Florida Senate - 2009                                    SB 1154
       
       
       
       By Senator King
       
       
       
       
       8-00995-09                                            20091154__
    1                        A bill to be entitled                      
    2         An act relating to renewable energy; amending s.
    3         366.92, F.S.; deleting a requirement that the Public
    4         Service Commission adopt rules for a renewable
    5         portfolio standard and present the draft rules to the
    6         Legislature for consideration by February 1, 2009;
    7         providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Subsection (3) of section 366.92, Florida
   12  Statutes, is amended, and present subsections (4) through (7)
   13  are redesignated as subsections (3) through (6), respectively,
   14  to read:
   15         366.92 Florida renewable energy policy.—
   16         (3)The commission shall adopt rules for a renewable
   17  portfolio standard requiring each provider to supply renewable
   18  energy to its customers directly, by procuring, or through
   19  renewable energy credits. In developing the RPS rule, the
   20  commission shall consult the Department of Environmental
   21  Protection and the Florida Energy and Climate Commission. The
   22  rule shall not be implemented until ratified by the Legislature.
   23  The commission shall present a draft rule for legislative
   24  consideration by February 1, 2009.
   25         (a)In developing the rule, the commission shall evaluate
   26  the current and forecasted levelized cost in cents per kilowatt
   27  hour through 2020 and current and forecasted installed capacity
   28  in kilowatts for each renewable energy generation method through
   29  2020.
   30         (b)The commission's rule:
   31         1.Shall include methods of managing the cost of compliance
   32  with the renewable portfolio standard, whether through direct
   33  supply or procurement of renewable power or through the purchase
   34  of renewable energy credits. The commission shall have
   35  rulemaking authority for providing annual cost recovery and
   36  incentive-based adjustments to authorized rates of return on
   37  common equity to providers to incentivize renewable energy.
   38  Notwithstanding s. 366.91(3) and (4), upon the ratification of
   39  the rules developed pursuant to this subsection, the commission
   40  may approve projects and power sales agreements with renewable
   41  power producers and the sale of renewable energy credits needed
   42  to comply with the renewable portfolio standard. In the event of
   43  any conflict, this subparagraph shall supersede s. 366.91(3) and
   44  (4). However, nothing in this section shall alter the obligation
   45  of each public utility to continuously offer a purchase contract
   46  to producers of renewable energy.
   47         2.Shall provide for appropriate compliance measures and
   48  the conditions under which noncompliance shall be excused due to
   49  a determination by the commission that the supply of renewable
   50  energy or renewable energy credits was not adequate to satisfy
   51  the demand for such energy or that the cost of securing
   52  renewable energy or renewable energy credits was cost
   53  prohibitive.
   54         3.May provide added weight to energy provided by wind and
   55  solar photovoltaic over other forms of renewable energy, whether
   56  directly supplied or procured or indirectly obtained through the
   57  purchase of renewable energy credits.
   58         4.Shall determine an appropriate period of time for which
   59  renewable energy credits may be used for purposes of compliance
   60  with the renewable portfolio standard.
   61         5.Shall provide for monitoring of compliance with and
   62  enforcement of the requirements of this section.
   63         6.Shall ensure that energy credited toward compliance with
   64  the requirements of this section is not credited toward any
   65  other purpose.
   66         7.Shall include procedures to track and account for
   67  renewable energy credits, including ownership of renewable
   68  energy credits that are derived from a customer-owned renewable
   69  energy facility as a result of any action by a customer of an
   70  electric power supplier that is independent of a program
   71  sponsored by the electric power supplier.
   72         8.Shall provide for the conditions and options for the
   73  repeal or alteration of the rule in the event that new
   74  provisions of federal law supplant or conflict with the rule.
   75         (c)Beginning on April 1 of the year following final
   76  adoption of the commission's renewable portfolio standard rule,
   77  each provider shall submit a report to the commission describing
   78  the steps that have been taken in the previous year and the
   79  steps that will be taken in the future to add renewable energy
   80  to the provider's energy supply portfolio. The report shall
   81  state whether the provider was in compliance with the renewable
   82  portfolio standard during the previous year and how it will
   83  comply with the renewable portfolio standard in the upcoming
   84  year.
   85         Section 2. This act shall take effect July 1, 2009.