Florida Senate - 2022                                     SB 366
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00560-22                                            2022366__
    1                        A bill to be entitled                      
    2         An act relating to state renewable energy goals;
    3         amending s. 366.91, F.S.; revising the definitions of
    4         the terms “biomass” and “renewable energy”; amending
    5         s. 377.24, F.S.; prohibiting the drilling or
    6         exploration for, or production of, oil, gas, or other
    7         petroleum products on the lands and waters of the
    8         state; amending s. 377.242, F.S.; prohibiting the
    9         permitting and construction of certain structures
   10         intended to drill or explore for, or produce or
   11         transport, oil, gas, or other petroleum products on
   12         the lands and waters of the state; amending s.
   13         377.803, F.S.; revising the definition of the term
   14         “renewable energy”; creating s. 377.821, F.S.;
   15         requiring that all electricity used in this state be
   16         generated by renewable energy by a specified date;
   17         requiring statewide net zero carbon emissions by a
   18         specified date; directing the Office of Energy within
   19         the Department of Agriculture and Consumer Services,
   20         in consultation with other state agencies, state
   21         colleges and universities, public utilities, and other
   22         private and public entities, to develop a unified
   23         statewide plan to generate this state’s electricity
   24         from renewable energy and reduce this state’s carbon
   25         emissions by specified dates; requiring state and
   26         public entities to cooperate upon request; providing
   27         plan requirements; requiring the office to submit the
   28         plan and updates to the Governor and Legislature by a
   29         specified date and annually thereafter; creating s.
   30         377.8225, F.S.; creating the Renewable Energy
   31         Workforce Development Advisory Committee in the
   32         office; providing for committee membership and duties;
   33         defining the term “environmental justice”; directing
   34         the Commissioner of Agriculture to prepare and submit
   35         a specified annual report to the Legislature by a
   36         specified date and annually thereafter; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraphs (b) and (e) of subsection (2) of
   42  section 366.91, Florida Statutes, are amended to read:
   43         366.91 Renewable energy.—
   44         (2) As used in this section, the term:
   45         (b) “Biomass” means a power source that is comprised of,
   46  but not limited to, combustible residues or gases from forest
   47  products manufacturing, waste or coproducts, byproducts, or
   48  products from agricultural and orchard crops, waste or
   49  coproducts from livestock and poultry operations, waste or
   50  byproducts from food processing, urban wood waste, separated
   51  municipal food and yard solid waste, and municipal liquid waste
   52  treatment operations, and landfill gas.
   53         (e) “Renewable energy” means electrical energy produced
   54  from a method that uses one or more of the following fuels or
   55  energy sources: hydrogen produced or resulting from sources
   56  other than fossil fuels, biomass, solar energy, geothermal
   57  energy, wind energy, ocean energy, and hydroelectric power. The
   58  term includes the alternative energy resource, waste heat, from
   59  sulfuric acid manufacturing operations and electrical energy
   60  produced using pipeline-quality synthetic gas produced from
   61  waste petroleum coke with carbon capture and sequestration.
   62         Section 2. Subsection (10) is added to section 377.24,
   63  Florida Statutes, to read:
   64         377.24 Notice of intention to drill well; permits;
   65  abandoned wells and dry holes.—
   66         (10)Notwithstanding this section, this chapter, or other
   67  laws, without exception, the drilling or exploration for, or
   68  production of, oil, gas, or other petroleum products is
   69  prohibited on the lands and waters of the state.
   70         Section 3. Section 377.242, Florida Statutes, is amended to
   71  read:
   72         377.242 Permits for drilling or exploring and extracting
   73  through well holes or by other means.—The department is vested
   74  with the power and authority:
   75         (1)(a) To issue permits for the drilling for, exploring
   76  for, or production of oil, gas, or other petroleum products
   77  which are to be extracted from below the surface of the land,
   78  including submerged land, only through the well hole drilled for
   79  oil, gas, and other petroleum products.
   80         1. A No structure intended for the drilling for, or
   81  production of, oil, gas, or other petroleum products may not be
   82  permitted or constructed on any submerged land within any bay or
   83  estuary.
   84         2. A No structure intended for the drilling for, or
   85  production of, oil, gas, or other petroleum products may not be
   86  permitted or constructed within 1 mile seaward of the coastline
   87  of the state.
   88         3. A No structure intended for the drilling for, or
   89  production of, oil, gas, or other petroleum products may not be
   90  permitted or constructed within 1 mile of the seaward boundary
   91  of any state, local, or federal park or aquatic or wildlife
   92  preserve or on the surface of a freshwater lake, river, or
   93  stream.
   94         4. A No structure intended for the drilling for, or
   95  production of, oil, gas, or other petroleum products may not be
   96  permitted or constructed within 1 mile inland from the shoreline
   97  of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary
   98  or within 1 mile of any freshwater lake, river, or stream unless
   99  the department is satisfied that the natural resources of such
  100  bodies of water and shore areas of the state will be adequately
  101  protected in the event of accident or blowout.
  102         5. Without exception, after July 1, 1989, a no structure
  103  intended for the drilling for, or production of, oil, gas, or
  104  other petroleum products may not be permitted or constructed
  105  south of 26°00′00″ north latitude off Florida’s west coast and
  106  south of 27°00′00″ north latitude off Florida’s east coast,
  107  within the boundaries of Florida’s territorial seas as defined
  108  in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
  109  intended for the drilling for, or production of, oil, gas, or
  110  other petroleum products may not be permitted or constructed
  111  north of 26°00′00″ north latitude off Florida’s west coast to
  112  the western boundary of the state bordering Alabama as set forth
  113  in s. 1, Art. II of the State Constitution, or located north of
  114  27°00′00″ north latitude off Florida’s east coast to the
  115  northern boundary of the state bordering Georgia as set forth in
  116  s. 1, Art. II of the State Constitution, within the boundaries
  117  of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
  118         (b) Subparagraphs (a)1. and 4. do not apply to permitting
  119  or construction of structures intended for the drilling for, or
  120  production of, oil, gas, or other petroleum products pursuant to
  121  an oil, gas, or mineral lease of such lands by the state under
  122  which lease any valid drilling permits are in effect on the
  123  effective date of this act. In the event that such permits
  124  contain conditions or stipulations, such conditions and
  125  stipulations shall govern and supersede subparagraphs (a)1. and
  126  4.
  127         (c) The prohibitions of subparagraphs (a)1.-4. in this
  128  subsection do not include “infield gathering lines,” provided no
  129  other placement is reasonably available and all other required
  130  permits have been obtained.
  131         (2) To issue permits to explore for and extract minerals
  132  that which are subject to extraction from the land by means
  133  other than through a well hole.
  134         (3) To issue permits to establish natural gas storage
  135  facilities or construct wells for the injection and recovery of
  136  any natural gas for storage in natural gas storage reservoirs.
  137  
  138  Each permit shall contain an agreement by the permitholder that
  139  the permitholder will not prevent inspection by division
  140  personnel at any time. The provisions of this section
  141  prohibiting permits for drilling or exploring for oil in coastal
  142  waters do not apply to any leases entered into before June 7,
  143  1991. Notwithstanding this section, this chapter, or other laws,
  144  without exception, a new structure intended to drill or explore
  145  for, or produce or transport, oil, gas, or other petroleum
  146  products may not be permitted or constructed on the lands or
  147  waters of the state.
  148         Section 4. Subsection (4) of section 377.803, Florida
  149  Statutes, is amended to read:
  150         377.803 Definitions.—As used in ss. 377.801-377.804, the
  151  term:
  152         (4) “Renewable energy” means electrical, mechanical, or
  153  thermal energy produced from a method that uses one or more of
  154  the following fuels or energy sources: hydrogen, biomass, as
  155  defined in s. 366.91, solar energy, geothermal energy, wind
  156  energy, ocean energy, tidal energy waste heat, or hydroelectric
  157  power.
  158         Section 5. Section 377.821, Florida Statutes, is created to
  159  read:
  160         377.821State renewable energy goals.—
  161         (1)By 2040, 100 percent of the electricity used in this
  162  state will be generated from 100 percent renewable energy as
  163  defined in s. 377.803. By 2050, this state will have net zero
  164  carbon emissions.
  165         (2)The Office of Energy within the Department of
  166  Agriculture and Consumer Services, in consultation with other
  167  state agencies, state colleges and universities, public
  168  utilities, and other private and public entities, is directed to
  169  develop a unified statewide plan to generate 100 percent of this
  170  state’s electricity from renewable energy by 2040 and reduce
  171  this state’s carbon emissions to net zero by 2050. All public
  172  agencies, state colleges and universities, and public utilities
  173  must cooperate with the office as requested. The plan must
  174  include interim goals to reach 50 percent renewable energy
  175  statewide by 2030, 40 percent reduction in carbon emissions
  176  statewide by 2030, and 80 percent reduction in carbon emissions
  177  statewide by 2040.
  178         (3)Achieving 100 percent renewable energy generation is
  179  intended to provide unique benefits to the state, including all
  180  of the following:
  181         (a)Displacing fossil fuel consumption within this state.
  182         (b)Adding new electrical generating facilities in the
  183  transmission network.
  184         (c)Reducing air pollution, particularly criteria pollutant
  185  emissions and toxic air contaminants.
  186         (d)Contributing to the safe and reliable operation of the
  187  electrical grid, including providing predictable electrical
  188  supply, voltage support, lower line losses, and congestion
  189  relief.
  190         (e)Enhancing economic development and job creation in the
  191  clean energy industry.
  192         (4)The plan must consider the potential impact of existing
  193  and additional renewable energy incentives and programs with an
  194  emphasis on solar and distributed resources, including energy
  195  storage. The plan must also consider the impact of power
  196  purchase agreements on attaining 100 percent renewable energy
  197  generation. The office must submit a statewide plan outlining
  198  potential strategies to reach the goals of this section to the
  199  Governor, the President of the Senate, and the Speaker of the
  200  House of Representatives by January 1, 2024, and must provide
  201  updates on the progress of achieving the state’s renewable
  202  energy goals each January 1 thereafter.
  203         Section 6. Section 377.8225, Florida Statutes, is created
  204  to read:
  205         377.8225Renewable Energy Workforce Development Advisory
  206  Committee.—
  207         (1)(a)The Renewable Energy Workforce Development Advisory
  208  Committee is created in the Office of Energy within the
  209  Department of Agriculture and Consumer Services and consists of
  210  13 members, all of whom are appointed by the Commissioner of
  211  Agriculture. The appointees shall include one representative of
  212  the Department of Agriculture and Consumer Services and one
  213  representative of the Department of Economic Opportunity, who
  214  shall serve as co-chairs of the committee, one representative of
  215  the Department of Environmental Protection, one representative
  216  of the Department of Education, two representatives of state
  217  universities or colleges with programs or research focused on
  218  renewable energy, and one representative from each of the
  219  following:
  220         1.The Florida AFL-CIO.
  221         2.The Florida State Building and Construction Trades
  222  Council.
  223         3.An organization serving environmental justice
  224  communities. For purposes of this section, the term
  225  “environmental justice” means the fair treatment and meaningful
  226  involvement of all people regardless of race, color, national
  227  origin, or income, with respect to the development,
  228  implementation, and enforcement of environmental laws,
  229  regulations, and policies.
  230         4.A renewable energy business.
  231         5.An occupational training organization.
  232         6.An economic development organization.
  233         7.A community development organization.
  234  
  235  In making these appointments, the commissioner shall consider
  236  the places of residence of the members to ensure statewide
  237  representation.
  238         (b)The term of office of each member of the advisory
  239  committee is 2 years and shall be staggered.
  240         (c)In case of a vacancy on the advisory committee, the
  241  commissioner shall appoint a successor member for the unexpired
  242  portion of the term.
  243         (d)The members of the advisory committee shall serve
  244  without compensation while in the performance of their official
  245  duties.
  246         (2)(a)The advisory committee shall identify those workers
  247  currently working in the energy sector and their current
  248  training requirements. The committee shall identify the
  249  employment potential of the energy efficiency and renewable
  250  energy industry and the skills and training needed for workers
  251  in those fields, and make recommendations to the commissioner
  252  for policies to promote employment growth and access to jobs in
  253  those fields. Recommendations of the committee may not reduce
  254  the training required for renewable energy jobs. The committee
  255  shall prioritize maximizing employment opportunities for
  256  residents of environmental justice communities, minorities,
  257  women, and workers displaced in the transition to renewable
  258  energy.
  259         (b)By January 1, 2023, the advisory committee shall
  260  establish a target for the number of residents working in the
  261  renewable energy industry by 2026. The committee shall also
  262  establish a target for the number of those jobs held by
  263  residents of environmental justice communities, proportional to
  264  the percentage of residents who live in environmental justice
  265  communities, and the number of those jobs held by workers
  266  displaced in the transition to renewable energy. The committee
  267  shall create similar targets for each subsequent 5-year period.
  268         (c)The advisory committee shall submit an annual report to
  269  the commissioner recommending changes to existing state policies
  270  and programs to meet the targets set in paragraph (b).
  271         (d)The advisory committee shall meet at least three times
  272  annually to review progress in expanding renewable energy
  273  employment. These meetings shall be open to members of the
  274  public and shall provide opportunities for public comment. At
  275  least one of these meetings shall be held in an environmental
  276  justice community each year.
  277         (3)The commissioner shall prepare a report on the findings
  278  and recommendations of the advisory committee and submit the
  279  report to the President of the Senate and the Speaker of the
  280  House of Representatives by January 1, 2023, and each January 1
  281  thereafter.
  282         Section 7. This act shall take effect July 1, 2022.