Florida Senate - 2021 CS for SB 896
By the Committee on Regulated Industries; and Senator Brodeur
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.
(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
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.
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.
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.