Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
CHAMBER ACTION
Senate House
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11 The Committee on Communications and Public Utilities
12 (Constantine) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 1, delete everything after the enacting clause
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17 and insert:
18 Section 1. Florida Energy Commission.--
19 (1) The Florida Energy Commission is created and shall
20 be located within the Office of Legislative Services for
21 administrative purposes. The commission shall be comprised of
22 a total of 19 members, of whom nine shall be voting members
23 and ten shall be nonvoting members, as follows:
24 (a) The voting members shall be appointed as follows:
25 three shall be appointed by the Governor, three shall be
26 appointed by the President of the Senate in consultation with
27 the minority leader, and three shall be appointed by the
28 Speaker of the House of Representatives in consultation with
29 the minority leader. Voting members shall be appointed to
30 4-year terms; however, in order to establish staggered terms,
31 for the initial appointments each appointing official shall
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 appoint one member to a 2-year term, one member to a 3-year
2 term, and one member to a 4-year term. Voting members must
3 meet the following qualifications and restrictions:
4 1. A voting member must be an expert in one or more of
5 the following fields: energy, natural resource conservation,
6 economics, engineering, finance, law, consumer protection,
7 state energy policy, or another field substantially related to
8 the duties and functions of the commission. The commission
9 shall fairly represent the fields specified in this
10 subparagraph.
11 2. A voting member may not, at the time of appointment
12 or during his or her term of office:
13 a. Have any financial interest, other than ownership
14 of shares in a mutual fund, in any business entity that,
15 directly or indirectly, owns or controls, or is an affiliate
16 or subsidiary of, any business entity that may profit by the
17 policy recommendations developed by the commission.
18 b. Be employed by or engaged in any business activity
19 with any business entity that, directly or indirectly, owns or
20 controls, or is an affiliate or subsidiary of, any business
21 entity that may profit by the policy recommendations developed
22 by the commission.
23 (b) The nonvoting members shall include:
24 1. The chair of the Florida Public Service Commission;
25 2. The Public Counsel;
26 3. The Commissioner of Agriculture;
27 4. The Secretary of Environmental Protection;
28 5. The Secretary of Community Affairs;
29 6. The Secretary of Transportation;
30 7. The Secretary of Health;
31 8. The director of the Office of Insurance Regulation;
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 9. The chair of the State Board of Education; and
2 10. The director of the Florida Solar Energy Center.
3 (2) Voting members shall serve without compensation,
4 but are entitled to reimbursement for per diem and travel
5 expenses as provided by s. 112.061, Florida Statutes.
6 Nonvoting members shall serve at the expense of the entity
7 they represent.
8 (3) The Governor shall select the chair. Meetings of
9 the commission shall be held in various locations around the
10 state and at the call of the chair; however, the commission
11 must meet at least twice each year.
12 (4)(a) The commission may employ staff to assist in
13 the performance of its duties, including an executive
14 director, an attorney, a communications person, and an
15 executive assistant.
16 (b) Agencies whose heads serve as nonvoting members
17 shall supply staff and resources as necessary to provide
18 information needed by the commission.
19 (c) The commission may appoint focus groups to
20 consider specific issues.
21 (5) The commission shall develop recommendations for
22 legislation to establish a state energy policy, giving
23 consideration to the issues set forth in subsections (8) and
24 (9). The recommendations of the commission shall be based on
25 the guiding principles of reliability, efficiency,
26 affordability, and diversity as provided in subsection (7).
27 The commission shall continually review the state energy
28 policy and shall recommend to the Legislature any additional
29 necessary changes or improvements. The commission shall also
30 perform other duties as set forth in general law.
31 (6) The commission shall report by December 31 of each
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 year to the Governor, the Cabinet, the President of the
2 Senate, and the Speaker of the House of Representatives on its
3 progress and recommendations, including draft legislation. The
4 commission's initial report must identify incentives for
5 research, development, or deployment projects involving the
6 goals and issues set forth in this section; set forth
7 recommendations for improvements to the electricity
8 transmission and distribution system, including recommended
9 incentives to encourage electric utilities and local
10 governments to work together in good faith on issues of
11 underground utilities; set forth the appropriate test for the
12 Florida Public Service Commission to use in determining which
13 energy efficiency programs are cost-effective and should be
14 implemented, together with the rationale in selecting the
15 test; and set forth a plan of action, together with a
16 timetable, for addressing the remaining issues.
17 (7) In developing its recommendations, the commission
18 shall be guided by the principles of reliability, efficiency,
19 affordability, and diversity, and more specifically as
20 follows:
21 (a) The state should have a reliable electric supply,
22 with adequate reserves.
23 (b) The transmission and delivery of electricity
24 should be reliable.
25 (c) The generation, transmission, and delivery of
26 electricity should be accomplished with the least detriment to
27 the environment and public health.
28 (d) The generation, transmission, and delivery of
29 electricity should be accomplished compatibly with the goals
30 for growth management.
31 (e) Electricity generation, transmission, and delivery
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 facilities should be reasonably secure from damage, taking all
2 factors into consideration, and recovery from damage should be
3 prompt.
4 (f) Electric rates should be affordable, as to base
5 rates and all recovery-clause additions, with sufficient
6 incentives for utilities to achieve this goal.
7 (g) This state should have a reliable supply of motor
8 vehicle fuels, both under normal circumstances and during
9 hurricanes and other emergency situations.
10 (h) In-state research, development, and deployment of
11 alternative energy technologies and alternative motor vehicle
12 fuels should be encouraged.
13 (i) When possible, the resources of this state should
14 be used in achieving these goals.
15 (j) Consumers of energy should be encouraged and given
16 incentives to be more efficient in their use of energy.
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18 In choosing between conflicting or competing goals, the
19 commission shall balance the projected benefits of affordable,
20 reliable energy supplies against detrimental cost and
21 environmental impacts and recommend the best solution, with a
22 complete and detailed explanation of the factors considered
23 and the rationale for the decision.
24 (8) The commission shall develop policy
25 recommendations concerning the following issues relating to
26 electric energy:
27 (a) Are the current projections for growth in
28 population and electricity demand and corresponding projected
29 increases in capacity sufficient to meet needs?
30 (b) With respect to fossil fuels:
31 1. What are the projections for the availability and
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 the cost of fossil fuels used to generate electricity?
2 2. Can and should this state reduce its reliance on
3 domestic or foreign petroleum products?
4 3. What, if anything, should be done to improve fuel
5 supplies during normal conditions and in emergencies?
6 4. What, if anything, should be done to encourage
7 additional methods and routes of fuel delivery?
8 5. Should this state seek redundant natural gas
9 pipelines in order to have a safety net?
10 6. What other improvements, if any, should be made to
11 methods of fuel delivery?
12 7. What, if anything, should be done to increase
13 in-state storage of coal and natural gas?
14 8. Would additional coal plants be beneficial, and if
15 so, what should be done to encourage the construction of such
16 plants?
17 (c) With respect to fuel diversity and alternative
18 energy technology:
19 1. What role does fuel diversity play in maximizing
20 reliability and minimizing costs?
21 2. Would additional nuclear plants be beneficial, and
22 if so, what should be done to encourage the construction of
23 such plants?
24 3. What alternative energy technologies are available
25 and technically and economically feasible in this state and
26 what, if anything, should be done to encourage the use of
27 these resources?
28 (d) With respect to the environmental effects of
29 fossil fuels, alternative fuels, and alternative technologies:
30 1. What types and levels of pollution are involved
31 with each type of fuel and technology?
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
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1 2. Can the pollution be avoided or reduced, and if so,
2 what are the costs?
3 3. Should the Legislature enact pollution standards,
4 and if so, should they be fuel-specific or a more general
5 pollution-portfolio standard that applies to all types of
6 fuels and technologies?
7 4. What, if anything, should the state do to reduce
8 carbon emissions, taking into consideration what the federal
9 government and other states are doing?
10 5. How do these issues affect fuel and generation
11 choices?
12 (e) With respect to demand-side management and
13 efficiency:
14 1. What role, if any, should demand-side management
15 and efficiency play in meeting electric needs?
16 2. What, if anything, should be done to improve
17 demand-side management and efficiency of electricity?
18 3. What state entity should be involved in encouraging
19 and monitoring demand-side management and efficiency?
20 4. What technology, if any, should be used to
21 encourage advanced metering systems and innovative price
22 signals?
23 5. What can the state do as a consumer of energy to
24 decrease its use of energy and to be more efficient in its use
25 of energy?
26 6. What is the appropriate test for the Florida Public
27 Service Commission to use in determining which energy
28 efficiency programs are cost-effective and should be
29 implemented?
30 (f) With respect to transmission and distribution
31 facilities:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 1. What, if anything, should be done to generally
2 improve the siting of transmission and distribution lines?
3 2. What technology, if any, should be used to make
4 transmission and distribution more efficient?
5 3. Should multiple electric lines be located together
6 to minimize the effect on property or located separately to
7 increase reliability?
8 4. What are the projections for hurricanes?
9 5. What, if anything, should be done to strengthen or
10 harden transmission facilities or otherwise improve their
11 security and reliability?
12 6. How do fuel and technology choices affect planning
13 for and recovering from hurricanes?
14 7. Should distributed generation be considered as part
15 of the solution for reliability or for the purpose of avoiding
16 additional transmission or generation?
17 8. What types of threats to the electric system, other
18 than hurricanes, should be taken into consideration in this
19 planning?
20 (g) With respect to energy and growth management:
21 1. How can the state best provide adequate energy
22 facilities for existing populations?
23 2. How can the state best provide for compatible goals
24 and laws for future energy and growth-management needs?
25 3. How should issues of restoring energy supplies
26 after a hurricane or other emergency affect growth management
27 and local government goals and laws?
28 4. What changes, if any, should be made to where
29 energy generation, transmission, and distribution facilities
30 are sited, and what changes, if any, should be made to how
31 strategic or essential service facilities are sited relative
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 to those energy supplies?
2 (h) In making all these choices, what, if anything,
3 should be done to avoid or minimize price increases in base
4 rates or recovery clauses for consumers?
5 (i) With respect to research, development, and
6 deployment of new or alternative energy technologies:
7 1. What, if anything, should be done to encourage
8 in-state energy research, both public and private?
9 2. If encouragement of research is appropriate, what
10 types of research should be encouraged?
11 3. What, if anything, should be done to encourage
12 universities, other state entities, and the private sector to
13 work together in the research, development, and deployment of
14 alternative energy technology, without creating an economic
15 disincentive for any entity?
16 4. What, if anything, should be done in terms of
17 recruiting companies operating in the energy fields to
18 relocate to this state?
19 5. What, if anything, should be done to provide
20 funding or assist in obtaining funding for research or for
21 energy companies in order to further in-state research and the
22 development of energy technologies?
23 6. What state entities should be involved in these
24 functions?
25 7. What are the potential effects of these issues and
26 choices on tourism, agriculture, small businesses, and
27 industry in the state?
28 (9) The commission shall develop policy
29 recommendations concerning the following issues relating to
30 motor vehicle fuels:
31 (a) With respect to fossil fuels:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 1. What are the projections for the availability and
2 cost of motor vehicle fossil fuel?
3 2. What, if anything, should be done to increase the
4 availability of motor vehicle fossil fuels in this state
5 during normal circumstances and during hurricanes or other
6 emergencies?
7 3. What, if anything, should be done to improve the
8 delivery of fuel into the state?
9 4. What, if anything, should be done relative to
10 ports? What, if anything, should be done to improve port
11 deliveries? What, if anything, should be done to improve the
12 capacity and service at existing ports or to open more ports?
13 5. What, if anything, should be done to encourage
14 pipelines?
15 6. What, if anything, should be done to improve the
16 security of and access to in-state supplies?
17 7. What improvements, if any, should be made relating
18 to the in-state storage of motor vehicle fuels?
19 8. What else, if anything, should be done to avoid or
20 ameliorate shortages and price increases?
21 (b) With respect to alternatives to fossil fuels for
22 motor vehicles:
23 1. What, if anything, should be done to encourage the
24 use of alternative fuels?
25 2. What, if anything, should be done to produce fuels
26 within this state and to maximize the state's resources?
27 3. What facilities for fuel distribution and sales
28 would be necessary, and what, if anything, should be done to
29 encourage the development of these facilities?
30 4. What effect would these alternatives have on the
31 recovery from hurricanes or other emergencies?
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Florida Senate - 2006 COMMITTEE AMENDMENT
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Barcode 432308
1 5. What can the state do as a consumer of motor
2 vehicle fuels to decrease its use of such fuels and to be more
3 efficient in its use of fuels?
4 (c) What can be done to maximize the compatibility of
5 any system changes and growth-management goals and laws?
6 (d) With respect to the research, development, and
7 deployment of alternative fuels:
8 1. What, if anything, should be done to encourage
9 in-state research, both public and private?
10 2. What, if anything, should be done to encourage
11 universities to work together, with other state entities, and
12 with the private sector in the research, development, and
13 deployment of alternative fuels, without creating any
14 disincentive for any entity?
15 3. What, if anything, should be done to recruit or
16 encourage companies working with alternative fuels to locate
17 in this state?
18 4. What, if anything, should be done to provide
19 funding or assist in obtaining funding for universities, state
20 entities, or the private sector in order to encourage in-state
21 research and development of energy technologies relating to
22 motor vehicles?
23 5. What state entities should be involved in these
24 functions?
25 6. What are the potential effects of these issues and
26 choices on tourism, agriculture, small business, and industry
27 in the state?
28 (10)(a) The commission shall, by December 31, 2007,
29 submit a report to the Governor, the Cabinet, the President of
30 the Senate, and the Speaker of the House of Representatives
31 which recommends consensus-based public-involvement processes
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Florida Senate - 2006 COMMITTEE AMENDMENT
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Barcode 432308
1 to reduce greenhouse gas emissions in this state and to make
2 such reductions and related economic, energy, and
3 environmental co-benefits a state priority.
4 (b) The report must include recommended steps and a
5 schedule for the development of a comprehensive state climate
6 action plan with statewide greenhouse-gas-reduction goals and
7 a range of specific policy options for all economic sectors to
8 be developed through a public-involvement process, including
9 transportation and land use; power generation; residential,
10 commercial, and industrial activities; waste management;
11 agriculture and forestry; emissions-reporting systems; and
12 public education.
13 (c) The climate action plan must include:
14 1. Recommendations for the development of an annual
15 greenhouse-gas-emissions inventory by the Department of
16 Environmental Protection, recommendations for the development
17 of a current comprehensive inventory of state greenhouse gas
18 emissions since 1990 and a similar forecast of state
19 greenhouse gas emissions from the present to the year 2020 or
20 later.
21 2. Recommended steps to identify areas where specific
22 greenhouse-gas-reduction policies are feasible; the costs and
23 benefits of each recommendation; methods for helping
24 individuals, institutions, and businesses reduce emissions; an
25 implementation schedule; and identification of funding
26 requirements for the development and implementation of
27 strategies.
28 3. Consideration of the feasibility of establishing by
29 law a greenhouse-gas-reduction target to lower greenhouse gas
30 emissions in the state below the forecasted levels of
31 emissions growth in the future at maximum achievable levels.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 (d) The commission may appoint technical advisory
2 committees and technical assistance providers to provide
3 recommendations to assist with the intent of this subsection.
4 Section 2. The state energy program, as authorized and
5 governed by ss. 377.701 and 377.703, Florida Statutes,
6 including all statutory powers, duties, functions, rules,
7 records, personnel, property, and unexpended balances of
8 appropriations, allocations, and other funds associated with
9 the program, is transferred intact by a type two transfer, as
10 defined in s. 20.06(2), Florida Statutes, from the Department
11 of Environmental Protection to the Florida Energy Commission.
12 Section 3. This act shall take effect upon becoming a
13 law.
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16 ================ T I T L E A M E N D M E N T ===============
17 And the title is amended as follows:
18 On page 1, delete everything before enacting clause
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20 and insert:
21 A bill to be entitled
22 An act relating to energy; creating the Florida
23 Energy Commission, which is located within the
24 Office of Legislative Services for
25 administrative purposes; providing for the
26 membership of the commission; providing for
27 appointment, terms of office, and
28 qualifications of members; providing for voting
29 members to be reimbursed for per diem and
30 travel expenses; providing for meetings of the
31 commission; authorizing the commission to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 890
Barcode 432308
1 employ staff; requiring that the commission
2 develop policy recommendations concerning
3 specified issues which are based on specified
4 guidelines; requiring an annual report to the
5 Governor, Cabinet, and Legislature; requiring a
6 report to the Governor, the Cabinet, and the
7 Legislature regarding the reduction of
8 greenhouse gasses in the state; transferring
9 all powers, functions, records, personnel,
10 property, and unexpended balances of
11 appropriations of the state energy program
12 within the Department of Environmental
13 Protection to the Florida Energy Commission;
14 providing an effective date.
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