
rural areas, including the creation of jobs and the future
2889
development of a commercial market for renewable energy
2890
technologies.
2891
(c) The extent to which the proposed project has been
2892
demonstrated to be technically feasible based on pilot project
2893
demonstrations, laboratory testing, scientific modeling, or
2894
engineering or chemical theory that supports the proposal.
2895
(d) The degree to which the project incorporates an
2896
innovative new technology or an innovative application of an
2897
existing technology.
2898
(e) The degree to which a project generates thermal,
2899
mechanical, or electrical energy by means of a renewable energy
2900
resource that has substantial long-term production potential.
2901
(f) The degree to which a project demonstrates efficient
2902
use of energy and material resources.
2903
(g) The degree to which the project fosters overall
2904
understanding and appreciation of renewable energy technologies.
2905
(h) The ability to administer a complete project.
2906
(i) Project duration and timeline for expenditures.
2907
(j) The geographic area in which the project is to be
2908
conducted in relation to other projects.
2909
(k) The degree of public visibility and interaction.
2910
(5) The commission department shall solicit the expertise
2911
of other state agencies in evaluating project proposals. State
2912
agencies shall cooperate with the commission Department of
2913
Environmental Protection and provide such assistance as
2914
requested.
2915
(6) Each application must be accompanied by an affidavit
2916
from the applicant attesting to the veracity of the statements
2917
contained in the application.
2918
Section 42. Subsection (6) of section 377.804, Florida
2919
Statutes, as revived by section 52 of chapter 2007-73, Laws of
2920
Florida, is repealed.
2921
Section 43. Section 377.806, Florida Statutes, is amended
2922
to read:
2923
377.806 Solar Energy System Incentives Program.--
2924
(1) PURPOSE.--The Solar Energy System Incentives Program is
2925
established within the commission department to provide financial
2926
incentives for the purchase and installation of solar energy
2927
systems. Any resident of the state who purchases and installs a
2928
new solar energy system of 2 kilowatts or larger for a solar
2929
photovoltaic system, a solar energy system that provides at least
2930
50 percent of a building's hot water consumption for a solar
2931
thermal system, or a solar thermal pool heater, from July 1,
2932
2006, through June 30, 2010, is eligible for a rebate on a
2933
portion of the purchase price of that solar energy system.
2934
(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
2935
(a) Eligibility requirements.--A solar photovoltaic system
2936
qualifies for a rebate if:
2937
1. The system is installed by a state-licensed master
2938
electrician, electrical contractor, or solar contractor.
2939
2. The system complies with state interconnection standards
2940
as provided by the commission.
2941
3. The system complies with all applicable building codes
2942
as defined by the Florida Building Code local jurisdictional
2943
authority.
2944
(b) Rebate amounts.--The rebate amount shall be set at $4
2945
per watt based on the total wattage rating of the system. The
2946
maximum allowable rebate per solar photovoltaic system
2947
installation shall be as follows:
2948
1. Twenty thousand dollars for a residence.
2949
2. One hundred thousand dollars for a place of business, a
2950
publicly owned or operated facility, or a facility owned or
2951
operated by a private, not-for-profit organization, including
2952
condominiums or apartment buildings.
2953
(3) SOLAR THERMAL SYSTEM INCENTIVE.--
2954
(a) Eligibility requirements.--A solar thermal system
2955
qualifies for a rebate if:
2956
1. The system is installed by a state-licensed solar, or
2957
plumbing, or roofing contractor installing standing seam hybrid
2958
thermal roofs.
2959
2. The system complies with all applicable building codes
2960
as defined by the Florida Building Code local jurisdictional
2961
authority.
2962
(b) Rebate amounts.--Authorized rebates for installation of
2963
solar thermal systems shall be as follows:
2964
1. Five hundred dollars for a residence.
2965
2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000
2966
for a place of business, a publicly owned or operated facility,
2967
or a facility owned or operated by a private, not-for-profit
2968
organization, including condominiums or apartment buildings. Btu
2969
must be verified by approved metering equipment.
2970
(4) SOLAR THERMAL POOL HEATER INCENTIVE.--
2971
(a) Eligibility requirements.--A solar thermal pool heater
2972
qualifies for a rebate if the system is installed by a state-
2973
licensed solar or plumbing contractor and the system complies
2974
with all applicable building codes as defined by the Florida
2975
Building Code local jurisdictional authority.
2976
(b) Rebate amount.--Authorized rebates for installation of
2977
solar thermal pool heaters shall be $100 per installation.
2978
(5) APPLICATION.--Application for a rebate must be made
2979
within 120 90 days after the purchase of the solar energy
2980
equipment.
2981
(6) REBATE AVAILABILITY.--The commission department shall
2982
determine and publish on a regular basis the amount of rebate
2983
funds remaining in each fiscal year. The total dollar amount of
2984
all rebates issued by the department is subject to the total
2985
amount of appropriations in any fiscal year for this program. If
2986
funds are insufficient during the current fiscal year, any
2987
requests for rebates received during that fiscal year may be
2988
processed during the following fiscal year. Requests for rebates
2989
received in a fiscal year that are processed during the following
2990
fiscal year shall be given priority over requests for rebates
2991
received during the following fiscal year.
2992
(7) RULES.--The commission department shall adopt rules
2994
applications and administer the issuance of rebates.
2995
Section 44. Section 377.808, Florida Statutes, is created
2996
to read:
2997
377.808 Florida Green Government Grants Act.--
2998
(1) This section may be cited as the "Florida Green
2999
Government Grants Act."
3000
(2) The Florida Energy and Climate Commission within the
3001
Executive Office of the Governor shall use funds specifically
3002
appropriated to award grants under this section to assist local
3003
governments, including municipalities, counties, and school
3004
districts, in the development of programs that achieve green
3005
standards. Those standards shall be determined by the commission
3006
and must provide for cost-efficient solutions, reducing
3007
greenhouse gas emissions, improving quality of life, and
3008
strengthening this state's economy.
3009
(3)(a) The commission shall adopt rules pursuant to chapter
3010
120 to administer the grants provided for in this section. In
3011
accordance with the rules adopted by the commission under this
3012
section, the commission may provide grants from funds
3013
specifically appropriated for this purpose to local governments
3014
for the costs of achieving green standards, including necessary
3015
administrative expenses.
3016
(b) The rules of the commission must:
3017
1. Designate one or more suitable green government
3018
standards framework from which local governments may develop a
3019
greening government initiative, and from which projects may be
3020
eligible for funding pursuant to this statute.
3021
2. Require projects that plan, design, construct, upgrade,
3022
or replace facilities be cost-effective, environmentally sound,
3023
reduce greenhouse gas emissions, and be permittable and
3024
implementable.
3025
3. Require local governments to match state funds with
3026
direct project cost share or in-kind services.
3027
4. Provide for a scale of matching requirements for local
3028
governments on the basis of population in order to assist rural
3029
and undeveloped areas of the state with any financial burden of
3030
addressing climate change impacts.
3031
5. Require grant applications to be submitted on
3032
appropriate forms developed and adopted by the commission with
3033
appropriate supporting documentation and require records to be
3034
maintained.
3035
6. Establish a system to determine the relative priority of
3036
grant applications. The system must consider greenhouse gas
3037
reductions, energy savings and efficiencies, and proven
3038
technologies.
3039
7. Establish requirements for competitive procurement of
3040
engineering and construction services, materials, and equipment.
3041
8. Provide for termination of grants when program
3042
requirements are not met.
3043
(c) Each local government is limited to not more than two
3044
grant applications during each application period announced by
3045
the commission. However, a local government may not have more
3046
than three active projects expending grant funds during any state
3047
fiscal year.
3048
(d) The commission shall perform adequate overview of each
3049
grant, which may include technical review, site inspections,
3050
disbursement approvals, and auditing to successfully implement
3051
this section.
3052
Section 45. Section 377.901, Florida Statutes, is repealed.
3053
Section 46. The State Energy Program, as authorized and
3055
377.703, Florida Statutes, is transferred by a type two transfer,
3056
as defined in s. 20.06(2), Florida Statutes, from the Department
3057
of Environmental Protection to the Florida Energy and Climate
3058
Commission.
3059
Section 47. Section 377.921, Florida Statutes, is created
3060
to read:
3061
377.921 Qualified solar energy system program.--
3062
(1) The Legislature finds that qualified solar energy
3063
systems provide fuel savings and can help protect against future
3064
electricity and natural gas shortages, reduce the state's
3065
dependence on foreign sources of energy, and improve
3066
environmental conditions. The Legislature further finds that the
3067
deployment of qualified solar energy systems advances Florida's
3068
goals of promoting energy efficiency and the development of
3069
renewable energy resources. Therefore, the Legislature finds that
3070
it is in the public interest to encourage public utilities to
3071
develop and implement programs that promote the deployment and
3072
use of qualified solar energy systems.
3073
(2) As used in this section:
3074
(a) "Qualified solar energy system" means a solar thermal
3075
water heating system installed at a customer's premises by a
3076
public utility. Once installed, ownership of the qualified system
3077
may be retained by the public utility or granted to the customer.
3078
(b) "Public utility" or "utility" means a utility as
3079
defined in s. 366.02(1).
3080
(c) "Eligible program" means a program developed by a
3081
public utility and approved by the commission pursuant to
3082
subsection (5) under which the utility facilitates the
3083
installation of solar thermal water heating systems at a utility
3084
customer's premises.
3085
(d) "Program fuel cost savings" means the total fuel cost
3086
savings that a utility is projected to achieve from all solar
3087
thermal water heating systems installed at a customer's premises
3088
over the life of the qualified solar energy system.
3089
(e) "Program costs" means all costs incurred in
3090
implementing an eligible program, including, but not limited to:
3091
1. In-service capital investments, including the utility's
3092
last authorized rate of return thereon; and
3093
2. Operating and maintenance expense, including, but not
3094
limited to, labor, overhead, materials, advertising, marketing,
3095
customer incentives, or rebates.
3096
(3) Notwithstanding any provision in chapter 366 or rule to
3097
the contrary, a public utility shall be allowed to recover
3098
through the energy conservation cost-recovery clause, either as
3099
period expenses or by capitalizing and amortizing, all prudent
3100
and reasonable program costs incurred in implementing an eligible
3101
program. With respect to any solar hot water heating system, the
3102
amortization period shall be 5 years.
3103
(4) Notwithstanding any provision in chapter 366 or rule to
3104
the contrary, and in addition to recovery under subsection (3), a
3105
utility shall be allowed to recover through the fuel cost-
3106
recovery clause beginning in the year each solar thermal water
3107
heating system begins operation 50 percent of any such program
3108
fuel cost savings for a period not to exceed 5 years from the
3109
installation date. The remaining 50 percent of fuel saving shall
3110
be returned to the utility's customers through the fuel cost-
3111
recovery clause.
3112
(5) Notwithstanding any provision in chapter 366 or rule to
3113
the contrary, the commission shall enter an order approving a
3114
public utility's qualified solar energy system program if the
3115
utility demonstrates in a petition that:
3116
(a) The qualified solar energy systems to be installed as
3117
part of the program at minimum meet applicable Florida Solar
3118
Energy Center certification requirements.
3119
(b) The qualified solar energy systems are constructed and
3120
installed in conformity with the manufacturer's specifications
3121
and all applicable codes and standards.
3122
(6) Within 60 days after receiving a petition to approve a
3123
qualified solar energy system program, the commission shall
3124
approve the petition or inform the utility of any deficiencies
3125
therein. If the commission informs the utility of deficiencies,
3126
the utility may correct those deficiencies and refile its
3127
petition to approve the qualified solar energy system program.
3128
(7) In order to encourage public utilities to promote the
3129
deployment and use of qualified solar energy systems, the public
3130
utility shall own the renewable attributes or benefits associated
3131
with the energy output of a qualified solar energy system
3132
installed pursuant to an eligible program, including any
3133
renewable energy credit or other instrument issued as a result of
3134
the utility's eligible program.
3135
(8) This section expires June 30, 2011, unless reenacted by
3136
the Legislature on or before that date. Utilities may not enroll
3137
new customers in the qualified solar energy program after June
3138
30, 2011, unless this section is reenacted.
3139
Section 48. Paragraph (c) of subsection (3) of section
3140
380.23, Florida Statutes, is amended to read:
3141
380.23 Federal consistency.--
3142
(3) Consistency review shall be limited to review of the
3143
following activities, uses, and projects to ensure that such
3144
activities, uses, and projects are conducted in accordance with
3145
the state's coastal management program:
3146
(c) Federally licensed or permitted activities affecting
3147
land or water uses when such activities are in or seaward of the
3148
jurisdiction of local governments required to develop a coastal
3149
zone protection element as provided in s. 380.24 and when such
3150
activities involve:
3151
1. Permits and licenses required under the Rivers and
3152
Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3153
2. Permits and licenses required under the Marine
3154
Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3155
1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3156
3. Permits and licenses required under the Federal Water
3157
Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3158
amended, unless such permitting activities have been delegated to
3159
the state pursuant to said act.
3160
4. Permits and licenses relating to the transportation of
3161
hazardous substance materials or transportation and dumping which
3162
are issued pursuant to the Hazardous Materials Transportation
3163
Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.
3164
1321, as amended.
3165
5. Permits and licenses required under 15 U.S.C. ss. 717-
3166
717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-
3167
1356 for construction and operation of interstate gas pipelines
3168
and storage facilities.
3169
6. Permits and licenses required for the siting and
3170
construction of any new electrical power plants as defined in s.
3172
relicensing of hydroelectric power plants under the Federal Power
3173
Act, 16 U.S.C. ss. 791a et seq., as amended.
3174
7. Permits and licenses required under the Mining Law of
3175
1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3176
Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3177
Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3178
amended; the Federal Land Policy and Management Act, 43 U.S.C.
3179
ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3180
U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3181
U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3182
pipelines, geological and geophysical activities, or rights-of-
3183
way on public lands and permits and licenses required under the
3184
Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3185
amended.
3186
8. Permits and licenses for areas leased under the OCS
3187
Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3188
leases and approvals of exploration, development, and production
3189
plans.
3190
9. Permits and licenses required under the Deepwater Port
3191
Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3192
10. Permits required for the taking of marine mammals under
3193
the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
3194
s. 1374.
3195
Section 49. Subsection (20) of section 403.031, Florida
3196
Statutes, is amended to read:
3197
403.031 Definitions.--In construing this chapter, or rules
3198
and regulations adopted pursuant hereto, the following words,
3199
phrases, or terms, unless the context otherwise indicates, have
3200
the following meanings:
3201
(20) "Electrical power plant" means, for purposes of this
3202
part of this chapter, any electrical generating facility that
3203
uses any process or fuel and that is owned or operated by an
3205
and includes any associated facility that directly supports the
3206
operation of the electrical power plant.
3207
Section 50. Section 403.44, Florida Statutes, is created to
3208
read:
3209
403.44 Florida Climate Protection Act.--
3210
(1) The Legislature finds it is in the best interest of
3211
this state to document, to the greatest extent practicable,
3212
greenhouse gas (GHG) emissions and to pursue a market-based
3213
emissions-abatement program, such as cap-and-trade, to address
3214
GHG emissions reductions.
3215
(2) As used in this section, the term:
3216
(a) "Allowance" means a credit issued by the department
3217
through allotments or auction which represents an authorization
3218
to emit specific amounts of greenhouse gases, as further defined
3219
in department rule.
3220
(b) "Cap-and-trade" or "emissions trading" means an
3221
administrative approach used to control pollution by providing a
3222
limit on total allowable emissions, providing for allowances to
3223
emit pollutants, and providing for the transfer of the allowances
3224
among pollutant sources as a means of compliance with emission
3225
limits.
3226
(c) "Greenhouse gas" means carbon dioxide, methane,
3227
nitrogen oxide, and fluorinated gases such as hydrofluorocarbons,
3228
perfluorocarbons, and sulfur hexafluoride.
3229
(d) "Leakage" means the offset of emission abatement that
3230
is achieved in one location subject to emission control
3231
regulation by increased emissions in unregulated locations.
3232
(e) "Major emitter" means an electric utility regulated
3233
under this chapter.
3234
(3) A major emitter must use The Climate Registry for
3235
purposes of emission registration and reporting.
3236
(4) The Department of Environmental Protection shall
3237
establish the methodologies, reporting periods, and reporting
3238
systems that must be used when major emitters report to The
3239
Climate Registry. The department may require the use of quality-
3240
assured data from continuous emissions-monitoring systems.
3241
(5) The department may adopt rules for a cap-and-trade
3242
regulatory program to reduce greenhouse gas emissions from major
3243
emitters. When developing the rules, the department shall consult
3244
with the Governor's Action Team on Energy and Climate Change, the
3245
Public Service Commission, and the Florida Energy Commission. The
3246
rules shall not become effective until ratified by the
3247
Legislature.
3248
(6) The rules of the cap-and-trade regulatory program shall
3249
include, but are not limited to:
3250
(a) A statewide limit or cap on the amount of GHG emissions
3251
emitted by major emitters.
3252
(b) Methods, requirements, and conditions for allocating
3253
the cap among major emitters.
3254
(c) Methods, requirements, and conditions for emissions
3255
allowances and the process for issuing emissions allowances.
3256
(d) The relationship between allowances and the specific
3257
amounts of greenhouse gases they represent.
3258
(e) A process for the trade of allowances between major
3259
emitters, including a registry, tracking, or accounting system
3260
for such trades.
3261
(f) Cost-containment mechanisms in order to reduce price
3262
and cost risks associated with the electric generation market in
3263
this state.
3264
(g) A process to allow the department to exercise its
3265
authority to discourage leakage of GHG emissions to neighboring
3266
states attributable to the implementation of this program.
3267
(h) Provisions for a trial period on the trading of
3268
allowances before full implementation of a trading system.
3269
(i) Other requirements necessary or desirable to implement
3270
this section.
3271
Section 51. Present subsections (3) through (30) of section
3272
403.503, Florida Statutes, are redesignated as subsections (4)
3273
through (31), respectively, a new subsection (3) is added to that
3274
section, and present subsection (10) of that section is amended,
3275
to read:
3276
403.503 Definitions relating to Florida Electrical Power
3277
Plant Siting Act.--As used in this act:
3278
(3) "Alternate corridor" means an area that is proposed by
3279
the applicant or a third party within which all or part of an
3280
associated electrical transmission line right-of-way is to be
3281
located and that is different from the preferred transmission
3282
line corridor proposed by the applicant. The width of the
3283
alternate corridor proposed for certification for an associated
3284
electrical transmission line may be the width of the proposed
3285
right-of-way or a wider boundary not to exceed a width of 1 mile.
3286
The area within the alternate corridor may be further restricted
3287
as a condition of certification. The alternate corridor may
3288
include alternate electrical substation sites if the applicant
3289
has proposed an electrical substation as part of the portion of
3290
the proposed electrical transmission line.
3291
(11)(10) "Corridor" means the proposed area within which an
3292
associated linear facility right-of-way is to be located. The
3293
width of the corridor proposed for certification as an associated
3294
facility, at the option of the applicant, may be the width of the
3295
right-of-way or a wider boundary, not to exceed a width of 1
3296
mile. The area within the corridor in which a right-of-way may be
3297
located may be further restricted by a condition of
3298
certification. After all property interests required for the
3299
right-of-way have been acquired by the licensee, the boundaries
3300
of the area certified shall narrow to only that land within the
3301
boundaries of the right-of-way. The corridors proposed for
3302
certification shall be those addressed in the application, in
3303
amendments to the application filed under s. 403.5064, and in
3304
notices of acceptance of proposed alternate corridors filed by an
3305
applicant and the department pursuant to s. 403.5271, as
3306
incorporated by reference in s. 403.5064(1)(b), for which the
3307
required information for the preparation of agency supplemental
3308
reports was filed.
3309
Section 52. Present subsections (9) through (12) of section
3310
403.504, Florida Statutes, are redesignated as subsections (10)
3311
through (13), respectively, and a new subsection (9) is added to
3312
that section, to read:
3313
403.504 Department of Environmental Protection; powers and
3314
duties enumerated.--The department shall have the following
3315
powers and duties in relation to this act:
3316
(9) To determine whether an alternate corridor proposed for
3317
consideration under s. 403.5064(4) is acceptable.
3318
Section 53. Subsection (1) of section 403.506, Florida
3319
Statutes, is amended, and subsection (3) is added to that
3320
section, to read:
3321
403.506 Applicability, thresholds, and certification.--
3322
(1) The provisions of this act shall apply to any
3323
electrical power plant as defined herein, except that the
3324
provisions of this act shall not apply to any electrical power
3325
plant or steam generating plant of less than 75 megawatts in
3326
gross capacity including its associated facilities or to any
3327
substation to be constructed as part of an associated
3328
transmission line unless the applicant has elected to apply for
3329
certification of such electrical power plant or substation under
3330
this act. The provisions of this act shall not apply to any unit
3331
capacity expansions expansion of 75 35 megawatts or less, in the
3332
aggregate, of an existing exothermic reaction cogeneration
3333
electrical generating facility unit that was exempt from this act
3334
when it was originally built; however, this exemption shall not
3335
apply if the unit uses oil or natural gas for purposes other than
3336
unit startup. No construction of any new electrical power plant
3337
or expansion in steam generating capacity as measured by an
3338
increase in the maximum electrical generator rating of any
3339
existing electrical power plant may be undertaken after October
3340
1, 1973, without first obtaining certification in the manner as
3341
herein provided, except that this act shall not apply to any such
3342
electrical power plant which is presently operating or under
3343
construction or which has, upon the effective date of chapter 73-
3344
33, Laws of Florida, applied for a permit or certification under
3345
requirements in force prior to the effective date of such act.
3346
(3) An electric utility may obtain separate licenses,
3347
permits, and approvals for the construction of facilities
3348
necessary to construct an electrical power plant without first
3349
obtaining certification under this act if the utility intends to
3350
locate, license, and construct a proposed or expanded electrical
3351
power plant that uses nuclear materials as fuel. Such facilities
3352
may include, but are not limited to, access and onsite roads,
3353
rail lines, electrical transmission facilities to support
3354
construction, and facilities necessary for waterborne delivery of
3355
construction materials and project components. This exemption
3356
applies to such facilities regardless of whether the facilities
3357
are used for operation of the power plant. The applicant shall
3358
file with the department a statement that declares that the
3359
construction of such facilities is necessary for the timely
3360
construction of the proposed electrical power plant and
3361
identifies those facilities that the applicant intends to seek
3362
licenses for and construct prior to or separate from
3363
certification of the project. The facilities may be located
3364
within or off of the site for the proposed electrical power
3365
plant. The filing of an application under this act does not
3366
affect other applications for separate licenses which are pending
3367
at the time of filing the application. Furthermore, the filing of
3368
an application does not prevent an electric utility from seeking
3369
separate licenses for facilities that are necessary to construct
3370
the electrical power plant. Licenses, permits, or approvals
3371
issued by any state, regional, or local agency for such
3372
facilities shall be incorporated by the department into a final
3373
certification upon completion of construction. Any facilities
3374
necessary for construction of the electrical power plant shall
3375
become part of the certified electrical power plant upon
3376
completion of the electrical power plant's construction. The
3377
exemption in this subsection does not require or authorize agency
3378
rulemaking, and any action taken under this subsection is not
3379
subject to chapter 120. This subsection shall be given
3380
retroactive effect and applies to applications filed after May 1,
3381
2008.
3382
Section 54. Subsections (1) and (4) of section 403.5064,
3383
Florida Statutes, are amended to read:
3384
403.5064 Application; schedules.--
3385
(1) The formal date of filing of a certification
3386
application and commencement of the certification review process
3387
shall be when the applicant submits:
3388
(a) Copies of the certification application in a quantity
3389
and format as prescribed by rule to the department and other
3390
agencies identified in s. 403.507(2)(a).
3391
(b) A statement affirming that the applicant is opting to
3392
allow consideration of alternate corridors for an associated
3393
transmission line corridor. If alternate corridors are allowed,
3394
at the applicant's option, the portion of the application
3395
addressing associated transmission line corridors shall be
3396
processed pursuant to the schedule set forth in ss. 403.521-
3398
and review of alternate corridors, if a party proposes alternate
3399
transmission line corridor routes for consideration no later than
3400
115 days before the certification hearing that is scheduled for
3401
the power plant, including any associated transmission line
3402
corridors, in accordance with s. 403.508(2).
3403
(c)(b) The application fee specified under s. 403.518 to
3404
the department.
3405
(4) Within 7 days after the filing of an application, the
3406
department shall prepare a proposed schedule of dates for
3407
determination of completeness, submission of statements of
3408
issues, submittal of final reports, and other significant dates
3409
to be followed during the certification process, including dates
3410
for filing notices of appearance to be a party pursuant to s.
3411
403.508(3). If the application includes one or more associated
3412
transmission line corridors, at the request of the applicant
3413
filed concurrently with the application, the department shall use
3414
the application processing schedule set forth in ss. 403.521-
3416
corridors, including the opportunity for the filing and review of
3417
alternate corridors, if a party proposes alternate transmission
3418
line corridor routes for consideration no later than 115 days
3419
before the scheduled certification hearing. Notwithstanding an
3420
applicant's option for the transmission line corridor portion of
3421
its application to be processed under the proposed schedule, only
3422
one certification hearing shall be held for the entire power
3423
plant in accordance with s. 403.508(2). The proposed This
3424
schedule shall be timely provided by the department to the
3425
applicant, the administrative law judge, all agencies identified
3426
pursuant to subsection (2), and all parties. Within 7 days after
3427
the filing of the proposed schedule, the administrative law judge
3428
shall issue an order establishing a schedule for the matters
3429
addressed in the department's proposed schedule and other
3430
appropriate matters, if any.
3431
Section 55. Subsections (1) and (3) of section 403.50665,
3432
Florida Statutes, are amended, and subsection (7) is added to
3433
that section, to read:
3434
403.50665 Land use consistency.--
3435
(1) The applicant shall include in the application a
3436
statement on the consistency of the site, or any directly
3437
associated facilities that constitute a "development," as defined
3438
by s. 380.04, with existing land use plans and zoning ordinances
3439
that were in effect on the date the application was filed and a
3440
full description of such consistency.
3441
(3) If the local government issues a determination that the
3442
proposed electrical power plant and any directly associated
3443
facility is not consistent or in compliance with local land use
3444
plans and zoning ordinances, the applicant may apply to the local
3445
government for the necessary local approval to address the
3446
inconsistencies in the local government's determination. If the
3447
applicant makes such an application to the local government, the
3448
time schedules under this act shall be tolled until the local
3449
government issues its revised determination on land use and
3450
zoning or the applicant otherwise withdraws its application to
3451
the local government. If the applicant applies to the local
3452
government for necessary local land use or zoning approval, the
3453
local government shall issue a revised determination within 30
3454
days following the conclusion of that local proceeding, and the
3455
time schedules and notice requirements under this act shall apply
3456
to such revised determination.
3457
(7) The issue of land use and zoning consistency for any
3458
alternate intermediate electrical substation that is proposed as
3459
part of an alternate electrical transmission line corridor and
3460
that is accepted by the applicant and the department under s.
3461
403.5271(1)(b) shall be addressed in the supplementary report
3462
prepared by the local government on the proposed alternate
3463
corridor and shall be considered as an issue at any final
3464
certification hearing. If such a proposed intermediate electrical
3465
substation is determined to not be consistent with local land use
3466
plans and zoning ordinances, the alternate electrical substation
3467
shall not be certified.
3468
Section 56. Paragraph (d) of subsection (3) of section
3469
403.509, Florida Statutes, is amended, present subsections (4)
3470
through (6) of that section, are redesignated as subsections (5)
3471
through (7), respectively, and a new subsection (4) is added to
3472
that section, to read:
3473
403.509 Final disposition of application.--
3474
(3) In determining whether an application should be
3475
approved in whole, approved with modifications or conditions, or
3476
denied, the board, or secretary when applicable, shall consider
3477
whether, and the extent to which, the location of the electrical
3478
power plant and directly associated facilities and their
3479
construction and operation will:
3480
(d) Meet the electrical energy needs of the state in an
3481
orderly, reliable, and timely fashion.
3482
(4)(a) Any transmission line corridor certified by the
3483
board, or secretary if applicable, shall meet the criteria of
3484
this section. When more than one transmission line corridor is
3485
proposed for certification under s. 403.503(10) and meets the
3486
criteria of this section, the board, or secretary if applicable,
3487
shall certify the transmission line corridor that has the least
3488
adverse impact regarding the criteria in subsection (3),
3489
including costs.
3490
(b) If the board, or secretary if applicable, finds that an
3491
alternate corridor rejected pursuant to s. 403.5271 as
3492
incorporated by reference in s. 403.5064(1)(b) meets the criteria
3493
of subsection (3) and has the least adverse impact regarding the
3494
criteria in subsection (3), the board, or secretary if
3495
applicable, shall deny certification or shall allow the applicant
3496
to submit an amended application to include the corridor.
3497
(c) If the board, or secretary if applicable, finds that
3498
two or more of the corridors that comply with subsection (3) have
3499
the least adverse impacts regarding the criteria in subsection
3500
(3), including costs, and that the corridors are substantially
3501
equal in adverse impacts regarding the criteria in subsection
3502
(3), including costs, the board, or secretary if applicable,
3503
shall certify the corridor preferred by the applicant if the
3504
corridor is one proper for certification under s. 403.503(10).
3505
Section 57. Subsection (5) is added to section 403.5115,
3506
Florida Statutes, to read:
3507
403.5115 Public notice.--
3508
(5) A proponent of an alternate corridor shall publish
3509
public notices concerning the filing of a proposal for an
3510
alternate corridor; the route of the alternate corridor; the
3511
revised time schedules, if any; the filing deadline for a
3512
petition to become a party; and the date of the rescheduled
3513
certification hearing, if necessary. For purposes of this
3514
subsection, all notices must be published in a newspaper or
3515
newspapers of general circulation within the county or counties
3516
affected by the proposed alternate corridor and must comply with
3517
the requirements provided in subsection (2). The notices must be
3518
published at least 45 days before the date of the rescheduled
3519
certification hearing.
3520
Section 58. Subsection (1) of section 403.5175, Florida
3521
Statutes, is amended to read:
3522
403.5175 Existing electrical power plant site
3523
certification.--
3524
(1) An electric utility that owns or operates an existing
3525
electrical power plant as defined in s. 403.503(14) s.
3526
403.503(13) may apply for certification of an existing power
3527
plant and its site in order to obtain all agency licenses
3528
necessary to ensure compliance with federal or state
3529
environmental laws and regulation using the centrally
3530
coordinated, one-stop licensing process established by this part.
3531
An application for site certification under this section must be
3532
in the form prescribed by department rule. Applications must be
3533
reviewed and processed using the same procedural steps and
3534
notices as for an application for a new facility, except that a
3535
determination of need by the Public Service Commission is not
3536
required.
3537
Section 59. Subsection (6) is added to section 403.518,
3538
Florida Statutes, to read:
3539
403.518 Fees; disposition.--The department shall charge the
3540
applicant the following fees, as appropriate, which, unless
3541
otherwise specified, shall be paid into the Florida Permit Fee
3542
Trust Fund:
3543
(6) An application fee for an alternate corridor filed
3544
pursuant to s. 403.5064(4). The application fee shall be $750 per
3545
mile for each mile of the alternate corridor located within an
3546
existing electric transmission line right-of-way or within an
3547
existing right-of-way for a road, highway, railroad, or other
3548
aboveground linear facility, or $1,000 per mile for each mile of
3549
an electric transmission line corridor proposed to be located
3550
outside the existing right-of-way.
3551
Section 60. Subsection (4) of section 403.519, Florida
3552
Statutes, is amended to read:
3553
403.519 Exclusive forum for determination of need.--
3554
(4) In making its determination on a proposed electrical
3555
power plant using nuclear materials or synthesis gas produced by
3556
integrated gasification combined cycle power plant as fuel, the
3557
commission shall hold a hearing within 90 days after the filing
3558
of the petition to determine need and shall issue an order
3559
granting or denying the petition within 135 days after the date
3560
of the filing of the petition. The commission shall be the sole
3561
forum for the determination of this matter and the issues
3562
addressed in the petition, which accordingly shall not be
3563
reviewed in any other forum, or in the review of proceedings in
3564
such other forum. In making its determination to either grant or
3565
deny the petition, the commission shall consider the need for
3566
electric system reliability and integrity, including fuel
3567
diversity, the need for base-load generating capacity, the need
3568
for adequate electricity at a reasonable cost, and whether
3569
renewable energy sources and technologies, as well as
3570
conservation measures, are utilized to the extent reasonably
3571
available.
3572
(a) The applicant's petition shall include:
3573
1. A description of the need for the generation capacity.
3574
2. A description of how the proposed nuclear or integrated
3575
gasification combined cycle power plant will enhance the
3576
reliability of electric power production within the state by
3577
improving the balance of power plant fuel diversity and reducing
3578
Florida's dependence on fuel oil and natural gas.
3579
3. A description of and a nonbinding estimate of the cost
3580
of the nuclear or integrated gasification combined cycle power
3581
plant, including any costs associated with new, enlarged, or
3582
relocated electrical transmission lines or facilities of any size
3583
that are necessary to serve the nuclear power plant.
3584
4. The annualized base revenue requirement for the first 12
3585
months of operation of the nuclear or integrated gasification
3586
combined cycle power plant.
3587
5. Information on whether there were any discussions with
3588
any electric utilities regarding ownership of a portion of the
3589
nuclear or integrated gasification combined cycle power plant by
3590
such electric utilities.
3591
(b) In making its determination, the commission shall take
3592
into account matters within its jurisdiction, which it deems
3593
relevant, including whether the nuclear or integrated
3594
gasification combined cycle power plant will:
3595
1. Provide needed base-load capacity.
3596
2. Enhance the reliability of electric power production
3597
within the state by improving the balance of power plant fuel
3598
diversity and reducing Florida's dependence on fuel oil and
3599
natural gas.
3600
3. Provide the most cost-effective source of power, taking
3601
into account the need to improve the balance of fuel diversity,
3602
reduce Florida's dependence on fuel oil and natural gas, reduce
3603
air emission compliance costs, and contribute to the long-term
3604
stability and reliability of the electric grid.
3605
(c) No provision of rule 25-22.082, Florida Administrative
3606
Code, shall be applicable to a nuclear or integrated gasification
3607
combined cycle power plant sited under this act, including
3608
provisions for cost recovery, and an applicant shall not
3609
otherwise be required to secure competitive proposals for power
3610
supply prior to making application under this act or receiving a
3611
determination of need from the commission.
3612
(d) The commission's determination of need for a nuclear or
3613
integrated gasification combined cycle power plant shall create a
3614
presumption of public need and necessity and shall serve as the
3615
commission's report required by s. 403.507(4)(a). An order
3616
entered pursuant to this section constitutes final agency action.
3617
Any petition for reconsideration of a final order on a petition
3618
for need determination shall be filed within 5 days after the
3619
date of such order. The commission's final order, including any
3620
order on reconsideration, shall be reviewable on appeal in the
3621
Florida Supreme Court. Inasmuch as delay in the determination of
3622
need will delay siting of a nuclear or integrated gasification
3623
combined cycle power plant or diminish the opportunity for
3624
savings to customers under the federal Energy Policy Act of 2005,
3625
the Supreme Court shall proceed to hear and determine the action
3626
as expeditiously as practicable and give the action precedence
3627
over matters not accorded similar precedence by law.
3628
(e) After a petition for determination of need for a
3629
nuclear or integrated gasification combined cycle power plant has
3630
been granted, the right of a utility to recover any costs
3631
incurred prior to commercial operation, including, but not
3632
limited to, costs associated with the siting, design, licensing,
3633
or construction of the plant and new, expanded, or relocated
3634
electrical transmission lines or facilities of any size that are
3635
necessary to serve the nuclear power plant, shall not be subject
3636
to challenge unless and only to the extent the commission finds,
3637
based on a preponderance of the evidence adduced at a hearing
3638
before the commission under s. 120.57, that certain costs were
3639
imprudently incurred. Proceeding with the construction of the
3640
nuclear or integrated gasification combined cycle power plant
3641
following an order by the commission approving the need for the
3642
nuclear or integrated gasification combined cycle power plant
3643
under this act shall not constitute or be evidence of imprudence.
3644
Imprudence shall not include any cost increases due to events
3645
beyond the utility's control. Further, a utility's right to
3646
recover costs associated with a nuclear or integrated
3647
gasification combined cycle power plant may not be raised in any
3648
other forum or in the review of proceedings in such other forum.
3649
Costs incurred prior to commercial operation shall be recovered
3650
pursuant to chapter 366.
3651
Section 61. Section 403.7055, Florida Statutes, is created
3652
to read:
3653
403.7055 Methane capture.--
3654
(1) Each county is encouraged to form multicounty regional
3655
solutions to the capture and reuse or sale of methane gas from
3656
landfills and wastewater treatment facilities.
3657
(2) The department shall provide planning guidelines and
3658
technical assistance to each county to develop and implement such
3659
multicounty efforts.
3660
Section 62. Paragraph (i) of subsection (6) of section
3661
403.814, Florida Statutes, is amended to read:
3662
403.814 General permits; delegation.--
3663
(6) Construction and maintenance of electric transmission
3664
or distribution lines in wetlands by electric utilities, as
3665
defined in s. 366.02, shall be authorized by general permit
3666
provided the following provisions are implemented:
3667
(i) This subsection also applies to transmission lines and
3668
appurtenances certified pursuant to part II of this chapter.
3669
However, the criteria of the general permit shall not otherwise
3670
affect the authority of the siting board to condition
3671
certification of transmission lines as authorized under part II
3672
of this chapter.
3673
3674
Maintenance of existing electric lines and clearing of vegetation
3675
in wetlands conducted without the placement of structures in
3676
wetlands or other dredge and fill activities does not require an
3677
individual or general construction permit. For the purpose of
3678
this subsection, wetlands shall mean the landward extent of
3679
waters of the state regulated under ss. 403.91-403.929 and
3680
isolated and nonisolated wetlands regulated under part IV of
3681
chapter 373. The provisions provided in this subsection apply to
3682
the permitting requirements of the department, any water
3683
management district, and any local government implementing part
3684
IV of chapter 373 or part VIII of this chapter.
3685
Section 63. Section 489.145, Florida Statutes, is amended
3686
to read:
3687
489.145 Guaranteed energy performance savings
3688
contracting.--
3689
(1) SHORT TITLE.--This section may be cited as the
3690
"Guaranteed Energy, Water, and Wastewater Performance Savings
3691
Contracting Act."
3692
(2) LEGISLATIVE FINDINGS.--The Legislature finds that
3693
investment in energy, water, and wastewater conservation measures
3694
in agency facilities can reduce the amount of energy and water
3695
consumed and wastewater treated and produce immediate and long-
3696
term savings. It is the policy of this state to encourage each
3697
agency agencies to invest in energy, water, and wastewater
3698
efficiency and conservation measures that reduce energy
3699
consumption, produce a cost savings for the agency, and improve
3700
the quality of indoor air in public facilities and to operate,
3701
maintain, and, when economically feasible, build or renovate
3702
existing agency facilities in such a manner as to minimize energy
3703
and water consumption and wastewater production and maximize
3704
energy, water, and wastewater savings. It is further the policy
3705
of this state to encourage agencies to reinvest any energy
3706
savings resulting from energy, water, and wastewater efficiency
3707
and conservation measures in additional energy, water, and
3708
wastewater conservation measures efforts.
3709
(3) DEFINITIONS.--As used in this section, the term:
3710
(a) "Agency" means the state, a municipality, or a
3711
political subdivision.
3712
(b) "Energy conservation measure" means a training program,
3713
facility alteration, or equipment purchase to be used in new
3714
construction, including an addition to an existing facilities or
3715
infrastructure facility, which reduces energy, water, or
3716
wastewater or energy-related operating costs and includes, but is
3717
not limited to:
3718
1. Insulation of the facility structure and systems within
3719
the facility.
3720
2. Storm windows and doors, caulking or weatherstripping,
3721
multiglazed windows and doors, heat-absorbing, or heat-
3722
reflective, glazed and coated window and door systems, additional
3723
glazing, reductions in glass area, and other window and door
3724
system modifications that reduce energy consumption.
3725
3. Automatic energy control systems.
3726
4. Heating, ventilating, or air-conditioning system
3727
modifications or replacements.
3728
5. Replacement or modifications of lighting fixtures to
3729
increase the energy efficiency of the lighting system, which, at
3730
a minimum, must conform to the applicable state or local building
3731
code.
3732
6. Energy recovery systems.
3733
7. Cogeneration systems that produce steam or forms of
3734
energy such as heat, as well as electricity, for use primarily
3735
within a facility or complex of facilities.
3736
8. Energy conservation measures that reduce Btu, kW, or kWh
3737
consumed or that provide long-term operating cost reductions or
3738
significantly reduce Btu consumed.
3739
9. Renewable energy systems, such as solar, biomass, or
3740
wind systems.
3741
10. Devices that reduce water consumption or sewer charges.
3742
11. Energy storage systems, such as fuel cells and thermal
3743
storage.
3744
12. Energy generating technologies, such as microturbines.
3745
13. Any other repair, replacement, or upgrade of existing
3746
equipment.
3747
(c) "Energy, water, and wastewater cost savings" means a
3748
measured reduction in the cost of fuel, energy, or water
3749
consumption or wastewater production, and stipulated operation
3750
and maintenance created from the implementation of one or more
3751
energy, water, or wastewater efficiency or conservation measures
3752
when compared with an established baseline for the previous cost
3753
of fuel, energy, or water consumption or wastewater production,
3754
and stipulated operation and maintenance.
3755
(d) "Guaranteed energy, water, and wastewater performance
3756
savings contract" means a contract for the evaluation,
3757
recommendation, and implementation of energy, water, and
3758
wastewater efficiency or conservation measures, which, at a
3759
minimum, shall include:
3760
1. The design and installation of equipment to implement
3761
one or more of such measures and, if applicable, operation and
3762
maintenance of such measures.
3763
2. The amount of any actual annual savings that meet or
3764
exceed total annual contract payments made by the agency for the
3765
contract.
3766
3. The finance charges incurred by the agency over the life
3767
of the contract.
3768
(e) "Guaranteed energy performance savings contractor"
3769
means a person or business that is licensed under chapter 471,
3770
chapter 481, or this chapter, and is experienced in the analysis,
3771
design, implementation, or installation of energy conservation
3772
measures through energy performance contracts.
3773
(f) "Investment grade energy audit" means a detailed
3774
energy, water, and wastewater audit, along with an accompanying
3775
analysis of proposed energy, water, and wastewater conservation
3776
measures, and their costs, savings, and benefits prior to entry
3777
into an energy savings contract.
3778
(4) PROCEDURES.--
3779
(a) An agency may enter into a guaranteed energy
3780
performance savings contract with a guaranteed energy performance
3781
savings contractor to significantly reduce energy, water, or
3782
wastewater consumption or production of energy-related operating
3783
costs of an agency facility through one or more energy, water, or
3784
wastewater efficiency or conservation measures.
3785
(b) Before design and installation of energy conservation
3786
measures, the agency must obtain from a guaranteed energy
3787
performance savings contractor an investment grade audit a report
3788
that summarizes the costs associated with the energy conservation
3789
measures or energy-related operational cost-saving measures and
3790
provides an estimate of the amount of the energy cost savings.
3791
The agency and the guaranteed energy performance savings
3792
contractor may enter into a separate agreement to pay for costs
3793
associated with the preparation and delivery of the report;
3794
however, payment to the contractor shall be contingent upon the
3795
report's projection of energy or operational cost savings being
3796
equal to or greater than the total projected costs of the design
3797
and installation of the report's energy conservation measures.
3798
(c) The agency may enter into a guaranteed energy
3799
performance savings contract with a guaranteed energy performance
3800
savings contractor if the agency finds that the amount the agency
3801
would spend on the energy conservation or energy-related cost-
3802
savings measures will not likely exceed the amount of the energy
3803
or energy-related cost savings for up to 20 years from the date
3804
of installation, based on the life cycle cost calculations
3805
provided in s. 255.255, if the recommendations in the report were
3806
followed and if the qualified provider or providers give a
3807
written guarantee that the energy or energy-related cost savings
3808
will meet or exceed the costs of the system. However, actual
3809
computed cost savings must meet or exceed the estimated cost
3810
savings provided in program approval. Baseline adjustments used
3811
in calculations must be specified in the contract. The contract
3812
may provide for installment payments for a period not to exceed
3813
20 years.
3814
(d) A guaranteed energy performance savings contractor must
3815
be selected in compliance with s. 287.055; except that if fewer
3816
than three firms are qualified to perform the required services,
3817
the requirement for agency selection of three firms, as provided
3819
not apply.
3820
(e) Before entering into a guaranteed energy performance
3821
savings contract, an agency must provide published notice of the
3822
meeting in which it proposes to award the contract, the names of
3823
the parties to the proposed contract, and the contract's purpose.
3824
(f) A guaranteed energy performance savings contract may
3825
provide for financing, including tax-exempt financing, by a third
3826
party. The contract for third party financing may be separate
3827
from the guaranteed energy performance contract. A separate
3828
contract for third party financing must include a provision that
3829
the third party financier must not be granted rights or
3830
privileges that exceed the rights and privileges available to the
3831
guaranteed energy performance savings contractor.
3832
(g) Financing for guaranteed energy performance savings
3833
contracts may be provided under the authority of s. 287.064.
3834
(h) The office of the Chief Financial Officer shall review
3835
proposals from state agencies to ensure that the most effective
3836
financing is being used.
3837
(i) Annually, the agency that has entered into the contract
3838
shall provide the Department of Management Services and the Chief
3839
Financial Officer the measurement and verification report
3840
required by the contract to validate that energy savings have
3841
occurred.
3842
(j)(g) In determining the amount the agency will finance to
3843
acquire the energy conservation measures, the agency may reduce
3844
such amount by the application of any grant moneys, rebates, or
3845
capital funding available to the agency for the purpose of buying
3846
down the cost of the guaranteed energy performance savings
3847
contract. However, in calculating the life cycle cost as required
3848
in paragraph (c), the agency shall not apply any grants, rebates,
3849
or capital funding.
3850
(5) CONTRACT PROVISIONS.--
3851
(a) A guaranteed energy performance savings contract must
3852
include a written guarantee that may include, but is not limited
3853
to the form of, a letter of credit, insurance policy, or
3854
corporate guarantee by the guaranteed energy performance savings
3855
contractor that annual associated energy cost savings will meet
3856
or exceed the amortized cost of energy conservation measures.
3857
(b) The guaranteed energy performance savings contract must
3858
provide that all payments, except obligations on termination of
3859
the contract before its expiration, may be made over time, but
3860
not to exceed 20 years from the date of complete installation and
3861
acceptance by the agency, and that the annual savings are
3862
guaranteed to the extent necessary to make annual payments to
3863
satisfy the guaranteed energy performance savings contract.
3864
(c) The guaranteed energy performance savings contract must
3865
require that the guaranteed energy performance savings contractor
3866
to whom the contract is awarded provide a 100-percent public
3867
construction bond to the agency for its faithful performance, as
3868
required by s. 255.05.
3869
(d) The guaranteed energy performance savings contract may
3870
contain a provision allocating to the parties to the contract any
3871
annual energy cost savings that exceed the amount of the energy
3872
cost savings guaranteed in the contract.
3873
(e) The guaranteed energy performance savings contract
3874
shall require the guaranteed energy performance savings
3875
contractor to provide to the agency an annual reconciliation of
3876
the guaranteed energy or energy-related cost savings. If the
3877
reconciliation reveals a shortfall in annual energy or energy-
3878
related cost savings, the guaranteed energy performance savings
3879
contractor is liable for such shortfall. If the reconciliation
3880
reveals an excess in annual energy cost savings, the excess
3881
savings may be allocated under paragraph (d) but may not be used
3882
to cover potential energy cost savings shortages in subsequent
3883
contract years.
3884
(f) The guaranteed energy performance savings contract must
3885
provide for payments of not less than one-twentieth of the price
3886
to be paid within 2 years from the date of the complete
3887
installation and acceptance by the agency using straight-line
3888
amortization for the term of the loan, and the remaining costs to
3889
be paid at least quarterly, not to exceed a 20-year term, based
3890
on life cycle cost calculations.
3891
(g) The guaranteed energy performance savings contract may
3892
extend beyond the fiscal year in which it becomes effective;
3893
however, the term of any contract expires at the end of each
3894
fiscal year and may be automatically renewed annually for up to
3895
20 years, subject to the agency making available sufficient
3896
annual funds appropriations based upon continued realized energy
3897
savings.
3898
(h) The guaranteed energy performance savings contract must
3899
stipulate that it does not constitute a debt, liability, or
3900
obligation of the state.
3901
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
3902
Department of Management Services, with the assistance of the
3903
Office of the Chief Financial Officer, shall may, within
3904
available resources, provide technical content assistance to
3905
state agencies contracting for energy conservation measures and
3906
engage in other activities considered appropriate by the
3907
department for promoting and facilitating guaranteed energy
3908
performance contracting by state agencies. The Department of
3909
Management Services shall review the investment-grade audit for
3910
each proposed project and certify that the cost savings are
3911
appropriate and sufficient for the term of the contract. The
3912
Office of the Chief Financial Officer, with the assistance of the
3913
Department of Management Services, shall develop model
3914
contractual and other related documents and shall, by rule may,
3915
within available resources, develop the contract requirements
3916
model contractual and related documents for use by state and
3917
other agencies. Prior to entering into a guaranteed energy
3918
performance savings contract, any contract or lease for third-
3919
party financing, or any combination of such contracts, a state
3920
agency shall submit such proposed contract or lease to the Office
3921
of the Chief Financial Officer for review and approval. A
3922
proposed contract or lease shall include:
3923
(a) Supporting information required by s. 216.023(a)9. in
3925
489.145, the criteria may, at a minimum, include the
3926
specification of a benchmark cost of capital and minimum real
3927
rate of return on energy, water, or wastewater savings against
3928
which proposals shall be evaluated.
3929
(b) Documentation supporting recurring funds requirements
3931
(c) Approval by the agency head or his or her designee.
3932
(d) An agency measurement and verification plan to monitor
3933
cost savings.
3934
(7) FUNDING SUPPORT.--For purposes of consolidated
3935
financing of deferred payment commodity contracts under this
3936
section by a state agency, any such contract must be supported
3937
from available recurring funds appropriated to the agency in an
3938
appropriation category, as defined in chapter 216, which the
3939
Legislature has designated for payment of the obligation incurred
3940
under this section, or which the Chief Financial Officer has
3941
determined is appropriate.
3942
3943
The office of the Chief Financial Officer may not approve any
3944
contract from any state agency submitted under this section which
3945
does not meet the requirements of this section.
3946
Section 64. Section 526.203, Florida Statutes, is created
3947
to read:
3948
526.203 Renewable fuel standard.--
3949
(1) DEFINITIONS.--As used in this ss. 526.203-526.206, the
3950
terms "blender," "exporter," "importer," "terminal supplier," and
3951
"wholesaler" shall be defined as provided in s. 206.01.
3952
(a) "Fuel ethanol-blended gasoline" means a mixture of 90
3953
percent gasoline and 10 percent fuel ethanol or similar alcohol.
3954
The 10 percent fuel ethanol, or similar alcohol, portion may be
3955
derived from any agricultural source.
3956
(b) "Unblended gasoline" means gasoline that has not been
3957
blended with fuel ethanol.
3958
(2) FUEL STANDARD.--On and after December 31, 2010, all
3959
gasoline sold or offered for sale in Florida at retail shall
3960
contain, at a minimum 10 percent of a agriculturally derived,
3961
denatured ethanol fuel by volume. No terminal supplier, importer,
3962
exporter, blender, or wholesaler in this state shall sell or
3963
deliver fuel that which does not meet the blending requirements
3964
of ss. 526.203-526.206.
3965
(3) EXEMPTIONS.--The requirements of ss. 526.203-526.206 do
3966
not apply to the following:
3967
(a) Fuel used in aircraft;
3968
(b) Fuel sold at marinas and mooring docks for use in boats
3969
and similar watercraft;
3970
(c) Fuel sold at public or private racecourses intended to
3971
be used exclusively as a fuel for off-highway motor sports racing
3972
events;
3973
(d) Fuel sold for use in collector vehicles or vehicles
3974
eligible to be licensed as collector vehicles, off-road vehicles,
3975
motorcycles, or small engines.
3976
(e) Fuel unable to comply due to requirements of the United
3977
States Environmental Protection Agency;
3978
(f) Fuel bulk transferred between terminals;
3979
(g) Fuel exported from the state in accordance with s.
3980
3981
(h) Fuel qualifying for any exemption in accordance with
3982
chapter 206;
3983
(i) Fuel at an electric power plant that is regulated by
3984
the United States Nuclear Regulatory Commission unless such
3985
commission has approved the use of fuel meeting the requirements
3986
of subsection (2);
3987
(j) Fuel for a railroad locomotive; or
3988
(k) Fuel for equipment, including vehicle or vessel,
3989
covered by a warranty that would be voided, if explicitly stated
3990
in writing by the vehicle or vessel manufacturer, if it were to
3991
be operated using fuel meeting the requirements of subsection
3992
(2).
3993
(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,
3994
importer, exporter, blender, and wholesaler shall include in its
3995
report to the Department of Revenue the number of gallons of
3996
gasoline fuel meeting and not meeting the requirements of ss.
3997
526.203-526.206 which is sold and delivered by the terminal
3998
supplier, importer, exporter, blender, or wholesaler in the
3999
state, and the destination as to the county in the state to which
4000
the gasoline was delivered for resale at retail or use.
4001
Section 65. Section 526.204, Florida Statutes, is created to
4002
read:
4003
526.204 Suspension during declared emergencies; waivers.--
4004
(1) In order to account for supply disruptions and ensure
4005
reliable supplies of motor fuels for Florida, the requirements of
4006
ss. 526.203-526.206 shall be suspended when the provisions of s.
4007
252.36(2) in any area of the state are in effect plus an
4008
additional 30 days.
4009
(2) If a terminal supplier, importer, exporter, blender, or
4010
wholesaler is unable to obtain fuel ethanol or fuel ethanol-
4011
blended gasoline at the same or lower price than the price of
4012
unblended gasoline, the sale or delivery of unblended gasoline by
4013
the terminal supplier, importer, exporter, blender, or wholesaler
4014
shall not be deemed a violation of ss. 526.203-526.206. The
4015
terminal supplier, importer, exporter, blender, or wholesaler
4016
shall, upon request, provide the required documentation regarding
4017
the sales transaction and price of fuel ethanol, fuel ethanol-
4018
blended gasoline, and unblended gasoline to the Department of
4019
Revenue.
4020
Section 66. Section 526.205, Florida Statutes, is created
4021
to read:
4022
526.205 Enforcement.--
4023
(1) It is unlawful to sell or distribute, or offer for sale
4024
or distribution, any gasoline that fails to meet the requirements
4025
of ss. 526.203-526.207.
4026
(2) Upon determining that a terminal supplier, importer,
4027
exporter, blender, or wholesaler is not meeting the requirements
4028
of s. 526.203(2), the Department of Revenue shall notify the
4029
department.
4030
(3) Upon notification by the Department of Revenue of a
4031
violation of ss. 526.203-526.206, the department shall, subject
4032
to subsection (1), grant an extension or enter an order imposing
4033
one or more of the following penalties:
4034
(a) Issuance of a warning letter.
4035
(b) Imposition of an administrative fine of not more than
4036
$1,000 per violation for a first-time offender. For a second-time
4037
or repeat offender, or any person who is shown to have willfully
4038
and intentionally violated any provision of this chapter, the
4039
administrative fine shall not exceed $5,000 per violation. When
4040
imposing any fine under this section, the department shall
4041
consider the amount of money the violator benefited from by
4042
noncompliance, whether the violation was committed willfully, and
4043
the compliance record of the violator.
4044
(c) Revocation or suspension of any registration issued by
4045
the department.
4046
(4) Any terminal supplier, importer, exporter, blender, or
4047
wholesaler may apply to the department by September 30, 2010, for
4048
an extension of time to comply with the requirements of ss.
4049
526.203-526.206. The application for an extension must
4050
demonstrate that the applicant has made a good faith effort to
4051
comply with the requirements but has been unable to do so for
4052
reasons beyond the applicant's control, such as delays in
4053
receiving governmental permits. The department shall review each
4054
application and make a determination as to whether the failure to
4055
comply was beyond the control of the applicant. If the department
4056
determines that the applicant made a good faith effort to comply,
4057
but was unable to do so for reasons beyond the applicant's
4058
control, the department shall grant an extension of time
4059
determined necessary for the applicant to comply. If no extension
4060
is granted, the department shall proceed with enforcement
4061
pursuant to subsection (3).
4062
Section 67. Section 526.206, Florida Statutes, is created
4063
to read:
4064
526.206 Rules.--
4065
(1) The Department of Revenue is authorized to adopt rules
4067
of ss. 526.203-526.206.
4068
(2) The Department of Agriculture and Consumer Services is
4070
to implement the provisions of ss. 526.203-526.206.
4071
Section 68. Studies and reports.--
4072
(1) The Florida Energy Commission shall conduct a study to
4073
evaluate and recommend the lifecycle greenhouse gas emissions
4074
associated with all renewable fuels, including, but not limited
4075
to, biodiesel, renewable diesel, biobutanol, ethanol derived from
4076
corn, ethanol derived from sugar, and cellulosic ethanol. In
4077
addition, the study shall evaluate and recommend a requirement
4078
that all renewable fuels introduced into commerce in the state,
4079
as a result of the renewable fuel standard, shall reduce the
4080
lifecycle greenhouse gas emissions by an average percentage. The
4081
study may also evaluate and recommend any benefits associated
4082
with the creation, banking, transfer, and sale of credits among
4083
fuel refiners, blenders, and importers.
4084
(2) The Florida Energy Commission shall submit a report
4085
containing specific recommendations to the President of the
4086
Senate and the Speaker of the House of Representatives no later
4087
than December 31, 2010.
4088
Section 69. Present subsection (5) of section 553.77,
4089
Florida Statutes, is renumbered as subsection (6), and a new
4090
subsection (5) is added to that section, to read:
4091
553.77 Specific powers of the commission.--
4092
(5) The commission may implement its recommendations
4093
delivered pursuant to subsection (2) of section 48 of chapter
4094
2007-73, Laws of Florida, by amending the Florida Energy
4095
Efficiency Code for Building Construction as provided in s.
4096
4097
Section 70. Section 553.886, Florida Statutes, is created
4098
to read:
4099
553.886 Energy-efficiency technologies.--The provisions of
4100
the Florida Building Code must facilitate and promote the use of
4101
cost-effective energy conservation, energy-demand management, and
4102
renewable energy technologies in buildings.
4103
Section 71. Section 553.9061, Florida Statutes, is created
4104
to read:
4105
553.9061 Scheduled increases in thermal efficiency
4106
standards.--
4107
(1) This section establishes a schedule of required
4108
increases in the energy-efficiency performance of buildings that
4109
are subject to the requirements for energy efficiency as
4110
contained in the current edition of the Florida Building Code.
4111
The Florida Building Commission shall implement the following
4112
energy-efficiency goals using the triennial code-adoption process
4113
established for updates to the Florida Building Code in s.
4114
4115
(a) Include requirements in the 2010 edition of the Florida
4116
Building Code to increase the energy-efficiency performance of
4117
new buildings by at least 20 percent as compared to the
4118
performance achieved as a result of the implementation of the
4119
energy-efficiency provisions contained in the 2004 edition of the
4120
Florida Building Code, as amended on May 22, 2007;
4121
(b) Include requirements in the 2013 edition of the Florida
4122
Building Code to increase the energy-efficiency performance of
4123
new buildings by at least 30 percent as compared to the
4124
performance achieved as a result of the implementation of the
4125
energy-efficiency provisions contained in the 2004 edition of the
4126
Florida Building Code, as amended on May 22, 2007;
4127
(c) Include requirements in the 2016 edition of the Florida
4128
Building Code to increase the energy-efficiency performance of
4129
new buildings by at least 40 percent as compared to the
4130
performance achieved as a result of the implementation of the
4131
energy-efficiency provisions contained in the 2004 edition of the
4132
Florida Building Code, as amended on May 22, 2007; and
4133
(d) Include requirements in the 2019 edition of the Florida
4134
Building Code to increase the energy-efficiency performance of
4135
new buildings by at least 50 percent as compared to the
4136
performance achieved as a result of the implementation of the
4137
energy-efficiency provisions contained in the 2004 edition of the
4138
Florida Building Code, as amended on May 22, 2007.
4139
(2) The commission shall identify in any code-support and
4140
compliance documentation the specific building options and
4141
elements available to meet the energy-efficiency performance
4142
requirements required under subsection (1). Energy-efficiency
4143
performance options and elements include, but are not limited to:
4144
(a) Solar water heating;
4145
(b) Energy-efficient appliances;
4146
(c) Energy-efficient windows, doors, and skylights;
4147
(d) Low solar-absorption roofs, also known as "cool roofs";
4148
(e) Enhanced ceiling and wall insulation;
4149
(f) Reduced-leak duct systems;
4150
(g) Programmable thermostats; and
4151
(h) Energy-efficient lighting systems.
4152
Section 72. (1) The Florida Building Commission shall
4153
conduct a study to evaluate the energy-efficiency rating of new
4154
buildings and appliances. The study must include a review of the
4155
current energy-efficiency ratings and consumer labeling
4156
requirements contained in chapter 553, Florida Statutes. The
4157
commission shall submit a written report of its study to the
4158
President of the Senate and the Speaker of the House of
4159
Representatives on or before February 1, 2009. The report must
4160
contain the commission's recommendations regarding the
4161
strengthening and integration of energy-efficiency ratings and
4162
labeling requirements.
4163
(2) The provisions of this section expire July 1, 2009.
4164
Section 73. (1) The Florida Building Commission shall
4165
conduct a study to evaluate opportunities to restructure the
4166
Florida Energy Efficiency Code for Building Construction to
4167
achieve long-range improvements to building energy performance.
4168
During such study, the commission shall address the integration
4169
of the Thermal Efficiency Code established in part V of chapter
4170
553, Florida Statutes, the Energy Conservation Standards Act
4171
established in part VI of chapter 553, Florida Statutes, and the
4172
Florida Building Energy-Efficiency Rating Act established in part
4173
VIII of chapter 553, Florida Statutes.
4174
(2) The commission shall submit a report containing
4175
specific recommendations on the integration of the code and acts
4176
identified in subsection (1) to the President of the Senate and
4177
the Speaker of the House of Representatives on or before February
4178
1, 2009.
4179
(3) The provisions of this section expire July 1, 2009.
4180
Section 74. (1) The Department of Community Affairs, in
4181
conjunction with the Florida Energy Affordability Coalition,
4182
shall identify and review issues relating to the Low-Income Home
4183
Energy Assistance Program and the Weatherization Assistance
4184
Program, and identify recommendations that:
4185
(a) Support customer health, safety, and well-being;
4186
(b) Maximize available financial and energy-conservation
4187
assistance;
4188
(c) Improve the quality of service to customers seeking
4189
assistance; and
4190
(d) Educate customers to make informed decisions regarding
4191
energy use and conservation.
4192
(2) On or before January 1, 2009, the department shall
4193
report its findings and any recommended statutory changes
4194
required to implement such findings to the President of the
4195
Senate and the Speaker of the House of Representatives.
4196
(3) The provisions of this section expire July 1, 2009.
4197
Section 75. Subsection (1) of section 553.957, Florida
4198
Statutes, is amended to read:
4199
553.957 Products covered by this part.--
4200
(1) The provisions of this part apply to the testing,
4201
certification, and enforcement of energy conservation standards
4202
for the following types of new commercial and residential
4203
products sold in the state:
4204
(a) Refrigerators, refrigerator-freezers, and freezers
4205
which can be operated by alternating current electricity,
4206
excluding:
4207
1. Any type designed to be used without doors; and
4208
2. Any type which does not include a compressor and
4209
condenser unit as an integral part of the cabinet assembly.
4210
(b) Lighting equipment.
4211
(c) Showerheads.
4212
(d) Electric water heaters used to heat potable water in
4213
homes or businesses.
4214
(e) Electric motors used to pump water within swimming
4215
pools.
4216
(f) Water heaters for swimming pools.
4217
(g)(d) Any other type of consumer product which the
4218
department classifies as a covered product as specified in this
4219
part.
4220
Section 76. Section 553.975, Florida Statutes, is amended
4221
to read:
4222
553.975 Report to the Governor and Legislature.--The Public
4223
Service Commission shall submit a biennial report to the
4224
Governor, the President of the Senate, and the Speaker of the
4225
House of Representatives, concurrent with the report required by
4227
include an evaluation of the effectiveness of these standards on
4228
energy conservation in this state.
4229
Section 77. The Public Service Commission shall analyze
4230
utility revenue decoupling and provide a report and
4231
recommendations to the Governor, the President of the Senate, and
4232
the Speaker of the House of Representatives by January 1, 2009.
4233
Section 78. Subsection (6) is added to section 718.113,
4234
Florida Statutes, to read:
4235
718.113 Maintenance; limitation upon improvement; display
4236
of flag; hurricane shutters.--
4237
(6) Notwithstanding the provisions of this section or the
4238
governing documents of a condominium or a multicondominium
4239
association, the board of administration may, without any
4240
requirement for approval of the unit owners, install upon or
4241
within the common elements or association property solar
4242
collectors, clotheslines, or other energy-efficient devices based
4243
on renewable resources for the benefit of the unit owners.
4244
Section 79. Section 1004.648, Florida Statutes, is created
4245
to read:
4246
1004.648 Florida Energy Systems Consortium.--
4247
(1) There is created the Florida Energy Systems Consortium
4248
to promote collaboration between experts in the State University
4249
System for the purpose of developing and implementing a
4250
comprehensive, long-term, environmentally compatible,
4251
sustainable, and efficient energy strategic plan for the state.
4252
The consortium shall focus on an overall broad systems approach,
4253
from energy resource to consumer, for producing innovative energy
4254
systems that will lead to alternative energy strategies, improved
4255
energy efficiencies, and expanded economic development for the
4256
state. The consortium shall consist of the University of Florida,
4257
Florida State University, the University of South Florida, the
4258
University of Central Florida, and Florida Atlantic University.
4259
The consortium shall be administered at the University of Florida
4260
by a director who shall report to the Florida Energy and Climate
4261
Commission, created in s. 377.6015. The commission shall have
4262
ultimate authority over both the technical performance and
4263
financial management of the consortium. In performing its
4264
activities, the consortium must collaborate with an Oversight
4265
Board consisting of the vice president for research at each of
4266
the five universities. The consortium may also collaborate with
4267
industry and other affected parties.
4268
(2) Through collaborative research and development across
4269
the State University System and industry, the goal of the
4270
consortium is to become a world leader in energy research,
4271
education, technology, and energy systems analysis. In so doing,
4272
the consortium shall:
4273
(a) Coordinate and initiate increased collaborative
4274
interdisciplinary energy research among universities and the
4275
energy industry.
4276
(b) Create a Florida energy technology industry.
4277
(c) Provide a state resource for objective energy systems
4278
analysis.
4279
(d) Develop education and outreach programs to prepare a
4280
qualified energy workforce and informed public.
4281
(3) To promote collaboration between researchers within the
4282
State University System, with industry, and other external
4283
partners, the consortium shall receive input from the Florida
4284
Energy and Climate Commission. The University Council, which
4285
shall consist of one member from each university designated by
4286
the corresponding vice president for research, shall provide
4287
guidance on vision and direction to the director. The board, the
4288
Florida Energy and Climate Commission, and the council shall
4289
constitute the Steering Committee. The Steering Committee is
4290
responsible for establishing and assuring the success of the
4291
consortium's strategic plan.
4292
(4) A major focus of the consortium is to expedite
4293
commercialization of innovative energy technologies by taking
4294
advantage of State University System energy expertise, high
4295
technology incubators, industrial parks, and industry-driven
4296
research centers to attract companies to establish manufacturing
4297
in the state and transition technologies into the state economy.
4298
(5) The consortium shall solicit and leverage state,
4299
federal, and private funds for the purpose of conducting
4300
education, research, and development in the area of sustainable
4301
energy. The Oversight Board shall ensure that the consortium
4302
maintains accurate records of any funds received by the
4303
consortium.
4304
(6) Through research and instructional programs, the
4305
faculty associated with the consortium shall coordinate a
4306
statewide workforce development initiative focusing on college-
4307
level degrees, technician training, and public and commercial
4308
sectors awareness. The consortium shall develop specific programs
4309
targeted at preparing graduates who have a background in energy,
4310
continuing education courses for technical and nontechnical
4311
professionals, and modules, laboratories, and courses to be
4312
shared among the universities. The consortium shall work with the
4313
Florida Community College system using the Florida Advanced
4314
Technological Education Center (FLATE) for the coordination and
4315
design of industry-specific training programs for technicians.
4316
(7) By November 1 of each year, the consortium shall submit
4317
an annual report to the Governor, the President of the Senate,
4318
the Speaker of the House of Representatives and the Florida
4319
Energy and Climate Commission regarding its activities including,
4320
but not limited to, education, research, development, and
4321
deployment of alternative energy technologies.
4322
Section 80. State interest.--
4323
(1) As a condition for the issuance of grants or other
4324
monetary awards to private companies for energy-related research
4325
or deployment projects, the Department of Environmental
4326
Protection may require a negotiated or licensing agreement
4327
containing a stipulation requiring the return to the state of an
4328
agreed-upon amount or percentage of profit resulting from
4329
commercialization of the product or process.
4330
(2) The Department of Environmental Protection shall
4331
conduct a study to determine how negotiated or licensing
4332
agreements may best be used in these situations in order for the
4333
state to earn a monetary return on energy-related products or
4334
processes that are ultimately prohibited upon commercialization.
4335
The department shall submit its study to the Governor, the
4336
President of the Senate, and the Speaker of the House of
4337
Representatives by February 1, 2009.
4338
Section 81. The Department of Environmental Protection, in
4339
conjunction with the Department of Agriculture and Consumer
4340
Services, shall conduct an economic impact analysis on the
4341
effects of granting financial incentives to energy producers who
4342
use woody biomass as fuel. It shall include an analysis of the
4343
effects on wood supply and prices and the impacts on current
4344
markets and on forest sustainability. The department shall submit
4345
the results of the study to the President of the Senate and the
4346
Speaker of the House of Representatives.
4347
Section 82. Recycling.--
4348
(1) The Legislature finds that the failure or inability to
4349
economically recover material and energy resources from solid
4350
waste results in the unnecessary waste and depletion of our
4351
natural resources. Therefore, the maximum recycling and reuse of
4352
such resources must be a high-priority goal of this state.
4353
(2) The long-term goal for reducing solid waste through the
4354
recycling efforts of state and local governmental entities shall,
4355
by the year 2020, be a statewide average reduction of 75 percent
4356
of the amount of solid waste that was disposed of in 2007, not
4357
including any recycling efforts undertaken during that year.
4358
(3) The Department of Environmental Protection shall, by
4359
January 1, 2010, develop a recycling program in conjunction with
4360
state and local governments which is designed to meet the
4361
reduction goal stated in subsection (2).
4362
Section 83. The Department of Environmental Protection,
4363
when submitting proposed rules adopted pursuant to s. 403.44,
4364
Florida Statutes, the Climate Protection Act, for ratification by
4365
the Legislature, shall submit a summary report to the Governor,
4366
the President of the Senate, and the Speaker of the House of
4367
Representatives. The report must describe the costs and benefits
4368
of a cap-and-trade system and must include, but need not be
4369
limited to:
4370
(1) The impact of a cap-and-trade system on electricity
4371
prices charged to consumers.
4372
(2) The overall cost of a cap-and-trade system to the
4373
economy of this state.
4374
(3) The effect of a cap-and-trade system on low-income
4375
consumers if the system results in an increase of energy prices
4376
on low-income consumers.
4377
Section 84. Except as otherwise expressly provided in this
4378
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.