Florida Senate - 2011 (Corrected Copy) (Proposed Committee
Bill) SPB 7082
FOR CONSIDERATION By the Committee on Communications, Energy,
and Public Utilities
1 A bill to be entitled
2 An act relating to energy; amending s. 366.82, F.S.;
3 requiring all public utilities to perform a free
4 energy audit of the business structures of commercial
5 customers; providing that the audit is deemed
6 satisfied under certain conditions; amending s.
7 255.252, F.S.; requiring the Department of Management
8 Services to prioritize buildings for an energy audit
9 and retrofits and to proceed with performing those
10 audits and retrofits; amending s. 366.92, F.S.;
11 deleting obsolete provisions; providing new conditions
12 for full cost recovery for regulated electric
13 utilities for the costs of renewable energy projects;
14 providing a mechanism for providers to recover costs
15 to produce or purchase renewable energy through the
16 environmental cost-recovery clause under certain
17 conditions; requiring providers to make reports;
18 creating s. 366.95, F.S.; providing for the
19 development of a state energy resources plan by the
20 Public Service Commission; establishing requirements
21 for the plan; requiring the Public Service Commission
22 to make certain determinations; providing criteria;
23 requiring the additional renewable energy resources to
24 be obtained pursuant to the bid process; providing for
25 cost recovery for new facilities developed under the
26 plan; providing that a determination by the commission
27 constitutes a determination of need and the required
28 agency report; requiring the commission to review the
29 state energy resources plan biennially; transferring
30 all of the powers, property, unexpended balances of
31 appropriations, allocations, and administrative
32 authority of the Florida Energy and Climate Commission
33 to the Florida Energy Office by a type two transfer;
34 amending s. 377.6015, F.S.; locating the Florida
35 Energy Office within the Department of Environmental
36 Protection; specifying that the office is not subject
37 to control, supervision, or direction by the
38 Department of Environmental Protection and exempting
39 the office from certain provisions; providing for the
40 administrative structure of the Florida Energy Office;
41 providing for the powers and duties of the Florida
42 Energy Office; providing an effective date.
44 Be It Enacted by the Legislature of the State of Florida:
46 Section 1. Subsection (11) of section 366.82, Florida
47 Statutes, is amended to read:
48 366.82 Definition; goals; plans; programs; annual reports;
49 energy audits.—
50 (11)(a) The commission shall require each utility to offer,
51 or to contract to offer, energy audits to its residential
52 customers. This requirement need not be uniform, but may be
53 based on such factors as level of usage, geographic location, or
54 any other reasonable criterion, so long as all eligible
55 customers are notified. The commission may extend this
56 requirement to some or all commercial customers. The commission
57 shall set the charge for audits by rule, not to exceed the
58 actual cost, and may describe by rule the general form and
59 content of an audit. In the event one utility contracts with
60 another utility to perform audits for it, the utility for which
61 the audits are performed shall pay the contracting utility the
62 reasonable cost of performing the audits. Each utility over
63 which the commission has ratesetting authority shall estimate
64 its costs and revenues for audits, conservation programs, and
65 implementation of its plan for the immediately following 6-month
66 period. Reasonable and prudent unreimbursed costs projected to
67 be incurred, or any portion of such costs, may be added to the
68 rates which would otherwise be charged by a utility upon
69 approval by the commission, provided that the commission shall
70 not allow the recovery of the cost of any company image
71 enhancing advertising or of any advertising not directly related
72 to an approved conservation program. Following each 6-month
73 period, each utility shall report the actual results for that
74 period to the commission, and the difference, if any, between
75 actual and projected results shall be taken into account in
76 succeeding periods. The state plan as submitted for
77 consideration under the National Energy Conservation Policy Act
shall not be in conflict with any state law or regulation.
79 (b) Before December 31, 2016, each public utility shall, in
80 writing, offer to conduct a free energy audit of the business
81 structures of each commercial customer within its service
82 territory and provide the customer with a report that includes
83 options for energy savings improvements and any available
84 financial assistance for said improvements. If a customer has
85 been audited in the previous 5 years before July 1, 2011, this
86 requirement is deemed satisfied.
87 Section 2. Subsection (5) of section 255.252, Florida
88 Statutes, is amended to read:
89 255.252 Findings and intent.—
90 (5) Each state agency occupying space within buildings
91 owned or managed by the Department of Management Services must
92 identify and compile a list of projects determined to be
93 suitable for a guaranteed energy, water, and wastewater
94 performance savings contract pursuant to s. 489.145. The list of
95 projects compiled by each state agency shall be submitted to the
96 Department of Management Services by December 31, 2008, and must
97 include all criteria used to determine suitability. The list of
98 projects shall be developed from the list of state-owned
99 facilities more than 5,000 square feet in area and for which the
100 state agency is responsible for paying the expenses of utilities
101 and other operating expenses as they relate to energy use. In
102 consultation with the head of each state agency, by July 1,
103 2009, the department shall prioritize all projects deemed
104 suitable by each state agency and shall develop an energy
105 efficiency project schedule based on factors such as project
106 magnitude, efficiency and effectiveness of energy conservation
107 measures to be implemented, and other factors that may prove to
108 be advantageous to pursue. The schedule shall provide the
109 deadline for guaranteed energy, water, and wastewater
110 performance savings contract improvements to be made to the
111 state-owned buildings. Beginning on July 1, 2011, in
112 consultation with the head of each state agency, the Department
113 of Management Services shall develop a prioritized list of
114 buildings on which to have an energy audit performed. The
115 Department of Management Services shall then proceed to perform
116 the energy savings retrofits in the order of the anticipated
117 shortest payback period.
118 Section 3. Section 366.92, Florida Statutes, is amended to
120 366.92 Florida renewable energy policy.—
121 (1) It is the intent of the Legislature to promote the
122 development of renewable energy; protect the economic viability
123 of Florida’s existing renewable energy facilities; diversify the
124 types of fuel used to generate electricity in Florida; lessen
125 Florida’s dependence on natural gas and fuel oil for the
126 production of electricity; minimize the volatility of fuel
127 costs; encourage investment within the state; improve
128 environmental conditions; and, at the same time, minimize the
129 costs of power supply to electric utilities and their customers.
130 (2) As used in this section, the term:
131 (a) “Florida renewable energy resources” means renewable
132 energy, as defined in s. 377.803, that is produced in Florida.
133 (b) “Provider” means a “utility” as defined in s.
135 (c) “Renewable energy” means renewable energy as defined in
136 s. 366.91(2)(d).
137 (d) “Renewable energy credit” or “REC” means a product that
138 represents the unbundled, separable, renewable attribute of
139 renewable energy produced in Florida and is equivalent to 1
140 megawatt-hour of electricity generated by a source of renewable
141 energy located in Florida.
142 (e) “Renewable portfolio standard” or “RPS” means the
143 minimum percentage of total annual retail electricity sales by a
144 provider to consumers in Florida that shall be supplied by
145 renewable energy produced in Florida.
146 (3)(a) A provider may petition the commission through July
147 1, 2016, for recovery of costs to produce or purchase renewable
148 energy. A provider may develop renewable energy projects and
149 recover all related costs as provided herein. A provider may
150 build Florida renewable energy resources, convert existing
151 fossil fuel generation plants to a Florida renewable energy
152 resource, or purchase renewable energy. If a provider opts to
153 develop renewable energy pursuant to this subsection, at least
154 25 percent of the total nameplate capacity for which a provider
155 is permitted to recover costs in any calendar year under this
156 subsection must be produced or purchased from renewable energy
157 resources other than solar energy. In the case of a purchase of
158 non-solar renewable energy, the provider must purchase actual
159 production from nameplate capacity of that amount.
160 (b) After the completion of construction of a new renewable
161 energy project, the completion of the conversion of an existing
162 facility to renewable energy, or the completion of a purchase of
163 renewable energy, and the filing by a provider of a petition for
164 approval of cost recovery, the commission must schedule a formal
165 administrative hearing within 10 days after the date of the
166 filing of the petition and vote on the petition within 90 days
167 after the date the filing.
168 (c)1. The costs incurred by a provider in connection with
169 the construction or conversion, operation, and maintenance of a
170 renewable energy project are deemed to be prudent for purposes
171 of cost recovery so long as the provider has used reasonable and
172 customary industry practices in the design, procurement, and
173 construction of the project in a cost-effective manner that is
174 appropriate for the type of renewable energy facility and
175 appropriate to the location of the facility. A provider may
176 recover all prudently incurred costs of renewable energy under
177 the environmental cost-recovery clause provisions of s.
178 366.8255. As part of the cost-recovery proceedings, the provider
179 must report to the commission the construction costs, in-service
180 costs, operating and maintenance costs, hourly energy production
181 of the renewable energy project, and any other information
182 deemed relevant by the commission.
183 2. The commission must allow full cost recovery over the
184 entire useful life of the Florida renewable energy resource of
185 the revenue requirements using traditional declining balance
186 amortization of all reasonable and prudently incurred costs,
187 including, but not limited to, the following:
188 a. The siting, licensing, engineering, design, permitting,
189 construction, operation, and maintenance of a renewable energy
190 facility and associated transmission facilities by the provider.
191 For purposes of this paragraph, the term “cost” includes, but is
192 not limited to, all capital investments, including rate of
193 return, and any applicable taxes and all expenses, including
194 operation and maintenance expenses;
195 b. The costs associated with the purchase of capacity and
196 energy from new renewable energy resources;
197 c. The costs for conversion of an existing fossil fuel
198 generating plant to a renewable energy facility, including the
199 costs of retirement of the fossil fuel generation plant.
200 (d) The cost of producing or purchasing renewable energy in
201 any calendar year may not exceed 2 percent of the investor-owned
202 utility’s total revenue from retail sales of electricity for the
203 2010 calendar year.
204 (e) A provider must submit the proposed project to the same
205 bid process as with any other generating facility to develop a
206 renewable energy project.
207 (f) If a provider pays costs for purchased power above the
208 provider’s full avoided costs, the seller must surrender to the
209 provider all renewable attributes of the energy being purchased
210 by the provider.
211 (g) Any revenues or other economic benefit that is derived
212 from any renewable energy credit, carbon credit, or other
213 mechanism that attributes value to the production of renewable
214 energy and that is received by a provider relating to renewable
215 energy or other carbon-neutral or carbon-free means of producing
216 electricity must be shared with the provider’s ratepayers, such
217 that the ratepayers are credited with at least 90 percent of
218 such revenues or of the value of such other economic benefit.
219 (h) The Legislature finds that there is a need for the
220 renewable energy facilities to be developed pursuant to this
221 subsection and this legislative finding serves as the
222 determination of need required under s. 403.519 and as the
223 commission’s agency report required under s. 403.507(4)(a). This
224 legislative determination of need creates a presumption of
225 public need and necessity which may not be raised in any other
226 forum or in the review of proceedings in such other forum and
227 substitutes for the commission’s report required by s.
229 (i) Each provider obtaining cost recovery under this
230 subsection must, for the duration of the recovery period, file
231 an annual report with the commission containing the information
232 required in this subsection and any other information the
233 commission deems necessary. The commission must gather all such
234 reports annually and file a report with the Governor, the
235 President of the Senate, and the Speaker of the House of
236 Representatives not later than March 1 of each year. Each
237 provider report must contain the following:
238 1. A description of the project, including a description of
239 the technology used, the size of the project, and its location.
240 2. A description and the amounts of the costs of
241 construction, operation, and maintenance of the project.
242 3. A description and the total number of the jobs created
243 as a result of the project, including how long each job lasted.
244 4. A description of the impact of the project on existing
245 and planned generation and transmission facilities and on
246 ratepayers, including how much production by traditional means
247 was avoided, any planned traditional plants included in the 10
248 year site plan which were made unnecessary, any additional
249 transmission that was necessary, a description of any impact on
250 grid security and reliability, and a description of the price
251 impact on ratepayers.
252 (3) The commission shall adopt rules for a renewable
253 portfolio standard requiring each provider to supply renewable
254 energy to its customers directly, by procuring, or through
255 renewable energy credits. In developing the RPS rule, the
256 commission shall consult the Department of Environmental
257 Protection and the Florida Energy and Climate Commission. The
258 rule shall not be implemented until ratified by the Legislature.
259 The commission shall present a draft rule for legislative
260 consideration by February 1, 2009.
261 (a) In developing the rule, the commission shall evaluate
262 the current and forecasted levelized cost in cents per kilowatt
263 hour through 2020 and current and forecasted installed capacity
264 in kilowatts for each renewable energy generation method through
266 (b) The commission’s rule:
267 1. Shall include methods of managing the cost of compliance
268 with the renewable portfolio standard, whether through direct
269 supply or procurement of renewable power or through the purchase
270 of renewable energy credits. The commission shall have
271 rulemaking authority for providing annual cost recovery and
272 incentive-based adjustments to authorized rates of return on
273 common equity to providers to incentivize renewable energy.
274 Notwithstanding s. 366.91 (3) and (4), upon the ratification of
275 the rules developed pursuant to this subsection, the commission
276 may approve projects and power sales agreements with renewable
277 power producers and the sale of renewable energy credits needed
278 to comply with the renewable portfolio standard. In the event of
279 any conflict, this subparagraph shall supersede s. 366.91 (3) and
280 (4). However, nothing in this section shall alter the obligation
281 of each public utility to continuously offer a purchase contract
282 to producers of renewable energy.
283 2. Shall provide for appropriate compliance measures and
284 the conditions under which noncompliance shall be excused due to
285 a determination by the commission that the supply of renewable
286 energy or renewable energy credits was not adequate to satisfy
287 the demand for such energy or that the cost of securing
288 renewable energy or renewable energy credits was cost
290 3. May provide added weight to energy provided by wind and
291 solar photovoltaic over other forms of renewable energy, whether
292 directly supplied or procured or indirectly obtained through the
293 purchase of renewable energy credits.
294 4. Shall determine an appropriate period of time for which
295 renewable energy credits may be used for purposes of compliance
296 with the renewable portfolio standard.
297 5. Shall provide for monitoring of compliance with and
298 enforcement of the requirements of this section.
299 6. Shall ensure that energy credited toward compliance with
300 the requirements of this section is not credited toward any
301 other purpose.
302 7. Shall include procedures to track and account for
303 renewable energy credits, including ownership of renewable
304 energy credits that are derived from a customer-owned renewable
305 energy facility as a result of any action by a customer of an
306 electric power supplier that is independent of a program
307 sponsored by the electric power supplier.
308 8. Shall provide for the conditions and options for the
309 repeal or alteration of the rule in the event that new
310 provisions of federal law supplant or conflict with the rule.
311 (c) Beginning on April 1 of the year following final
312 adoption of the commission’s renewable portfolio standard rule,
313 each provider shall submit a report to the commission describing
314 the steps that have been taken in the previous year and the
315 steps that will be taken in the future to add renewable energy
316 to the provider’s energy supply portfolio. The report shall
317 state whether the provider was in compliance with the renewable
318 portfolio standard during the previous year and how it will
319 comply with the renewable portfolio standard in the upcoming
321 (4) In order to demonstrate the feasibility and viability
322 of clean energy systems, the commission shall provide for full
323 cost recovery under the environmental cost-recovery clause of
324 all reasonable and prudent costs incurred by a provider for
325 renewable energy projects that are zero greenhouse gas emitting
326 at the point of generation, up to a total of 110 megawatts
327 statewide, and for which the provider has secured necessary
328 land, zoning permits, and transmission rights within the state.
329 Such costs shall be deemed reasonable and prudent for purposes
330 of cost recovery so long as the provider has used reasonable and
331 customary industry practices in the design, procurement, and
332 construction of the project in a cost-effective manner
333 appropriate to the location of the facility. The provider shall
334 report to the commission as part of the cost-recovery
335 proceedings the construction costs, in-service costs, operating
336 and maintenance costs, hourly energy production of the renewable
337 energy project, and any other information deemed relevant by the
338 commission. Any provider constructing a clean energy facility
339 pursuant to this section shall file for cost recovery no later
340 than July 1, 2009.
341 (4) (5) Each municipal electric utility and rural electric
342 cooperative shall develop standards for the promotion,
343 encouragement, and expansion of the use of renewable energy
344 resources and energy conservation and efficiency measures. On or
345 before April 1, 2009, and annually thereafter, each municipal
346 electric utility and electric cooperative shall submit to the
347 commission a report that identifies such standards.
348 (5) (6) Nothing in this section shall be construed to impede
349 or impair terms and conditions of existing contracts or to
350 require renegotiation or repricing of existing contracts.
351 (6) (7) The commission may adopt rules to administer and
352 implement the provisions of this section.
353 Section 4. Section 366.95, Florida Statutes, is created to
355 366.95 State energy resources plan.—
356 (1) The Legislature finds that increased use of renewable
357 energy in this state would have the following benefits:
358 (a) Renewable energy can help with issues relating to fuel
359 used to generate electricity;
360 (b) Renewable energy can help reduce carbon emissions; and
361 (c) Renewable energy can produce jobs.
362 (2) The state currently has very little renewable energy in
363 production, with renewable energy constituting approximately 2
364 percent of all electricity sold at retail. Quickly increasing
365 the use of renewable energy would be costly to ratepayers. Each
366 of the regulated utilities is different in customer base,
367 generation fleet, and transmission and distribution requirements
368 and would be affected differently by a renewable energy
369 requirement, making a mandate inappropriate. In lieu of a
370 mandate, the commission shall develop a state energy resources
371 plan as an expansion of its duties relating to the 10-year site
372 plan requirements of s. 186.801. As a part of this planning
373 process, the commission shall look beyond the 10-year period to
374 a 20-year period.
375 (3) The Public Service Commission shall develop a plan
377 (a) Forecasts:
378 1. The demand for electricity;
379 2. The energy supply requirements needed to satisfy this
380 projected demand, including the amount of capacity needed to
381 provide adequate reserve margins and capacity needed to ensure
383 3. The ability of the existing energy supply sources and
384 the existing transmission systems to satisfy the state’s energy
385 needs together with those sources or systems reasonably certain
386 to be available, including planned additions, retirements,
387 substantial planned outages, and any other expected changes in
388 levels of generating and production capacity; and
389 4. The additional electric capacity or transmission systems
390 needed to meet such energy supply requirements that will not be
391 met by existing sources of supply and those reasonably certain
392 to be available, where such analysis should identify system
393 constraints and possible alternatives available, both supply
394 side and demand-side alternatives, including, but not limited
395 to, distributed generation, energy efficiency, and conservation
396 measures, to redress such constraint.
397 (b) Identifies and assesses the costs, risks, benefits, and
398 uncertainties of energy supply source alternatives, including
399 demand-reducing measures, renewable energy resources,
400 distributed generation technologies, cogeneration technologies,
401 and other methods and technologies reasonably available for
402 satisfying energy supply requirements.
403 (c) Identifies and analyzes emerging trends related to
404 energy supply, price, and demand.
405 (d) Identifies potential future sites for biomass power
406 plants and solar power plants.
407 (e) Identifies potential future sites for transmission and
408 distribution lines.
409 (f) Determines optimal percentages of fuels and
410 technologies, both traditional and renewable, in the electric
411 generation fleet for the next 20-year period.
412 (g) Determines the process and timeline for incorporating
413 renewable energy resources into the generation fleet, and
414 addresses redundancy of plants, both necessary and unnecessary,
415 and the retirement of unnecessary existing plants.
416 (h) Determines if any changes should be made to capacity,
417 including any additions or retirements, and if any additional
418 transmission or distribution lines are necessary.
419 (4) The commission shall consider the following in making a
420 determination whether a renewable energy resource should be
421 added to the generation and production fleet:
422 (a) The societal benefits of renewable energy;
423 (b) The necessity of maintaining an adequate and reliable
424 source for energy and capacity needs;
425 (c) The necessity of maintaining an adequate and reliable
426 transmission and distribution grid;
427 (d) The necessity to maintain fuel mix and diversity and
428 source reliability and to minimize price fluctuations; and
429 (e) The necessity of minimizing overall price impacts to
431 (5)(a) A public utility may obtain additional renewable
432 energy resources pursuant to this section if the commission
433 determines that renewable energy resources should be added to
434 the generation and production fleet by building a renewable
435 energy facility, converting an existing fossil fuel facility to
436 renewable energy, or purchasing renewable energy. All projects
437 are subject to the same bid process as with any other generating
438 facility. The provider must submit a bid if it seeks to self
439 build the project.
440 (b) The utility may recovery all reasonable and prudently
441 incurred costs for building a renewable energy facility,
442 converting an existing fossil fuel facility to renewable energy,
443 or purchasing renewable energy in base rates. All determinations
444 of prudency of costs shall be made, giving consideration to the
445 provisions and goals of this section and of the state energy
446 resources plan.
447 (c) All revenues from renewable energy credits or carbon
448 credits shall be shared with ratepayers in a manner such that
449 ratepayers receive a minimum of 90 percent of the revenue.
450 (6) A determination by the commission that renewable energy
451 resources should be added to the generation and production fleet
452 constitutes a determination of need for those resources and is
453 the determination of need required under s. 403.519 and the
454 commission’s agency report required under s. 403.507(4)(a).
455 (7) The Florida Energy Office may be a party to all
456 proceedings under this section, and the Department of
457 Agriculture and Consumer Services may be a party in any
458 proceeding relating to biomass plants on issues relating to
459 proper siting for proximity to foodstocks, forestry management,
460 or related matters.
461 (8) The commission shall review the state energy resources
462 plan biennially.
463 Section 5. All of the powers, duties, functions, records,
464 personnel, and property; unexpended balances of appropriations,
465 allocations, and other funds; administrative authority;
466 administrative rules; pending issues; and existing contracts of
467 the Florida Energy and Climate Commission are transferred by a
468 type two transfer, pursuant to s. 20.06(2), Florida Statutes, to
469 the Florida Energy Office.
470 Section 6. Section 377.6015, Florida Statutes, is amended
471 to read:
472 377.6015 Florida Energy Office and Climate Commission.—
473 (1) There is created within the Department of Environmental
474 Protection the Florida Energy Office. The office is a separate
475 budget entity and is exempt from the provisions of s. 20.052.
476 The office is not subject to control, supervision, or direction
477 by the Department of Environmental Protection in any manner,
478 including purchasing, transactions involving real or personal
479 property, personnel, or budgetary matters.
480 (2) The office shall be headed by a director, who is the
481 agency head for purposes of final agency action under chapter
482 120 for all areas within the authority delegated to the
483 director’s office. The director shall be appointed by the
484 Governor and shall be subject to confirmation by the Senate.
485 (3) The office shall have a sufficient number of
486 professional and administrative personnel to carry out its
488 (1) The Florida Energy and Climate Commission is created
489 within the Executive Office of the Governor. The commission
490 shall be comprised of nine members appointed by the Governor,
491 the Commissioner of Agriculture, and the Chief Financial
493 (a) The Governor shall appoint one member from three
494 persons nominated by the Florida Public Service Commission
495 Nominating Council, created in s. 350.031 , to each of seven
496 seats on the commission. The Commissioner of Agriculture shall
497 appoint one member from three persons nominated by the council
498 to one seat on the commission. The Chief Financial Officer shall
499 appoint one member from three persons nominated by the council
500 to one seat on the commission.
501 1. The council shall submit the recommendations to the
502 Governor, the Commissioner of Agriculture, and the Chief
503 Financial Officer by September 1 of those years in which the
504 terms are to begin the following October or within 60 days after
505 a vacancy occurs for any reason other than the expiration of the
506 term. The Governor, the Commissioner of Agriculture, and the
507 Chief Financial Officer may proffer names of persons to be
508 considered for nomination by the council.
509 2. The Governor, the Commissioner of Agriculture, and the
510 Chief Financial Officer shall fill a vacancy occurring on the
511 commission by appointment of one of the applicants nominated by
512 the council only after a background investigation of such
513 applicant has been conducted by the Department of Law
515 3. Members shall be appointed to 3-year terms; however, in
516 order to establish staggered terms, for the initial
517 appointments, the Governor shall appoint four members to 3-year
518 terms, two members to 2-year terms, and one member to a 1-year
519 term, and the Commissioner of Agriculture and the Chief
520 Financial Officer shall each appoint one member to a 3-year term
521 and shall appoint a successor when that appointee’s term expires
522 in the same manner as the original appointment.
523 4. The Governor shall select from the membership of the
524 commission one person to serve as chair.
525 5. A vacancy on the commission shall be filled for the
526 unexpired portion of the term in the same manner as the original
528 6. If the Governor, the Commissioner of Agriculture, or the
529 Chief Financial Officer has not made an appointment within 30
530 consecutive calendar days after the receipt of the
531 recommendations, the council shall initiate, in accordance with
532 this section, the nominating process within 30 days.
533 7. Each appointment to the commission shall be subject to
534 confirmation by the Senate during the next regular session after
535 the vacancy occurs. If the Senate refuses to confirm or fails to
536 consider the appointment of the Governor, the Commissioner of
537 Agriculture, or the Chief Financial Officer, the council shall
538 initiate, in accordance with this section, the nominating
539 process within 30 days.
540 8. The Governor or the Governor’s successor may recall an
542 9. Notwithstanding subparagraph 7. and for the initial
543 appointments to the commission only, each initial appointment to
544 the commission is subject to confirmation by the Senate by the
545 2010 Regular Session. If the Senate refuses to confirm or fails
546 to consider an appointment made by the Governor, the
547 Commissioner of Agriculture, or the Chief Financial Officer, the
548 council shall initiate, in accordance with this section, the
549 nominating process within 30 days after the Senate’s refusal to
550 confirm or failure to consider such appointment. This
551 subparagraph expires July 1, 2010.
552 (b) Members must meet the following qualifications and
554 1. A member must be an expert in one or more of the
555 following fields: energy, natural resource conservation,
556 economics, engineering, finance, law, transportation and land
557 use, consumer protection, state energy policy, or another field
558 substantially related to the duties and functions of the
559 commission. The commission shall fairly represent the fields
560 specified in this subparagraph.
561 2. Each member shall, at the time of appointment and at
562 each commission meeting during his or her term of office,
564 a. Whether he or she has any financial interest, other than
565 ownership of shares in a mutual fund, in any business entity
566 that, directly or indirectly, owns or controls, or is an
567 affiliate or subsidiary of, any business entity that may be
568 affected by the policy recommendations developed by the
570 b. Whether he or she is employed by or is engaged in any
571 business activity with any business entity that, directly or
572 indirectly, owns or controls, or is an affiliate or subsidiary
573 of, any business entity that may be affected by the policy
574 recommendations developed by the commission.
575 (c) The chair may designate the following ex officio,
576 nonvoting members to provide information and advice to the
577 commission at the request of the chair:
578 1. The chair of the Florida Public Service Commission, or
579 his or her designee.
580 2. The Public Counsel, or his or her designee.
581 3. A representative of the Department of Agriculture and
582 Consumer Services.
583 4. A representative of the Department of Financial
585 5. A representative of the Department of Environmental
587 6. A representative of the Department of Community Affairs.
588 7. A representative of the Board of Governors of the State
589 University System.
590 8. A representative of the Department of Transportation.
591 (2) Members shall serve without compensation but are
592 entitled to reimbursement for per diem and travel expenses as
593 provided in s. 112.061 .
594 (3) Meetings of the commission may be held in various
595 locations around the state and at the call of the chair;
596 however, the commission must meet at least six times each year.
597 (4) The office commission may:
598 (a) Employ staff and counsel as needed in the performance
599 of its duties.
600 (b) Prosecute and defend legal actions in its own name.
601 (c) Form advisory groups consisting of members of the
602 public to provide information on specific issues.
603 (5) The office commission shall:
604 (a) Act as the principal economic development organization
605 for the state on matters relating to renewable, alternative, or
606 clean energy.
607 1. The office shall market the state as a probusiness
608 location for potential new energy-related investment in order to
609 create new energy-related businesses and to retain and expand
610 existing energy-related businesses. In doing so, the office
611 shall work with Enterprise Florida, Inc., Space Florida, and all
612 other governmental entities at all levels, and with all relevant
613 private sector entities as necessary to facilitate the location
614 of a business in this state by assisting those businesses in
615 such matters as obtaining permits or licenses, determining
616 appropriate tax laws and rules, and obtaining financing,
617 incentives, grants, and other funding.
618 2. The office shall work with the Florida Energy Systems
619 Consortium to coordinate and promote Florida research on energy
620 and to recruit energy researchers to Florida. As part of this
621 role, the office shall serve as the clearinghouse for research
622 information from universities and private sector entities that
623 receive funding or other assistance from the state relating to
624 their research projects.
625 (b) (a) Administer the Florida Renewable Energy and Energy
626 Efficient Technologies Grants Program pursuant to s. 377.804 to
627 assure a robust grant portfolio.
628 (c) (b) Develop policy for requiring grantees to provide
629 royalty-sharing or licensing agreements with state government
630 for commercialized products developed under a state grant.
631 (d) (c) Administer the Florida Green Government Grants Act
632 pursuant to s. 377.808 and set annual priorities for grants.
633 (e) (d) Administer the information gathering and reporting
634 functions pursuant to ss. 377.601-377.608.
635 (e) Administer petroleum planning and emergency contingency
636 planning pursuant to ss. 377.701 , 377.703 , and 377.704 .
637 (f) Represent Florida in the Southern States Energy Compact
638 pursuant to ss. 377.71-377.712.
639 (g) Complete the annual assessment of the efficacy of
640 Florida’s Energy and Climate Change Action Plan, upon completion
641 by the Governor’s Action Team on Energy and Climate Change
642 pursuant to the Governor’s Executive Order 2007-128, and provide
643 specific recommendations to the Governor and the Legislature
644 each year to improve results.
645 (g) (h) Administer the provisions of the Florida Energy and
646 Climate Protection Act pursuant to ss. 377.801-377.806.
647 (h) (i) Advocate for energy and climate change issues and
648 provide educational outreach and technical assistance in
649 cooperation with the state’s academic institutions.
650 (j) Be a party in the proceedings to adopt goals and submit
651 comments to the Public Service Commission pursuant to s. 366.82 .
652 (i) (k) Adopt rules pursuant to chapter 120 in order to
653 implement all powers and duties described in this section.
654 Section 7. This act shall take effect July 1, 2011.