Florida Senate - 2021                                    SB 1362
       By Senator Polsky
       29-01263-21                                           20211362__
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 252.385, F.S.;
    3         requiring the Division of Emergency Management’s
    4         statewide emergency shelter plan to identify the
    5         capacity of backup power generation systems and fuel
    6         types available at each shelter; amending s. 255.255,
    7         F.S.; requiring each life-cycle cost analysis of
    8         alternative architectural and engineering designs and
    9         major equipment retrofits for certain state-owned
   10         facilities to include or contemplate alternative
   11         designs that meet certain requirements; creating s.
   12         377.817, F.S.; providing legislative findings and
   13         intent; defining terms; requiring the Office of
   14         Energy, in consultation with certain state entities
   15         and officers, to develop rules that meet certain
   16         requirements for reducing greenhouse gas emissions;
   17         providing that such rulemaking is exempt from certain
   18         procedures; requiring the office to submit a report to
   19         the Governor and the Legislature at specified
   20         intervals; specifying requirements for the report;
   21         creating s. 377.818, F.S.; providing legislative
   22         findings; requiring the Department of Agriculture and
   23         Consumer Services, in coordination with the Department
   24         of Management Services and the Department of
   25         Environmental Protection, to develop and maintain a
   26         greenhouse gas registry and inventory; requiring state
   27         and local governmental entities, state universities,
   28         Florida College System institutions, utilities, and
   29         certain businesses to track and report greenhouse gas
   30         emissions data to the department beginning on
   31         specified dates; requiring an annual report to the
   32         Governor and the Legislature by a specified date;
   33         specifying requirements for the report; requiring the
   34         department to adopt rules; creating s. 377.819, F.S.;
   35         providing legislative findings; creating the Resilient
   36         Farms Pilot Program within the Department of
   37         Agriculture and Consumer Services for a specified
   38         purpose; requiring the department to adopt rules to
   39         establish eligibility requirements, application and
   40         funding guidelines, and qualifying practices for the
   41         pilot program; specifying requirements and funding
   42         guidelines for the pilot program; providing for future
   43         legislative review and repeal of the pilot program;
   44         creating s. 377.820, F.S.; defining terms;
   45         establishing the Farm Renewable and Efficiency
   46         Demonstrations Program within the department for a
   47         specified purpose; requiring the department to conduct
   48         onsite evaluations to determine certain energy
   49         efficiency upgrades at individual farms and
   50         agricultural producers in this state; requiring the
   51         department to provide financial incentives for the
   52         implementation of its recommendations; authorizing the
   53         department to give priority consideration to
   54         historically underserved producers or projects that
   55         serve certain areas; prohibiting awarded grants from
   56         exceeding the appropriated funds per fiscal year for
   57         the program; providing for an application process;
   58         requiring the department to submit an annual
   59         assessment to the Governor and the Legislature by a
   60         specified date; providing requirements for the
   61         assessment; authorizing the department to adopt rules;
   62         providing appropriations; providing a directive to the
   63         Division of Law Revision; providing an effective date.
   65  Be It Enacted by the Legislature of the State of Florida:
   67         Section 1. Paragraph (b) of subsection (2) of section
   68  252.385, Florida Statutes, is amended to read:
   69         252.385 Public shelter space.—
   70         (2)
   71         (b) By January 31 of each even-numbered year, the division
   72  shall prepare and submit a statewide emergency shelter plan to
   73  the Governor and Cabinet for approval, subject to the
   74  requirements for approval in s. 1013.37(2). The plan must shall
   75  identify the general location and square footage of special
   76  needs shelters, by regional planning council region, during the
   77  next 5 years. The plan must shall also include information on
   78  the availability of shelters that accept pets. The Department of
   79  Health shall assist the division in determining the estimated
   80  need for special needs shelter space and the adequacy of
   81  facilities to meet the needs of persons with special needs based
   82  on information from the registries of persons with special needs
   83  and other information. The plan must also identify the capacity
   84  of all backup power generation systems and fuel types available
   85  at each shelter.
   86         Section 2. Subsection (5) is added to section 255.255,
   87  Florida Statutes, to read:
   88         255.255 Life-cycle costs.—
   89         (5) For state-owned facilities with an energy performance
   90  index rating that exceeds the state’s overall average energy
   91  performance index, as reported in the division’s most recently
   92  published State Energy Management Plan, each life-cycle cost
   93  analysis of alternative architectural and engineering designs
   94  and alternative major items of energy-consuming equipment to be
   95  retrofitted in existing state-owned facilities must include or
   96  contemplate at least one alternative design that incorporates
   97  the use of a renewable energy technology as defined in s.
   98  377.803.
   99         Section 3. Section 377.817, Florida Statutes, is created to
  100  read:
  101         377.817 Greenhouse gas reduction goals.—
  103         (a)The Legislature finds that:
  104         1.Climate change adversely affects this state’s economy,
  105  air quality and public health, ecosystems, natural resources,
  106  and quality of life, and this state is already experiencing
  107  harmful climate impacts, including increased frequency and
  108  intensity of hurricanes, prolonged drought, more extreme heat,
  109  elevated wildfire risk and risk to first responders, increased
  110  risk of vector-borne diseases, more frequent and severe
  111  flooding, more severe ground-level ozone pollution causing
  112  respiratory illness and loss of life, and decreased economic
  113  activity from outdoor recreation and agriculture.
  114         2.Many of these impacts disproportionately affect rural
  115  communities, communities of color, youth and the elderly, and
  116  working families. Reducing statewide greenhouse gas pollution
  117  will help protect these communities, first responders, and all
  118  residents from these and other climate impacts.
  119         3.Residents of this state must work together to reduce
  120  statewide greenhouse gas pollution in order to limit the
  121  increase in the global average temperature to 1.5 degrees
  122  Celsius, which scientists agree would provide a more stable and
  123  hospitable climate for current and future generations and
  124  mitigate the risk of catastrophic climate impacts in this state.
  125         4.The reduction of greenhouse gas pollution in this state
  126  will also reduce other harmful air pollutants, which will, in
  127  turn, improve public health, reduce health care costs, improve
  128  air quality, and help sustain the environment. Reducing
  129  greenhouse gas pollution will create new markets, spur
  130  innovation, drive investments in low-carbon technologies, and
  131  put this state squarely on the path to a modern, resilient, 100
  132  percent clean economy.
  133         5.To delay pursuing and securing greenhouse gas reductions
  134  would prevent communities in this state from capturing the
  135  benefits of these new jobs and markets, in addition to
  136  exacerbating the climate impacts that harm residents of this
  137  state.
  138         6.Modern technology in the food and fiber production
  139  sector contributes to reductions in greenhouse gas emissions by
  140  sequestering carbon in the soil and enhancing sustainability
  141  through techniques that reduce methane emissions and produce
  142  renewable energy. Continuing to encourage these types of
  143  achievements is beneficial to this state.
  144         (b)The Legislature intends to increase renewable energy
  145  generation and set goals to reduce greenhouse gas pollution, and
  146  by the middle of this century, eliminate greenhouse gas
  147  pollution statewide.
  148         (2)DEFINITIONS.—As used in this section, the term:
  149         (a)“Disproportionately impacted communities” means
  150  communities identified by the office to include minority, low
  151  income, tribal, or indigenous populations in this state which
  152  potentially experience disproportionate environmental harms and
  153  risks as a result of increased vulnerability to environmental
  154  degradation, lack of opportunity for public participation,
  155  environmental and socio-economic stressors, or other factors
  156  identified by the office which may act cumulatively to
  157  contribute to persistent environmental health disparities for
  158  residents of these communities.
  159         (b)“Office” means the Office of Energy within the
  160  Department of Agriculture and Consumer Services.
  161         (c)“Statewide greenhouse gas pollution” means the total
  162  net statewide anthropogenic emissions of carbon dioxide,
  163  methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
  164  nitrogen trifluoride, and sulfur hexafluoride, expressed as
  165  carbon dioxide equivalents and calculated using a methodology
  166  and data on radiative forcing and atmospheric persistence
  167  determined by the office.
  170         (a)The office, in consultation with the Public Service
  171  Commission, the Department of Environmental Protection, the
  172  Chief Resiliency Officer, and the Chief Science Officer, shall
  173  develop rules to reduce greenhouse gas emissions. In developing
  174  the rules, the office:
  175         1.Shall solicit input from stakeholders and the public on
  176  the advantages of different statewide greenhouse gas pollution
  177  mitigation measures. In doing so, the office shall identify and
  178  solicit input from communities most impacted by climate change,
  179  including disproportionately impacted communities; large
  180  emissions sources; workers in relevant industries, including
  181  advanced energy and fuel delivery; and communities that are
  182  currently economically dependent upon industries with high
  183  levels of greenhouse gas emissions.
  184         2.May consider other relevant laws and rules, as well as
  185  voluntary actions taken by local communities and the private
  186  sector, to enhance efficiency and cost-effectiveness.
  187         3.Shall revise the rules as necessary to ensure timely
  188  progress toward, at a minimum, the following statewide
  189  greenhouse gas reduction goals, measured relative to 2005
  190  statewide greenhouse gas pollution levels:
  191         a.By 2030, a 55 percent reduction.
  192         b.By 2045, a 90 percent reduction.
  193         c.By 2050, a 100 percent reduction.
  194         4.Shall provide for ongoing tracking of emissions sources
  195  that adversely affect disproportionately impacted communities.
  196         5.Shall consider rules, policies, and regulatory
  197  strategies that have been deployed by other jurisdictions to
  198  reduce multi-sector greenhouse gas emissions and facilitate
  199  adoption of technologies that have very low or zero emissions,
  200  are cost-effective, and offer flexibility in compliance.
  201         6.May account for reductions in net greenhouse gas
  202  emissions that occur under coordinated jurisdictions’ programs
  203  if the office finds that the implementing regulations of each
  204  coordinated jurisdiction are of sufficient rigor to ensure the
  205  integrity of reductions in greenhouse gas emissions in this
  206  state and may account for emissions from electricity consumption
  207  in this state which are emitted elsewhere.
  208         (b)In carrying out its duties under this section, the
  209  office shall consider the benefits of compliance, including
  210  improved public health, environmental protection, and enhanced
  211  air quality; the costs of compliance; economic and job impacts
  212  and opportunities; the time necessary for compliance; the
  213  relative contribution of each emissions source or source
  214  category to statewide greenhouse gas pollution based on current
  215  data updated at reasonable intervals as determined by the
  216  office; harmonizing emissions reporting requirements with
  217  existing federal requirements as the office deems appropriate;
  218  the importance of striving to equitably distribute the benefits
  219  of compliance; opportunities to incentivize renewable energy
  220  resources and pollution abatement opportunities in
  221  disproportionately impacted communities; opportunities to
  222  encourage clean energy in transitioning communities; issues
  223  related to the beneficial use of electricity to reduce
  224  greenhouse gas emissions; whether program design could enhance
  225  the reliability of electric service; the potential to enhance
  226  the resilience of communities and natural resources in this
  227  state with regard to climate impacts; and whether greater or
  228  more cost-effective emissions reductions are available through
  229  program design.
  230         (c)The rulemaking required by this section is exempt from
  231  s. 120.541.
  232         (4)REPORTING.—The office shall submit a report to the
  233  Governor, the President of the Senate, and the Speaker of the
  234  House of Representatives every odd-numbered year after the
  235  effective date of this act. The report must include information
  236  on the progress toward attaining the goals set forth; any newly
  237  available cost-benefit or regulatory analysis for rules adopted
  238  to attain the goals; and any recommendations on future
  239  legislative action to address climate change, such as
  240  implementation of climate adaptation policies or accelerating
  241  deployment of cleaner technologies.
  242         Section 4. Section 377.818, Florida Statutes, is created to
  243  read:
  244         377.818 Greenhouse gas registry and inventory.—
  245         (1)The Legislature supports sound policies and efforts
  246  based on scientific evidence to benefit and protect the state,
  247  its residents, and its resources and, therefore, finds it
  248  prudent to develop and manage a greenhouse gas reporting system
  249  with high integrity which will provide a basis for various
  250  greenhouse gas emissions reporting and reduction polices to
  251  safeguard this state’s financial and environmental well-being.
  252  The Legislature further finds that a greenhouse gas reporting
  253  system must provide an accurate, transparent, and verified set
  254  of greenhouse gas emissions data from reporting entities,
  255  supported by a robust accounting and verification
  256  infrastructure.
  257         (2)The Department of Agriculture and Consumer Services, in
  258  coordination with the Department of Management Services and the
  259  Department of Environmental Protection, shall develop and
  260  maintain a greenhouse gas registry and inventory.
  261         (a)The following state and local entities shall track and
  262  report their greenhouse gas emissions data to the department:
  263         1.Beginning January 1, 2022, all state government
  264  entities.
  265         2.Beginning January 1, 2024, all local governmental
  266  entities, state universities, and Florida College System
  267  institutions.
  268         3.Beginning January 1, 2025, all electric utilities,
  269  natural gas utilities, businesses operating in this state with
  270  automotive fleets of more than 1,000 vehicles, and businesses
  271  operating in this state with more than 500,000 square feet of
  272  heated and cooled building space.
  273         (b)The department shall seek ways to assist local
  274  governmental entities, state universities, Florida College
  275  System institutions, and businesses participating in the
  276  department’s greenhouse gas registry and inventory.
  277         (3)By August 31, 2023, and annually thereafter, the
  278  department shall submit a report to the Governor, the President
  279  of the Senate, and the Speaker of the House of Representatives
  280  which includes all of the following:
  281         (a)An annual inventory that details the greenhouse gases
  282  emitted by each reporting entity.
  283         (b)An assessment of current policy tools available to
  284  address greenhouse gas emissions, including carbon pricing, and
  285  how this state may use those policy tools to reduce greenhouse
  286  gas emissions.
  287         (c)Recommendations to lower greenhouse gas emissions in
  288  each participating group.
  289         (d)Recommended greenhouse gas reduction targets for this
  290  state.
  291         (4)The department shall adopt rules and may implement
  292  methodologies for the recording and monitoring of greenhouse gas
  293  emissions and for maintaining a ledger to record emissions
  294  reductions.
  295         Section 5. Section 377.819, Florida Statutes, is created to
  296  read:
  297         377.819 Resilient Farms Pilot Program.—
  298         (1)LEGISLATIVE INTENT.—The Legislature finds that it is
  299  necessary to develop programs to promote resilient land
  300  management and incentivize integrated agricultural practices to
  301  promote soil health, maximize carbon capture, and reduce farm
  302  emissions.
  303         (2)CREATION AND PURPOSE OF PROGRAM.—There is created
  304  within the department a Resilient Farms Pilot Program to
  305  establish incentives to promote resiliency practices that
  306  support carbon farming in agricultural production.
  307         (a)The department shall adopt rules to establish
  308  eligibility requirements for farms to qualify for participation
  309  in the pilot program, application and funding guidelines, and a
  310  list of qualifying practices that may be funded under the
  311  program.
  312         (b)Eligible practices may be funded at up to 75 percent of
  313  the cost of the equipment and materials required to properly
  314  implement the practice or at an established per-acre rate based
  315  on established industry standards.
  316         (c)Program participants must be in compliance with all
  317  applicable local, state, and federal environmental requirements.
  318         (d)Program participants must be enrolled in the best
  319  management practices programs established by the department
  320  pursuant to s. 403.067(7) and must be in compliance with the
  321  terms of their enrollment. A site visit to verify the proper
  322  implementation of best management practices on the subject
  323  property in accordance with s. 403.067(7) must have been
  324  performed within 12 months before application to the pilot
  325  program.
  326         (e)Program participants may not receive funding for the
  327  same practice under the pilot program and any other established
  328  federal, state, and local cost-share programs. The department
  329  shall implement the pilot program in conjunction with financial
  330  assistance provided for the proper implementation of best
  331  management practices and other measures pursuant to s.
  332  403.067(7).
  333         (f)Program participants must maintain their resiliency
  334  practices funded under the pilot program for at least 5 years.
  335  The department shall verify this requirement through site visits
  336  conducted at least every 2 years, consistent with those visits
  337  required under s. 403.067(7)(c)3.
  338         (g)The department may require testing or monitoring during
  339  the implementation of resiliency practices as part of a farm’s
  340  eligibility for funding. The department may partner with the
  341  University of Florida Institute of Food and Agricultural
  342  Sciences, other state land grant universities, or any state
  343  university or Florida College System institution with an
  344  agriculture or climate change program to undertake research
  345  studies tied to the implementation of resiliency practices.
  346         (3)SUNSET.—Unless renewed upon review by the Legislature,
  347  the pilot program established by this section shall expire June
  348  30, 2025.
  349         Section 6. Section 377.820, Florida Statutes, is created to
  350  read:
  351         377.820 Farm Renewable and Efficiency Demonstrations
  352  Program.—
  353         (1)DEFINITIONS.—As used in this section, the term:
  354         (a)“Agricultural producer” means a person, legal entity,
  355  or joint operation that has an interest in an agricultural
  356  operation or that is engaged in agricultural production or
  357  forestry management.
  358         (b)“Department” means the Department of Agriculture and
  359  Consumer Services.
  360         (c)“Energy and water evaluation” means a baseline of the
  361  agricultural producer’s current energy and water usage,
  362  including electric and fuel; current energy and water
  363  expenditures; an inventory and analysis of energy-consuming
  364  devices present; an analysis of other factors affecting energy
  365  and water use; an assessment of the potential to use renewable
  366  energy generation; and a recommendation of specific,
  367  implementable energy efficiency and water conservation measures,
  368  renewable energy devices, and their estimated cost and projected
  369  savings and payback period.
  370         (d)“Historically underserved producers” means an eligible
  371  person, joint operation, or legal entity that is a beginning
  372  farmer or rancher, socially disadvantaged farmer or rancher, or
  373  limited resource farmer or rancher, as defined in 7 C.F.R. s.
  374  636.3.
  375         (e)“Renewable energy” has the same meaning as in s.
  376  366.91(2).
  377         (2)CREATION AND PURPOSE OF PROGRAM.—The Farm Renewable and
  378  Efficiency Demonstrations Program is established within the
  379  department to promote the adoption of technologies and practices
  380  that increase energy efficiency, use of renewable energy, and
  381  water conservation in Florida agriculture.
  384         (a)The department shall conduct onsite evaluations to
  385  determine the potential for energy efficiency, renewable energy,
  386  and water conservation upgrades at individual farms and
  387  agricultural producers in this state.
  388         (b)The department shall provide grants for the
  389  implementation of any recommendations made under paragraph (a).
  390  A financial incentive may cover up to 80 percent of the cost to
  391  implement some or all of the recommendations from the energy and
  392  water evaluation, up to $25,000.
  393         (c)The department may give priority consideration to
  394  historically underserved producers or projects that serve
  395  communities in counties classified as high poverty.
  396         (d)The total for the energy and water evaluations provided
  397  and the amount of grants awarded in each fiscal year may not
  398  exceed the amount appropriated for the program in that fiscal
  399  year.
  400         (4)APPLICATION PROCESS.—
  401         (a)An applicant seeking to obtain an evaluation and a
  402  grant must submit an application to the department by a
  403  specified date each year as established by department rule.
  404         (b)The department shall allocate financial incentives to
  405  eligible applicants on a first-come, first-served basis, as
  406  determined by the date the application is received, until all
  407  appropriated funds for the fiscal year are expended or the
  408  program ends, whichever comes first. Incomplete applications
  409  submitted to the department may not be accepted and do not
  410  secure a place in the application process.
  411         (c)Applicants shall submit monthly utility data for a
  412  period of 1 year before any improvements are made and monthly
  413  utility data for a period of 1 year after any improvements are
  414  made in order to evaluate energy, water, and monetary savings.
  415         (5)ANNUAL ASSESSMENT.—By October 1, 2022, and annually
  416  thereafter, the department shall provide an annual assessment of
  417  the use of the program during the previous fiscal year to the
  418  Governor, the President of the Senate, and the Speaker of the
  419  House of Representatives. The assessment must include, at a
  420  minimum, all of the following information:
  421         (a)The name of each applicant who received an assessment
  422  under this section.
  423         (b)The name of each applicant who received a financial
  424  incentive to implement recommendations from an audit under this
  425  section.
  426         (c)The amount of the financial incentive awarded to each
  427  applicant.
  428         (d)A description of each improvement made.
  429         (e)Utility data 1 year before any improvements were made.
  430         (f)Utility data 1 year after any improvements were made.
  431         (g)Energy, water, and monetary savings as a result of an
  432  audit and financial incentive under this section.
  433         (h)The aggregate amount of funding awarded for all
  434  applicants under this section.
  435         (6)RULES.—The department may adopt rules pursuant to ss.
  436  120.536(1) and 120.54 to administer this section, including
  437  application requirements, ranking of applications, and awarding
  438  of financial incentives under this program.
  439         Section 7. (1)For the 2021-2022 fiscal year, the sum of
  440  $250,000 in nonrecurring funds is appropriated from the General
  441  Revenue Fund to the Office of Energy in the Department of
  442  Agriculture and Consumer Services to implement s. 377.817,
  443  Florida Statutes, as created by this act.
  444         (2)Beginning in the 2022-2023 fiscal year and annually
  445  through the 2024-2025 fiscal year, the sum of $10 million in
  446  recurring funds is appropriated from the General Revenue Fund to
  447  the Department of Agriculture and Consumer Services to implement
  448  the Resilient Farms Pilot Program pursuant to s. 377.819,
  449  Florida Statutes, as created by this act.
  450         (3)For the 2021-2022 fiscal year, the sum of $5 million in
  451  recurring funds is appropriated from the General Revenue Fund to
  452  the Department of Agriculture and Consumer Services to implement
  453  the Farm Renewable and Efficiency Demonstrations Program
  454  pursuant to s. 377.820, Florida Statutes, as created by this
  455  act.
  456         Section 8. The Division of Law Revision is directed to
  457  replace the phrase “the effective date of this act” wherever it
  458  appears in this act with the date the act becomes a law.
  459         Section 9. This act shall take effect upon becoming a law.