Senate Bill 2148

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    Florida Senate - 1999                                  SB 2148

    By Senator Lee





    16-1616-99

  1                      A bill to be entitled

  2         An act relating to alternative fuel vehicles;

  3         creating the "Florida Clean Fuel Act";

  4         providing purposes; providing definitions;

  5         establishing the Clean Fuel Florida Advisory

  6         Board; specifying membership; requiring a

  7         report containing recommendations for pilot

  8         programs; requiring a report to the

  9         Legislature; requiring a budget; providing

10         effective dates.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Short title and purpose.--

15         (1)  This act may be cited as the "Florida Clean Fuel

16  Act."

17         (2)  The purpose of this act is to establish the Clean

18  Fuel Florida Advisory Board within the Department of Community

19  Affairs to study the implementation of alternative fuel

20  vehicles in order to formulate and provide to the Secretary of

21  Community Affairs recommendations on expanding the use of

22  alternative fuel vehicles in this state.

23         Section 2.  Definitions.--As used in this act, the

24  term:

25         (1)  "Alternative fuels" means electricity, biodiesel,

26  natural gas, propane, and any other fuel that is determined to

27  be appropriate by the Department of Community Affairs with

28  guidance from the Clean Fuel Florida Advisory Board.

29         (2)  "Alternative fuel vehicles" means on-road and

30  off-road transportation vehicles and light-duty, medium-duty,

31

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    Florida Senate - 1999                                  SB 2148
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  1  and heavy-duty vehicles that are powered by an alternative

  2  fuel or a combination of alternative fuels.

  3         Section 3.  Clean Fuel Florida Advisory Board

  4  established; membership; duties and responsibilities.--

  5         (1)  There is created within the Department of

  6  Community Services the Clean Fuel Florida Advisory Board.

  7         (2)(a)  Within 30 days after the effective date of this

  8  act, the Secretary of Community Affairs shall appoint members

  9  of the Clean Fuel Florida Advisory Board.

10         (b)  The board shall consist of:

11         1.  The Secretary of Community Affairs, or his or her

12  designee.

13         2.  The Secretary of Environmental Protection, or his

14  or her designee.

15         3.  The Commissioner of Education, or his or her

16  designee.

17         4.  The Secretary of Transportation, or his or her

18  designee.

19         5.  The Commissioner of Agriculture or his or her

20  designee.

21         6.  The Secretary of Management Services, or his or her

22  designee.

23         7.  A representative of:

24         a.  The biodiesel industry.

25         b.  The electric utility industry.

26         c.  The natural gas industry.

27         d.  The propane gas industry.

28         e.  An automobile manufacturing association.

29         f.  A United States Department of Energy-designated

30  Florida Clean Cities Coalition.

31         g.  Enterprise Florida, Inc.

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    Florida Senate - 1999                                  SB 2148
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  1         h.  EV Ready Broward.

  2         i.  The petroleum industry.

  3         j.  The Florida League of Cities.

  4         k.  The Florida Association of Counties.

  5         l.  Floridians for Better Transportation.

  6         m.  Motor vehicle manufacturers.

  7         n.  Local environmental resource agencies.

  8         (4)  The purpose of the board is to serve as a resource

  9  for the Department of Community Affairs and to provide the

10  Governor, the Legislature, and the Secretary of Community

11  Affairs with private-sector and other public-agency

12  perspectives on achieving the goal of increasing the use of

13  alternative fuel vehicles in this state.

14         (5)  Members shall be appointed to serve terms of 1

15  year each, with reappointment at the discretion of the

16  secretary. Vacancies are to be filled for the unexpired

17  portion of the term.

18         (6)  The board shall annually select a chairman.

19         (7)(a)  The board shall meet at least once each quarter

20  or more often at the call of the chairman or secretary.

21         (b)  Meetings are exempt from the notice provision of

22  chapter 120, Florida Statutes, and reasonable notice must be

23  given to apprise interested persons of the meetings.

24         (c)  The members of the board are entitled to travel

25  expenses while engaged in the performance of their duties.

26         (d)  The board is terminated on July 1, 2004.

27         (8)  The board shall review the performance of the

28  state with reference to alternative fuel vehicles

29  implementation in complying with federal statutes and

30  maximizing available federal funding, and may:

31

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    Florida Senate - 1999                                  SB 2148
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  1         (a)  Advise the Governor, Legislature, and Secretary of

  2  Community Affairs regarding recommendations on the

  3  implementation and use of alternative fuel vehicles in the

  4  state.

  5         (b)  Identify potential improvements to the state's

  6  alternative fuel policies.

  7         (c)  Request from all state agencies any information

  8  that the board determines relevant to its duties.

  9         (d)  Regularly report to the Secretary of Community

10  Affairs, the Governor, the President of the Senate, and the

11  Speaker of the House of Representatives regarding its findings

12  and recommendations.

13         (9)(a)  Board members shall, within 90 days after their

14  first meeting, make recommendations to the Department of

15  Community Affairs for establishing pilot programs in this

16  state which provide experience and support the best-use

17  expansion of the alternative fuel vehicle industry in this

18  state. Funds may not be released for a project unless there is

19  at least a 50-percent private or local match.

20         (b)  In addition to the pilot programs, the board shall

21  assess federal, state, and local initiatives to identify

22  incentives that encourage successful alternative fuel vehicle

23  programs; obstacles to alternative fuel vehicle use, including

24  legislative, regulatory, and economic obstacles; and programs

25  to educate and inform the public concerning alternative fuel

26  vehicles.

27         (c)  The board shall determine a reasonable way to

28  address current motor fuel taxes as they apply to alternative

29  fuels and at what threshold of market penetration.

30         (d)  Based on its findings, the board shall provide

31  recommendations to the Legislature on future alternative fuel

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    Florida Senate - 1999                                  SB 2148
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  1  vehicle programs and legislative changes that will provide the

  2  best use of state and other resources to enhance the

  3  alternative fuel vehicle market in this state and maximize the

  4  return on that investment with respect to job creation,

  5  economic development, and emissions reduction.

  6         (9)  The board, working with the Department of

  7  Community Affairs, shall develop a budget in support of its

  8  work, and all expenditures must be approved by the department.

  9  At the conclusion of the first year, the department shall

10  conduct an audit of the board and its programs.

11         Section 4.  At least 60 percent of the funds provided

12  for in Specific Appropriation No.      must be used to

13  increase the use of alternative fuel vehicles by local

14  governments, businesses, and individuals under the guidance of

15  the Clean Fuel Florida Advisory Board. Funds may not be

16  released for a project except through a board grant process

17  requiring at least 50 percent in matching local or private

18  funds. Priority must be given to projects that promote the use

19  of alternative fuels in community policing programs, at

20  airports and in bus projects, which maximize the availability

21  of federal funds. Advisory Board program support expenditures

22  are not to exceed $150,000 in the first year.

23         Section 5.  This act shall take effect upon becoming a

24  law.

25

26            *****************************************

27                          SENATE SUMMARY

28    Creates the "Florida Clean Fuel Act." Establishes the
      Clean Fuel Florida Advisory Board within the Department
29    of Community Affairs to study the implementation of
      alternative fuel vehicles and to provide recommendations
30    on expanding the use of alternative fuel vehicles in this
      state. Provides membership of the board. Requires a
31    report containing recommendations for pilot programs.
      Requires a budget.
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