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. 64 65 Be It Enacted by the Legislature of the State of Florida: 66 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
shall75 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 shallalso 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.— 102 (1) LEGISLATIVE FINDINGS AND INTENT.— 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. 168 (3) POWERS AND DUTIES FOR STATEWIDE GREENHOUSE GAS 169 POLLUTION ABATEMENT.— 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. 382 (3) FARM RENEWABLE AND EFFICIENCY EVALUATIONS AND 383 DEMONSTRATIONS.— 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.