HB 1267

1
A bill to be entitled
2An act relating to economic development; amending s.
3288.9602, F.S.; revising legislative findings and
4declarations of necessity to emphasize the importance of
5the economic activities in counties and municipalities;
6providing that the purposes of the Florida Development
7Finance Corporation Act may be accomplished by legislation
8implementing constitutional provisions allowing local
9governments to issue revenue bonds to finance or refinance
10the cost of certain capital projects and authorizing new
11and innovative means for the investment of public trust
12funds; creating s. 366.94, F.S.; authorizing a nonutility
13producer of renewable energy to sell electricity to
14electricity customers at retail; requiring the Public
15Service Commission to adopt rules and submit reports to
16the Legislature; providing an effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 288.9602, Florida Statutes, is amended
21to read:
22     288.9602  Findings and declarations of necessity.-The
23Legislature finds and declares that:
24     (1)  There is a need to enhance economic activity in the
25counties and municipalities of the state by attracting
26manufacturing, development, redevelopment of brownfield areas,
27business enterprise management, and other activities conducive
28to economic promotion in order to provide a stronger, more
29balanced, and stable economy in the state.
30     (2)  A significant portion of businesses located in the
31counties and municipalities of the state or desiring to locate
32in the state encounter difficulty in obtaining financing on
33terms competitive with those available to businesses located in
34other states and nations or are unable to obtain such financing
35at all.
36     (3)  The difficulty in obtaining such financing impairs the
37expansion of economic activity and the creation of jobs and
38income in communities throughout the state.
39     (4)  The businesses most often affected by these financing
40difficulties are small businesses critical to the economic
41development of the counties and municipalities of the state.
42     (5)  The economic well-being of the people in, and the
43commercial and industrial resources of, the counties and
44municipalities of the state would be enhanced by the provision
45of financing to businesses on terms competitive with those
46available in the most developed financial markets worldwide.
47     (6)  In order to improve the prosperity and welfare of the
48counties and municipalities of the this state and its
49inhabitants, to improve and promote the financing of projects
50related to the economic development of the counties and
51municipalities of the this state, including redevelopment of
52brownfield areas, and to increase the purchasing power and
53opportunities for gainful employment of citizens of the counties
54and municipalities of the this state, it is necessary and in the
55public interest to facilitate the financing of such projects as
56provided for in this act and to do so without regard to the
57boundaries between counties, municipalities, special districts,
58and other local governmental bodies or agencies in order to more
59effectively and efficiently serve the interests of the greatest
60number of people in the widest area practicable.
61     (7)  In order to promote and stimulate development and
62advance the business prosperity and economic welfare of the
63counties and municipalities of the this state and its
64inhabitants; to encourage and assist new business and industry
65in the this state through loans, investments, or other business
66transactions; to rehabilitate and assist existing businesses; to
67stimulate and assist in the expansion of all kinds of for-profit
68and not-for-profit business activity; and to create maximum
69opportunities for employment, encouragement of thrift, and
70improvement of the standard of living of the citizens of
71Florida, it is necessary and in the public interest to
72facilitate the cooperation and action between organizations,
73public and private, in the promotion, development, and conduct
74of all kinds of for-profit and not-for-profit business activity
75in the state.
76     (8)  In order to efficiently and effectively achieve the
77purposes of this act, it is necessary and in the public interest
78to create a special development finance authority to cooperate
79and act in conjunction with public agencies of the this state
80and local governments of the this state, through interlocal
81agreements pursuant to the Florida Interlocal Cooperation Act of
821969, in the promotion and advancement of projects related to
83economic development, including redevelopment of brownfield
84areas, throughout the state.
85     (9)  The purposes to be achieved by the special development
86finance authority through such projects and such financings of
87business and industry in compliance with the criteria and the
88requirements of this act are predominantly the public purposes
89stated in this section, and such purposes implement the
90governmental purposes under the State Constitution of providing
91for the health, safety, and welfare of the people of the state.
92These purposes may be facilitated through legislation fully
93implementing s. 10(c), Art. VII of the State Constitution to
94authorize local governments to issue revenue bonds for the
95financing or refinancing of capital projects, and through
96legislation authorizing new and innovative means for the
97investment of public trust funds pursuant to s. 10(a), Art. VII
98of the State Constitution.
99     Section 2.  Section 366.94, Florida Statutes, is created to
100read:
101     366.94  Retail sales of renewable energy.-
102     (1)  As used in this section, the term "renewable energy"
103has the same meaning as provided in s. 366.91.
104     (2)  Notwithstanding any other provision in this chapter, a
105nonutility producer of renewable energy may sell electricity
106directly to one or more retail consumers.
107     (3)  The commission shall adopt rules to administer this
108section. In adopting such rules, the commission shall establish,
109at a minimum:
110     (a)  Requirements related to interconnection and metering.
111     (b)  A mechanism for setting rates for any service provided
112to the consumer by the utility if such service is required by
113the consumer. These rates shall ensure that the utility's
114general body of ratepayers does not subsidize the consumer in
115any way, including any redundant utility generating capacity
116necessary to serve the consumer.
117     (c)  Requirements for notice to the commission of the size
118and location of each renewable energy generation facility
119planned under this section, the identity and historical and
120projected load characteristics of each host consumer, and any
121other information deemed necessary by the commission to satisfy
122its obligations under s. 366.04(5).
123     (4)  Beginning January 1, 2012, and at least once every 6
124months thereafter, the commission shall submit a report to the
125Legislature of activity under this section which addresses the
126impacts of such activity on the electric power grid of the
127state, individual utility systems, and each utility's general
128body of ratepayers, and includes recommendations concerning
129implementation of this program.
130     Section 3.  This act shall take effect upon becoming a law.


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