Florida Senate - 2021                              CS for SB 896
       By the Committee on Regulated Industries; and Senator Brodeur
       580-02948-21                                           2021896c1
    1                        A bill to be entitled                      
    2         An act relating to renewable natural gas; amending s.
    3         366.91, F.S.; defining and redefining terms;
    4         authorizing the Florida Public Service Commission to
    5         approve cost recovery by a gas public utility for
    6         certain contracts for the purchase of renewable
    7         natural gas; amending ss. 366.92, 373.236, and
    8         403.973, F.S.; conforming cross-references; reenacting
    9         s. 288.9606(7), F.S., relating to the issuance of
   10         revenue bonds, to incorporate the amendment made to s.
   11         366.91, F.S., in a reference thereto; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present paragraphs (a) through (d) of subsection
   17  (2) of section 366.91, Florida Statutes, are redesignated as
   18  paragraphs (b) through (e), respectively, a new paragraph (a)
   19  and paragraph (f) are added to that subsection, present
   20  paragraph (d) of that subsection is amended, and subsection (9)
   21  is added to that section, to read:
   22         366.91 Renewable energy.—
   23         (2) As used in this section, the term:
   24         (a)“Biogas” means a mixture of gases produced by the
   25  biological decomposition of organic materials which is largely
   26  comprised of carbon dioxide, hydrocarbons, and methane gas.
   27         (e)(d) “Renewable energy” means electrical energy produced
   28  from a method that uses one or more of the following fuels or
   29  energy sources: hydrogen produced or resulting from sources
   30  other than fossil fuels, biomass, solar energy, geothermal
   31  energy, wind energy, ocean energy, and hydroelectric power. The
   32  term includes the alternative energy resource, waste heat, from
   33  sulfuric acid manufacturing operations and electrical energy
   34  produced using pipeline-quality synthetic gas produced from
   35  waste petroleum coke with carbon capture and sequestration.
   36         (f)“Renewable natural gas” means anaerobically generated
   37  biogas, landfill gas, or wastewater treatment gas refined to a
   38  methane content of 90 percent or greater which may be used as a
   39  transportation fuel or for electric generation or is of a
   40  quality capable of being injected into a natural gas pipeline.
   41         (9)The commission may approve cost recovery by a gas
   42  public utility for contracts for the purchase of renewable
   43  natural gas in which the pricing provisions exceed the current
   44  market price of natural gas, but which are otherwise deemed
   45  reasonable and prudent by the commission.
   46         Section 2. Paragraph (b) of subsection (2) of section
   47  366.92, Florida Statutes, is amended to read:
   48         366.92 Florida renewable energy policy.—
   49         (2) As used in this section, the term:
   50         (b) “Renewable energy” includes means renewable energy and
   51  renewable natural gas as those terms are defined in s. 366.91(2)
   52  s. 366.91(2)(d).
   53         Section 3. Subsection (7) of section 373.236, Florida
   54  Statutes, is amended to read:
   55         373.236 Duration of permits; compliance reports.—
   56         (7) A permit approved for a renewable energy generating
   57  facility or the cultivation of agricultural products on lands
   58  consisting of 1,000 acres or more for use in the production of
   59  renewable energy, as defined in s. 366.91(2)(e) s. 366.91(2)(d),
   60  shall be granted for a term of at least 25 years at the
   61  applicant’s request based on the anticipated life of the
   62  facility if there is sufficient data to provide reasonable
   63  assurance that the conditions for permit issuance will be met
   64  for the duration of the permit; otherwise, a permit may be
   65  issued for a shorter duration that reflects the longest period
   66  for which such reasonable assurances are provided. Such a permit
   67  is subject to compliance reports under subsection (4).
   68         Section 4. Paragraph (f) of subsection (3) and paragraph
   69  (b) of subsection (19) of section 403.973, Florida Statutes, are
   70  amended to read:
   71         403.973 Expedited permitting; amendments to comprehensive
   72  plans.—
   73         (3)
   74         (f) Projects resulting in the production of biofuels
   75  cultivated on lands that are 1,000 acres or more or in the
   76  construction of a biofuel or biodiesel processing facility or a
   77  facility generating renewable energy, as defined in s.
   78  366.91(2)(e) s. 366.91(2)(d), are eligible for the expedited
   79  permitting process.
   80         (19) The following projects are ineligible for review under
   81  this part:
   82         (b) A project, the primary purpose of which is to:
   83         1. Effect the final disposal of solid waste, biomedical
   84  waste, or hazardous waste in this state.
   85         2. Produce electrical power, unless the production of
   86  electricity is incidental and not the primary function of the
   87  project or the electrical power is derived from a fuel source
   88  for renewable energy as defined in s. 366.91(2)(e) s.
   89  366.91(2)(d).
   90         3. Extract natural resources.
   91         4. Produce oil.
   92         5. Construct, maintain, or operate an oil, petroleum, or
   93  sewage pipeline.
   94         Section 5. For the purpose of incorporating the amendment
   95  made by this act to section 366.91, Florida Statutes, in a
   96  reference thereto, subsection (7) of section 288.9606, Florida
   97  Statutes, is reenacted to read:
   98         288.9606 Issue of revenue bonds.—
   99         (7) Notwithstanding any provision of this section, the
  100  corporation in its corporate capacity may, without authorization
  101  from a public agency under s. 163.01(7), issue revenue bonds or
  102  other evidence of indebtedness under this section to:
  103         (a) Finance the undertaking of any project within the state
  104  that promotes renewable energy as defined in s. 366.91 or s.
  105  377.803;
  106         (b) Finance the undertaking of any project within the state
  107  that is a project contemplated or allowed under s. 406 of the
  108  American Recovery and Reinvestment Act of 2009; or
  109         (c) If permitted by federal law, finance qualifying
  110  improvement projects within the state under s. 163.08.
  111         Section 6. This act shall take effect July 1, 2021.