Florida Senate - 2009               CS for CS for CS for SB 1154
       
       
       
       By the Policy and Steering Committee on Ways and Means; the
       Committees on Environmental Preservation and Conservation; and
       Communications, Energy, and Public Utilities; and Senator King
       
       
       576-05819A-09                                         20091154c3
       
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 366.92, F.S.;
    3         revising definitions and providing additional
    4         definitions; requiring that electric utilities meet or
    5         exceed specified standards for the production or
    6         purchase of clean energy; establishing a schedule for
    7         compliance; providing a penalty if a utility fails to
    8         meet the standards; authorizing the Public Service
    9         Commission to excuse certain electric utilities from
   10         compliance under specified conditions; requiring the
   11         commission to adopt rules; requiring an annual report
   12         to the Legislature; amending s. 366.93, F.S.;
   13         authorizing the Public Service Commission to allow a
   14         utility to recover the costs of converting an existing
   15         fossil fuel plant to a biomass plant under certain
   16         conditions; encouraging utilities to pursue joint
   17         ownership of nuclear power plants; requiring that
   18         certain costs be shared; creating s. 366.99, F.S.;
   19         providing a short title; providing legislative
   20         findings with respect to the need to reduce greenhouse
   21         gas emissions through the direct end-use of natural
   22         gas; defining terms; authorizing a utility to
   23         establish a surcharge for the purpose of constructing
   24         natural gas installations in areas that lack natural
   25         gas service; providing limitations on the surcharge;
   26         providing procedures for determining the surcharge and
   27         making filings to the commission; requiring the
   28         commission to conduct limited proceedings to determine
   29         the amount of the surcharge; providing for future
   30         expiration of provisions authorizing the surcharge;
   31         amending s. 377.6015, F.S.; providing that terms for
   32         members of the Florida Energy and Climate Commission
   33         begin and end on specified dates; amending s. 403.503,
   34         F.S.; revising the definition of “electrical power
   35         plant”; amending s. 525.09, F.S.; imposing a fee on
   36         alternative fuel containing alcohol; requiring the
   37         Florida Energy and Climate Commission to prepare a
   38         report that identifies ways in which to increase the
   39         energy-efficiency practices of low-income households;
   40         requiring the report to include certain determinations
   41         and recommendations; requiring that the report be
   42         submitted to the Legislature by a specified date;
   43         providing an effective date.
   44  
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 366.92, Florida Statutes, is amended to
   48  read:
   49         366.92 Florida clean renewable energy policy.—
   50         (1) It is the intent of the Legislature to promote the
   51  development of clean and renewable energy; protect the economic
   52  viability of Florida’s existing renewable energy facilities;
   53  diversify the types of fuel used to generate electricity in
   54  Florida; lessen Florida’s dependence on natural gas and fuel oil
   55  for the production of electricity; minimize the volatility of
   56  fuel costs; encourage investment within the state; improve
   57  environmental conditions; and, at the same time, minimize the
   58  costs of power supply to electric utilities and their customers.
   59         (2) As used in this section, the term:
   60         (a)“Class I clean energy source” means Florida clean
   61  energy resources derived from wind or solar photovoltaic
   62  systems.
   63         (b)“Class II clean energy source” means clean energy
   64  derived from Florida clean energy resources other than class I
   65  clean energy sources or class III clean energy sources.
   66         (c)“Class III clean energy source” means clean energy
   67  derived from nuclear energy or integrated gasification combined
   68  cycle for which carbon capture and sequestration plans have been
   69  approved by the Department of Environmental Protection.
   70         (d)“Clean energy” means electrical energy produced from a
   71  method that uses one or more of the following fuels or energy
   72  sources: nuclear energy placed in commercial service after July
   73  1, 2009, integrated gasification combined cycle for which carbon
   74  capture and sequestration plans have been approved by the
   75  Department of Environmental Protection, hydrogen produced from
   76  sources other than fossil fuels, biomass, solar photovoltaic,
   77  geothermal energy, wind energy, ocean energy, or hydroelectric
   78  power. The term includes waste heat from sulfuric acid
   79  manufacturing operations and waste heat thermal energy which is
   80  produced by a combined heat and power system placed in service
   81  in this state after July 1, 2009, and which is used to produce
   82  biofuel and any associated coproducts.
   83         (e)“Combined heat and power system” means a system that
   84  simultaneously or sequentially generates electricity and thermal
   85  energy from the same primary energy source.
   86         (f)(a) “Florida clean renewable energy resources” means
   87  clean renewable energy, as defined in s. 377.803, that is
   88  produced in Florida.
   89         (g)(b) “Provider” means a “utility” as defined in s.
   90  366.8255(1)(a).
   91         (c)“Renewable energy” means renewable energy as defined in
   92  s. 366.91(2)(d).
   93         (h)(d) “Clean Renewable energy credit” or “REC” means a
   94  product that represents the unbundled, separable, clean
   95  renewable attribute of clean renewable energy produced in
   96  Florida and is equivalent to 1 megawatt-hour of electricity
   97  generated by a source of clean renewable energy located in
   98  Florida. For combined heat and power systems placed in service
   99  in this state after July 1, 2009, one clean energy credit shall
  100  be produced for every 3.412 million British thermal units of
  101  waste heat thermal energy used to produce biofuel and any
  102  associated coproducts.
  103         (i)(e) “Clean Renewable portfolio standard” or “RPS” means
  104  the minimum percentage of total annual retail electricity sales
  105  by an electric utility a provider to consumers in Florida which
  106  is that shall be supplied by clean renewable energy or through
  107  the purchase of clean energy credits from clean energy produced
  108  in Florida.
  109         (3)(a)Each electric utility must meet or exceed the
  110  following clean portfolio standards through the production of
  111  clean energy or the purchase of clean energy credits:
  112         1.By January 1, 2013, 7 percent of the previous years’
  113  retail electricity sales;
  114         2.By January 1, 2016, 12 percent of the previous years’
  115  retail electricity sales;
  116         3.By January 1, 2019, 18 percent of the previous years’
  117  retail electricity sales; and
  118         4.By January 1, 2021, 20 percent of the previous years’
  119  retail electricity sales.
  120  
  121  No more than 25 percent of the amount of the clean portfolio
  122  standard requirement for each year may be from Class III clean
  123  energy sources. For the production or procurement of Class III
  124  clean energy, a Florida utility that is a member of the
  125  Southeastern Electric Reliability Council may co-own or purchase
  126  energy from a Class III clean energy source located in another
  127  state and owned by an affiliate in a holding company with multi
  128  state dispatch.
  129         (b)Except as otherwise provided in this section, an
  130  investor-owned electric utility that fails to meet or exceed its
  131  clean portfolio standard is subject to a penalty pursuant to s.
  132  366.095 for each day such failure continues, and the penalty may
  133  not be recovered from the utility’s ratepayers. No electric
  134  utility shall be required to produce or purchase any Class III
  135  clean energy, nor be fined or deemed imprudent for not acquiring
  136  any energy from a Class III clean energy source in order to
  137  achieve the clean energy standards provided in this section.
  138         (c)The commission shall excuse an investor-owned electric
  139  utility from compliance with the clean portfolio standard if:
  140         1.The supply of clean energy and clean energy credits is
  141  not adequate to satisfy the clean portfolio standard; or
  142         2.The cost of producing clean energy or purchasing clean
  143  energy credits is prohibitive in that the total costs of
  144  compliance with the clean portfolio standard exceeds 2 percent
  145  of the investor-owned electric utility’s total annual revenue
  146  from retail sales of electricity.
  147         (d)The cost of compliance with the clean portfolio
  148  standards includes:
  149         1.The costs associated with the purchase of clean energy
  150  credits;
  151         2.The costs paid by the utility which are associated with
  152  the clean energy credit market; and
  153         3.The utility’s costs of its self-build Florida clean
  154  energy resource which exceed the costs to the utility of the
  155  generation source it would have otherwise built or the energy or
  156  capacity, or both, it would have purchased from another source.
  157  
  158  Expenses for Class III clean energy sources may not be included
  159  in calculating the cost of compliance.
  160         (e)The cost of compliance must be allocated separately for
  161  Class I and Class II clean energy sources and, for each class,
  162  the total cost of compliance is prohibitive if the costs exceed
  163  1 percent of the investor-owned electric utility’s total annual
  164  revenue from retail sales of electricity.
  165         (f)Each investor-owned electric utility seeking to
  166  construct a Florida clean energy project must select the
  167  technology and project most likely to be cost-effective for the
  168  general body of ratepayers for that class of clean energy
  169  technology. In determining the most cost-effective construction
  170  option and in purchasing clean energy credits, an investor-owned
  171  utility shall seek the least-cost alternatives within each class
  172  of clean energy sources. The method of determining the least
  173  cost alternative shall be determined by the commission and may
  174  include requests for proposals, auctions, or other methods.
  175         (g)A clean energy credit remains the property of the owner
  176  of the clean energy resource from which it was derived until it
  177  is sold or transferred.
  178         (4)(3) The commission shall adopt rules providing
  179  requirements for:
  180         (a)Implementing the clean a renewable portfolio standard.
  181         (b)Determining the method of establishing least-cost
  182  options for the construction of facilities or the purchase of
  183  clean energy credits.
  184         (c)Determining what entities are eligible to produce clean
  185  energy credits.
  186         (d)Determining the method of recovery of the costs of
  187  compliance with the clean portfolio standard, with such costs
  188  appearing as a separate line item on each customer’s bill.
  189         (e)Filing reports concerning compliance by utilities with
  190  the clean portfolio standard.
  191         (f)Creating a clean energy credit market requiring each
  192  provider to supply renewable energy to its customers directly,
  193  by procuring, or through renewable energy credits. In developing
  194  the RPS rule, the commission shall consult the Department of
  195  Environmental Protection and the Florida Energy and Climate
  196  Commission. The rule shall not be implemented until ratified by
  197  the Legislature. The commission shall present a draft rule for
  198  legislative consideration by February 1, 2009.
  199         (a)In developing the rule, the commission shall evaluate
  200  the current and forecasted levelized cost in cents per kilowatt
  201  hour through 2020 and current and forecasted installed capacity
  202  in kilowatts for each renewable energy generation method through
  203  2020.
  204         (b)The commission’s rule:
  205         1.Shall include methods of managing the cost of compliance
  206  with the renewable portfolio standard, whether through direct
  207  supply or procurement of renewable power or through the purchase
  208  of renewable energy credits. The commission shall have
  209  rulemaking authority for providing annual cost recovery and
  210  incentive-based adjustments to authorized rates of return on
  211  common equity to providers to incentivize renewable energy.
  212  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  213  the rules developed pursuant to this subsection, the commission
  214  may approve projects and power sales agreements with renewable
  215  power producers and the sale of renewable energy credits needed
  216  to comply with the renewable portfolio standard. In the event of
  217  any conflict, this subparagraph shall supersede s. 366.91(3) and
  218  (4). However, nothing in this section shall alter the obligation
  219  of each public utility to continuously offer a purchase contract
  220  to producers of renewable energy.
  221         2.Shall provide for appropriate compliance measures and
  222  the conditions under which noncompliance shall be excused due to
  223  a determination by the commission that the supply of renewable
  224  energy or renewable energy credits was not adequate to satisfy
  225  the demand for such energy or that the cost of securing
  226  renewable energy or renewable energy credits was cost
  227  prohibitive.
  228         3.May provide added weight to energy provided by wind and
  229  solar photovoltaic over other forms of renewable energy, whether
  230  directly supplied or procured or indirectly obtained through the
  231  purchase of renewable energy credits.
  232         4.Shall determine an appropriate period of time for which
  233  renewable energy credits may be used for purposes of compliance
  234  with the renewable portfolio standard.
  235         5.Shall provide for monitoring of compliance with and
  236  enforcement of the requirements of this section.
  237         6.Shall ensure that energy credited toward compliance with
  238  the requirements of this section is not credited toward any
  239  other purpose.
  240         7.Shall include procedures to track and account for
  241  renewable energy credits, including ownership of renewable
  242  energy credits that are derived from a customer-owned renewable
  243  energy facility as a result of any action by a customer of an
  244  electric power supplier that is independent of a program
  245  sponsored by the electric power supplier.
  246         8.Shall provide for the conditions and options for the
  247  repeal or alteration of the rule in the event that new
  248  provisions of federal law supplant or conflict with the rule.
  249         (c)Beginning on April 1 of the year following final
  250  adoption of the commission’s renewable portfolio standard rule,
  251  each provider shall submit a report to the commission describing
  252  the steps that have been taken in the previous year and the
  253  steps that will be taken in the future to add renewable energy
  254  to the provider’s energy supply portfolio. The report shall
  255  state whether the provider was in compliance with the renewable
  256  portfolio standard during the previous year and how it will
  257  comply with the renewable portfolio standard in the upcoming
  258  year.
  259         (5)By February 1, 2010, and each year thereafter, the
  260  commission shall submit a report to the Legislature detailing
  261  further rulemaking activities, developments in the production of
  262  clean energy, how much and what types of clean energy are
  263  available in various regions of the state and at what cost, and
  264  any impediments to further increases in the production of clean
  265  energy in this state.
  266         (6)(4) In order to demonstrate the feasibility and
  267  viability of clean energy systems, the commission shall provide
  268  for full cost recovery under the environmental cost-recovery
  269  clause of all reasonable and prudent costs incurred by a
  270  provider for renewable energy projects that are zero greenhouse
  271  gas emitting at the point of generation, up to a total of 110
  272  megawatts statewide, and for which the provider has secured
  273  necessary land, zoning permits, and transmission rights within
  274  the state. Such costs shall be deemed reasonable and prudent for
  275  purposes of cost recovery so long as the provider has used
  276  reasonable and customary industry practices in the design,
  277  procurement, and construction of the project in a cost-effective
  278  manner appropriate to the location of the facility. The provider
  279  shall report to the commission as part of the cost-recovery
  280  proceedings the construction costs, in-service costs, operating
  281  and maintenance costs, hourly energy production of the renewable
  282  energy project, and any other information deemed relevant by the
  283  commission. Any provider constructing a clean energy facility
  284  pursuant to this section shall file for cost recovery no later
  285  than July 1, 2009.
  286         (7)(5) Each municipal electric utility and rural electric
  287  cooperative shall develop standards for the promotion,
  288  encouragement, and expansion of the use of renewable energy
  289  resources and energy conservation and efficiency measures. On or
  290  before April 1, 2009, and annually thereafter, each municipal
  291  electric utility and electric cooperative shall submit to the
  292  commission a report that identifies such standards.
  293         (8)(6)Nothing in This section does not shall be construed
  294  to impede or impair terms and conditions of existing contracts.
  295         (9)(7) The commission may adopt rules to administer and
  296  implement the provisions of this section.
  297         Section 2. Subsection (4) of section 366.93, Florida
  298  Statutes, is amended, and subsection (7) is added to that
  299  section, to read:
  300         366.93 Cost recovery for the siting, design, licensing, and
  301  construction of nuclear and integrated gasification combined
  302  cycle power plants.—
  303         (4) When the nuclear or integrated gasification combined
  304  cycle power plant is placed in commercial service, the utility
  305  shall be allowed to increase its base rate charges by the
  306  projected annual revenue requirements of the nuclear or
  307  integrated gasification combined cycle power plant based on the
  308  jurisdictional annual revenue requirements of the plant for the
  309  first 12 months of operation. The rate of return on capital
  310  investments shall be calculated using the utility’s rate of
  311  return last approved by the commission prior to the commercial
  312  inservice date of the nuclear or integrated gasification
  313  combined cycle power plant. If any existing generating plant is
  314  retired as a result of operation of the nuclear or integrated
  315  gasification combined cycle power plant, the commission shall
  316  allow for the recovery, through an increase in base rate
  317  charges, of the net book value of the retired plant over a
  318  period not to exceed 5 years or, if the commission determines
  319  that it would be more cost-effective to convert the existing
  320  generating plant to a biomass plant, allow for the recovery of
  321  the costs of conversion in base rate charges over a period that
  322  is determined by the commission.
  323         (7)In order to further promote the development of nuclear
  324  electrical generation and minimize the financial risk to any one
  325  utility associated with the construction of a nuclear power
  326  plant, electric utilities in this state are encouraged to pursue
  327  the joint ownership of nuclear power plants.
  328         Section 3. Section 366.99, Florida Statutes, is created to
  329  read:
  330         366.99Natural gas delivery; surcharge for carbon
  331  reduction.—
  332         (1)This section may be cited as the “Natural Gas Act.”
  333         (2)It is the intent of the Legislature to promote the
  334  expanded direct end use of natural gas for its inherent energy
  335  efficiency and environmental benefits.
  336         (3)As used in this section, the term “eligible
  337  installations” means natural gas utility facilities that:
  338         (a)Connect supply sources of natural gas to a distribution
  339  system that serves primarily residential customers;
  340         (b)Are in service and used and useful in providing utility
  341  service;
  342         (c)Were not included in the utility’s rate base for
  343  purposes of determining the utility’s base rate in the most
  344  recent general base-rate proceedings; and
  345         (d)Consist of mains that are greater than or equal to 4
  346  inches in diameter or that are certified to operate at a maximum
  347  allowable operating pressure greater than 60 pounds per square
  348  inch gauge, together with associated valves, regulator stations,
  349  vaults, transmission line taps, and other pipeline system
  350  components.
  351         (4)Notwithstanding any provision in this chapter or rule
  352  to the contrary, a public utility, as defined in s. 366.02,
  353  which is providing natural gas service may petition the
  354  commission to establish or modify a carbon-reduction surcharge
  355  to be used to construct eligible installations in areas of this
  356  state which are unserved or underserved with natural gas
  357  service. The surcharge shall be recovered through a cost
  358  recovery clause, separate and distinct from a utility’s base
  359  rates, using the same allocation methodology applicable to the
  360  utility’s recovery of costs recoverable pursuant to the Energy
  361  Conservation Cost Recovery Rule, rule 25-17.015, Florida
  362  Administrative Code. The surcharge is to recover the utility’s
  363  revenue requirement relevant to construction of the eligible
  364  installations and shall be in the amount of the pretax revenues
  365  equal to:
  366         (a)The utility’s weighted average cost of capital allowed
  367  in the most recent rate proceeding multiplied by the 13-month
  368  average net book value of eligible installations, including
  369  recognition of accumulated depreciation associated with eligible
  370  installations;
  371         (b)State, federal, and local income taxes;
  372         (c)Ad valorem taxes; and
  373         (d)Depreciation expenses on eligible installations.
  374         (5)When a petition is filed by a utility, the commission
  375  shall conduct a limited proceeding and determine the utility’s
  376  revenue requirements and the surcharge to be charged in the
  377  following year.
  378         (6)The petition must contain:
  379         (a)An estimation of the utility’s revenue requirements and
  380  carbon-reduction surcharge collections for the following year.
  381         (b)If a carbon-reduction surcharge has previously been
  382  established, an annual true-up filing showing the actual
  383  eligible installation costs and actual carbon-reduction
  384  surcharge revenues for the most recent 12-month period from
  385  January 1 through December 31 which ends before the annual
  386  petition filing, including a comparison of the actual eligible
  387  installation costs and carbon-reduction surcharge revenues to
  388  the estimated total eligible installation costs and carbon
  389  reduction surcharge revenues previously reported for the same
  390  period. The filing shall also include the over-or-under recovery
  391  of total carbon-reduction surcharge revenue requirements for the
  392  true-up period.
  393         (7)The utility shall establish separate accounts or
  394  subaccounts for each eligible installation for purposes of
  395  recording the costs incurred for each project. The utility shall
  396  also establish a separate account or subaccount for any revenues
  397  derived from specific carbon-reduction surcharges.
  398         (8)An eligible installation shall be included for the
  399  purposes of calculating revenue requirements for no more than 5
  400  years.
  401         (9)The total amount of carbon-reduction surcharge revenue
  402  in effect in any 1 year may not exceed 2 percent of the
  403  utility’s total annual nonfuel revenue for the previous year.
  404         (10)This section expires December 31, 2014, unless
  405  reviewed and reenacted by the Legislature before that date.
  406  However, the procedures and other applicable provisions in this
  407  section and the carbon-reduction surcharges approved pursuant to
  408  this section shall remain in effect for the full term of all
  409  eligible installations approved by the commission before
  410  December 31, 2014.
  411         Section 4. Paragraph (a) of subsection (1) of section
  412  377.6015, Florida Statutes, is amended to read:
  413         377.6015 Florida Energy and Climate Commission.—
  414         (1) The Florida Energy and Climate Commission is created
  415  within the Executive Office of the Governor. The commission
  416  shall be comprised of nine members appointed by the Governor,
  417  the Commissioner of Agriculture, and the Chief Financial
  418  Officer.
  419         (a) The Governor shall appoint one member from three
  420  persons nominated by the Florida Public Service Commission
  421  Nominating Council, created in s. 350.031, to each of seven
  422  seats on the commission. The Commissioner of Agriculture shall
  423  appoint one member from three persons nominated by the council
  424  to one seat on the commission. The Chief Financial Officer shall
  425  appoint one member from three persons nominated by the council
  426  to one seat on the commission.
  427         1. The council shall submit the recommendations to the
  428  Governor, the Commissioner of Agriculture, and the Chief
  429  Financial Officer by September 1 of those years in which the
  430  terms are to begin the following October or within 60 days after
  431  a vacancy occurs for any reason other than the expiration of the
  432  term. The Governor, the Commissioner of Agriculture, and the
  433  Chief Financial Officer may proffer names of persons to be
  434  considered for nomination by the council.
  435         2. The Governor, the Commissioner of Agriculture, and the
  436  Chief Financial Officer shall fill a vacancy occurring on the
  437  commission by appointment of one of the applicants nominated by
  438  the council only after a background investigation of such
  439  applicant has been conducted by the Department of Law
  440  Enforcement.
  441         3. Members shall be appointed to 3-year terms; however, in
  442  order to establish staggered terms, for the initial
  443  appointments, the Governor shall appoint four members to 3-year
  444  terms, two members to 2-year terms, and one member to a 1-year
  445  term, and the Commissioner of Agriculture and the Chief
  446  Financial Officer shall each appoint one member to a 3-year term
  447  and shall appoint a successor when that appointee’s term expires
  448  in the same manner as the original appointment. The terms of
  449  members shall begin on October 1 and end on September 30.
  450         4. The Governor shall select from the membership of the
  451  commission one person to serve as chair.
  452         5. A vacancy on the commission shall be filled for the
  453  unexpired portion of the term in the same manner as the original
  454  appointment.
  455         6. If the Governor, the Commissioner of Agriculture, or the
  456  Chief Financial Officer has not made an appointment within 30
  457  consecutive calendar days after the receipt of the
  458  recommendations, the council shall initiate, in accordance with
  459  this section, the nominating process within 30 days.
  460         7. Each appointment to the commission shall be subject to
  461  confirmation by the Senate during the next regular session after
  462  the vacancy occurs. If the Senate refuses to confirm or fails to
  463  consider the appointment of the Governor, the Commissioner of
  464  Agriculture, or the Chief Financial Officer, the council shall
  465  initiate, in accordance with this section, the nominating
  466  process within 30 days.
  467         8. The Governor or the Governor’s successor may recall an
  468  appointee.
  469         Section 5. Subsection (14) of section 403.503, Florida
  470  Statutes, is amended to read:
  471         403.503 Definitions relating to Florida Electrical Power
  472  Plant Siting Act.—As used in this act:
  473         (14) “Electrical power plant” means, for the purpose of
  474  certification, any steam or solar electrical generating facility
  475  using any process or fuel, including nuclear materials, except
  476  that this term does not include any steam or solar electrical
  477  generating facility of less than 75 megawatts in capacity unless
  478  the applicant for such a facility elects to apply for
  479  certification under this act. This term also includes the site;
  480  all associated facilities that will be owned by the applicant
  481  that are physically connected to the site; all associated
  482  facilities that are indirectly connected to the site by other
  483  proposed associated facilities that will be owned by the
  484  applicant; and associated transmission lines that will be owned
  485  by the applicant which connect the electrical power plant to an
  486  existing transmission network or rights-of-way to which the
  487  applicant intends to connect. At the applicant’s option, this
  488  term may include any offsite associated facilities that will not
  489  be owned by the applicant; offsite associated facilities that
  490  are owned by the applicant but that are not directly connected
  491  to the site; any proposed terminal or intermediate substations
  492  or substation expansions connected to the associated
  493  transmission line; or new transmission lines, upgrades, or
  494  improvements of an existing transmission line on any portion of
  495  the applicant’s electrical transmission system necessary to
  496  support the generation injected into the system from the
  497  proposed electrical power plant.
  498         Section 6. Subsections (1) and (3) of section 525.09,
  499  Florida Statutes, are amended to read:
  500         525.09 Inspection fee.—
  501         (1) For the purpose of defraying the expenses incident to
  502  inspecting, testing, and analyzing petroleum fuels in this
  503  state, there shall be paid to the department a charge of one
  504  eighth cent per gallon on all gasoline, alternative fuel
  505  containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
  506  kerosene that is not (except when used as aviation turbine
  507  fuel), and #1 fuel oil for sale or use in this state. This
  508  inspection fee shall be imposed in the same manner as the motor
  509  fuel tax pursuant to s. 206.41. Payment shall be made on or
  510  before the 25th day of each month.
  511         (3) All remittances to the department for the inspection
  512  tax herein provided shall be accompanied by a detailed report
  513  under oath showing the number of gallons of gasoline,
  514  alternative fuel containing alcohol as defined in s.
  515  525.01(1)(c)1. or 2., kerosene, or fuel oil sold and delivered
  516  in each county.
  517         Section 7. (1)The Florida Energy and Climate Commission
  518  shall prepare a report that:
  519         (a)Identifies methods of increasing energy-efficiency
  520  practices among low-income households as defined in ss. 420.9071
  521  and 421.03, Florida Statutes. The commission shall, at a
  522  minimum, identify energy-efficiency programs that are currently
  523  offered to low-income households by community action agencies,
  524  community-based organizations, and utility companies in this
  525  state and similar programs that are offered to low-income
  526  households in other states.
  527         (b)Determines the statewide impact of improving the level
  528  of the energy efficiency of rental housing stock, including, but
  529  not limited to, the environmental benefits of such improvements
  530  and the potential fiscal impact with respect to property
  531  tenants, owners, and landlords and to the economy. The
  532  commission shall consider the relative equity and economic
  533  efficiency of the cost-share for such energy-efficiency
  534  improvements.
  535         (c)Provides recommendations for implementing energy
  536  efficiency practices among residents of low-income households.
  537         (2)The commission shall submit the report to the President
  538  of the Senate and the Speaker of the House of Representatives by
  539  December 1, 2009.
  540         Section 8. This act shall take effect July 1, 2009.