Florida Senate - 2011                                    SB 1642
       
       
       
       By Senator Bennett
       
       
       
       
       21-01224A-11                                          20111642__
    1                        A bill to be entitled                      
    2         An act relating to economic development; amending s.
    3         288.9602, F.S.; revising legislative findings and
    4         declarations of necessity to emphasize the importance
    5         of the economic activities in counties and
    6         municipalities; providing that the purposes of the
    7         Florida Development Finance Corporation Act may be
    8         accomplished by legislation implementing
    9         constitutional provisions allowing local governments
   10         to issue revenue bonds to finance or refinance the
   11         cost of certain capital projects and authorizing new
   12         and innovative means for the investment of public
   13         trust funds; creating s. 366.94, F.S.; authorizing a
   14         producer of renewable energy to sell electricity to
   15         electricity customers at retail; requiring the Public
   16         Service Commission to adopt rules and submit reports
   17         to the Legislature; providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 288.9602, Florida Statutes, is amended
   22  to read:
   23         288.9602 Findings and declarations of necessity.—The
   24  Legislature finds and declares that:
   25         (1) There is a need to enhance economic activity in the
   26  counties and municipalities of the state by attracting
   27  manufacturing, development, redevelopment of brownfield areas,
   28  business enterprise management, and other activities conducive
   29  to economic promotion in order to provide a stronger, more
   30  balanced, and stable economy in the state.
   31         (2) A significant portion of businesses located in the
   32  counties and municipalities of the state or desiring to locate
   33  in the state encounter difficulty in obtaining financing on
   34  terms competitive with those available to businesses located in
   35  other states and nations or are unable to obtain such financing
   36  at all.
   37         (3) The difficulty in obtaining such financing impairs the
   38  expansion of economic activity and the creation of jobs and
   39  income in communities throughout the state.
   40         (4) The businesses most often affected by these financing
   41  difficulties are small businesses critical to the economic
   42  development of the counties and municipalities of the state.
   43         (5) The economic well-being of the people in, and the
   44  commercial and industrial resources of, the counties and
   45  municipalities of the state would be enhanced by the provision
   46  of financing to businesses on terms competitive with those
   47  available in the most developed financial markets worldwide.
   48         (6) In order to improve the prosperity and welfare of the
   49  counties and municipalities of the this state and its
   50  inhabitants, to improve and promote the financing of projects
   51  related to the economic development of the counties and
   52  municipalities of the this state, including redevelopment of
   53  brownfield areas, and to increase the purchasing power and
   54  opportunities for gainful employment of citizens of the counties
   55  and municipalities of the this state, it is necessary and in the
   56  public interest to facilitate the financing of such projects as
   57  provided for in this act and to do so without regard to the
   58  boundaries between counties, municipalities, special districts,
   59  and other local governmental bodies or agencies in order to more
   60  effectively and efficiently serve the interests of the greatest
   61  number of people in the widest area practicable.
   62         (7) In order to promote and stimulate development and
   63  advance the business prosperity and economic welfare of the
   64  counties and municipalities of the this state and its
   65  inhabitants; to encourage and assist new business and industry
   66  in the this state through loans, investments, or other business
   67  transactions; to rehabilitate and assist existing businesses; to
   68  stimulate and assist in the expansion of all kinds of for-profit
   69  and not-for-profit business activity; and to create maximum
   70  opportunities for employment, encouragement of thrift, and
   71  improvement of the standard of living of the citizens of
   72  Florida, it is necessary and in the public interest to
   73  facilitate the cooperation and action between organizations,
   74  public and private, in the promotion, development, and conduct
   75  of all kinds of for-profit and not-for-profit business activity
   76  in the state.
   77         (8) In order to efficiently and effectively achieve the
   78  purposes of this act, it is necessary and in the public interest
   79  to create a special development finance authority to cooperate
   80  and act in conjunction with public agencies of the this state
   81  and local governments of the this state, through interlocal
   82  agreements pursuant to the Florida Interlocal Cooperation Act of
   83  1969, in the promotion and advancement of projects related to
   84  economic development, including redevelopment of brownfield
   85  areas, throughout the state.
   86         (9) The purposes to be achieved by the special development
   87  finance authority through such projects and such financings of
   88  business and industry in compliance with the criteria and the
   89  requirements of this act are predominantly the public purposes
   90  stated in this section, and such purposes implement the
   91  governmental purposes under the State Constitution of providing
   92  for the health, safety, and welfare of the people of the state.
   93  These purposes may be facilitated through legislation fully
   94  implementing s. 10(c), Art. VII of the State Constitution to
   95  authorize local governments to issue revenue bonds for the
   96  financing or refinancing of capital projects, and through
   97  legislation authorizing new and innovative means for the
   98  investment of public trust funds pursuant to s. 10(a), Art. VII
   99  of the State Constitution.
  100         Section 2. Section 366.94, Florida Statutes, is created to
  101  read:
  102         366.94Retail sales of renewable energy.—
  103         (1)As used in this section, the term “renewable energy”
  104  has the same meaning as provided in s. 366.91.
  105         (2)Notwithstanding any other provision in this chapter, a
  106  producer of renewable energy may sell electricity directly to
  107  one or more retail consumers.
  108         (3)The commission shall adopt rules to administer this
  109  section. In adopting such rules, the commission shall establish,
  110  at a minimum:
  111         (a)Requirements related to interconnection and metering.
  112         (b)A mechanism for setting rates for any service provided
  113  to the consumer by the utility if such service is required by
  114  the consumer. These rates shall ensure that the utility’s
  115  general body of ratepayers does not subsidize the consumer in
  116  any way, including any redundant utility generating capacity
  117  necessary to serve the consumer.
  118         (c)Requirements for notice to the commission of the size
  119  and location of each renewable energy generation facility
  120  planned under this section, the identity and historical and
  121  projected load characteristics of each host consumer, and any
  122  other information deemed necessary by the commission to satisfy
  123  its obligations under s. 366.04(5).
  124         (4)Beginning January 1, 2012, and at least once every 6
  125  months thereafter, the commission shall submit a report to the
  126  Legislature of activity under this section which addresses the
  127  impacts of such activity on the electric power grid of the
  128  state, individual utility systems, and each utility’s general
  129  body of ratepayers, and includes recommendations concerning
  130  implementation of this program.
  131         Section 3. This act shall take effect upon becoming a law.