HB 7133

1
A bill to be entitled
2An act relating to alternative energy and energy
3efficiency; creating ss. 125.01095 and 166.0446, F.S.;
4providing that the construction and operation of a biofuel
5processing or renewable energy generating facility or the
6cultivation and production of bioenergy constitutes a
7valid industrial, agricultural, or silvicultural use;
8providing an exemption for such facilities and operations
9from local comprehensive land use plans, local zoning
10regulations, and requirements for a comprehensive plan
11amendment, special exemption, use permit, waiver, or
12variance; providing a limitation for fees imposed on such
13facility owners and operators by local governments;
14amending s. 193.461, F.S.; requiring portions of
15agricultural properties containing solar energy facilities
16or biofuel processing facilities to be assessed
17separately; providing for the classification of the
18remaining portions of such properties; amending s.
19193.462, F.S.; conforming a cross-reference; amending ss.
20213.053 and 220.192, F.S.; conforming references to the
21transfer of duties relating to the renewable energy
22technologies investment tax credit from the Department of
23Environmental Protection to the Florida Energy and Climate
24Commission; providing retroactive applicability with
25respect to access to related confidential information;
26amending s. 366.91, F.S.; including biodiesel in the
27definition of the term "renewable energy"; amending s.
28366.92, F.S.; defining the term "combined heat and power
29system"; revising the definitions of the terms "renewable
30energy" and "renewable energy credit" to include
31provisions for combined heat and power systems; revising
32the definitions of other terms to provide editorial
33changes; amending s. 373.236, F.S.; authorizing 25-year
34consumptive use permits for specified lands used in the
35production of renewable energy; providing that such
36permits are exempt from certain revocation by the
37governing board of the water management district or by the
38Department of Environmental Protection; amending s.
39403.503, F.S.; removing solar electrical generating
40facilities from the definition of the term "electrical
41power plant" for the purpose of certification relating to
42the Florida Electrical Power Plant Siting Act; amending s.
43403.973, F.S.; providing that permit applications and
44local comprehensive plan amendments for specified
45renewable energy projects are eligible for expedited
46review by local governments; providing for the
47establishment of regional permit action teams through the
48execution of memoranda of agreement developed by permit
49applicants and the Office of Tourism, Trade, and Economic
50Development; providing for the appeal of a local
51government's approval of an expedited permit or
52comprehensive plan amendment and requiring such appeals to
53be consolidated with challenges to state agency actions;
54specifying the form of the memoranda of agreement
55developed by the office; providing for challenges to state
56agency action related to expedited permitting for
57specified renewable energy projects; revising provisions
58relating to the review of sites proposed for the location
59of specified facilities; specifying expedited review
60eligibility for certain electrical power projects;
61amending s. 525.09, F.S.; providing an inspection fee and
62related reporting requirements for specified alternative
63fuels; amending s. 553.792, F.S.; providing for a single
64permit, permit application, and permit fee for the
65installation of specified systems; providing criteria for
66determining fee amounts; requiring the Florida Energy and
67Climate Commission to prepare a report on energy
68efficiency with respect to low-income households and
69rental housing properties to be submitted to the
70Legislature by a specified date; providing report
71requirements; providing effective dates.
72
73Be It Enacted by the Legislature of the State of Florida:
74
75     Section 1.  Section 125.01095, Florida Statutes, is created
76to read:
77     125.01095  Biofuel and renewable energy.--The construction
78and operation of a biofuel processing facility or a facility for
79the production or generation of renewable energy, as defined in
80s. 366.91(2)(d), and the cultivation and production of
81bioenergy, as defined in s. 570.957(1)(a), are each a valid
82industrial, agricultural, or silvicultural use permitted within
83such land use categories in a local comprehensive land use plan
84and for purposes of any local zoning regulation. Local
85comprehensive land use plans and local zoning regulations may
86not require the owner or operator of a biofuel processing
87facility or a renewable energy generating facility to obtain any
88comprehensive plan amendment, special exemption, use permit,
89waiver, or variance, or to pay any special fee in excess of
90$1,000, to operate in an area zoned for industrial,
91agricultural, or silvicultural use. The construction and
92operation of a facility and related improvements on a portion of
93a property pursuant to this section shall not affect the
94remainder of the property's classification as agricultural
95pursuant to s. 193.461.
96     Section 2.  Section 166.0446, Florida Statutes, is created
97to read:
98     166.0446  Biofuel and renewable energy.--The construction
99and operation of a biofuel processing facility or a facility for
100the production or generation of renewable energy, as defined in
101s. 366.91(2)(d), and the cultivation and production of
102bioenergy, as defined in s. 570.957(1)(a), are each a valid
103industrial, agricultural, or silvicultural use permitted within
104such land use categories in a local comprehensive land use plan
105and for purposes of any local zoning regulation. Local
106comprehensive land use plans and local zoning regulations may
107not require the owner or operator of a biofuel processing
108facility or a renewable energy generating facility to obtain any
109comprehensive plan amendment, special exemption, use permit,
110waiver, or variance, or to pay any special fee in excess of
111$1,000, to operate in an area zoned for industrial,
112agricultural, or silvicultural use. The construction and
113operation of a facility and related improvements on a portion of
114a property pursuant to this section shall not affect the
115remainder of the property's classification as agricultural
116pursuant to s. 193.461.
117     Section 3.  Paragraph (e) of subsection (3) of section
118193.461, Florida Statutes, is redesignated as paragraph (f), and
119a new paragraph (e) is added to that subsection to read:
120     193.461  Agricultural lands; classification and assessment;
121mandated eradication or quarantine program.--
122     (3)
123     (e)  When property receiving an agricultural classification
124contains a solar energy facility or biofuel processing facility
125under the same ownership, the portion of the property consisting
126of the solar energy facility or biofuel processing facility must
127be assessed separately, pursuant to s. 193.011. The remaining
128property may be classified under the provisions of paragraphs
129(a) and (b).
130     Section 4.  Subsection (1) of section 193.462, Florida
131Statutes, is amended to read:
132     193.462  Agricultural lands; annual application process;
133extenuating circumstances; waivers.--
134     (1)  For purposes of granting an agricultural
135classification for January 1, 2003, the term "extenuating
136circumstances," as used in s. 193.461(3)(a), includes the
137failure of a property owner in a county that waived the annual
138application process to return the agricultural classification
139form or card, which return was required by operation of s.
140193.461(3)(f)(e), as created by chapter 2002-18, Laws of
141Florida.
142     Section 5.  Effective upon this act becoming a law and
143applying retroactively to July 1, 2008, paragraph (y) of
144subsection (8) of section 213.053, Florida Statutes, is amended
145to read:
146     213.053  Confidentiality and information sharing.--
147     (8)  Notwithstanding any other provision of this section,
148the department may provide:
149     (y)  Information relative to ss. 212.08(7)(ccc) and 220.192
150to the Florida Energy and Climate Commission Department of
151Environmental Protection for use in the conduct of its official
152business.
153
154Disclosure of information under this subsection shall be
155pursuant to a written agreement between the executive director
156and the agency. Such agencies, governmental or nongovernmental,
157shall be bound by the same requirements of confidentiality as
158the Department of Revenue. Breach of confidentiality is a
159misdemeanor of the first degree, punishable as provided by s.
160775.082 or s. 775.083.
161     Section 6.  Subsections (4) and (5) of section 220.192,
162Florida Statutes, are amended to read:
163     220.192  Renewable energy technologies investment tax
164credit.--
165     (4)  TAXPAYER APPLICATION PROCESS.--To claim a credit under
166this section, each taxpayer must apply to the Florida Energy and
167Climate Commission Department of Environmental Protection for an
168allocation of each type of annual credit by the date established
169by the Florida Energy and Climate Commission Department of
170Environmental Protection. The application form may be
171established by the Florida Energy and Climate Commission
172Department of Environmental Protection and shall include an
173affidavit from each taxpayer certifying that all information
174contained in the application, including all records of eligible
175costs claimed as the basis for the tax credit, are true and
176correct. Approval of the credits under this section shall be
177accomplished on a first-come, first-served basis, based upon the
178date complete applications are received by the Florida Energy
179and Climate Commission Department of Environmental Protection. A
180taxpayer shall submit only one complete application based upon
181eligible costs incurred within a particular state fiscal year.
182Incomplete placeholder applications will not be accepted and
183will not secure a place in the first-come, first-served
184application line. If a taxpayer does not receive a tax credit
185allocation due to the exhaustion of the annual tax credit
186authorizations, then such taxpayer may reapply in the following
187year for those eligible costs and will have priority over other
188applicants for the allocation of credits.
189     (5)  ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF
190CREDITS.--
191     (a)  In addition to its existing audit and investigation
192authority, the Department of Revenue may perform any additional
193financial and technical audits and investigations, including
194examining the accounts, books, and records of the tax credit
195applicant, that are necessary to verify the eligible costs
196included in the tax credit return and to ensure compliance with
197this section. The Florida Energy and Climate Commission
198Department of Environmental Protection shall provide technical
199assistance when requested by the Department of Revenue on any
200technical audits or examinations performed pursuant to this
201section.
202     (b)  It is grounds for forfeiture of previously claimed and
203received tax credits if the Department of Revenue determines, as
204a result of either an audit or examination or from information
205received from the Florida Energy and Climate Commission
206Department of Environmental Protection, that a taxpayer received
207tax credits pursuant to this section to which the taxpayer was
208not entitled. The taxpayer is responsible for returning
209forfeited tax credits to the Department of Revenue, and such
210funds shall be paid into the General Revenue Fund of the state.
211     (c)  The Florida Energy and Climate Commission Department
212of Environmental Protection may revoke or modify any written
213decision granting eligibility for tax credits under this section
214if it is discovered that the tax credit applicant submitted any
215false statement, representation, or certification in any
216application, record, report, plan, or other document filed in an
217attempt to receive tax credits under this section. The Florida
218Energy and Climate Commission Department of Environmental
219Protection shall immediately notify the Department of Revenue of
220any revoked or modified orders affecting previously granted tax
221credits. Additionally, the taxpayer must notify the Department
222of Revenue of any change in its tax credit claimed.
223     (d)  The taxpayer shall file with the Department of Revenue
224an amended return or such other report as the Department of
225Revenue prescribes by rule and shall pay any required tax and
226interest within 60 days after the taxpayer receives notification
227from the Florida Energy and Climate Commission Department of
228Environmental Protection that previously approved tax credits
229have been revoked or modified. If the revocation or modification
230order is contested, the taxpayer shall file an amended return or
231other report as provided in this paragraph within 60 days after
232a final order is issued following proceedings.
233     (e)  A notice of deficiency may be issued by the Department
234of Revenue at any time within 3 years after the taxpayer
235receives formal notification from the Florida Energy and Climate
236Commission Department of Environmental Protection that
237previously approved tax credits have been revoked or modified.
238If a taxpayer fails to notify the Department of Revenue of any
239changes to its tax credit claimed, a notice of deficiency may be
240issued at any time.
241     Section 7.  Paragraph (d) of subsection (2) of section
242366.91, Florida Statutes, is amended to read:
243     366.91  Renewable energy.--
244     (2)  As used in this section, the term:
245     (d)  "Renewable energy" means electrical energy produced
246from a method that uses one or more of the following fuels or
247energy sources: hydrogen produced from sources other than fossil
248fuels, biodiesel, biomass, solar energy, geothermal energy, wind
249energy, ocean energy, and hydroelectric power. The term includes
250the alternative energy resource, waste heat, from sulfuric acid
251manufacturing operations.
252     Section 8.  Subsection (2) of section 366.92, Florida
253Statutes, is amended to read:
254     366.92  Florida renewable energy policy.--
255     (2)  As used in this section, the term:
256     (a)  "Combined heat and power system" means a system that
257simultaneously or sequentially generates electricity and thermal
258energy from the same primary energy source.
259     (b)(a)  "Florida renewable energy resources" means
260renewable energy, as defined in s. 377.803, that is produced in
261this state Florida.
262     (c)(b)  "Provider" means a "utility" as defined in s.
263366.8255(1)(a).
264     (d)(c)  "Renewable energy" means renewable energy as
265defined in s. 366.91(2)(d). The term includes waste heat thermal
266energy produced by a combined heat and power system placed into
267service in this state after July 1, 2009, and used to produce
268biofuel and any associated coproducts.
269     (e)(d)  "Renewable energy credit" or "REC" means a product
270that represents the unbundled, separable, renewable attribute of
271renewable energy produced in this state Florida and is
272equivalent to 1 megawatt-hour of electricity generated by a
273source of renewable energy located in this state Florida. For
274combined heat and power systems placed into service in this
275state after July 1, 2009, one renewable energy credit shall be
276produced for every 3.412 million Btu of waste heat thermal
277energy used to produce biofuel and any associated coproducts.
278     (f)(e)  "Renewable portfolio standard" or "RPS" means the
279minimum percentage of total annual retail electricity sales by a
280provider to consumers in this state Florida that shall be
281supplied by renewable energy produced in this state Florida.
282     Section 9.  Subsection (6) is added to section 373.236,
283Florida Statutes, to read:
284     373.236  Duration of permits; compliance reports.--
285     (6)  Permits approved for a renewable energy generating
286facility or for the cultivation of agricultural products on
2871,000 acres or more for use in the production of renewable
288energy as defined in s. 366.91(2)(d) shall be granted for a term
289of at least 25 years and commensurate with the foreseeable life
290of the renewable energy generating facility, including the
291extension of the facility's life from viable repowering
292projects. Such permits are subject to compliance reports under
293subsection (4) and are exempt from the provisions of s.
294373.243(4).
295     Section 10.  Subsection (14) of section 403.503, Florida
296Statutes, is amended to read:
297     403.503  Definitions relating to Florida Electrical Power
298Plant Siting Act.--As used in this act:
299     (14)  "Electrical power plant" means, for the purpose of
300certification, any steam or solar electrical generating facility
301using any process or fuel, including nuclear materials, except
302that the this term does not include any steam or solar
303electrical generating facility of less than 75 megawatts in
304capacity unless the applicant for such a facility elects to
305apply for certification under this act. The This term also
306includes the site; all associated facilities that will be owned
307by the applicant that are physically connected to the site; all
308associated facilities that are indirectly connected to the site
309by other proposed associated facilities that will be owned by
310the applicant; and associated transmission lines that will be
311owned by the applicant which connect the electrical power plant
312to an existing transmission network or rights-of-way to which
313the applicant intends to connect. At the applicant's option, the
314this term may include any offsite associated facilities that
315will not be owned by the applicant; offsite associated
316facilities that are owned by the applicant but that are not
317directly connected to the site; any proposed terminal or
318intermediate substations or substation expansions connected to
319the associated transmission line; or new transmission lines,
320upgrades, or improvements of an existing transmission line on
321any portion of the applicant's electrical transmission system
322necessary to support the generation injected into the system
323from the proposed electrical power plant.
324     Section 11.  Paragraph (a) of subsection (3), subsections
325(4), (7), and (11), paragraph (b) of subsection (13), paragraph
326(b) of subsection (14), subsection (15), and paragraph (b) of
327subsection (19) of section 403.973, Florida Statutes, are
328amended, and paragraph (f) is added to subsection (3) of that
329section, to read:
330     403.973  Expedited permitting; comprehensive plan
331amendments.--
332     (3)(a)  The Governor, through the office, shall direct the
333creation of regional permit action teams, for the purpose of
334expediting review of permit applications and local comprehensive
335plan amendments submitted by:
336     1.  Businesses creating at least 100 jobs;, or
337     2.  Businesses creating at least 50 jobs if the project is
338located in an enterprise zone, or in a county having a
339population of less than 75,000 or in a county having a
340population of less than 100,000 which is contiguous to a county
341having a population of less than 75,000, as determined by the
342most recent decennial census, residing in incorporated and
343unincorporated areas of the county., or
344     (f)  Projects for the cultivation of agricultural products
345on 1,000 acres or more for use in the production of biofuels and
346projects for the construction of a facility to process biofuel
347or biodiesel or to generate renewable energy, as defined in s.
348366.91(2)(d), are eligible for expedited review.
349     (4)  The regional teams shall be established through the
350execution of memoranda of agreement developed by the applicant
351and between the office with input solicited from and the
352respective heads of the Department of Environmental Protection,
353the Department of Community Affairs, the Department of
354Transportation and its district offices, the Department of
355Agriculture and Consumer Services, the Fish and Wildlife
356Conservation Commission, appropriate regional planning councils,
357appropriate water management districts, and voluntarily
358participating municipalities and counties. The memoranda of
359agreement must should also accommodate participation in the this
360expedited process by other local governments and federal
361agencies as circumstances warrant.
362     (7)  At the option of the participating local government,
363Appeals of a local government's its final approval for a project
364must may be pursuant to the summary hearing provisions in of s.
365120.574, pursuant to subsection (14), and consolidated with the
366challenge of applicable state agency actions, if any or pursuant
367to other appellate processes available to the local government.
368The local government's decision to enter into a summary hearing
369must be made as provided in s. 120.574 or in the memorandum of
370agreement.
371     (11)  The standard form memorandum memoranda of agreement
372must shall include guidelines to be used in working with state,
373regional, and local permitting authorities. Guidelines may
374include, but are not limited to, the following:
375     (a)  A central contact point for filing permit applications
376and local comprehensive plan amendments and for obtaining
377information on permit and local comprehensive plan amendment
378requirements;
379     (b)  Identification of the individual or individuals within
380each respective agency who will be responsible for processing
381the expedited permit application or local comprehensive plan
382amendment for the that agency;
383     (c)  A mandatory preapplication review process to reduce
384permitting conflicts by providing guidance to applicants
385regarding the permits needed from each agency and governmental
386entity, site planning and development, site suitability and
387limitations, facility design, and steps the applicant can take
388to ensure expeditious permit application and local comprehensive
389plan amendment review. As a part of the this process, the first
390interagency meeting to discuss a project shall be held within 14
391days after the office's determination that the project is
392eligible for expedited review. Subsequent interagency meetings
393may be scheduled to accommodate the needs of participating local
394governments that are unable to meet public notice requirements
395for executing a memorandum of agreement within the this
396timeframe. Such This accommodation may not exceed 45 days from
397the office's determination that the project is eligible for
398expedited review;
399     (d)  The preparation of a single coordinated project
400description form and checklist and an agreement by state and
401regional agencies to reduce the burden on an applicant to
402provide duplicate information to multiple agencies;
403     (e)  Establishment of A process for the adoption and review
404of any comprehensive plan amendment needed by any certified
405project within 90 days after the submission of an application
406for a comprehensive plan amendment. However, the memorandum of
407agreement may not prevent affected persons as defined in s.
408163.3184 from appealing or participating in the this expedited
409plan amendment process and any review or appeals of decisions
410made under this paragraph; and
411     (f)  Additional incentives for an applicant who proposes a
412project that provides a net ecosystem benefit.
413     (13)  Notwithstanding any other provisions of law:
414     (b)  Projects that are qualified under this section are not
415subject to interstate highway level-of-service standards adopted
416by the Department of Transportation for concurrency purposes.
417The memorandum of agreement specified in subsection (5) must
418include a process by which the applicant will be assessed a fair
419share of the cost of mitigating the project's significant
420traffic impacts, as defined in chapter 380 and related rules.
421The agreement must also specify whether the significant traffic
422impacts on the interstate system will be mitigated through the
423implementation of a project or payment of funds to the
424Department of Transportation. If Where funds are paid, the
425Department of Transportation must include in the 5-year work
426program transportation projects or project phases, in an amount
427equal to the funds received, to mitigate the traffic impacts
428associated with the proposed project.
429     (14)
430     (b)  Challenges to state agency action in the expedited
431permitting process for establishment of a state-of-the-art
432biomedical research institution and campus in this state by the
433grantee under s. 288.955 or a project identified in paragraph
434(3)(f) are subject to the same requirements as challenges
435brought under paragraph (a), except that, notwithstanding s.
436120.574, summary proceedings must be conducted within 30 days
437after a party files the motion for summary hearing, regardless
438of whether the parties agree to the summary proceeding.
439     (15)  The office, working with the agencies that provide
440input to participating in the memoranda of agreement, shall
441review sites proposed for the location of facilities eligible
442for the Innovation Incentive Program under s. 288.1089. Within
44320 days after the request for the review by the office, the
444agencies shall provide to the office a statement as to each
445site's necessary permits under local, state, and federal law and
446an identification of significant permitting issues, which if
447unresolved, may result in the denial of an agency permit or
448approval or any significant delay caused by the permitting
449process.
450     (19)  The following projects are ineligible for review
451under this part:
452     (b)  A project, the primary purpose of which is to:
453     1.  Effect the final disposal of solid waste, biomedical
454waste, or hazardous waste in this state.
455     2.  Produce electrical power, unless the production of
456electricity is incidental and not the primary function of the
457project or the electrical power is derived from a renewable
458energy fuel source as defined in s. 366.91(2)(d).
459     3.  Extract natural resources.
460     4.  Produce oil.
461     5.  Construct, maintain, or operate an oil, petroleum,
462natural gas, or sewage pipeline.
463     Section 12.  Subsections (1) and (3) of section 525.09,
464Florida Statutes, are amended to read:
465     525.09  Inspection fee.--
466     (1)  For the purpose of defraying the expenses incident to
467inspecting, testing, and analyzing petroleum fuels in this
468state, there shall be paid to the department a charge of one-
469eighth cent per gallon on all gasoline, alternative fuel
470containing alcohol, as defined in s. 525.01(1)(c)1. or 2.,
471kerosene (except when used as aviation turbine fuel), and #1
472fuel oil for sale or use in this state. This inspection fee
473shall be imposed in the same manner as the motor fuel tax
474pursuant to s. 206.41. Payment shall be made on or before the
47525th day of each month.
476     (3)  All remittances to the department for the inspection
477tax herein provided shall be accompanied by a detailed report
478under oath showing the number of gallons of gasoline,
479alternative fuel containing alcohol, as defined in s.
480525.01(1)(c)1. or 2., kerosene, or fuel oil sold and delivered
481in each county.
482     Section 13.  Subsection (3) is added to section 553.792,
483Florida Statutes, to read:
484     553.792  Building permit application to local government.--
485     (3)  A local government may only require a single permit,
486permit application, and permit fee for the installation of a
487single engineered system that is covered by a single warranty.
488The permit fee shall be based upon the time required to review
489the application and issue the permit and the number of
490inspections required.
491     Section 14.  (1)  The Florida Energy and Climate Commission
492shall prepare a report that:
493     (a)  Identifies methods of increasing energy-efficiency
494practices among low-income households as defined in s. 420.9071,
495Florida Statutes. The commission shall, at a minimum, identify
496energy-efficiency programs currently offered to low-income
497households by community action agencies, community-based
498organizations, and utility companies in this state and similar
499programs offered to low-income households in other states.
500     (b)  Determines the statewide impact of improving the level
501of energy efficiency of rental housing properties, including,
502but not limited to, the environmental benefits of the
503improvements and the potential fiscal impact on property
504tenants, owners, and landlords and the economy. The commission
505shall consider the relative equity and economic efficiency of
506the cost share for such energy-efficiency improvements.
507     (c)  Provides recommendations to effect more energy-
508efficiency practices among low-income household residents.
509     (2)  The commission shall submit the report to the
510President of the Senate and the Speaker of the House of
511Representatives by February 1, 2010.
512     Section 15.  Except as otherwise expressly provided in this
513act, this act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.