CS for SB 1380                                  Second Engrossed
       
       
       
       
       
       
       
       
       20091380e2
       
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 377.705, F.S.;
    3         requiring the Solar Energy Center to charge testing
    4         fees; directing the Florida Building Commission to
    5         make all changes to the building and energy codes
    6         necessary to conform to this act; directing the state
    7         land planning agency to implement an Energy Economic
    8         Zone Pilot Program to develop a model to help
    9         communities encourage and attain certain specified
   10         conservation goals; requiring the Office of Tourism,
   11         Trade, and Economic Development and the Florida Energy
   12         and Climate Commission to provide technical assistance
   13         to the state land planning agency; authorizing
   14         Sarasota County to apply to the state land planning
   15         agency to participate in the pilot program; requiring
   16         the state land planning agency, with the assistance of
   17         the Office of Tourism, Trade, and Economic
   18         Development, to submit an interim report and later a
   19         final report, by specified dates; providing that if a
   20         specified commissioner of the Florida Energy and
   21         Climate Commission is not confirmed during the 2009
   22         Regular Session or the 2010 Regular Session, the
   23         commissioner’s appointment shall be extended until May
   24         1, 2010, except for any member who, during that time,
   25         the Senate expressly refuses to confirm; requiring the
   26         Florida Energy and Climate Commission to obtain the
   27         approval of the joint Legislative Budget Commission
   28         before spending or disbursing any funds received from
   29         the federal government as part of a federal stimulus
   30         package; providing an effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 377.705, Florida Statutes, is amended to
   35  read:
   36         377.705 Solar Energy Center; development of solar energy
   37  standards.—
   38         (1) SHORT TITLE.—This section act shall be known and may be
   39  cited as the Solar Energy Standards Act of 1976.
   40         (2) LEGISLATIVE FINDINGS AND INTENT.—
   41         (a) Because of increases in the cost of conventional fuel,
   42  certain applications of solar energy are becoming competitive,
   43  particularly when life-cycle costs are considered. It is the
   44  intent of the Legislature in formulating a sound and balanced
   45  energy policy for the state to encourage the development of an
   46  alternative energy capability in the form of incident solar
   47  energy.
   48         (b) Toward this purpose, the Legislature intends to provide
   49  incentives for the production and sale of, and to set standards
   50  for, solar energy systems. Such standards must shall ensure that
   51  solar energy systems manufactured or sold within the state are
   52  effective and represent a high level of quality of materials,
   53  workmanship, and design.
   54         (3) DEFINITIONS.—As used in this section, the term:
   55         (a) “Center” means is defined as the Florida Solar Energy
   56  Center of the Board of Governors.
   57         (b) “Solar energy systems” means is defined as equipment
   58  that which provides for the collection and use of incident solar
   59  energy for water heating, space heating or cooling, or other
   60  applications that which normally require or would require a
   61  conventional source of energy such as petroleum products,
   62  natural gas, or electricity, and that which performs primarily
   63  with solar energy. In such other systems in which solar energy
   64  is used in a supplemental way, only those components that which
   65  collect and transfer solar energy are shall be included in this
   66  definition.
   67         (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
   68  DISCLOSURE, SET TESTING FEES.—
   69         (a) The center shall develop and promulgate standards for
   70  solar energy systems manufactured or sold in this state based on
   71  the best currently available information and shall consult with
   72  scientists, engineers, or persons in research centers who are
   73  engaged in the construction of, experimentation with, and
   74  research of solar energy systems to properly identify the most
   75  reliable designs and types of solar energy systems.
   76         (b) The center shall select nationally-recognized standards
   77  for solar energy systems and establish criteria for testing the
   78  performance of solar energy systems and shall maintain the
   79  necessary capability for testing or evaluating the performance
   80  of solar energy systems. The center may accept results of tests
   81  on solar energy systems made by other organizations, companies,
   82  or persons when such tests are conducted according to the
   83  criteria established by the center and when the testing entity
   84  has no vested interest in the manufacture, distribution or sale
   85  of solar energy systems.
   86         (5)(c)FEES.-The center shall charge be entitled to receive
   87  a testing fee sufficient to cover the costs of such testing. All
   88  testing fees shall be transmitted by the center to the Chief
   89  Financial Officer to be deposited in the Solar Energy Center
   90  Testing Trust Fund, which is hereby created in the State
   91  Treasury, and disbursed for the payment of expenses incurred in
   92  testing solar energy systems.
   93         (6)(d) All solar energy systems manufactured or sold in the
   94  state must meet the nationally-recognized standards selected
   95  established by the center and shall display accepted results of
   96  approved performance tests in a manner prescribed by the center.
   97         Section 2. (1)(a)The state land planning agency shall
   98  implement an Energy Economic Zone Pilot Program to develop a
   99  model to help communities encourage and attain renewable
  100  electric energy generation, the manufacture of products that
  101  contribute to energy conservation, green jobs, and energy
  102  efficient land use and development patterns and building
  103  designs. The Office of Tourism, Trade, and Economic Development,
  104  within the Executive Office of the Governor, and the Florida
  105  Energy and Climate Commission shall provide technical assistance
  106  to the state land planning agency in developing and
  107  administering the program. The pilot program is intended to
  108  cultivate green economic development and further the
  109  implementation of 2008 – 191, Laws of Florida, that requires
  110  that future land use elements within local government
  111  comprehensive plans are to be based on the discouragement of
  112  urban sprawl, energy-efficient land use patterns accounting for
  113  existing and future electric power generation and transmission
  114  systems, and greenhouse gas reduction strategies.
  115         (b) Sarasota County is hereby authorized to apply to the
  116  state land planning agency to participate in the pilot program
  117  based on its record of promoting energy efficient policies and
  118  practices; and encouraging green economic development including
  119  adoption of a resolution with carbon neutral goals, an
  120  established green building and development incentive program,
  121  and a voter approved infrastructure surtax with a portion
  122  dedicated to economic development. The application shall
  123  identify the proposed location of the energy economic zone which
  124  shall be within an adopted urban service area and may include
  125  the county landfill outside the urban service boundary, present
  126  a proposed strategic plan for development and redevelopment in
  127  the energy economic zone, demonstrate consistency of the
  128  strategic plan with the local comprehensive plan or include
  129  proposed plan amendments necessary to achieve consistency, and
  130  identify comprehensive plan amendments that will be proposed to
  131  implement 2008 – 191, Laws of Florida. The strategic plan must
  132  include mixed use and form based standards that integrate
  133  multimodal transportation facilities with land use and
  134  development patterns to reduce reliance on automobiles,
  135  encourage certified green building developments and renewable
  136  energy systems, encourage creating green jobs, and demonstrate
  137  how local financial and regulatory incentives will be used in
  138  the energy economic zone. The state land planning agency shall
  139  grant the application if it meets the requirements of this
  140  section.
  141         (c) The state land planning agency and the Office of
  142  Tourism, Trade, and Economic Development, within the Executive
  143  Office of the Governor shall provide the pilot community,
  144  including businesses within the energy economic zone, with
  145  technical assistance in identifying and qualifying for eligible
  146  grants and credits in job creation, energy, and other areas.
  147         (2) The state land planning agency shall:
  148         (a) With the assistance of the Office of Tourism, Trade,
  149  and Economic Development, submit an interim report by February
  150  15, 2010, to the Governor, the President of the Senate, and the
  151  Speaker of the House of Representatives regarding the status of
  152  the pilot program and any recommendations deemed appropriate by
  153  the agency for statutory changes to accomplish the goals of the
  154  pilot program community, including whether it would be
  155  beneficial to provide financial incentives similar to those
  156  offered an enterprise zone.
  157         (b) After consultation with the Office of Tourism, Trade,
  158  and Economic Development, submit a final report to the same
  159  officers by February 15, 2012, evaluating whether the pilot
  160  program has demonstrated any success in development and
  161  redevelopment in the energy economic zone incorporating
  162  renewable energy generation systems, low-impact design, and
  163  energy-efficient land use and development patterns and building
  164  designs, and shall recommend whether the program should be
  165  expanded for use by other local governments and whether state
  166  policies should be revised to encourage the goals of the
  167  program.
  168         Section 3. The Florida Building Commission is directed to
  169  make all changes to the building and energy codes necessary to
  170  conform those rules to this bill.
  171         Section 4. The term of any person sitting as a member of
  172  the Florida Energy and Climate Commission on March 3, 2009,
  173  whose appointment is not confirmed by the Senate during the 2009
  174  Regular Session or the 2010 Regular Session, shall be extended
  175  until completion of the 2010 Regular Session, except for any
  176  member who, during that time, the Senate expressly refuses to
  177  confirm.
  178         Section 5. The Florida Energy and Climate Commission must
  179  obtain the approval of the joint Legislative Budget Commission
  180  before spending or disbursing any funds received from the
  181  federal government as part of a federal stimulus package.
  182         Section 6. This act shall take effect upon becoming a law.