Florida Senate - 2024                      CS for CS for SB 1624
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Regulated Industries; and
       Senator Collins
       
       
       
       601-03513-24                                          20241624c2
    1                        A bill to be entitled                      
    2         An act relating to energy resources; creating s.
    3         163.3210, F.S.; providing legislative intent; defining
    4         terms; providing that resilience facilities are a
    5         permitted use in certain land use categories in local
    6         government comprehensive plans and specified districts
    7         if certain criteria are met; authorizing local
    8         governments to adopt ordinances specifying certain
    9         requirements for resiliency facilities if such
   10         ordinances meet certain requirements; prohibiting
   11         amendments after a specified date to a local
   12         government’s comprehensive plan, land use map, zoning
   13         districts, or land development regulations if such
   14         amendments would conflict with resiliency facility
   15         classification; amending s. 286.29, F.S.; revising
   16         energy guidelines for public businesses; eliminating
   17         the requirement that the Department of Management
   18         Services develop and maintain the Florida Climate
   19         Friendly Preferred Products List; deleting the
   20         requirement that state agencies contract for meeting
   21         and conference space only with facilities that have a
   22         Green Lodging designations; deleting the requirement
   23         that state agencies, state universities, community
   24         colleges, and local governments that procure new
   25         vehicles under a state purchasing plan select certain
   26         vehicles under a specified circumstance; requiring the
   27         Department of Management Services to develop a Florida
   28         Humane Preferred Energy Products List in consultation
   29         with the Department of Commerce and the Department of
   30         Agriculture and Consumer Services; providing
   31         assessment requirements developing the list; defining
   32         the term “forced labor”; requiring state agencies and
   33         political subdivisions that procure energy products
   34         from state term contracts to consult the list and
   35         purchase or procure such products; prohibiting state
   36         agencies and political subdivisions from purchasing or
   37         procuring products not included on the list; amending
   38         s. 366.032, F.S.; including development districts as a
   39         type of political subdivision for purposes of
   40         preemption over utility service restrictions; creating
   41         s. 366.042, F.S.; requiring electric cooperatives and
   42         municipal electric utilities to enter into and
   43         maintain at least one mutual aid agreement or pre
   44         event agreement with certain entities for purposes of
   45         restoring power after a natural disaster; requiring
   46         electric cooperatives and municipal electric utilities
   47         to annually submit attestations of compliance to the
   48         Public Service Commission; requiring the commission to
   49         compile the attestations and annually submit a copy of
   50         such attestations to the Division of Emergency
   51         Management; providing that the submission of such
   52         attestations makes electric cooperatives and municipal
   53         electric utilities eligible to receive state financial
   54         assistance; providing that electric cooperatives and
   55         municipal electric utilities that do not submit such
   56         attestations are not eligible to receive state
   57         financial assistance until such attestations are
   58         submitted; providing construction; amending s. 366.94,
   59         F.S.; removing terminology; authorizing the commission
   60         to approve voluntary electric vehicle charging
   61         programs upon petition of a public utility, to become
   62         effective on or after a specified date, if certain
   63         requirements are met; providing applicability;
   64         creating s. 366.99, F.S.; defining terms; authorizing
   65         public utilities to submit to the commission a
   66         petition for a proposed cost recovery for certain
   67         natural gas facilities relocation costs; requiring the
   68         commission to conduct annual proceedings to determine
   69         each utility’s prudently incurred natural gas
   70         facilities relocation costs and to allow for the
   71         recovery of such costs; providing requirements for the
   72         commission’s review; providing requirements for the
   73         allocation of such recovered costs; requiring the
   74         commission to adopt rules; providing a timeframe for
   75         such rulemaking; amending s. 377.601, F.S.; revising
   76         legislative intent; amending s. 377.6015, F.S.;
   77         revising the powers and duties of the Department of
   78         Agriculture and Consumer Services; conforming
   79         provisions to changes made by the act; amending s.
   80         377.703, F.S.; revising additional functions of the
   81         department relating to energy resources; conforming
   82         provisions to changes made by the act; creating s.
   83         377.708, F.S.; defining terms; prohibiting the
   84         construction, operation, or expansion of certain wind
   85         energy facilities and wind turbines in this state;
   86         requiring the Department of Environmental Protection
   87         to review applications for federal wind energy leases
   88         in territorial waters of the United States adjacent to
   89         waters of this state and signify its approval or
   90         objection to such applications; authorizing the
   91         department to seek injunctive relief for violations;
   92         repealing ss. 377.801, 377.802, 377.803, 377.804,
   93         377.808, 377.809, and 377.816, F.S., relating to the
   94         Florida Energy and Climate Protection Act, the purpose
   95         of the act, definitions under the act, the Renewable
   96         Energy and Energy-Efficient Technologies Grants
   97         Program, the Florida Green Government Grants Act, the
   98         Energy Economic Zone Pilot Program, and the Qualified
   99         Energy Conservation Bond Allocation Program,
  100         respectively; prohibiting the approval of new or
  101         additional applications, certifications, or
  102         allocations under such programs; prohibiting new
  103         contracts, agreements, and awards under such programs;
  104         rescinding all certifications or allocations issued
  105         under such programs; providing an exception; providing
  106         applicability relating to existing contracts or
  107         agreements under such programs; amending ss. 220.193,
  108         288.9606, and 380.0651, F.S.; conforming provisions to
  109         changes made by the act; amending s. 403.9405, F.S.;
  110         revising the applicability of the Natural Gas
  111         Transmission Pipeline Siting Act; amending s.
  112         720.3075, F.S.; prohibiting certain homeowners’
  113         association documents from precluding certain types or
  114         fuel sources of energy production and the use of
  115         certain appliances; defining the term “appliance”;
  116         requiring the commission to conduct an assessment of
  117         the security and resiliency of the state’s electric
  118         grid and natural gas facilities against physical
  119         threats and cyber threats; requiring the commission to
  120         consult with the Division of Emergency Management and
  121         the Florida Digital Service; requiring cooperation
  122         from all operating facilities in the state relating to
  123         such assessment; requiring the commission to submit by
  124         a specified date a report of such assessment to the
  125         Governor and the Legislature; providing additional
  126         content requirements for such report; requiring the
  127         commission to study and evaluate the technical and
  128         economic feasibility of using advanced nuclear power
  129         technologies to meet the electrical power needs of
  130         this state; requiring the commission to research means
  131         to encourage and foster the installation and use of
  132         such technologies at military installations in
  133         partnership with public utilities; requiring the
  134         commission to consult with the Department of
  135         Environmental Protection and the Division of Emergency
  136         Management; requiring the commission to submit by a
  137         specified date a report to the Governor and the
  138         Legislature which contains its findings and any
  139         additional recommendations for potential legislative
  140         or administrative actions; requiring the Department of
  141         Transportation, in consultation with the Office of
  142         Energy within the Department of Agriculture and
  143         Consumer Services, to study and evaluate the potential
  144         development of hydrogen fueling infrastructure to
  145         support hydrogen-powered vehicles; requiring the
  146         Department of Transportation to submit by a specified
  147         date a report to the Governor and the Legislature
  148         which contains its findings and recommendations for
  149         legislative or administrative actions that may
  150         accommodate the future development of hydrogen fueling
  151         infrastructure; providing an effective date.
  152          
  153  Be It Enacted by the Legislature of the State of Florida:
  154  
  155         Section 1. Section 163.3210, Florida Statutes, is created
  156  to read:
  157         163.3210 Natural gas resiliency and reliability
  158  infrastructure.—
  159         (1) It is the intent of the Legislature to maintain,
  160  encourage, and ensure adequate and reliable fuel sources for
  161  public utilities. The resiliency and reliability of fuel sources
  162  for public utilities is critical to the state’s economy; the
  163  ability of the state to recover from natural disasters; and the
  164  health, safety, welfare, and quality of life of the residents of
  165  the state.
  166         (2) As used in this section, the term:
  167         (a) “Natural gas” means all forms of fuel commonly or
  168  commercially known or sold as natural gas, including compressed
  169  natural gas and liquefied natural gas.
  170         (b) “Natural gas reserve” means a facility that is capable
  171  of storing and transporting and, when operational, actively
  172  stores and transports a supply of natural gas.
  173         (c) “Public utility” has the same meaning as defined in s.
  174  366.02.
  175         (d) “Resiliency facility” means a facility owned and
  176  operated by a public utility for the purposes of assembling,
  177  creating, holding, securing, or deploying natural gas reserves
  178  for temporary use during a system outage or natural disaster.
  179         (3) A resiliency facility is a permitted use in all
  180  commercial, industrial, and manufacturing land use categories in
  181  a local government comprehensive plan and all commercial,
  182  industrial, and manufacturing districts. A resiliency facility
  183  must comply with the setback and landscape criteria for other
  184  similar uses. A local government may adopt an ordinance
  185  specifying buffer and landscaping requirements for resiliency
  186  facilities, provided such requirements do not exceed the
  187  requirements for similar uses involving the construction of
  188  other facilities that are permitted uses in commercial,
  189  industrial, and manufacturing land use categories and zoning
  190  districts.
  191         (4) After July 1, 2024, a local government may not amend
  192  its comprehensive plan, land use map, zoning districts, or land
  193  development regulations in a manner that would conflict with a
  194  resiliency facility’s classification as a permitted and
  195  allowable use, including, but not limited to, an amendment that
  196  causes a resiliency facility to be a nonconforming use,
  197  structure, or development.
  198         Section 2. Section 286.29, Florida Statutes, is amended to
  199  read:
  200         286.29 Energy guidelines for Climate-friendly public
  201  business.—The Legislature recognizes the importance of
  202  leadership by state government in the area of energy efficiency
  203  and in reducing the greenhouse gas emissions of state government
  204  operations. The following shall pertain to all state agencies
  205  when conducting public business:
  206         (1) The Department of Management Services shall develop the
  207  “Florida Climate-Friendly Preferred Products List.” In
  208  maintaining that list, the department, in consultation with the
  209  Department of Environmental Protection, shall continually assess
  210  products currently available for purchase under state term
  211  contracts to identify specific products and vendors that offer
  212  clear energy efficiency or other environmental benefits over
  213  competing products. When procuring products from state term
  214  contracts, state agencies shall first consult the Florida
  215  Climate-Friendly Preferred Products List and procure such
  216  products if the price is comparable.
  217         (2) State agencies shall contract for meeting and
  218  conference space only with hotels or conference facilities that
  219  have received the “Green Lodging” designation from the
  220  Department of Environmental Protection for best practices in
  221  water, energy, and waste efficiency standards, unless the
  222  responsible state agency head makes a determination that no
  223  other viable alternative exists.
  224         (1)(3) Each state agency shall ensure that all maintained
  225  vehicles meet minimum maintenance schedules shown to reduce fuel
  226  consumption, which include:
  227         (a) Ensuring appropriate tire pressures and tread depth.;
  228         (b) Replacing fuel filters and emission filters at
  229  recommended intervals.;
  230         (c) Using proper motor oils.; and
  231         (d) Performing timely motor maintenance.
  232  
  233  Each state agency shall measure and report compliance to the
  234  Department of Management Services through the Equipment
  235  Management Information System database.
  236         (4) When procuring new vehicles, all state agencies, state
  237  universities, community colleges, and local governments that
  238  purchase vehicles under a state purchasing plan shall first
  239  define the intended purpose for the vehicle and determine which
  240  of the following use classes for which the vehicle is being
  241  procured:
  242         (a) State business travel, designated operator;
  243         (b) State business travel, pool operators;
  244         (c) Construction, agricultural, or maintenance work;
  245         (d) Conveyance of passengers;
  246         (e) Conveyance of building or maintenance materials and
  247  supplies;
  248         (f) Off-road vehicle, motorcycle, or all-terrain vehicle;
  249         (g) Emergency response; or
  250         (h) Other.
  251  
  252  Vehicles described in paragraphs (a) through (h), when being
  253  processed for purchase or leasing agreements, must be selected
  254  for the greatest fuel efficiency available for a given use class
  255  when fuel economy data are available. Exceptions may be made for
  256  individual vehicles in paragraph (g) when accompanied, during
  257  the procurement process, by documentation indicating that the
  258  operator or operators will exclusively be emergency first
  259  responders or have special documented need for exceptional
  260  vehicle performance characteristics. Any request for an
  261  exception must be approved by the purchasing agency head and any
  262  exceptional performance characteristics denoted as a part of the
  263  procurement process prior to purchase.
  264         (2)(5) All state agencies shall use ethanol and biodiesel
  265  blended fuels when available. State agencies administering
  266  central fueling operations for state-owned vehicles shall
  267  procure biofuels for fleet needs to the greatest extent
  268  practicable.
  269         (3)(a) The Department of Management Services shall, in
  270  consultation with the Department of Commerce and the Department
  271  of Agriculture and Consumer Services, develop a Florida Humane
  272  Preferred Energy Products List. In developing the list, the
  273  department must assess products currently available for purchase
  274  under state term contracts that contain or consist of an energy
  275  storage device with a capacity of greater than one kilowatt-hour
  276  or that contain or consist of an energy generation device with a
  277  capacity of greater than 500 watts and identify specific
  278  products that appear to be largely made free from forced labor,
  279  irrespective of the age of the worker. For purposes of this
  280  subsection, the term “forced labor” means any work performed or
  281  service rendered that is:
  282         1. Obtained by intimidation, fraud, or coercion, including
  283  by threat of serious bodily harm to, or physical restraint
  284  against, a person, by means of a scheme intended to cause the
  285  person to believe that if he or she does not perform such labor
  286  or render such service, the person will suffer serious bodily
  287  harm or physical restraint, or by means of the abuse or
  288  threatened abuse of law or the legal process;
  289         2. Imposed on the basis of a characteristic that has been
  290  held by the United States Supreme Court or the Florida Supreme
  291  Court to be protected against discrimination under the
  292  Fourteenth Amendment to the United States Constitution or under
  293  s. 2, Art. I of the State Constitution, including race, color,
  294  national origin, religion, gender, or physical disability;
  295         3. Not performed or rendered voluntarily by a person; or
  296         4. In violation of the Child Labor Law or otherwise
  297  performed or rendered through oppressive child labor.
  298         (b) When procuring the types of energy products described
  299  in paragraph (a) from state term contracts, state agencies and
  300  political subdivisions shall first consult the Florida Humane
  301  Preferred Energy Products List and may not purchase or procure
  302  products not included in the list.
  303         Section 3. Subsections (1), (2), and (5) of section
  304  366.032, Florida Statutes, are amended to read:
  305         366.032 Preemption over utility service restrictions.—
  306         (1) A municipality, county, special district, development
  307  district, or other political subdivision of the state may not
  308  enact or enforce a resolution, ordinance, rule, code, or policy
  309  or take any action that restricts or prohibits or has the effect
  310  of restricting or prohibiting the types or fuel sources of
  311  energy production which may be used, delivered, converted, or
  312  supplied by the following entities to serve customers that such
  313  entities are authorized to serve:
  314         (a) A public utility or an electric utility as defined in
  315  this chapter;
  316         (b) An entity formed under s. 163.01 that generates, sells,
  317  or transmits electrical energy;
  318         (c) A natural gas utility as defined in s. 366.04(3)(c);
  319         (d) A natural gas transmission company as defined in s.
  320  368.103; or
  321         (e) A Category I liquefied petroleum gas dealer or Category
  322  II liquefied petroleum gas dispenser or Category III liquefied
  323  petroleum gas cylinder exchange operator as defined in s.
  324  527.01.
  325         (2) Except to the extent necessary to enforce the Florida
  326  Building Code adopted pursuant to s. 553.73 or the Florida Fire
  327  Prevention Code adopted pursuant to s. 633.202, a municipality,
  328  county, special district, development district, or other
  329  political subdivision of the state may not enact or enforce a
  330  resolution, an ordinance, a rule, a code, or a policy or take
  331  any action that restricts or prohibits or has the effect of
  332  restricting or prohibiting the use of an appliance, including a
  333  stove or grill, which uses the types or fuel sources of energy
  334  production which may be used, delivered, converted, or supplied
  335  by the entities listed in subsection (1). As used in this
  336  subsection, the term “appliance” means a device or apparatus
  337  manufactured and designed to use energy and for which the
  338  Florida Building Code or the Florida Fire Prevention Code
  339  provides specific requirements.
  340         (5) Any municipality, county, special district, development
  341  district, or political subdivision charter, resolution,
  342  ordinance, rule, code, policy, or action that is preempted by
  343  this act that existed before or on July 1, 2021, is void.
  344         Section 4. Section 366.042, Florida Statutes, is created to
  345  read:
  346         366.042 Mutual aid agreements of electric cooperatives and
  347  municipal electric utilities.—
  348         (1) For the purposes of restoring power following a natural
  349  disaster that is subject to a state of emergency declared by the
  350  Governor, all electric cooperatives and municipal electric
  351  utilities shall enter into and maintain, at a minimum, one of
  352  the following:
  353         (a) A mutual aid agreement with a municipal electric
  354  utility;
  355         (b) A mutual aid agreement with an electric cooperative;
  356         (c) A mutual aid agreement with a public utility; or
  357         (d) A pre-event agreement with a private contractor.
  358         (2) All electric cooperatives and municipal electric
  359  utilities operating in this state shall annually submit to the
  360  commission an attestation, in conformity with s. 92.525, stating
  361  that the organization has complied with the requirements of this
  362  section on or before May 15. Nothing in this section shall be
  363  construed to give the commission jurisdiction over the terms and
  364  conditions of a mutual aid agreement or agreement with a private
  365  contractor entered into by an electric cooperative or a
  366  municipal electric utility.
  367         (3) The commission shall compile the attestations and
  368  annually submit a copy to the Division of Emergency Management
  369  no later than May 30.
  370         (4) An electric cooperative or municipal electric utility
  371  that submits the attestation required by this section is
  372  eligible to receive state financial assistance, if such funding
  373  is available, for power restoration efforts following a natural
  374  disaster that is subject to a state of emergency declared by the
  375  Governor.
  376         (5) An electric cooperative or municipal electric utility
  377  that does not submit an attestation required by this section is
  378  ineligible to receive state financial assistance for power
  379  restoration efforts following a natural disaster that is subject
  380  to a state of emergency declared by the Governor, until such
  381  time as the attestation is submitted.
  382         (6) Nothing in this section shall be construed to prohibit,
  383  limit, or disqualify an electric cooperative or municipal
  384  electric utility from receiving funding under The Stafford Act,
  385  42 U.S.C. 5121 et seq., or any other federal program, including
  386  programs administered by the state.
  387         (7) This section does not expand or alter the jurisdiction
  388  of the commission over public utilities or electric utilities.
  389         Section 5. Subsection (4) is added to section 366.94,
  390  Florida Statutes, to read:
  391         366.94 Electric vehicle charging stations.—
  392         (4) Upon petition of a public utility, the commission may
  393  approve voluntary electric vehicle charging programs to become
  394  effective on or after January 1, 2025, to include, but not be
  395  limited to, residential, fleet, and public electric vehicle
  396  charging, upon a determination by the commission that the
  397  utility’s general body of ratepayers, as a whole, will not pay
  398  to support recovery of its electric vehicle charging investment
  399  by the end of the useful life of the assets dedicated to the
  400  electric vehicle charging service. This provision does not
  401  preclude cost recovery for electric vehicle charging programs
  402  approved by the commission before January 1, 2024.
  403         Section 6. Section 366.99, Florida Statutes, is created to
  404  read:
  405         366.99 Natural gas facilities relocation costs.—
  406         (1) As used in this section, the term:
  407         (a) “Authority” has the same meaning as in s.
  408  337.401(1)(a).
  409         (b) “Facilities relocation” means the physical moving,
  410  modification, or reconstruction of public utility facilities to
  411  accommodate the requirements imposed by an authority.
  412         (c) “Natural gas facilities” or “facilities” means gas
  413  mains, laterals, and service lines used to distribute natural
  414  gas to customers. The term includes all ancillary equipment
  415  needed for safe operations, including, but not limited to,
  416  regulating stations, meters, other measuring devices,
  417  regulators, and pressure monitoring equipment.
  418         (d) “Natural gas facilities relocation costs” means the
  419  costs to relocate or reconstruct facilities as required by a
  420  mandate, a statute, a law, an ordinance, or an agreement between
  421  the utility and an authority, including, but not limited to,
  422  costs associated with reviewing plans provided by an authority.
  423  The term does not include any costs recovered through the public
  424  utility’s base rates.
  425         (e) “Public utility” or “utility” has the same meaning as
  426  in s. 366.02, except that the term does not include an electric
  427  utility.
  428         (2) A utility may submit to the commission, pursuant to
  429  commission rule, a petition describing the utility’s projected
  430  natural gas facilities relocation costs for the next calendar
  431  year, actual natural gas facilities relocation costs for the
  432  prior calendar year, and proposed cost-recovery factors designed
  433  to recover such costs. A utility’s decision to proceed with
  434  implementing a plan before filing such a petition does not
  435  constitute imprudence.
  436         (3) The commission shall conduct an annual proceeding to
  437  determine each utility’s prudently incurred natural gas
  438  facilities relocation costs and to allow each utility to recover
  439  such costs through a charge separate and apart from base rates,
  440  to be referred to as the natural gas facilities relocation cost
  441  recovery clause. The commission’s review in the proceeding is
  442  limited to determining the prudence of the utility’s actual
  443  incurred natural gas facilities relocation costs and the
  444  reasonableness of the utility’s projected natural gas facilities
  445  relocation costs for the following calendar year; and providing
  446  for a true-up of the costs with the projections on which past
  447  factors were set. The commission shall require that any refund
  448  or collection made as a part of the true-up process includes
  449  interest.
  450         (4) All costs approved for recovery through the natural gas
  451  facilities relocation cost recovery clause must be allocated to
  452  customer classes pursuant to the rate design most recently
  453  approved by the commission.
  454         (5) If a capital expenditure is recoverable as a natural
  455  gas facilities relocation cost, the public utility may recover
  456  the annual depreciation on the cost, calculated at the public
  457  utility’s current approved depreciation rates, and a return on
  458  the undepreciated balance of the costs at the public utility’s
  459  weighted average cost of capital using the last approved return
  460  on equity.
  461         (6) The commission shall adopt rules to implement and
  462  administer this section and shall propose a rule for adoption as
  463  soon as practicable after July 1, 2024.
  464         Section 7. Section 377.601, Florida Statutes, is amended to
  465  read:
  466         377.601 Legislative intent.—
  467         (1) The purpose of the state’s energy policy is to ensure
  468  an adequate, reliable, and cost-effective supply of energy for
  469  the state in a manner that promotes the health and welfare of
  470  the public and economic growth. The Legislature intends that
  471  governance of the state’s energy policy be efficiently directed
  472  toward achieving this purpose The Legislature finds that the
  473  state’s energy security can be increased by lessening dependence
  474  on foreign oil; that the impacts of global climate change can be
  475  reduced through the reduction of greenhouse gas emissions; and
  476  that the implementation of alternative energy technologies can
  477  be a source of new jobs and employment opportunities for many
  478  Floridians. The Legislature further finds that the state is
  479  positioned at the front line against potential impacts of global
  480  climate change. Human and economic costs of those impacts can be
  481  averted by global actions and, where necessary, adapted to by a
  482  concerted effort to make Florida’s communities more resilient
  483  and less vulnerable to these impacts. In focusing the
  484  government’s policy and efforts to benefit and protect our
  485  state, its citizens, and its resources, the Legislature believes
  486  that a single government entity with a specific focus on energy
  487  and climate change is both desirable and advantageous. Further,
  488  the Legislature finds that energy infrastructure provides the
  489  foundation for secure and reliable access to the energy supplies
  490  and services on which Florida depends. Therefore, there is
  491  significant value to Florida consumers that comes from
  492  investment in Florida’s energy infrastructure that increases
  493  system reliability, enhances energy independence and
  494  diversification, stabilizes energy costs, and reduces greenhouse
  495  gas emissions.
  496         (2) For the purposes of subsection (1), the state’s energy
  497  policy must be guided by the following goals:
  498         (a) Ensuring a cost-effective and affordable energy supply.
  499         (b) Ensuring adequate supply and capacity.
  500         (c) Ensuring a secure, resilient, and reliable energy
  501  supply, with an emphasis on a diverse supply of domestic energy
  502  resources.
  503         (d) Protecting public safety.
  504         (e) Protecting the state’s natural resources, including its
  505  coastlines, tributaries, and waterways.
  506         (f) Supporting economic growth.
  507         (3)(2)In furtherance of the goals in subsection (2), it is
  508  the policy of the state of Florida to:
  509         (a) Develop and Promote the cost-effective development and
  510  effective use of a diverse supply of domestic energy resources
  511  in the state and, discourage all forms of energy waste, and
  512  recognize and address the potential of global climate change
  513  wherever possible.
  514         (b) Promote the cost-effective development and maintenance
  515  of energy infrastructure that is resilient to natural and
  516  manmade threats to the security and reliability of the state’s
  517  energy supply Play a leading role in developing and instituting
  518  energy management programs aimed at promoting energy
  519  conservation, energy security, and the reduction of greenhouse
  520  gas emissions.
  521         (c) Reduce reliance on foreign energy resources.
  522         (d)(c) Include energy reliability and security
  523  considerations in all state, regional, and local planning.
  524         (e)(d) Utilize and manage effectively energy resources used
  525  within state agencies.
  526         (f)(e) Encourage local governments to include energy
  527  considerations in all planning and to support their work in
  528  promoting energy management programs.
  529         (g)(f) Include the full participation of citizens in the
  530  development and implementation of energy programs.
  531         (h)(g) Consider in its decisions the energy needs of each
  532  economic sector, including residential, industrial, commercial,
  533  agricultural, and governmental uses, and reduce those needs
  534  whenever possible.
  535         (i)(h) Promote energy education and the public
  536  dissemination of information on energy and its impacts in
  537  relation to the goals in subsection (2) environmental, economic,
  538  and social impact.
  539         (j)(i) Encourage the research, development, demonstration,
  540  and application of domestic energy resources, including the use
  541  of alternative energy resources, particularly renewable energy
  542  resources.
  543         (k)(j) Consider, in its decisionmaking, the impacts of
  544  energy-related activities on the goals in subsection (2) social,
  545  economic, and environmental impacts of energy-related
  546  activities, including the whole-life-cycle impacts of any
  547  potential energy use choices, so that detrimental effects of
  548  these activities are understood and minimized.
  549         (l)(k) Develop and maintain energy emergency preparedness
  550  plans to minimize the effects of an energy shortage within this
  551  state Florida.
  552         Section 8. Subsection (2) of section 377.6015, Florida
  553  Statutes, is amended to read:
  554         377.6015 Department of Agriculture and Consumer Services;
  555  powers and duties.—
  556         (2) The department shall:
  557         (a) Administer the Florida Renewable Energy and Energy
  558  Efficient Technologies Grants Program pursuant to s. 377.804 to
  559  assure a robust grant portfolio.
  560         (a)(b) Develop policy for requiring grantees to provide
  561  royalty-sharing or licensing agreements with state government
  562  for commercialized products developed under a state grant.
  563         (c) Administer the Florida Green Government Grants Act
  564  pursuant to s. 377.808 and set annual priorities for grants.
  565         (b)(d) Administer the information gathering and reporting
  566  functions pursuant to ss. 377.601-377.608.
  567         (e) Administer the provisions of the Florida Energy and
  568  Climate Protection Act pursuant to ss. 377.801-377.804.
  569         (c)(f) Advocate for energy and climate change issues
  570  consistent with the goals in s. 377.601(2) and provide
  571  educational outreach and technical assistance in cooperation
  572  with the state’s academic institutions.
  573         (d)(g) Be a party in the proceedings to adopt goals and
  574  submit comments to the Public Service Commission pursuant to s.
  575  366.82.
  576         (e)(h) Adopt rules pursuant to chapter 120 in order to
  577  implement all powers and duties described in this section.
  578         Section 9. Subsection (1) and paragraphs (e), (f), (h), and
  579  (m) of subsection (2) of section 377.703, Florida Statutes, are
  580  amended to read:
  581         377.703 Additional functions of the Department of
  582  Agriculture and Consumer Services.—
  583         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  584  demand questions have become a major area of concern to the
  585  state which must be dealt with by effective and well-coordinated
  586  state action, it is the intent of the Legislature to promote the
  587  efficient, effective, and economical management of energy
  588  problems, centralize energy coordination responsibilities,
  589  pinpoint responsibility for conducting energy programs, and
  590  ensure the accountability of state agencies for the
  591  implementation of s. 377.601 s. 377.601(2), the state energy
  592  policy. It is the specific intent of the Legislature that
  593  nothing in this act shall in any way change the powers, duties,
  594  and responsibilities assigned by the Florida Electrical Power
  595  Plant Siting Act, part II of chapter 403, or the powers, duties,
  596  and responsibilities of the Florida Public Service Commission.
  597         (2) DUTIES.—The department shall perform the following
  598  functions, unless as otherwise provided, consistent with the
  599  development of a state energy policy:
  600         (e) The department shall analyze energy data collected and
  601  prepare long-range forecasts of energy supply and demand in
  602  coordination with the Florida Public Service Commission, which
  603  is responsible for electricity and natural gas forecasts. To
  604  this end, the forecasts shall contain:
  605         1. An analysis of the relationship of state economic growth
  606  and development to energy supply and demand, including the
  607  constraints to economic growth resulting from energy supply
  608  constraints.
  609         2. Plans for the development of renewable energy resources
  610  and reduction in dependence on depletable energy resources,
  611  particularly oil and natural gas, and An analysis of the extent
  612  to which domestic energy resources, including renewable energy
  613  sources, are being utilized in this the state.
  614         3. Consideration of alternative scenarios of statewide
  615  energy supply and demand for 5, 10, and 20 years to identify
  616  strategies for long-range action, including identification of
  617  potential impacts in relation to the goals in s. 377.601(2)
  618  social, economic, and environmental effects.
  619         4. An assessment of the state’s energy resources, including
  620  examination of the availability of commercially developable and
  621  imported fuels, and an analysis of anticipated impacts in
  622  relation to the goals in s. 377.601(2) effects on the state’s
  623  environment and social services resulting from energy resource
  624  development activities or from energy supply constraints, or
  625  both.
  626         (f) The department shall submit an annual report to the
  627  Governor and the Legislature reflecting its activities and
  628  making recommendations for policies for improvement of the
  629  state’s response to energy supply and demand and its effect on
  630  the health, safety, and welfare of the residents of this state.
  631  The report must include a report from the Florida Public Service
  632  Commission on electricity and natural gas and information on
  633  energy conservation programs conducted and underway in the past
  634  year and include recommendations for energy efficiency and
  635  conservation programs for the state, including:
  636         1. Formulation of specific recommendations for improvement
  637  in the efficiency of energy utilization in governmental,
  638  residential, commercial, industrial, and transportation sectors.
  639         2. Collection and dissemination of information relating to
  640  energy efficiency and conservation.
  641         3. Development and conduct of educational and training
  642  programs relating to energy efficiency and conservation.
  643         4. An analysis of the ways in which state agencies are
  644  seeking to implement s. 377.601 s. 377.601(2), the state energy
  645  policy, and recommendations for better fulfilling this policy.
  646         (h) The department shall promote the development and use of
  647  renewable energy resources, in conformance with chapter 187 and
  648  s. 377.601, by:
  649         1. Establishing goals and strategies for increasing the use
  650  of renewable energy in this state.
  651         1.2. Aiding and promoting the commercialization of
  652  renewable energy resources, in cooperation with the Florida
  653  Energy Systems Consortium; the Florida Solar Energy Center; and
  654  any other federal, state, or local governmental agency that may
  655  seek to promote research, development, and the demonstration of
  656  renewable energy equipment and technology.
  657         2.3. Identifying barriers to greater use of renewable
  658  energy resources in this state, and developing specific
  659  recommendations for overcoming identified barriers, with
  660  findings and recommendations to be submitted annually in the
  661  report to the Governor and Legislature required under paragraph
  662  (f).
  663         3.4. In cooperation with the Department of Environmental
  664  Protection, the Department of Transportation, the Department of
  665  Commerce, the Florida Energy Systems Consortium, the Florida
  666  Solar Energy Center, and the Florida Solar Energy Industries
  667  Association, investigating opportunities, pursuant to the
  668  national Energy Policy Act of 1992, the Housing and Community
  669  Development Act of 1992, and any subsequent federal legislation,
  670  for renewable energy resources, electric vehicles, and other
  671  renewable energy manufacturing, distribution, installation, and
  672  financing efforts that enhance this state’s position as the
  673  leader in renewable energy research, development, and use.
  674         4.5. Undertaking other initiatives to advance the
  675  development and use of renewable energy resources in this state.
  676  
  677  In the exercise of its responsibilities under this paragraph,
  678  the department shall seek the assistance of the renewable energy
  679  industry in this state and other interested parties and may
  680  enter into contracts, retain professional consulting services,
  681  and expend funds appropriated by the Legislature for such
  682  purposes.
  683         (m) In recognition of the devastation to the economy of
  684  this state and the dangers to the health and welfare of
  685  residents of this state caused by severe hurricanes, and the
  686  potential for such impacts caused by other natural disasters,
  687  the Division of Emergency Management shall include in its energy
  688  emergency contingency plan and provide to the Florida Building
  689  Commission for inclusion in the Florida Energy Efficiency Code
  690  for Building Construction specific provisions to facilitate the
  691  use of cost-effective solar energy technologies as emergency
  692  remedial and preventive measures for providing electric power,
  693  street lighting, and water heating service in the event of
  694  electric power outages.
  695         Section 10. Section 377.708, Florida Statutes, is created
  696  to read:
  697         377.708 Wind energy.—
  698         (1) DEFINITIONS.—As used in this section, the term:
  699         (a) “Coastline” means the established line of mean high
  700  water.
  701         (b) “Department” means the Department of Environmental
  702  Protection.
  703         (c) “Offshore wind energy facility” means any wind energy
  704  facility located on waters of this state, including other
  705  buildings, structures, vessels, or electrical transmission
  706  cabling to be sited on waters of this state, or connected to
  707  corresponding onshore substations that are used to support the
  708  operation of one or more wind turbines sited or constructed on
  709  waters of this state and any submerged lands or territorial
  710  waters that are not under the jurisdiction of the state.
  711         (d) “Real property” has the same meaning as provided in s.
  712  192.001(12).
  713         (e) “Waters of this state” has the same meaning as in s.
  714  327.02, except the term also includes all state submerged lands.
  715         (f) “Wind energy facility” means an electrical wind
  716  generation facility or expansion thereof having at least a 400
  717  watt rated capacity, including substations; meteorological data
  718  towers; aboveground, underground, and electrical transmission
  719  lines; and transformers, control systems, and other buildings or
  720  structures under common ownership or operating control used to
  721  support the operation of the facility the primary purpose of
  722  which is to offer electricity supply for sale.
  723         (g) “Wind turbine” means a device or apparatus that has the
  724  capability to convert kinetic wind energy into rotational energy
  725  that drives an electrical generator consisting of a tower body
  726  and rotator with two or more blades. The term includes both
  727  horizontal and vertical axis turbines. The term does not include
  728  devices used to measure wind speed and direction, such as an
  729  anemometer.
  730         (2) PROHIBITED ACTIVITIES.—
  731         (a) The construction, operation, or expansion of an
  732  offshore wind energy facility in this state is prohibited.
  733         (b) The construction or operation of a wind turbine on real
  734  property within 1 mile of coastline in this state is prohibited.
  735         (c) The construction or operation of a wind turbine on
  736  waters of this state and any submerged lands is prohibited.
  737         (3) REVIEW.—The department shall review all applications
  738  for federal wind energy leases in the territorial waters of the
  739  United States adjacent to waters of this state and shall signify
  740  its approval of or objection to each application.
  741         (4) INJUNCTIVE RELIEF.—The department may bring an action
  742  for injunctive relief against any person who owns, constructs,
  743  or operates an offshore wind energy facility or a wind turbine
  744  in this state in violation of this section.
  745         Section 11. Sections 377.801, 377.802, 377.803, 377.804,
  746  377.808, 377.809, and 377.816, Florida Statutes, are repealed.
  747         Section 12. (1) For programs established pursuant to s.
  748  377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
  749  Statutes, there may not be:
  750         (a) New or additional applications, certifications, or
  751  allocations approved.
  752         (b) New letters of certification issued.
  753         (c) New contracts or agreements executed.
  754         (d) New awards made.
  755         (2) All certifications or allocations issued under such
  756  programs are rescinded except for the certifications of, or
  757  allocations to, those certified applicants or projects that
  758  continue to meet the applicable criteria in effect before July
  759  1, 2024. Any existing contract or agreement authorized under any
  760  of these programs shall continue in full force and effect in
  761  accordance with the statutory requirements in effect when the
  762  contract or agreement was executed or last modified. However,
  763  further modifications, extensions, or waivers may not be made or
  764  granted relating to such contracts or agreements, except
  765  computations by the Department of Revenue of the income
  766  generated by or arising out of the qualifying project.
  767         Section 13. Paragraph (d) of subsection (2) of section
  768  220.193, Florida Statutes, is amended to read:
  769         220.193 Florida renewable energy production credit.—
  770         (2) As used in this section, the term:
  771         (d) “Florida renewable energy facility” means a facility in
  772  the state that produces electricity for sale from renewable
  773  energy, as defined in s. 377.803.
  774         Section 14. Subsection (7) of section 288.9606, Florida
  775  Statutes, is amended to read:
  776         288.9606 Issue of revenue bonds.—
  777         (7) Notwithstanding any provision of this section, the
  778  corporation in its corporate capacity may, without authorization
  779  from a public agency under s. 163.01(7), issue revenue bonds or
  780  other evidence of indebtedness under this section to:
  781         (a) Finance the undertaking of any project within the state
  782  that promotes renewable energy as defined in s. 366.91 or s.
  783  377.803;
  784         (b) Finance the undertaking of any project within the state
  785  that is a project contemplated or allowed under s. 406 of the
  786  American Recovery and Reinvestment Act of 2009; or
  787         (c) If permitted by federal law, finance qualifying
  788  improvement projects within the state under s. 163.08; or.
  789         (d) Finance the costs of acquisition or construction of a
  790  transportation facility by a private entity or consortium of
  791  private entities under a public-private partnership agreement
  792  authorized by s. 334.30.
  793         Section 15. Paragraph (w) of subsection (2) of section
  794  380.0651, Florida Statutes, is amended to read:
  795         380.0651 Statewide guidelines, standards, and exemptions.—
  796         (2) STATUTORY EXEMPTIONS.—The following developments are
  797  exempt from s. 380.06:
  798         (w) Any development in an energy economic zone designated
  799  pursuant to s. 377.809 upon approval by its local governing
  800  body.
  801  
  802  If a use is exempt from review pursuant to paragraphs (a)-(u),
  803  but will be part of a larger project that is subject to review
  804  pursuant to s. 380.06(12), the impact of the exempt use must be
  805  included in the review of the larger project, unless such exempt
  806  use involves a development that includes a landowner, tenant, or
  807  user that has entered into a funding agreement with the state
  808  land planning agency under the Innovation Incentive Program and
  809  the agreement contemplates a state award of at least $50
  810  million.
  811         Section 16. Subsection (2) of section 403.9405, Florida
  812  Statutes, is amended to read:
  813         403.9405 Applicability; certification; exemption; notice of
  814  intent.—
  815         (2) No construction of A natural gas transmission pipeline
  816  may not be constructed be undertaken after October 1, 1992,
  817  without first obtaining certification under ss. 403.9401
  818  403.9425, but these sections do not apply to:
  819         (a) Natural gas transmission pipelines which are less than
  820  100 15 miles in length or which do not cross a county line,
  821  unless the applicant has elected to apply for certification
  822  under ss. 403.9401-403.9425.
  823         (b) Natural gas transmission pipelines for which a
  824  certificate of public convenience and necessity has been issued
  825  under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
  826  natural gas transmission pipeline certified as an associated
  827  facility to an electrical power plant pursuant to the Florida
  828  Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
  829  the applicant elects to apply for certification of that pipeline
  830  under ss. 403.9401-403.9425.
  831         (c) Natural gas transmission pipelines that are owned or
  832  operated by a municipality or any agency thereof, by any person
  833  primarily for the local distribution of natural gas, or by a
  834  special district created by special act to distribute natural
  835  gas, unless the applicant elects to apply for certification of
  836  that pipeline under ss. 403.9401-403.9425.
  837         Section 17. Subsection (3) of section 720.3075, Florida
  838  Statutes, is amended to read:
  839         720.3075 Prohibited clauses in association documents.—
  840         (3) Homeowners’ association documents, including
  841  declarations of covenants, articles of incorporation, or bylaws,
  842  may not preclude:
  843         (a) The display of up to two portable, removable flags as
  844  described in s. 720.304(2)(a) by property owners. However, all
  845  flags must be displayed in a respectful manner consistent with
  846  the requirements for the United States flag under 36 U.S.C.
  847  chapter 10.
  848         (b) Types or fuel sources of energy production which may be
  849  used, delivered, converted, or supplied by the following
  850  entities to serve customers within the association that such
  851  entities are authorized to serve:
  852         1. A public utility or an electric utility as defined in
  853  chapter 366;
  854         2. An entity formed under s. 163.01 that generates, sells,
  855  or transmits electrical energy;
  856         3. A natural gas utility as defined in s. 366.04(3)(c);
  857         4. A natural gas transmission company as defined in s.
  858  368.103; or
  859         5. A Category I liquefied petroleum gas dealer, a Category
  860  II liquefied petroleum gas dispenser, or a Category III
  861  liquefied petroleum gas cylinder exchange operator as defined in
  862  s. 527.01.
  863         (c) The use of an appliance, including a stove or grill,
  864  which uses the types or fuel sources of energy production which
  865  may be used, delivered, converted, or supplied by the entities
  866  listed in paragraph (b). As used in this paragraph, the term
  867  “appliance” means a device or apparatus manufactured and
  868  designed to use energy and for which the Florida Building Code
  869  or the Florida Fire Prevention Code provides specific
  870  requirements.
  871         Section 18. (1) The Public Service Commission shall conduct
  872  an assessment of the security and resiliency of the state’s
  873  electric grid and natural gas facilities against both physical
  874  threats and cyber threats. In conducting this assessment, the
  875  commission shall consult with the Division of Emergency
  876  Management and, in its assessment of cyber threats, shall
  877  consult with the Florida Digital Service. All electric
  878  utilities, natural gas utilities, and natural gas pipelines
  879  operating in this state, regardless of ownership structure,
  880  shall cooperate with the commission to provide access to all
  881  information necessary to conduct the assessment.
  882         (2) By July 1, 2025, the commission shall submit a report
  883  of its assessment to the Governor, the President of the Senate,
  884  and the Speaker of the House of Representatives. The report must
  885  also contain any recommendations for potential legislative or
  886  administrative actions that may enhance the physical security or
  887  cyber security of the state’s electric grid or natural gas
  888  facilities.
  889         Section 19. (1) Recognizing the evolution and advances that
  890  have occurred and continue to occur in nuclear power
  891  technologies, the Public Service Commission shall study and
  892  evaluate the technical and economic feasibility of using
  893  advanced nuclear power technologies, including small modular
  894  reactors, to meet the electrical power needs of the state, and
  895  research means to encourage and foster the installation and use
  896  of such technologies at military installations in the state in
  897  partnership with public utilities. In conducting this study, the
  898  commission shall consult with the Department of Environmental
  899  Protection and the Division of Emergency Management.
  900         (2) By April 1, 2025, the commission shall prepare and
  901  submit a report to the Governor, the President of the Senate,
  902  and the Speaker of the House of Representatives, containing its
  903  findings and any recommendations for potential legislative or
  904  administrative actions that may enhance the use of advanced
  905  nuclear technologies in a manner consistent with the energy
  906  policy goals in s. 377.601(2), Florida Statutes.
  907         Section 20. (1) Recognizing the continued development of
  908  technologies that support the use of hydrogen as a
  909  transportation fuel and the potential for such use to help meet
  910  the state’s energy policy goals in s. 377.601(2), Florida
  911  Statutes, the Department of Transportation, in consultation with
  912  the Office of Energy within the Department of Agriculture and
  913  Consumer Services, shall study and evaluate the potential
  914  development of hydrogen fueling infrastructure, including
  915  fueling stations, to support hydrogen-powered vehicles that use
  916  the State Highway System.
  917         (2) By April 1, 2025, the Department of Transportation
  918  shall prepare and submit a report to the Governor, the President
  919  of the Senate, and the Speaker of the House of Representatives,
  920  containing its findings and any recommendations for potential
  921  legislative or administrative actions that may accommodate the
  922  future development of hydrogen fueling infrastructure in a
  923  manner consistent with the energy policy goals in s. 377.601(2),
  924  Florida Statutes.
  925         Section 21. This act shall take effect July 1, 2024.