Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 2094
                                Barcode 476382                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2012           .                                

       The Committee on Communications, Energy, and Public Utilities
       (Altman) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 77 - 120
    4  and insert:
    5         Section 1. Subsection (1) of section 170.01, Florida
    6  Statutes, is amended to read:
    7         170.01 Authority for providing improvements and levying and
    8  collecting special assessments against property benefited.—
    9         (1) Any municipality of this state may, by its governing
   10  authority:
   11         (a) Provide for the construction, reconstruction, repair,
   12  paving, repaving, hard surfacing, rehard surfacing, widening,
   13  guttering, and draining of streets, boulevards, and alleys; for
   14  grading, regrading, leveling, laying, relaying, paving,
   15  repaving, hard surfacing, and rehard surfacing of sidewalks; for
   16  constructing or reconstructing permanent pedestrian canopies
   17  over public sidewalks; and in connection with any of the
   18  foregoing, provide related lighting, landscaping, street
   19  furniture, signage, and other amenities as determined by the
   20  governing authority of the municipality;
   21         (b) Order the construction, reconstruction, repair,
   22  renovation, excavation, grading, stabilization, and upgrading of
   23  greenbelts, swales, culverts, sanitary sewers, storm sewers,
   24  outfalls, canals, primary, secondary, and tertiary drains, water
   25  bodies, marshlands, and natural areas, all or part of a
   26  comprehensive stormwater management system, including the
   27  necessary appurtenances and structures thereto and including,
   28  but not limited to, dams, weirs, and pumps;
   29         (c) Order the construction or reconstruction of water
   30  mains, water laterals, alternative water supply systems,
   31  including, but not limited to, reclaimed water, aquifer storage
   32  and recovery, and desalination systems, and other water
   33  distribution facilities, including the necessary appurtenances
   34  thereto;
   35         (d) Pay for the relocation of utilities, including the
   36  placement underground of electrical, telephone, and cable
   37  television services, pursuant to voluntary agreement with the
   38  utility, but nothing contained in this paragraph shall affect a
   39  utility’s right to locate or relocate its facilities on its own
   40  initiative at its own expense;
   41         (e) Provide for the construction or reconstruction of parks
   42  and other public recreational facilities and improvements,
   43  including appurtenances thereto;
   44         (f) Provide for the construction or reconstruction of
   45  seawalls;
   46         (g) Provide for the drainage and reclamation of wet, low,
   47  or overflowed lands;
   48         (h) Provide for offstreet parking facilities, parking
   49  garages, or similar facilities;
   50         (i) Provide for mass transportation systems;
   51         (j) Provide for improvements to permit the passage and
   52  navigation of watercraft; and
   53         (k) Pay the additional costs of renewable energy, as
   54  defined in s. 366.91, which are in excess of a public utility’s
   55  full avoided costs, as defined in s. 366.051, pursuant to an
   56  agreement with the public utility; and
   57         (l)(k) Provide for the payment of all or any part of the
   58  costs of any such improvements by levying and collecting special
   59  assessments on the abutting, adjoining, contiguous, or other
   60  specially benefited property.
   62  However, offstreet parking facilities, parking garages, or other
   63  similar facilities and mass transportation systems must be
   64  approved by vote of a majority of the affected property owners.
   65  Any municipality that which is legally obligated for providing
   66  capital improvements for water, alternative water supplies,
   67  including, but not limited to, reclaimed water, water from
   68  aquifer storage and recovery, and desalination systems, or sewer
   69  facilities within an unincorporated area of the county may
   70  recover the costs of the capital improvements by levying and
   71  collecting special assessments for the purposes authorized in
   72  this section on the specially benefited property; however,
   73  collections of the special assessment may shall not take place
   74  until the specially benefited property connects to the capital
   75  improvement.
   76         Section 2. Subsection (2) of section 186.801, Florida
   77  Statutes, is amended to read:
   78         186.801 Ten-year site plans.—
   79         (2) Within 9 months after the receipt of the proposed plan,
   80  the commission shall make a preliminary study of such plan and
   81  classify it as “suitable” or “unsuitable.” The commission may
   82  suggest alternatives to the plan. All findings of the commission
   83  shall be made available to the Department of Environmental
   84  Protection for its consideration at any subsequent electrical
   85  power plant site certification proceedings. It is recognized
   86  that 10-year site plans submitted by an electric utility are
   87  tentative information for planning purposes only and may be
   88  amended at any time at the discretion of the utility upon
   89  written notification to the commission. A complete application
   90  for certification of an electrical power plant site under
   91  chapter 403, when such site is not designated in the current 10
   92  year site plan of the applicant, shall constitute an amendment
   93  to the 10-year site plan. In its preliminary study of each 10
   94  year site plan, the commission shall consider such plan as a
   95  planning document and shall review:
   96         (a) The need, including the need as determined by the
   97  commission, for electrical power in the area to be served.
   98         (b) The effect on fuel diversity within the state.
   99         (c) The anticipated environmental impact of each proposed
  100  electrical power plant site.
  101         (d) Possible alternatives to the proposed plan.
  102         (e) The views of appropriate local, state, and federal
  103  agencies, including the views of the appropriate water
  104  management district as to the availability of water and its
  105  recommendation as to the use by the proposed plant of salt water
  106  or fresh water for cooling purposes.
  107         (f) The extent to which the plan is consistent with the
  108  state comprehensive plan.
  109         (g) The plan with respect to the information of the state
  110  on energy availability and consumption.
  111         (h) The amount of renewable energy resources the provider
  112  produces or purchases.
  113         (i) The amount of renewable energy resources the provider
  114  plans to produce or purchase over the 10-year planning horizon
  115  and the means by which the production or purchases will be
  116  achieved.
  117         (j) A statement describing how the production and purchase
  118  of renewable energy resources impact the provider’s present and
  119  future capacity and energy needs.
  120         Section 3. Paragraph (d) of subsection (2) of section
  121  212.055, Florida Statutes, is amended to read:
  122         212.055 Discretionary sales surtaxes; legislative intent;
  123  authorization and use of proceeds.—It is the legislative intent
  124  that any authorization for imposition of a discretionary sales
  125  surtax shall be published in the Florida Statutes as a
  126  subsection of this section, irrespective of the duration of the
  127  levy. Each enactment shall specify the types of counties
  128  authorized to levy; the rate or rates which may be imposed; the
  129  maximum length of time the surtax may be imposed, if any; the
  130  procedure which must be followed to secure voter approval, if
  131  required; the purpose for which the proceeds may be expended;
  132  and such other requirements as the Legislature may provide.
  133  Taxable transactions and administrative procedures shall be as
  134  provided in s. 212.054.
  136         (d) The proceeds of the surtax authorized by this
  137  subsection and any accrued interest shall be expended by the
  138  school district, within the county and municipalities within the
  139  county, or, in the case of a negotiated joint county agreement,
  140  within another county, to finance, plan, and construct
  141  infrastructure; to acquire land for public recreation,
  142  conservation, or protection of natural resources; to provide
  143  financial assistance to owners of residential property who make
  144  energy efficiency improvements to, or purchase and install
  145  renewable energy devices in, the residential property; or to
  146  finance the closure of county-owned or municipally owned solid
  147  waste landfills that have been closed or are required to be
  148  closed by order of the Department of Environmental Protection.
  149  Any use of the proceeds or interest for purposes of landfill
  150  closure before July 1, 1993, is ratified. The proceeds and any
  151  interest may not be used for the operational expenses of
  152  infrastructure, except that a county that has a population of
  153  fewer than 75,000 and that is required to close a landfill may
  154  use the proceeds or interest for long-term maintenance costs
  155  associated with landfill closure. Counties, as defined in s.
  156  125.011, and charter counties may, in addition, use the proceeds
  157  or interest to retire or service indebtedness incurred for bonds
  158  issued before July 1, 1987, for infrastructure purposes, and for
  159  bonds subsequently issued to refund such bonds. Any use of the
  160  proceeds or interest for purposes of retiring or servicing
  161  indebtedness incurred for refunding bonds before July 1, 1999,
  162  is ratified.
  163         1. For the purposes of this paragraph, the term
  164  “infrastructure” means:
  165         a. Any fixed capital expenditure or fixed capital outlay
  166  associated with the construction, reconstruction, or improvement
  167  of public facilities that have a life expectancy of 5 or more
  168  years and any related land acquisition, land improvement,
  169  design, and engineering costs.
  170         b. A fire department vehicle, an emergency medical service
  171  vehicle, a sheriff’s office vehicle, a police department
  172  vehicle, or any other vehicle, and the equipment necessary to
  173  outfit the vehicle for its official use or equipment that has a
  174  life expectancy of at least 5 years.
  175         c. Any expenditure for the construction, lease, or
  176  maintenance of, or provision of utilities or security for,
  177  facilities, as defined in s. 29.008.
  178         d. Any fixed capital expenditure or fixed capital outlay
  179  associated with the improvement of private facilities that have
  180  a life expectancy of 5 or more years and that the owner agrees
  181  to make available for use on a temporary basis as needed by a
  182  local government as a public emergency shelter or a staging area
  183  for emergency response equipment during an emergency officially
  184  declared by the state or by the local government under s.
  185  252.38. Such improvements are limited to those necessary to
  186  comply with current standards for public emergency evacuation
  187  shelters. The owner must enter into a written contract with the
  188  local government providing the improvement funding to make the
  189  private facility available to the public for purposes of
  190  emergency shelter at no cost to the local government for a
  191  minimum of 10 years after completion of the improvement, with
  192  the provision that the obligation will transfer to any
  193  subsequent owner until the end of the minimum period.
  194         e. Any land acquisition expenditure for a residential
  195  housing project in which at least 30 percent of the units are
  196  affordable to individuals or families whose total annual
  197  household income does not exceed 120 percent of the area median
  198  income adjusted for household size, if the land is owned by a
  199  local government or by a special district that enters into a
  200  written agreement with the local government to provide such
  201  housing. The local government or special district may enter into
  202  a ground lease with a public or private person or entity for
  203  nominal or other consideration for the construction of the
  204  residential housing project on land acquired pursuant to this
  205  sub-subparagraph.
  206         2. For the purposes of this paragraph, the term “renewable
  207  energy devices” means any of the following equipment that, when
  208  installed in connection with a dwelling unit or other structure,
  209  collects, transmits, stores, or uses solar energy, wind energy,
  210  or energy derived from geothermal deposits:
  211         a. Solar energy collectors.
  212         b. Storage tanks and other storage systems, excluding
  213  swimming pools used as storage tanks.
  214         c. Rockbeds.
  215         d. Thermostats and other control devices.
  216         e. Heat exchange devices.
  217         f. Pumps and fans.
  218         g. Roof ponds.
  219         h. Freestanding thermal containers.
  220         i. Pipes, ducts, refrigerant handling systems, and other
  221  equipment used to interconnect such systems, excluding
  222  conventional backup systems of any type.
  223         j. Windmills.
  224         k. Wind-driven generators.
  225         l. Power conditioning and storage devices that use wind
  226  energy to generate electricity or mechanical forms of energy.
  227         m. Pipes and other equipment used to transmit hot
  228  geothermal water to a dwelling or structure from a geothermal
  229  deposit.
  230         3. For the purposes of this paragraph, the term “energy
  231  efficiency improvement” means any energy conservation and
  232  efficiency improvement that reduces consumption through
  233  conservation or a more efficient use of electricity, natural
  234  gas, propane, or other forms of energy on the property,
  235  including, but not limited to, air sealing; installation of
  236  insulation; installation of energy-efficient heating, cooling,
  237  or ventilation systems; building modifications to increase the
  238  use of daylight; replacement of windows; installation of energy
  239  controls or energy recovery systems; installation of electric
  240  vehicle charging equipment; and installation of efficient
  241  lighting equipment.
  242         4.2. Notwithstanding any other provision of this
  243  subsection, a local government infrastructure surtax imposed or
  244  extended after July 1, 1998, may allocate up to 15 percent of
  245  the surtax proceeds for deposit in a trust fund within the
  246  county’s accounts created for the purpose of funding economic
  247  development projects having a general public purpose of
  248  improving local economies, including the funding of operational
  249  costs and incentives related to economic development. The ballot
  250  statement must indicate the intention to make an allocation
  251  under the authority of this subparagraph.
  253  ================= T I T L E  A M E N D M E N T ================
  254         And the title is amended as follows:
  255         Delete lines 2 - 5
  256  and insert:
  257         An act relating to energy; amending s. 170.01, F.S.;
  258         authorizing a municipality to collect special
  259         assessments to pay the additional costs to purchase
  260         renewable energy for the municipality; amending s.
  261         186.801, F.S.; adding factors for the Public Service
  262         Commission to consider in reviewing the 10-year site
  263         plans submitted to the commission by electric
  264         utilities; amending s. 212.055, F.S.; providing for a
  265         portion of the proceeds of the local government
  266         infrastructure surtax to be used for financial
  267         assistance to homeowners who make energy efficiency
  268         improvements or install renewable energy devices;
  269         defining the terms “renewable energy devices” and
  270         “energy efficiency improvement”; amending s.