Florida Senate - 2023                                    SB 1238
       By Senator Rodriguez
       40-00471A-23                                          20231238__
    1                        A bill to be entitled                      
    2         An act relating to energy regulation; creating s.
    3         377.708, F.S.; defining the term “federal phase-out
    4         mandate”; requiring determinations on building new
    5         energy generating facilities to take certain factors
    6         into consideration; prohibiting local governmental
    7         entities from requiring or prohibiting certain
    8         building materials, vehicles, or home heating elements
    9         under certain circumstances; providing an exception;
   10         authorizing local governmental entities to adopt bid
   11         specifications for public works projects that take
   12         energy savings or production into consideration;
   13         creating s. 403.08723, F.S.; defining the term
   14         “greenhouse gas”; prohibiting the adoption or
   15         enforcement of certain state and regional programs to
   16         regulate greenhouse gas emissions without specific
   17         legislative authorization; providing an effective
   18         date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Section 377.708, Florida Statutes, is created to
   23  read:
   24         377.708Energy efficiency policies.—
   25         (1)As used in this section, the term “federal phase-out
   26  mandate” means a federal law or regulation that:
   27         (a)Is established after April 20, 2021, by the United
   28  States Congress, a federal agency, or an executive order; and
   29         (b)Requires the phasing out or discontinuance of a
   30  particular type of energy generating facility, technology, or
   31  fuel source.
   32         (2)All of the following factors must be taken into
   33  consideration before making determinations on building energy
   34  generating facilities:
   35         (a)An application for a certificate of public convenience
   36  and necessity for a new energy generating facility.
   37         (b)Integrated resource planning and the impact of federal
   38  phase-out mandates on the estimated useful life of certain
   39  energy generating facilities on an electric utility, including
   40  on depreciation expenses associated with such facilities.
   41         (3)(a)Except for purposes of compliance with specified
   42  building and firesafety laws, a local governmental entity may
   43  not do any of the following:
   44         1.Require that a particular component, design, or type of
   45  material be used in the construction of a building because of
   46  the energy saving or energy producing qualities of the
   47  component, design, or material.
   48         2.Prohibit the use of a particular component, design, or
   49  type of material in the construction of a building because the
   50  component, design, or material does not meet an energy saving
   51  standard.
   52         3.Require a building or structure to be retrofitted with a
   53  particular device or type of material because of the energy
   54  saving or energy-producing qualities of the device or material.
   55         4.Prohibit or restrict the purchase or use of vehicles
   56  based upon the type of energy used.
   57         5.Prohibit the sale, installation, or use of:
   58         a.Natural gas-powered home heating equipment; home
   59  appliances; or outdoor heating appliances, torches, lamps, or
   60  other decorative features; or
   61         b.Outdoor grills and stoves.
   62         (b)This prohibition does not apply to any requirement
   63  included in a procurement document used to procure goods and
   64  services, including the construction or design of buildings, to
   65  be owned or used by the local governmental entity.
   66         (c)A local governmental entity may adopt bid
   67  specifications for a public works project that includes energy
   68  savings or energy production provisions with respect to the
   69  components, design, or materials for the specific project.
   70         Section 2. Section 403.08723, Florida Statutes, is created
   71  to read:
   72         403.08723Regulation of greenhouse gas emissions.—
   73         (1)As used in this section, the term “greenhouse gas”
   74  means carbon dioxide, methane, nitrous oxides, sulfur
   75  hexafluoride, hydrofluorocarbon, and perfluorocarbon.
   76         (2)Notwithstanding any other law, a state agency may not
   77  adopt or enforce a state or regional program to regulate
   78  greenhouse gas emissions for the purpose of addressing changes
   79  in atmospheric temperature without specific legislative
   80  authorization, including, but not limited to:
   81         (a)State plans developed pursuant to 42 U.S.C. s. 7402, s.
   82  7410, s. 7411, s. 7415, or s. 7545.
   83         (b)Low carbon fuel standards.
   84         (c)Plans or programs enabling regulation of mobile or
   85  stationary sources, greenhouse gas taxes or fees, or greenhouse
   86  gas emissions trading.
   87         (d)State or regional programs prompted by the
   88  participation of the United States in international treaties or
   89  executive agreements or interstate compacts or agreements.
   90         Section 3. This act shall take effect July 1, 2023.