Florida Senate - 2024                                     SB 144
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00009-24                                            2024144__
    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 in certain locations; amending s.
    8         377.242, F.S.; prohibiting permitting and construction
    9         of certain structures intended for the drilling or
   10         exploration for, or production or transport of, oil,
   11         gas, or other petroleum products in certain locations;
   12         amending s. 377.803, F.S.; revising the definition of
   13         the term “renewable energy”; creating s. 377.821,
   14         F.S.; providing legislative intent that all
   15         electricity used in this state be generated by
   16         renewable energy by a specified date; providing for
   17         statewide net zero carbon emissions by a specified
   18         date; directing the Office of Energy within the
   19         Department of Agriculture and Consumer Services, in
   20         consultation with other state agencies, Florida
   21         College System institutions and state universities,
   22         public utilities, and other private and public
   23         entities, to develop a unified statewide plan to
   24         generate the state’s electricity from renewable energy
   25         and reduce the state’s carbon emissions by specified
   26         dates; requiring state and public entities to
   27         cooperate as requested; providing plan requirements;
   28         requiring the office to submit the plan to the
   29         Governor and the Legislature by a specified date and
   30         to provide annual updates; creating s. 377.8225, F.S.;
   31         creating the Renewable Energy Workforce Development
   32         Advisory Committee in the Office of Energy; providing
   33         for committee membership, duties, and meetings;
   34         defining the term “environmental justice”; directing
   35         the Commissioner of Agriculture to prepare and submit
   36         a specified annual report to the Legislature by a
   37         specified date; reenacting and amending s. 288.9606,
   38         F.S.; correcting a grammatical error; reenacting ss.
   39         366.92(2)(b), 373.236(7), and 403.973(3)(e) and
   40         (18)(b), F.S., relating to the Florida renewable
   41         energy policy, the duration of permits, and expedited
   42         permitting and comprehensive plans, respectively, to
   43         incorporate the amendments made to s. 366.91, F.S, in
   44         references thereto; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraphs (b) and (e) of subsection (2) of
   49  section 366.91, Florida Statutes, are amended to read:
   50         366.91 Renewable energy.—
   51         (2) As used in this section, the term:
   52         (b) “Biomass” means a power source that consists is
   53  comprised of, but is not limited to, combustible residues or
   54  gases from forest products manufacturing;, waste or coproducts,
   55  byproducts, or products from agricultural and orchard crops;,
   56  waste or coproducts from livestock and poultry operations;,
   57  waste or byproducts from food processing;, urban wood waste;
   58  separated, municipal food, yard, or solid waste; or, municipal
   59  liquid waste treatment operations, and landfill gas.
   60         (e) “Renewable energy” means electrical energy produced
   61  from a method that uses one or more of the following fuels or
   62  energy sources: hydrogen produced or resulting from sources
   63  other than fossil fuels, biomass, solar energy, geothermal
   64  energy, wind energy, ocean energy, and hydroelectric power. The
   65  term includes the alternative energy resource, waste heat, from
   66  sulfuric acid manufacturing operations and electrical energy
   67  produced using pipeline-quality synthetic gas produced from
   68  waste petroleum coke with carbon capture and sequestration.
   69         Section 2. Subsection (10) is added to section 377.24,
   70  Florida Statutes, to read:
   71         377.24 Notice of intention to drill well; permits;
   72  abandoned wells and dry holes.—
   73         (10)Notwithstanding this section, this chapter, or other
   74  laws, without exception, the drilling or exploration for, or
   75  production of, oil, gas, or other petroleum products is
   76  prohibited on state lands and waters of the state.
   77         Section 3. Section 377.242, Florida Statutes, is amended to
   78  read:
   79         377.242 Permits for drilling or exploring and extracting
   80  through well holes or by other means.—The department is vested
   81  with the power and authority:
   82         (1)(a) To issue permits for the drilling for, exploring
   83  for, or production of oil, gas, or other petroleum products
   84  which are to be extracted from below the surface of the land,
   85  including submerged land, only through the well hole drilled for
   86  oil, gas, and other petroleum products.
   87         1. A No structure intended for the drilling for, or
   88  production of, oil, gas, or other petroleum products may not be
   89  permitted or constructed on any submerged land within any bay or
   90  estuary.
   91         2. A No structure intended for the drilling for, or
   92  production of, oil, gas, or other petroleum products may not be
   93  permitted or constructed within 1 mile seaward of the coastline
   94  of the state.
   95         3. A No structure intended for the drilling for, or
   96  production of, oil, gas, or other petroleum products may not be
   97  permitted or constructed within 1 mile of the seaward boundary
   98  of any state, local, or federal park or aquatic or wildlife
   99  preserve or on the surface of a freshwater lake, river, or
  100  stream.
  101         4. A No structure intended for the drilling for, or
  102  production of, oil, gas, or other petroleum products may not be
  103  permitted or constructed within 1 mile inland from the shoreline
  104  of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary
  105  or within 1 mile of any freshwater lake, river, or stream unless
  106  the department is satisfied that the natural resources of such
  107  bodies of water and shore areas of the state will be adequately
  108  protected in the event of accident or blowout.
  109         5. Without exception, after July 1, 1989, a no structure
  110  intended for the drilling for, or production of, oil, gas, or
  111  other petroleum products may not be permitted or constructed
  112  south of 26°00′00″ north latitude off Florida’s west coast and
  113  south of 27°00′00″ north latitude off Florida’s east coast,
  114  within the boundaries of Florida’s territorial seas as defined
  115  in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
  116  intended for the drilling for, or production of, oil, gas, or
  117  other petroleum products may not be permitted or constructed
  118  north of 26°00′00″ north latitude off Florida’s west coast to
  119  the western boundary of the state bordering Alabama as set forth
  120  in s. 1, Art. II of the State Constitution, or located north of
  121  27°00′00″ north latitude off Florida’s east coast to the
  122  northern boundary of the state bordering Georgia as set forth in
  123  s. 1, Art. II of the State Constitution, within the boundaries
  124  of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
  125         (b) Subparagraphs (a)1. and 4. do not apply to permitting
  126  or construction of structures intended for the drilling for, or
  127  production of, oil, gas, or other petroleum products pursuant to
  128  an oil, gas, or mineral lease of such lands by the state under
  129  which lease any valid drilling permits are in effect on the
  130  effective date of this act. If In the event that such permits
  131  contain conditions or stipulations, such conditions and
  132  stipulations shall govern and supersede subparagraphs (a)1. and
  133  4.
  134         (c) The prohibitions of subparagraphs (a)1.-4. in this
  135  subsection do not include “infield gathering lines,” provided no
  136  other placements are not placement is reasonably available and
  137  all other required permits have been obtained.
  138         (2) To issue permits to explore for and extract minerals
  139  which are subject to extraction from the land by means other
  140  than through a well hole.
  141         (3) To issue permits to establish natural gas storage
  142  facilities or construct wells for the injection and recovery of
  143  any natural gas for storage in natural gas storage reservoirs.
  144  
  145  Each permit shall contain an agreement by the permitholder that
  146  the permitholder will not prevent inspection by division
  147  personnel at any time. The provisions of this section
  148  prohibiting permits for drilling or exploring for oil in coastal
  149  waters do not apply to any leases entered into before June 7,
  150  1991. Notwithstanding this section, this chapter, or other laws,
  151  without exception, beginning July 1, 2024, a structure intended
  152  for the drilling or exploration for, or production or transport
  153  of, oil, gas, or other petroleum products may not be permitted
  154  or constructed on state lands or waters of the state.
  155         Section 4. Subsection (4) of section 377.803, Florida
  156  Statutes, is amended to read:
  157         377.803 Definitions.—As used in ss. 377.801-377.804, the
  158  term:
  159         (4) “Renewable energy” means electrical, mechanical, or
  160  thermal energy produced from a method that uses one or more of
  161  the following fuels or energy sources: hydrogen, biomass, as
  162  defined in s. 366.91, solar energy, geothermal energy, wind
  163  energy, ocean energy, tidal energy waste heat, or hydroelectric
  164  power.
  165         Section 5. Section 377.821, Florida Statutes, is created to
  166  read:
  167         377.821State renewable energy goals.—
  168         (1)By 2050, the Legislature intends for 100 percent of the
  169  electricity used in this state to be generated from 100 percent
  170  renewable energy as defined in s. 377.803. By 2051, the
  171  Legislature intends for the state to have net zero carbon
  172  emissions statewide.
  173         (2)Achieving 100 percent renewable energy generation is
  174  intended to provide unique benefits to the state, including all
  175  of the following:
  176         (a)Displacing fossil fuel consumption within this state.
  177         (b)Adding new electrical generating facilities.
  178         (c)Reducing air pollution, particularly criteria pollutant
  179  emissions and toxic air contaminants.
  180         (d)Contributing to the safe and reliable operation of the
  181  electrical grid, including providing predictable electrical
  182  supply, voltage support, lower line losses, and congestion
  183  relief.
  184         (e)Enhancing economic development and job creation in the
  185  clean energy industry.
  186         (3)The Office of Energy within the Department of
  187  Agriculture and Consumer Services, in consultation with other
  188  state agencies, Florida College System institutions and state
  189  universities, public utilities, and other private and public
  190  entities, shall develop a unified statewide plan to generate 100
  191  percent of the state’s electricity from renewable energy by 2050
  192  and reduce the state’s carbon emissions to net zero by 2051. All
  193  public agencies, Florida College System institutions and state
  194  universities, and public utilities shall cooperate with the
  195  office as requested.
  196         (4)The plan must do all of the following:
  197         (a)Include interim goals to reach 50 percent renewable
  198  energy statewide by 2040, 40 percent reduction in carbon
  199  emissions statewide by 2030, and 80 percent reduction in carbon
  200  emissions statewide by 2041.
  201         (b)Require:
  202         1.All private coal-fired and oil-fired electric generating
  203  units to reach zero carbon emissions by 2030.
  204         2.All private natural gas-fired units to reach zero carbon
  205  emissions by 2045, prioritizing reductions by those with higher
  206  rates of emissions and those in and near environmental justice
  207  communities.
  208         3.All municipal natural gas-fired units to reach zero
  209  carbon emissions by 2045, unless the units are converted to
  210  green hydrogen or similar technology that can achieve zero
  211  carbon emissions.
  212         4.All units that use combined heat and power or
  213  cogeneration technology to reach zero carbon emissions by 2045,
  214  unless the units are converted to green hydrogen or similar
  215  technology that can achieve zero carbon emissions.
  216         (c)Provide recommendations for creating:
  217         1.A coal-to-solar program to support the transition of
  218  coal-fired power plants to renewable energy facilities.
  219         2.A commission on market-based carbon pricing solutions.
  220         3.An electric generation task force to investigate carbon
  221  capture and sequestration.
  222         (d)Consider the potential impact of existing and
  223  additional renewable energy incentives and programs with an
  224  emphasis on solar and distributed resources, including energy
  225  storage. The plan must also consider the impact of power
  226  purchase agreements on attaining 100 percent renewable energy
  227  generation. The office shall submit the statewide plan outlining
  228  potential strategies to reach the goals of this section to the
  229  Governor, the President of the Senate, and the Speaker of the
  230  House of Representatives by January 1, 2025, and shall provide
  231  updates on the progress of achieving the state’s renewable
  232  energy goals each January 1 thereafter.
  233         Section 6. Section 377.8225, Florida Statutes, is created
  234  to read:
  235         377.8225Renewable Energy Workforce Development Advisory
  236  Committee.—
  237         (1)(a)The Renewable Energy Workforce Development Advisory
  238  Committee, a committee as defined in s. 20.03, is created in the
  239  Office of Energy within the Department of Agriculture and
  240  Consumer Services and consists of 13 members, all of whom are
  241  appointed by the Commissioner of Agriculture. The appointees
  242  shall include one representative of the Department of
  243  Agriculture and Consumer Services and one representative of the
  244  Department of Commerce, who shall serve as co-chairs of the
  245  advisory committee; one representative of the Department of
  246  Environmental Protection; one representative of the Department
  247  of Education; two representatives of state universities or
  248  colleges with programs or research focused on renewable energy;
  249  and one representative from each of the following:
  250         1.The Florida AFL-CIO.
  251         2.The Florida Building and Construction Trades Council.
  252         3.An organization serving environmental justice
  253  communities. For purposes of this section, the term
  254  “environmental justice” means the fair treatment and meaningful
  255  involvement of all people, regardless of race, color, national
  256  origin, or income, in matters concerning the development,
  257  implementation, and enforcement of environmental laws,
  258  regulations, and policies.
  259         4.A renewable energy business.
  260         5.An occupational training organization.
  261         6.An economic development organization.
  262         7.A community development organization.
  263  
  264  In making these appointments, the commissioner shall consider
  265  the places of residence of the members to ensure statewide
  266  representation.
  267         (b)The term of office of each member of the advisory
  268  committee is 2 years and shall be staggered.
  269         (c)In case of a vacancy on the advisory committee, the
  270  commissioner shall appoint a successor member for the unexpired
  271  portion of the term.
  272         (d)The members of the advisory committee shall serve
  273  without compensation while in the performance of their official
  274  duties.
  275         (2)The advisory committee shall:
  276         (a)Develop, in consultation with the Department of
  277  Commerce, recommendations for a displaced energy workers bill of
  278  rights to provide state support to transitioning energy sector
  279  workers. Once the advisory committee is satisfied with the
  280  recommendations for developing the program, it shall submit the
  281  recommendations to the commissioner for inclusion in the annual
  282  report under subsection (4).
  283         (b)Develop, in consultation with the Department of
  284  Corrections, recommendations for a returning residents clean
  285  jobs training program to provide training for careers in the
  286  clean energy sector to individuals who are currently
  287  incarcerated. Once the advisory committee is satisfied with the
  288  recommendations for developing the program, it shall submit the
  289  recommendations to the commissioner for inclusion in the annual
  290  report under subsection (4).
  291         (c)Develop, in consultation with the Department of
  292  Education, recommendations for an energy transition navigators
  293  program to provide education, outreach, and recruitment to
  294  equity-focused populations to promote awareness of workforce
  295  development programs. Once the advisory committee is satisfied
  296  with the recommendations for developing the program, it shall
  297  submit the recommendations to the commissioner for inclusion in
  298  the annual report under subsection (4).
  299         (d)1.Identify those workers currently employed in the
  300  energy sector and their current training requirements. The
  301  advisory committee shall identify the employment potential of
  302  the energy efficiency industry and the renewable energy industry
  303  and the skills and training needed for workers in those
  304  industries, and make recommendations to the commissioner for
  305  policies to promote employment growth and access to jobs in
  306  those fields. Recommendations of the advisory committee may not
  307  reduce the training required for renewable energy jobs. The
  308  advisory committee shall prioritize maximizing employment
  309  opportunities for residents of environmental justice
  310  communities, minorities, women, and workers displaced in the
  311  transition to renewable energy.
  312         2.By January 1, 2025, the advisory committee shall
  313  establish a target for the number of residents working in the
  314  renewable energy industry by 2028. The advisory committee shall
  315  also establish a target for the number of renewable energy
  316  industry jobs held by residents of environmental justice
  317  communities, proportional to the percentage of residents who
  318  live in environmental justice communities, and the number of
  319  those jobs held by workers displaced in the transition to
  320  renewable energy. The advisory committee shall create similar
  321  targets for each subsequent 5-year period.
  322         3.The advisory committee shall submit an annual report to
  323  the commissioner recommending changes to existing state policies
  324  and programs to meet the targets set forth in subparagraph 2.
  325         (3)The advisory committee shall meet at least three times
  326  annually to review progress in expanding renewable energy
  327  employment. These meetings must be open to members of the public
  328  and must provide opportunities for public comment. At least one
  329  of these meetings must be held in an environmental justice
  330  community each year.
  331         (4)The commissioner shall prepare a report on the findings
  332  and recommendations of the advisory committee and submit the
  333  report to the President of the Senate and the Speaker of the
  334  House of Representatives by January 1, 2025, and each January 1
  335  thereafter.
  336         Section 7. Subsection (7) of section 288.9606, Florida
  337  Statutes, is reenacted and amended to read:
  338         288.9606 Issue of revenue bonds.—
  339         (7) Notwithstanding any provision of this section, the
  340  corporation in its corporate capacity may, without authorization
  341  from a public agency under s. 163.01(7), issue revenue bonds or
  342  other evidence of indebtedness under this section to:
  343         (a) Finance the undertaking of any project within the state
  344  that promotes renewable energy as defined in s. 366.91 or s.
  345  377.803;
  346         (b) Finance the undertaking of any project within the state
  347  that is a project contemplated or allowed under s. 406 of the
  348  American Recovery and Reinvestment Act of 2009; or
  349         (c) If permitted by federal law, finance qualifying
  350  improvement projects within the state under s. 163.08; or.
  351         (d) Finance the costs of acquisition or construction of a
  352  transportation facility by a private entity or consortium of
  353  private entities under a public-private partnership agreement
  354  authorized by s. 334.30.
  355         Section 8. For the purpose of incorporating the amendment
  356  made by this act to section 366.91, Florida Statutes, in a
  357  reference thereto, paragraph (b) of subsection (2) of section
  358  366.92, Florida Statutes, is reenacted to read:
  359         366.92 Florida renewable energy policy.—
  360         (2) As used in this section, the term:
  361         (b) “Renewable energy” includes renewable energy and
  362  renewable natural gas as those terms are defined in s.
  363  366.91(2).
  364         Section 9. For the purpose of incorporating the amendment
  365  made by this act to section 366.91, Florida Statutes, in a
  366  reference thereto, subsection (7) of section 373.236, Florida
  367  Statutes, is reenacted to read:
  368         373.236 Duration of permits; compliance reports.—
  369         (7) A permit approved for a renewable energy generating
  370  facility or the cultivation of agricultural products on lands
  371  consisting of 1,000 acres or more for use in the production of
  372  renewable energy, as defined in s. 366.91(2)(e), shall be
  373  granted for a term of at least 25 years at the applicant’s
  374  request based on the anticipated life of the facility if there
  375  is sufficient data to provide reasonable assurance that the
  376  conditions for permit issuance will be met for the duration of
  377  the permit; otherwise, a permit may be issued for a shorter
  378  duration that reflects the longest period for which such
  379  reasonable assurances are provided. Such a permit is subject to
  380  compliance reports under subsection (4).
  381         Section 10. For the purpose of incorporating the amendment
  382  made by this act to section 366.91, Florida Statutes, in
  383  references thereto, paragraph (e) of subsection (3) and
  384  paragraph (b) of subsection (18) of section 403.973, Florida
  385  Statutes, are reenacted to read:
  386         403.973 Expedited permitting; amendments to comprehensive
  387  plans.—
  388         (3)
  389         (e) Projects resulting in the production of biofuels
  390  cultivated on lands that are 1,000 acres or more or in the
  391  construction of a biofuel or biodiesel processing facility or a
  392  facility generating renewable energy, as defined in s.
  393  366.91(2)(e), are eligible for the expedited permitting process.
  394         (18) The following projects are ineligible for review under
  395  this part:
  396         (b) A project, the primary purpose of which is to:
  397         1. Effect the final disposal of solid waste, biomedical
  398  waste, or hazardous waste in this state.
  399         2. Produce electrical power, unless the production of
  400  electricity is incidental and not the primary function of the
  401  project or the electrical power is derived from a fuel source
  402  for renewable energy as defined in s. 366.91(2)(e).
  403         3. Extract natural resources.
  404         4. Produce oil.
  405         5. Construct, maintain, or operate an oil, petroleum, or
  406  sewage pipeline.
  407         Section 11. This act shall take effect July 1, 2024.