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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Commission; amending ss. 377.604, 377.605, and 377.606,

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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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amending ss. 380.23 and 403.031, F.S.; conforming cross-

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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

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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

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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

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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

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processes through the use of negotiated or licensing

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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,

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to conduct an economic impact analysis on the effect of

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granting financial incentives to energy producers who use

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woody biomass; requiring the department to submit the

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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

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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

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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

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or her assigned work with minimal supervision;

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     2. The job classification, workload characteristics, or

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position of the employee has been identified by the public

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employing entity as appropriate for telecommuting; and

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     3. The employee is not under a performance-improvement plan

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or disciplinary action that indicates a need for close

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supervision of his or her assigned work.

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     (d) "Telecommuting schedule" means the work schedule of a

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qualified telecommuting employee indicating the days each week,

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or weeks each month, that the employee will be telecommuting and

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those days or weeks that the employee will be at the onsite work

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location. The schedule must be composed in such a way that the

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employee's work location for any given day is readily

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ascertainable. Occasional variations from the schedule are

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acceptable based on the needs of the entity and the ability of

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the employee to accomplish assigned state business.

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     (e) "Telecommuting site" means the location of the

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qualified telecommuting employee during the hours his or her

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telecommuting schedule indicates he or she is telecommuting.

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     (f) "Onsite work location" means the office or location

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that a public employing entity normally provides for its

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qualified telecommuting employee.

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     (2) Each public employing entity shall:

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     (a) Establish and coordinate the public employee

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telecommuting program and administer this section for its own

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employees.

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     (b) Appoint an organization-wide telecommuting coordinator

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to promote telecommuting and provide technical assistance within

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the entity.

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     (c) Identify employees who are participating in the

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telecommuting program and their job classifications through its

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respective personnel or payroll information management system.

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     (3) By September 30, 2009, each employing public entity

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shall complete a telecommuting plan that includes a current

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listing of the job classifications and positions that the entity

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considers appropriate for telecommuting. The proposed

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telecommuting plan must give equal consideration to civil service

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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

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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

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program in order to ensure its consistency with the strategic

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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

515

participation in the program if the employee's continued

516

participation would not be in the best interests of the public

517

employing entity.

518

     (e) Provide that an employee may not participate in the

519

program if the employee is under a performance-improvement plan.

520

     (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

1017

adopt all other rules pursuant to ss. 120.536(1) and 120.54 to

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.

1083

220.03 or 220.192.

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

1113

authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to

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:

1376

     255.253  Definitions; ss. 255.251-255.258.--

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,

1781

referred to in ss. 337.401-337.404 as the "authority," that have

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.--

1956

     (1)  For the purposes of ss. 366.80-366.85 and 403.519,

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.

2033

366.80-366.85 and 403.519 when establishing rates for those

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,

2294

the provisions of ss. 377.601-377.608 should be given the

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

2446

Grant Programs authorized under ss. 377.804 and 570.957 to ensure

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

2453

functions pursuant to ss. 377.601-377.608;

2454

     (d) Administer the petroleum planning and emergency

2455

contingency planning pursuant to ss. 377.703-377.704;

2456

     (e) Represent Florida in the Southern States Energy Compact

2457

pursuant to ss. 377.71-377.712;

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:

2475

     377.602  Definitions.--As used in ss. 377.601-377.608:

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

2492

the collection of information as required by ss. 377.601-377.608

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

2497

provisions of ss. 377.601-377.608. Such rules shall be pursuant

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

2525

deems proper pursuant to the intent of ss. 377.601-377.608.

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

2554

degree, punishable as provided in ss. 775.082 and 775.083.

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

2576

implementation of s. 377.601 s. 377.601(4), the state energy

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

2624

duties and responsibilities provided by ss. 20.255 and 377.701,

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

2696

seeking to implement s. 377.601 s. 377.601(4), the state energy

2697

policy, and recommendations for better fulfilling this policy.

2698

     (g) The commission department has authority to adopt rules

2699

pursuant to ss. 120.536(1) and 120.54 to implement the provisions

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:

2815

     377.803 Definitions.--As used in ss. 377.801-377.808 ss.

2816

377.801-377.806, the term:

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

2872

ss. 120.536(1) and 120.54 to provide for application

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

2993

pursuant to ss. 120.536(1) and 120.54 to develop rebate

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

3054

governed by ss. 20.18, 288.041, 377.601-377.608, 377.701, 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.

3171

403.503(14) s. 403.503(13), as amended, and the licensing and

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

3204

electric utility, as defined in s. 403.503(14) s. 403.503(13),

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-

3397

403.526 and 403.5271, including the opportunity for the filing

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-

3415

403.526 and 403.5271 for the associated transmission line

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

3818

in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

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

3924

ss. 287.063(5) and 287.064(11). For contracts approved under s.

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

3930

in ss. 287.063(5) and 287.064(11).

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

206.052;

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

4066

pursuant to ss. 120.536(1) and 120.54 to implement the provisions

4067

of ss. 526.203-526.206.

4068

     (2) The Department of Agriculture and Consumer Services is

4069

authorized to adopt rules pursuant to ss. 120.536(1) and 120.54

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

553.901.

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

553.73:

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

4226

s. 366.82(5) s. 366.82(4), beginning in 1990. Such report shall

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.