Florida Senate - 2021                                     SB 896
       By Senator Brodeur
       9-00798A-21                                            2021896__
    1                        A bill to be entitled                      
    2         An act relating to renewable natural gas; amending s.
    3         366.91, F.S.; defining the terms “biogas” and
    4         “renewable natural gas”; revising the definition of
    5         the term “renewable energy” to include certain energy
    6         created for transportation fuel; amending ss. 366.92,
    7         373.236, and 403.973, F.S.; conforming cross
    8         references; reenacting s. 288.9606(7), F.S., relating
    9         to the issuance of revenue bonds, to incorporate the
   10         amendment made to s. 366.91, F.S., in a reference
   11         thereto; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Present paragraphs (a) through (d) of subsection
   16  (2) of section 366.91, Florida Statutes, are redesignated as
   17  paragraphs (b) through (e), respectively, a new paragraph (a)
   18  and paragraph (f) are added to that subsection, and present
   19  paragraph (d) of that subsection is amended, to read:
   20         366.91 Renewable energy.—
   21         (2) As used in this section, the term:
   22         (a)“Biogas” means a mixture of gases produced by the
   23  biological decomposition of organic materials which is largely
   24  comprised of carbon dioxide, hydrocarbons, and methane gas.
   25         (e)(d) “Renewable energy” means electrical energy produced
   26  or energy created to displace traditional fuel sources from a
   27  method that uses one or more of the following fuels or energy
   28  sources: hydrogen produced or resulting from sources other than
   29  fossil fuels, biomass, solar energy, geothermal energy, wind
   30  energy, ocean energy, renewable natural gas, and hydroelectric
   31  power. The term includes the alternative energy resource, waste
   32  heat, from sulfuric acid manufacturing operations and electrical
   33  energy produced using pipeline-quality synthetic gas produced
   34  from waste petroleum coke with carbon capture and sequestration.
   35         (f)“Renewable natural gas” means anaerobically generated
   36  biogas, landfill gas, or wastewater treatment gas refined to a
   37  methane content of 90 percent or greater which may be used as a
   38  transportation fuel or for electric generation or is of a
   39  quality capable of being injected into a natural gas pipeline.
   40         Section 2. Paragraph (b) of subsection (2) of section
   41  366.92, Florida Statutes, is amended to read:
   42         366.92 Florida renewable energy policy.—
   43         (2) As used in this section, the term:
   44         (b) “Renewable energy” means renewable energy as defined in
   45  s. 366.91(2)(e) s. 366.91(2)(d).
   46         Section 3. Subsection (7) of section 373.236, Florida
   47  Statutes, is amended to read:
   48         373.236 Duration of permits; compliance reports.—
   49         (7) A permit approved for a renewable energy generating
   50  facility or the cultivation of agricultural products on lands
   51  consisting of 1,000 acres or more for use in the production of
   52  renewable energy, as defined in s. 366.91(2)(e) s. 366.91(2)(d),
   53  shall be granted for a term of at least 25 years at the
   54  applicant’s request based on the anticipated life of the
   55  facility if there is sufficient data to provide reasonable
   56  assurance that the conditions for permit issuance will be met
   57  for the duration of the permit; otherwise, a permit may be
   58  issued for a shorter duration that reflects the longest period
   59  for which such reasonable assurances are provided. Such a permit
   60  is subject to compliance reports under subsection (4).
   61         Section 4. Paragraph (f) of subsection (3) and paragraph
   62  (b) of subsection (19) of section 403.973, Florida Statutes, are
   63  amended to read:
   64         403.973 Expedited permitting; amendments to comprehensive
   65  plans.—
   66         (3)
   67         (f) Projects resulting in the production of biofuels
   68  cultivated on lands that are 1,000 acres or more or in the
   69  construction of a biofuel or biodiesel processing facility or a
   70  facility generating renewable energy, as defined in s.
   71  366.91(2)(e) s. 366.91(2)(d), are eligible for the expedited
   72  permitting process.
   73         (19) The following projects are ineligible for review under
   74  this part:
   75         (b) A project, the primary purpose of which is to:
   76         1. Effect the final disposal of solid waste, biomedical
   77  waste, or hazardous waste in this state.
   78         2. Produce electrical power, unless the production of
   79  electricity is incidental and not the primary function of the
   80  project or the electrical power is derived from a fuel source
   81  for renewable energy as defined in s. 366.91(2)(e) s.
   82  366.91(2)(d).
   83         3. Extract natural resources.
   84         4. Produce oil.
   85         5. Construct, maintain, or operate an oil, petroleum, or
   86  sewage pipeline.
   87         Section 5. For the purpose of incorporating the amendment
   88  made by this act to section 366.91, Florida Statutes, in a
   89  reference thereto, subsection (7) of section 288.9606, Florida
   90  Statutes, is reenacted to read:
   91         288.9606 Issue of revenue bonds.—
   92         (7) Notwithstanding any provision of this section, the
   93  corporation in its corporate capacity may, without authorization
   94  from a public agency under s. 163.01(7), issue revenue bonds or
   95  other evidence of indebtedness under this section to:
   96         (a) Finance the undertaking of any project within the state
   97  that promotes renewable energy as defined in s. 366.91 or s.
   98  377.803;
   99         (b) Finance the undertaking of any project within the state
  100  that is a project contemplated or allowed under s. 406 of the
  101  American Recovery and Reinvestment Act of 2009; or
  102         (c) If permitted by federal law, finance qualifying
  103  improvement projects within the state under s. 163.08.
  104         Section 6. This act shall take effect July 1, 2021.