Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS/CS/HB 1645, 1st Eng.
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LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
03/06/2024 05:13 PM . 03/07/2024 07:56 PM
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Senator Collins moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 281 - 883
4 and insert:
5 Section 3. Subsections (1), (2), and (5) of section
6 366.032, Florida Statutes, are amended to read:
7 366.032 Preemption over utility service restrictions.—
8 (1) A municipality, county, special district, community
9 development district created pursuant to chapter 190, or other
10 political subdivision of the state may not enact or enforce a
11 resolution, ordinance, rule, code, or policy or take any action
12 that restricts or prohibits or has the effect of restricting or
13 prohibiting the types or fuel sources of energy production which
14 may be used, delivered, converted, or supplied by the following
15 entities to serve customers that such entities are authorized to
16 serve:
17 (a) A public utility or an electric utility as defined in
18 this chapter;
19 (b) An entity formed under s. 163.01 that generates, sells,
20 or transmits electrical energy;
21 (c) A natural gas utility as defined in s. 366.04(3)(c);
22 (d) A natural gas transmission company as defined in s.
23 368.103; or
24 (e) A Category I liquefied petroleum gas dealer or Category
25 II liquefied petroleum gas dispenser or Category III liquefied
26 petroleum gas cylinder exchange operator as defined in s.
27 527.01.
28 (2) Except to the extent necessary to enforce the Florida
29 Building Code adopted pursuant to s. 553.73 or the Florida Fire
30 Prevention Code adopted pursuant to s. 633.202, a municipality,
31 county, special district, community development district created
32 pursuant to chapter 190, or other political subdivision of the
33 state may not enact or enforce a resolution, an ordinance, a
34 rule, a code, or a policy or take any action that restricts or
35 prohibits or has the effect of restricting or prohibiting the
36 use of an appliance, including a stove or grill, which uses the
37 types or fuel sources of energy production which may be used,
38 delivered, converted, or supplied by the entities listed in
39 subsection (1). As used in this subsection, the term “appliance”
40 means a device or apparatus manufactured and designed to use
41 energy and for which the Florida Building Code or the Florida
42 Fire Prevention Code provides specific requirements.
43 (5) Any municipality, county, special district, community
44 development district created pursuant to chapter 190, or
45 political subdivision charter, resolution, ordinance, rule,
46 code, policy, or action that is preempted by this act that
47 existed before or on July 1, 2021, is void.
48 Section 4. Section 366.042, Florida Statutes, is created to
49 read:
50 366.042 Mutual aid agreements of rural electric
51 cooperatives and municipal electric utilities.—
52 (1) For the purposes of restoring power following a natural
53 disaster that is subject to a state of emergency declared by the
54 Governor, all rural electric cooperatives and municipal electric
55 utilities shall enter into and maintain, at a minimum, one of
56 the following:
57 (a) A mutual aid agreement with a municipal electric
58 utility;
59 (b) A mutual aid agreement with a rural electric
60 cooperative;
61 (c) A mutual aid agreement with a public utility; or
62 (d) A pre-event agreement with a private contractor.
63 (2) All rural electric cooperatives and municipal electric
64 utilities operating in this state shall annually submit to the
65 commission an attestation, in conformity with s. 92.525, stating
66 that the organization has complied with the requirements of this
67 section on or before May 15. Nothing in this section shall be
68 construed to give the commission jurisdiction over the terms and
69 conditions of a mutual aid agreement or agreement with a private
70 contractor entered into by a rural electric cooperative or a
71 municipal electric utility.
72 (3) The commission shall compile the attestations and
73 annually submit a copy to the Division of Emergency Management
74 no later than May 30.
75 (4) A rural electric cooperative or municipal electric
76 utility that submits the attestation required by this section is
77 eligible to receive state financial assistance, if such funding
78 is available, for power restoration efforts following a natural
79 disaster that is subject to a state of emergency declared by the
80 Governor.
81 (5) A rural electric cooperative or municipal electric
82 utility that does not submit an attestation required by this
83 section is ineligible to receive state financial assistance for
84 power restoration efforts following a natural disaster that is
85 subject to a state of emergency declared by the Governor, until
86 such time as the attestation is submitted.
87 (6) Nothing in this section shall be construed to prohibit,
88 limit, or disqualify a rural electric cooperative or municipal
89 electric utility from receiving funding under The Stafford Act,
90 42 U.S.C. 5121 et seq., or any other federal program, including
91 programs administered by the state.
92 (7) This section does not expand or alter the jurisdiction
93 of the commission over public utilities or electric utilities.
94 Section 5. Section 366.057, Florida Statutes, is created to
95 read:
96 366.057 Retirement of electrical power plants.—A public
97 utility shall provide notice to the commission at least 90 days
98 before the full retirement of an electrical power plant if the
99 date of such retirement does not coincide with the retirement
100 date in the public utility’s most recently approved depreciation
101 study. No later than 90 days after such notice, the commission
102 may schedule a hearing to determine whether retirement of the
103 plant is prudent and consistent with the state’s energy policy
104 goals in s. 377.601(2). At a hearing scheduled under this
105 section, the utility shall present its proposed retirement date
106 for the plant, remaining depreciation expense on the plant, any
107 other costs to be recovered in relation to the plant, and any
108 planned replacement capacity.
109 Section 6. Subsection (4) is added to Section 366.94,
110 Florida Statutes, to read:
111 366.94 Electric vehicle charging stations.—
112 (4) Upon petition of a public utility, the commission may
113 approve voluntary electric vehicle charging programs to become
114 effective on or after January 1, 2025, to include, but not be
115 limited to, residential, fleet, and public electric vehicle
116 charging, upon a determination by the commission that the
117 utility’s general body of ratepayers, as a whole, will not pay
118 to support recovery of its electric vehicle charging investment
119 by the end of the useful life of the assets dedicated to the
120 electric vehicle charging service. This provision does not
121 preclude cost recovery for electric vehicle charging programs
122 approved by the commission before January 1, 2024.
123 Section 7. Present subsections (17) through (31) of section
124 403.503, Florida Statutes, are redesignated as subsections (18)
125 through (32), respectively, and a new subsection (17) is added
126 to that section, to read:
127 403.503 Definitions relating to Florida Electrical Power
128 Plant Siting Act.—As used in this act:
129 (17) “Gross capacity” means, for a steam facility, the
130 maximum generating capacity based on nameplate generator rating,
131 and for a solar electrical generating facility, the capacity
132 measured as alternating current which is independently metered
133 prior to the point of interconnection to the transmission grid.
134 Section 8. Section 366.99, Florida Statutes, is created to
135 read:
136 366.99 Natural gas facilities relocation costs.—
137 (1) As used in this section, the term:
138 (a) “Authority” has the same meaning as in s.
139 337.401(1)(a).
140 (b) “Facilities relocation” means the physical moving,
141 modification, or reconstruction of public utility facilities to
142 accommodate the requirements imposed by an authority.
143 (c) “Natural gas facilities” or “facilities” means gas
144 mains, laterals, and service lines used to distribute natural
145 gas to customers. The term includes all ancillary equipment
146 needed for safe operations, including, but not limited to,
147 regulating stations, meters, other measuring devices,
148 regulators, and pressure monitoring equipment.
149 (d) “Natural gas facilities relocation costs” means the
150 costs to relocate or reconstruct facilities as required by a
151 mandate, a statute, a law, an ordinance, or an agreement between
152 the utility and an authority, including, but not limited to,
153 costs associated with reviewing plans provided by an authority.
154 The term does not include any costs recovered through the public
155 utility’s base rates.
156 (e) “Public utility” or “utility” has the same meaning as
157 in s. 366.02, except that the term does not include an electric
158 utility.
159 (2) A utility may submit to the commission, pursuant to
160 commission rule, a petition describing the utility’s projected
161 natural gas facilities relocation costs for the next calendar
162 year, actual natural gas facilities relocation costs for the
163 prior calendar year, and proposed cost-recovery factors designed
164 to recover such costs. A utility’s decision to proceed with
165 implementing a plan before filing such a petition does not
166 constitute imprudence.
167 (3) The commission shall conduct an annual proceeding to
168 determine each utility’s prudently incurred natural gas
169 facilities relocation costs and to allow each utility to recover
170 such costs through a charge separate and apart from base rates,
171 to be referred to as the natural gas facilities relocation cost
172 recovery clause. The commission’s review in the proceeding is
173 limited to determining the prudence of the utility’s actual
174 incurred natural gas facilities relocation costs and the
175 reasonableness of the utility’s projected natural gas facilities
176 relocation costs for the following calendar year; and providing
177 for a true-up of the costs with the projections on which past
178 factors were set. The commission shall require that any refund
179 or collection made as a part of the true-up process includes
180 interest.
181 (4) All costs approved for recovery through the natural gas
182 facilities relocation cost recovery clause must be allocated to
183 customer classes pursuant to the rate design most recently
184 approved by the commission.
185 (5) If a capital expenditure is recoverable as a natural
186 gas facilities relocation cost, the public utility may recover
187 the annual depreciation on the cost, calculated at the public
188 utility’s current approved depreciation rates, and a return on
189 the undepreciated balance of the costs at the public utility’s
190 weighted average cost of capital using the last approved return
191 on equity.
192 (6) The commission shall adopt rules to implement and
193 administer this section and shall propose a rule for adoption as
194 soon as practicable after July 1, 2024.
195 Section 9. Section 377.601, Florida Statutes, is amended to
196 read:
197 377.601 Legislative intent.—
198 (1) The purpose of the state’s energy policy is to ensure
199 an adequate, reliable, and cost-effective supply of energy for
200 the state in a manner that promotes the health and welfare of
201 the public and economic growth. The Legislature intends that
202 governance of the state’s energy policy be efficiently directed
203 toward achieving this purpose. The Legislature finds that the
204 state’s energy security can be increased by lessening dependence
205 on foreign oil; that the impacts of global climate change can be
206 reduced through the reduction of greenhouse gas emissions; and
207 that the implementation of alternative energy technologies can
208 be a source of new jobs and employment opportunities for many
209 Floridians. The Legislature further finds that the state is
210 positioned at the front line against potential impacts of global
211 climate change. Human and economic costs of those impacts can be
212 averted by global actions and, where necessary, adapted to by a
213 concerted effort to make Florida’s communities more resilient
214 and less vulnerable to these impacts. In focusing the
215 government’s policy and efforts to benefit and protect our
216 state, its citizens, and its resources, the Legislature believes
217 that a single government entity with a specific focus on energy
218 and climate change is both desirable and advantageous. Further,
219 the Legislature finds that energy infrastructure provides the
220 foundation for secure and reliable access to the energy supplies
221 and services on which Florida depends. Therefore, there is
222 significant value to Florida consumers that comes from
223 investment in Florida’s energy infrastructure that increases
224 system reliability, enhances energy independence and
225 diversification, stabilizes energy costs, and reduces greenhouse
226 gas emissions.
227 (2) For the purposes of subsection (1), the state’s energy
228 policy must be guided by the following goals:
229 (a) Ensuring a cost-effective and affordable energy supply.
230 (b) Ensuring adequate supply and capacity.
231 (c) Ensuring a secure, resilient, and reliable energy
232 supply, with an emphasis on a diverse supply of domestic energy
233 resources.
234 (d) Protecting public safety.
235 (e) Protecting the state’s natural resources, including its
236 coastlines, tributaries, and waterways.
237 (f) Supporting economic growth.
238 (3)(2) In furtherance of the goals in subsection (2), it is
239 the policy of the state of Florida to:
240 (a) Develop and Promote the cost-effective development and
241 effective use of a diverse supply of domestic energy resources
242 in the state and, discourage all forms of energy waste, and
243 recognize and address the potential of global climate change
244 wherever possible.
245 (b) Promote the cost-effective development and maintenance
246 of energy infrastructure that is resilient to natural and
247 manmade threats to the security and reliability of the state’s
248 energy supply Play a leading role in developing and instituting
249 energy management programs aimed at promoting energy
250 conservation, energy security, and the reduction of greenhouse
251 gas emissions.
252 (c) Reduce reliance on foreign energy resources.
253 (d)(c) Include energy reliability and security
254 considerations in all state, regional, and local planning.
255 (e)(d) Utilize and manage effectively energy resources used
256 within state agencies.
257 (f)(e) Encourage local governments to include energy
258 considerations in all planning and to support their work in
259 promoting energy management programs.
260 (g)(f) Include the full participation of citizens in the
261 development and implementation of energy programs.
262 (h)(g) Consider in its decisions the energy needs of each
263 economic sector, including residential, industrial, commercial,
264 agricultural, and governmental uses, and reduce those needs
265 whenever possible.
266 (i)(h) Promote energy education and the public
267 dissemination of information on energy and its impacts in
268 relation to the goals in subsection (2) environmental, economic,
269 and social impact.
270 (j)(i) Encourage the research, development, demonstration,
271 and application of domestic energy resources, including the use
272 of alternative energy resources, particularly renewable energy
273 resources.
274 (k)(j) Consider, in its decisionmaking, the impacts of
275 energy-related activities on the goals in subsection (2) social,
276 economic, and environmental impacts of energy-related
277 activities, including the whole-life-cycle impacts of any
278 potential energy use choices, so that detrimental effects of
279 these activities are understood and minimized.
280 (l)(k) Develop and maintain energy emergency preparedness
281 plans to minimize the effects of an energy shortage within this
282 state Florida.
283 Section 10. Subsection (2) of section 377.6015, Florida
284 Statutes, is amended to read:
285 377.6015 Department of Agriculture and Consumer Services;
286 powers and duties.—
287 (2) The department shall:
288 (a) Administer the Florida Renewable Energy and Energy
289 Efficient Technologies Grants Program pursuant to s. 377.804 to
290 assure a robust grant portfolio.
291 (a)(b) Develop policy for requiring grantees to provide
292 royalty-sharing or licensing agreements with state government
293 for commercialized products developed under a state grant.
294 (c) Administer the Florida Green Government Grants Act
295 pursuant to s. 377.808 and set annual priorities for grants.
296 (b)(d) Administer the information gathering and reporting
297 functions pursuant to ss. 377.601-377.608.
298 (e) Administer the provisions of the Florida Energy and
299 Climate Protection Act pursuant to ss. 377.801-377.804.
300 (c)(f) Advocate for energy and climate change issues
301 consistent with the goals in s. 377.601(2) and provide
302 educational outreach and technical assistance in cooperation
303 with the state’s academic institutions.
304 (d)(g) Be a party in the proceedings to adopt goals and
305 submit comments to the Public Service Commission pursuant to s.
306 366.82.
307 (e)(h) Adopt rules pursuant to chapter 120 in order to
308 implement all powers and duties described in this section.
309 Section 11. Subsection (1) and paragraphs (e), (f), (h),
310 and (m) of subsection (2) of section 377.703, Florida Statutes,
311 are amended to read:
312 377.703 Additional functions of the Department of
313 Agriculture and Consumer Services.—
314 (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
315 demand questions have become a major area of concern to the
316 state which must be dealt with by effective and well-coordinated
317 state action, it is the intent of the Legislature to promote the
318 efficient, effective, and economical management of energy
319 problems, centralize energy coordination responsibilities,
320 pinpoint responsibility for conducting energy programs, and
321 ensure the accountability of state agencies for the
322 implementation of s. 377.601 s. 377.601(2), the state energy
323 policy. It is the specific intent of the Legislature that
324 nothing in this act shall in any way change the powers, duties,
325 and responsibilities assigned by the Florida Electrical Power
326 Plant Siting Act, part II of chapter 403, or the powers, duties,
327 and responsibilities of the Florida Public Service Commission.
328 (2) DUTIES.—The department shall perform the following
329 functions, unless as otherwise provided, consistent with the
330 development of a state energy policy:
331 (e) The department shall analyze energy data collected and
332 prepare long-range forecasts of energy supply and demand in
333 coordination with the Florida Public Service Commission, which
334 is responsible for electricity and natural gas forecasts. To
335 this end, the forecasts shall contain:
336 1. An analysis of the relationship of state economic growth
337 and development to energy supply and demand, including the
338 constraints to economic growth resulting from energy supply
339 constraints.
340 2. Plans for the development of renewable energy resources
341 and reduction in dependence on depletable energy resources,
342 particularly oil and natural gas, and An analysis of the extent
343 to which domestic energy resources, including renewable energy
344 sources, are being utilized in this the state.
345 3. Consideration of alternative scenarios of statewide
346 energy supply and demand for 5, 10, and 20 years to identify
347 strategies for long-range action, including identification of
348 potential impacts in relation to the goals in s. 377.601(2)
349 social, economic, and environmental effects.
350 4. An assessment of the state’s energy resources, including
351 examination of the availability of commercially developable and
352 imported fuels, and an analysis of anticipated impacts in
353 relation to the goals in s. 377.601(2) effects on the state’s
354 environment and social services resulting from energy resource
355 development activities or from energy supply constraints, or
356 both.
357 (f) The department shall submit an annual report to the
358 Governor and the Legislature reflecting its activities and
359 making recommendations for policies for improvement of the
360 state’s response to energy supply and demand and its effect on
361 the health, safety, and welfare of the residents of this state.
362 The report must include a report from the Florida Public Service
363 Commission on electricity and natural gas and information on
364 energy conservation programs conducted and underway in the past
365 year and include recommendations for energy efficiency and
366 conservation programs for the state, including:
367 1. Formulation of specific recommendations for improvement
368 in the efficiency of energy utilization in governmental,
369 residential, commercial, industrial, and transportation sectors.
370 2. Collection and dissemination of information relating to
371 energy efficiency and conservation.
372 3. Development and conduct of educational and training
373 programs relating to energy efficiency and conservation.
374 4. An analysis of the ways in which state agencies are
375 seeking to implement s. 377.601 s. 377.601(2), the state energy
376 policy, and recommendations for better fulfilling this policy.
377 (h) The department shall promote the development and use of
378 renewable energy resources, in conformance with chapter 187 and
379 s. 377.601, by:
380 1. Establishing goals and strategies for increasing the use
381 of renewable energy in this state.
382 1.2. Aiding and promoting the commercialization of
383 renewable energy resources, in cooperation with the Florida
384 Energy Systems Consortium; the Florida Solar Energy Center; and
385 any other federal, state, or local governmental agency that may
386 seek to promote research, development, and the demonstration of
387 renewable energy equipment and technology.
388 2.3. Identifying barriers to greater use of renewable
389 energy resources in this state, and developing specific
390 recommendations for overcoming identified barriers, with
391 findings and recommendations to be submitted annually in the
392 report to the Governor and Legislature required under paragraph
393 (f).
394 3.4. In cooperation with the Department of Environmental
395 Protection, the Department of Transportation, the Department of
396 Commerce, the Florida Energy Systems Consortium, the Florida
397 Solar Energy Center, and the Florida Solar Energy Industries
398 Association, investigating opportunities, pursuant to the
399 national Energy Policy Act of 1992, the Housing and Community
400 Development Act of 1992, and any subsequent federal legislation,
401 for renewable energy resources, electric vehicles, and other
402 renewable energy manufacturing, distribution, installation, and
403 financing efforts that enhance this state’s position as the
404 leader in renewable energy research, development, and use.
405 4.5. Undertaking other initiatives to advance the
406 development and use of renewable energy resources in this state.
407
408 In the exercise of its responsibilities under this paragraph,
409 the department shall seek the assistance of the renewable energy
410 industry in this state and other interested parties and may
411 enter into contracts, retain professional consulting services,
412 and expend funds appropriated by the Legislature for such
413 purposes.
414 (m) In recognition of the devastation to the economy of
415 this state and the dangers to the health and welfare of
416 residents of this state caused by severe hurricanes, and the
417 potential for such impacts caused by other natural disasters,
418 the Division of Emergency Management shall include in its energy
419 emergency contingency plan and provide to the Florida Building
420 Commission for inclusion in the Florida Energy Efficiency Code
421 for Building Construction specific provisions to facilitate the
422 use of cost-effective solar energy technologies as emergency
423 remedial and preventive measures for providing electric power,
424 street lighting, and water heating service in the event of
425 electric power outages.
426 Section 12. Section 377.708, Florida Statutes, is created
427 to read:
428 377.708 Wind energy.—
429 (1) DEFINITIONS.-As used in this section, the term:
430 (a) “Coastline” means the established line of mean high
431 water.
432 (b) “Department” means the Department of Environmental
433 Protection.
434 (c) “Offshore wind energy facility” means any wind energy
435 facility located on waters of this state, including other
436 buildings, structures, vessels, or electrical transmission
437 cabling to be sited on waters of this state, or connected to
438 corresponding onshore substations that are used to support the
439 operation of one or more wind turbines sited or constructed on
440 waters of this state and any submerged lands or territorial
441 waters that are not under the jurisdiction of the state.
442 (d) “Real property” has the same meaning as provided in s.
443 192.001(12).
444 (e) “Vessel” has the same meaning as provided in s. 327.02.
445 (f) “Waters of this state” has the same meaning as provided
446 in s. 327.02, except the term also includes all state submerged
447 lands.
448 (g) “Wind energy facility” means an electrical wind
449 generation facility or expansion thereof comprised of one or
450 more wind turbines and including substations; meteorological
451 data towers; aboveground, underground, and electrical
452 transmission lines; and transformers, control systems, and other
453 buildings or structures under common ownership or operating
454 control used to support the operation of the facility the
455 primary purpose of which is to offer electricity supply for
456 sale.
457 (h) “Wind turbine” means a device or apparatus that has the
458 capability to convert kinetic wind energy into rotational energy
459 that drives an electrical generator, consisting of a tower body
460 and rotator with two or more blades and capable of producing
461 more than 10 kilowatts of electrical power. The term includes
462 both horizontal and vertical axis turbines. The term does not
463 include devices used to measure wind speed and direction, such
464 as an anemometer.
465 (2) PROHIBITED ACTIVITIES.—
466 (a) Construction or expansion of the following is
467 prohibited:
468 1. An offshore wind energy facility.
469 2. A wind turbine or wind energy facility on real property
470 within 1 mile of coastline in this state.
471 3. A wind turbine or wind energy facility on real property
472 within 1 mile of the Atlantic Intracoastal Waterway or Gulf
473 Intracoastal Waterway.
474 4. A wind turbine or wind energy facility on waters of this
475 state and any submerged lands.
476 (b) This subsection does not prohibit:
477 1. Affixation of a wind turbine directly to a vessel solely
478 for the purpose of providing power to electronic equipment
479 located onboard the vessel.
480 2. Operation of a wind turbine installed before July 1,
481 2024.
482 (3) REVIEW.—The department shall review all applications
483 for federal wind energy leases in the territorial waters of the
484 United States adjacent to waters of this state and shall signify
485 its approval of or objection to each application.
486 (4) INJUNCTIVE RELIEF.—The department may bring an action
487 for injunctive relief against any person who constructs or
488 expands an offshore wind energy facility or a wind turbine in
489 this state in violation of this section.
490 Section 13. Sections 377.801, 377.802, 377.803, 377.804,
491 377.808, 377.809, and 377.816, Florida Statutes, are repealed.
492 Section 14. (1) For programs established pursuant to s.
493 377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
494 Statutes, there may not be:
495 (a) New or additional applications, certifications, or
496 allocations approved.
497 (b) New letters of certification issued.
498 (c) New contracts or agreements executed.
499 (d) New awards made.
500 (2) All certifications or allocations issued under such
501 programs are rescinded except for the certifications of, or
502 allocations to, those certified applicants or projects that
503 continue to meet the applicable criteria in effect before July
504 1, 2024. Any existing contract or agreement authorized under any
505 of these programs shall continue in full force and effect in
506 accordance with the statutory requirements in effect when the
507 contract or agreement was executed or last modified. However,
508 further modifications, extensions, or waivers may not be made or
509 granted relating to such contracts or agreements, except
510 computations by the Department of Revenue of the income
511 generated by or arising out of the qualifying project.
512 Section 15. Paragraph (d) of subsection (2) of section
513 220.193, Florida Statutes, is amended to read:
514 220.193 Florida renewable energy production credit.—
515 (2) As used in this section, the term:
516 (d) “Florida renewable energy facility” means a facility in
517 the state that produces electricity for sale from renewable
518 energy, as defined in s. 377.803.
519 Section 16. Subsection (7) of section 288.9606, Florida
520 Statutes, is amended to read:
521 288.9606 Issue of revenue bonds.—
522 (7) Notwithstanding any provision of this section, the
523 corporation in its corporate capacity may, without authorization
524 from a public agency under s. 163.01(7), issue revenue bonds or
525 other evidence of indebtedness under this section to:
526 (a) Finance the undertaking of any project within the state
527 that promotes renewable energy as defined in s. 366.91 or s.
528 377.803;
529 (b) Finance the undertaking of any project within the state
530 that is a project contemplated or allowed under s. 406 of the
531 American Recovery and Reinvestment Act of 2009; or
532 (c) If permitted by federal law, finance qualifying
533 improvement projects within the state under s. 163.08; or.
534 (d) Finance the costs of acquisition or construction of a
535 transportation facility by a private entity or consortium of
536 private entities under a public-private partnership agreement
537 authorized by s. 334.30.
538 Section 17. Paragraph (w) of subsection (2) of section
539 380.0651, Florida Statutes, is amended to read:
540 380.0651 Statewide guidelines, standards, and exemptions.—
541 (2) STATUTORY EXEMPTIONS.—The following developments are
542 exempt from s. 380.06:
543 (w) Any development in an energy economic zone designated
544 pursuant to s. 377.809 upon approval by its local governing
545 body.
546
547 If a use is exempt from review pursuant to paragraphs (a)-(u),
548 but will be part of a larger project that is subject to review
549 pursuant to s. 380.06(12), the impact of the exempt use must be
550 included in the review of the larger project, unless such exempt
551 use involves a development that includes a landowner, tenant, or
552 user that has entered into a funding agreement with the state
553 land planning agency under the Innovation Incentive Program and
554 the agreement contemplates a state award of at least $50
555 million.
556 Section 18. Subsection (2) of section 403.9405, Florida
557 Statutes, is amended to read:
558 403.9405 Applicability; certification; exemption; notice of
559 intent.—
560 (2) No construction of A natural gas transmission pipeline
561 may not be constructed be undertaken after October 1, 1992,
562 without first obtaining certification under ss. 403.9401
563 403.9425, but these sections do not apply to:
564 (a) Natural gas transmission pipelines which are less than
565 100 15 miles in length or which do not cross a county line,
566 unless the applicant has elected to apply for certification
567 under ss. 403.9401-403.9425.
568 (b) Natural gas transmission pipelines for which a
569 certificate of public convenience and necessity has been issued
570 under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
571 natural gas transmission pipeline certified as an associated
572 facility to an electrical power plant pursuant to the Florida
573 Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
574 the applicant elects to apply for certification of that pipeline
575 under ss. 403.9401-403.9425.
576 (c) Natural gas transmission pipelines that are owned or
577 operated by a municipality or any agency thereof, by any person
578 primarily for the local distribution of natural gas, or by a
579 special district created by special act to distribute natural
580 gas, unless the applicant elects to apply for certification of
581 that pipeline under ss. 403.9401-403.9425.
582 Section 19. Subsection (3) of section 720.3075, Florida
583 Statutes, is amended to read:
584 720.3075 Prohibited clauses in association documents.—
585 (3) Homeowners’ association documents, including
586 declarations of covenants, articles of incorporation, or bylaws,
587 may not preclude:
588 (a) The display of up to two portable, removable flags as
589 described in s. 720.304(2)(a) by property owners. However, all
590 flags must be displayed in a respectful manner consistent with
591 the requirements for the United States flag under 36 U.S.C.
592 chapter 10.
593 (b) Types or fuel sources of energy production which may be
594 used, delivered, converted, or supplied by the following
595 entities to serve customers within the association that such
596 entities are authorized to serve:
597 1. A public utility or an electric utility as defined in s.
598 366.02;
599
600 ================= T I T L E A M E N D M E N T ================
601 And the title is amended as follows:
602 Delete lines 25 - 70
603 and insert:
604 specified circumstance; amending s. 366.032, F.S.;
605 including community development districts as a type of
606 political subdivision for purposes of preemption over
607 utility service restrictions; creating s. 366.042,
608 F.S.; requiring rural electric cooperatives and
609 municipal electric utilities to enter into and
610 maintain at least one mutual aid agreement or pre
611 event agreement with certain entities for purposes of
612 restoring power after a natural disaster; requiring
613 rural electric cooperatives and municipal electric
614 utilities to annually submit attestations of
615 compliance to the Public Service Commission; providing
616 construction; requiring the commission to compile the
617 attestations and annually submit a copy of such
618 attestations to the Division of Emergency Management;
619 providing that the submission of such attestations
620 makes rural electric cooperatives and municipal
621 electric utilities eligible to receive state financial
622 assistance; providing that if such attestations are
623 not submitted, rural electric cooperatives and
624 municipal electric utilities are not eligible to
625 receive state financial assistance; providing
626 construction; creating s. 366.057, F.S.; requiring
627 public utilities to provide notice to the commission
628 of certain power plant retirements within a specified
629 timeframe; authorizing the commission to schedule
630 hearings within a specified timeframe to make certain
631 determinations on such plant retirements; specifying
632 information to be provided by public utilities at the
633 hearing; amending s. 366.94, F.S.; removing
634 terminology; authorizing the commission to approve
635 voluntary electric vehicle charging programs upon
636 petition of a public utility, to become effective on
637 or after a specified date, if certain requirements are
638 met; providing applicability; amending s. 403.503,
639 F.S.; defining the term “gross capacity”; creating s.
640 366.99,