Florida Senate - 2021                       CS for CS for SB 896
       By the Committees on Rules; and Regulated Industries; and
       Senators Brodeur and Hutson
       595-04532-21                                           2021896c2
    1                        A bill to be entitled                      
    2         An act relating to renewable energy; creating s.
    3         163.3205, F.S.; providing legislative intent; defining
    4         the term “solar facility”; providing that solar
    5         facilities are a permitted use in local government
    6         comprehensive plan agricultural land use categories
    7         and certain agricultural zoning districts; requiring
    8         solar facilities to comply with specified criteria;
    9         authorizing counties to adopt ordinances that meet
   10         certain requirements; amending s. 366.91, F.S.;
   11         defining and redefining terms; authorizing the Florida
   12         Public Service Commission to approve cost recovery by
   13         a gas public utility for certain contracts for the
   14         purchase of renewable natural gas; amending ss.
   15         366.92, 373.236, and 403.973, F.S.; conforming cross
   16         references; reenacting s. 288.9606(7), F.S., relating
   17         to the issuance of revenue bonds, to incorporate the
   18         amendment made to s. 366.91, F.S., in a reference
   19         thereto; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 163.3205, Florida Statutes, is created
   24  to read:
   25         163.3205 Solar facility approval process.—
   26         (1)It is the intent of the Legislature to encourage
   27  renewable solar electrical generation throughout this state. It
   28  is essential that solar facilities and associated electric
   29  infrastructure be constructed and maintained in various
   30  locations throughout this state in order to ensure the
   31  availability of renewable energy production, which is critical
   32  to this state’s energy and economic future.
   33         (2)As used in this section, the term “solar facility”
   34  means a production facility for electric power which:
   35         (a)Uses photovoltaic modules to convert solar energy to
   36  electricity that may be stored on site, delivered to a
   37  transmission system, and consumed primarily offsite.
   38         (b)Consists principally of photovoltaic modules, a
   39  mounting or racking system, power inverters, transformers,
   40  collection systems, battery systems, fire suppression equipment,
   41  and associated components.
   42         (c)May include accessory administration or maintenance
   43  buildings, electric transmission lines, substations, energy
   44  storage equipment, and related accessory uses and structures.
   45         (3)A solar facility shall be a permitted use in all
   46  agricultural land use categories in a local government
   47  comprehensive plan and all agricultural zoning districts within
   48  an unincorporated area and must comply with the setback and
   49  landscaped buffer area criteria for other similar uses in the
   50  agricultural district.
   51         (4)A county may adopt an ordinance specifying buffer and
   52  landscaping requirements for solar facilities. Such requirements
   53  may not exceed the requirements for similar uses involving the
   54  construction of other facilities that are permitted uses in
   55  agricultural land use categories and zoning districts.
   56         Section 2. Present paragraphs (a) through (d) of subsection
   57  (2) of section 366.91, Florida Statutes, are redesignated as
   58  paragraphs (b) through (e), respectively, a new paragraph (a)
   59  and paragraph (f) are added to that subsection, present
   60  paragraph (d) of that subsection is amended, and subsection (9)
   61  is added to that section, to read:
   62         366.91 Renewable energy.—
   63         (2) As used in this section, the term:
   64         (a)“Biogas” means a mixture of gases produced by the
   65  biological decomposition of organic materials which is largely
   66  comprised of carbon dioxide, hydrocarbons, and methane gas.
   67         (e)(d) “Renewable energy” means electrical energy produced
   68  from a method that uses one or more of the following fuels or
   69  energy sources: hydrogen produced or resulting from sources
   70  other than fossil fuels, biomass, solar energy, geothermal
   71  energy, wind energy, ocean energy, and hydroelectric power. The
   72  term includes the alternative energy resource, waste heat, from
   73  sulfuric acid manufacturing operations and electrical energy
   74  produced using pipeline-quality synthetic gas produced from
   75  waste petroleum coke with carbon capture and sequestration.
   76         (f)“Renewable natural gas” means anaerobically generated
   77  biogas, landfill gas, or wastewater treatment gas refined to a
   78  methane content of 90 percent or greater which may be used as a
   79  transportation fuel or for electric generation or is of a
   80  quality capable of being injected into a natural gas pipeline.
   81         (9)The commission may approve cost recovery by a gas
   82  public utility for contracts for the purchase of renewable
   83  natural gas in which the pricing provisions exceed the current
   84  market price of natural gas, but which are otherwise deemed
   85  reasonable and prudent by the commission.
   86         Section 3. Paragraph (b) of subsection (2) of section
   87  366.92, Florida Statutes, is amended to read:
   88         366.92 Florida renewable energy policy.—
   89         (2) As used in this section, the term:
   90         (b) “Renewable energy” includes means renewable energy and
   91  renewable natural gas as those terms are defined in s. 366.91(2)
   92  s. 366.91(2)(d).
   93         Section 4. Subsection (7) of section 373.236, Florida
   94  Statutes, is amended to read:
   95         373.236 Duration of permits; compliance reports.—
   96         (7) A permit approved for a renewable energy generating
   97  facility or the cultivation of agricultural products on lands
   98  consisting of 1,000 acres or more for use in the production of
   99  renewable energy, as defined in s. 366.91(2)(e) s. 366.91(2)(d),
  100  shall be granted for a term of at least 25 years at the
  101  applicant’s request based on the anticipated life of the
  102  facility if there is sufficient data to provide reasonable
  103  assurance that the conditions for permit issuance will be met
  104  for the duration of the permit; otherwise, a permit may be
  105  issued for a shorter duration that reflects the longest period
  106  for which such reasonable assurances are provided. Such a permit
  107  is subject to compliance reports under subsection (4).
  108         Section 5. Paragraph (f) of subsection (3) and paragraph
  109  (b) of subsection (19) of section 403.973, Florida Statutes, are
  110  amended to read:
  111         403.973 Expedited permitting; amendments to comprehensive
  112  plans.—
  113         (3)
  114         (f) Projects resulting in the production of biofuels
  115  cultivated on lands that are 1,000 acres or more or in the
  116  construction of a biofuel or biodiesel processing facility or a
  117  facility generating renewable energy, as defined in s.
  118  366.91(2)(e) s. 366.91(2)(d), are eligible for the expedited
  119  permitting process.
  120         (19) The following projects are ineligible for review under
  121  this part:
  122         (b) A project, the primary purpose of which is to:
  123         1. Effect the final disposal of solid waste, biomedical
  124  waste, or hazardous waste in this state.
  125         2. Produce electrical power, unless the production of
  126  electricity is incidental and not the primary function of the
  127  project or the electrical power is derived from a fuel source
  128  for renewable energy as defined in s. 366.91(2)(e) s.
  129  366.91(2)(d).
  130         3. Extract natural resources.
  131         4. Produce oil.
  132         5. Construct, maintain, or operate an oil, petroleum, or
  133  sewage pipeline.
  134         Section 6. For the purpose of incorporating the amendment
  135  made by this act to section 366.91, Florida Statutes, in a
  136  reference thereto, subsection (7) of section 288.9606, Florida
  137  Statutes, is reenacted to read:
  138         288.9606 Issue of revenue bonds.—
  139         (7) Notwithstanding any provision of this section, the
  140  corporation in its corporate capacity may, without authorization
  141  from a public agency under s. 163.01(7), issue revenue bonds or
  142  other evidence of indebtedness under this section to:
  143         (a) Finance the undertaking of any project within the state
  144  that promotes renewable energy as defined in s. 366.91 or s.
  145  377.803;
  146         (b) Finance the undertaking of any project within the state
  147  that is a project contemplated or allowed under s. 406 of the
  148  American Recovery and Reinvestment Act of 2009; or
  149         (c) If permitted by federal law, finance qualifying
  150  improvement projects within the state under s. 163.08.
  151         Section 7. This act shall take effect July 1, 2021.