Florida Senate - 2014                                    SB 1044
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-01011-14                                           20141044__
    1                        A bill to be entitled                      
    2         An act relating to energy policies; amending s.
    3         377.703, F.S.; requiring the Department of
    4         Agricultural and Consumer Services to include in its
    5         annual report recommendations for energy efficiency;
    6         expanding the promotion of the development and use of
    7         renewable energy resources from goals related to solar
    8         energy to renewable energy in general; requiring the
    9         department to cooperate with the Florida Energy
   10         Systems Consortium in the development and use of
   11         renewable energy resources; amending s. 377.705, F.S.;
   12         providing that the Solar Energy Center may, rather
   13         than must, develop standards for solar energy systems
   14         manufactured or sold in this state; providing that the
   15         center may, rather than must, establish criteria for
   16         testing the performance of solar energy systems;
   17         providing that the center may, rather than must,
   18         receive a fee for testing the performance of solar
   19         energy systems; removing the requirement that all
   20         solar energy systems manufactured or sold in this
   21         state must meet the standards established by the Solar
   22         Energy Center; amending s. 377.712, F.S.; adding a
   23         member to the Southern States Energy Board to be
   24         appointed by the Commissioner of Agriculture;
   25         authorizing the department to approve proposed
   26         activities relating to furtherance of the Southern
   27         States Energy Compact; amending s. 377.801, F.S.;
   28         conforming a cross-reference; amending s. 377.802,
   29         F.S.; amending the purpose of the Florida Energy and
   30         Climate Protection Act; amending s. 377.803, F.S.;
   31         conforming provisions to changes made by the act;
   32         creating s. 377.815, F.S.; authorizing the department
   33         to post on its website information relating to
   34         alternative fueling stations or electric vehicle
   35         charging stations; defining the term “alternative
   36         fuel”; authorizing the owner or operator of an
   37         alternative fueling station or an electric vehicle
   38         charging station to report certain information;
   39         amending s. 553.74, F.S.; adding a member to the
   40         Florida Building Commission as a representative of the
   41         Department of Agriculture and Consumer Services’
   42         Office of Energy; deleting obsolete provisions;
   43         repealing ss. 377.806 and 377.807, F.S., relating to
   44         the Solar Energy System Incentives Program and the
   45         Energy-Efficient Appliance Rebate Program,
   46         respectively; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraphs (f), (h), and (i) of subsection (2)
   51  of section 377.703, Florida Statutes, are amended to read:
   52         377.703 Additional functions of the Department of
   53  Agriculture and Consumer Services.—
   54         (2) DUTIES.—The department shall perform the following
   55  functions, unless as otherwise provided, consistent with the
   56  development of a state energy policy:
   57         (f) The department shall submit an annual report to the
   58  Governor and the Legislature reflecting its activities and
   59  making recommendations for of policies for improvement of the
   60  state’s response to energy supply and demand and its effect on
   61  the health, safety, and welfare of the residents of this state
   62  people of Florida. The report must shall include a report from
   63  the Florida Public Service Commission on electricity and natural
   64  gas and information on energy conservation programs conducted
   65  and underway in the past year and shall include recommendations
   66  for energy efficiency and conservation programs for the state,
   67  including the, but not limited to, the following factors:
   68         1. Formulation of specific recommendations for improvement
   69  in the efficiency of energy utilization in governmental,
   70  residential, commercial, industrial, and transportation sectors.
   71         2. Collection and dissemination of information relating to
   72  energy efficiency and conservation.
   73         3. Development and conduct of educational and training
   74  programs relating to energy efficiency and conservation.
   75         4. An analysis of the ways in which state agencies are
   76  seeking to implement s. 377.601(2), the state energy policy, and
   77  recommendations for better fulfilling this policy.
   78         (h) The department shall promote the development and use of
   79  renewable energy resources, in conformance with chapter 187 and
   80  s. 377.601, by:
   81         1. Establishing goals and strategies for increasing the use
   82  of renewable solar energy in this state.
   83         2. Aiding and promoting the commercialization of renewable
   84  energy resources solar energy technology, in cooperation with
   85  the Florida Energy Systems Consortium, the Florida Solar Energy
   86  Center, Enterprise Florida, Inc., and any other federal, state,
   87  or local governmental agency that which may seek to promote
   88  research, development, and the demonstration of renewable solar
   89  energy equipment and technology.
   90         3. Identifying barriers to greater use of renewable energy
   91  resources solar energy systems in this state, and developing
   92  specific recommendations for overcoming identified barriers,
   93  with findings and recommendations to be submitted annually in
   94  the report to the Governor and Legislature required under
   95  paragraph (f).
   96         4. In cooperation with the Department of Environmental
   97  Protection, the Department of Transportation, the Department of
   98  Economic Opportunity, Enterprise Florida, Inc., the Florida
   99  Energy Systems Consortium, the Florida Solar Energy Center, and
  100  the Florida Solar Energy Industries Association, investigating
  101  opportunities, pursuant to the national Energy Policy Act of
  102  1992, the Housing and Community Development Act of 1992, and any
  103  subsequent federal legislation, for renewable energy resources,
  104  solar electric vehicles, and other renewable solar energy
  105  manufacturing, distribution, installation, and financing efforts
  106  that which will enhance this state’s position as the leader in
  107  renewable solar energy research, development, and use.
  108         5. Undertaking other initiatives to advance the development
  109  and use of renewable energy resources in this state.
  110  
  111  In the exercise of its responsibilities under this paragraph,
  112  the department shall seek the assistance of the renewable solar
  113  energy industry in this state and other interested parties and
  114  may is authorized to enter into contracts, retain professional
  115  consulting services, and expend funds appropriated by the
  116  Legislature for such purposes.
  117         (i) The department shall promote energy efficiency and
  118  conservation in all energy use sectors throughout the state and
  119  be shall constitute the state agency primarily responsible for
  120  this function. The Department of Management Services, in
  121  consultation with the department, shall coordinate the energy
  122  conservation programs of all state agencies and review and
  123  comment on the energy conservation programs of all state
  124  agencies.
  125         Section 2. Subsection (4) of section 377.705, Florida
  126  Statutes, is amended to read:
  127         377.705 Solar Energy Center; development of solar energy
  128  standards.—
  129         (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
  130  DISCLOSURE, SET TESTING FEES.—
  131         (a) The center may shall develop and adopt promulgate
  132  standards for solar energy systems manufactured or sold in this
  133  state based on the best currently available information and
  134  shall consult with scientists, engineers, or persons in research
  135  centers who are engaged in the construction of, experimentation
  136  with, and research of solar energy systems to properly identify
  137  the most reliable designs and types of solar energy systems.
  138         (b) The center may shall establish criteria for testing the
  139  performance of solar energy systems and shall maintain the
  140  necessary capability for testing or evaluating the performance
  141  of solar energy systems. The center may accept results of tests
  142  on solar energy systems made by other organizations, companies,
  143  or persons if when such tests are conducted according to the
  144  criteria established by the center and when the testing entity
  145  has no vested interest in the manufacture, distribution, or sale
  146  of solar energy systems.
  147         (c) The center may shall be entitled to receive a testing
  148  fee sufficient to cover the costs of such testing. All testing
  149  fees shall be transmitted by the center to the Chief Financial
  150  Officer to be deposited in the Solar Energy Center Testing Trust
  151  Fund, which is hereby created in the State Treasury, and
  152  disbursed for the payment of expenses incurred in testing solar
  153  energy systems.
  154         (d) All solar energy systems manufactured or sold in the
  155  state must meet the standards established by the center and
  156  shall display accepted results of approved performance tests in
  157  a manner prescribed by the center.
  158         Section 3. Section 377.712, Florida Statutes, is amended to
  159  read:
  160         377.712 Florida participation.—
  161         (1)(a) The Governor shall appoint one member of the
  162  Southern States Energy Board. The member or the Governor may
  163  designate another person as the deputy or assistant to such
  164  member.
  165         (b) The Commissioner of Agriculture shall appoint one
  166  member of the Southern States Energy Board. The member or the
  167  commissioner may designate another person as the assistant or
  168  deputy to such member.
  169         (c)(b) The President of the Senate shall appoint one member
  170  of the Southern States Energy Board. The member or the president
  171  may designate another person as the assistant or deputy to such
  172  member.
  173         (d)(c) The Speaker of the House of Representatives shall
  174  appoint one member of the Southern States Energy Board. The
  175  member or the speaker may designate another person as the
  176  assistant or deputy to such member.
  177         (2) Any supplementary agreement entered into under s.
  178  377.711(6) requiring the expenditure of funds may shall not
  179  become effective as to Florida until the required funds are
  180  appropriated by the Legislature.
  181         (3) Departments, agencies, and officers of this state, and
  182  its subdivisions are authorized to cooperate with the board in
  183  the furtherance of any of its activities pursuant to the
  184  compact, provided such proposed activities have been made known
  185  to, and have the approval of, either the Governor or the
  186  Department of Agriculture and Consumer Services Department of
  187  Health.
  188         Section 4. Section 377.801, Florida Statutes, is amended to
  189  read:
  190         377.801 Short title.—Sections 377.801-377.804 377.801
  191  377.807 may be cited as the “Florida Energy and Climate
  192  Protection Act.”
  193         Section 5. Section 377.802, Florida Statutes, is amended to
  194  read:
  195         377.802 Purpose.—This act is intended to provide incentives
  196  for Florida’s citizens, businesses, school districts, and local
  197  governments to take action to diversify the state’s energy
  198  supplies, reduce dependence on foreign oil, and mitigate the
  199  effects of climate change by providing funding for activities
  200  designed to achieve these goals. The grant programs in this act
  201  are intended to stimulate capital investment in and enhance the
  202  market for renewable energy technologies and technologies
  203  intended to diversify Florida’s energy supplies, reduce
  204  dependence on foreign oil, and combat or limit climate change
  205  impacts. This act is also intended to provide incentives for the
  206  purchase of energy-efficient appliances and rebates for solar
  207  energy equipment installations for residential and commercial
  208  buildings.
  209         Section 6. Section 377.803, Florida Statutes, is amended to
  210  read:
  211         377.803 Definitions.—As used in ss. 377.801-377.804 ss.
  212  377.801-377.807, the term:
  213         (1) “Act” means the Florida Energy and Climate Protection
  214  Act.
  215         (2) “Department” means the Department of Agriculture and
  216  Consumer Services.
  217         (3) “Person” means an individual, partnership, joint
  218  venture, private or public corporation, association, firm,
  219  public service company, or any other public or private entity.
  220         (4) “Renewable energy” means electrical, mechanical, or
  221  thermal energy produced from a method that uses one or more of
  222  the following fuels or energy sources: hydrogen, biomass, as
  223  defined in s. 366.91, solar energy, geothermal energy, wind
  224  energy, ocean energy, waste heat, or hydroelectric power.
  225         (5) “Renewable energy technology” means any technology that
  226  generates or utilizes a renewable energy resource.
  227         (6) “Solar energy system” means equipment that provides for
  228  the collection and use of incident solar energy for water
  229  heating, space heating or cooling, or other applications that
  230  would normally require a conventional source of energy such as
  231  petroleum products, natural gas, or electricity that performs
  232  primarily with solar energy. In other systems in which solar
  233  energy is used in a supplemental way, only those components that
  234  collect and transfer solar energy shall be included in this
  235  definition.
  236         (7) “Solar photovoltaic system” means a device that
  237  converts incident sunlight into electrical current.
  238         (8) “Solar thermal system” means a device that traps heat
  239  from incident sunlight in order to heat water.
  240         Section 7. Section 377.815, Florida Statutes, is created to
  241  read:
  242         377.815 Alternative fueling stations and electric vehicle
  243  charging stations.—The Department of Agriculture and Consumer
  244  Services may post information on its website relating to
  245  alternative fueling stations or electric vehicle charging
  246  stations that are available for public use in this state.
  247         (1) As used in this section, the term “alternative fuel”
  248  means nontraditional transportation fuel, such as pure methanol,
  249  ethanol, and other alcohols; blends of 85 percent or more of
  250  alcohol with gasoline; natural gas and liquid fuels domestically
  251  produced from natural gas; liquefied petroleum gas; coal-derived
  252  liquid fuels; hydrogen; electricity; pure biodiesel; fuels,
  253  other than alcohol, derived from biological materials; and P
  254  series fuels.
  255         (2) An owner or operator of an alternative fueling station
  256  that is available in this state may report the following
  257  information to the Office of Energy:
  258         (a) The type of alternative fuel available;
  259         (b) The station’s name, address, or location; or
  260         (c) The fees or costs associated with the alternative fuel
  261  that is available for purchase.
  262         (3) The owner or operator of an electric vehicle charging
  263  station that is available in this state may report the following
  264  information to the Office of Energy:
  265         (a) The station’s name, address, or location; or
  266         (b) The fees or costs, if any, associated with the electric
  267  vehicle charging services provided by the station.
  268         Section 8. Subsection (1) of section 553.74, Florida
  269  Statutes, is amended to read:
  270         553.74 Florida Building Commission.—
  271         (1) The Florida Building Commission is created and located
  272  within the Department of Business and Professional Regulation
  273  for administrative purposes. Members are appointed by the
  274  Governor subject to confirmation by the Senate. The commission
  275  is composed of 27 26 members, consisting of the following:
  276         (a) One architect registered to practice in this state and
  277  actively engaged in the profession. The American Institute of
  278  Architects, Florida Section, is encouraged to recommend a list
  279  of candidates for consideration.
  280         (b) One structural engineer registered to practice in this
  281  state and actively engaged in the profession. The Florida
  282  Engineering Society is encouraged to recommend a list of
  283  candidates for consideration.
  284         (c) One air-conditioning or mechanical contractor certified
  285  to do business in this state and actively engaged in the
  286  profession. The Florida Air Conditioning Contractors
  287  Association, the Florida Refrigeration and Air Conditioning
  288  Contractors Association, and the Mechanical Contractors
  289  Association of Florida are encouraged to recommend a list of
  290  candidates for consideration.
  291         (d) One electrical contractor certified to do business in
  292  this state and actively engaged in the profession. The Florida
  293  Association of Electrical Contractors Association and the
  294  National Electrical Contractors Association, Florida Chapter,
  295  are encouraged to recommend a list of candidates for
  296  consideration.
  297         (e) One member from fire protection engineering or
  298  technology who is actively engaged in the profession. The
  299  Florida Chapter of the Society of Fire Protection Engineers and
  300  the Florida Fire Marshals and Inspectors Association are
  301  encouraged to recommend a list of candidates for consideration.
  302         (f) One general contractor certified to do business in this
  303  state and actively engaged in the profession. The Associated
  304  Builders and Contractors of Florida, the Florida Associated
  305  General Contractors Council, and the Union Contractors
  306  Association are encouraged to recommend a list of candidates for
  307  consideration.
  308         (g) One plumbing contractor licensed to do business in this
  309  state and actively engaged in the profession. The Florida
  310  Association of Plumbing, Heating, and Cooling Contractors is
  311  encouraged to recommend a list of candidates for consideration.
  312         (h) One roofing or sheet metal contractor certified to do
  313  business in this state and actively engaged in the profession.
  314  The Florida Roofing, Sheet Metal, and Air Conditioning
  315  Contractors Association and the Sheet Metal and Air Conditioning
  316  Contractors Contractors National Association are encouraged to
  317  recommend a list of candidates for consideration.
  318         (i) One residential contractor licensed to do business in
  319  this state and actively engaged in the profession. The Florida
  320  Home Builders Association is encouraged to recommend a list of
  321  candidates for consideration.
  322         (j) Three members who are municipal or district codes
  323  enforcement officials, one of whom is also a fire official. The
  324  Building Officials Association of Florida and the Florida Fire
  325  Marshals and Inspectors Association are encouraged to recommend
  326  a list of candidates for consideration.
  327         (k) One member who represents the Department of Financial
  328  Services.
  329         (l) One member who is a county codes enforcement official.
  330  The Building Officials Association of Florida is encouraged to
  331  recommend a list of candidates for consideration.
  332         (m) One member of a Florida-based organization of persons
  333  with disabilities or a nationally chartered organization of
  334  persons with disabilities with chapters in this state.
  335         (n) One member of the manufactured buildings industry who
  336  is licensed to do business in this state and is actively engaged
  337  in the industry. The Florida Manufactured Housing Association is
  338  encouraged to recommend a list of candidates for consideration.
  339         (o) One mechanical or electrical engineer registered to
  340  practice in this state and actively engaged in the profession.
  341  The Florida Engineering Society is encouraged to recommend a
  342  list of candidates for consideration.
  343         (p) One member who is a representative of a municipality or
  344  a charter county. The Florida League of Cities and the Florida
  345  Association of Counties are encouraged to recommend a list of
  346  candidates for consideration.
  347         (q) One member of the building products manufacturing
  348  industry who is authorized to do business in this state and is
  349  actively engaged in the industry. The Florida Building Material
  350  Association, the Florida Concrete and Product Products
  351  Association, and the Fenestration Manufacturers Association are
  352  encouraged to recommend a list of candidates for consideration.
  353         (r) One member who is a representative of the building
  354  owners and managers industry who is actively engaged in
  355  commercial building ownership or management. The Building Owners
  356  and Managers Association is encouraged to recommend a list of
  357  candidates for consideration.
  358         (s) One member who is a representative of the insurance
  359  industry. The Florida Insurance Council is encouraged to
  360  recommend a list of candidates for consideration.
  361         (t) One member who is a representative of public education.
  362         (u) One member who is a swimming pool contractor licensed
  363  to do business in this state and actively engaged in the
  364  profession. The Florida Swimming Pool Association and the United
  365  Pool and Spa Association are encouraged to recommend a list of
  366  candidates for consideration.
  367         (v) One member who is a representative of the green
  368  building industry and who is a third-party commission agent, a
  369  Florida board member of the United States Green Building Council
  370  or Green Building Initiative, a professional who is accredited
  371  under the International Green Construction Code (IGCC), or a
  372  professional who is accredited under Leadership in Energy and
  373  Environmental Design (LEED).
  374         (w) One member who is a representative of a natural gas
  375  distribution system and who is actively engaged in the
  376  distribution of natural gas in this state. The Florida Natural
  377  Gas Association is encouraged to recommend a list of candidates
  378  for consideration.
  379         (x) One member who is a representative of the Department of
  380  Agriculture and Consumer Services’ Office of Energy who is
  381  appointed from a list of three nominees provided by the
  382  Commissioner of Agriculture. If the Governor refuses to appoint
  383  a nominee within 60 days, the Governor shall inform the
  384  commission and the commissioner shall submit a new list of three
  385  nominees.
  386         (y)(x) One member who shall be the chair.
  387  
  388  Any person serving on the commission under paragraph (c) or
  389  paragraph (h) on October 1, 2003, and who has served less than
  390  two full terms is eligible for reappointment to the commission
  391  regardless of whether he or she meets the new qualification.
  392         Section 9. Sections 377.806 and 377.807, Florida Statutes,
  393  are repealed.
  394         Section 10. This act shall take effect July 1, 2014.