Florida Senate - 2021 CS for CS for SB 896
By the Committees on Rules; and Regulated Industries; and
Senators Brodeur and Hutson
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.
(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
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.
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.
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.