CS for CS for CS for SB 1544 First Engrossed

20081544e1

A bill to be entitled

An act relating to energy conservation; amending s.

74.051, F.S.; requiring a court to conduct a hearing and

issue a final judgment on a petition for a taking within

specified times after a utility's request for such

hearing; amending s. 110.171, F.S.; requiring each state

agency to complete a telecommuting program by a specified

date which includes a listing of the job classification

and positions that the state agency considers appropriate

for telecommuting; providing requirements for the

telecommuting program; requiring each state agency to post

the telecommuting program on its website; amending s.

163.04, F.S.; revising provisions prohibiting restrictions

on the use of energy devices based on renewable resources;

amending s. 163.3177, F.S.; revising requirements for the

future land use element of a local comprehensive plan;

requiring that the traffic-circulation element incorporate

transportation strategies to reduce greenhouse gas

emissions; revising the conservation element of a local

comprehensive plan to include factors that affect energy

conservation; requiring a land use map of future land use

to depict energy conservation; revising the standards,

plans, and principles of the housing element of a local

comprehensive plan; requiring each unit of local

government within an urbanized area to amend the

transportation element to incorporate transportation

strategies addressing reduction in greenhouse gas

emissions; amending s. 186.007, F.S.; authorizing the

Executive Office of the Governor to include in the state

comprehensive plan goals, objectives, and policies related

energy and global climate change; amending s. 187.201,

F.S.; adopting provisions of the State Comprehensive Plan

concerning the development, siting, and use of low-carbon-

emitting electric power plants; amending s. 196.012, F.S.;

deleting the definition of the term "renewable energy

source device" or "device"; amending s. 196.175, F.S.;

providing no exemption shall be granted for renewable

energy source devices installed before January 1, 2009;

amending s. 206.43, F.S.; requiring each terminal

supplier, importer, exporter, blender, and wholesaler to

include the number of gallons of gasoline fuel which meet

and fail to meet certain requirements in their monthly

reports to the Department of Revenue; amending s. 212.08,

F.S.; requiring that the Florida Energy and Climate

Commission rather than the Department of Environmental

Protection implement certain responsibilities concerning

eligibility and application for the tax exemption;

requiring the commission to adopt, by rule, an application

form, including the required content and documentation to

support the application, for the taxpayer to use in

claiming the tax exemption; amending s. 220.192, F.S.;

defining terms relating to a tax credit; allowing certain

tax credits to be transferred for a specified period;

providing procedures and requirements; authorizing the

Department of Revenue to adopt rules; amending s. 220.193,

F.S.; defining the terms "sale" or "sold" and "taxpayer";

providing legislative intent concerning retroactive

application of certain renewable energy production tax

credits; providing for the pass through of a renewable

energy production tax credit under certain conditions;

providing for retroactive application; amending s. 253.02,

F.S.; providing that the Board of Trustees of the Internal

Improvement Trust Fund may delegate to the Secretary of

Environmental Protection the authority to grant easements

on its behalf under certain conditions; amending s.

253.034, F.S.; granting a utility the use of

nonsovereignty state-owned lands upon a showing of

competent substantial evidence that the use is reasonable;

establishing criteria relating to the title, distribution,

and cost of such lands; amending s. 255.249, F.S.;

requiring state agencies to annually provide telecommuting

plans to the Department of Management Services; amending

s. 255.251, F.S.; creating the "Florida Energy

Conservation and Sustainable Buildings Act"; amending s.

255.252, F.S.; providing findings and legislative intent;

providing that it is the policy of the state that

buildings constructed and financed by the state, or

existing buildings renovated by the state, be designed and

constructed with a goal of meeting or exceeding the United

States Green Building Council (USGBC) Leadership in Energy

and Environmental Design (LEED) rating system, the Green

Building Initiative's Green Globes rating system, or the

Florida Green Building Coalition standards; requiring each

state agency to identify and compile a list of energy-

conservation projects that it determines are suitable for

a guaranteed energy performance savings contract; amending

s. 255.253, F.S.; defining terms relating to energy

conservation for buildings; amending s. 255.254, F.S.;

prohibiting a state agency from leasing or constructing a

facility without having secured from the Department of

Management Services an evaluation of life-cycle costs for

the building; requiring certain leased buildings to have

an energy performance analysis conducted; requiring the

owner of any building leased by the state from the private

sector to submit provisions for monthly energy use data to

the department; amending s. 255.255, F.S.; requiring the

department to use sustainable building ratings for

conducting a life-cycle cost analysis; amending s.

255.257, F.S.; requiring that energy consumption and cost

100

be reported to the department annually in a format

101

prescribed by the department; providing duties of energy-

102

management coordinators; requiring that the department of

103

Management Services develop a state energy-management

104

plan; requiring that state agencies adopt certain rating

105

systems; prohibiting state agencies from entering into

106

leasing agreements for office space not meeting certain

107

building standards; providing an exception; requiring that

108

state agencies develop energy-conservation measures and

109

guidelines for new and existing office space in which

110

state agencies occupy greater than a specified amount of

111

square footage; providing requirements for such measures;

112

creating s. 286.275, F.S.; requiring the Department of

113

Management Services to develop the Florida Climate

114

Friendly Preferred Products List; requiring state agencies

115

to consult the list and purchase products from the list

116

under certain circumstances; requiring state agencies to

117

contract for meeting and conference space with facilities

118

having the "Green Lodging" designation; authorizing the

119

Department of Environmental Protection to adopt rules;

120

requiring the department to establish voluntary technical

121

assistance programs for various businesses; requiring

122

state agencies to maintain vehicles according to minimum

123

standards and follow certain procedures when procuring new

124

vehicles; requiring state agencies to use ethanol and

125

biodiesel-blended fuels when available; amending s.

126

287.063, F.S.; prohibiting the payment term for equipment

127

from exceeding the useful life of the equipment unless the

128

contract provides for the replacement or the extension of

129

the useful life of the equipment during the term of the

130

deferred payment contract; amending s. 287.064, F.S.;

131

authorizing an extension of the master equipment financing

132

agreement for energy conservation equipment; requiring the

133

guaranteed energy, water, and wastewater performance

134

savings contractor to provide for the replacement or the

135

extension of the useful life of the equipment during the

136

term of the contract; amending s. 287.16, F.S.; requiring

137

the Department of Management Services to conduct an

138

analysis of the Department of Transportation's ethanol and

139

biodiesel use and encourage other state agencies to

140

analyze transportation fuel usage and report such

141

information to the Department of Management Services;

142

amending s. 288.1089, F.S.; defining the term "alternative

143

and renewable energy"; detailing the conditions for an

144

alternative and renewable energy project to be eligible

145

for an innovation incentive award; amending s. 337.401,

146

F.S.; requiring the Department of Environmental Protection

147

to adopt rules relating to the placement of and access to

148

aerial and underground electric transmission lines having

149

certain specifications; defining the term "base-load

150

generating facilities"; amending s. 339.175, F.S.;

151

requiring each metropolitan planning organization to

152

develop a long-range transportation plan that, among other

153

considerations, provides for sustainable growth and

154

reduces greenhouse gas emissions; amending s. 366.82,

155

F.S.; requiring the Public Service Commission to adopt

156

rules requiring utilities to offset 20 percent of their

157

annual load-growth through energy efficiency and

158

conservation measures; requiring the commission to create

159

an in-state market for tradable credits enabling those

160

utilities that exceed the conservation standard to sell

161

credits to those that cannot meet the standard for a given

162

year; requiring that the commission conduct a periodic

163

review; requiring the commission to require municipal and

164

cooperative utilities that are exempt from the Energy

165

Efficiency and Conservation Act to submit an annual report

166

identifying energy efficiency and conservation goals and

167

the actions taken to meet those goals; requiring that the

168

Florida Energy and Climate Commission be a party in the

169

proceedings to adopt goals and file with the Public

170

Service Commission comments on the proposed goals;

171

requiring the Public Service Commission to use certain

172

methodologies in the evaluation of demand-side management

173

programs; amending s. 366.8255, F.S.; redefining the term

174

"environmental compliance costs" to include costs or

175

expenses prudently incurred for scientific research and

176

geological assessments of carbon capture and storage for

177

the purpose of reducing an electric utility's greenhouse

178

gas emissions; amending s. 366.91, F.S.; providing

179

definitions; requiring each public utility, municipal

180

electric utility, and rural electric cooperative to

181

develop a standardized interconnection agreement and net

182

metering program for customer-owned renewable generation;

183

provides for rulemaking and the filing of certain reports;

184

providing definitions; requiring the commission to adopt a

185

renewable portfolio standard by rule; requiring that the

186

rule be ratified by the Legislature; providing that the

187

rule must be submitted for legislative approval by

188

February 1, 2009; specifying criteria for the rule

189

development; allowing for full cost recovery of certain

190

reasonable and prudent costs prior to the ratification of

191

the rule; requiring each municipal electric utility and

192

rural electric cooperative to develop standards for the

193

use of renewable energy resources and energy conservation

194

measures and submit a report to the Public Service

195

Commission which identifies such standards; amending s.

196

366.93, F.S.; revising the definitions of "cost" and

197

"preconstruction"; requiring the Public Service Commission

198

to establish rules relating to cost recovery for the

199

construction of new, expanded, or relocated electrical

200

transmission lines and facilities for alternative energy

201

technologies; transferring the State Energy Program from

202

the Department of Environmental Protection to the Florida

203

Energy and Climate Commission; creating s. 377.6015, F.S.;

204

creating the Florida Energy and Climate Commission;

205

providing for the appointment and qualifications of

206

members; providing for meetings, duties, and authority of

207

the commission; authorizing the commission to adopt rules;

208

amending s. 377.602, F.S.; revising definitions; amending

209

ss. 377.603, 377.604, 377.605, and 377.606, F.S.;

210

conforming provisions to changes made by the act; amending

211

s. 377.701, F.S.; assigning responsibility for petroleum

212

allocation and conservation to the commission rather than

213

the Department of Environmental Protection; amending s.

214

377.703, F.S.; assigning additional duties to the Florida

215

Energy and Climate Commission relating to state energy

216

policy; deleting definitions; conforming cross-references;

217

amending s. 377.705, F.S.; revising legislative intent

218

relating to solar energy standards; amending s. 377.801,

219

F.S.; revising a short title; amending s. 377.802, F.S.;

220

revising the purpose of the Florida Energy and Climate

221

Protection Act; amending s. 377.803, F.S.; revising

222

definitions; amending s. 377.804, F.S.; assigning

223

responsibility for the Renewable Energy and Energy-

224

Efficient Technologies Grant Program to the Florida Energy

225

and Climate Commission rather than the Department of

226

Environmental Protection; requiring the commission to

227

develop policies relating to commercialized products

228

developed under a state grant; requiring grant

229

applications to include an affidavit attesting to the

230

veracity of statements in the application; amending s.

231

377.806, F.S.; providing for administration of the Solar

232

Energy System Incentives Program by the Florida Energy and

233

Climate Commission rather than the Department of

234

Environmental Protection; requiring compliance with the

235

Florida Building Code rather than local codes in order to

236

be eligible for a rebate under the program; creating s.

237

377.808, F.S.; creating the Florida Green Government

238

Grants Act; providing a short title; requiring the Florida

239

Energy and Climate Commission to award grants to assist

240

local governments in the development of programs that

241

achieve green standards; requiring the commission to adopt

242

rules; providing requirements for the rules; limiting the

243

number of grant applications by a local government;

244

limiting the number of active projects that may be

245

conducted by a local government; requiring the commission

246

to perform an overview of each grant; repealing s.

247

377.901, F.S., relating to the Florida Energy Commission

248

within the Department of Environmental Protection;

249

creating s. 377.921, F.S., relating to qualified solar

250

energy systems; providing definitions; allowing a public

251

utility to recover certain costs; amending ss. 380.23 and

252

403.031, F.S.; conforming cross-references; creating s.

253

403.44, F.S.; creating the Florida Climate Protection Act;

254

defining terms; requiring the Department of Environmental

255

Protection to establish the methodologies, reporting

256

periods, and reporting systems that must be used when

257

major emitters report to The Climate Registry; authorizing

258

the department to adopt rules for a cap-and-trade

259

regulatory program to reduce greenhouse gas emissions from

260

major emitters; providing for the content of the rule;

261

amending s. 403.502, F.S.; providing legislative intent;

262

amending s. 403.503, F.S.; defining the term "alternate

263

corridor" and redefining the term "corridor" for purposes

264

of the Florida Electrical Power Plant Siting Act; amending

265

s. 403.504, F.S.; requiring the Department of

266

Environmental Protection to determine whether a proposed

267

alternate corridor is acceptable; amending s. 403.506,

268

F.S.; exempting an electric utility from obtaining

269

certification under the Florida Electrical Power Plant

270

Siting Act before constructing facilities for a power

271

plant using nuclear materials as fuel; providing that a

272

utility may obtain separate licenses, permits, and

273

approvals for such construction under certain

274

circumstances; exempting such provisions from review under

275

ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an

276

applicant to submit a statement to the department if such

277

applicant opts for consideration of alternate corridors;

278

amending s. 403.5065, F.S.; providing for conforming

279

changes; amending s. 403.50663, F.S.; providing for notice

280

of meeting to the general public; amending s. 403.50665,

281

F.S.; requiring an application to include a statement on

282

the consistency of directly associated facilities

283

constituting a "development"; requiring the Department of

284

Environmental Protection to address at the certification

285

hearing the issue of compliance with land use plans and

286

zoning ordinances for a proposed substation located in or

287

along an alternate corridor; amending s. 403.507, F.S.;

288

providing for reports to be submitted to the department no

289

later than 100 days after certification application has

290

been determined complete; amending s. 403.508, F.S.;

291

providing for land use and certification hearings;

292

amending s. 403.509, F.S.; requiring the Governor and

293

Cabinet sitting as the siting board to certify the

294

corridor having the least adverse impact; authorizing the

295

board to deny certification or allow a party to amend its

296

proposal; amending s. 403.511, F.S.; providing for

297

conforming changes; amending s. 403.5112, F.S.; providing

298

for filing of notice; amending s. 403.5113, F.S.;

299

providing for postcertification amendments and

300

postcertification review; amending s. 403.5115, F.S.;

301

requiring the applicant proposing the alternate corridor

302

to publish all notices relating to the application;

303

requiring that such notices comply with certain

304

requirements; requiring that notices be published at least

305

45 days before the rescheduled certification hearing;

306

amending ss. 403.516, 403.517, and 403.5175, F.S.;

307

providing conforming changes and cross-references;

308

amending s. 403.518, F.S.; authorizing the Department of

309

Environmental Protection to charge an application fee for

310

an alternate corridor; amending ss. 403.519, 403.5252,

311

403.526, 403.527, 403.5271, 403.5272, 403.5312, 403.5363,

312

403.5365, and 403.814, F.S., relating to determinations of

313

need and general permits; conforming provisions to changes

314

made by the act; amending s. 403.7031, F.S.; prohibiting a

315

county or municipality from using in practice any

316

definition inconsistent with certain statutes; creating s.

317

403.7055, F.S.; encouraging counties in the state to form

318

regional solutions to the capture and reuse or sale of

319

methane gas from landfills and wastewater treatment

320

facilities; requiring the Department of Environmental

321

Protection to provide guidelines and assistance; amending

322

s. 403.814, F.S., relating to general permits; conforming

323

provisions; amending s. 489.145, F.S.; revising provisions

324

of the Guaranteed Energy Performance Savings Contracting

325

Act; renaming the act as the "Guaranteed Energy, Water,

326

and Wastewater Performance Savings Contracting Act";

327

requiring that each proposed contract or lease contain

328

certain agreements concerning operational cost-saving

329

measures; redefining terms; defining the term "investment

330

grade energy audit"; requiring that certain baseline

331

information, supporting information, and documentation be

332

included in contracts; requiring the office of the Chief

333

Financial Officer to review contract proposals; providing

334

audit requirements; requiring contract approval by the

335

Legislature or Chief Financial Officer; creating s.

336

526.203, F.S.; providing definitions; requiring that on or

337

after a specified date all gasoline sold in the state

338

contain a specified percent of agriculturally derived

339

denatured ethanol; providing for exemptions; creating s.

340

526.204, F.S.; providing for the requirements to be

341

suspended during a declared emergency; providing an

342

exemption if a supplier or other distributor is unable to

343

obtain the required fuel at the same or lower price than

344

the price of unblended gasoline; requiring that

345

documentation be provided to the Department of Revenue;

346

creating s. 526.205, F.S.; providing for enforcement of

347

the requirement for gasoline content; providing penalties;

348

providing for the Department of Revenue to grant an

349

extension of time to comply with the requirement; creating

350

s. 526.206, F.S.; authorizing the Department of Revenue

351

and the Department of Agriculture and Consumer Services to

352

adopt rules; requiring the Florida Energy Commission to

353

conduct a study of the lifecycle greenhouse gas emissions

354

associated with all renewable fuels; requiring a report to

355

the Legislature by a specified date; amending s. 553.77,

356

F.S.; authorizing the Florida Building Commission to

357

implement recommendations relating to energy efficiency in

358

residential and commercial buildings; creating s. 553.886,

359

F.S.; requiring that the Florida Building Code facilitate

360

and promote the use of certain renewable energy

361

technologies in buildings; amending s. 553.901, F.S.;

362

requiring the commission to adopt by rule a definition of

363

the term "cost effective"; creating s. 553.9061, F.S.;

364

requiring the Florida Building Commission to establish a

365

schedule of increases in the energy performance of

366

buildings subject to the Energy Efficiency Code for

367

Building Construction; providing a process for

368

implementing goals to increase energy-efficiency

369

performance in new buildings; providing a schedule for the

370

implementation of such goals; identifying energy-

371

efficiency performance options and elements available to

372

meet energy-efficiency performance requirements; providing

373

a schedule for the review and adoption of renewable

374

energy-efficiency goals by the commission; requiring the

375

commission to conduct a study to evaluate the energy-

376

efficiency rating of new buildings and appliances;

377

requiring the commission to submit a report to the

378

President of the Senate and the Speaker of the House of

379

Representatives on or before a specified date; requiring

380

the commission to conduct a study to evaluate

381

opportunities to restructure the Florida Energy Code for

382

Building Construction, including the integration of the

383

Thermal Efficiency Code, the Energy Conservation Standards

384

Act, and the Florida Building Energy-Efficiency Rating

385

Act; requiring the commission to submit a report to the

386

President of the Senate and the Speaker of the House of

387

Representatives on or before a specified date; directing

388

the Department of Community Affairs, in conjunction with

389

the Florida Energy Affordability Council, to identify and

390

review issues relating to the Low-Income Home Energy

391

Assistance Program and the Weatherization Assistance

392

Program; requiring the submission of a report to the

393

President of the Senate and the Speaker of the House of

394

Representatives on or before a specified date; providing

395

for the expiration of certain study requirements; amending

396

s. 553.957, F.S.; including certain home and commercial

397

appliances in the requirements for testing and

398

certification for meeting certain energy-conservation

399

standards; amending s. 553.975, F.S.; conforming a cross-

400

reference; requiring the Public Service Commission to

401

analyze utility revenue decoupling and provide a report

402

and recommendations to the Governor, the President of the

403

Senate, and the Speaker of the House of Representatives by

404

a specified date; amending s. 718.113, F.S.; authorizing

405

the board of a condominium or a multicondominium to

406

install solar collectors, clotheslines, or other energy-

407

efficient devices on association property; creating s.

408

1004.648, F.S.; establishing the Florida Energy Systems

409

Consortium, consisting of specified state universities;

410

providing membership and duties of the consortium;

411

providing for an oversight board and steering committee;

412

providing reporting requirements for the consortium by a

413

date certain; authorizing the Department of Environmental

414

Protection to require certain agreements to contain a

415

stipulation requiring the return to the state of a portion

416

of the profit resulting from commercialization of an

417

energy-related product or process; requiring the

418

department to conduct a study relating to the state

419

earning a monetary return on energy-related products or

420

processes through the use of negotiated or licensing

421

agreements; requiring the department to submit the study

422

to the Governor and the Legislature; requiring the

423

Department of Environmental Protection, in conjunction

424

with the Department of Agriculture and Consumer Services,

425

to conduct an economic impact analysis on the effect of

426

granting financial incentives to energy producers who use

427

woody biomass; requiring the department to submit the

428

results to the Legislature; providing legislative findings

429

regarding recycling; providing for a long-term goal of

430

reducing the amount of solid waste disposed of in the

431

state by a certain percentage; requiring the Department of

432

Environmental Protection to develop a comprehensive

433

recycling program and submit such program to the

434

Legislature by a specified date; requiring the

435

Legislature's approval before implementing such program;

436

requiring that such program be developed in coordination

437

with other state and local entities, private businesses,

438

and the public; requiring that the program contain certain

439

components; requiring the Department of Environmental

440

Protection to prepare a report relating to the costs and

441

benefits of implementing a cap-and-trade system to trade

442

emission credits; requiring the department to present the

443

report to the Governor, the President of the Senate, and

444

the Speaker of the House of Representatives; describing

445

certain specified issues to be included in the report;

446

providing effective dates.

447

448

Be It Enacted by the Legislature of the State of Florida:

449

450

Section 1. Present subsection (3) of section 74.051,

451

Florida Statutes, is renumbered as subsection (4), and a new

452

subsection (3) is added to that section, to read:

453

74.051 Hearing on order of taking.--

454

(3) If a defendant requests a hearing and the petitioner is

455

an electric utility that is seeking to appropriate property

456

necessary for an electric generation plant, an associated

457

facility of such plant, an electric substation, or a power line,

458

the court shall conduct the hearing no more than 120 days after

459

the petition is filed. The court shall issue its order of taking

460

no more than 30 days after the conclusion of the hearing.

461

Section 2. Subsection (3) of section 110.171, Florida

462

Statutes, is amended, and a new subsection (4) is added to that

463

section, to read:

464

110.171 State employee telecommuting program.--

465

(3) By September 30, 2009 October 1, 1994, each state

466

agency shall identify and maintain a current listing of the job

467

classifications and positions that the agency considers

468

appropriate for telecommuting. Agencies that adopt a state

469

employee telecommuting program must:

470

(a) Give equal consideration to career service and exempt

471

positions in their selection of employees to participate in the

472

telecommuting program.

473

(b) Provide that an employee's participation in a

474

telecommuting program will not adversely affect eligibility for

475

advancement or any other employment rights or benefits.

476

477

telecommuting program is voluntary, and that the employee may

478

elect to cease to participate in a telecommuting program at any

479

time.

480

(d) Adopt provisions to allow for the termination of an

481

employee's participation in the program if the employee's

482

continued participation would not be in the best interests of the

483

agency.

484

(e) Provide that an employee is not currently under a

485

performance improvement plan in order to participate in the

486

program.

487

(f) Ensure that employees participating in the program are

488

subject to the same rules regarding attendance, leave,

489

performance reviews, and separation action as are other

490

employees.

491

(g) Establish the reasonable conditions that the agency

492

plans to impose in order to ensure the appropriate use and

493

maintenance of any equipment or items provided for use at a

494

participating employee's home or other place apart from the

495

employee's usual place of work, including the installation and

496

maintenance of any telephone equipment and ongoing communications

497

costs at the telecommuting site which is to be used for official

498

use only.

499

(h) Prohibit state maintenance of an employee's personal

500

equipment used in telecommuting, including any liability for

501

personal equipment and costs for personal utility expenses

502

associated with telecommuting.

503

(i) Describe the security controls that the agency

504

considers appropriate.

505

(j) Provide that employees are covered by workers'

506

compensation under chapter 440, when performing official duties

507

at an alternate worksite, such as the home.

508

(k) Prohibit employees engaged in a telecommuting program

509

from conducting face-to-face state business at the homesite.

510

(l) Require a written agreement that specifies the terms

511

and conditions of telecommuting, which includes verification by

512

the employee that the home office provides work space that is

513

free of safety and fire hazards, together with an agreement which

514

holds the state harmless against any and all claims, excluding

515

workers' compensation claims, resulting from an employee working

516

in the home office, and which must be signed and agreed to by the

517

telecommuter and the supervisor.

518

(m) Provide measureable financial benefits associated with

519

reduced office space requirements, reductions in energy

520

consumption and reductions in associated emissions of greenhouse

521

gases resulting from telecommuting. State agencies operating in

522

office space owned or managed by the department shall consult the

523

facilities program to ensure its consistency with the strategic

524

leasing plan required under s. 255.249(3)(b).

525

(4) The telecommuting program for each state agency, and

526

pertinent supporting documents, shall be posted on the agency's

527

website to allow access by employees and the public.

528

Section 3. Subsection (2) of section 163.04, Florida

529

Statutes, is amended to read:

530

163.04 Energy devices based on renewable resources.--

531

(2) A deed restriction, covenant, declaration, or similar

532

binding agreement may not No deed restrictions, covenants, or

533

similar binding agreements running with the land shall prohibit

534

or have the effect of prohibiting solar collectors, clotheslines,

535

or other energy devices based on renewable resources from being

536

installed on buildings erected on the lots or parcels covered by

537

the deed restriction, covenant, declaration, or binding agreement

538

restrictions, covenants, or binding agreements. A property owner

539

may not be denied permission to install solar collectors or other

540

energy devices based on renewable resources by any entity granted

541

the power or right in any deed restriction, covenant,

542

declaration, or similar binding agreement to approve, forbid,

543

control, or direct alteration of property with respect to

544

residential dwellings and within the boundaries of a condominium

545

unit. not exceeding three stories in height. For purposes of this

546

subsection, Such entity may determine the specific location where

547

solar collectors may be installed on the roof within an

548

orientation to the south or within 45° east or west of due south

549

if provided that such determination does not impair the effective

550

operation of the solar collectors.

551

Section 4. Paragraphs (a), (b), (d), (f), and (j) of

552

subsection (6) of section 163.3177, Florida Statutes, are amended

553

to read:

554

163.3177 Required and optional elements of comprehensive

555

plan; studies and surveys.--

556

(6) In addition to the requirements of subsections (1)-(5)

557

and (12), the comprehensive plan shall include the following

558

elements:

559

(a) A future land use plan element designating proposed

560

future general distribution, location, and extent of the uses of

561

land for residential uses, commercial uses, industry,

562

agriculture, recreation, conservation, education, public

563

buildings and grounds, other public facilities, and other

564

categories of the public and private uses of land. Counties are

565

encouraged to designate rural land stewardship areas, pursuant to

566

the provisions of paragraph (11)(d), as overlays on the future

567

land use map. Each future land use category must be defined in

568

terms of uses included, and must include standards for to be

569

followed in the control and distribution of population densities

570

and building and structure intensities. The proposed

571

distribution, location, and extent of the various categories of

572

land use shall be shown on a land use map or map series which

573

shall be supplemented by goals, policies, and measurable

574

objectives. The future land use plan shall be based upon surveys,

575

studies, and data regarding the area, including the amount of

576

land required to accommodate anticipated growth; the projected

577

population of the area; the character of undeveloped land; the

578

availability of water supplies, public facilities, and services;

579

the need for redevelopment, including the renewal of blighted

580

areas and the elimination of nonconforming uses which are

581

inconsistent with the character of the community; the

582

compatibility of uses on lands adjacent to or closely proximate

583

to military installations; the discouragement of urban sprawl;

584

energy-efficient land use patterns accounting for existing and

585

future electric power generation and transmission systems;

586

greenhouse gas reduction strategies; and, in rural communities,

587

the need for job creation, capital investment, and economic

588

development that will strengthen and diversify the community's

589

economy. The future land use plan may designate areas for future

590

planned development use involving combinations of types of uses

591

for which special regulations may be necessary to ensure

592

development in accord with the principles and standards of the

593

comprehensive plan and this act. The future land use plan element

594

shall include criteria to be used to achieve the compatibility of

595

adjacent or closely proximate lands with military installations.

596

In addition, for rural communities, the amount of land designated

597

for future planned industrial use shall be based upon surveys and

598

studies that reflect the need for job creation, capital

599

investment, and the necessity to strengthen and diversify the

600

local economies, and may shall not be limited solely by the

601

projected population of the rural community. The future land use

602

plan of a county may also designate areas for possible future

603

municipal incorporation. The land use maps or map series shall

604

generally identify and depict historic district boundaries and

605

shall designate historically significant properties meriting

606

protection. For coastal counties, the future land use element

607

must include, without limitation, regulatory incentives and

608

criteria that encourage the preservation of recreational and

609

commercial working waterfronts as defined in s. 342.07. The

610

future land use element must clearly identify the land use

611

categories in which public schools are an allowable use. When

612

delineating the land use categories in which public schools are

613

an allowable use, a local government shall include in the

614

categories sufficient land proximate to residential development

615

to meet the projected needs for schools in coordination with

616

public school boards and may establish differing criteria for

617

schools of different type or size. Each local government shall

618

include lands contiguous to existing school sites, to the maximum

619

extent possible, within the land use categories in which public

620

schools are an allowable use. The failure by a local government

621

to comply with these school siting requirements will result in

622

the prohibition of the local government's ability to amend the

623

local comprehensive plan, except for plan amendments described in

624

s. 163.3187(1)(b), until the school siting requirements are met.

625

Amendments proposed by a local government for purposes of

626

identifying the land use categories in which public schools are

627

an allowable use are exempt from the limitation on the frequency

628

of plan amendments provided contained in s. 163.3187. The future

629

land use element shall include criteria that encourage the

630

location of schools proximate to urban residential areas to the

631

extent possible and shall require that the local government seek

632

to collocate public facilities, such as parks, libraries, and

633

community centers, with schools to the extent possible and to

634

encourage the use of elementary schools as focal points for

635

neighborhoods. For schools serving predominantly rural counties,

636

defined as a county with a population of 100,000 or fewer, an

637

agricultural land use category is shall be eligible for the

638

location of public school facilities if the local comprehensive

639

plan contains school siting criteria and the location is

640

consistent with such criteria. Local governments required to

641

update or amend their comprehensive plan to include criteria and

642

address compatibility of adjacent or closely proximate lands with

643

existing military installations in their future land use plan

644

element shall transmit the update or amendment to the department

645

by June 30, 2006.

646

(b) A traffic circulation element consisting of the types,

647

locations, and extent of existing and proposed major

648

thoroughfares and transportation routes, including bicycle and

649

pedestrian ways. Transportation corridors, as defined in s.

650

334.03, may be designated in the traffic circulation element

651

pursuant to s. 337.273. If the transportation corridors are

652

designated, the local government may adopt a transportation

653

corridor management ordinance. The traffic circulation element

654

shall incorporate transportation strategies to address reduction

655

in greenhouse gas emissions from the transportation sector.

656

(d) A conservation element for the conservation, use, and

657

protection of natural resources in the area, including air,

658

water, water recharge areas, wetlands, waterwells, estuarine

659

marshes, soils, beaches, shores, flood plains, rivers, bays,

660

lakes, harbors, forests, fisheries and wildlife, marine habitat,

661

minerals, and other natural and environmental resources,

662

including factors that affect energy conservation. Local

663

governments shall assess their current, as well as projected,

664

water needs and sources for at least a 10-year period,

665

considering the appropriate regional water supply plan approved

666

pursuant to s. 373.0361, or, in the absence of an approved

667

regional water supply plan, the district water management plan

668

approved pursuant to s. 373.036(2). This information shall be

669

submitted to the appropriate agencies. The land use map or map

670

series contained in the future land use element shall generally

671

identify and depict the following:

672

1. Existing and planned waterwells and cones of influence

673

where applicable.

674

2. Beaches and shores, including estuarine systems.

675

3. Rivers, bays, lakes, flood plains, and harbors.

676

4. Wetlands.

677

5. Minerals and soils.

678

6. Energy conservation.

679

680

The land uses identified on such maps shall be consistent with

681

applicable state law and rules.

682

(f)1. A housing element consisting of standards, plans, and

683

principles to be followed in:

684

a. The provision of housing for all current and anticipated

685

future residents of the jurisdiction.

686

b. The elimination of substandard dwelling conditions.

687

c. The structural and aesthetic improvement of existing

688

housing.

689

d. The provision of adequate sites for future housing,

690

including affordable workforce housing as defined in s.

691

380.0651(3)(j), housing for low-income, very low-income, and

692

moderate-income families, mobile homes, and group home facilities

693

and foster care facilities, with supporting infrastructure and

694

public facilities.

695

e. Provision for relocation housing and identification of

696

historically significant and other housing for purposes of

697

conservation, rehabilitation, or replacement.

698

f. The formulation of housing implementation programs.

699

g. The creation or preservation of affordable housing to

700

minimize the need for additional local services and avoid the

701

concentration of affordable housing units only in specific areas

702

of the jurisdiction.

703

h. Energy efficiency in the design and construction of new

704

housing By July 1, 2008, each county in which the gap between the

705

buying power of a family of four and the median county home sale

706

price exceeds $170,000, as determined by the Florida Housing

707

Finance Corporation, and which is not designated as an area of

708

critical state concern shall adopt a plan for ensuring affordable

709

workforce housing. At a minimum, the plan shall identify adequate

710

sites for such housing. For purposes of this sub-subparagraph,

711

the term "workforce housing" means housing that is affordable to

712

natural persons or families whose total household income does not

713

exceed 140 percent of the area median income, adjusted for

714

household size.

715

i. Use of renewable energy resources Failure by a local

716

government to comply with the requirement in sub-subparagraph h.

717

will result in the local government being ineligible to receive

718

any state housing assistance grants until the requirement of sub-

719

subparagraph h. is met.

720

721

The goals, objectives, and policies of the housing element must

722

be based on the data and analysis prepared on housing needs,

723

including the affordable housing needs assessment. State and

724

federal housing plans prepared on behalf of the local government

725

must be consistent with the goals, objectives, and policies of

726

the housing element. Local governments are encouraged to use

727

utilize job training, job creation, and economic solutions to

728

address a portion of their affordable housing concerns. By July

729

1, 2008, each county in which the gap between the buying power of

730

a family of four and the median county home sale price exceeds

731

$170,000, as determined by the Florida Housing Finance

732

Corporation, and which is not designated as an area of critical

733

state concern, shall adopt a plan for ensuring affordable

734

workforce housing. At a minimum, the plan shall identify adequate

735

sites for such housing. For purposes of this subparagraph, the

736

term "workforce housing" means housing that is affordable to

737

natural persons or families whose total household income does not

738

exceed 140 percent of the area median income, adjusted for

739

household size. Failure by a local government to comply with this

740

requirement to adopt a plan for ensuring affordable workforce

741

housing will result in the local government being ineligible to

742

receive any state housing assistance grants until this

743

requirement is met.

744

2. To assist local governments in housing data collection

745

and analysis and assure uniform and consistent information

746

regarding the state's housing needs, the state land planning

747

agency shall conduct an affordable housing needs assessment for

748

all local jurisdictions on a schedule that coordinates the

749

implementation of the needs assessment with the evaluation and

750

appraisal reports required by s. 163.3191. Each local government

751

shall utilize the data and analysis from the needs assessment as

752

one basis for the housing element of its local comprehensive

753

plan. The agency shall allow a local government the option to

754

perform its own needs assessment, if it uses the methodology

755

established by the agency by rule.

756

(j) For each unit of local government within an urbanized

757

area designated for purposes of s. 339.175, a transportation

758

element, which shall be prepared and adopted in lieu of the

759

requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

760

and (d) and which shall address the following issues:

761

1. Traffic circulation, including major thoroughfares and

762

other routes, including bicycle and pedestrian ways.

763

2. All alternative modes of travel, such as public

764

transportation, pedestrian, and bicycle travel.

765

3. Parking facilities.

766

4. Aviation, rail, seaport facilities, access to those

767

facilities, and intermodal terminals.

768

5. The availability of facilities and services to serve

769

existing land uses and the compatibility between future land use

770

and transportation elements.

771

6. The capability to evacuate the coastal population before

772

prior to an impending natural disaster.

773

7. Airports, projected airport and aviation development,

774

and land use compatibility around airports.

775

8. An identification of land use densities, building

776

intensities, and transportation management programs to promote

777

public transportation systems in designated public transportation

778

corridors so as to encourage population densities sufficient to

779

support such systems.

780

9. May include transportation corridors, as defined in s.

781

334.03, intended for future transportation facilities designated

782

pursuant to s. 337.273. If transportation corridors are

783

designated, the local government may adopt a transportation

784

corridor management ordinance.

785

10. The incorporation of transportation strategies to

786

address reduction in greenhouse gas emissions from the

787

transportation sector.

788

Section 5. Subsection (3) of section 186.007, Florida

789

Statutes, is amended to read:

790

186.007 State comprehensive plan; preparation; revision.--

791

(3) In the state comprehensive plan, the Executive Office

792

of the Governor may include goals, objectives, and policies

793

related to the following program areas: economic opportunities;

794

agriculture; employment; public safety; education; energy; global

795

climate change; health concerns; social welfare concerns; housing

796

and community development; natural resources and environmental

797

management; recreational and cultural opportunities; historic

798

preservation; transportation; and governmental direction and

799

support services.

800

Section 6. Subsections (10), (11), and (15) of section

801

187.201, Florida Statutes, are amended to read:

802

187.201 State Comprehensive Plan adopted.--The Legislature

803

hereby adopts as the State Comprehensive Plan the following

804

specific goals and policies:

805

(10) AIR QUALITY.--

806

(a) Goal.--Florida shall comply with all national air

807

quality standards by 1987, and by 1992 meet standards which are

808

more stringent than 1985 state standards.

809

(b) Policies.--

810

1. Improve air quality and maintain the improved level to

811

safeguard human health and prevent damage to the natural

812

environment.

813

2. Ensure that developments and transportation systems are

814

consistent with the maintenance of optimum air quality.

815

3. Reduce sulfur dioxide and nitrogen oxide emissions and

816

mitigate their effects on the natural and human environment.

817

4. Encourage the use of alternative energy resources that

818

do not degrade air quality.

819

5. Ensure, at a minimum, that power plant fuel conversion

820

does not result in higher levels of air pollution.

821

6. Encourage the development of low-carbon-emitting

822

electric power plants.

823

(11) ENERGY.--

824

(a) Goal.--Florida shall reduce its energy requirements

825

through enhanced conservation and efficiency measures in all end-

826

use sectors, and shall reduce atmospheric carbon dioxide by while

827

at the same time promoting an increased use of renewable energy

828

resources and low-carbon-emitting electric power plants.

829

(b) Policies.--

830

1. Continue to reduce per capita energy consumption.

831

2. Encourage and provide incentives for consumer and

832

producer energy conservation and establish acceptable energy

833

performance standards for buildings and energy consuming items.

834

3. Improve the efficiency of traffic flow on existing

835

roads.

836

4. Ensure energy efficiency in transportation design and

837

planning and increase the availability of more efficient modes of

838

transportation.

839

5. Reduce the need for new power plants by encouraging end-

840

use efficiency, reducing peak demand, and using cost-effective

841

alternatives.

842

6. Increase the efficient use of energy in design and

843

operation of buildings, public utility systems, and other

844

infrastructure and related equipment.

845

7. Promote the development and application of solar energy

846

technologies and passive solar design techniques.

847

8. Provide information on energy conservation through

848

active media campaigns.

849

9. Promote the use and development of renewable energy

850

resources and low-carbon-emitting electric power plants.

851

10. Develop and maintain energy preparedness plans that

852

will be both practical and effective under circumstances of

853

disrupted energy supplies or unexpected price surges.

854

(15) LAND USE.--

855

(a) Goal.--In recognition of the importance of preserving

856

the natural resources and enhancing the quality of life of the

857

state, development shall be directed to those areas which have in

858

place, or have agreements to provide, the land and water

859

resources, fiscal abilities, and service capacity to accommodate

860

growth in an environmentally acceptable manner.

861

(b) Policies.--

862

1. Promote state programs, investments, and development and

863

redevelopment activities which encourage efficient development

864

and occur in areas which will have the capacity to service new

865

population and commerce.

866

2. Develop a system of incentives and disincentives which

867

encourages a separation of urban and rural land uses while

868

protecting water supplies, resource development, and fish and

869

wildlife habitats.

870

3. Enhance the livability and character of urban areas

871

through the encouragement of an attractive and functional mix of

872

living, working, shopping, and recreational activities.

873

4. Develop a system of intergovernmental negotiation for

874

siting locally unpopular public and private land uses which

875

considers the area of population served, the impact on land

876

development patterns or important natural resources, and the

877

cost-effectiveness of service delivery.

878

5. Encourage and assist local governments in establishing

879

comprehensive impact-review procedures to evaluate the effects of

880

significant development activities in their jurisdictions.

881

6. Consider, in land use planning and regulation, the

882

impact of land use on water quality and quantity; the

883

availability of land, water, and other natural resources to meet

884

demands; and the potential for flooding.

885

7. Provide educational programs and research to meet state,

886

regional, and local planning and growth-management needs.

887

8. Provide for the siting of low-carbon-emitting electric

888

power plants, including nuclear power plants, to meet the

889

state's determined need for electric power generation.

890

Section 7. Subsection (14) of section 196.012, Florida

891

Statutes, is amended to read:

892

196.012 Definitions.--For the purpose of this chapter, the

893

following terms are defined as follows, except where the context

894

clearly indicates otherwise:

895

(14) "Renewable energy source device" or "device" means any

896

of the following equipment which, when installed in connection

897

with a dwelling unit or other structure, collects, transmits,

898

stores, or uses solar energy, wind energy, or energy derived from

899

geothermal deposits:

900

(a) Solar energy collectors.

901

(b) Storage tanks and other storage systems, excluding

902

swimming pools used as storage tanks.

903

904

(d) Thermostats and other control devices.

905

(e) Heat exchange devices.

906

(f) Pumps and fans.

907

(g) Roof ponds.

908

(h) Freestanding thermal containers.

909

(i) Pipes, ducts, refrigerant handling systems, and other

910

equipment used to interconnect such systems; however,

911

conventional backup systems of any type are not included in this

912

definition.

913

(j) Windmills.

914

(k) Wind-driven generators.

915

(l) Power conditioning and storage devices that use wind

916

energy to generate electricity or mechanical forms of energy.

917

(m) Pipes and other equipment used to transmit hot

918

geothermal water to a dwelling or structure from a geothermal

919

deposit.

920

921

"Renewable energy source device" or "device" also means any heat

922

pump with an energy efficiency ratio (EER) or a seasonal energy

923

efficiency ratio (SEER) exceeding 8.5 and a coefficient of

924

performance (COP), exceeding 2.8; waste heat recovery system; or

925

water heating system the primary heat source of which is a

926

dedicated heat pump or the otherwise unused capacity of a heat

927

pump heating, ventilating, and air-conditioning system, provided

928

such device is installed in a structure substantially complete

929

before January 1, 1985, and whether or not solar energy, wind

930

energy, or energy derived from geothermal deposits is collected,

931

transmitted, stored, or used by such device.

932

Section 8. Section 196.175, Florida Statutes, is amended to

933

read:

934

196.175 Renewable energy source exemption.--

935

(1) Improved real property upon which a renewable energy

936

source device is installed and operated shall be entitled to an

937

exemption not greater than the lesser of:

938

(a) The assessed value of such real property less any other

939

exemptions applicable under this chapter;

940

(b) The original cost of the device, including the

941

installation cost thereof, but excluding the cost of replacing

942

previously existing property removed or improved in the course of

943

such installation; or

944

945

immediately following installation.

946

(2) The exempt amount authorized under subsection (1) shall

947

apply in full if the device was installed and operative

948

throughout the 12-month period preceding January 1 of the year of

949

application for this exemption. If the device was operative for a

950

portion of that period, the exempt amount authorized under this

951

section shall be reduced proportionally.

952

(3) It shall be the responsibility of the applicant for an

953

exemption pursuant to this section to demonstrate affirmatively

954

to the satisfaction of the property appraiser that he or she

955

meets the requirements for exemption under this section and that

956

the original cost pursuant to paragraph (1)(b) and the period for

957

which the device was operative, as indicated on the exemption

958

application, are correct.

959

(4) No exemption authorized pursuant to this section shall

960

be granted for a period of more than 10 years. No exemption shall

961

be granted with respect to renewable energy source devices

962

installed before January 1, 2009 January 1, 1980, or after

963

December 31, 1990.

964

Section 9. Subsection (2) of section 206.43, Florida

965

Statutes, is amended to read:

966

206.43 Terminal supplier, importer, exporter, blender, and

967

wholesaler to report to department monthly; deduction.--The taxes

968

levied and assessed as provided in this part shall be paid to the

969

department monthly in the following manner:

970

(2)(a) Such report may show in detail the number of gallons

971

so sold and delivered by the terminal supplier, importer,

972

exporter, blender, or wholesaler in the state, and the

973

destination as to the county in the state to which the motor fuel

974

was delivered for resale at retail or use shall be specified in

975

the report. The total taxable gallons sold shall agree with the

976

total gallons reported to the county destinations for resale at

977

retail or use. All gallons of motor fuel sold shall be invoiced

978

and shall name the county of destination for resale at retail or

979

use.

980

(b) Each terminal supplier, importer, exporter, blender,

981

and wholesaler shall also include in the report to the department

982

the number of gallons of gasoline fuel meeting and not meeting

983

the requirements of s. 526.203.

984

Section 10. Paragraph (ccc) of subsection (7) of section

985

212.08, Florida Statutes, is amended to read:

986

212.08 Sales, rental, use, consumption, distribution, and

987

storage tax; specified exemptions.--The sale at retail, the

988

rental, the use, the consumption, the distribution, and the

989

storage to be used or consumed in this state of the following are

990

hereby specifically exempt from the tax imposed by this chapter.

991

(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any

992

entity by this chapter do not inure to any transaction that is

993

otherwise taxable under this chapter when payment is made by a

994

representative or employee of the entity by any means, including,

995

but not limited to, cash, check, or credit card, even when that

996

representative or employee is subsequently reimbursed by the

997

entity. In addition, exemptions provided to any entity by this

998

subsection do not inure to any transaction that is otherwise

999

taxable under this chapter unless the entity has obtained a sales

1000

tax exemption certificate from the department or the entity

1001

obtains or provides other documentation as required by the

1002

department. Eligible purchases or leases made with such a

1003

certificate must be in strict compliance with this subsection and

1004

departmental rules, and any person who makes an exempt purchase

1005

with a certificate that is not in strict compliance with this

1006

subsection and the rules is liable for and shall pay the tax. The

1007

department may adopt rules to administer this subsection.

1008

(ccc) Equipment, machinery, and other materials for

1009

renewable energy technologies.--

1010

1. As used in this paragraph, the term:

1011

a. "Biodiesel" means the mono-alkyl esters of long-chain

1012

fatty acids derived from plant or animal matter for use as a

1013

source of energy and meeting the specifications for biodiesel and

1014

biodiesel blends with petroleum products as adopted by the

1015

Department of Agriculture and Consumer Services. Biodiesel may

1016

refer to biodiesel blends designated BXX, where XX represents the

1017

volume percentage of biodiesel fuel in the blend.

1018

b. "Ethanol" means an nominally anhydrous denatured alcohol

1019

produced by the conversion of carbohydrates fermentation of plant

1020

sugars meeting the specifications for fuel ethanol and fuel

1021

ethanol blends with petroleum products as adopted by the

1022

Department of Agriculture and Consumer Services. Ethanol may

1023

refer to fuel ethanol blends designated EXX, where XX represents

1024

the volume percentage of fuel ethanol in the blend.

1025

c. "Hydrogen fuel cells" means equipment using hydrogen or

1026

a hydrogen-rich fuel in an electrochemical process to generate

1027

energy, electricity, or the transfer of heat.

1028

d. "Wind energy" or "wind turbines" means rotary mechanical

1029

equipment that uses wind to produce at least 10kW of electrical

1030

energy.

1031

2. The sale or use of the following in the state is exempt

1032

from the tax imposed by this chapter:

1033

a. Hydrogen-powered vehicles, materials incorporated into

1034

hydrogen-powered vehicles, and hydrogen-fueling stations, up to a

1035

limit of $2 million in tax each state fiscal year for all

1036

taxpayers.

1037

b. Commercial stationary hydrogen fuel cells, up to a limit

1038

of $1 million in tax each state fiscal year for all taxpayers.

1039

c. Materials used in the distribution of biodiesel (B10-

1040

B100) and ethanol (E10-E100), including fueling infrastructure,

1041

transportation, and storage, up to a limit of $1 million in tax

1042

each state fiscal year for all taxpayers. Gasoline fueling

1043

station pump retrofits for ethanol (E10-E100) distribution

1044

qualify for the exemption provided in this sub-subparagraph.

1045

3. The Florida Energy and Climate Commission Department of

1046

Environmental Protection shall provide to the department a list

1047

of items eligible for the exemption provided in this paragraph.

1048

4.a. The exemption provided in this paragraph shall be

1049

available to a purchaser only through a refund of previously paid

1050

taxes. Only the initial purchase of an eligible item from the

1051

manufacturer is subject to refund. A purchaser who has received a

1052

refund on an eligible item must notify any subsequent purchaser

1053

of the item that the item is no longer eligible for a refund of

1054

tax paid. This notification must be provided to the subsequent

1055

purchaser on the sales invoice or other proof of purchase.

1056

b. To be eligible to receive the exemption provided in this

1057

paragraph, a purchaser shall file an application with the

1058

commission Department of Environmental Protection. The

1059

application shall be developed by the commission Department of

1060

Environmental Protection, in consultation with the department,

1061

and shall require:

1062

(I) The name and address of the person claiming the refund.

1063

(II) A specific description of the purchase for which a

1064

refund is sought, including, when applicable, a serial number or

1065

other permanent identification number.

1066

(III) The sales invoice or other proof of purchase showing

1067

the amount of sales tax paid, the date of purchase, and the name

1068

and address of the sales tax dealer from whom the property was

1069

purchased.

1070

(IV) A sworn statement that the information provided is

1071

accurate and that the requirements of this paragraph have been

1072

met.

1073

c. Within 30 days after receipt of an application, the

1074

commission Department of Environmental Protection shall review

1075

the application and shall notify the applicant of any

1076

deficiencies. Upon receipt of a completed application, the

1077

commission Department of Environmental Protection shall evaluate

1078

the application for exemption and issue a written certification

1079

that the applicant is eligible for a refund or issue a written

1080

denial of such certification within 60 days after receipt of the

1081

application. The commission Department of Environmental

1082

Protection shall provide the department with a copy of each

1083

certification issued upon approval of an application.

1084

d. Each certified applicant shall be responsible for

1085

forwarding a certified copy of the application and copies of all

1086

required documentation to the department within 6 months after

1087

certification by the commission Department of Environmental

1088

Protection.

1089

e. The provisions of s. 212.095 do not apply to any refund

1090

application made pursuant to this paragraph. A refund approved

1091

pursuant to this paragraph shall be made within 30 days after

1092

formal approval by the department.

1093

f. The commission may adopt the form for the application

1094

for a certificate, requirements for the content and format of

1095

information submitted to the commission in support of the

1096

application, other procedural requirements, and criteria by which

1097

the application will be determined by rule. The department may

1098

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

1099

administer this paragraph, including rules establishing

1100

additional forms and procedures for claiming this exemption.

1101

g. The commission Department of Environmental Protection

1102

shall be responsible for ensuring that the total amounts of the

1103

exemptions authorized do not exceed the limits as specified in

1104

subparagraph 2.

1105

5. The commission Department of Environmental Protection

1106

shall determine and publish on a regular basis the amount of

1107

sales tax funds remaining in each fiscal year.

1108

6. This paragraph expires July 1, 2010.

1109

Section 11. Subsection (1) of section 220.192, Florida

1110

Statutes, is amended, present subsection (6) of that section is

1111

renumbered as subsection (7) and amended, present subsection (7)

1112

of that section is renumbered as subsection (8), and a new

1113

subsection (6) is added to that section, to read:

1114

220.192 Renewable energy technologies investment tax

1115

credit.--

1116

(1) DEFINITIONS.--For purposes of this section, the term:

1117

(a) "Biodiesel" means biodiesel as defined in s.

1118

212.08(7)(ccc).

1119

(b) "Corporation" includes a general partnership, limited

1120

partnership, limited liability company, unincorporated business,

1121

or other business entity, including entities taxed as

1122

partnerships for federal income tax purposes.

1123

(c)(b) "Eligible costs" means:

1124

1. Seventy-five percent of all capital costs, operation and

1125

maintenance costs, and research and development costs incurred

1126

between July 1, 2006, and June 30, 2010, up to a limit of $3

1127

million per state fiscal year for all taxpayers, in connection

1128

with an investment in hydrogen-powered vehicles and hydrogen

1129

vehicle fueling stations in the state, including, but not limited

1130

to, the costs of constructing, installing, and equipping such

1131

technologies in the state.

1132

2. Seventy-five percent of all capital costs, operation and

1133

maintenance costs, and research and development costs incurred

1134

between July 1, 2006, and June 30, 2010, up to a limit of $1.5

1135

million per state fiscal year for all taxpayers, and limited to a

1136

maximum of $12,000 per fuel cell, in connection with an

1137

investment in commercial stationary hydrogen fuel cells in the

1138

state, including, but not limited to, the costs of constructing,

1139

installing, and equipping such technologies in the state.

1140

3. Seventy-five percent of all capital costs, operation and

1141

maintenance costs, and research and development costs incurred

1142

between July 1, 2006, and June 30, 2010, up to a limit of $6.5

1143

million per state fiscal year for all taxpayers, in connection

1144

with an investment in the production, storage, and distribution

1145

of biodiesel (B10-B100) and ethanol (E10-E100) in the state,

1146

including the costs of constructing, installing, and equipping

1147

such technologies in the state. Gasoline fueling station pump

1148

retrofits for ethanol (E10-E100) distribution qualify as an

1149

eligible cost under this subparagraph.

1150

(d)(c) "Ethanol" means ethanol as defined in s.

1151

212.08(7)(ccc).

1152

(e)(d) "Hydrogen fuel cell" means hydrogen fuel cell as

1153

defined in s. 212.08(7)(ccc).

1154

(f) "Wind energy" or "wind turbines" has the same meaning

1155

as in s. 212.08(7)(ccc).

1156

(g) "Taxpayer" includes corporations as defined in ss.

1157

220.03 or 220.192.

1158

(6) TRANSFERABILITY OF CREDIT.--

1159

(a) For tax years beginning on or after January 1, 2009,

1160

any corporation or subsequent transferee allowed a tax credit

1161

under this section may transfer the credit, in whole or in part,

1162

to any taxpayer by written agreement without transferring any

1163

ownership interest in the property generating the credit or any

1164

interest in the entity owning such property. The transferee is

1165

entitled to apply the credits against the tax with the same

1166

effect as if the transferee had incurred the eligible costs.

1167

(b) To perfect the transfer, the transferor shall provide

1168

the department with a written transfer statement notifying the

1169

department of the transferor's intent to transfer the tax credits

1170

to the transferee; the date the transfer is effective; the

1171

transferee's name, address, and federal taxpayer identification

1172

number; the tax period; and the amount of tax credits to be

1173

transferred. The department shall, upon receipt of a transfer

1174

statement conforming to the requirements of this paragraph,

1175

provide the transferee with a certificate reflecting the tax

1176

credit amounts transferred. A copy of the certificate must be

1177

attached to each tax return for which the transferee seeks to

1178

apply such tax credits.

1179

1180

held by a corporation and not transferred under this subsection

1181

shall be passed through to the taxpayers designated as partners,

1182

members, or owners, respectively, in the manner agreed to by such

1183

persons whether or not such partners, members, or owners are

1184

allocated or allowed any portion of the federal energy tax credit

1185

for the eligible costs. A corporation that passes through the

1186

credit to a partner, member, or owner must comply with the

1187

notification requirements described in s. 220.192(6)(b). The

1188

partner, member, or owner must attach a copy of the certification

1189

to each tax return on which the partner, member, or owner claims

1190

any portion of the credit.

1191

(7)(6) RULES.--The Department of Revenue shall have the

1192

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

1193

administer this section, including rules relating to:

1194

(a) The forms required to claim a tax credit under this

1195

section, the requirements and basis for establishing an

1196

entitlement to a credit, and the examination and audit procedures

1197

required to administer this section.

1198

(b) The implementation and administration of the provisions

1199

allowing a transfer of a tax credit, including rules prescribing

1200

forms, reporting requirements, and specific procedures,

1201

guidelines, and requirements necessary to transfer a tax credit.

1202

Section 12. Paragraphs (f) and (g) are added to subsection

1203

(2), and paragraphs (j) and (k) are added to subsection (3) of

1204

section 220.193, Florida Statutes, to read:

1205

220.193 Florida renewable energy production credit.--

1206

(2) As used in this section, the term:

1207

(f) "Sale" or "sold" includes the use of electricity by the

1208

producer of such electricity which decreases the amount of

1209

electricity that the producer would otherwise have to purchase.

1210

(g) "Taxpayer" includes a general partnership, limited

1211

partnership, limited liability company, trust, or other

1212

artificial entity in which a corporation, as defined in s.

1213

220.03(1)(e), owns an interest and is taxed as a partnership or

1214

is disregarded as a separate entity from the corporation under

1215

chapter 220.

1216

(3) An annual credit against the tax imposed by this

1217

section shall be allowed to a taxpayer, based on the taxpayer's

1218

production and sale of electricity from a new or expanded Florida

1219

renewable energy facility. For a new facility, the credit shall

1220

be based on the taxpayer's sale of the facility's entire

1221

electrical production. For an expanded facility, the credit shall

1222

be based on the increases in the facility's electrical production

1223

that are achieved after May 1, 2006.

1224

(j) When an entity treated as a partnership or a

1225

disregarded entity under this chapter produces and sells

1226

electricity from a new or expanded renewable energy facility, the

1227

credit earned by such entity shall pass through in the same

1228

manner as items of income and expense pass through for federal

1229

income tax purposes. When an entity applies for the credit and

1230

the entity has received the credit by a pass through, the

1231

application must identify the taxpayer that passed through the

1232

credit, all taxpayers that received the credit, the percentage of

1233

the credit, that passes through to each recipient, and provide

1234

other information that the department requires.

1235

(k) A taxpayer's use of the credit granted pursuant to this

1236

section does not reduce the amount of any credit available to

1237

such taxpayer under s. 220.186.

1238

Section 13. It is the intent of the Legislature that the

1239

amendments to s. 220.193, Florida Statutes; are remedial in

1240

nature and apply retroactively to the effective date of the law

1241

establishing the credit.

1242

Section 14. Subsection (2) of section 253.02, Florida

1243

Statutes, is amended to read:

1244

253.02 Board of trustees; powers and duties.--

1245

(2)(a) The board of trustees shall not sell, transfer, or

1246

otherwise dispose of any lands the title to which is vested in

1247

the board of trustees except by vote of at least three of the

1248

four trustees.

1249

(b) The authority of the board of trustees to grant

1250

easements for rights-of-way over, across, and upon uplands the

1251

title of which is vested in the board of trustees for the

1252

construction and operation of electric transmission and

1253

distribution facilities and related appurtenances is hereby

1254

confirmed. The board of trustees may delegate to the Secretary

1255

of Environmental Protection the authority to grant such easements

1256

on its behalf. All easements for rights-of-way over, across, and

1257

upon uplands the title of which is vested in the board of

1258

trustees for the construction and operation of electrical

1259

transmission and distribution facilities and related

1260

appurtenances shall meet the following criteria:

1261

1. Such easements shall not prevent the use of the state-

1262

owned uplands adjacent to the easement area for the purposes for

1263

which such lands were acquired, and shall not unreasonably

1264

diminish the ecological, conservation or recreational values of

1265

the state-owned uplands adjacent to the easement area.

1266

2. There is no practical or prudent alternative to locating

1267

the linear facility and related appurtenances on state-owned

1268

upland. For purposes of this provision, the test of practicality

1269

and prudence shall compare the social, economic and environmental

1270

effects of the alternatives.

1271

3. Appropriate steps are taken to minimize the impacts to

1272

state-owned uplands. Such steps may include:

1273

a. Siting of facilities so as to reduce impacts and

1274

minimize fragmentation of the overall state-owned parcel;

1275

b. Avoiding significant wildlife habitat, wetlands, or

1276

other valuable natural resources to the maximum extent

1277

practicable; or

1278

c. Avoiding interference with active land management

1279

practices, such as prescribed burning.

1280

4. Except for easements granted as a part of a land

1281

exchange initiated by a governmental entity to accomplish a

1282

recreational or conservation benefit, or other public purpose, in

1283

exchange for such easements, the grantee shall pay an amount

1284

equal to the market value of the interest acquired. In addition,

1285

for the initial grant of such easements only, the grantee shall

1286

provide additional compensation by vesting in the board of

1287

trustees fee simple title to other available uplands that are 1.5

1288

times the size of the easement acquired by the grantee. The

1289

grantor shall approve the property to be acquired on its behalf

1290

based on the geographic location in relation to the land proposed

1291

to be under easement and a determination that economic,

1292

ecological and recreational value is at least equivalent to the

1293

value of the lands under proposed easement. Priority for

1294

replacement uplands shall be given to parcels identified as in-

1295

holdings and additions to public lands and lands on a Florida

1296

Forever land acquisition list. However, if suitable replacement

1297

uplands cannot be identified, the grantee shall provide

1298

additional compensation for the initial grant of such easements

1299

only by paying to the department an amount equal to 2 times the

1300

current market value of the state-owned land or the highest and

1301

best use value at the time of purchase, whichever is greater.

1302

When determining the use of such funds, priority shall be given

1303

to parcels identified as in-holdings and additions to public

1304

lands and lands on a Florida Forever land acquisition list.

1305

Section 15. Subsection (14) is added to section 253.034,

1306

Florida Statutes, to read:

1307

253.034 State-owned lands; uses.--

1308

(14)(a) If a public utility, regional transmission

1309

organization, or natural gas company presents competent and

1310

substantial evidence that its use of nonsovereignty state-owned

1311

lands is reasonable based upon a consideration of economic and

1312

environmental factors, including an assessment of practicable

1313

alternative alignments and assurance that the lands will remain

1314

in their predominantly natural condition, the public utility,

1315

regional transmission organization, or natural gas company may be

1316

granted fee simple title, easements, or other interests in

1317

nonsovereignty state-owned lands title to which is vested in the

1318

board of trustees, a water management district, or any other

1319

agency in the state for:

1320

1. Electric transmission and distribution lines;

1321

2. Natural gas pipelines; or

1322

3. Other linear facilities for which the Public Service

1323

Commission has determined a need exists or the Federal Energy

1324

Regulatory Commission has issued a Certificate of Public

1325

Convenience and Necessity.

1326

(b) In exchange for less than a fee simple interest

1327

acquired pursuant to this subsection, the grantee shall pay an

1328

amount equal to the fair market value of the interest acquired.

1329

In addition, for the initial grant of such interests only, the

1330

grantee shall also vest in the grantor a fee simple interest to

1331

other available land that is 1.5 times the size of the land

1332

acquired by the grantee. The grantor shall approve the property

1333

to be acquired on its behalf based on the geographic location in

1334

relation to the land relinquished by the grantor agency and a

1335

determination that the economic, ecological, and recreational

1336

value is at least equivalent to that of the property transferred

1337

to the public utility, regional transmission organization, or

1338

natural gas company.

1339

1340

to this subsection, the grantee shall pay an amount equal to the

1341

fair market value of the interest acquired. In addition, for the

1342

initial grant of such interests only, the grantee shall also vest

1343

in the grantor a fee simple title to other available land that is

1344

two times the size of the land acquired by the grantee. The

1345

grantor shall approve the land to be acquired on its behalf based

1346

on the geographic location in relation to the land relinquished

1347

by the grantor agency and a determination that the economic and

1348

ecological or recreational value is at least equivalent to that

1349

of the property transferred to the public utility, regional

1350

transmission organization, or natural gas company.

1351

(d) As an alternative to the consideration provided for in

1352

paragraphs (b) and (c), the grantee may, subject to the grantor's

1353

approval, pay the fair market value of the state-owned land plus

1354

one-half of the cost differential between the cost of

1355

constructing the facility on state-owned land and the cost of

1356

avoiding state-owned lands, up to a maximum of twice the fair

1357

market value of the land acquired by the grantee. The grantor may

1358

use these moneys to acquire fee simple or less than fee simple

1359

interest in other available land.

1360

Section 16. Paragraph (d) of subsection (3) of section

1361

255.249, Florida Statutes, is amended to read:

1362

255.249 Department of Management Services; responsibility;

1363

department rules.--

1364

(3)

1365

(d) By June 30 of each year, each state agency shall

1366

annually provide to the department all information regarding

1367

agency programs affecting the need for or use of space by that

1368

agency, reviews of lease-expiration schedules for each geographic

1369

area, active and planned full-time equivalent data, business case

1370

analyses related to consolidation plans by an agency,

1371

telecommuting plans, and current occupancy and relocation costs,

1372

inclusive of furnishings, fixtures and equipment, data, and

1373

communications.

1374

Section 17. Section 255.251, Florida Statutes, is amended

1375

to read:

1376

255.251 Energy Conservation and Sustainable in Buildings

1377

Act; short title.--Sections 255.251-255.258 may This act shall be

1378

cited as the "Florida Energy Conservation and Sustainable in

1379

Buildings Act of 1974."

1380

Section 18. Section 255.252, Florida Statutes, is amended

1381

to read:

1382

255.252 Findings and intent.--

1383

(1) Operating and maintenance expenditures associated with

1384

energy equipment and with energy consumed in state-financed and

1385

leased buildings represent a significant cost over the life of a

1386

building. Energy conserved by appropriate building design not

1387

only reduces the demand for energy but also reduces costs for

1388

building operation. For example, commercial buildings are

1389

estimated to use from 20 to 80 percent more energy than would be

1390

required if energy-conserving designs were used. The size,

1391

design, orientation, and operability of windows, the ratio of

1392

ventilating air to air heated or cooled, the level of lighting

1393

consonant with space-use requirements, the handling of occupancy

1394

loads, and the ability to zone off areas not requiring equivalent

1395

levels of heating or cooling are but a few of the considerations

1396

necessary to conserving energy.

1397

(2) Significant efforts are needed to build energy-

1398

efficient state-owned buildings that meet environmental standards

1399

and underway by the General Services Administration, the National

1400

Institute of Standards and Technology, and others to detail the

1401

considerations and practices for energy conservation in

1402

buildings. Most important is that energy-efficient designs

1403

provide energy savings over the life of the building structure.

1404

Conversely, energy-inefficient designs cause excess and wasteful

1405

energy use and high costs over that life. With buildings lasting

1406

many decades and with energy costs escalating rapidly, it is

1407

essential that the costs of operation and maintenance for energy-

1408

using equipment and sustainable materials be included in all

1409

design proposals for state-owned state buildings.

1410

(3) In order that such energy-efficiency and sustainable

1411

material considerations become a function of building design, and

1412

also a model for future application in the private sector, it

1413

shall be the policy of the state that buildings constructed and

1414

financed by the state be designed and constructed to meet the

1415

United States Green Building Council (USGBC) Leadership in Energy

1416

and Environmental Design (LEED) rating system, the Green Building

1417

Initiative's Green Globes rating system, or the Florida Green

1418

Building Coalition standards, or a nationally recognized high-

1419

performance green building rating system as approved by the

1420

department in a manner which will minimize the consumption of

1421

energy used in the operation and maintenance of such buildings.

1422

It is further the policy of the state, when economically

1423

feasible, to retrofit existing state-owned buildings in a manner

1424

that which will minimize the consumption of energy used in the

1425

operation and maintenance of such buildings.

1426

(4) In addition to designing and constructing new buildings

1427

to be energy-efficient, it shall be the policy of the state to

1428

operate and, maintain, and renovate existing state facilities, or

1429

provide for their renovation, in a manner that which will

1430

minimize energy consumption and maximize building sustainability

1431

as well as ensure that facilities leased by the state are

1432

operated so as to minimize energy use. It is further the policy

1433

of this state that the renovation of existing state facilities be

1434

in accordance with the United States Green Building Council's

1435

Leadership in Energy and Environmental Design (LEED) rating

1436

system, the Green Building Initiative's Green Globes rating

1437

system, the Florida Green Building Coalition standards, or a

1438

nationally recognized high-performance green building rating

1439

system as approved by the department. State agencies are

1440

encouraged to consider shared savings financing of such energy

1441

efficiency and conservation projects, using contracts which split

1442

the resulting savings for a specified period of time between the

1443

state agency and the private firm or cogeneration contracts that

1444

which otherwise permit the state to lower its net energy costs.

1445

Such energy contracts may be funded from the operating budget.

1446

(5) Each state agency occupying space within buildings

1447

owned or managed by the Department of Management Services must

1448

identify and compile a list of projects determined to be suitable

1449

for a guaranteed energy, water, and wastewater performance

1450

savings contract pursuant to s. 489.145. The list of projects

1451

compiled by each state agency shall be submitted to the

1452

Department of Management Services by December 31, 2008, and must

1453

include all criteria used to determine suitability. The list of

1454

projects shall be developed from the list of state-owned

1455

facilities greater than 5,000 square feet in area and for which

1456

the state agency is responsible for paying the expenses of

1457

utilities and other operating expenses as they relate to energy

1458

use. In consultation with each state agency executive officer, by

1459

July 1, 2009, the department shall prioritize all projects deemed

1460

suitable by each state agency and shall develop an energy-

1461

efficiency project schedule based on factors such as project

1462

magnitude, efficiency and effectiveness of energy conservation

1463

measures to be implemented, and other factors that may prove to

1464

be advantageous to pursue. The schedule shall provide the

1465

deadline for guaranteed energy, water, and wastewater performance

1466

savings contract improvements to be made to the state-owned

1467

buildings.

1468

Section 19. Section 255.253, Florida Statutes, is amended

1469

to read:

1470

255.253 Definitions; ss. 255.251-255.258.--

1471

(1) "Department" means the Department of Management

1472

Services.

1473

(2) "Facility" means a building or other structure.

1474

(3) "Energy performance index or indices" (EPI) means a

1475

number describing the energy requirements at the building

1476

boundary of a facility, per square foot of floor space or per

1477

cubic foot of occupied volume, as appropriate under defined

1478

internal and external ambient conditions over an entire seasonal

1479

cycle. As experience develops on the energy performance achieved

1480

with state building, the indices (EPI) will serve as a measure of

1481

building performance with respect to energy consumption.

1482

(4) "Life-cycle costs" means the cost of owning, operating,

1483

and maintaining the facility over the life of the structure. This

1484

may be expressed as an annual cost for each year of the

1485

facility's use.

1486

(5) "Shared savings financing" means the financing of

1487

energy conservation measures and maintenance services through a

1488

private firm which may own any purchased equipment for the

1489

duration of a contract, which may shall not exceed 10 years

1490

unless so authorized by the department. The Such contract shall

1491

specify that the private firm will be recompensed either out of a

1492

negotiated portion of the savings resulting from the conservation

1493

measures and maintenance services provided by the private firm

1494

or, in the case of a cogeneration project, through the payment of

1495

a rate for energy lower than would otherwise have been paid for

1496

the same energy from current sources.

1497

(6) "Sustainable building" means a building that is healthy

1498

and comfortable for its occupants and is economical to operate

1499

while conserving resources, including energy, water, raw

1500

materials, and land, and minimizing the generation and use of

1501

toxic materials and waste in its design, construction,

1502

landscaping, and operation.

1503

(7) "Sustainable building rating" means a rating

1504

established by the United States Green Building Council (USGBC)

1505

Leadership in Energy and Environmental Design (LEED) rating

1506

system, the Green Building Initiative's Green Globes rating

1507

system, or the Florida Green Building Coalition standards.

1508

Section 20. Subsection (1) of section 255.254, Florida

1509

Statutes, is amended to read:

1510

255.254 No facility constructed or leased without life-

1511

cycle costs.--

1512

(1) A No state agency may not shall lease, construct, or

1513

have constructed, within limits prescribed herein, a facility

1514

without having secured from the department an a proper evaluation

1515

of life-cycle costs based on sustainable building ratings, as

1516

computed by an architect or engineer. Furthermore, construction

1517

shall proceed only upon disclosing to the department, for the

1518

facility chosen, the life-cycle costs as determined in s.

1519

255.255, its sustainable building rating goal, and the

1520

capitalization of the initial construction costs of the building.

1521

The life-cycle costs and the sustainable building rating goal

1522

shall be a primary considerations consideration in the selection

1523

of a building design. Such analysis shall be required only for

1524

construction of buildings with an area of 5,000 square feet or

1525

greater. For leased buildings 5,000 square feet areas of 20,000

1526

square feet or greater within a given building boundary, an

1527

energy performance a life-cycle analysis consisting of a

1528

projection of the annual energy consumption costs in dollars per

1529

square foot of major energy-consuming equipment and systems based

1530

on actual expenses, from the last 3 years, and projected forward

1531

for the term of the proposed lease shall be performed. The, and a

1532

lease shall only be made only where there is a showing that the

1533

energy life-cycle costs incurred by the state are minimal

1534

compared to available like facilities. Any building leased by the

1535

state from a private-sector entity shall include, as a part of

1536

the lease, provisions for monthly energy-use data to be collected

1537

and submitted monthly to the department by the owner of the

1538

building.

1539

Section 21. Subsection (1) of section 255.255, Florida

1540

Statutes, is amended to read:

1541

255.255 Life-cycle costs.--

1542

(1) The department shall adopt promulgate rules and

1543

procedures, including energy conservation performance guidelines,

1544

based on sustainable building ratings, for conducting a life-

1545

cycle cost analysis of alternative architectural and engineering

1546

designs and alternative major items of energy-consuming equipment

1547

to be retrofitted in existing state-owned or leased facilities

1548

and for developing energy performance indices to evaluate the

1549

efficiency of energy utilization for competing designs in the

1550

construction of state-financed and leased facilities.

1551

Section 22. Section 255.257, Florida Statutes, is amended

1552

to read:

1553

255.257 Energy management; buildings occupied by state

1554

agencies.--

1555

(1) ENERGY CONSUMPTION AND COST DATA.--Each state agency

1556

shall collect data on energy consumption and cost. The data

1557

gathered shall be on state-owned facilities and metered state-

1558

leased facilities of 5,000 net square feet or more. These data

1559

will be used in the computation of the effectiveness of the state

1560

energy management plan and the effectiveness of the energy

1561

management program of each of the state agencies. Collected data

1562

shall be reported annually to the department in a format

1563

prescribed by the department.

1564

(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency, the

1565

Florida Public Service Commission, the Department of Military

1566

Affairs, and the judicial branch shall appoint a coordinator

1567

whose responsibility shall be to advise the head of the state

1568

agency on matters relating to energy consumption in facilities

1569

under the control of that head or in space occupied by the

1570

various units comprising that state agency, in vehicles operated

1571

by that state agency, and in other energy-consuming activities of

1572

the state agency. The coordinator shall implement the energy

1573

management program agreed upon by the state agency concerned and

1574

assist the department in the development of the State Energy

1575

Management Plan.

1576

(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The

1577

Department of Management Services shall may develop a state

1578

energy management plan consisting of, but not limited to, the

1579

following elements:

1580

(a) Data-gathering requirements;

1581

(b) Building energy audit procedures;

1582

1583

(d) Employee energy education program measures;

1584

(e) Energy consumption reduction techniques;

1585

(f) Training program for state agency energy management

1586

coordinators; and

1587

(g) Guidelines for building managers.

1588

1589

The plan shall include a description of actions to be taken by

1590

all state agencies to reduce consumption of electricity and

1591

nonrenewable energy sources used for space heating and cooling,

1592

ventilation, lighting, water heating, and transportation.

1593

(4) All state agencies shall adopt the United States Green

1594

Building Council's Leadership in Energy and Environmental Design

1595

(LEED) rating system, the Green Building Initiative's Green

1596

Globes rating system, or the Florida Green Building Coalition

1597

standards.

1598

(5) A state agency may not enter into new leasing

1599

agreements for office space that does not meet Energy Star

1600

building standards unless the appropriate state government entity

1601

executive determines that no other viable or cost-effective

1602

alternative exists.

1603

(6) All state agencies shall develop energy-conservation

1604

measures and guidelines for new and existing office space where

1605

state agencies occupy more than 5,000 square feet. These

1606

conservation measures shall focus on programs that may reduce

1607

energy consumption and, when established, will provide a net

1608

reduction in occupancy costs.

1609

Section 23. Section 286.275, Florida Statutes, is created

1610

to read:

1611

286.275 Climate friendly public business.--The Legislature

1612

recognizes the importance of leadership by state government in

1613

the area of energy efficiency and in reducing the greenhouse gas

1614

emissions of state government operations. The following shall

1615

pertain to all state government entities, as defined in this

1616

section, when conducting public business:

1617

(1) The Department of Management Services shall develop the

1618

Florida Climate Friendly Preferred Products List. In maintaining

1619

that list, the department, in consultation with the Department of

1620

Environmental Protection, shall continually assess products that

1621

are currently available for purchase under state term contracts

1622

and identify specific products and vendors that provide clear

1623

energy efficiency or other environmental benefits over competing

1624

products. When procuring products from state term contracts,

1625

state agencies shall first consult the Florida Climate Friendly

1626

Preferred Products List and procure such products if the price is

1627

comparable.

1628

(2) Effective July 1, 2008, state agencies shall contract

1629

for meeting and conference space only with hotels or conference

1630

facilities that have received the "Green Lodging" designation

1631

from the Department of Environmental Protection for best

1632

practices in water, energy, and waste-efficiency standards,

1633

unless the responsible state agency's chief executive officer

1634

makes a determination that no other viable alternative exists.

1635

The Department of Environmental Protection is authorized to adopt

1636

rules to implement the "Green Lodging" program.

1637

(3) The Department of Environmental Protection may

1638

establish voluntary technical assistance programs in accordance

1639

with s. 403.074. Such programs may include the Clean Marinas,

1640

Clean Boatyards, Clean Retailers, Clean Boaters, and Green Yards

1641

Programs. The programs may include certifications, designations,

1642

or other forms of recognition. The department may implement some

1643

or all of these programs through rulemaking; however, the rules

1644

may not impose requirements on a person who does not wish to

1645

participate in a program. Each state agency shall patronize

1646

businesses that have received such certifications or designations

1647

to the greatest extent practicable.

1648

(4) Each state agency shall ensure that all maintained

1649

vehicles meet minimum maintenance schedules shown to reduce fuel

1650

consumption, which include ensuring appropriate tire pressures

1651

and tread depth, replacing fuel filters and emission filters at

1652

recommended intervals, using proper motor oils, and performing

1653

timely motor maintenance. Each state agency shall measure and

1654

report compliance to the Department of Management Services

1655

through the Equipment Management Information System database.

1656

(5) When procuring a vehicle, state agencies shall first

1657

define the intended purpose of the vehicle and determine for

1658

which of the following use classes the vehicle is being procured:

1659

(a) State business travel, designated operator;

1660

(b) State business travel, pool operators;

1661

1662

(d) Conveyance of passengers;

1663

(e) Conveyance of building or maintenance materials and

1664

supplies;

1665

(f) Off-road vehicles, motorcycles, and all-terrain

1666

vehicles;

1667

(g) Emergency response; or

1668

(h) Other.

1669

1670

Vehicles in paragraphs (a) through (h), when being processed for

1671

purchase or leasing agreements, must be selected for the greatest

1672

fuel efficiency available for a given use class when fuel-economy

1673

data are available. Exceptions may be made for certain individual

1674

vehicles in subparagraph 7., when accompanied, during the

1675

procurement process, by documentation indicating that the

1676

operator or operators will exclusively be emergency first

1677

responders or have special documented need for exceptional

1678

vehicle performance characteristics. Any request for an exception

1679

must be approved by the purchasing agency's chief executive

1680

officer and any exceptional performance characteristics denoted

1681

as a part of the procurement process prior to purchase.

1682

(6) All state agencies shall use ethanol and biodiesel-

1683

blended fuels, when available. State agencies administering

1684

central fueling operations for state-owned vehicles shall procure

1685

biofuels for fleet needs to the greatest extent practicable.

1686

Section 24. Paragraph (b) of subsection (2) and subsection

1687

(5) of section 287.063, Florida Statutes, are amended to read:

1688

287.063 Deferred-payment commodity contracts; preaudit

1689

review.--

1690

(2)

1691

(b) The Chief Financial Officer shall establish, by rule,

1692

criteria for approving purchases made under deferred-payment

1693

contracts which require the payment of interest. Criteria shall

1694

include, but not be limited to, the following provisions:

1695

1. No contract shall be approved in which interest exceeds

1696

the statutory ceiling contained in this section. However, the

1697

interest component of any master equipment financing agreement

1698

entered into for the purpose of consolidated financing of a

1699

deferred-payment, installment sale, or lease-purchase shall be

1700

deemed to comply with the interest rate limitation of this

1701

section so long as the interest component of every interagency

1702

agreement under such master equipment financing agreement

1703

complies with the interest rate limitation of this section.

1704

2. No deferred-payment purchase for less than $30,000 shall

1705

be approved, unless it can be satisfactorily demonstrated and

1706

documented to the Chief Financial Officer that failure to make

1707

such deferred-payment purchase would adversely affect an agency

1708

in the performance of its duties. However, the Chief Financial

1709

Officer may approve any deferred-payment purchase if the Chief

1710

Financial Officer determines that such purchase is economically

1711

beneficial to the state.

1712

3. No agency shall obligate an annualized amount of

1713

payments for deferred-payment purchases in excess of current

1714

operating capital outlay appropriations, unless specifically

1715

authorized by law or unless it can be satisfactorily demonstrated

1716

and documented to the Chief Financial Officer that failure to

1717

make such deferred-payment purchase would adversely affect an

1718

agency in the performance of its duties.

1719

3.4. No contract shall be approved which extends payment

1720

beyond 5 years, unless it can be satisfactorily demonstrated and

1721

documented to the Chief Financial Officer that failure to make

1722

such deferred-payment purchase would adversely affect an agency

1723

in the performance of its duties. The payment term may not exceed

1724

the useful life of the equipment unless the contract provides for

1725

the replacement or the extension of the useful life of the

1726

equipment during the term of the loan.

1727

(5) For purposes of this section, the annualized amount of

1728

any such deferred payment commodity contract must be supported

1729

from available recurring funds appropriated to the agency in an

1730

appropriation category, other than the expense appropriation

1731

category as defined in chapter 216, which that the Chief

1732

Financial Officer has determined is appropriate or that the

1733

Legislature has designated for payment of the obligation incurred

1734

under this section.

1735

Section 25. Subsections (10) and (11) of section 287.064,

1736

Florida Statutes, are amended to read:

1737

287.064 Consolidated financing of deferred-payment

1738

purchases.--

1739

(10)(a) A master equipment financing agreement may finance

1740

the cost of energy, water, or wastewater efficiency and

1741

conservation measures, as defined in s. 489.145, excluding the

1742

costs of training, operation, and maintenance, for a term of

1743

repayment that may exceed 5 years but not more than 20 years.

1744

(b) The guaranteed energy, water, and wastewater savings

1745

contractor shall provide for the replacement or the extension of

1746

the useful life of the equipment during the term of the contract.

1747

Costs incurred pursuant to a guaranteed energy performance

1748

savings contract, including the cost of energy conservation

1749

measures, each as defined in s. 489.145, may be financed pursuant

1750

to a master equipment financing agreement; however, the costs of

1751

training, operation, and maintenance may not be financed. The

1752

period of time for repayment of the funds drawn pursuant to the

1753

master equipment financing agreement under this subsection may

1754

exceed 5 years but may not exceed 10 years.

1755

(11) For purposes of consolidated financing of deferred

1756

payment commodity contracts under this section by a state agency,

1757

the annualized amount of any such contract must be supported from

1758

available recurring funds appropriated to the agency in an

1759

appropriation category, other than the expense appropriation

1760

category as defined in chapter 216, which that the Chief

1761

Financial Officer has determined is appropriate or which that the

1762

Legislature has designated for payment of the obligation incurred

1763

under this section.

1764

Section 26. Subsection (12) is added to section 287.16,

1765

Florida Statutes, to read:

1766

287.16 Powers and duties of department.--The Department of

1767

Management Services shall have the following powers, duties, and

1768

responsibilities:

1769

(12) To conduct, in coordination with the Department of

1770

Transportation, an analysis of ethanol and biodiesel use by the

1771

Department of Transportation through its central fueling

1772

facilities. The Department of Management Services shall encourage

1773

other state government entities to analyze transportation fuel

1774

usage, including the different types and percentages of fuels

1775

consumed, and report such information to the department.

1776

Section 27. Present paragraphs (a) through (n) of

1777

subsection (2) of section 288.1089, Florida Statutes, are

1778

redesignated as paragraphs (b) through (o), respectively, and a

1779

new paragraph (a) is added to that subsection, subsection (3) of

1780

that section is amended, and paragraph (d) is added to subsection

1781

(4) of that section, to read:

1782

288.1089 Innovation Incentive Program.--

1783

(2) As used in this section, the term:

1784

(a) "Alternative and renewable energy" means electrical,

1785

mechanical, or thermal energy produced from a method that uses

1786

one or more of the following fuels or energy sources: ethanol,

1787

cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,

1788

hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,

1789

or geothermal.

1790

(3) To be eligible for consideration for an innovation

1791

incentive award, an innovation business, or research and

1792

development entity, or alternative and renewable energy project

1793

must submit a written application to Enterprise Florida, Inc.,

1794

before making a decision to locate new operations in this state

1795

or expand an existing operation in this state. The application

1796

must include, but not be limited to:

1797

(a) The applicant's federal employer identification number,

1798

unemployment account number, and state sales tax registration

1799

number. If such numbers are not available at the time of

1800

application, they must be submitted to the office in writing

1801

prior to the disbursement of any payments under this section.

1802

(b) The location in this state at which the project is

1803

located or is to be located.

1804

1805

product, or research and development undertaken by the applicant,

1806

including six-digit North American Industry Classification System

1807

codes for all activities included in the project.

1808

(d) The applicant's projected investment in the project.

1809

(e) The total investment, from all sources, in the project.

1810

(f) The number of net new full-time equivalent jobs in this

1811

state the applicant anticipates having created as of December 31

1812

of each year in the project and the average annual wage of such

1813

jobs.

1814

(g) The total number of full-time equivalent employees

1815

currently employed by the applicant in this state, if applicable.

1816

(h) The anticipated commencement date of the project.

1817

(i) A detailed explanation of why the innovation incentive

1818

is needed to induce the applicant to expand or locate in the

1819

state and whether an award would cause the applicant to locate or

1820

expand in this state.

1821

(j) If applicable, an estimate of the proportion of the

1822

revenues resulting from the project that will be generated

1823

outside this state.

1824

(4) To qualify for review by the office, the applicant

1825

must, at a minimum, establish the following to the satisfaction

1826

of Enterprise Florida, Inc., and the office:

1827

(d) For an alternative and renewable energy project in this

1828

state, the project must:

1829

1. Demonstrate a plan for significant collaboration with an

1830

institution of higher education;

1831

2. Provide the state, at a minimum, a break-even return on

1832

investment within a 20-year period;

1833

3. Include matching funds provided by the applicant or

1834

other available sources. This requirement may be waived if the

1835

office and the department determine that the merits of the

1836

individual project or the specific circumstances warrant such

1837

action;

1838

4. Be located in this state;

1839

5. Provide jobs that pay an estimated annual average wage

1840

that equals at least 130 percent of the average private-sector

1841

wage. The average wage requirement may be waived if the office

1842

and the commission determine that the merits of the individual

1843

project or the specific circumstances warrant such action; and

1844

6. Meet one of the following criteria:

1845

a. Result in the creation of at least 35 direct, new jobs

1846

at the business.

1847

b. Have an activity or product that uses feedstock or other

1848

raw materials grown or produced in this state.

1849

c. Have a cumulative investment of at least $50 million

1850

within a 5-year period.

1851

d. Address the technical feasibility of the technology, and

1852

the extent to which the proposed project has been demonstrated to

1853

be technically feasible based on pilot project demonstrations,

1854

laboratory testing, scientific modeling, or engineering or

1855

chemical theory that supports the proposal.

1856

e. Include innovative technology and the degree to which

1857

the project or business incorporates an innovative new technology

1858

or an innovative application of an existing technology.

1859

f. Include production potential and the degree to which a

1860

project or business generates thermal, mechanical, or electrical

1861

energy by means of a renewable energy resource that has

1862

substantial long-term production potential. The project must, to

1863

the extent possible, quantify annual production potential in

1864

megawatts or kilowatts.

1865

g. Include and address energy efficiency and the degree to

1866

which a project demonstrates efficient use of energy, water, and

1867

material resources.

1868

h. Include project management and the ability of management

1869

to administer a complete the business project.

1870

Section 28. Subsection (1) of section 337.401, Florida

1871

Statutes, is amended to read:

1872

337.401 Use of right-of-way for utilities subject to

1873

regulation; permit; fees.--

1874

(1) The department and local governmental entities,

1875

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

1876

jurisdiction and control of public roads or publicly owned rail

1877

corridors are authorized to prescribe and enforce reasonable

1878

rules or regulations with reference to the placing and

1879

maintaining along, across, or on any road or publicly owned rail

1880

corridors under their respective jurisdictions any electric

1881

transmission, telephone, telegraph, or other communications

1882

services lines; pole lines; poles; railways; ditches; sewers;

1883

water, heat, or gas mains; pipelines; fences; gasoline tanks and

1884

pumps; or other structures hereinafter referred to in this

1885

section as the "utility." For aerial and underground electric

1886

utility transmission lines designed to operate at 69 kV or more

1887

which are needed to accommodate the additional electrical

1888

transfer capacity on the transmission grid resulting from new

1889

base-load generating facilities, where there is no other

1890

practicable alternative available for placement of the electric

1891

utility transmission lines on the department's rights-of-way, the

1892

department's rules shall provide for placement of and access to

1893

such transmission lines adjacent to and within the right-of-way

1894

of any department-controlled public roads, including

1895

longitudinally within limited access facilities to the greatest

1896

extent allowed by federal law, if compliance with the standards

1897

established by such rules is achieved. Such rules may include,

1898

but need not be limited to, that the use of the right-of-way is

1899

reasonable based upon a consideration of economic and

1900

environmental factors, including, without limitation, other

1901

practicable alternative alignments, utility corridors and

1902

easements, minimum clear zones and other safety standards, and

1903

further provide that placement of the electric utility

1904

transmission lines within the department's right-of-way does not

1905

interfere with operational requirements of the transportation

1906

facility or planned or potential future expansion of such

1907

transportation facility. If the department approves longitudinal

1908

placement of electric utility transmission lines in limited

1909

access facilities, compensation for the use of the right-of-way

1910

is required. Such consideration or compensation paid by the

1911

electric utility in connection with the department's issuance of

1912

a permit does not create any property right in the department's

1913

property regardless of the amount of consideration paid or the

1914

improvements constructed on the property by the utility. Upon

1915

notice by the department that the property is needed for

1916

expansion or improvement of the transportation facility, the

1917

electric utility transmission line will relocate from the

1918

facility at the electric utility's sole expense. The electric

1919

utility shall pay to the department reasonable damages resulting

1920

from the utility's failure or refusal to timely relocate its

1921

transmission lines. The rules to be adopted by the department

1922

may also address the compensation methodology and relocation. As

1923

used in this subsection, the term "base load generating

1924

facilities" means electrical power plants that are certified

1925

under part II of chapter 403. The department may enter into a

1926

permit-delegation agreement with a governmental entity if

1927

issuance of a permit is based on requirements that the department

1928

finds will ensure the safety and integrity of facilities of the

1929

Department of Transportation; however, the permit-delegation

1930

agreement does not apply to facilities of electric utilities as

1931

defined in s. 366.02(2).

1932

Section 29. Subsections (1) and (7) of section 339.175,

1933

Florida Statutes, are amended to read:

1934

339.175 Metropolitan planning organization.--

1935

(1) PURPOSE.--It is the intent of the Legislature to

1936

encourage and promote the safe and efficient management,

1937

operation, and development of surface transportation systems that

1938

will serve the mobility needs of people and freight and foster

1939

economic growth and development within and through urbanized

1940

areas of this state while minimizing transportation-related fuel

1941

consumption, and air pollution, and greenhouse gas emissions

1942

through metropolitan transportation planning processes identified

1943

in this section. To accomplish these objectives, metropolitan

1944

planning organizations, referred to in this section as M.P.O.'s,

1945

shall develop, in cooperation with the state and public transit

1946

operators, transportation plans and programs for metropolitan

1947

areas. The plans and programs for each metropolitan area must

1948

provide for the development and integrated management and

1949

operation of transportation systems and facilities, including

1950

pedestrian walkways and bicycle transportation facilities that

1951

will function as an intermodal transportation system for the

1952

metropolitan area, based upon the prevailing principles provided

1953

in s. 334.046(1). The process for developing such plans and

1954

programs shall provide for consideration of all modes of

1955

transportation and shall be continuing, cooperative, and

1956

comprehensive, to the degree appropriate, based on the complexity

1957

of the transportation problems to be addressed. To ensure that

1958

the process is integrated with the statewide planning process,

1959

M.P.O.'s shall develop plans and programs that identify

1960

transportation facilities that should function as an integrated

1961

metropolitan transportation system, giving emphasis to facilities

1962

that serve important national, state, and regional transportation

1963

functions. For the purposes of this section, those facilities

1964

include the facilities on the Strategic Intermodal System

1965

designated under s. 339.63 and facilities for which projects have

1966

been identified pursuant to s. 339.2819(4).

1967

(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

1968

develop a long-range transportation plan that addresses at least

1969

a 20-year planning horizon. The plan must include both long-range

1970

and short-range strategies and must comply with all other state

1971

and federal requirements. The prevailing principles to be

1972

considered in the long-range transportation plan are: preserving

1973

the existing transportation infrastructure; enhancing Florida's

1974

economic competitiveness; and improving travel choices to ensure

1975

mobility. The long-range transportation plan must be consistent,

1976

to the maximum extent feasible, with future land use elements and

1977

the goals, objectives, and policies of the approved local

1978

government comprehensive plans of the units of local government

1979

located within the jurisdiction of the M.P.O. Each M.P.O. is

1980

encouraged to consider strategies that integrate transportation

1981

and land use planning to provide for sustainable development and

1982

reduce greenhouse gas emissions. The approved long-range

1983

transportation plan must be considered by local governments in

1984

the development of the transportation elements in local

1985

government comprehensive plans and any amendments thereto. The

1986

long-range transportation plan must, at a minimum:

1987

(a) Identify transportation facilities, including, but not

1988

limited to, major roadways, airports, seaports, spaceports,

1989

commuter rail systems, transit systems, and intermodal or

1990

multimodal terminals that will function as an integrated

1991

metropolitan transportation system. The long-range transportation

1992

plan must give emphasis to those transportation facilities that

1993

serve national, statewide, or regional functions, and must

1994

consider the goals and objectives identified in the Florida

1995

Transportation Plan as provided in s. 339.155. If a project is

1996

located within the boundaries of more than one M.P.O., the

1997

M.P.O.'s must coordinate plans regarding the project in the long-

1998

range transportation plan.

1999

(b) Include a financial plan that demonstrates how the plan

2000

can be implemented, indicating resources from public and private

2001

sources which are reasonably expected to be available to carry

2002

out the plan, and recommends any additional financing strategies

2003

for needed projects and programs. The financial plan may include,

2004

for illustrative purposes, additional projects that would be

2005

included in the adopted long-range transportation plan if

2006

reasonable additional resources beyond those identified in the

2007

financial plan were available. For the purpose of developing the

2008

long-range transportation plan, the M.P.O. and the department

2009

shall cooperatively develop estimates of funds that will be

2010

available to support the plan implementation. Innovative

2011

financing techniques may be used to fund needed projects and

2012

programs. Such techniques may include the assessment of tolls,

2013

the use of value capture financing, or the use of value pricing.

2014

2015

to:

2016

1. Ensure the preservation of the existing metropolitan

2017

transportation system including requirements for the operation,

2018

resurfacing, restoration, and rehabilitation of major roadways

2019

and requirements for the operation, maintenance, modernization,

2020

and rehabilitation of public transportation facilities; and

2021

2. Make the most efficient use of existing transportation

2022

facilities to relieve vehicular congestion and maximize the

2023

mobility of people and goods.

2024

(d) Indicate, as appropriate, proposed transportation

2025

enhancement activities, including, but not limited to, pedestrian

2026

and bicycle facilities, scenic easements, landscaping, historic

2027

preservation, mitigation of water pollution due to highway

2028

runoff, and control of outdoor advertising.

2029

(e) In addition to the requirements of paragraphs (a)-(d),

2030

in metropolitan areas that are classified as nonattainment areas

2031

for ozone or carbon monoxide, the M.P.O. must coordinate the

2032

development of the long-range transportation plan with the State

2033

Implementation Plan developed pursuant to the requirements of the

2034

federal Clean Air Act.

2035

2036

In the development of its long-range transportation plan, each

2037

M.P.O. must provide the public, affected public agencies,

2038

representatives of transportation agency employees, freight

2039

shippers, providers of freight transportation services, private

2040

providers of transportation, representatives of users of public

2041

transit, and other interested parties with a reasonable

2042

opportunity to comment on the long-range transportation plan. The

2043

long-range transportation plan must be approved by the M.P.O.

2044

Section 30. Section 366.82, Florida Statutes, is amended to

2045

read:

2046

366.82 Definition; goals; plans; programs; annual reports;

2047

energy audits.--

2048

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

2049

"utility" means any person or entity of whatever form which

2050

provides electricity or natural gas at retail to the public,

2051

specifically including municipalities or instrumentalities

2052

thereof and cooperatives organized under the Rural Electric

2053

Cooperative Law and specifically excluding any municipality or

2054

instrumentality thereof, any cooperative organized under the

2055

Rural Electric Cooperative Law, or any other person or entity

2056

providing natural gas at retail to the public whose annual sales

2057

volume is less than 100 million therms or any municipality or

2058

instrumentality thereof and any cooperative organized under the

2059

Rural Electric Cooperative Law providing electricity at retail to

2060

the public whose annual sales as of July 1, 1993, to end-use

2061

customers is less than 2,000 gigawatt hours.

2062

(2) The commission shall adopt appropriate goals for

2063

increasing the efficiency of energy consumption and increasing

2064

the development of cogeneration, specifically including goals

2065

designed to increase the conservation of expensive resources,

2066

such as petroleum fuels, to reduce and control the growth rates

2067

of electric consumption, and to reduce the growth rates of

2068

weather-sensitive peak demand. The Executive Office of the

2069

Governor shall be a party in the proceedings to adopt goals. The

2070

commission may change the goals for reasonable cause. The time

2071

period to review the goals, however, must shall not exceed 5

2072

years. After the programs and plans to meet those goals are

2073

completed, the commission shall determine what further goals,

2074

programs, or plans are warranted and, if so, shall adopt them.

2075

(3) The commission shall publish a notice of proposed

2076

rulemaking no later than July 1, 2009, requiring electric

2077

utilities to offset 20 percent of their annual load-growth

2078

through energy efficiency and conservation measures thereby

2079

constituting an energy-efficiency portfolio standard. The

2080

commission may allow efficiency investments across generation,

2081

transmission, and distribution as well as efficiencies within the

2082

user base. As part of the implementation rules, the commission

2083

shall create an in-state market for tradable credits enabling

2084

those electric utilities that exceed the standard to sell credits

2085

to those that cannot meet the standard for a given year. This

2086

efficiency standard is separate from and exclusive of the

2087

renewable portfolio standard that requires electricity providers

2088

to obtain a minimum percentage of their power from renewable

2089

energy resources. Every 3 years the commission shall review and

2090

reevaluate this efficacy of efficiency standard on a regional and

2091

statewide approach.

2092

(4)(3) Following adoption of goals pursuant to subsection

2093

(2), the commission shall require each utility to develop plans

2094

and programs to meet the overall goals within its service area.

2095

If any plan or program includes loans, collection of loans, or

2096

similar banking functions by a utility and the plan is approved

2097

by the commission, the utility shall perform such functions,

2098

notwithstanding any other provision of the law. The commission

2099

may pledge up to $5 million of the Florida Public Service

2100

Regulatory Trust Fund to guarantee such loans. However, no

2101

utility shall be required to loan its funds for the purpose of

2102

purchasing or otherwise acquiring conservation measures or

2103

devices, but nothing herein shall prohibit or impair the

2104

administration or implementation of a utility plan as submitted

2105

by a utility and approved by the commission under this

2106

subsection. If the commission disapproves a plan, it shall

2107

specify the reasons for disapproval, and the utility whose plan

2108

is disapproved shall resubmit its modified plan within 30 days.

2109

Prior approval by the commission shall be required to modify or

2110

discontinue a plan, or part thereof, which has been approved. If

2111

any utility has not implemented its programs and is not

2112

substantially in compliance with the provisions of its approved

2113

plan at any time, the commission shall adopt programs required

2114

for that utility to achieve the overall goals. Utility programs

2115

may include variations in rate design, load control,

2116

cogeneration, residential energy conservation subsidy, or any

2117

other measure within the jurisdiction of the commission which the

2118

commission finds likely to be effective; this provision shall not

2119

be construed to preclude these measures in any plan or program.

2120

(5)(4) The commission shall require periodic reports from

2121

each utility and shall provide the Legislature and the Governor

2122

with an annual report by March 1 of the goals it has adopted and

2123

its progress toward meeting those goals. The commission shall

2124

also consider the performance of each utility pursuant to ss.

2125

366.80-366.85 and 403.519 when establishing rates for those

2126

utilities over which the commission has ratesetting authority.

2127

(6) The commission shall require municipal and cooperative

2128

utilities that are exempt from the Florida Energy Efficiency and

2129

Conservation Act to submit an annual report to the commission

2130

identifying energy efficiency and conservation goals and the

2131

actions taken to meet those goals.

2132

(7)(5) The commission shall require each utility to offer,

2133

or to contract to offer, energy audits to its residential

2134

customers. This requirement need not be uniform, but may be based

2135

on such factors as level of usage, geographic location, or any

2136

other reasonable criterion, so long as all eligible customers are

2137

notified. The commission may extend this requirement to some or

2138

all commercial customers. The commission shall set the charge for

2139

audits by rule, not to exceed the actual cost, and may describe

2140

by rule the general form and content of an audit. In the event

2141

one utility contracts with another utility to perform audits for

2142

it, the utility for which the audits are performed shall pay the

2143

contracting utility the reasonable cost of performing the audits.

2144

Each utility over which the commission has ratesetting authority

2145

shall estimate its costs and revenues for audits, conservation

2146

programs, and implementation of its plan for the immediately

2147

following 6-month period. Reasonable and prudent unreimbursed

2148

costs projected to be incurred, or any portion of such costs, may

2149

be added to the rates which would otherwise be charged by a

2150

utility upon approval by the commission, provided that the

2151

commission shall not allow the recovery of the cost of any

2152

company image-enhancing advertising or of any advertising not

2153

directly related to an approved conservation program. Following

2154

each 6-month period, each utility shall report the actual results

2155

for that period to the commission, and the difference, if any,

2156

between actual and projected results shall be taken into account

2157

in succeeding periods. The state plan as submitted for

2158

consideration under the National Energy Conservation Policy Act

2159

shall not be in conflict with any state law or regulation.

2160

(8)(6)(a) Notwithstanding the provisions of s. 377.703, the

2161

commission shall be the responsible state agency for performing,

2162

coordinating, implementing, or administering the functions of the

2163

state plan submitted for consideration under the National Energy

2164

Conservation Policy Act and any acts amendatory thereof or

2165

supplemental thereto and for performing, coordinating,

2166

implementing, or administering the functions of any future

2167

federal program delegated to the state which relates to

2168

consumption, utilization, or conservation of electricity or

2169

natural gas; and the commission shall have exclusive

2170

responsibility for preparing all reports, information, analyses,

2171

recommendations, and materials related to consumption,

2172

utilization, or conservation of electrical energy which are

2173

required or authorized by s. 377.703.

2174

(b) The Florida Energy and Climate Commission, as created

2175

in s. 377.6015, Executive Office of the Governor shall be a party

2176

in the proceedings to adopt goals and shall file with the

2177

commission comments on the proposed goals including, but not

2178

limited to:

2179

1. An evaluation of utility load forecasts, including an

2180

assessment of alternative supply and demand side resource

2181

options.

2182

2. An analysis of various policy options which can be

2183

implemented to achieve a least-cost strategy.

2184

(9)(7) The commission shall establish all minimum

2185

requirements for energy auditors used by each utility. The

2186

commission is authorized to contract with any public agency or

2187

other person to provide any training, testing, evaluation, or

2188

other step necessary to fulfill the provisions of this

2189

subsection.

2190

(10) In evaluating the cost-effectiveness of demand-side

2191

management programs, the commission shall use methodologies that

2192

recognize the noneconomic benefits associated with reduced energy

2193

demand from energy efficiency and conservation programs and that

2194

recognize the benefits associated with not constructing new

2195

generation capacity.

2196

Section 31. Paragraph (d) of subsection (1) of section

2197

366.8255, Florida Statutes, is amended to read:

2198

366.8255 Environmental cost recovery.--

2199

(1) As used in this section, the term:

2200

(d) "Environmental compliance costs" includes all costs or

2201

expenses incurred by an electric utility in complying with

2202

environmental laws or regulations, including, but not limited to:

2203

1. Inservice capital investments, including the electric

2204

utility's last authorized rate of return on equity thereon;

2205

2. Operation and maintenance expenses;

2206

3. Fuel procurement costs;

2207

4. Purchased power costs;

2208

5. Emission allowance costs;

2209

6. Direct taxes on environmental equipment; and

2210

7. Costs or expenses prudently incurred by an electric

2211

utility pursuant to an agreement entered into on or after the

2212

effective date of this act and prior to October 1, 2002, between

2213

the electric utility and the Florida Department of Environmental

2214

Protection or the United States Environmental Protection Agency

2215

for the exclusive purpose of ensuring compliance with ozone

2216

ambient air quality standards by an electrical generating

2217

facility owned by the electric utility;.

2218

8. Costs or expenses prudently incurred for scientific

2219

research and geological assessments of carbon capture and storage

2220

conducted in Florida for the purpose of reducing an electric

2221

utility's greenhouse gas emissions as defined in s. 403.44 when

2222

such costs or expenses are incurred in joint research projects

2223

with this state's government agencies and universities; and

2224

9. Costs or expenses prudently incurred for the

2225

quantification, reporting, and verification of greenhouse gas

2226

emissions by third parties as required for participation in

2227

emission registries.

2228

Section 32. Section 366.91, Florida Statutes, is amended to

2229

read:

2230

366.91 Renewable energy.--

2231

(1) The Legislature finds that it is in the public interest

2232

to promote the development of renewable energy resources in this

2233

state. Renewable energy resources have the potential to help

2234

diversify fuel types to meet Florida's growing dependency on

2235

natural gas for electric production, minimize the volatility of

2236

fuel costs, encourage investment within the state, improve

2237

environmental conditions, and make Florida a leader in new and

2238

innovative technologies.

2239

(2) As used in this section, the term:

2240

(a) "Biomass" means a power source that is comprised of,

2241

but not limited to, combustible residues or gases from forest

2242

products manufacturing, waste, byproducts or products from

2243

agricultural and orchard crops, waste and co-products from

2244

livestock and poultry operations, waste and byproducts from and

2245

food processing, urban wood waste, municipal solid waste,

2246

municipal liquid waste treatment operations, and landfill gas.

2247

(b) "Renewable energy" means electrical energy produced

2248

from a method that uses one or more of the following fuels or

2249

energy sources: hydrogen produced from sources other than fossil

2250

fuels, biomass, solar energy, geothermal energy, wind energy,

2251

ocean energy, and hydroelectric power. The term includes the

2252

alternative energy resource, waste heat, from sulfuric acid

2253

manufacturing operations.

2254

2255

generating system located on a customer's premises that is

2256

primarily intended to offset part or all of the customer's

2257

electricity requirements with renewable energy.

2258

(d) "Net metering" means a metering and billing methodology

2259

whereby customer-owned renewable generation is allowed to offset

2260

the customer's electricity consumption on-site.

2261

(3) On or before January 1, 2006, each public utility must

2262

continuously offer a purchase contract to producers of renewable

2263

energy. The commission shall establish requirements relating to

2264

the purchase of capacity and energy by public utilities from

2265

renewable energy producers and may adopt rules to administer this

2266

section. The contract shall contain payment provisions for energy

2267

and capacity which are based upon the utility's full avoided

2268

costs, as defined in s. 366.051; however, capacity payments are

2269

not required if, due to the operational characteristics of the

2270

renewable energy generator or the anticipated peak and off-peak

2271

availability and capacity factor of the utility's avoided unit,

2272

the producer is unlikely to provide any capacity value to the

2273

utility or the electric grid during the contract term. Each

2274

contract must provide a contract term of at least 10 years.

2275

Prudent and reasonable costs associated with a renewable energy

2276

contract shall be recovered from the ratepayers of the

2277

contracting utility, without differentiation among customer

2278

classes, through the appropriate cost-recovery clause mechanism

2279

administered by the commission.

2280

(4) On or before January 1, 2006, each municipal electric

2281

utility and rural electric cooperative whose annual sales, as of

2282

July 1, 1993, to retail customers were greater than 2,000

2283

gigawatt hours must continuously offer a purchase contract to

2284

producers of renewable energy containing payment provisions for

2285

energy and capacity which are based upon the utility's or

2286

cooperative's full avoided costs, as determined by the governing

2287

body of the municipal utility or cooperative; however, capacity

2288

payments are not required if, due to the operational

2289

characteristics of the renewable energy generator or the

2290

anticipated peak and off-peak availability and capacity factor of

2291

the utility's avoided unit, the producer is unlikely to provide

2292

any capacity value to the utility or the electric grid during the

2293

contract term. Each contract must provide a contract term of at

2294

least 10 years.

2295

(5) On or before January 1, 2009, each public utility must

2296

develop a standardized interconnection agreement and net metering

2297

program for customer-owned renewable generation. The commission

2298

shall establish requirements relating to the expedited

2299

interconnection and net metering of customer-owned renewable

2300

generation by public utilities and may adopt rules to administer

2301

this section.

2302

(6) On or before July 1, 2009, each municipal electric

2303

utility and each rural electric cooperative that sells

2304

electricity at retail must develop a standardized interconnection

2305

agreement and net metering program for customer-owned renewable

2306

generation. Each governing authority shall establish

2307

requirements relating to the expedited interconnection and net

2308

metering of customer-owned generation. By April 1 of each year,

2309

each municipal electric utility and rural electric cooperative

2310

utility serving retail customers shall file a report with the

2311

commission detailing customer participation in the

2312

interconnection and net metering program, including but not

2313

limited to the number and total capacity of interconnected

2314

generating systems and the total energy net metered in the

2315

previous year.

2316

(7)(5) A contracting producer of renewable energy must pay

2317

the actual costs of its interconnection with the transmission

2318

grid or distribution system.

2319

Section 33. Section 366.92, Florida Statutes, is amended to

2320

read:

2321

366.92 Florida renewable energy policy.--

2322

(1) It is the intent of the Legislature to promote the

2323

development of renewable energy; protect the economic viability

2324

of Florida's existing renewable energy facilities; diversify the

2325

types of fuel used to generate electricity in Florida; lessen

2326

Florida's dependence on natural gas and fuel oil for the

2327

production of electricity; minimize the volatility of fuel costs;

2328

encourage investment within the state; improve environmental

2329

conditions; and, at the same time, minimize the costs of power

2330

supply to electric utilities and their customers.

2331

(2) For the purposes of this section, "Florida renewable

2332

energy resources" shall mean renewable energy, as defined in s.

2333

377.803, that is produced in Florida.

2334

(3) As used in this section, the term:

2335

(a) "Renewable energy credit" or "REC" means a product that

2336

represents the unbundled, separable, and renewable attribute of

2337

renewable energy produced in Florida and is equivalent to 1

2338

megawatt-hour of electricity generated by a source of renewable

2339

energy located in Florida.

2340

(b) "Provider" means an electric utility or utility as

2341

defined in s. 366.8255(1)(a).

2342

2343

that uses one or more of the following fuels or energy sources:

2344

solar thermal, solar hot water, geothermal energy, or as provided

2345

in s. 366.91(2)(b).

2346

(d) "Renewable portfolio standard" or "RPS" means the

2347

minimum percentage of total annual retail electricity sales by a

2348

provider to consumers in Florida, which shall be supplied by

2349

renewable energy produced in Florida.

2350

(4)(a) The commission shall adopt rules for a renewable

2351

portfolio standard requiring each provider to supply renewable

2352

energy to its customers, whether directly, by procurement, or

2353

through renewable energy credits. In developing the RPS rule, the

2354

commission shall consult the Department of Environmental

2355

Protection and the Florida Energy and Climate Commission. The

2356

commission shall present a draft rule for legislative

2357

consideration by February 1, 2009. The rule may not be

2358

implemented until ratified by the Legislature.

2359

(b) In developing the rule, the commission shall evaluate

2360

the current and forecasted levelized cost in cents per kilowatt

2361

hour through 2020 and current and forecasted installed capacity

2362

in kilowatts for each renewable energy generation method through

2363

2020.

2364

2365

the cost of compliance with the portfolio standard, whether

2366

through direct supply, through the procurement of renewable

2367

power, or through the purchase of renewable energy credits. The

2368

commission shall have rulemaking authority for providing annual

2369

cost recovery and incentive-based adjustments to authorized rates

2370

of return on common equity to providers to incentivize renewable

2371

energy. Notwithstanding s. 366.91(3) and (4), upon the effective

2372

date of the rule, the commission is authorized to approve

2373

projects and power sales agreements with renewable power

2374

producers, and the sale of renewable energy credits which are

2375

needed to comply with the RPS. In the event of any conflict,

2376

this section shall supersede s. 366.91(3) and (4).

2377

(d) The commission's rule shall provide for appropriate

2378

compliance measures and the conditions under which compliance

2379

shall be excused due to a determination by the commission that

2380

the supply of renewable energy or renewable energy credits was

2381

not adequate to satisfy the demand for such energy, or that the

2382

cost of securing renewable energy or renewable energy credits was

2383

cost-prohibitive.

2384

(e) The commission's rule shall provide added weight to

2385

energy provided by wind and solar energy over other forms of

2386

renewable energy, whether directly supplied, procured, or

2387

indirectly obtained through the purchase of renewable energy

2388

credits.

2389

(f) The commission's rule shall determine an appropriate

2390

period of time for which renewable energy credits may be used for

2391

purposes of compliance with the renewable portfolio standard.

2392

(g) The commission's rule shall:

2393

1. Determine an appropriate period of time for which

2394

renewable energy credits may be used for purposes of compliance

2395

with the renewable portfolio standard.

2396

2. Provide for the monitoring of compliance with and

2397

enforcement of the requirements of this section.

2398

3. Ensure that energy credited toward compliance with the

2399

provisions of this section are not credited toward any other

2400

purpose.

2401

4. Develop procedures to track and account for renewable

2402

energy credits, including ownership of renewable energy credits

2403

that are derived from a customer-owned renewable energy facility

2404

as a result of any action by a customer of an electric power

2405

supplier that is independent of a program sponsored by the

2406

electric power supplier.

2407

(h) The commission's rule shall provide for the conditions

2408

and options for the repeal or alteration of the rule in the event

2409

that new provisions of federal law supplant or conflict with the

2410

rule.

2411

(i) Beginning on April 1 of the year following the

2412

effective date of the rule, each provider shall submit a report

2413

to the commission describing the steps that have been taken in

2414

the previous year and the steps that will be taken in the future

2415

to add renewable energy to the provider's energy supply

2416

portfolio. The report shall state whether the provider was in

2417

compliance with the RPS during the previous year and how it will

2418

comply with the RPS in the upcoming year.

2419

(5) In order to demonstrate the feasibility and viability

2420

of clean energy systems, the commission shall provide for full

2421

cost recovery under the environmental cost-recovery clause of all

2422

reasonable and prudent costs incurred by a provider for renewable

2423

energy projects that are zero greenhouse gas emitting at the

2424

point of generation, up to a total of 110 megawatts statewide,

2425

and for which the provider has secured necessary land, zoning

2426

permits, and transmission rights within the state. Such costs

2427

shall be deemed reasonable and prudent for purposes of cost

2428

recovery so long as the provider has used reasonable and

2429

customary industry practices in the design, procurement, and

2430

construction of the project in a cost-effective manner

2431

appropriate to the location of the facility. The provider shall

2432

report to the commission as part of the cost-recovery proceedings

2433

the construction costs, in-service costs, operating and

2434

maintenance costs, hourly energy production of the renewable

2435

energy project, and any other information deemed relevant by the

2436

commission. Any provider constructing a clean energy facility

2437

pursuant to this section shall file for cost recovery no later

2438

than July 1, 2009.

2439

(6) Each municipal electric utility and rural electric

2440

cooperative shall develop standards for the promotion,

2441

encouragement, and expansion of the use of renewable energy

2442

resources and energy conservation and efficiency measures. On or

2443

before April 1, 2009, and annually thereafter, each municipal

2444

electric utility and electric cooperative shall submit to the

2445

commission a report that identifies such standards.

2446

(7) No provision in this section shall be construed to

2447

impede or impair terms and conditions in existing contracts.

2448

(3) The commission may adopt appropriate goals for

2449

increasing the use of existing, expanded, and new Florida

2450

renewable energy resources. The commission may change the goals.

2451

The commission may review and reestablish the goals at least once

2452

every 5 years.

2453

(8)(4) The commission shall adopt rules to administer and

2454

implement the provisions of this section.

2455

Section 34. Section 366.93, Florida Statutes, is amended to

2456

read:

2457

366.93 Cost recovery for the siting, design, licensing, and

2458

construction of nuclear and integrated gasification combined

2459

cycle power plants.--

2460

(1) As used in this section, the term:

2461

(a) "Cost" includes, but is not limited to, all capital

2462

investments, including rate of return, any applicable taxes, and

2463

all expenses, including operation and maintenance expenses,

2464

related to or resulting from the siting, licensing, design,

2465

construction, or operation of the nuclear power plant and any

2466

new, enlarged, or relocated electrical transmission lines or

2467

facilities of any size which are necessary to serve the nuclear

2468

or integrated gasification combined cycle power plant.

2469

(b) "Electric utility" or "utility" has the same meaning as

2470

that provided in s. 366.8255(1)(a).

2471

2472

"plant" is an electrical power plant as defined in s. 403.503(14)

2473

which s. 403.503(13) that uses synthesis gas produced by

2474

integrated gasification technology.

2475

(c)(d) "Nuclear power plant" or "plant" means is an

2476

electrical power plant, as defined in s. 403.503(14), which s.

2477

403.503(13) that uses nuclear materials for fuel.

2478

(d)(e) "Power plant" or "plant" means a nuclear power plant

2479

or an integrated gasification combined cycle power plant.

2480

(e)(f) "Preconstruction" is that period of time after a

2481

site, including any related electrical transmission lines or

2482

facilities, has been selected through and including the date the

2483

utility completes site-clearing site clearing work.

2484

Preconstruction costs shall be afforded deferred accounting

2485

treatment and shall accrue a carrying charge equal to the

2486

utility's allowance for funds during construction (AFUDC) rate

2487

until recovered in rates.

2488

(2) Within 6 months after the enactment of this act, the

2489

commission shall establish, by rule, alternative cost recovery

2490

mechanisms for the recovery of costs incurred in the siting,

2491

design, licensing, and construction of a nuclear power plant,

2492

including new, expanded, or relocated electrical transmission

2493

lines and facilities that are necessary to serve the nuclear or

2494

integrated gasification combined cycle power plant. Such

2495

mechanisms shall be designed to promote utility investment in

2496

nuclear or integrated gasification combined cycle power plants

2497

and allow for the recovery in rates of all prudently incurred

2498

costs, and shall include, but need are not be limited to:

2499

(a) Recovery through the capacity cost recovery clause of

2500

any preconstruction costs.

2501

(b) Recovery through an incremental increase in the

2502

utility's capacity cost recovery clause rates of the carrying

2503

costs on the utility's projected construction cost balance

2504

associated with the nuclear or integrated gasification combined

2505

cycle power plant. To encourage investment and provide certainty,

2506

for nuclear or integrated gasification combined cycle power plant

2507

need petitions submitted on or before December 31, 2010,

2508

associated carrying costs shall be equal to the pretax AFUDC in

2509

effect upon this act becoming law. For nuclear or integrated

2510

gasification combined cycle power plants for which need petitions

2511

are submitted after December 31, 2010, the utility's existing

2512

pretax AFUDC rate is presumed to be appropriate unless determined

2513

otherwise by the commission in the determination of need for the

2514

nuclear or integrated gasification combined cycle power plant.

2515

(3) After a petition for determination of need is granted,

2516

a utility may petition the commission for cost recovery as

2517

permitted by this section and commission rules.

2518

(4) When the nuclear or integrated gasification combined

2519

cycle power plant is placed in commercial service, the utility

2520

shall be allowed to increase its base rate charges by the

2521

projected annual revenue requirements of the nuclear or

2522

integrated gasification combined cycle power plant based on the

2523

jurisdictional annual revenue requirements of the plant for the

2524

first 12 months of operation. The rate of return on capital

2525

investments shall be calculated using the utility's rate of

2526

return last approved by the commission prior to the commercial

2527

inservice date of the nuclear or integrated gasification combined

2528

cycle power plant. If any existing generating plant is retired as

2529

a result of operation of the nuclear or integrated gasification

2530

combined cycle power plant, the commission shall allow for the

2531

recovery, through an increase in base rate charges, of the net

2532

book value of the retired plant over a period not to exceed 5

2533

years.

2534

(5) The utility shall report to the commission annually the

2535

budgeted and actual costs as compared to the estimated inservice

2536

cost of the nuclear or integrated gasification combined cycle

2537

power plant provided by the utility pursuant to s. 403.519(4),

2538

until the commercial operation of the nuclear or integrated

2539

gasification combined cycle power plant. The utility shall

2540

provide such information on an annual basis following the final

2541

order by the commission approving the determination of need for

2542

the nuclear or integrated gasification combined cycle power

2543

plant, with the understanding that some costs may be higher than

2544

estimated and other costs may be lower.

2545

(6) If In the event the utility elects not to complete or

2546

is precluded from completing construction of the nuclear power

2547

plant, including any new, expanded, or relocated electrical

2548

transmission lines or facilities or integrated gasification

2549

combined cycle power plant, the utility shall be allowed to

2550

recover all prudent preconstruction and construction costs

2551

incurred following the commission's issuance of a final order

2552

granting a determination of need for the nuclear power plant and

2553

electrical transmission lines and facilities or integrated

2554

gasification combined cycle power plant. The utility shall

2555

recover such costs through the capacity cost recovery clause over

2556

a period equal to the period during which the costs were incurred

2557

or 5 years, whichever is greater. The unrecovered balance during

2558

the recovery period will accrue interest at the utility's

2559

weighted average cost of capital as reported in the commission's

2560

earnings surveillance reporting requirement for the prior year.

2561

Section 35. Section 377.601, Florida Statutes, is amended

2562

to read:

2563

377.601 Legislative intent.--

2564

(1) The Legislature finds that this state's energy security

2565

can be increased by lessening dependence on foreign oil, that the

2566

impacts of global climate change can be reduced through the

2567

reduction of greenhouse gas emissions, and that the

2568

implementation of alternative energy technologies can be the

2569

source of new jobs and employment opportunities for many

2570

Floridians. The Legislature further finds that this state is

2571

positioned at the front line against potential impacts of global

2572

climate change. Human and economic costs of those impacts can be

2573

averted and, where necessary, adapted to by a concerted effort to

2574

make this state's communities more resilient and less vulnerable

2575

to these impacts. In focusing the government's policy and efforts

2576

to protect this state, its residents, and resources, the

2577

Legislature believes that a single government entity that has

2578

energy and climate change as its specific focus is both desirable

2579

and advantageous. the ability to deal effectively with present

2580

shortages of resources used in the production of energy is

2581

aggravated and intensified because of inadequate or nonexistent

2582

information and that intelligent response to these problems and

2583

to the development of a state energy policy demands accurate and

2584

relevant information concerning energy supply, distribution, and

2585

use. The Legislature finds and declares that a procedure for the

2586

collection and analysis of data on the energy flow in this state

2587

is essential to the development and maintenance of an energy

2588

profile defining the characteristics and magnitudes of present

2589

and future energy demands and availability so that the state may

2590

rationally deal with present energy problems and anticipate

2591

future energy problems.

2592

(2) The Legislature further recognizes that every state

2593

official dealing with energy problems should have current and

2594

reliable information on the types and quantity of energy

2595

resources produced, imported, converted, distributed, exported,

2596

stored, held in reserve, or consumed within the state.

2597

(3) It is the intent of the Legislature in the passage of

2598

this act to provide the necessary mechanisms for the effective

2599

development of information necessary to rectify the present lack

2600

of information which is seriously handicapping the state's

2601

ability to deal effectively with the energy problem. To this end,

2602

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

2603

broadest possible interpretation consistent with the stated

2604

legislative desire to procure vital information.

2605

(2)(4) It is the policy of the State of Florida to:

2606

(a) Recognize and address the potential impacts of global

2607

climate change wherever possible. Develop and promote the

2608

effective use of energy in the state and discourage all forms of

2609

energy waste.

2610

(b) Play a leading role in developing and instituting

2611

energy management programs aimed at promoting energy

2612

conservation, energy security, and the reduction of greenhouse

2613

gas emissions.

2614

2615

and local planning.

2616

(d) Utilize and manage effectively energy resources used

2617

within state agencies.

2618

(e) Encourage local governments to include energy

2619

considerations in all planning and to support their work in

2620

promoting energy management programs.

2621

(f) Include the full participation of citizens in the

2622

development and implementation of energy programs.

2623

(g) Consider in its decisions the energy needs of each

2624

economic sector, including residential, industrial, commercial,

2625

agricultural, and governmental uses, and to reduce those needs

2626

whenever possible.

2627

(h) Promote energy education and the public dissemination

2628

of information on energy and its environmental, economic, and

2629

social impact.

2630

(i) Encourage the research, development, demonstration, and

2631

application of alternative energy resources, particularly

2632

renewable energy resources.

2633

(j) Consider, in its decisionmaking, the social, economic,

2634

security, and environmental impacts of energy-related activities,

2635

including the whole life-cycle impacts of any potential energy

2636

use choices, so that detrimental effects of these activities are

2637

understood and minimized.

2638

(k) Develop and maintain energy emergency preparedness

2639

plans to minimize the effects of an energy shortage within

2640

Florida.

2641

Section 36. The State Energy Program, as authorized and

2642

governed by ss. 20.255, 288.041, 377.601-377.608, 377.701,

2643

377.703, and 377.801-377.806, Florida Statutes, is transferred by

2644

a type two transfer as defined in s. 20.06(2), Florida Statutes,

2645

from the Department of Environmental Protection to the Florida

2646

Energy and Climate Commission.

2647

Section 37. Section 377.6015, Florida Statutes, is created

2648

to read:

2649

377.6015 Florida Energy and Climate Commission.--

2650

(1) The Florida Energy and Climate Commission is created

2651

and shall be located within the Executive Office of the Governor.

2652

The commission shall be comprised of nine members, and shall be

2653

appointed by the Governor, the Commissioner of Agriculture, and

2654

the Chief Financial Officer as follows.

2655

(a) The Governor shall select from three persons nominated

2656

by the Florida Public Service Commission Nominating Council,

2657

created in s. 350.031, for each of seven seats on the commission.

2658

The Commissioner of Agriculture shall select from three persons

2659

nominated by the council for one seat on the commission. The

2660

Chief Financial Officer shall select from three persons nominated

2661

by the council for one seat on the commission.

2662

1. The council shall submit recommendations to the

2663

Governor, the Commissioner of Agriculture, and the Chief

2664

Financial Officer by September 1 of those years in which the

2665

terms are to begin the following October, or within 60 days after

2666

a vacancy occurs for any reason other than the expiration of a

2667

term. The Governor, the Commissioner of Agriculture, and the

2668

Chief Financial Officer may proffer names of persons to be

2669

considered for nomination by the council.

2670

2. The Governor, the Commissioner of Agriculture, and the

2671

Chief Financial Officer shall fill a vacancy occurring on the

2672

commission by appointment of one of the applicants nominated by

2673

the council only after a background investigation of the

2674

applicant has been conducted by the Department of Law

2675

Enforcement.

2676

3. Members shall be appointed to 3-year terms; however, in

2677

order to establish staggered terms, for the initial appointments,

2678

the Governor shall appoint four members to 3-year terms, two

2679

members to 2-year terms, and one member to a 1-year term. The

2680

Commissioner of Agriculture and the Chief Financial Officer shall

2681

appoint a member each for 3-year terms and shall appoint a

2682

successor when that appointee's term expires in the same manner

2683

as provided in this paragraph and paragraph (b).

2684

4. The Governor shall select the chair of the commission

2685

from one of the nine persons appointed to the commission.

2686

5. Vacancies on the commission shall be filled for the

2687

unexpired portion of the term in the same manner as original

2688

appointments to the commission.

2689

6. If the Governor, the Commissioner of Agriculture, and

2690

the Chief Financial Officer have not made an appointment within

2691

30 days after the receipt of the recommendations, the council

2692

shall initiate, in accordance with this section, the nominating

2693

process within 30 days.

2694

7. Each appointment to the commission is subject to

2695

confirmation by the Senate during the next regular session after

2696

the vacancy occurs. If the Senate refuses to confirm or fails to

2697

consider an appointment, the council shall initiate, in

2698

accordance with this section, the nominating process within 30

2699

days.

2700

(b) Members must meet the following qualifications and

2701

restrictions:

2702

1. A member must be an expert in one or more of the

2703

following fields: energy, natural resource conservation,

2704

economics, engineering, finance, law, transportation and land

2705

use, consumer protection, state energy policy, or another field

2706

substantially related to the duties and functions of the

2707

commission. The commission shall fairly represent the fields

2708

specified in this subparagraph.

2709

2. Each member shall, at the time of appointment and at

2710

each commission meeting during his or her term of office,

2711

disclose:

2712

a. Whether he or she has any financial interest, other than

2713

ownership of shares in a mutual fund, in any business entity

2714

that, directly or indirectly, owns or controls, or is an

2715

affiliate or subsidiary of, any business entity that may be

2716

affected by the policy recommendations developed by the

2717

commission.

2718

b. Whether he or she is employed by or is engaged in any

2719

business activity with any business entity that, directly or

2720

indirectly, owns or controls, or is an affiliate or subsidiary

2721

of, any business entity that may be affected by the policy

2722

recommendations developed by the commission.

2723

2724

provide information and advice to the commission. The following

2725

shall serve as ex officio nonvoting members and may provide

2726

information and advice at the request of the chair:

2727

1. The chair of the Florida Public Service Commission, or

2728

designee;

2729

2. The Public Counsel, or designee;

2730

3. A representative of the Department of Agriculture and

2731

Consumer Services;

2732

4. A representative of the Department of Financial

2733

Services;

2734

5. A representative of the Department of Environmental

2735

Protection;

2736

6. A representative of the Department of Community Affairs;

2737

7. A representative of the Board of Governors of the State

2738

University System; and

2739

8. A representative of the Department of Transportation.

2740

(2) Members shall serve without compensation, but are

2741

entitled to reimbursement for per diem and travel expenses as

2742

provided in s. 112.061.

2743

(3) Meetings of the commission may be held in various

2744

locations around the state and at the call of the chair; however,

2745

the commission must meet at least six times each year.

2746

(4) The commission may:

2747

(a) Employ staff and counsel as needed in the performance

2748

of its duties.

2749

(b) Prosecute and defend legal actions in its own name.

2750

2751

public to provide information on specific issues.

2752

(5) The commission shall:

2753

(a) Administer the Florida Renewable Energy and Energy

2754

Efficient Technologies Grant Program authorized under s. 377.804

2755

to assure a robust grant portfolio.

2756

(b) Develop policies that require grantees to provide

2757

royalty-sharing or licensing agreements with state government for

2758

commercialized products developed under a state grant.

2759

2760

pursuant to s. 377.808 and set annual priorities for grants.

2761

(d) Administer the information gathering and reporting

2762

functions pursuant to ss. 377.601-377.608.

2763

(e) Administer the petroleum planning and emergency

2764

contingency planning pursuant to ss. 377.701 and 377.703-377.704.

2765

(f) Represent Florida in the Southern States Energy Compact

2766

pursuant to ss. 377.71-377.712.

2767

(g) Upon completion by the Governor's Action Team on Energy

2768

and Climate Change, complete the annual assessment of the

2769

efficacy of Florida's Energy and Climate Change Action Plan

2770

pursuant to the Governor's Executive Order 2007-128 and provide

2771

specific recommendations to the Governor and the Legislature each

2772

year to improve results.

2773

(h) Administer the provisions of the Florida Energy and

2774

Climate Protection Act pursuant to ss. 377.801-377.806.

2775

(i) Advocate for energy and climate change issues and

2776

provide educational outreach and technical assistance in

2777

cooperation with Florida's academic institutions.

2778

(j) Be a party in the proceedings to adopt goals and submit

2779

comments to the Public Service Commission pursuant to s. 366.82.

2780

(k) Adopt rules pursuant to chapter 120 to administer all

2781

powers and duties described in this section.

2782

Section 38. Section 377.602, Florida Statutes, is amended

2783

to read:

2784

377.602 Definitions.--As used in ss. 377.601-377.608, the

2785

term:

2786

(1) "Commission" means the Florida Energy and Climate

2787

Commission.

2788

(2) "Department" means the Department of Environmental

2789

Protection.

2790

(3)(1) "Energy resources" includes, but is shall not be

2791

limited to:

2792

(a) Energy converted from solar radiation, wind, hydraulic

2793

potential, tidal movements, biomass, geothermal sources, and

2794

other energy resources the commission determines to be important

2795

to the production or supply of energy.

2796

(b)(a) Propane, butane, motor gasoline, kerosene, home

2797

heating oil, diesel fuel, other middle distillates, aviation

2798

gasoline, kerosene-type jet fuel, naphtha-type jet fuel, residual

2799

fuels, crude oil, and other petroleum products and hydrocarbons

2800

as may be determined by the department to be of importance.

2801

(c)(b) All natural gas, including casinghead gas, all other

2802

hydrocarbons not defined as petroleum products in paragraph (a),

2803

and liquefied petroleum gas as defined in s. 527.01.

2804

(d)(c) All types of coal and products derived from its

2805

conversion and used as fuel.

2806

(e)(d) All types of nuclear energy, special nuclear

2807

material, and source material, as defined in s. 290.07.

2808

(e) Every other energy resource, whether natural or manmade

2809

which the department determines to be important to the production

2810

or supply of energy, including, but not limited to, energy

2811

converted from solar radiation, wind, hydraulic potential, tidal

2812

movements, and geothermal sources.

2813

(f) All electrical energy.

2814

(2) "Department" means the Department of Environmental

2815

Protection.

2816

(4)(3) "Person" means producer, refiner, wholesaler,

2817

marketer, consignee, jobber, distributor, storage operator,

2818

importer, exporter, firm, corporation, broker, cooperative,

2819

public utility as defined in s. 366.02, rural electrification

2820

cooperative, municipality engaged in the business of providing

2821

electricity or other energy resources to the public, pipeline

2822

company, person transporting any energy resources as defined in

2823

subsection (1), and person holding energy reserves for further

2824

production; however, the term "person" does not include persons

2825

exclusively engaged in the retail sale of petroleum products.

2826

Section 39. Section 377.603, Florida Statutes, is amended

2827

to read:

2828

377.603 Energy data collection; powers and duties of the

2829

commission Department of Environmental Protection.--

2830

(1) The commission may department shall collect data on the

2831

extraction, production, importation, exportation, refinement,

2832

transportation, transmission, conversion, storage, sale, or

2833

reserves of energy resources in this state in an efficient and

2834

expeditious manner.

2835

(2) The commission may department shall prepare periodic

2836

reports of energy data it collects.

2837

(3) The department shall prescribe and furnish forms for

2838

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

2839

and shall consult with other state entities to assure that such

2840

data collected will meet their data requirements.

2841

(3)(4) The commission department may adopt and promulgate

2842

such rules and regulations as are necessary to carry out the

2843

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

2844

to chapter 120.

2845

(4)(5) The commission department shall maintain internal

2846

validation procedures to assure the accuracy of information

2847

received.

2848

Section 40. Section 377.604, Florida Statutes, is amended

2849

to read:

2850

377.604 Required reports.--Every person who produces,

2851

imports, exports, refines, transports, transmits, converts,

2852

stores, sells, or holds known reserves of any form of energy

2853

resources used as fuel shall report to the commission at the

2854

commission's request department at a frequency set, and in a

2855

manner prescribed, by the commission department, on forms

2856

provided by the commission department and prepared with the

2857

advice of representatives of the energy industry. Such forms

2858

shall be designed in such a manner as to indicate:

2859

(1) The identity of the person or persons making the

2860

report.

2861

(2) The quantity of energy resources extracted, produced,

2862

imported, exported, refined, transported, transmitted, converted,

2863

stored, or sold except at retail.

2864

(3) The quantity of energy resources known to be held in

2865

reserve in the state.

2866

(4) The identity of each refinery from which petroleum

2867

products have normally been obtained and the type and quantity of

2868

products secured from that refinery for sale or resale in this

2869

state.

2870

(5) Any other information which the commission department

2871

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

2872

Section 41. Section 377.605, Florida Statutes, is amended

2873

to read:

2874

377.605 Use of existing information.--The commission may

2875

use department shall utilize to the fullest extent possible any

2876

existing energy information already prepared for state or federal

2877

agencies. Every state, county, and municipal agency shall

2878

cooperate with the commission department and shall submit any

2879

information on energy to the commission department upon request.

2880

Section 42. Section 377.606, Florida Statutes, is amended

2881

to read:

2882

377.606 Records of the commission department; limits of

2883

confidentiality.--The information or records of individual

2884

persons, as defined herein, obtained by the commission department

2885

as a result of a report, investigation, or verification required

2886

by the commission department, shall be open to the public, except

2887

such information the disclosure of which would be likely to cause

2888

substantial harm to the competitive position of the person

2889

providing such information and which is requested to be held

2890

confidential by the person providing such information. Such

2891

proprietary information is confidential and exempt from the

2892

provisions of s. 119.07(1). Information reported by entities

2893

other than the commission department in documents or reports open

2894

to public inspection may not shall under no circumstances be

2895

classified as confidential by the commission department.

2896

Divulgence of proprietary information as is requested to be held

2897

confidential, except upon order of a court of competent

2898

jurisdiction or except to an officer of the state entitled to

2899

receive the same in his or her official capacity, is shall be a

2900

misdemeanor of the second degree, punishable as provided in ss.

2901

775.082 and 775.083. Nothing herein shall be construed to

2902

prohibit the publication or divulgence by other means of data so

2903

classified as to prevent identification of particular accounts or

2904

reports made to the commission department in compliance with s.

2905

377.603 or to prohibit the disclosure of such information to

2906

properly qualified legislative committees. The commission

2907

department shall establish a system which permits reasonable

2908

access to information developed.

2909

Section 43. Section 377.701, Florida Statutes, is amended

2910

to read:

2911

377.701 Petroleum allocation.--

2912

(1) The Florida Energy and Climate Commission Department of

2913

Environmental Protection shall assume the state's role in

2914

petroleum allocation and conservation, including the development

2915

of a fair and equitable petroleum plan. The commission department

2916

shall constitute the responsible state agency for performing the

2917

functions of any federal program delegated to the state, which

2918

relates to petroleum supply, demand, and allocation.

2919

(2) The commission department shall, in addition to

2920

assuming the duties and responsibilities provided by subsection

2921

(1), perform the following:

2922

(a) In projecting available supplies of petroleum,

2923

coordinate with the Department of Revenue to secure information

2924

necessary to assure the sufficiency and accuracy of data

2925

submitted by persons affected by any federal fuel allocation

2926

program.

2927

(b) Require such periodic reports from public and private

2928

sources as may be necessary to the fulfillment of its

2929

responsibilities under this act. Such reports may include:

2930

petroleum use; all sales, including end-user sales, except retail

2931

gasoline and retail fuel oil sales; inventories; expected

2932

supplies and allocations; and petroleum conservation measures.

2933

2934

relevant state agencies, provide for long-range studies regarding

2935

the usage of petroleum in the state in order to:

2936

1. Comprehend the consumption of petroleum resources.

2937

2. Predict future petroleum demands in relation to

2938

available resources.

2939

3. Report the results of such studies to the Legislature.

2940

(3) For the purpose of determining accuracy of data, all

2941

state agencies shall timely provide the commission department

2942

with petroleum-use information in a format suitable to the needs

2943

of the allocation program.

2944

(4) A No state employee may not shall divulge or make known

2945

in any manner any proprietary information acquired under this act

2946

if the disclosure of such information would be likely to cause

2947

substantial harm to the competitive position of the person

2948

providing such information and if the person requests that such

2949

information be held confidential, except in accordance with a

2950

court order or in the publication of statistical information

2951

compiled by methods which do would not disclose the identity of

2952

individual suppliers or companies. Such proprietary information

2953

is confidential and exempt from the provisions of s. 119.07(1).

2954

Nothing in this subsection shall be construed to prevent

2955

inspection of reports by the Attorney General, members of the

2956

Legislature, and interested state agencies; however, such

2957

agencies and their employees and members are bound by the

2958

requirements set forth in this subsection.

2959

(5) Any person who willfully fails to submit information

2960

required by this act or submits false information or who violates

2961

any provision of this act commits is guilty of a misdemeanor of

2962

the first degree and shall be punished as provided in ss. 775.082

2963

and 775.083.

2964

Section 44. Section 377.703, Florida Statutes, is amended

2965

to read:

2966

377.703 Additional functions of the commission Department

2967

of Environmental Protection; energy emergency contingency plan;

2968

federal and state conservation programs.--

2969

(1) LEGISLATIVE INTENT.--Recognizing that energy supply and

2970

demand questions have become a major area of concern to the state

2971

and which must be dealt with by effective and well-coordinated

2972

state action, it is the intent of the Legislature to promote the

2973

efficient, effective, and economical management of energy

2974

problems, centralize energy coordination responsibilities,

2975

pinpoint responsibility for conducting energy programs, and

2976

ensure the accountability of state agencies for the

2977

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

2978

the specific intent of the Legislature that nothing in this act

2979

shall in any way change the powers, duties, and responsibilities

2980

assigned by the Florida Electrical Power Plant Siting Act, part

2981

II of chapter 403, or the powers, duties, and responsibilities of

2982

the Florida Public Service Commission.

2983

(2) DEFINITIONS.--

2984

(a) "Coordinate," "coordination," or "coordinating" means

2985

the examination and evaluation of state plans and programs and

2986

the providing of recommendations to the Cabinet, Legislature, and

2987

appropriate state agency on any measures deemed necessary to

2988

ensure that such plans and programs are consistent with state

2989

energy policy.

2990

(b) "Energy conservation" means increased efficiency in the

2991

utilization of energy.

2992

2993

shortage or curtailment of usable, necessary energy resources,

2994

such that the maintenance of necessary services, the protection

2995

of public health, safety, and welfare, or the maintenance of

2996

basic sound economy is imperiled in any geographical section of

2997

the state or throughout the entire state.

2998

(d) "Energy source" means electricity, fossil fuels, solar

2999

power, wind power, hydroelectric power, nuclear power, or any

3000

other resource which has the capacity to do work.

3001

(e) "Facilities" means any building or structure not

3002

otherwise exempted by the provisions of this act.

3003

(f) "Fuel" means petroleum, crude oil, petroleum product,

3004

coal, natural gas, or any other substance used primarily for its

3005

energy content.

3006

(g) "Local government" means any county, municipality,

3007

regional planning agency, or other special district or local

3008

governmental entity the policies or programs of which may affect

3009

the supply or demand, or both, for energy in the state.

3010

(h) "Promotion" or "promote" means to encourage, aid,

3011

assist, provide technical and financial assistance, or otherwise

3012

seek to plan, develop, and expand.

3013

(i) "Regional planning agency" means those agencies

3014

designated as regional planning agencies by the Department of

3015

Community Affairs.

3016

(j) "Renewable energy resource" means any method, process,

3017

or substance the use of which does not diminish its availability

3018

or abundance, including, but not limited to, biomass conversion,

3019

geothermal energy, solar energy, wind energy, wood fuels derived

3020

from waste, ocean thermal gradient power, hydroelectric power,

3021

and fuels derived from agricultural products.

3022

(2)(3) FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF

3023

ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of

3024

Environmental Protection shall, in addition to assuming the

3025

duties and responsibilities provided by ss. 20.255 and 377.701,

3026

perform the following functions consistent with the development

3027

of a state energy policy:

3028

(a) The commission department shall assume the

3029

responsibility for development of an energy emergency contingency

3030

plan to respond to serious shortages of primary and secondary

3031

energy sources. Upon a finding by the Governor, implementation of

3032

any emergency program shall be upon order of the Governor that a

3033

particular kind or type of fuel is, or that the occurrence of an

3034

event which is reasonably expected within 30 days will make the

3035

fuel, in short supply. The commission department shall then

3036

respond by instituting the appropriate measures of the

3037

contingency plan to meet the given emergency or energy shortage.

3038

The Governor may use utilize the provisions of s. 252.36(5) to

3039

carry out any emergency actions required by a serious shortage of

3040

energy sources.

3041

(b) The commission department shall be constitute the

3042

responsible state agency for performing or coordinating the

3043

functions of any federal energy programs delegated to the state,

3044

including energy supply, demand, conservation, or allocation.

3045

3046

proposed federal energy programs and make recommendations

3047

regarding those programs to the Governor.

3048

(d) The commission department shall coordinate efforts to

3049

seek federal support or other support for state energy

3050

activities, including energy conservation, research, or

3051

development, and shall be the state agency responsible for the

3052

coordination of multiagency energy conservation programs and

3053

plans.

3054

(e) The commission department shall analyze energy data

3055

collected and prepare long-range forecasts of energy supply and

3056

demand in coordination with the Florida Public Service

3057

Commission, which shall have responsibility for electricity and

3058

natural gas forecasts. To this end, the forecasts shall contain:

3059

1. An analysis of the relationship of state economic growth

3060

and development to energy supply and demand, including the

3061

constraints to economic growth resulting from energy supply

3062

constraints.

3063

2. Plans for the development of renewable energy resources

3064

and reduction in dependence on depletable energy resources,

3065

particularly oil and natural gas, and an analysis of the extent

3066

to which renewable energy sources are being utilized in the

3067

state.

3068

3. Consideration of alternative scenarios of statewide

3069

energy supply and demand for 5, 10, and 20 years, to identify

3070

strategies for long-range action, including identification of

3071

potential social, economic, and environmental effects.

3072

4. An assessment of the state's energy resources, including

3073

examination of the availability of commercially developable and

3074

imported fuels, and an analysis of anticipated effects on the

3075

state's environment and social services resulting from energy

3076

resource development activities or from energy supply

3077

constraints, or both.

3078

(f) The commission department shall annually prepare and

3079

submit make a report, as requested by to the Governor and or the

3080

Legislature, reflecting its activities and making recommendations

3081

of policies for improvement of the state's response to energy

3082

supply and demand and its effect on the health, safety, and

3083

welfare of the people of Florida. The report shall include a

3084

report from the Florida Public Service Commission on electricity

3085

and natural gas and information on energy conservation programs

3086

conducted and under way in the past year and shall include

3087

recommendations for energy conservation programs for the state,

3088

including, but not limited to, the following factors:

3089

1. Formulation of specific recommendations for improvement

3090

in the efficiency of energy utilization in governmental,

3091

residential, commercial, industrial, and transportation sectors.

3092

2. Collection and dissemination of information relating to

3093

energy conservation.

3094

3. Development and conduct of educational and training

3095

programs relating to energy conservation.

3096

4. An analysis of the ways in which state agencies are

3097

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

3098

recommendations for better fulfilling this policy.

3099

(g) The commission is authorized department has authority

3100

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

3101

the provisions of this act.

3102

(h) The commission shall promote Promote the development

3103

and use of renewable energy resources, in conformance with the

3104

provisions of chapter 187 and s. 377.601, by:

3105

1. Establishing goals and strategies for increasing the use

3106

of solar energy in this state.

3107

2. Aiding and promoting the commercialization of solar

3108

energy technology, in cooperation with the Florida Solar Energy

3109

Center, Enterprise Florida, Inc., and any other federal, state,

3110

or local governmental agency which may seek to promote research,

3111

development, and demonstration of solar energy equipment and

3112

technology.

3113

3. Identifying barriers to greater use of solar energy

3114

systems in this state, and developing specific recommendations

3115

for overcoming identified barriers, with findings and

3116

recommendations to be submitted annually in the report to the

3117

Legislature required under paragraph (f).

3118

4. In cooperation with the Department of Environmental

3119

Protection, Department of Transportation, the Department of

3120

Community Affairs, Enterprise Florida, Inc., the Florida Solar

3121

Energy Center, and the Florida Solar Energy Industries

3122

Association, investigating opportunities, pursuant to the

3123

National Energy Policy Act of 1992 and the Housing and Community

3124

Development Act of 1992, and any subsequent federal legislation,

3125

for solar electric vehicles and other solar energy manufacturing,

3126

distribution, installation, and financing efforts which will

3127

enhance this state's position as the leader in solar energy

3128

research, development, and use.

3129

5. Undertaking other initiatives to advance the development

3130

and use of renewable energy resources in this state.

3131

3132

In the exercise of its responsibilities under this paragraph, the

3133

commission department shall seek the assistance of the solar

3134

energy industry in this state and other interested parties and is

3135

authorized to enter into contracts, retain professional

3136

consulting services, and expend funds appropriated by the

3137

Legislature for such purposes.

3138

(i) The commission department shall promote energy

3139

conservation in all energy use sectors throughout the state and

3140

shall constitute the state agency primarily responsible for this

3141

function. To this end, the department shall coordinate the energy

3142

conservation programs of all state agencies and review and

3143

comment on the energy conservation programs of all state

3144

agencies.

3145

(j) The commission department shall serve as the state

3146

clearinghouse for indexing and gathering all information related

3147

to energy programs in state universities, in private

3148

universities, in federal, state, and local government agencies,

3149

and in private industry and shall prepare and distribute such

3150

information in any manner necessary to inform and advise the

3151

citizens of the state of such programs and activities. This

3152

includes shall include developing and maintaining a current index

3153

and profile of all research activities, which shall be identified

3154

by energy area and may include a summary of the project, the

3155

amount and sources of funding, anticipated completion dates, or,

3156

in case of completed research, conclusions, recommendations, and

3157

applicability to state government and private sector functions.

3158

The commission department shall coordinate, promote, and respond

3159

to efforts by all sectors of the economy to seek financial

3160

support for energy activities. The commission department shall

3161

provide information to consumers regarding the anticipated

3162

energy-use and energy-saving characteristics of products and

3163

services in coordination with any federal, state, or local

3164

governmental agencies that as may provide such information to

3165

consumers.

3166

(k) The commission department shall coordinate energy-

3167

related programs of state government, including, but not limited

3168

to, the programs provided in this section. To this end, the

3169

commission department shall:

3170

1. Provide assistance to other state agencies, counties,

3171

municipalities, and regional planning agencies to further and

3172

promote their energy planning activities.

3173

2. Require, in cooperation with the Department of

3174

Management Services, all state agencies to operate state-owned

3175

and state-leased buildings in accordance with energy conservation

3176

standards as adopted by the Department of Management Services.

3177

Every 3 months, the Department of Management Services shall

3178

furnish the commission department data on agencies' energy

3179

consumption and emissions of greenhouse gases in a format

3180

prescribed by the commission. mutually agreed upon by the two

3181

departments.

3182

3. Promote the development and use of renewable energy

3183

resources, energy efficiency technologies, and conservation

3184

measures.

3185

4. Promote the recovery of energy from wastes, including,

3186

but not limited to, the use of waste heat, the use of

3187

agricultural products as a source of energy, and recycling of

3188

manufactured products. Such promotion shall be conducted in

3189

conjunction with, and after consultation with, the Department of

3190

Environmental Protection, the Florida Public Service Commission

3191

if where electrical generation or natural gas is involved, and

3192

any other relevant federal, state, or local governmental agency

3193

having responsibility for resource recovery programs.

3194

(l) The commission department shall develop, coordinate,

3195

and promote a comprehensive research plan for state programs.

3196

Such plan shall be consistent with state energy policy and shall

3197

be updated on a biennial basis.

3198

(m) In recognition of the devastation to the economy of

3199

this state and the dangers to the health and welfare of state

3200

residents of this state caused by severe hurricanes, Hurricane

3201

Andrew, and the potential for such impacts caused by other

3202

natural disasters, the commission department shall include in its

3203

energy emergency contingency plan and provide to the Florida

3204

Building Commission Department of Community Affairs for inclusion

3205

in the Florida Energy Efficiency Code for Building Construction

3206

state model energy efficiency building code specific provisions

3207

to facilitate the use of cost-effective solar energy technologies

3208

as emergency remedial and preventive measures for providing

3209

electric power, street lighting, and water heating service in the

3210

event of electric power outages.

3211

(3)(4) The commission department shall be responsible for

3212

the administration of the Coastal Energy Impact Program provided

3213

for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.

3214

Section 45. Paragraph (a) of subsection (2) of section

3215

377.705, Florida Statutes, is amended to read:

3216

377.705 Solar Energy Center; development of solar energy

3217

standards.--

3218

(2) LEGISLATIVE FINDINGS AND INTENT.--

3219

(a) The Legislature recognizes that if present trends

3220

continue, Florida will increase present energy consumption

3221

sixfold by the year 2000. Because of this dramatic increase and

3222

because existing domestic conventional energy resources will not

3223

provide sufficient energy to meet the nation's future needs, new

3224

sources of energy must be developed and applied. One such source,

3225

solar energy, has been in limited use in Florida for 30 years.

3226

Applications of incident solar energy, the use of solar radiation

3227

to provide energy for water heating, space heating, space

3228

cooling, and other uses, through suitable absorbing equipment on

3229

or near a residence or commercial structure, must be extensively

3230

expanded. Unfortunately, the initial costs with regard to the

3231

production of solar energy have been prohibitively expensive.

3232

However, because of increases in the cost of conventional fuel,

3233

certain applications of solar energy are becoming competitive,

3234

particularly when life-cycle costs are considered. It is the

3235

intent of the Legislature in formulating a sound and balanced

3236

energy policy for the state to encourage the development of an

3237

alternative energy capability in the form of incident solar

3238

energy.

3239

Section 46. Section 377.801, Florida Statutes, is amended

3240

to read:

3241

377.801 Short title.--Sections 377.801-377.806 may be cited

3242

as the "Florida Energy and Climate Protection Florida Renewable

3243

Energy Technologies and Energy Efficiency Act."

3244

Section 47. Section 377.802, Florida Statutes, is amended

3245

to read:

3246

377.802 Purpose.--This act is intended to provide

3247

incentives for Florida's citizens, businesses, school districts

3248

and local governments to take action to diversify Florida's

3249

energy supplies, reduce dependence on foreign oil, and mitigate

3250

the effects of climate change by providing funding for activities

3251

designed to achieve these goals. The grant programs in this act

3252

are intended to stimulate capital investment and enhance the

3253

market for renewable energy technologies and technologies

3254

intended to diversify Florida's energy supplies, reduce

3255

dependence on foreign oil, and combat or limit climate change

3256

impacts. This act is also intended to provide incentives for the

3257

purchase of energy-efficient appliances and rebates for solar

3258

energy equipment installations for residential and commercial

3259

buildings matching grants to stimulate capital investment in the

3260

state and to enhance the market for and promote the statewide

3261

utilization of renewable energy technologies. The targeted grants

3262

program is designed to advance the already growing establishment

3263

of renewable energy technologies in the state and encourage the

3264

use of other incentives such as tax exemptions and regulatory

3265

certainty to attract additional renewable energy technology

3266

producers, developers, and users to the state. This act is also

3267

intended to provide incentives for the purchase of energy-

3268

efficient appliances and rebates for solar energy equipment

3269

installations for residential and commercial buildings.

3270

Section 48. Section 377.803, Florida Statutes, is amended

3271

to read:

3272

377.803 Definitions.--As used in ss. 377.801-377.806, the

3273

term:

3274

(1) "Act" means the Florida Energy and Climate Protection

3275

Act Florida Renewable Energy Technologies and Energy Efficiency

3276

Act.

3277

(2) "Approved metering equipment" means a device capable of

3278

measuring the energy output of a solar thermal system that has

3279

been approved by the commission.

3280

(2)(3) "Commission" means the Florida Public Service

3281

Commission.

3282

(4) "Department" means the Department of Environmental

3283

Protection.

3284

(3)(5) "Person" means an individual, partnership, joint

3285

venture, private or public corporation, association, firm, public

3286

service company, or any other public or private entity.

3287

(4)(6) "Renewable energy" means electrical, mechanical, or

3288

thermal energy produced from a method that uses one or more of

3289

the following fuels or energy sources: hydrogen, biomass, solar

3290

energy, geothermal energy, wind energy, ocean energy, waste heat,

3291

or hydroelectric power.

3292

(5)(7) "Renewable energy technology" means any technology

3293

that generates or utilizes a renewable energy resource.

3294

(6)(8) "Solar energy system" means equipment that provides

3295

for the collection and use of incident solar energy for water

3296

heating, space heating or cooling, or other applications that

3297

would normally require a conventional source of energy such as

3298

petroleum products, natural gas, or electricity that performs

3299

primarily with solar energy. In other systems in which solar

3300

energy is used in a supplemental way, only those components that

3301

collect and transfer solar energy are shall be included in this

3302

definition.

3303

(7)(9) "Solar photovoltaic system" means a device that

3304

converts incident sunlight into electrical current.

3305

(8)(10) "Solar thermal system" means a device that traps

3306

heat from incident sunlight in order to heat water.

3307

Section 49. Section 377.804, Florida Statutes, as amended

3308

by section 52 of chapter 2007-73, Laws of Florida, is amended to

3309

read:

3310

377.804 Renewable Energy and Energy Efficient Technologies

3311

Grants Program.--

3312

(1) The Renewable Energy and Energy Efficient Technologies

3313

Grants Program is established within the commission department to

3314

provide renewable energy matching grants for demonstration,

3315

commercialization, research, and development projects relating to

3316

renewable energy technologies and innovative technologies that

3317

significantly increase energy efficiency for vehicles and

3318

commercial buildings.

3319

(2) Matching grants for renewable energy technology

3320

demonstration, commercialization, research, and development

3321

projects may be made to any of the following:

3322

(a) Municipalities and county governments.

3323

(b) Established for-profit companies licensed to do

3324

business in the state.

3325

3326

(d) Utilities located and operating within the state.

3327

(e) Not-for-profit organizations.

3328

(f) Other qualified persons, as determined by the

3329

commission department.

3330

(3) The department may adopt rules pursuant to ss.

3331

120.536(1) and 120.54 to provide for application requirements,

3332

provide for ranking of applications, and administer the awarding

3333

of grants under this program, and develop policies requiring

3334

grantees to provide royalty-sharing or licensing agreements with

3335

the state for commercialized products developed under a state

3336

grant. All grants may be reviewed by a peer-review process of

3337

experts. Up to 5 percent of all grants may be used to pay review

3338

expenses, if necessary.

3339

(4) Factors the commission department shall consider in

3340

awarding grants include, but are not limited to:

3341

(a) The availability of matching funds or other in-kind

3342

contributions applied to the total project from an applicant. The

3343

commission department shall give greater preference to projects

3344

that provide such matching funds or other in-kind contributions.

3345

(b) The degree to which the project stimulates in-state

3346

capital investment and economic development in metropolitan and

3347

rural areas, including the creation of jobs and the future

3348

development of a commercial market for renewable energy

3349

technologies.

3350

3351

demonstrated to be technically feasible based on pilot project

3352

demonstrations, laboratory testing, scientific modeling, or

3353

engineering or chemical theory that supports the proposal.

3354

(d) The degree to which the project incorporates an

3355

innovative new technology or an innovative application of an

3356

existing technology.

3357

(e) The degree to which a project generates thermal,

3358

mechanical, or electrical energy by means of a renewable energy

3359

resource that has substantial long-term production potential.

3360

(f) The degree to which a project demonstrates efficient

3361

use of energy and material resources.

3362

(g) The degree to which the project fosters overall

3363

understanding and appreciation of renewable energy technologies.

3364

(h) The ability to administer a complete project.

3365

(i) Project duration and timeline for expenditures.

3366

(j) The geographic area in which the project is to be

3367

conducted in relation to other projects.

3368

(k) The degree of public visibility and interaction.

3369

(5) The commission department shall solicit the expertise

3370

of other state agencies in evaluating project proposals. State

3371

agencies shall cooperate with the commission Department of

3372

Environmental Protection and provide such assistance as

3373

requested.

3374

(6) The commission department shall coordinate and actively

3375

consult with the Department of Agriculture and Consumer Services

3376

during the review and approval process of grants relating to

3377

bioenergy projects for renewable energy technology, and the

3378

departments shall jointly determine the grant awards to these

3379

bioenergy projects. No grant funding shall be awarded to any

3380

bioenergy project without such joint approval. Factors for

3381

consideration in awarding grants may include, but are not limited

3382

to, the degree to which:

3383

(a) The project stimulates in-state capital investment and

3384

economic development in metropolitan and rural areas, including

3385

the creation of jobs and the future development of a commercial

3386

market for bioenergy.

3387

(b) The project produces bioenergy from Florida-grown crops

3388

or biomass.

3389

3390

material resources.

3391

(d) The project fosters overall understanding and

3392

appreciation of bioenergy technologies.

3393

(e) Matching funds and in-kind contributions from an

3394

applicant are available.

3395

(f) The project duration and the timeline for expenditures

3396

are acceptable.

3397

(g) The project has a reasonable assurance of enhancing the

3398

value of agricultural products or will expand agribusiness in the

3399

state.

3400

(h) Preliminary market and feasibility research has been

3401

conducted by the applicant or others and shows there is a

3402

reasonable assurance of a potential market.

3403

(7) Each application must be accompanied by an affidavit

3404

from the applicant attesting to the veracity of the statements

3405

contained in the application.

3406

Section 50. Section 377.808, Florida Statutes, is created

3407

to read:

3408

377.808 Florida Green Government Grants Act.--

3409

(1) This section may be cited as the "Florida Green

3410

Government Grants Act."

3411

(2) The Florida Energy and Climate Commission shall use

3412

funds specifically appropriated to award grants under this

3413

section to assist local governments, including municipalities,

3414

counties, and school districts, in the development of programs

3415

that achieve green standards. Those standards shall be determined

3416

by the commission and must provide for cost-efficient solutions,

3417

reducing greenhouse gas emissions, improving quality of life, and

3418

strengthening this state's economy.

3419

(3) The commission shall adopt rules pursuant to chapter

3420

120 to administer the grants provided for in this section. In

3421

accordance with such rules, the commission may provide grants

3422

from funds specifically appropriated for this purpose to local

3423

governments for the costs of achieving green standards, including

3424

necessary administrative expenses. The rules of the commission

3425

must:

3426

(a) Designate one or more suitable green government

3427

standards framework from which local governments may develop a

3428

greening government initiative, and from which projects may be

3429

eligible for funding pursuant to this statute may be developed.

3430

(b) Require projects that plan, design, construct, upgrade,

3431

or replace facilities be cost-effective, environmentally sound,

3432

reduce greenhouse gas emissions, and be permittable and

3433

implementable.

3434

3435

direct project cost share or in-kind services.

3436

(d) Provide for a scale of matching requirements for local

3437

governments on the basis of population in order to assist rural

3438

and undeveloped areas of the state with any financial burden of

3439

addressing climate change impacts.

3440

(e) Require grant applications to be submitted on

3441

appropriate forms developed and adopted by the commission with

3442

appropriate supporting documentation and require records to be

3443

maintained.

3444

(f) Establish a system to determine the relative priority

3445

of grant applications. The system must consider greenhouse gas

3446

reductions, energy savings and efficiencies, and proven

3447

technologies.

3448

(g) Establish requirements for competitive procurement of

3449

engineering and construction services, materials, and equipment.

3450

(h) Provide for the termination of grants when program

3451

requirements are not met.

3452

(4) Each local government is limited to not more than two

3453

grant applications during each application period announced by

3454

the commission. A local government may not have more than three

3455

active projects expending grant funds during any state fiscal

3456

year.

3457

(5) The commission shall perform adequate overview of each

3458

grant, which may include technical review, site inspections,

3459

disbursement approvals, and auditing to successfully implement

3460

this section.

3461

Section 51. Section 377.901, Florida Statutes, is repealed.

3462

Section 52. All of the records, property, unexpended

3463

balances of appropriations and personnel related to the Florida

3464

Energy Commission for the administration and implementation of s.

3465

377.901, Florida Statutes, shall be transferred from the Office

3466

of Legislative Services to the Executive Office of the Governor.

3467

The Executive Office of the Governor is authorized to establish

3468

four full time equivalent positions to staff the Florida Energy

3469

and Climate Commission.

3470

Section 53. Section 377.921, Florida Statutes, is created

3471

to read:

3472

377.921 Qualified solar energy system program.--The

3473

Legislature finds that qualified solar energy systems provide

3474

fuel savings and can help protect against future electricity and

3475

natural gas shortages, reduce the state's dependence on foreign

3476

sources of energy, and improve environmental conditions. The

3477

Legislature further finds that the deployment of qualified solar

3478

energy systems advances Florida's goals of promoting energy

3479

efficiency and the development of renewable energy resources.

3480

Therefore, the Legislature finds that it is in the public

3481

interest to encourage public utilities to develop and implement

3482

programs that promote the deployment and use of qualified solar

3483

energy systems.

3484

(2) As used in this section:

3485

(a) "Qualified solar energy system" means a solar thermal

3486

water heating system installed at a customer's premises under a

3487

program administered and facilitated by a public utility. In

3488

order for a system to be deemed as qualified under this section,

3489

the public utility must incur all costs of the purchase and

3490

installation of the system, whether directly or indirectly

3491

through a customer rebate.

3492

(b) "Public utility" or "utility" means a utility as

3493

defined in s. 366.02(1).

3494

3495

public utility and approved by the commission pursuant to

3496

subsection (5) under which the utility facilitates the

3497

installation of solar thermal water heating systems at a utility

3498

customer's premises.

3499

(d) "Program fuel cost savings" means the total fuel cost

3500

savings that a utility is projected to achieve from all solar

3501

thermal water heating systems installed at a customer's premises

3502

over the life of the qualified solar energy system.

3503

(e) "Program costs" means all costs incurred in

3504

implementing an eligible program, including, but not limited to:

3505

1. In-service capital investments, including the utility's

3506

last authorized rate of return thereon; and

3507

2. Operating and maintenance expense, including, but not

3508

limited to, labor, overhead, materials, advertising, marketing,

3509

customer incentives, or rebates.

3510

(3) Notwithstanding any provision in chapter 366 or rule to

3511

the contrary, a public utility shall be allowed to recover

3512

through the energy conservation cost-recovery clause, either as

3513

period expenses or by capitalizing and amortizing, all prudent

3514

and reasonable program costs incurred in implementing an eligible

3515

program. With respect to any solar hot water heating system, the

3516

amortization period shall be 5 years.

3517

(4) Notwithstanding any provision in chapter 366 or rule to

3518

the contrary, and in addition to recovery under subsection (3), a

3519

utility shall be allowed to recover through the fuel cost-

3520

recovery clause beginning in the year each solar thermal water

3521

heating system begins operation 50 percent of any such program

3522

fuel cost savings for five years from the installation date. The

3523

remaining 50 percent of fuel saving shall be returned to the

3524

utility's customers through the fuel cost-recovery clause.

3525

(5) Notwithstanding any provision in chapter 366 or rule to

3526

the contrary, the commission shall enter an order approving a

3527

public utility's qualified solar energy system program if the

3528

utility demonstrates in a petition that:

3529

(a) The qualified solar energy systems to be installed as

3530

part of the program at minimum meet applicable Solar Rating and

3531

Certification Corporation OG-300 certification requirements.

3532

(b) The qualified solar energy systems are constructed and

3533

installed in conformity with the manufacturer's specifications

3534

and all applicable codes and standards.

3535

(6) Within 60 days after receiving a petition to approve a

3536

qualified solar energy system program, the commission shall

3537

approve the petition or inform the utility of any deficiencies

3538

therein. If the commission informs the utility of deficiencies,

3539

the utility may correct those deficiencies and refile its

3540

petition to approve the qualified solar energy system program.

3541

(7) In order to encourage public utilities to promote the

3542

deployment and use of qualified solar energy systems, the public

3543

utility shall own the renewable attributes or benefits associated

3544

with the energy output of a qualified solar energy system

3545

installed pursuant to an eligible program, including any

3546

renewable energy credit or other instrument issued as a result of

3547

the utility's eligible program.

3548

(8) This section shall sunset on June 30, 2011 unless

3549

reenacted by the Legislature. Utilities may not enroll new

3550

customers in the qualified solar energy program after June 30,

3551

2011 unless this section is reenacted.

3552

Section 54. Paragraph (c) of subsection (3) of section

3553

380.23, Florida Statutes, is amended to read:

3554

380.23 Federal consistency.--

3555

(3) Consistency review shall be limited to review of the

3556

following activities, uses, and projects to ensure that such

3557

activities, uses, and projects are conducted in accordance with

3558

the state's coastal management program:

3559

3560

land or water uses when such activities are in or seaward of the

3561

jurisdiction of local governments required to develop a coastal

3562

zone protection element as provided in s. 380.24 and when such

3563

activities involve:

3564

1. Permits and licenses required under the Rivers and

3565

Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

3566

2. Permits and licenses required under the Marine

3567

Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.

3568

1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.

3569

3. Permits and licenses required under the Federal Water

3570

Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as

3571

amended, unless such permitting activities have been delegated to

3572

the state pursuant to said act.

3573

4. Permits and licenses relating to the transportation of

3574

hazardous substance materials or transportation and dumping which

3575

are issued pursuant to the Hazardous Materials Transportation

3576

Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.

3577

1321, as amended.

3578

5. Permits and licenses required under 15 U.S.C. ss. 717-

3579

717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-

3580

1356 for construction and operation of interstate gas pipelines

3581

and storage facilities.

3582

6. Permits and licenses required for the siting and

3583

construction of any new electrical power plants as defined in s.

3584

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

3585

relicensing of hydroelectric power plants under the Federal Power

3586

Act, 16 U.S.C. ss. 791a et seq., as amended.

3587

7. Permits and licenses required under the Mining Law of

3588

1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands

3589

Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral

3590

Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as

3591

amended; the Federal Land Policy and Management Act, 43 U.S.C.

3592

ss. 1701 et seq., as amended; the Mining in the Parks Act, 16

3593

U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43

3594

U.S.C. ss. 1331 et seq., as amended, for drilling, mining,

3595

pipelines, geological and geophysical activities, or rights-of-

3596

way on public lands and permits and licenses required under the

3597

Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as

3598

amended.

3599

8. Permits and licenses for areas leased under the OCS

3600

Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including

3601

leases and approvals of exploration, development, and production

3602

plans.

3603

9. Permits and licenses required under the Deepwater Port

3604

Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.

3605

10. Permits required for the taking of marine mammals under

3606

the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.

3607

s. 1374.

3608

Section 55. Subsection (20) of section 403.031, Florida

3609

Statutes, is amended to read:

3610

403.031 Definitions.--In construing this chapter, or rules

3611

and regulations adopted pursuant hereto, the following words,

3612

phrases, or terms, unless the context otherwise indicates, have

3613

the following meanings:

3614

(20) "Electrical power plant" means, for purposes of this

3615

part of this chapter, any electrical generating facility that

3616

uses any process or fuel and that is owned or operated by an

3617

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

3618

and includes any associated facility that directly supports the

3619

operation of the electrical power plant.

3620

Section 56. Section 403.44, Florida Statutes, is created to

3621

read:

3622

403.44 Florida Climate Protection Act.--

3623

(1) The Legislature finds it is in the best interest of

3624

this state to document, to the greatest extent practicable,

3625

greenhouse gas (GHG) emissions and to pursue a market-based

3626

emissions abatement program, such as cap-and-trade, to address

3627

GHG emissions reductions.

3628

(2) As used in this section, the term:

3629

(a) "Allowance" means a credit issued by the department

3630

through allotments or auction which represents an authorization

3631

to emit specific amounts of greenhouse gases, as further defined

3632

in department rule.

3633

(b) "Cap-and-trade" or "emissions trading" means an

3634

administrative approach used to control pollution by providing a

3635

limit on total allowable emissions, providing for allowances to

3636

emit pollutants, and providing for the transfer of the allowances

3637

among pollutant sources as a means of compliance with emission

3638

limits.

3639

3640

oxide, and fluorinated gases such as hydrofluorocarbons,

3641

perfluorocarbons, and sulfur hexafluoride.

3642

(d) "Leakage" means the offset of emission abatement that

3643

is achieved in one location subject to emission control

3644

regulation by increased emissions in unregulated locations.

3645

(e) "Major emitter" means an electric utility regulated

3646

under this chapter.

3647

(3) A major emitter must use The Climate Registry for

3648

purposes of emission registration and reporting.

3649

(4) The Department of Environmental Protection shall

3650

establish the methodologies, reporting periods, and reporting

3651

systems that must be used when major emitters report to The

3652

Climate Registry. The department may require the use of quality

3653

assured data from continuous emissions-monitoring systems.

3654

(5) The department may adopt rules for a cap-and-trade

3655

regulatory program to reduce greenhouse gas emissions from major

3656

emitters. When developing the rules, the department shall consult

3657

with the Florida Energy and Climate Commission and the Public

3658

Service Commission, and may consult with the Governor's Action

3659

Team for Energy and Climate Change. The department shall not

3660

adopt rules until after January 1, 2010. The rules shall not

3661

become effective until ratified by the Legislature.

3662

(6) The rules of the cap-and-trade regulatory program shall

3663

include, but are not limited to:

3664

(a) A statewide limit or cap on the amount of GHG emissions

3665

emitted by major emitters.

3666

(b) Methods, requirements, and conditions for allocating

3667

the cap among major emitters.

3668

3669

allowances and the process for issuing emissions allowances.

3670

(d) The relationship between allowances and the specific

3671

amounts of greenhouse gases they represent.

3672

(e) The length of allowance periods and the time over which

3673

entities must account for emissions and surrender allowances

3674

equal to emissions.

3675

(f) The time path of allowances from the initiation of the

3676

program through to 2050.

3677

(g) A process for the trade of allowances between major

3678

emitters, including a registry, tracking, or accounting system

3679

for such trades.

3680

(h) Cost containment mechanisms to reduce price and cost

3681

risks associated with the electric generation market in this

3682

state. Cost containment mechanisms to be considered for inclusion

3683

in the rule include, but are not limited to:

3684

1. Allowing major emitters to borrow allowances from

3685

future time periods to meet their emission limit.

3686

2. Allowing major emitters to bank emission reductions in

3687

the current year to be used to meet emission limits in future

3688

years.

3689

3. Allowing major emitters to purchase emissions offsets

3690

from other entities who produce verifiable reductions in

3691

unregulated greenhouse gas emissions or who produce verifiable

3692

reductions in greenhouse gases through voluntary practices that

3693

capture and store greenhouse gases that otherwise would be

3694

released into the atmosphere. In considering this cost

3695

containment mechanism, the department shall identify sectors and

3696

activities outside of the capped sectors, including other state

3697

or international activities, and the conditions under which

3698

reductions there can be credited against emissions of capped

3699

entities in place of allowances issued by the department. The

3700

department shall also consider potential methods, and their

3701

effectiveness, to avoid double-incentivizing such activities.

3702

4. Providing a safety valve mechanism to ensure that the

3703

market prices for allowances or offsets do not surpass a

3704

predetermined level compatible with the affordability of electric

3705

utility rates and the well being of the state's economy. In

3706

considering this cost containment mechanism, the department shall

3707

evaluate different price levels for the safety valve and methods

3708

to change the price level over time to reflect changing state,

3709

federal and international markets, regulatory environments, and

3710

technological advancements.

3711

3712

In considering cost containment mechanisms for inclusion in the

3713

rule, the department shall evaluate the anticipated overall

3714

effect of each mechanism on the abatement of greenhouse gas

3715

emissions, electricity rate payers, and the benefits and costs of

3716

each to the state's economy, and shall also consider the

3717

interrelationships between the mechanisms under consideration.

3718

(i) A process to allow the department to exercise its

3719

authority to discourage leakage of GHG emissions to neighboring

3720

states attributable to the implementation of this program.

3721

(j) Provisions for a trial period on the trading of

3722

allowances before full implementation of a trading system.

3723

(7) In recommending and evaluating proposed features of the

3724

cap and trade system, the following factors shall be considered:

3725

(a) The overall cost-effectiveness of the cap and trade

3726

system in combination with other policies and measures in meeting

3727

statewide targets.

3728

(b) Minimizing the administrative burden to the state of

3729

implementing, monitoring and enforcing the program.

3730

3731

covered under the cap.

3732

(d) The impacts on electricity prices for consumers.

3733

(e) The specific benefits to Florida's economy for early

3734

adoption of a cap-and-trade system for greenhouse gases in the

3735

context of a federal climate change legislation and the

3736

development of international compacts.

3737

(f) The specific benefits to Florida's economy associated

3738

with the creation and sale of emissions offsets from economic

3739

sectors outside of the emissions cap.

3740

(g) The potential effects of leakage if economic activity

3741

relocates out of the state.

3742

(h) The effectiveness of the combination of measures in

3743

meeting identified targets.

3744

(i) The implications for near-term periods of long run

3745

targets specified in the overall policy.

3746

(j) The overall costs and benefits of a cap-and-trade

3747

system to the economy of this state.

3748

(k) How to moderate impacts on low income consumers that

3749

result from energy price increases.

3750

(l) Consistency of the program with other state and

3751

possible Federal efforts.

3752

(m) The feasibility and const-effectiveness of extending

3753

the program scope as broadly as possible among emitting

3754

activities and sinks in Florida.

3755

(n) Evaluation of the conditions under which Florida should

3756

consider linking its trading system to other states' or other

3757

countries' systems, and how that might be affected by the

3758

potential inclusion in the rule of safety valve.

3759

(8) Recognizing that the international, national,

3760

neighboring state policies and the science of climate change will

3761

evolve, prior to submitting the proposed rules to the Legislature

3762

for its consideration, the department shall submit the proposed

3763

rules to the Florida Energy and Climate Commission, which shall

3764

review the proposed rule and submit a report to the Governor, the

3765

President of the Florida Senate, the Speaker of the Florida House

3766

of Representatives, and the department. The report shall address:

3767

(a) The overall cost-effectiveness of the proposed cap and

3768

trade system in combination with other policies and measures in

3769

meeting statewide targets.

3770

(b) The administrative burden to the state of implementing,

3771

monitoring and enforcing the program.

3772

3773

cap.

3774

(d) The impacts on electricity prices for consumers.

3775

(e) The specific benefits to Florida's economy for early

3776

adoption of a cap-and-trade system for greenhouse gases in the

3777

context of federal climate change legislation and development of

3778

new international compacts.

3779

(f) The specific benefits to Florida's economy associated

3780

with the creation and sale of emissions offsets from economic

3781

sectors outside the emissions cap.

3782

(g) The potential effects on leakage if economic activity

3783

relocates out of the state.

3784

(h) The effectiveness of the combination of measures in

3785

meeting identified targets.

3786

(i) The economic implications for near-term periods of

3787

short-term and long-term targets specified in the overall policy.

3788

(j) The overall costs and benefits of a cap-and-trade

3789

system to the economy of this state.

3790

(k) The impacts on low income consumers that result from

3791

energy price increases.

3792

(l) The consistency of the program with other states and

3793

possible Federal efforts.

3794

(m) The evaluation of the conditions under which Florida

3795

should consider linking its trading system to other states' or

3796

other countries' systems, and how that might be affected by the

3797

potential inclusion in the rule of a safety valve.

3798

(n) The timing and changes in the external environment,

3799

such as proposals by other states or implementation of a Federal

3800

program that would spur reevaluation of the Florida program.

3801

(o) The conditions and options for eliminating the Florida

3802

program if a Federal program were to supplant it.

3803

(p) The need for a regular re-evaluation of the progress of

3804

other emitting regions of the country and of the world, and

3805

whether other regions are abating emissions in a commensurate

3806

manner.

3807

(q) The desirability of and possibilities of broadening the

3808

scope of Florida's cap and trade system at a later date to

3809

include more emitting activities as well as sinks in Florida, and

3810

the conditions that would need to be met to do so, as well as how

3811

the program would encourage these conditions to be met such as

3812

developing monitoring and measuring techniques for land use

3813

emissions and sinks, regulating sources up stream, and other

3814

considerations.

3815

Section 57. Section 403.502, Florida Statutes, is amended

3816

to read:

3817

403.502 Legislative intent.--The Legislature finds that the

3818

present and predicted growth in electric power demands in this

3819

state requires the development of a procedure for the selection

3820

and utilization of sites for electrical generating facilities and

3821

the identification of a state position with respect to each

3822

proposed site and its associated facilities. The Legislature

3823

recognizes that the selection of sites and the routing of

3824

associated facilities including transmission lines will have a

3825

significant impact upon the welfare of the population, the

3826

location and growth of industry, and the use of the natural

3827

resources of the state. The Legislature finds that the efficiency

3828

of the permit application and review process at both the state

3829

and local level would be improved with the implementation of a

3830

process whereby a permit application would be centrally

3831

coordinated and all permit decisions could be reviewed on the

3832

basis of standards and recommendations of the deciding agencies.

3833

It is the policy of this state that, while recognizing the

3834

pressing need for increased power generation facilities, the

3835

state shall ensure through available and reasonable methods that

3836

the location and operation of electrical power plants will

3837

produce minimal adverse effects on human health, the environment,

3838

the ecology of the land and its wildlife, and the ecology of

3839

state waters and their aquatic life and will not unduly conflict

3840

with the goals established by the applicable local comprehensive

3841

plans. It is the intent to seek courses of action that will fully

3842

balance the increasing demands for electrical power plant

3843

location and operation with the broad interests of the public.

3844

Such action will be based on these premises:

3845

(1) To assure the citizens of Florida that operation

3846

safeguards are technically sufficient for their welfare and

3847

protection.

3848

(2) To effect a reasonable balance between the need for the

3849

facility and the environmental impact resulting from construction

3850

and operation of the facility, including air and water quality,

3851

fish and wildlife, and the water resources and other natural

3852

resources of the state.

3853

(3) To meet the need for electrical energy as established

3854

pursuant to s. 403.519.

3855

(4) To assure the citizens of Florida that renewable energy

3856

sources and technologies, as well as conservation measures, are

3857

utilized to the extent reasonably available.

3858

Section 58. Section 403.503, Florida Statutes, is amended

3859

to read:

3860

403.503 Definitions relating to Florida Electrical Power

3861

Plant Siting Act.--As used in this act:

3862

(1) "Act" means the Florida Electrical Power Plant Siting

3863

Act.

3864

(2) "Agency," as the context requires, means an official,

3865

officer, commission, authority, council, committee, department,

3866

division, bureau, board, section, or other unit or entity of

3867

government, including a regional or local governmental entity.

3868

(3) "Alternative corridor" means an area that is proposed

3869

by the applicant or a third party within which all or part of an

3870

associated electrical transmission line right-of-way is to be

3871

located and that is different from the preferred transmission

3872

line corridor proposed by the applicant. The width of the

3873

alternate corridor proposed for certification for an associated

3874

electrical transmission line may be the width of the proposed

3875

right-of-way or a wider boundary not to exceed a width of one

3876

mile. The area within the alternate corridor may be further

3877

restricted as a condition of certification. The alternate

3878

corridor may include alternate electrical substation sites if the

3879

applicant has proposed an electrical substation as part of the

3880

portion of the proposed electrical transmission line.

3881

(4)(3) "Amendment" means a material change in the

3882

information provided by the applicant to the application for

3883

certification made after the initial application filing.

3884

(5)(4) "Applicant" means any electric utility which applies

3885

for certification pursuant to the provisions of this act.

3886

(6)(5) "Application" means the documents required by the

3887

department to be filed to initiate a certification review and

3888

evaluation, including the initial document filing, amendments,

3889

and responses to requests from the department for additional data

3890

and information.

3891

(7)(6) "Associated facilities" means, for the purpose of

3892

certification, those on-site and off-site facilities which

3893

directly support the construction and operation of the electrical

3894

generating facility power plant such as electrical transmission

3895

lines, substations, and fuel unloading facilities; pipelines

3896

necessary for transporting fuel for the operation of the facility

3897

or other fuel transportation facilities; water or wastewater

3898

transport pipelines; construction, maintenance, and access roads;

3899

and railway lines necessary for transport of construction

3900

equipment or fuel for the operation of the facility.

3901

(8)(7) "Board" means the Governor and Cabinet sitting as

3902

the siting board.

3903

(9)(8) "Certification" means the written order of the

3904

board, or Secretary when applicable, approving an application for

3905

the licensing of an electrical power plant, in whole or with such

3906

changes or conditions as the board, or Secretary when applicable,

3907

may deem appropriate.

3908

(10)(9) "Completeness" means that the application has

3909

addressed all applicable sections of the prescribed application

3910

format, and that those sections are sufficient in

3911

comprehensiveness of data or in quality of information provided

3912

to allow the department to determine whether the application

3913

provides the reviewing agencies adequate information to prepare

3914

the reports required by s. 403.507.

3915

(11)(10) "Corridor" means the proposed area within which an

3916

associated linear facility right-of-way is to be located. The

3917

width of the corridor proposed for certification as an associated

3918

facility, at the option of the applicant, may be the width of the

3919

right-of-way or a wider boundary, not to exceed a width of 1

3920

mile. The area within the corridor in which a right-of-way may be

3921

located may be further restricted by a condition of

3922

certification. After all property interests required for the

3923

right-of-way have been acquired by the licensee, the boundaries

3924

of the area certified shall narrow to only that land within the

3925

boundaries of the right-of-way. The corridors proper for

3926

certification shall be those addressed in the application, in

3927

amendments to the application filed under s. 403.5064, and in

3928

notices of acceptance of proposed alternate corridors filed by an

3929

applicant and the department pursuant to s. 403.5271 as

3930

incorporated by reference in s. 403.5064(1)(b) for which the

3931

required information for the preparation of agency supplemental

3932

reports was filed.

3933

(12)(11) "Department" means the Department of Environmental

3934

Protection.

3935

(13)(12) "Designated administrative law judge" means the

3936

administrative law judge assigned by the Division of

3937

Administrative Hearings pursuant to chapter 120 to conduct the

3938

hearings required by this act.

3939

(14)(13) "Electrical power plant" means, for the purpose of

3940

certification, any steam or solar electrical generating facility

3941

using any process or fuel, including nuclear materials, except

3942

that this term does not include any steam or solar electrical

3943

generating facility of less than 75 megawatts in capacity unless

3944

the applicant for such a facility elects to apply for

3945

certification under this act. This term also includes the site,

3946

all associated facilities that will to be owned by the applicant

3947

that which are physically connected to the electrical power plant

3948

site; all associated facilities that or which are indirectly

3949

directly connected to the electrical power plant site by other

3950

proposed associated facilities that will to be owned by the

3951

applicant;, and associated transmission lines that will to be

3952

owned by the applicant that which connect the electrical

3953

generating facility power plant to an existing transmission

3954

network or rights-of-way to of which the applicant intends to

3955

connect. At the applicant's option, this term may include any

3956

offsite associated facilities that which will not be owned by the

3957

applicant; offsite associated facilities that which are owned by

3958

the applicant but which are not directly connected to the

3959

electrical power plant site; any proposed terminal or

3960

intermediate substations or substation expansions connected to

3961

the associated transmission line; or new transmission lines,

3962

upgrades, or improvements of an existing transmission line on any

3963

portion of the applicant's electrical transmission system

3964

necessary to support the generation injected into the system from

3965

the proposed electrical generating facility power plant.

3966

(15)(14) "Electric utility" means cities and towns,

3967

counties, public utility districts, regulated electric companies,

3968

electric cooperatives, and joint operating agencies, or

3969

combinations thereof, engaged in, or authorized to engage in, the

3970

business of generating, transmitting, or distributing electric

3971

energy.

3972

(16)(15) "Federally delegated or approved permit program"

3973

means any environmental regulatory program approved by an agency

3974

of the Federal Government so as to authorize the department to

3975

administer and issue licenses pursuant to federal law, including,

3976

but not limited to, new source review permits, operation permits

3977

for major sources of air pollution, and prevention of significant

3978

deterioration permits under the Clean Air Act (42 U.S.C. ss. 7401

3979

et seq.), permits under ss. 402 and 404 of the Clean Water Act

3980

(33 U.S.C. ss. 1251 et seq.), and permits under the Resource

3981

Conservation and Recovery Act (42 U.S.C. ss. 6901 et seq.).

3982

(17)(16) "License" means a franchise, permit,

3983

certification, registration, charter, comprehensive plan

3984

amendment, development order or permit as defined in chapters 163

3985

and 380, or similar form of authorization required by law,

3986

including permits issued under federally delegated or approved

3987

permit programs, but it does not include a license required

3988

primarily for revenue purposes when issuance of the license is

3989

merely a ministerial act.

3990

(18)(17) "Licensee" means an applicant that has obtained a

3991

certification order for the subject project.

3992

(19)(18) "Local government" means a municipality or county

3993

in the jurisdiction of which the electrical power plant is

3994

proposed to be located.

3995

(20)(19) "Modification" means any change in the

3996

certification order after issuance, including a change in the

3997

conditions of certification.

3998

(21)(20) "Nonprocedural requirements of agencies" means any

3999

agency's regulatory requirements established by statute, rule,

4000

ordinance, zoning ordinance, land development code, or

4001

comprehensive plan, excluding any provisions prescribing forms,

4002

fees, procedures, or time limits for the review or processing of

4003

information submitted to demonstrate compliance with such

4004

regulatory requirements.

4005

(22)(21) "Notice of intent" means that notice which is

4006

filed with the department on behalf of an applicant prior to

4007

submission of an application pursuant to this act and which

4008

notifies the department of an intent to file an application.

4009

(23)(22) "Person" means an individual, partnership, joint

4010

venture, private or public corporation, association, firm, public

4011

service company, political subdivision, municipal corporation,

4012

government agency, public utility district, or any other entity,

4013

public or private, however organized.

4014

(24)(23) "Preliminary statement of issues" means a listing

4015

and explanation of those issues within the agency's jurisdiction

4016

which are of major concern to the agency in relation to the

4017

proposed electrical power plant.

4018

(25)(24) "Public Service Commission" or "commission" means

4019

the agency created pursuant to chapter 350.

4020

(26)(25) "Regional planning council" means a regional

4021

planning council as defined in s. 186.503(4) in the jurisdiction

4022

of which the electrical power plant is proposed to be located.

4023

(27)(26) "Right-of-way" means land necessary for the

4024

construction and maintenance of a connected associated linear

4025

facility, such as a railroad line, pipeline, or transmission line

4026

as owned by or proposed to be certified by the applicant. The

4027

typical width of the right-of-way shall be identified in the

4028

application. The right-of-way shall be located within the

4029

certified corridor and shall be identified by the applicant

4030

subsequent to certification in documents filed with the

4031

department prior to construction.

4032

(28)(27) "Site" means any proposed location within which

4033

will be located wherein an electrical power plant's generating

4034

facility and on-site support facilities plant, or an electrical

4035

power plant alteration or addition of electrical generating

4036

facilities and on-site on-location support facilities resulting

4037

in an increase in generating capacity, will be located, including

4038

offshore sites within state jurisdiction.

4039

(29)(28) "State comprehensive plan" means that plan set

4040

forth in chapter 187.

4041

(30)(29) "Ultimate site capacity" means the maximum gross

4042

generating capacity for a site as certified by the board, or

4043

Secretary when applicable, unless otherwise specified as nte

4044

generating capacity.

4045

(31)(30) "Water management district" means a water

4046

management district, created pursuant to chapter 373, in the

4047

jurisdiction of which the electrical power plant is proposed to

4048

be located.

4049

Section 59. Section 403.504, Florida Statutes, is amended

4050

to read:

4051

403.504 Department of Environmental Protection; powers and

4052

duties enumerated.--The department shall have the following

4053

powers and duties in relation to this act:

4054

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

4055

implement the provisions of this act, including rules setting

4056

forth environmental precautions to be followed in relation to the

4057

location, construction, and operation of electrical power plants.

4058

(2) To prescribe the form and content of the public notices

4059

and the notice of intent and the form, content, and necessary

4060

supporting documentation and studies to be prepared by the

4061

applicant for electrical power plant site certification

4062

applications.

4063

(3) To receive applications for electrical power plant site

4064

certifications and to determine the completeness and sufficiency

4065

thereof.

4066

(4) To make, or contract for, studies of electrical power

4067

plant site certification applications.

4068

(5) To administer the processing of applications for

4069

electric power plant site certifications and to ensure that the

4070

applications are processed as expeditiously as possible.

4071

(6) To require such fees as allowed by this act.

4072

(7) To conduct studies and prepare a project analysis under

4073

s. 403.507.

4074

(8) To prescribe the means for monitoring the effects

4075

arising from the construction and operation of electrical power

4076

plants to assure continued compliance with terms of the

4077

certification.

4078

(9) To determine whether an alternate corridor proposed for

4079

consideration under s. 403.5064(4) is acceptable.

4080

(10)(9) To issue final orders after receipt of the

4081

administrative law judge's order relinquishing jurisdiction

4082

pursuant to s. 403.508(6).

4083

(11)(10) To act as clerk for the siting board.

4084

(12)(11) To administer and manage the terms and conditions

4085

of the certification order and supporting documents and records

4086

for the life of the electrical power plant facility.

4087

(13)(12) To issue emergency orders on behalf of the board

4088

for facilities licensed under this act.

4089

Section 60. Subsection (1) of section 403.506, Florida

4090

Statutes, is amended and subsection (3) is added to that section

4091

to read:

4092

403.506 Applicability, thresholds, and certification.--

4093

(1) The provisions of this act shall apply to any

4094

electrical power plant as defined herein, except that the

4095

provisions of this act shall not apply to any electrical power

4096

plant or steam generating plant of less than 75 megawatts in

4097

gross capacity including its or to any associated facilities

4098

substation to be constructed as part of an associated

4099

transmission line unless the applicant has elected to apply for

4100

certification of such electrical power plant or substation under

4101

this act. The provisions of this act shall not apply to any unit

4102

capacity expansions expansion of 75 35 megawatts or less, in the

4103

aggregate, of an existing exothermic reaction cogeneration

4104

electrical generating facility unit that was exempt from this act

4105

when it was originally built; however, this exemption shall not

4106

apply if the unit uses oil or natural gas for purposes other than

4107

unit startup. No construction of any new electrical power plant

4108

or expansion in steam generating capacity as measured by an

4109

increase in the maximum electrical generator rating of any

4110

existing electrical power plant may be undertaken after October

4111

1, 1973, without first obtaining certification in the manner as

4112

herein provided, except that this act shall not apply to any such

4113

electrical power plant which is presently operating or under

4114

construction or which has, upon the effective date of chapter 73-

4115

33, Laws of Florida, applied for a permit or certification under

4116

requirements in force prior to the effective date of such act.

4117

(3) An electric utility may obtain separate licenses,

4118

permits, and approvals for the construction of facilities

4119

necessary to construct an electrical power plant without first

4120

obtaining certification under this act if the utility intends to

4121

locate, license, and construct a proposed or expanded electrical

4122

power plant that uses nuclear materials as fuel. Such facilities

4123

may include, but are not limited to, access and onsite roads,

4124

rail lines, electrical transmission facilities to support

4125

construction, and facilities necessary for waterborne delivery of

4126

construction materials and project components. This exemption

4127

applies to such facilities regardless of whether the facilities

4128

are used for operation of the power plant. The applicant shall

4129

file with the department a statement that declares that the

4130

construction of such facilities is necessary for the timely

4131

construction of the proposed electrical power plant and

4132

identifies those facilities that the applicant intends to seek

4133

licenses for and construct prior to or separate from

4134

certification of the project. The facilities may be located

4135

within or off of the site for the proposed electrical power

4136

plant. The filing of an application under this act does not

4137

affect other applications for separate licenses which are pending

4138

at the time of filing the application. Furthermore, the filing of

4139

an application does not prevent an electric utility from seeking

4140

separate licenses for facilities that are necessary to construct

4141

the electrical power plant. Licenses, permits, or approvals

4142

issued by any state, regional, or local agency for such

4143

facilities shall be incorporated by the department into a final

4144

certification upon completion of construction. Any facilities

4145

necessary for construction of the electrical power plant shall

4146

become part of the certified electrical power plant upon

4147

completion of the electrical power plant's construction. The

4148

exemption in this subsection does not require or authorize agency

4149

rulemaking, and any action taken under this subsection is not

4150

subject to chapter 120. This subsection shall be given

4151

retroactive effect and applies to applications filed after May 1,

4152

2008.

4153

Section 61. Subsections (1) and (4) of section 403.5064,

4154

Florida Statutes, are amended to read:

4155

403.5064 Application; schedules.--

4156

(1) The formal date of filing of a certification

4157

application and commencement of the certification review process

4158

shall be when the applicant submits:

4159

(a) Copies of the certification application in a quantity

4160

and format as prescribed by rule to the department and other

4161

agencies identified in s. 403.507(2)(a).

4162

(b) A statement affirming that the applicant is opting to

4163

allow consideration of alternate corridors for an associated

4164

transmission line corridor. If alternate corridors are allowed,

4165

at the applicant's option, the portion of the application

4166

addressing associated transmission line corridors shall be

4167

processed pursuant to the schedule set forth in ss. 403.521-

4168

43.526, 403.527(4), and 403.5271, including the opportunity for

4169

the filing of alternate corridors, provided, however, if such

4170

alternate corridors are filed, the certification hearing shall

4171

not be rescheduled as allowed by ss. 403.527(1)(b)1. and 2.

4172

(c)(b) The application fee specified under s. 403.518 to

4173

the department.

4174

(4) Within 7 days after the filing of an application, the

4175

department shall prepare a proposed schedule of dates for

4176

determination of completeness, submission of statements of

4177

issues, submittal of final reports, and other significant dates

4178

to be followed during the certification process, including dates

4179

for filing notices of appearance to be a party pursuant to s.

4180

403.508(3). If the application includes one or more associated

4181

transmission line corridors, at the request of the applicant

4182

filed concurrently with the application, the department shall

4183

incorporate the application processing schedule of the Florida

4184

electric Transmission Line Siting Act, ss. 403.521-403.526,

4185

403.527(4), and 403.5271 for the associated transmission line

4186

corridors, including the opportunity for the filing and review of

4187

alternate corridors, if a party proposes alternate transmission

4188

line corridor routes for consideration no later than 165 days

4189

prior to the scheduled certification hearing. Notwithstanding an

4190

applicant's option for the transmission line corridor portion of

4191

its application to be processed under the proposed schedule, only

4192

one certification hearing will be held for the entire power plant

4193

in accordance with s. 403.508(2). The proposed This schedule

4194

shall be timely provided by the department to the applicant, the

4195

administrative law judge, all agencies identified pursuant to

4196

subsection (2), and all parties. Within 7 days after the filing

4197

of the proposed schedule, the administrative law judge shall

4198

issue an order establishing a schedule for the matters addressed

4199

in the department's proposed schedule and other appropriate

4200

matters, if any.

4201

Section 62. Subsection (1) of section 403.5065, Florida

4202

Statutes, is amended to read:

4203

403.5065 Appointment of administrative law judge; powers

4204

and duties.--

4205

(1) Within 7 days after receipt of an application, the

4206

department shall request the Division of Administrative Hearings

4207

to designate an administrative law judge to conduct the hearings

4208

required by this act. The division director shall designate an

4209

administrative law judge within 7 days after receipt of the

4210

request from the department. In designating an administrative law

4211

judge for this purpose, the division director shall, whenever

4212

practicable, assign an administrative law judge who has had prior

4213

experience or training in electrical power plant site

4214

certification proceedings. Upon being advised that an

4215

administrative law judge has been appointed, the department shall

4216

immediately file a copy of the application and all supporting

4217

documents with the designated administrative law judge, who shall

4218

docket the application.

4219

Section 63. Subsection (3) of section 403.50663, Florida

4220

Statutes, is amended to read:

4221

403.50663 Informational public meetings.--

4222

(3) A local government or regional planning council that

4223

intends to conduct an informational public meeting must provide

4224

notice of the meeting to all parties not less than 15 5 days

4225

prior to the meeting and to the general public, in accordance

4226

with the provisions of s. 403.5115(5). The expense for such

4227

notice is eligible for reimbursement under the provisions of s.

4228

403.518(2)(c)1.

4229

Section 64. Section 403.50665, Florida Statutes, is amended

4230

to read:

4231

403.50665 Land use consistency.--

4232

(1) The applicant shall include in the application a

4233

statement on the consistency of the site and or any directly

4234

associated facilities that constitute "development," as defined

4235

in s. 380.04, with existing land use plans and zoning ordinances

4236

that were in effect on the date the application was filed and a

4237

full description of such consistency. This information shall

4238

include an identification of those associated facilities that the

4239

applicant believes are exempt from the requirements of land use

4240

plans and zoning ordinances under the provisions of the Local

4241

Government Comprehensive Planning and Land Development Regulation

4242

Act provisions of chapter 163 and s. 380.04(3).

4243

(2)(a) Within 45 days after the filing of the application,

4244

each local government shall file a determination with the

4245

department, the applicant, the administrative law judge, and all

4246

parties on the consistency of the site, and or any directly

4247

associated facilities that are not exempt from the requirements

4248

of land use plans and zoning ordinances under the provisions of

4249

chapter 163 and s. 380.04(3), with existing land use plans and

4250

zoning ordinances that were in effect on the date the application

4251

was filed, based on the information provided in the application.

4252

However, this requirement does not apply to any new electrical

4253

generation unit proposed to be constructed and operated:

4254

1. On the site of a previously certified electrical power

4255

plant; or

4256

2. On the site of a power plant that was not previously

4257

certified that will be wholly contained within the boundaries of

4258

the existing site.

4259

(b) The local government may issue its determination up to

4260

55 35 days later if the application has been determined

4261

incomplete based in whole or part upon a local government request

4262

for has requested additional information on land use and zoning

4263

consistency as part of the local government's statement on

4264

completeness of the application submitted pursuant to s.

4265

403.5066(1)(a). Incompleteness of information necessary for a

4266

local government to evaluate an application may be claimed by the

4267

local government as cause for a statement of inconsistency with

4268

existing land use plans and zoning ordinances.

4269

4270

published in accordance with the requirements of s. 403.5115.

4271

(3)(a) If the local government issues a determination that

4272

the proposed site and any non-exempt associated facilities are

4273

electrical power plant is not consistent or in compliance with

4274

local land use plans and zoning ordinances, the applicant may

4275

apply to the local government for the necessary local approval to

4276

address the inconsistencies identified in the local government's

4277

determination.

4278

(b) If the applicant makes such an application to the local

4279

government, the time schedules under this act shall be tolled

4280

until the local government issues its revised determination on

4281

land use and zoning or the applicant otherwise withdraws its

4282

application to the local government.

4283

4284

necessary local land use or zoning approval, the local government

4285

shall commence a proceeding to consider the application for land

4286

use or zoning approval within 45 days of receipt of the complete

4287

request, and shall issue a revised determination within 30 days

4288

following the conclusion of that local proceeding., and The time

4289

schedules and notice requirements under this act shall apply to

4290

such revised determination.

4291

(4) If any substantially affected person wishes to dispute

4292

the local government's determination, he or she shall file a

4293

petition with the designated administrative law judge department

4294

within 21 days after the publication of notice of the local

4295

government's determination. If a hearing is requested, the

4296

provisions of s. 403.508(1) shall apply.

4297

(5) The dates in this section may be altered upon agreement

4298

between the applicant, the local government, and the department

4299

pursuant to s. 403.5095.

4300

(6) If it is determined by the local government that the

4301

proposed site or non-exempt directly associated facility does

4302

conform with existing land use plans and zoning ordinances in

4303

effect as of the date of the application and no petition has been

4304

filed, the responsible zoning or planning authority shall not

4305

thereafter change such land use plans or zoning ordinances so as

4306

to foreclose construction and operation of the proposed site or

4307

directly associated facilities unless certification is

4308

subsequently denied or withdrawn.

4309

(7) The issue of land use and zoning consistency for any

4310

proposed alternate intermediate electrical substation which is

4311

proposed as part of an alternate electrical transmission line

4312

corridor which is accepted by the applicant and the department

4313

under s. 403.5271(1)(b) shall be addressed in the supplementary

4314

report prepared by the local government on the proposed alternate

4315

corridor and shall be considered as an issue at any final

4316

certification hearing. If such a proposed intermediate

4317

electrical substation is determined to not be consistent with

4318

local land use plans and zoning ordinances, then that alternate

4319

electrical substation shall not be certified.

4320

Section 65. Paragraph (a) of subsection (2) of section

4321

403.507, Florida Statutes, is amended to read:

4322

403.507 Preliminary statements of issues, reports, project

4323

analyses, and studies.--

4324

(2)(a) The No later than 100 days after the certification

4325

application has been determined complete, the following agencies

4326

shall prepare reports as provided below and shall submit them to

4327

the department and the applicant no later than 100 days after the

4328

certification application has been determined complete, unless a

4329

final order denying the Determination of Need has been issued

4330

under the provisions of s. 403.519:

4331

1. The Department of Community Affairs shall prepare a

4332

report containing recommendations which address the impact upon

4333

the public of the proposed electrical power plant, based on the

4334

degree to which the electrical power plant is consistent with the

4335

applicable portions of the state comprehensive plan, emergency

4336

management, and other such matters within its jurisdiction. The

4337

Department of Community Affairs may also comment on the

4338

consistency of the proposed electrical power plant with

4339

applicable strategic regional policy plans or local comprehensive

4340

plans and land development regulations.

4341

2. The water management district shall prepare a report as

4342

to matters within its jurisdiction, including but not limited to,

4343

the impact of the proposed electrical power plant on water

4344

resources, regional water supply planning, and district-owned

4345

lands and works.

4346

3. Each local government in whose jurisdiction the proposed

4347

electrical power plant is to be located shall prepare a report as

4348

to the consistency of the proposed electrical power plant with

4349

all applicable local ordinances, regulations, standards, or

4350

criteria that apply to the proposed electrical power plant,

4351

including any applicable local environmental regulations adopted

4352

pursuant to s. 403.182 or by other means.

4353

4. The Fish and Wildlife Conservation Commission shall

4354

prepare a report as to matters within its jurisdiction.

4355

5. Each regional planning council shall prepare a report

4356

containing recommendations that address the impact upon the

4357

public of the proposed electrical power plant, based on the

4358

degree to which the electrical power plant is consistent with the

4359

applicable provisions of the strategic regional policy plan

4360

adopted pursuant to chapter 186 and other matters within its

4361

jurisdiction.

4362

6. The Department of Transportation shall address the

4363

impact of the proposed electrical power plant on matters within

4364

its jurisdiction.

4365

(b) Any other agency, if requested by the department, shall

4366

also perform studies or prepare reports as to matters within that

4367

agency's jurisdiction which may potentially be affected by the

4368

proposed electrical power plant.

4369

Section 66. Subsection (1) of section 403.508, Florida

4370

Statutes, is amended to read:

4371

403.508 Land use and certification hearings, parties,

4372

participants.--

4373

(1)(a) Within 5 days after the filing of If a petition for

4374

a hearing on land use has been filed pursuant to s. 403.50665,

4375

the designated administrative law judge shall schedule conduct a

4376

land use hearing to be conducted in the county of the proposed

4377

site, or directly associated facility that is not exempt from the

4378

requirements of land use plans and zoning ordinances under the

4379

provisions of chapter 163 and s. 380.043(3), as applicable, as

4380

expeditiously as possible, but not later than 30 days after the

4381

designated administrative law judge's department's receipt of the

4382

petition. The place of such hearing shall be as close as possible

4383

to the proposed site or directly associated facility. If a

4384

petition is filed, the hearing shall be held regardless of the

4385

status of the completeness of the application. However,

4386

incompleteness of information necessary for a local government to

4387

evaluate an application may be claimed by the local government as

4388

cause for a statement of inconsistency with existing land use

4389

plans and zoning ordinances under s. 403.50665.

4390

(b) Notice of the land use hearing shall be published in

4391

accordance with the requirements of s. 403.5115.

4392

4393

hearing shall be whether or not the proposed site or non-exempt

4394

associated facility is consistent and in compliance with existing

4395

land use plans and zoning ordinances. If the administrative law

4396

judge concludes that the proposed site or non-exempt associated

4397

facility is not consistent or in compliance with existing land

4398

use plans and zoning ordinances, the administrative law judge

4399

shall receive at the hearing evidence on, and address in the

4400

recommended order any changes to or approvals or variances under,

4401

the applicable land use plans or zoning ordinances which will

4402

render the proposed site or non-exempt associate facility

4403

consistent and in compliance with the local land use plans and

4404

zoning ordinances.

4405

(d) The designated administrative law judge's recommended

4406

order shall be issued within 30 days after completion of the

4407

hearing and shall be reviewed by the board within 60 days after

4408

receipt of the recommended order by the board.

4409

(e) If it is determined by the board that the proposed site

4410

or non-exempt associate facility does conform with existing land

4411

use plans and zoning ordinances in effect as of the date of the

4412

application, or as otherwise provided by this act, the

4413

responsible zoning or planning authority shall not thereafter

4414

change such land use plans or zoning ordinances so as to

4415

foreclose construction and operation of the proposed electrical

4416

power plant on the proposed site or directly associated

4417

facilities unless certification is subsequently denied or

4418

withdrawn.

4419

(f) If it is determined by the board that the proposed site

4420

or non-exempt associated facility does not conform with existing

4421

land use plans and zoning ordinances, the board may, if it

4422

determines after notice and hearing and upon consideration of the

4423

recommended order on land use and zoning issues that it is in the

4424

public interest to authorize the use of the land as a site for a

4425

site or associated facility an electrical power plant, authorize

4426

a variance or other necessary approval to the adopted land use

4427

plan and zoning ordinances required to render the proposed site

4428

or associated facility consistent with local land use plans and

4429

zoning ordinances. The board's action shall not be controlled by

4430

any other procedural requirements of law. In the event a variance

4431

or other approval is denied by the board, it shall be the

4432

responsibility of the applicant to make the necessary application

4433

for any approvals determined by the board as required to make the

4434

proposed site or associated facility consistent and in compliance

4435

with local land use plans and zoning ordinances. No further

4436

action may be taken on the complete application until the

4437

proposed site or associated facility conforms to the adopted land

4438

use plan or zoning ordinances or the board grants relief as

4439

provided under this act.

4440

(2)(a) A certification hearing shall be held by the

4441

designated administrative law judge no later than 265 days after

4442

the application is filed with the department. The certification

4443

hearing shall be held at a location in proximity to the proposed

4444

site. At the conclusion of the certification hearing, the

4445

designated administrative law judge shall, after consideration of

4446

all evidence of record, submit to the board a recommended order

4447

no later than 45 days after the filing of the hearing transcript.

4448

(b) Notice of the certification hearing and notice of the

4449

deadline for filing of notice of intent to be a party shall be

4450

made in accordance with the requirements of s. 403.5115.

4451

Section 67. Subsections (3), (4), and (5) of section

4452

403.509, Florida Statutes, are amended and a new subsection (4)

4453

is added to that section to read:

4454

403.509 Final disposition of application.--

4455

(3) In determining whether an application should be

4456

approved in whole, approved with modifications or conditions, or

4457

denied, the board, or secretary when applicable, shall consider

4458

whether, and the extent to which, the location, construction and

4459

operation of the electrical power plant and directly associated

4460

facilities and their construction and operation will:

4461

(a) Provide reasonable assurance that operational

4462

safeguards are technically sufficient for the public welfare and

4463

protection.

4464

(b) Comply with applicable nonprocedural requirements of

4465

agencies.

4466

4467

comprehensive plans and land development regulations.

4468

(d) Meet the electrical energy needs of the state in an

4469

orderly, reliable, and timely fashion.

4470

(e) Effect a reasonable balance between the need for the

4471

facility as established pursuant to s. 403.519 and the impacts

4472

upon air and water quality, fish and wildlife, water resources,

4473

and other natural resources of the state resulting from the

4474

construction and operation of the facility.

4475

(f) Minimize, through the use of reasonable and available

4476

methods, the adverse effects on human health, the environment,

4477

and the ecology of the land and its wildlife and the ecology of

4478

state waters and their aquatic life.

4479

(g) Serve and protect the broad interests of the public.

4480

(4)(a) Any transmission line corridor certified by the

4481

board, or secretary if applicable, shall meet the criteria of

4482

this section. When more than one transmission line corridor is

4483

proper for certification under s. 403.503(11) and meets the

4484

criteria of this section, the board, or secretary if applicable,

4485

shall certify the transmission line corridor that has the least

4486

adverse impact regarding the criteria in subsection (3),

4487

including costs.

4488

(b) If the board, or secretary if applicable, finds that an

4489

alternate corridor rejected pursuant to s. 403.5271 as

4490

incorporated by reference in s. 403.5064(1)(b) meets the criteria

4491

of subsection (3) and has the least adverse impact regarding the

4492

criteria in subsection (3), the board, or secretary if

4493

applicable, shall deny certification or shall allow the applicant

4494

to submit an amended application to include the corridor.

4495

4496

two or more of the corridors that comply with subsection (3) have

4497

the least adverse impacts regarding the criteria in subsection

4498

(3), including costs, and that the corridors are substantially

4499

equal in adverse impacts regarding the criteria in subsection

4500

(3), including costs, the board, or secretary if applicable,

4501

shall certify the corridor preferred by the applicant if the

4502

corridor is one proper for certification under s. 403.503(11).

4503

(5)(4) The department's action on a federally required new

4504

source review or prevention of significant deterioration permit

4505

shall differ from the actions taken by the siting board regarding

4506

the certification if the federally approved state implementation

4507

plan requires such a different action to be taken by the

4508

department. Nothing in this part shall be construed to displace

4509

the department's authority as the final permitting entity under

4510

the federally approved permit program. Nothing in this part shall

4511

be construed to authorize the issuance of a new source review or

4512

prevention of significant deterioration permit which does not

4513

conform to the requirements of the federally approved state

4514

implementation plan.

4515

(6)(5) For certifications issued by the board in regard to

4516

the properties and works of any agency which is a party to the

4517

certification hearing, the board shall have the authority to

4518

decide issues relating to the use, the connection thereto, or the

4519

crossing thereof, for the electrical power plant and directly

4520

associated facilities and to direct any such agency to execute,

4521

within 30 days after the entry of certification, the necessary

4522

license or easement for such use, connection, or crossing,

4523

subject only to the conditions set forth in such certification.

4524

For certifications issued by the department in regard to the

4525

properties and works of any agency which is a party to the

4526

proceeding, any stipulation filed pursuant to s. 403.508(6)(a)

4527

must include a stipulation regarding any issues relating to the

4528

use, the connection thereto, or the crossing thereof, for the

4529

electrical power plant. Any agency stipulating to the use,

4530

connection to, or crossing of its property must agree to execute,

4531

within 30 days after the entry of certification, the necessary

4532

license or easement for such use, connection, or crossing,

4533

subject only to the conditions set forth in such certification.

4534

Section 68. Subsections (1) and (6) of section 403.511,

4535

Florida Statutes, are amended to read:

4536

403.511 Effect of certification.--

4537

(1) Subject to the conditions set forth therein, any

4538

certification shall constitute the sole license of the state and

4539

any agency as to the approval of the location of the site and any

4540

associated facility and the construction and operation of the

4541

proposed electrical power plant, except for the issuance of

4542

department licenses required under any federally delegated or

4543

approved permit program and except as otherwise provided in

4544

subsection (4).

4545

(6) No term or condition of an electrical power plant a

4546

site certification shall be interpreted to supersede or control

4547

the provisions of a final operation permit for a major source of

4548

air pollution issued by the department pursuant to s. 403.0872 to

4549

a facility certified under this part.

4550

Section 69. Subsection (1) of section 403.5112, Florida

4551

Statutes, is amended to read:

4552

403.5112 Filing of notice of certified corridor route.--

4553

(1) Within 60 days after certification of an a directly

4554

associated linear facility pursuant to this act, the applicant

4555

shall file, in accordance with s. 28.222, with the department and

4556

the clerk of the circuit court for each county through which the

4557

corridor will pass, a notice of the certified route.

4558

Section 70. Section 403.5113, Florida Statutes, is amended

4559

to read:

4560

403.5113 Postcertification amendments and review.--

4561

(1) POSTCERTIFICATION AMENDMENTS.--

4562

(a) If, subsequent to certification by the board, a

4563

licensee proposes any material change to the application and

4564

revisions or amendments thereto, as certified, the licensee shall

4565

submit a written request for amendment and a description of the

4566

proposed change to the application to the department. Within 30

4567

days after the receipt of the request for the amendment, the

4568

department shall determine whether the proposed change to the

4569

application requires a modification of the conditions of

4570

certification.

4571

(b)(2) If the department concludes that the change would

4572

not require a modification of the conditions of certification,

4573

the department shall provide written notification of the approval

4574

of the proposed amendment to the licensee, all agencies, and all

4575

other parties.

4576

(c)(3) If the department concludes that the change would

4577

require a modification of the conditions of certification, the

4578

department shall provide written notification to the licensee

4579

that the proposed change to the application requires a request

4580

for modification pursuant to s. 403.516.

4581

(2)(4) POSTCERTIFICATION REVIEW.--Postcertification

4582

submittals filed by the licensee with one or more agencies are

4583

for the purpose of monitoring for compliance with the issued

4584

certification and must be reviewed by the agencies on an

4585

expedited and priority basis because each facility certified

4586

under this act is a critical infrastructure facility. In no event

4587

shall a postcertification review be completed in more than 90

4588

days after complete information is submitted to the reviewing

4589

agencies.

4590

Section 71. Section 403.5115, Florida Statutes, is amended

4591

to read:

4592

403.5115 Public notice.--

4593

(1) The following notices are to be published by the

4594

applicant:

4595

(a) Notice of the filing of a notice of intent under s.

4596

403.5063, which shall be published within 21 days after the

4597

filing of the notice. The notice shall be published as specified

4598

by subsection (2), except that the newspaper notice shall be one-

4599

fourth page in size in a standard size newspaper or one-half page

4600

in size in a tabloid size newspaper.

4601

(b) Notice of filing of the application, which shall

4602

include a description of the proceedings required by this act,

4603

within 21 days after the date of the application filing. Such

4604

notice shall give notice of the provisions of s. 403.511(1) and

4605

(2).

4606

4607

made pursuant to s. 403.50665(2)(1) within 21 days after the

4608

deadline for the filing of the determination is filed.

4609

(d) If applicable, notice of the land use hearing, which

4610

shall be published as specified in subsection (2), no later than

4611

15 days before the hearing.

4612

(e) Notice of the certification hearing and notice of the

4613

deadline for filing notice of intent to be a party, which shall

4614

be published as specified in subsection (2), at least 65 days

4615

before the date set for the certification hearing. If one or more

4616

alternate corridors have been accepted for consideration, the

4617

notice of the certification hearing shall include a map of all

4618

corridors proposed for certification.

4619

(f) Notice of revised deadline for filing alternate

4620

corridors, if the certification hearing is rescheduled to adate

4621

other than as published in the notice of filing of the

4622

application. This notice shall be published at least 185 days

4623

before the rescheduled certification hearing and as specified in

4624

paragraph (2) except no map is required and the size of the

4625

notice shall be no less than six square inches.

4626

(g)(f) Notice of the cancellation of the certification

4627

hearing, if applicable, no later than 3 days before the date of

4628

the originally scheduled certification hearing. The newspaper

4629

notice shall be one-forth page in size in a standard size

4630

newspaper or one-half page in size in a tabloid size newspaper.

4631

(h)(g) Notice of modification when required by the

4632

department, based on whether the requested modification of

4633

certification will significantly increase impacts to the

4634

environment or the public. Such notice shall be published as

4635

specified under subsection (2):

4636

1. Within 21 days after receipt of a request for

4637

modification. The newspaper notice shall be of a size as directed

4638

by the department commensurate with the scope of the

4639

modification.

4640

2. If a hearing is to be conducted in response to the

4641

request for modification, then notice shall be published no later

4642

than 30 days before the hearing.

4643

(h) Notice of a supplemental application, which shall be

4644

published as specified in paragraph (b) and subsection (2).

4645

(i) Notice of existing site certification pursuant to s.

4646

403.5175. Notices shall be published as specified in paragraph

4647

(b) and subsection (2).

4648

(2) Notices provided by the applicant shall be published in

4649

newspapers of general circulation within the county or counties

4650

in which the proposed electrical power plant will be located. The

4651

newspaper notices, unless otherwise specified, shall be at least

4652

one-half page in size in a standard size newspaper or a full page

4653

in a tabloid size newspaper. These notices shall include a map

4654

generally depicting the project and all associated facilities

4655

corridors. A newspaper of general circulation shall be the

4656

newspaper which has the largest daily circulation in that county

4657

and has its principal office in that county. If the newspaper

4658

with the largest daily circulation has its principal office

4659

outside the county, the notices shall appear in both the

4660

newspaper having the largest circulation in that county and in a

4661

newspaper authorized to publish legal notices in that county.

4662

(3) All notices published by the applicant shall be paid

4663

for by the applicant and shall be in addition to the application

4664

fee.

4665

(4) The department shall arrange for publication of the

4666

following notices in the manner specified by chapter 120 and

4667

provide copies of those notices to any persons who have requested

4668

to be placed on the departmental mailing list for this purpose

4669

for each case for which an application has been received by the

4670

department:

4671

(a) Notice of the filing of the notice of intent within 15

4672

days after receipt of the notice.

4673

(b) Notice of the filing of the application, no later than

4674

21 days after the application filing.

4675

4676

s. 403.50665(2)(1) within 21 days after the deadline for the

4677

filing of the determination is filed.

4678

(d) Notice of the land use hearing before the

4679

administrative law judge, if applicable, no later than 15 days

4680

before the hearing.

4681

(e) Notice of the land use hearing before the board, if

4682

applicable.

4683

(f) Notice of the certification hearing at least 45 days

4684

before the date set for the certification hearing.

4685

(g) Notice of revised deadline for filing alternate

4686

corridors, if the certification hearing is rescheduled to a date

4687

other than as published in the notice of filing of the

4688

application. This notice shall be published at least 185 days

4689

before the rescheduled certification hearing.

4690

(h)(g) Notice of the cancellation of the certification

4691

hearing, if applicable, no later than 3 days prior to the date of

4692

the originally scheduled certification hearing.

4693

(i)(h) Notice of the hearing before the board, if

4694

applicable.

4695

(j)(i) Notice of stipulations, proposed agency action, or

4696

petitions for modification.

4697

(5) A local government or regional planning council that

4698

proposes to conduct an informational public meeting pursuant to

4699

s. 403.50663 must publish notice of the meeting in a newspaper of

4700

general circulation within the county or counties in which the

4701

proposed electrical power plant will be located no later than 7

4702

days prior to the meeting. A newspaper of general circulation

4703

shall be the newspaper which has the largest daily circulation in

4704

that county and has its principal office in that county. If the

4705

newspaper with the largest daily circulation has its principal

4706

office outside the county, the notices shall appear in both the

4707

newspaper having the largest circulation in that county and in a

4708

newspaper authorized to publish legal notices in that county.

4709

(6)(a) A good faith effort shall be made by the applicant

4710

to provide direct written notice of the filing of an application

4711

for certification by U.S. mail or hand delivery no later than 45

4712

days after filing of the application to all local landowners

4713

whose property, as noted in the most recent local government tax

4714

records, and residences, are located within the following

4715

distances of the proposed project:

4716

1. Five miles of the proposed main site boundaries of the

4717

proposed electrical power plant.

4718

2. One-quarter mile of the proposed boundaries of all

4719

linear associated facilities extending away from the main site

4720

boundary, such as any proposed electrical transmission line

4721

corridors as defined in s. 403.522(22).

4722

(b) No later than 60 days from the filing of an application

4723

for certification, the applicant shall file a list with the

4724

department's Siting Coordination Office of landowners and

4725

residences that were notified.

4726

(7)(a) A good faith effort shall be made by the proponent

4727

of an alternate corridor to provide direct written notice of the

4728

filing of an alternate corridor for certification by U.S. mail or

4729

hand delivery of the filing of no later than 30 days after filing

4730

of the alternate corridor to all local landowners whose property,

4731

as noted in the most recent local government tax records, and

4732

residences, are located within one-quarter mile of the proposed

4733

boundaries of the proposed alternate transmission line corridor

4734

that includes a transmission line as defined in s. 403.522(22).

4735

(b) No later than 45 days from the filing of an alternate

4736

corridor for certification, the proponent of an alternate

4737

corridor shall file a list with the department's Siting

4738

Coordination Office of landowners and residences that were

4739

notified.

4740

Section 72. Subsection (1) of section 403.516, Florida

4741

Statutes, is amended to read:

4742

403.516 Modification of certification.--

4743

(1) A certification may be modified after issuance in any

4744

one of the following ways:

4745

(a) The board may delegate to the department the authority

4746

to modify specific conditions in the certification.

4747

(b)1. The department may modify specific conditions of a

4748

site certification which are inconsistent with the terms of any

4749

federally delegated or approved permit for the certified

4750

electrical power plant.

4751

2. Such modification may be made without further notice if

4752

the matter has been previously noticed under the requirements for

4753

any federally delegated or approved permit program.

4754

4755

the department, or the department may initiate the modification

4756

upon its own initiative.

4757

1. A petition for modification must set forth:

4758

a. The proposed modification.

4759

b. The factual reasons asserted for the modification.

4760

c. The anticipated environmental effects of the proposed

4761

modification.

4762

2. The department may modify the terms and conditions of

4763

the certification if no party to the certification hearing

4764

objects in writing to such modification within 45 days after

4765

notice by mail to such party's last address of record, and if no

4766

other person whose substantial interests will be affected by the

4767

modification objects in writing within 30 days after issuance of

4768

public notice.

4769

3. If objections are raised or the department denies the

4770

request, the applicant or department may file a request for a

4771

hearing on the modification with the department. Such request

4772

shall be handled pursuant to chapter 120.

4773

4. Requests referred to the Division of Administrative

4774

Hearings shall be disposed of in the same manner as an

4775

application, but with time periods established by the

4776

administrative law judge commensurate with the significance of

4777

the modification requested.

4778

(d) As required by s. 403.511(5).

4779

Section 73. Subsection (1) of section 403.517, Florida

4780

Statutes, is amended to read:

4781

403.517 Supplemental applications for sites certified for

4782

ultimate site capacity.--

4783

(1)(a) Supplemental applications may be submitted for

4784

certification of the construction and operation of electrical

4785

power plants to be located at sites which have been previously

4786

certified for an ultimate site capacity pursuant to this act.

4787

Supplemental applications shall be limited to electrical power

4788

plants using the fuel type previously certified for that site.

4789

Such applications shall include all new directly associated

4790

facilities that support the construction and operation of the

4791

electrical power plant.

4792

(b) The review shall use the same procedural steps and

4793

notices as for an initial application.

4794

4795

supplemental application shall be designated by the department

4796

commensurate with the scope of the supplemental application, but

4797

shall not exceed any time limitation governing the review of

4798

initial applications for site certification pursuant to this act,

4799

it being the legislative intent to provide shorter time

4800

limitations for the processing of supplemental applications for

4801

electrical power plants to be constructed and operated at sites

4802

which have been previously certified for an ultimate site

4803

capacity.

4804

(d) Any time limitation in this section or in rules adopted

4805

pursuant to this section may be altered pursuant to s. 403.5095.

4806

Section 74. Subsections (1), (2), and (3) of section

4807

403.5175, Florida Statutes, are amended to read:

4808

403.5175 Existing electrical power plant site

4809

certification.--

4810

(1) An electric utility that owns or operates an existing

4811

electrical power plant as defined in s. 403.503(14) s.

4812

403.503(13) may apply for certification of an existing power

4813

plant and its site in order to obtain all agency licenses

4814

necessary to ensure compliance with federal or state

4815

environmental laws and regulation using the centrally

4816

coordinated, one-stop licensing process established by this part.

4817

An application for site certification under this section must be

4818

in the form prescribed by department rule. Applications must be

4819

reviewed and processed using the same procedural steps and

4820

notices as for an application for a new facility, except that a

4821

determination of need by the Public Service Commission is not

4822

required.

4823

(2) An application for certification under this section

4824

must include:

4825

(a) A description of the site and existing power plant

4826

installations, and associated facilities;

4827

(b) A description of all proposed changes or alterations to

4828

the site and or electrical power plant, including all new

4829

associated facilities that are the subject of the application;

4830

4831

caused by the existing utilization of the site and directly

4832

associated facilities, and the operation of the electrical power

4833

plant that is the subject of the application, and of the

4834

environmental and other benefits, if any, to be realized as a

4835

result of the proposed changes or alterations if certification is

4836

approved and such other information as is necessary for the

4837

reviewing agencies to evaluate the proposed changes and the

4838

expected impacts;

4839

(d) The justification for the proposed changes or

4840

alterations;

4841

(e) Copies of all existing permits, licenses, and

4842

compliance plans authorizing utilization of the site and directly

4843

associated facilities or operation of the electrical power plant

4844

that is the subject of the application.

4845

(3) The land use and zoning determination requirements of

4846

s. 403.50665 do not apply to an application under this section if

4847

the applicant does not propose to expand the boundaries of the

4848

existing site or to add additional offsite associated facilities

4849

that are not exempt from the provisions of s. 403.50665. If the

4850

applicant proposes to expand the boundaries of the existing site

4851

or to add additional offsite facilities that are not exempt from

4852

the provisions of s. 403.50665 to accommodate portions of the

4853

electrical generating facility plant or associated facilities, a

4854

land use and zoning determination shall be made as specified in

4855

s. 403.50665; provided, however, that the sole issue for

4856

determination is whether the proposed site expansion or

4857

additional non-exempt associated facilities are is consistent and

4858

in compliance with the existing land use plans and zoning

4859

ordinances.

4860

Section 75. Section 403.518, Florida Statutes, is amended

4861

to read:

4862

403.518 Fees; disposition.--The department shall charge the

4863

applicant the following fees, as appropriate, which, unless

4864

otherwise specified, shall be paid into the Florida Permit Fee

4865

Trust Fund:

4866

(1) A fee for a notice of intent pursuant to s. 403.5063,

4867

in the amount of $2,500, to be submitted to the department at the

4868

time of filing of a notice of intent. The notice-of-intent fee

4869

shall be used and disbursed in the same manner as the application

4870

fee.

4871

(2) An application fee, which shall not exceed $200,000.

4872

The fee shall be fixed by rule on a sliding scale related to the

4873

size, type, ultimate site capacity, or increase in electrical

4874

generating capacity proposed by the application.

4875

(a) Sixty percent of the fee shall go to the department to

4876

cover any costs associated with coordinating the review and

4877

acting upon the application, to cover any field services

4878

associated with monitoring construction and operation of the

4879

facility, and to cover the costs of the public notices published

4880

by the department.

4881

(b) The following percentages shall be transferred to the

4882

Operating Trust Fund of the Division of Administrative Hearings

4883

of the Department of Management Services:

4884

1. Five percent to compensate expenses from the initial

4885

exercise of duties associated with the filing of an application.

4886

2. An additional 5 percent if a land use hearing is held

4887

pursuant to s. 403.508.

4888

3. An additional 10 percent if a certification hearing is

4889

held pursuant to s. 403.508.

4890

4891

within 90 days after final agency action by the board, Secretary

4892

when applicable, or withdrawal of the application, the agencies

4893

that prepared reports pursuant to s. 403.507 or participated in a

4894

hearing pursuant to s. 403.508 may submit a written request to

4895

the department for reimbursement of expenses incurred during the

4896

certification proceedings. The request shall contain an

4897

accounting of expenses incurred which may include time spent

4898

reviewing the application, preparation of any studies required of

4899

the agencies by this act, agency travel and per diem to attend

4900

any hearing held pursuant to this act, and for any agency or

4901

local government's or regional planning council's provision of

4902

notice of public meetings or hearings required as a result of the

4903

application for certification. The department shall review the

4904

request and verify that the expenses are valid. Valid expenses

4905

shall be reimbursed; however, in the event the amount of funds

4906

available for reimbursement is insufficient to provide for full

4907

compensation to the agencies requesting reimbursement,

4908

reimbursement shall be on a prorated basis.

4909

2. If the application review is held in abeyance for more

4910

than 1 year, the agencies may submit a request for reimbursement.

4911

This time period shall be measured from the date the applicant

4912

has provided written notification to the department that it

4913

desires to have application review process placed on hold. The

4914

fee disbursement shall be processed in accordance with

4915

subparagraph 1.

4916

(d) If any sums are remaining, the department shall retain

4917

them for its use in the same manner as is otherwise authorized by

4918

this act; provided, however, that if the certification

4919

application is withdrawn, the remaining sums shall be refunded to

4920

the applicant within 90 days after the submittal of the written

4921

notification of withdrawal.

4922

(3)(a) A certification modification fee, which shall not

4923

exceed $30,000. The department shall establish rules for

4924

determining such a fee based on the number of agencies involved

4925

in the review, equipment redesign, change in site size, type,

4926

increase in generating capacity proposed, or change in an

4927

associated linear facility location.

4928

(b) The fee shall be submitted to the department with a

4929

petition for modification pursuant to s. 403.516. This fee shall

4930

be established, disbursed, and processed in the same manner as

4931

the application fee in subsection (2), except that the Division

4932

of Administrative Hearings shall not receive a portion of the fee

4933

unless the petition for certification modification is referred to

4934

the Division of Administrative Hearings for hearing. If the

4935

petition is so referred, only $10,000 of the fee shall be

4936

transferred to the Operating Trust Fund of the Division of

4937

Administrative Hearings of the Department of Management Services.

4938

(4) A supplemental application fee, not to exceed $75,000,

4939

to cover all reasonable expenses and costs of the review,

4940

processing, and proceedings of a supplemental application. This

4941

fee shall be established, disbursed, and processed in the same

4942

manner as the certification application fee in subsection (2).

4943

(5) An existing site certification application fee, not to

4944

exceed $200,000, to cover all reasonable costs and expenses of

4945

the review processing and proceedings for certification of an

4946

existing power plant site under s. 403.5175. This fee must be

4947

established, disbursed, and processed in the same manner as the

4948

certification application fee in subsection (2).

4949

(6)(a) An application fee for an alternate corridor filed

4950

pursuant to s. 403.5064(4). The application fee shall be $750

4951

per mile for each mile of the alternate corridor located within

4952

an existing electric transmission line right-of-way or within an

4953

existing right-of-way for a road, highway, railroad, or other

4954

aboveground linear facility, or $1,000 per mile for each mile of

4955

an electric transmission line corridor proposed to be located

4956

outside the existing right-of-way.

4957

Section 76. Subsection (4) of section 403.519, Florida

4958

Statutes, is amended to read:

4959

403.519 Exclusive forum for determination of need.--

4960

(4) In making its determination on a proposed electrical

4961

power plant using nuclear materials or synthesis gas produced by

4962

integrated gasification combined cycle power plant as fuel, the

4963

commission shall hold a hearing within 90 days after the filing

4964

of the petition to determine need and shall issue an order

4965

granting or denying the petition within 135 days after the date

4966

of the filing of the petition. The commission shall be the sole

4967

forum for the determination of this matter and the issues

4968

addressed in the petition, which accordingly shall not be

4969

reviewed in any other forum, or in the review of proceedings in

4970

such other forum. In making its determination to either grant or

4971

deny the petition, the commission shall consider the need for

4972

electric system reliability and integrity, including fuel

4973

diversity, the need for base-load generating capacity, the need

4974

for adequate electricity at a reasonable cost, and whether

4975

renewable energy sources and technologies, as well as

4976

conservation measures, are utilized to the extent reasonably

4977

available.

4978

(a) The applicant's petition shall include:

4979

1. A description of the need for the generation capacity.

4980

2. A description of how the proposed nuclear or integrated

4981

gasification combined cycle power plant will enhance the

4982

reliability of electric power production within the state by

4983

improving the balance of power plant fuel diversity and reducing

4984

Florida's dependence on fuel oil and natural gas.

4985

3. A description of and a nonbinding estimate of the cost

4986

of the nuclear or integrated gasification combined cycle power

4987

plant, including any costs associated with new, enlarged, or

4988

relocated electrical transmission lines or facilities of any size

4989

that are necessary to serve the nuclear power plant.

4990

4. The annualized base revenue requirement for the first 12

4991

months of operation of the nuclear or integrated gasification

4992

combined cycle power plant.

4993

5. Information on whether there were any discussions with

4994

any electric utilities regarding ownership of a portion of the

4995

nuclear or integrated gasification combined cycle power plant by

4996

such electric utilities.

4997

(b) In making its determination, the commission shall take

4998

into account matters within its jurisdiction, which it deems

4999

relevant, including whether the nuclear or integrated

5000

gasification combined cycle power plant will:

5001

1. Provide needed base-load capacity.

5002

2. Enhance the reliability of electric power production

5003

within the state by improving the balance of power plant fuel

5004

diversity and reducing Florida's dependence on fuel oil and

5005

natural gas.

5006

3. Provide the most cost-effective source of power, taking

5007

into account the need to improve the balance of fuel diversity,

5008

reduce Florida's dependence on fuel oil and natural gas, reduce

5009

air emission compliance costs, and contribute to the long-term

5010

stability and reliability of the electric grid.

5011

5012

Code, shall be applicable to a nuclear or integrated gasification

5013

combined cycle power plant sited under this act, including

5014

provisions for cost recovery, and an applicant shall not

5015

otherwise be required to secure competitive proposals for power

5016

supply prior to making application under this act or receiving a

5017

determination of need from the commission.

5018

(d) The commission's determination of need for a nuclear or

5019

integrated gasification combined cycle power plant shall create a

5020

presumption of public need and necessity and shall serve as the

5021

commission's report required by s. 403.507(4)(a). An order

5022

entered pursuant to this section constitutes final agency action.

5023

Any petition for reconsideration of a final order on a petition

5024

for need determination shall be filed within 5 days after the

5025

date of such order. The commission's final order, including any

5026

order on reconsideration, shall be reviewable on appeal in the

5027

Florida Supreme Court. Inasmuch as delay in the determination of

5028

need will delay siting of a nuclear or integrated gasification

5029

combined cycle power plant or diminish the opportunity for

5030

savings to customers under the federal Energy Policy Act of 2005,

5031

the Supreme Court shall proceed to hear and determine the action

5032

as expeditiously as practicable and give the action precedence

5033

over matters not accorded similar precedence by law.

5034

(e) After a petition for determination of need for a

5035

nuclear or integrated gasification combined cycle power plant has

5036

been granted, the right of a utility to recover any costs

5037

incurred prior to commercial operation, including, but not

5038

limited to, costs associated with the siting, design, licensing,

5039

or construction of the plant and new, expanded, or relocated

5040

electrical transmission lines or facilities of any size that are

5041

necessary to serve the nuclear power plant, shall not be subject

5042

to challenge unless and only to the extent the commission finds,

5043

based on a preponderance of the evidence adduced at a hearing

5044

before the commission under s. 120.57, that certain costs were

5045

imprudently incurred. Proceeding with the construction of the

5046

nuclear or integrated gasification combined cycle power plant

5047

following an order by the commission approving the need for the

5048

nuclear or integrated gasification combined cycle power plant

5049

under this act shall not constitute or be evidence of imprudence.

5050

Imprudence shall not include any cost increases due to events

5051

beyond the utility's control. Further, a utility's right to

5052

recover costs associated with a nuclear or integrated

5053

gasification combined cycle power plant may not be raised in any

5054

other forum or in the review of proceedings in such other forum.

5055

Costs incurred prior to commercial operation shall be recovered

5056

pursuant to chapter 366.

5057

Section 77. Subsection (1) of section 403.5252, Florida

5058

Statutes, is amended to read:

5059

403.5252 Determination of completeness.--

5060

(1)(a) Within 30 days after the filing distribution of an

5061

application, the affected agencies shall file a statement with

5062

the department containing the recommendations of each agency

5063

concerning the completeness of the application for certification.

5064

(b) Within 37 7 days after the filing receipt of the

5065

application completeness statements of each agency, the

5066

department shall file a statement with the Division of

5067

Administrative Hearings, with the applicant, and with all parties

5068

declaring its position with regard to the completeness of the

5069

application. The statement of the department shall be based upon

5070

its consultation with the affected agencies.

5071

Section 78. Subsections (1) and (2) of section 403.526,

5072

Florida Statutes, are amended to read:

5073

403.526 Preliminary statements of issues, reports, and

5074

project analyses; studies.--

5075

(1) Each affected agency that is required to file a report

5076

in accordance with this section shall submit a preliminary

5077

statement of issues to the department and all parties no later

5078

than the submittal of each agency's recommendation that the

5079

application is complete 50 days after the filing of the

5080

application. Such statements of issues shall be made available to

5081

each local government for use as information for public meetings

5082

held under s. 403.5272. The failure to raise an issue in this

5083

preliminary statement of issues does not preclude the issue from

5084

being raised in the agency's report.

5085

(2)(a) The following agencies shall prepare reports as

5086

provided below and shall submit them to the department and the

5087

applicant no later than 90 days after the filing of the

5088

application, unless a final order denying the Determination of

5089

Need has been issued under the provisions of s. 403.537:

5090

1. The department shall prepare a report as to the impact

5091

of each proposed transmission line or corridor as it relates to

5092

matters within its jurisdiction.

5093

2. Each water management district in the jurisdiction of

5094

which a proposed transmission line or corridor is to be located

5095

shall prepare a report as to the impact on water resources and

5096

other matters within its jurisdiction.

5097

3. The Department of Community Affairs shall prepare a

5098

report containing recommendations which address the impact upon

5099

the public of the proposed transmission line or corridor, based

5100

on the degree to which the proposed transmission line or corridor

5101

is consistent with the applicable portions of the state

5102

comprehensive plan, emergency management, and other matters

5103

within its jurisdiction. The Department of Community Affairs may

5104

also comment on the consistency of the proposed transmission line

5105

or corridor with applicable strategic regional policy plans or

5106

local comprehensive plans and land development regulations.

5107

4. The Fish and Wildlife Conservation Commission shall

5108

prepare a report as to the impact of each proposed transmission

5109

line or corridor on fish and wildlife resources and other matters

5110

within its jurisdiction.

5111

5. Each local government shall prepare a report as to the

5112

impact of each proposed transmission line or corridor on matters

5113

within its jurisdiction, including the consistency of the

5114

proposed transmission line or corridor with all applicable local

5115

ordinances, regulations, standards, or criteria that apply to the

5116

proposed transmission line or corridor, including local

5117

comprehensive plans, zoning regulations, land development

5118

regulations, and any applicable local environmental regulations

5119

adopted pursuant to s. 403.182 or by other means. A change by the

5120

responsible local government or local agency in local

5121

comprehensive plans, zoning ordinances, or other regulations made

5122

after the date required for the filing of the local government's

5123

report required by this section is not applicable to the

5124

certification of the proposed transmission line or corridor

5125

unless the certification is denied or the application is

5126

withdrawn.

5127

6. Each regional planning council shall present a report

5128

containing recommendations that address the impact upon the

5129

public of the proposed transmission line or corridor based on the

5130

degree to which the transmission line or corridor is consistent

5131

with the applicable provisions of the strategic regional policy

5132

plan adopted under chapter 186 and other impacts of each proposed

5133

transmission line or corridor on matters within its jurisdiction.

5134

7. The Department of Transportation shall prepare a report

5135

as to the impact of the proposed transmission line or corridor on

5136

state roads, railroads, airports, aeronautics, seaports, and

5137

other matters within its jurisdiction.

5138

8. The commission shall prepare a report containing its

5139

determination under s. 403.537, and the report may include the

5140

comments from the commission with respect to any other subject

5141

within its jurisdiction.

5142

9. Any other agency, if requested by the department, shall

5143

also perform studies or prepare reports as to subjects within the

5144

jurisdiction of the agency which may potentially be affected by

5145

the proposed transmission line.

5146

(b) Each report must contain:

5147

1. A notice of any nonprocedural requirements not

5148

specifically listed in the application from which a variance,

5149

exemption, exception, or other relief is necessary in order for

5150

the proposed corridor to be certified. Failure to include the

5151

notice shall be treated as a waiver from the nonprocedural

5152

requirements of that agency.

5153

2. A recommendation for approval or denial of the

5154

application.

5155

3. The proposed conditions of certification on matters

5156

within the jurisdiction of each agency. For each condition

5157

proposed by an agency, the agency shall list the specific

5158

statute, rule, or ordinance, as applicable, which authorizes the

5159

proposed condition.

5160

5161

required by this section no later than 15 days after the

5162

application is filed. Each agency shall keep the applicant and

5163

the department informed as to the progress of its studies and any

5164

issues raised thereby.

5165

(d) When an agency whose agency head is a collegial body,

5166

such as a commission, board, or council, is required to submit a

5167

report pursuant to this section and is required by its own

5168

internal procedures to have the report reviewed by its agency

5169

head prior to finalization, the agency may submit to the

5170

department a draft version of the report by the deadline

5171

indicated in paragraph (a), and shall submit a final version of

5172

the report after review by the agency head, no later than 15 days

5173

after the deadline indicated in paragraph (a).

5174

(e) Receipt of an affirmative determination of need from

5175

the commission by the submittal deadline for agency reports under

5176

paragraph (a) is a condition precedent to further processing of

5177

the application.

5178

Section 79. Subsections (4) and (6) of section 403.527,

5179

Florida Statutes, are amended to read:

5180

403.527 Certification hearing, parties, participants.--

5181

(4)(a) One public hearing where members of the public who

5182

are not parties to the certification hearing may testify shall be

5183

held in conjunction with the certification hearing.

5184

(b) Upon the request of the local government, one public

5185

hearing where members of the public who are not parties to the

5186

certification hearing and who reside within the jurisdiction of

5187

the local government may testify shall be held within the

5188

boundaries of each county in which a local government that made

5189

such a request is located, at the option of any local government.

5190

(c)(a) A local government shall notify the administrative

5191

law judge and all parties not later than 80 days prior to the

5192

certification hearing 21 days after the application has been

5193

determined complete as to whether the local government wishes to

5194

have a public hearing within the boundaries of its county. If a

5195

filing for an alternate corridor is accepted for consideration

5196

under s. 403.5271(1) by the department and the applicant, any

5197

newly affected local government must notify the administrative

5198

law judge and all parties not later than 10 days after the data

5199

concerning the alternate corridor has been determined complete as

5200

to whether the local government wishes to have such a public

5201

hearing. The local government is responsible for providing the

5202

location of the public hearing if held separately from the

5203

certification hearing.

5204

(d)(b) Within 5 days after notification, the administrative

5205

law judge shall determine the date of the public hearing, which

5206

shall be held before or during the certification hearing. If two

5207

or more local governments within one county request a public

5208

hearing, the hearing shall be consolidated so that only one

5209

public hearing is held in any county. The location of a

5210

consolidated hearing shall be determined by the administrative

5211

law judge.

5212

(e)(c) If a local government does not request a public

5213

hearing by the deadline specified in subparagraph 1. within 21

5214

days after the application has been determined complete, then

5215

members of the public who are not parties to the certification

5216

hearing and who reside persons residing within the jurisdiction

5217

of the local government may testify during the that portion of

5218

the certification hearing held under the provisions of paragraph

5219

(4)(a) at which public testimony is heard.

5220

(6)(a) No later than 29 25 days before the certification

5221

hearing, the department or the applicant may request that the

5222

administrative law judge cancel the certification hearing and

5223

relinquish jurisdiction to the department if all parties to the

5224

proceeding stipulate that there are no disputed issues of

5225

material fact or law to be raised at the certification hearing.

5226

(b) The administrative law judge shall issue an order

5227

granting or denying the request within 5 days.

5228

5229

department and the applicant shall publish notices of the

5230

cancellation of the certification hearing in accordance with s.

5231

403.5363.

5232

(d)1. If the administrative law judge grants the request,

5233

the department shall prepare and issue a final order in

5234

accordance with s. 403.529(1)(a).

5235

2. Parties may submit proposed final orders to the

5236

department no later than 10 days after the administrative law

5237

judge issues an order relinquishing jurisdiction.

5238

Section 80. Subsection (1) of section 403.5271, Florida

5239

Statutes, is amended to read:

5240

403.5271 Alternate corridors.--

5241

(1) No later than 45 days before the originally scheduled

5242

certification hearing, any party may propose alternate

5243

transmission line corridor routes for consideration under the

5244

provisions of this act.

5245

(a) A notice of a proposed alternate corridor must be filed

5246

with the administrative law judge, all parties, and any local

5247

governments in whose jurisdiction the alternate corridor is

5248

proposed. The filing must include the most recent United States

5249

Geological Survey 1:24,000 quadrangle maps specifically

5250

delineating the corridor boundaries, a description of the

5251

proposed corridor, and a statement of the reasons the proposed

5252

alternate corridor should be certified.

5253

(b)1. Within 7 days after receipt of the notice, the

5254

applicant and the department shall file with the administrative

5255

law judge and all parties a notice of acceptance or rejection of

5256

a proposed alternate corridor for consideration. If the alternate

5257

corridor is rejected by the applicant or the department, the

5258

certification hearing and the public hearings shall be held as

5259

scheduled. If both the applicant and the department accept a

5260

proposed alternate corridor for consideration, the certification

5261

hearing and the public hearings shall be rescheduled, if

5262

necessary. If a filing for an alternate corridor is accepted for

5263

consideration by the department and the applicant, any newly

5264

affected local government must notify the administrative law

5265

judge and all parties not later than 65 days prior to the

5266

rescheduled certification hearing as to whether the local

5267

government wishes to have such a public hearing. The local

5268

government is responsible for providing the location of the

5269

public hearing if held separately from the certification hearing.

5270

The provisions of s. 403.527(4)(b) and (c) shall apply. Notice

5271

of the local hearings shall be published in accordance with s.

5272

403.5363.

5273

2. If rescheduled, the certification hearing shall be held

5274

no more than 90 days after the previously scheduled certification

5275

hearing, unless the data submitted under paragraph (d) is

5276

determined to be incomplete, in which case the rescheduled

5277

certification hearing shall be held no more than 105 days after

5278

the previously scheduled certification hearing. If additional

5279

time is needed due to the alternate corridor crossing a local

5280

government jurisdiction that was not previously affected, the

5281

remainder of the schedule listed below shall be appropriately

5282

adjusted by the administrative law judge to allow that local

5283

government to prepare a report pursuant to s. 403.526(2)(a)5.

5284

Notice that the certification hearing has been deferred due to

5285

the acceptance of the alternate corridor shall be published in

5286

accordance with s. 403.5363.

5287

5288

revised time schedules, of the deadline for newly affected

5289

persons and agencies to file notice of intent to become a party,

5290

of the rescheduled hearing date, and of the proceedings shall be

5291

published by the alternate proponent in accordance with s.

5292

403.5363(2) and (6). If the notice is not timely published or

5293

does not meet the notice requirements, the alternate shall be

5294

deemed withdrawn.

5295

(d) Within 21 days after acceptance of an alternate

5296

corridor by the department and the applicant, the party proposing

5297

an alternate corridor shall have the burden of providing all data

5298

to the agencies listed in s. 403.526(2) and newly affected

5299

agencies necessary for the preparation of a supplementary report

5300

on the proposed alternate corridor.

5301

(e)1. Reviewing agencies shall advise the department of any

5302

issues concerning completeness no later than 15 days after the

5303

submittal of the data required by paragraph (d). Within 22 days

5304

after receipt of the data, the department shall issue a

5305

determination of completeness.

5306

2. If the department determines that the data required by

5307

paragraph (d) is not complete, the party proposing the alternate

5308

corridor must file such additional data to correct the

5309

incompleteness. This additional data must be submitted within 14

5310

days after the determination by the department.

5311

3. Reviewing agencies may advise the department of any

5312

issues concerning completeness of the additional data within 10

5313

days after the filing by the party proposing the alternate

5314

corridor. If the department, within 14 days after receiving the

5315

additional data, determines that the data remains incomplete, the

5316

incompleteness of the data is deemed a withdrawal of the proposed

5317

alternate corridor. The department may make its determination

5318

based on recommendations made by other affected agencies.

5319

(f) The agencies listed in s. 403.526(2) and any newly

5320

affected agencies shall file supplementary reports with the

5321

applicant and the department which address the proposed alternate

5322

corridors no later than 24 days after the data submitted pursuant

5323

to paragraph (d) or paragraph (e) is determined to be complete.

5324

(g) The agency reports on alternate corridors must include

5325

all information required by s. 403.526(2).

5326

(h) When an agency whose agency head is a collegial body,

5327

such as a commission, board, or council, is required to submit a

5328

report pursuant to this section and is required by its own

5329

internal procedures to have the report reviewed by its agency

5330

head prior to finalization, the agency may submit to the

5331

department a draft version of the report by the deadline

5332

indicated in paragraph (f), and shall submit a final version of

5333

the report after review by the agency head no later than 7 days

5334

after the deadline indicated in paragraph (f).

5335

(i) The department shall file with the administrative law

5336

judge, the applicant, and all parties a project analysis

5337

consistent with s. 403.526(3) no more than 16 days after

5338

submittal of agency reports on the proposed alternate corridor.

5339

Section 81. Subsection (3) of section 403.5272, Florida

5340

Statutes, is amended to read:

5341

403.5272 Informational public meetings.--

5342

(3) A local government or regional planning council that

5343

intends to conduct an informational public meeting must provide

5344

notice of the meeting, with notice sent to all parties listed in

5345

s. 403.527(2)(a), not less than 15 5 days before the meeting and

5346

to the general public, in accordance with the provisions of s.

5347

403.5363(4).

5348

Section 82. Subsection (1) of section 403.5312, Florida

5349

Statutes, is amended to read:

5350

403.5312 Filing of notice of certified corridor route.--

5351

(1) Within 60 days after certification of a directly

5352

associated transmission line under ss. 403.501-403.518 or a

5353

transmission line corridor under ss. 403.52-403.5365, the

5354

applicant shall file with the department and, in accordance with

5355

s. 28.222, with the clerk of the circuit court for each county

5356

through which the corridor will pass, a notice of the certified

5357

route.

5358

Section 83. Section 403.5363, Florida Statutes, is amended

5359

to read:

5360

403.5363 Public notices; requirements.--

5361

(1)(a) The applicant shall arrange for the publication of

5362

the notices specified in paragraph (b).

5363

1. The notices shall be published in newspapers of general

5364

circulation within counties crossed by the transmission line

5365

corridors proper for certification. The required newspaper

5366

notices for filing of an application and for the certification

5367

hearing shall be one-half page in size in a standard-size

5368

newspaper or a full page in a tabloid-size newspaper and

5369

published in a section of the newspaper other than the section

5370

for legal notices. These two notices must include a map generally

5371

depicting all transmission corridors proper for certification. A

5372

newspaper of general circulation shall be the newspaper within a

5373

county crossed by a transmission line corridor proper for

5374

certification which newspaper has the largest daily circulation

5375

in that county and has its principal office in that county. If

5376

the newspaper having the largest daily circulation has its

5377

principal office outside the county, the notices must appear in

5378

both the newspaper having the largest circulation in that county

5379

and in a newspaper authorized to publish legal notices in that

5380

county.

5381

2. The department shall adopt rules specifying the content

5382

of the newspaper notices.

5383

3. All notices published by the applicant shall be paid for

5384

by the applicant and shall be in addition to the application fee.

5385

(b) Public notices that must be published under this

5386

section include:

5387

1. The notice of the filing of an application, which must

5388

include a description of the proceedings required by this act.

5389

The notice must describe the provisions of s. 403.531(1) and (2)

5390

and give the date by which notice of intent to be a party or a

5391

petition to intervene in accordance with s. 403.527(2) must be

5392

filed. This notice must be published no more than 21 days after

5393

the application is filed. The notice shall, at a minimum, be

5394

one-half page in size in a standard-size newspaper or a full page

5395

in a tabloid-size newspaper. The notice must include a map

5396

generally depicting all transmission corridors proper for

5397

certification.

5398

2. The notice of the certification hearing and any other

5399

public hearing held permitted under s. 403.527(4). The notice

5400

must include the date by which a person wishing to appear as a

5401

party must file the notice to do so. The notice of the originally

5402

scheduled certification hearing must be published at least 65

5403

days before the date set for the certification hearing. The

5404

notice shall meet the same size and map requirements required in

5405

subparagraph 1.

5406

3. The notice of the cancellation of the certification

5407

hearing under s. 403.527(6), if applicable. The notice must be

5408

published at least 3 days before the date of the originally

5409

scheduled certification hearing. The notice shall, at a minimum,

5410

be one-quarter page in size in a standard-size newspaper or one-

5411

half page in a tabloid-size newspaper. The notice shall not

5412

require a map to be included.

5413

4. The notice of the deferment of the certification hearing

5414

due to the acceptance of an alternate corridor under s.

5415

403.5272(1)(b)2. The notice must be published at least 7 days

5416

before the date of the originally scheduled certification

5417

hearing. The notice shall, at a minimum, be one-eighth page in

5418

size in a standard-size newspaper or one-quarter page in a

5419

tabloid-size newspaper. The notice shall not require a map to be

5420

included.

5421

5. If the notice of the rescheduled certification hearing

5422

required of an alternate proponent under s. 403.5271(1)(c) is not

5423

timely published or does not meet the notice requirements such

5424

that an alternate corridor is withdrawn under the provisions of

5425

s. 403.5271(1)(c), the notice of rescheduled hearing and any

5426

local hearings shall be provided by the applicant at least 30

5427

days prior to the rescheduled certification hearing.

5428

6.4. The notice of the filing of a proposal to modify the

5429

certification submitted under s. 403.5315, if the department

5430

determines that the modification would require relocation or

5431

expansion of the transmission line right-of-way or a certified

5432

substation.

5433

(2) Each The proponent of an alternate corridor shall

5434

arrange for newspaper notice of the publication of the filing of

5435

the proposal for an alternate corridor. If there is more than

5436

one alternate proponent, the proponents may jointly publish

5437

notice, so long as the content requirements below are met and the

5438

maps are legible.

5439

(a) The notice shall specify, the revised time schedules,

5440

the date by which newly affected persons or agencies may file the

5441

notice of intent to become a party, and the date of the

5442

rescheduled hearing, and any public hearing held under s.

5443

403.527(1)(b)1.

5444

(b) A notice listed in this subsection must be published in

5445

a newspaper of general circulation within the county or counties

5446

crossed by the proposed alternate corridor and comply with the

5447

content, size, and map requirements set forth in this section

5448

paragraph (1)(a).

5449

5450

published not less than 45 50 days before the rescheduled

5451

certification hearing.

5452

(3) The department shall arrange for the publication of the

5453

following notices in the manner specified by chapter 120:

5454

(a) The notice of the filing of an application and the date

5455

by which a person intending to become a party must file a

5456

petition to intervene or a notice of intent to be a party. The

5457

notice must be published no later than 21 days after the

5458

application has been filed.

5459

(b) The notice of any administrative hearing for

5460

certification, if applicable. The notice must be published not

5461

less than 65 days before the date set for a hearing, except that

5462

notice for a rescheduled certification hearing after acceptance

5463

of an alternative corridor must be published not less than 50

5464

days before the date set for the hearing.

5465

5466

hearing under s. 403.527(6), if applicable. The notice must be

5467

published not later than 7 days before the date of the originally

5468

scheduled certification hearing.

5469

(d) The notice of the deferment of the certification

5470

hearing due to the acceptance of an alternate corridor under s.

5471

403.527(1)(b)2. The notice must be published at least 7 days

5472

before the date of the originally scheduled certification

5473

hearing.

5474

(e)(d) The notice of the hearing before the siting board,

5475

if applicable.

5476

(f)(e) The notice of stipulations, proposed agency action,

5477

or a petition for modification.

5478

(4) A local government or regional planning council that

5479

proposes to conduct an informational public meeting pursuant to

5480

s. 403.5272 must publish notice of the meeting in a newspaper of

5481

general circulation within the county or counties in which the

5482

proposed electrical transmission line will be located no later

5483

than 7 days prior to the meeting. A newspaper of general

5484

circulation shall be the newspaper which has the largest daily

5485

circulation in that county and has its principal office in that

5486

county. If the newspaper with the largest daily circulation has

5487

its principal office outside the county, the notices shall appear

5488

in both the newspaper having the largest circulation in that

5489

county and in a newspaper authorized to publish legal notices in

5490

that county.

5491

(5)(a) A good faith effort shall be made by the applicant

5492

to provide direct notice of the filing of an application for

5493

certification by U.S. mail or hand delivery no later than 45 days

5494

after filing of the application to all local landowners whose

5495

property, as noted in the most recent local government tax

5496

records, and residences, are located within one-quarter mile of

5497

the proposed boundaries of the proposed electrical transmission

5498

line corridors, that include a transmission line defined by s.

5499

403.522(22).

5500

(b) No later than 60 days after the filing of an

5501

application for certification, the applicant shall file a list

5502

with the department's Siting Coordination Office of landowners

5503

and residences that were notified.

5504

(6)(a) A good faith effort shall be made by the proponent

5505

of an alternate corridor to provide direct notice of the filing

5506

of an alternate corridor for certification by U.S. mail or hand

5507

delivery of the filing of no later than 30 days after filing of

5508

the alternate corridor to all local landowners whose property, as

5509

noted in the most recent local government tax records, and

5510

residences, are located within one-quarter mile of the proposed

5511

boundaries of the proposed alternate transmission line corridor

5512

that includes a transmission line defined by 403.522(22).

5513

(b) No later than 45 days after the filing of an alternate

5514

corridor for certification, the proponent of an alternate

5515

corridor shall file a list with the department's Siting

5516

Coordination Office of landowners and residences that were

5517

notified.

5518

Section 84. Subsection (1) of section 403.5365, Florida

5519

Statutes, is amended to read:

5520

403.5365 Fees; disposition.--The department shall charge

5521

the applicant the following fees, as appropriate, which, unless

5522

otherwise specified, shall be paid into the Florida Permit Fee

5523

Trust Fund:

5524

(1) An application fee.

5525

(a) The application fee shall be $100,000, plus $750 per

5526

mile for each mile of corridor in which the transmission line

5527

right-of-way is proposed to be located within an existing

5528

electric transmission line right-of-way or within any existing

5529

right-of-way for any road, highway, railroad, or other

5530

aboveground linear facility, or $1,000 per mile for each mile of

5531

electric transmission line corridor proposed to be located

5532

outside the existing right-of-way.

5533

(b) Sixty percent of the fee shall go to the department to

5534

cover any costs associated with coordinating the review of and

5535

acting upon the application and any costs for field services

5536

associated with monitoring construction and operation of the

5537

electric transmission line facility.

5538

5539

Operating Trust Fund of the Division of Administrative Hearings

5540

of the Department of Management Services:

5541

1. Five percent to compensate for expenses from the initial

5542

exercise of duties associated with the filing of an application.

5543

2. An additional 10 percent if an administrative hearing

5544

under s. 403.527 is held.

5545

(d)1. Upon written request with proper itemized accounting

5546

within 90 days after final agency action by the siting board or

5547

the department or written notification of the withdrawal of the

5548

application, the agencies that prepared reports under s. 403.526

5549

or s. 403.5271 or participated in a hearing under s. 403.527 or

5550

s. 403.5271 may submit a written request to the department for

5551

reimbursement of expenses incurred during the certification

5552

proceedings. The request must contain an accounting of expenses

5553

incurred, which may include time spent reviewing the application,

5554

preparation of any studies required of the agencies by this act,

5555

agency travel and per diem to attend any hearing held under this

5556

act, and for the local government or regional planning council

5557

providing additional notice of the informational public meeting.

5558

The department shall review the request and verify whether a

5559

claimed expense is valid. Valid expenses shall be reimbursed;

5560

however, if the amount of funds available for reimbursement is

5561

insufficient to provide for full compensation to the agencies,

5562

reimbursement shall be on a prorated basis.

5563

2. If the application review is held in abeyance for more

5564

than 1 year, the agencies may submit a request for reimbursement

5565

under subparagraph 1. This time period shall be measured from the

5566

date the applicant has provided written notification to the

5567

department that it desires to have the application review process

5568

placed on hold. The fee disbursement shall be processed in

5569

accordance with subparagraph 1.

5570

(e) If any sums are remaining, the department shall retain

5571

them for its use in the same manner as is otherwise authorized by

5572

this section; however, if the certification application is

5573

withdrawn, the remaining sums shall be refunded to the applicant

5574

within 90 days after submittal of the written notification of

5575

withdrawal.

5576

Section 85. Section 403.7031, Florida Statutes, is amended

5577

to read:

5578

403.7031 Limitations on definitions adopted by local

5579

ordinance.--A county or a municipality may shall not adopt by

5580

ordinance, or use in practice, any definition that is

5581

inconsistent with the definitions in s. 403.703.

5582

Section 86. Section 403.7055, Florida Statutes, is created

5583

to read:

5584

403.7055 Methane capture.--

5585

(1) Each county is encouraged to form multicounty regional

5586

solutions to the capture and reuse or sale of methane gas from

5587

landfills and wastewater treatment facilities.

5588

(2) The department shall provide planning guidelines and

5589

technical assistance to each county to develop and implement such

5590

multicounty efforts.

5591

Section 87. Paragraph (i) of subsection (6) of section

5592

403.814, Florida Statutes, is amended to read:

5593

403.814 General permits; delegation.--

5594

(6) Construction and maintenance of electric transmission

5595

or distribution lines in wetlands by electric utilities, as

5596

defined in s. 366.02, shall be authorized by general permit

5597

provided the following provisions are implemented:

5598

(i) This subsection also applies to transmission lines and

5599

appurtenances certified pursuant to part II of this chapter.

5600

However, the criteria of the general permit shall not otherwise

5601

affect the authority of the siting board to condition

5602

certification of transmission lines as authorized under part II

5603

of this chapter.

5604

5605

Maintenance of existing electric lines and clearing of vegetation

5606

in wetlands conducted without the placement of structures in

5607

wetlands or other dredge and fill activities does not require an

5608

individual or general construction permit. For the purpose of

5609

this subsection, wetlands shall mean the landward extent of

5610

waters of the state regulated under ss. 403.91-403.929 and

5611

isolated and nonisolated wetlands regulated under part IV of

5612

chapter 373. The provisions provided in this subsection apply to

5613

the permitting requirements of the department, any water

5614

management district, and any local government implementing part

5615

IV of chapter 373 or part VIII of this chapter.

5616

Section 88. Section 489.145, Florida Statutes, is amended

5617

to read:

5618

489.145 Guaranteed energy performance savings

5619

contracting.--

5620

(1) SHORT TITLE.--This section may be cited as the

5621

"Guaranteed Energy, Water, and Wastewater Performance Savings

5622

Contracting Act."

5623

(2) LEGISLATIVE FINDINGS.--The Legislature finds that

5624

investment in energy, water, and wastewater conservation measures

5625

in agency facilities can reduce the amount of energy and water

5626

consumed and wastewater treated and produce immediate and long-

5627

term savings. It is the policy of this state to encourage each

5628

agency agencies to invest in energy, water, and wastewater

5629

efficiency and conservation measures that reduce energy

5630

consumption, produce a cost savings for the agency, and improve

5631

the quality of indoor air in public facilities and to operate,

5632

maintain, and, when economically feasible, build or renovate

5633

existing agency facilities in such a manner as to minimize energy

5634

and water consumption and wastewater production and maximize

5635

energy, water, and wastewater savings. It is further the policy

5636

of this state to encourage agencies to reinvest any energy

5637

savings resulting from energy, water, and wastewater efficiency

5638

and conservation measures in additional energy, water, and

5639

wastewater conservation measures efforts.

5640

(3) DEFINITIONS.--As used in this section, the term:

5641

(a) "Agency" means the state, a municipality, or a

5642

political subdivision.

5643

(b) "Energy conservation measure" means a training program,

5644

facility alteration, or equipment purchase to be used in new

5645

construction, including an addition to an existing facilities or

5646

infrastructure facility, which reduces energy, water, or

5647

wastewater or energy-related operating costs and includes, but is

5648

not limited to:

5649

1. Insulation of the facility structure and systems within

5650

the facility.

5651

2. Storm windows and doors, caulking or weatherstripping,

5652

multiglazed windows and doors, heat-absorbing, or heat-

5653

reflective, glazed and coated window and door systems, additional

5654

glazing, reductions in glass area, and other window and door

5655

system modifications that reduce energy consumption.

5656

3. Automatic energy control systems.

5657

4. Heating, ventilating, or air-conditioning system

5658

modifications or replacements.

5659

5. Replacement or modifications of lighting fixtures to

5660

increase the energy efficiency of the lighting system, which, at

5661

a minimum, must conform to the applicable state or local building

5662

code.

5663

6. Energy recovery systems.

5664

7. Cogeneration systems that produce steam or forms of

5665

energy such as heat, as well as electricity, for use primarily

5666

within a facility or complex of facilities.

5667

8. Energy conservation measures that reduce Btu, kW, or kWh

5668

consumed or that provide long-term operating cost reductions or

5669

significantly reduce Btu consumed.

5670

9. Renewable energy systems, such as solar, biomass, or

5671

wind systems.

5672

10. Devices that reduce water consumption or sewer charges.

5673

11. Energy storage systems, such as fuel cells and thermal

5674

storage.

5675

12. Energy generating technologies, such as microturbines.

5676

13. Any other repair, replacement, or upgrade of existing

5677

equipment.

5678

5679

measured reduction in the cost of fuel, energy, or water

5680

consumption or wastewater production, and stipulated operation

5681

and maintenance created from the implementation of one or more

5682

energy, water, or wastewater efficiency or conservation measures

5683

when compared with an established baseline for the previous cost

5684

of fuel, energy, or water consumption or wastewater production,

5685

and stipulated operation and maintenance.

5686

(d) "Guaranteed energy, water, and wastewater performance

5687

savings contract" means a contract for the evaluation,

5688

recommendation, and implementation of energy, water, and

5689

wastewater efficiency or conservation measures, which, at a

5690

minimum, shall include:

5691

1. The design and installation of equipment to implement

5692

one or more of such measures and, if applicable, operation and

5693

maintenance of such measures.

5694

2. The amount of any actual annual savings that meet or

5695

exceed total annual contract payments made by the agency for the

5696

contract.

5697

3. The finance charges incurred by the agency over the life

5698

of the contract.

5699

(e) "Guaranteed energy performance savings contractor"

5700

means a person or business that is licensed under chapter 471,

5701

chapter 481, or this chapter, and is experienced in the analysis,

5702

design, implementation, or installation of energy conservation

5703

measures through energy performance contracts.

5704

(f) "Investment grade energy audit" means a detailed

5705

energy, water, and wastewater audit, along with an accompanying

5706

analysis of proposed energy, water, and wastewater conservation

5707

measures, and their costs, savings, and benefits prior to entry

5708

into an energy savings contract.

5709

(4) PROCEDURES.--

5710

(a) An agency may enter into a guaranteed energy

5711

performance savings contract with a guaranteed energy performance

5712

savings contractor to significantly reduce energy, water, or

5713

wastewater consumption or production of energy-related operating

5714

costs of an agency facility through one or more energy, water, or

5715

wastewater efficiency or conservation measures.

5716

(b) Before design and installation of energy conservation

5717

measures, the agency must obtain from a guaranteed energy

5718

performance savings contractor an investment grade audit a report

5719

that summarizes the costs associated with the energy conservation

5720

measures or energy-related operational cost-saving measures and

5721

provides an estimate of the amount of the energy cost savings.

5722

The agency and the guaranteed energy performance savings

5723

contractor may enter into a separate agreement to pay for costs

5724

associated with the preparation and delivery of the report;

5725

however, payment to the contractor shall be contingent upon the

5726

report's projection of energy or operational cost savings being

5727

equal to or greater than the total projected costs of the design

5728

and installation of the report's energy conservation measures.

5729

5730

performance savings contract with a guaranteed energy performance

5731

savings contractor if the agency finds that the amount the agency

5732

would spend on the energy conservation or energy-related cost-

5733

savings measures will not likely exceed the amount of the energy

5734

or energy-related cost savings for up to 20 years from the date

5735

of installation, based on the life cycle cost calculations

5736

provided in s. 255.255, if the recommendations in the report were

5737

followed and if the qualified provider or providers give a

5738

written guarantee that the energy or energy-related cost savings

5739

will meet or exceed the costs of the system. However, actual

5740

computed cost savings must meet or exceed the estimated cost

5741

savings provided in program approval. Baseline adjustments used

5742

in calculations must be specified in the contract. The contract

5743

may provide for installment payments for a period not to exceed

5744

20 years.

5745

(d) A guaranteed energy performance savings contractor must

5746

be selected in compliance with s. 287.055; except that if fewer

5747

than three firms are qualified to perform the required services,

5748

the requirement for agency selection of three firms, as provided

5749

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

5750

not apply.

5751

(e) Before entering into a guaranteed energy performance

5752

savings contract, an agency must provide published notice of the

5753

meeting in which it proposes to award the contract, the names of

5754

the parties to the proposed contract, and the contract's purpose.

5755

(f) A guaranteed energy performance savings contract may

5756

provide for financing, including tax-exempt financing, by a third

5757

party. The contract for third party financing may be separate

5758

from the guaranteed energy performance contract. A separate

5759

contract for third party financing must include a provision that

5760

the third party financier must not be granted rights or

5761

privileges that exceed the rights and privileges available to the

5762

guaranteed energy performance savings contractor.

5763

(g) Financing for guaranteed energy performance savings

5764

contracts may be provided under the authority of s. 287.064.

5765

(h) The office of the Chief Financial Officer shall review

5766

proposals from state agencies to ensure that the most effective

5767

financing is being used.

5768

(i) Annually, the agency that has entered into the contract

5769

shall provide the Department of Management Services and the Chief

5770

Financial Officer the measurement and verification report

5771

required by the contract to validate that energy savings have

5772

occurred.

5773

(j)(g) In determining the amount the agency will finance to

5774

acquire the energy conservation measures, the agency may reduce

5775

such amount by the application of any grant moneys, rebates, or

5776

capital funding available to the agency for the purpose of buying

5777

down the cost of the guaranteed energy performance savings

5778

contract. However, in calculating the life cycle cost as required

5779

in paragraph (c), the agency shall not apply any grants, rebates,

5780

or capital funding.

5781

(5) CONTRACT PROVISIONS.--

5782

(a) A guaranteed energy performance savings contract must

5783

include a written guarantee that may include, but is not limited

5784

to the form of, a letter of credit, insurance policy, or

5785

corporate guarantee by the guaranteed energy performance savings

5786

contractor that annual associated energy cost savings will meet

5787

or exceed the amortized cost of energy conservation measures.

5788

(b) The guaranteed energy performance savings contract must

5789

provide that all payments, except obligations on termination of

5790

the contract before its expiration, may be made over time, but

5791

not to exceed 20 years from the date of complete installation and

5792

acceptance by the agency, and that the annual savings are

5793

guaranteed to the extent necessary to make annual payments to

5794

satisfy the guaranteed energy performance savings contract.

5795

5796

require that the guaranteed energy performance savings contractor

5797

to whom the contract is awarded provide a 100-percent public

5798

construction bond to the agency for its faithful performance, as

5799

required by s. 255.05.

5800

(d) The guaranteed energy performance savings contract may

5801

contain a provision allocating to the parties to the contract any

5802

annual energy cost savings that exceed the amount of the energy

5803

cost savings guaranteed in the contract.

5804

(e) The guaranteed energy performance savings contract

5805

shall require the guaranteed energy performance savings

5806

contractor to provide to the agency an annual reconciliation of

5807

the guaranteed energy or energy-related cost savings. If the

5808

reconciliation reveals a shortfall in annual energy or energy-

5809

related cost savings, the guaranteed energy performance savings

5810

contractor is liable for such shortfall. If the reconciliation

5811

reveals an excess in annual energy cost savings, the excess

5812

savings may be allocated under paragraph (d) but may not be used

5813

to cover potential energy cost savings shortages in subsequent

5814

contract years.

5815

(f) The guaranteed energy performance savings contract must

5816

provide for payments of not less than one-twentieth of the price

5817

to be paid within 2 years from the date of the complete

5818

installation and acceptance by the agency using straight-line

5819

amortization for the term of the loan, and the remaining costs to

5820

be paid at least quarterly, not to exceed a 20-year term, based

5821

on life cycle cost calculations.

5822

(g) The guaranteed energy performance savings contract may

5823

extend beyond the fiscal year in which it becomes effective;

5824

however, the term of any contract expires at the end of each

5825

fiscal year and may be automatically renewed annually for up to

5826

20 years, subject to the agency making available sufficient

5827

annual funds appropriations based upon continued realized energy

5828

savings.

5829

(h) The guaranteed energy performance savings contract must

5830

stipulate that it does not constitute a debt, liability, or

5831

obligation of the state.

5832

(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The

5833

Department of Management Services, with the assistance of the

5834

Office of the Chief Financial Officer, shall may, within

5835

available resources, provide technical content assistance to

5836

state agencies contracting for energy conservation measures and

5837

engage in other activities considered appropriate by the

5838

department for promoting and facilitating guaranteed energy

5839

performance contracting by state agencies. The Department of

5840

Management Services shall review the investment-grade audit for

5841

each proposed project and certify that the cost savings are

5842

appropriate and sufficient for the term of the contract. The

5843

Office of the Chief Financial Officer, with the assistance of the

5844

Department of Management Services, shall develop model

5845

contractual and other related documents and shall, by rule may,

5846

within available resources, develop the contract requirements

5847

model contractual and related documents for use by state and

5848

other agencies. Prior to entering into a guaranteed energy

5849

performance savings contract, any contract or lease for third-

5850

party financing, or any combination of such contracts, a state

5851

agency shall submit such proposed contract or lease to the Office

5852

of the Chief Financial Officer for review and approval. A

5853

proposed contract or lease shall include:

5854

(a) Supporting information required by s. 216.023(a)9. in

5855

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

5856

489.145, the criteria may, at a minimum, include the

5857

specification of a benchmark cost of capital and minimum real

5858

rate of return on energy, water, or wastewater savings against

5859

which proposals shall be evaluated.

5860

(b) Documentation supporting recurring funds requirements

5861

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

5862

5863

(d) An agency measurement and verification plan to monitor

5864

cost savings.

5865

(7) FUNDING SUPPORT.--For purposes of consolidated

5866

financing of deferred payment commodity contracts under this

5867

section by a state agency, any such contract must be supported

5868

from available recurring funds appropriated to the agency in an

5869

appropriation category, as defined in chapter 216, which the

5870

Legislature has designated for payment of the obligation incurred

5871

under this section, or which the Chief Financial Officer has

5872

determined is appropriate.

5873

5874

The office of the Chief Financial Officer may not approve any

5875

contract from any state agency submitted under this section which

5876

does not meet the requirements of this section.

5877

Section 89. Section 526.203, Florida Statutes, is created

5878

to read:

5879

526.203 Renewable fuel standard.--

5880

(1) DEFINITIONS.--As used in this ss. 526.203-526.206, the

5881

terms "blender," "exporter," "importer," "terminal supplier," and

5882

"wholesaler" shall be defined as provided in s. 206.01.

5883

(a) "Fuel ethanol-blended gasoline" means a mixture of 90

5884

percent gasoline and 10 percent fuel ethanol or similar alcohol.

5885

The 10 percent fuel ethanol, or similar alcohol, portion may be

5886

derived from any agricultural source.

5887

(b) "Unblended gasoline" means gasoline that has not been

5888

blended with fuel ethanol.

5889

(2) FUEL STANDARD.--On and after December 31, 2010, all

5890

gasoline sold or offered for sale in Florida at retail shall

5891

contain, at a minimum 10 percent of a agriculturally derived,

5892

denatured ethanol fuel by volume. No terminal supplier, importer,

5893

exporter, blender, or wholesaler in this state shall sell or

5894

deliver fuel that which does not meet the blending requirements

5895

of ss. 526.203-526.206.

5896

(3) EXEMPTIONS.--The requirements of ss. 526.203-526.206 do

5897

not apply to the following:

5898

(a) Fuel used in aircraft;

5899

(b) Fuel sold at marinas and mooring docks for use in boats

5900

and similar watercraft;

5901

5902

be used exclusively as a fuel for off-highway motor sports racing

5903

events;

5904

(d) Fuel sold for use in collector vehicles or vehicles

5905

eligible to be licensed as collector vehicles, off-road vehicles,

5906

motorcycles, or small engines.

5907

(e) Fuel unable to comply due to requirements of the United

5908

States Environmental Protection Agency;

5909

(f) Fuel bulk transferred between terminals;

5910

(g) Fuel exported from the state in accordance with s.

5911

206.052;

5912

(h) Fuel qualifying for any exemption in accordance with

5913

chapter 206;

5914

(i) Fuel at an electric power plant that is regulated by

5915

the United States Nuclear Regulatory Commission unless such

5916

commission has approved the use of fuel meeting the requirements

5917

of subsection (2);

5918

(j) Fuel for a railroad locomotive; or

5919

(k) Fuel for equipment, including vehicle or vessel,

5920

covered by a warranty that would be voided, if explicitly stated

5921

in writing by the vehicle or vessel manufacturer, if it were to

5922

be operated using fuel meeting the requirements of subsection

5923

(2).

5924

(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,

5925

importer, exporter, blender, and wholesaler shall include in its

5926

report to the Department of Revenue the number of gallons of

5927

gasoline fuel meeting and not meeting the requirements of ss.

5928

526.203-526.206 which is sold and delivered by the terminal

5929

supplier, importer, exporter, blender, or wholesaler in the

5930

state, and the destination as to the county in the state to which

5931

the gasoline was delivered for resale at retail or use.

5932

Section 90. Section 526.204, Florida Statutes, is created to

5933

read:

5934

526.204 Suspension during declared emergencies; waivers.--

5935

(1) In order to account for supply disruptions and ensure

5936

reliable supplies of motor fuels for Florida, the requirements of

5937

ss. 526.203-526.206 shall be suspended when the provisions of s.

5938

252.36(2) in any area of the state are in effect plus an

5939

additional 30 days.

5940

(2) If a terminal supplier, importer, exporter, blender, or

5941

wholesaler is unable to obtain fuel ethanol or fuel ethanol-

5942

blended gasoline at the same or lower price than the price of

5943

unblended gasoline, the sale or delivery of unblended gasoline by

5944

the terminal supplier, importer, exporter, blender, or wholesaler

5945

shall not be deemed a violation of ss. 526.203-526.206. The

5946

terminal supplier, importer, exporter, blender, or wholesaler

5947

shall, upon request, provide the required documentation regarding

5948

the sales transaction and price of fuel ethanol, fuel ethanol-

5949

blended gasoline, and unblended gasoline to the Department of

5950

Revenue.

5951

Section 91. Section 526.205, Florida Statutes, is created

5952

to read:

5953

526.205 Enforcement.--

5954

(1) It is unlawful to sell or distribute, or offer for sale

5955

or distribution, any gasoline that fails to meet the requirements

5956

of ss. 526.203-526.207.

5957

(2) Upon determining that a terminal supplier, importer,

5958

exporter, blender, or wholesaler is not meeting the requirements

5959

of s. 526.203(2), the Department of Revenue shall notify the

5960

department.

5961

(3) Upon notification by the Department of Revenue of a

5962

violation of ss. 526.203-526.206, the department shall, subject

5963

to subsection (1), grant an extension or enter an order imposing

5964

one or more of the following penalties:

5965

(a) Issuance of a warning letter.

5966

(b) Imposition of an administrative fine of not more than

5967

$1,000 per violation for a first-time offender. For a second-time

5968

or repeat offender, or any person who is shown to have willfully

5969

and intentionally violated any provision of this chapter, the

5970

administrative fine shall not exceed $5,000 per violation. When

5971

imposing any fine under this section, the department shall

5972

consider the amount of money the violator benefited from by

5973

noncompliance, whether the violation was committed willfully, and

5974

the compliance record of the violator.

5975

5976

the department.

5977

(4) Any terminal supplier, importer, exporter, blender, or

5978

wholesaler may apply to the department by September 30, 2010, for

5979

an extension of time to comply with the requirements of ss.

5980

526.203-526.206. The application for an extension must

5981

demonstrate that the applicant has made a good faith effort to

5982

comply with the requirements but has been unable to do so for

5983

reasons beyond the applicant's control, such as delays in

5984

receiving governmental permits. The department shall review each

5985

application and make a determination as to whether the failure to

5986

comply was beyond the control of the applicant. If the department

5987

determines that the applicant made a good faith effort to comply,

5988

but was unable to do so for reasons beyond the applicant's

5989

control, the department shall grant an extension of time

5990

determined necessary for the applicant to comply. If no extension

5991

is granted, the department shall proceed with enforcement

5992

pursuant to subsection (3).

5993

Section 92. Section 526.206, Florida Statutes, is created

5994

to read:

5995

526.206 Rules.--

5996

(1) The Department of Revenue is authorized to adopt rules

5997

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

5998

of ss. 526.203-526.206.

5999

(2) The Department of Agriculture and Consumer Services is

6000

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

6001

to implement the provisions of ss. 526.203-526.206.

6002

Section 93. Studies and reports.--

6003

(1) The Florida Energy Commission shall conduct a study to

6004

evaluate and recommend the lifecycle greenhouse gas emissions

6005

associated with all renewable fuels, including, but not limited

6006

to, biodiesel, renewable diesel, biobutanol, ethanol derived from

6007

corn, ethanol derived from sugar, and cellulosic ethanol. In

6008

addition, the study shall evaluate and recommend a requirement

6009

that all renewable fuels introduced into commerce in the state,

6010

as a result of the renewable fuel standard, shall reduce the

6011

lifecycle greenhouse gas emissions by an average percentage. The

6012

study may also evaluate and recommend any benefits associated

6013

with the creation, banking, transfer, and sale of credits among

6014

fuel refiners, blenders, and importers.

6015

(2) The Florida Energy Commission shall submit a report

6016

containing specific recommendations to the President of the

6017

Senate and the Speaker of the House of Representatives no later

6018

than December 31, 2010.

6019

Section 94. Present subsection (5) of section 553.77,

6020

Florida Statutes, is renumbered as subsection (6), and a new

6021

subsection (5) is added to that section, to read:

6022

553.77 Specific powers of the commission.--

6023

(5) The commission may implement its recommendations

6024

delivered pursuant to subsection (2) of section 48 of chapter

6025

2007-73, Laws of Florida, by amending the Florida Energy

6026

Efficiency Code for Building Construction as provided in s.

6027

553.901.

6028

Section 95. Section 553.886, Florida Statutes, is created

6029

to read:

6030

553.886 Energy-efficiency technologies.--The provisions of

6031

the Florida Building Code must facilitate and promote the use of

6032

cost-effective energy conservation, energy-demand management, and

6033

renewable energy technologies in buildings.

6034

Section 96. Section 553.901, Florida Statutes, is amended

6035

to read:

6036

553.901 Purpose of thermal efficiency code.--The Department

6037

of Community Affairs shall prepare a thermal efficiency code to

6038

provide for a statewide uniform standard for energy efficiency in

6039

the thermal design and operation of all buildings statewide,

6040

consistent with energy conservation goals, and to best provide

6041

for public safety, health, and general welfare. The Florida

6042

Building Commission shall adopt the Florida Energy Efficiency

6043

Code for Building Construction within the Florida Building Code,

6044

and shall modify, revise, update, and maintain the code to

6045

implement the provisions of this thermal efficiency code and

6046

amendments thereto, in accordance with the procedures of chapter

6047

120. The department shall, at least triennially, determine the

6048

most cost-effective energy-saving equipment and techniques

6049

available and report its determinations to the commission, which

6050

shall update the code to incorporate such equipment and

6051

techniques. The proposed changes shall be made available for

6052

public review and comment no later than 6 months prior to code

6053

implementation. Before adoption of any additional amendments to

6054

the Florida Energy Efficiency Code for Building Construction, the

6055

commission shall adopt by rule a definition of the term "cost-

6056

effective," for the purposes of this part, which shall include

6057

the criteria and measures to be used by the commission to

6058

evaluate proposed amendments shall be construed to mean cost-

6059

effective to the consumer.

6060

Section 97. Section 553.9061, Florida Statutes, is created

6061

to read:

6062

553.9061 Scheduled increases in thermal efficiency

6063

standards.--

6064

(1) This section establishes a schedule of required

6065

increases in the energy-efficiency performance of buildings that

6066

are subject to the requirements for energy efficiency as

6067

contained in the current edition of the Florida Building Code.

6068

The Florida Building Commission shall implement the following

6069

energy-efficiency goals using the triennial code-adoption process

6070

established for updates to the Florida Building Code in s.

6071

553.73:

6072

(a) Include requirements in the 2010 edition of the Florida

6073

Building Code to increase the energy-efficiency performance of

6074

new buildings by at least 20 percent as compared to the

6075

performance achieved as a result of the implementation of the

6076

energy-efficiency provisions contained in the 2004 edition of the

6077

Florida Building Code, as amended on May 22, 2007;

6078

(b) Include requirements in the 2013 edition of the Florida

6079

Building Code to increase the energy-efficiency performance of

6080

new buildings by at least 30 percent as compared to the

6081

performance achieved as a result of the implementation of the

6082

energy-efficiency provisions contained in the 2004 edition of the

6083

Florida Building Code, as amended on May 22, 2007;

6084

6085

Building Code to increase the energy-efficiency performance of

6086

new buildings by at least 40 percent as compared to the

6087

performance achieved as a result of the implementation of the

6088

energy-efficiency provisions contained in the 2004 edition of the

6089

Florida Building Code, as amended on May 22, 2007; and

6090

(d) Include requirements in the 2019 edition of the Florida

6091

Building Code to increase the energy-efficiency performance of

6092

new buildings by at least 50 percent as compared to the

6093

performance achieved as a result of the implementation of the

6094

energy-efficiency provisions contained in the 2004 edition of the

6095

Florida Building Code, as amended on May 22, 2007.

6096

(2) The commission shall identify in any code-support and

6097

compliance documentation the specific building options and

6098

elements available to meet the energy-efficiency performance

6099

requirements required under subsection (1). Energy-efficiency

6100

performance options and elements include, but are not limited to:

6101

(a) Solar water heating;

6102

(b) Energy-efficient appliances;

6103

6104

(d) Low solar-absorption roofs, also known as "cool roofs";

6105

(e) Enhanced ceiling and wall insulation;

6106

(f) Reduced-leak duct systems;

6107

(g) Programmable thermostats; and

6108

(h) Energy-efficient lighting systems.

6109

Section 98. (1) The Florida Building Commission shall

6110

conduct a study to evaluate the energy-efficiency rating of new

6111

buildings and appliances. The study must include a review of the

6112

current energy-efficiency ratings and consumer labeling

6113

requirements contained in chapter 553, Florida Statutes. The

6114

commission shall submit a written report of its study to the

6115

President of the Senate and the Speaker of the House of

6116

Representatives on or before February 1, 2009. The report must

6117

contain the commission's recommendations regarding the

6118

strengthening and integration of energy-efficiency ratings and

6119

labeling requirements.

6120

(2) The provisions of this section expire July 1, 2009.

6121

Section 99. (1) The Florida Building Commission shall

6122

conduct a study to evaluate opportunities to restructure the

6123

Florida Energy Efficiency Code for Building Construction to

6124

achieve long-range improvements to building energy performance.

6125

During such study, the commission shall address the integration

6126

of the Thermal Efficiency Code established in part V of chapter

6127

553, Florida Statutes, the Energy Conservation Standards Act

6128

established in part VI of chapter 553, Florida Statutes, and the

6129

Florida Building Energy-Efficiency Rating Act established in part

6130

VIII of chapter 553, Florida Statutes.

6131

(2) The commission shall submit a report containing

6132

specific recommendations on the integration of the code and acts

6133

identified in subsection (1) to the President of the Senate and

6134

the Speaker of the House of Representatives on or before February

6135

1, 2009.

6136

(3) The provisions of this section expire July 1, 2009.

6137

Section 100. (1) The Department of Community Affairs, in

6138

conjunction with the Florida Energy Affordability Coalition,

6139

shall identify and review issues relating to the Low-Income Home

6140

Energy Assistance Program and the Weatherization Assistance

6141

Program, and identify recommendations that:

6142

(a) Support customer health, safety, and well-being;

6143

(b) Maximize available financial and energy-conservation

6144

assistance;

6145

6146

assistance; and

6147

(d) Educate customers to make informed decisions regarding

6148

energy use and conservation.

6149

(2) On or before January 1, 2009, the department shall

6150

report its findings and any recommended statutory changes

6151

required to implement such findings to the President of the

6152

Senate and the Speaker of the House of Representatives.

6153

(3) The provisions of this section expire July 1, 2009.

6154

Section 101. Subsection (1) of section 553.957, Florida

6155

Statutes, is amended to read:

6156

553.957 Products covered by this part.--

6157

(1) The provisions of this part apply to the testing,

6158

certification, and enforcement of energy conservation standards

6159

for the following types of new commercial and residential

6160

products sold in the state:

6161

(a) Refrigerators, refrigerator-freezers, and freezers

6162

which can be operated by alternating current electricity,

6163

excluding:

6164

1. Any type designed to be used without doors; and

6165

2. Any type which does not include a compressor and

6166

condenser unit as an integral part of the cabinet assembly.

6167

(b) Lighting equipment.

6168

6169

(d) Electric water heaters used to heat potable water in

6170

homes or businesses.

6171

(e) Electric motors used to pump water within swimming

6172

pools.

6173

(f) Water heaters for swimming pools.

6174

(g)(d) Any other type of consumer product which the

6175

department classifies as a covered product as specified in this

6176

part.

6177

Section 102. Section 553.975, Florida Statutes, is amended

6178

to read:

6179

553.975 Report to the Governor and Legislature.--The Public

6180

Service Commission shall submit a biennial report to the

6181

Governor, the President of the Senate, and the Speaker of the

6182

House of Representatives, concurrent with the report required by

6183

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

6184

include an evaluation of the effectiveness of these standards on

6185

energy conservation in this state.

6186

Section 103. The Public Service Commission shall analyze

6187

utility revenue decoupling and provide a report and

6188

recommendations to the Governor, the President of the Senate, and

6189

the Speaker of the House of Representatives by January 1, 2009.

6190

Section 104. Subsection (6) is added to section 718.113,

6191

Florida Statutes, to read:

6192

718.113 Maintenance; limitation upon improvement; display

6193

of flag; hurricane shutters.--

6194

(6) Notwithstanding the provisions of this section or the

6195

governing documents of a condominium or a multicondominium

6196

association, the board of administration may, without any

6197

requirement for approval of the unit owners, install upon or

6198

within the common elements or association property solar

6199

collectors, clotheslines, or other energy-efficient devices based

6200

on renewable resources for the benefit of the unit owners.

6201

Section 105. Section 1004.648, Florida Statutes, is created

6202

to read:

6203

1004.648 Florida Energy Systems Consortium.--

6204

(1) There is created the Florida Energy Systems Consortium

6205

to promote collaboration between experts in the State University

6206

System for the purposes of sharing energy related expertise and

6207

assisting in the development and implementation of a

6208

comprehensive, long-term, environmentally compatible,

6209

sustainable, and efficient energy strategic plan for the state.

6210

(2) The consortium shall focus on the research and

6211

development of innovative energy systems that will lead to

6212

alternative energy strategies, improved energy efficiencies, and

6213

expanded economic development for the state.

6214

(3) The consortium shall consist of the University of

6215

Florida, Florida State University, the University of South

6216

Florida, the University of Central Florida, and Florida Atlantic

6217

University.

6218

(4) The consortium shall be administered at the University

6219

of Florida by a director whom shall be appointed by the oversight

6220

board.

6221

(5) The director shall report to the Florida Energy and

6222

Climate Commission created pursuant to s. 377.6015.

6223

(6) The oversight board shall consist of the vice president

6224

for research at each of the universities that are members of the

6225

consortium.

6226

(7) In addition to selecting the director the oversight

6227

board shall be responsible for the technical performance and

6228

financial management of the consortium.

6229

(8) In performing its responsibilities, the consortium

6230

shall collaborate with the oversight board and may also

6231

collaborate with industry and other affected parties.

6232

(9) Through collaborative research and development across

6233

the State University System and industry, the goal of the

6234

consortium is to become a world leader in energy research,

6235

education, technology, and energy systems analysis. In so doing,

6236

the consortium shall:

6237

(a) Coordinate and initiate increased collaborative

6238

interdisciplinary energy research among the universities and the

6239

energy industry.

6240

(b) Assist in the creation and development of a Florida-

6241

based energy technology industry through efforts that would

6242

expedite commercialization of innovative energy technologies by

6243

taking advantage of the energy expertise within the State

6244

University System, high technology incubators, industrial parks,

6245

and industry-driven research centers.

6246

6247

analysis.

6248

(d) Develop education and outreach programs to prepare a

6249

qualified energy workforce and informed public. Specifically the

6250

faculty associated with the consortium shall coordinate a

6251

statewide workforce development initiative focusing on college-

6252

level degrees, technician training, and public and commercial

6253

sectors awareness. The consortium shall develop specific

6254

programs targeted at preparing graduates who have a background in

6255

energy, continuing education courses for technical and

6256

nontechnical professionals, and modules, laboratories, and

6257

courses to be shared among the universities. Additionally, the

6258

consortium shall work with the Florida Community College system

6259

using the Florida Advanced Technological Education Center for the

6260

coordination and design of industry-specific training programs

6261

for technicians.

6262

(10) The consortium shall solicit and leverage state,

6263

federal, and private funds for the purpose of conducting

6264

education, research, and development in the area of sustainable

6265

energy.

6266

(11) The oversight board, in consultation with the Florida

6267

Energy and Climate Commission, shall ensure that the consortium:

6268

(a) Maintains accurate records of any funds received by the

6269

consortium.

6270

(b) Meets financial and technical performance expectations,

6271

which may include external technical reviews as required.

6272

(12) The oversight board and the Florida Energy and Climate

6273

Commission shall constitute the Steering Committee which shall be

6274

responsible for establishing and assuring the success of the

6275

consortium's mission as provided for in subsection (9).

6276

(13) By November 1 of each year, the consortium shall

6277

submit an annual report to the Governor, the President of the

6278

Senate, the Speaker of the House of Representatives and the

6279

Florida Energy and Climate Commission regarding its activities

6280

including, but not limited to, education, research, development,

6281

and deployment of alternative energy technologies.

6282

Section 106. State interest.--

6283

(1) As a condition for the issuance of grants or other

6284

monetary awards to private companies for energy-related research

6285

or deployment projects, the Department of Environmental

6286

Protection may require a negotiated or licensing agreement

6287

containing a stipulation requiring the return to the state of an

6288

agreed-upon amount or percentage of profit resulting from

6289

commercialization of the product or process.

6290

(2) The Department of Environmental Protection shall

6291

conduct a study to determine how negotiated or licensing

6292

agreements may best be used in these situations in order for the

6293

state to earn a monetary return on energy-related products or

6294

processes that are ultimately prohibited upon commercialization.

6295

The department shall submit its study to the Governor, the

6296

President of the Senate, and the Speaker of the House of

6297

Representatives by February 1, 2009.

6298

Section 107. The Department of Environmental Protection, in

6299

conjunction with the Department of Agriculture and Consumer

6300

Services, shall conduct an economic impact analysis on the

6301

effects of granting financial incentives to energy producers who

6302

use woody biomass as fuel. It shall include an analysis of the

6303

effects on wood supply and prices and the impacts on current

6304

markets and on forest sustainability. The department shall submit

6305

the results of the study to the President of the Senate and the

6306

Speaker of the House of Representatives.

6307

Section 108. Recycling.--

6308

(1) The Legislature finds that the failure or inability to

6309

economically recover material and energy resources from solid

6310

waste results in the unnecessary waste and depletion of our

6311

natural resources. As Florida continues to grow, so will the

6312

potential amount of discarded material that must be treated and

6313

disposed of, necessitating the improvement of solid waste

6314

collection and disposal. Therefore, the maximum recycling and

6315

reuse of such resources are considered high-priority goals of

6316

this state.

6317

(2) By the year 2020, the long-term goal for the recycling

6318

efforts of state and local governmental entities, private

6319

companies and organizations, and the general public is to reduce

6320

the amount of recyclable solid waste disposed of in waste

6321

management facilities, landfills, or incineration facilities by a

6322

statewide average of at least 75 percent.

6323

(3) The Department of Environmental Preservation shall

6324

develop a comprehensive recycling program that is designed to

6325

achieve the percentage stated in subsection (2) and submit the

6326

program to the President of the Senate and the Speaker of the

6327

House of Representatives by January 1, 2010. The program may not

6328

be implemented until approved by the Legislature. The program

6329

must be developed in coordination with input from state and local

6330

entities, private businesses, and the public. Under the program,

6331

recyclable materials shall include, but are not limited to,

6332

metals, paper, glass, plastic, textile, rubber materials, and

6333

mulch. Components of the program shall include, but are not

6334

limited to:

6335

(a) Programs to identify environmentally preferable

6336

purchasing practices to encourage the purchase of recycled,

6337

durable, and less toxic goods;

6338

(b) Programs to educate students in grades K-12 in the

6339

benefits of, and proper techniques for, recycling;

6340

6341

recycling efforts by schools, businesses, public groups, and

6342

private citizens;

6343

(d) Programs for municipalities and counties to develop and

6344

implement efficient recycling efforts to return valuable

6345

materials to productive use, conserve energy, and protect natural

6346

resources;

6347

(e) Programs by which the department can provide technical

6348

assistance to municipalities and counties in support of their

6349

recycling efforts;

6350

(f) Programs to educate and train the public in proper

6351

recycling efforts;

6352

(g) Evaluation of how financial assistance can best be

6353

provided to municipalities and counties in support of their

6354

recycling efforts; and

6355

(h) Evaluation of why existing waste management and

6356

recycling programs in the state have not been better used.

6357

Section 109. The Department of Environmental Protection,

6358

when submitting proposed rules adopted pursuant to s. 403.44,

6359

Florida Statutes, the Climate Protection Act, for ratification by

6360

the Legislature, shall submit a summary report to the Governor,

6361

the President of the Senate, and the Speaker of the House of

6362

Representatives. The report must describe the costs and benefits

6363

of a cap-and-trade system and must include, but need not be

6364

limited to:

6365

(1) The impact of a cap-and-trade system on electricity

6366

prices charged to consumers.

6367

(2) The overall cost of a cap-and-trade system to the

6368

economy of this state.

6369

(3) The effect of a cap-and-trade system on low-income

6370

consumers if the system results in an increase of energy prices

6371

on low-income consumers.

6372

Section 110. Except as otherwise expressly provided in this

6373

act, this act shall take effect July 1, 2008.

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