Senate Bill sb1664c1

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    Florida Senate - 2002                           CS for SB 1664

    By the Committee on Transportation; and Senator Sebesta





    306-2055A-02

  1                      A bill to be entitled

  2         An act relating to alternative fuels; amending

  3         s. 403.42, F.S.; revising the responsibilities

  4         of the Clean Fuel Florida Advisory Board and

  5         providing for its termination; providing an

  6         appropriation; providing an effective date.

  7

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

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10         Section 1.  Subsection (3) of section 403.42, Florida

11  Statutes, is amended to read:

12         403.42  Florida Clean Fuel Act.--

13         (3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;

14  MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--

15         (a)  The Clean Fuel Florida Advisory Board is

16  established within the Department of Community Affairs.

17         (b)1.  The advisory board shall consist of the

18  Secretary of Community Affairs, or a designee from that

19  department, the Secretary of Environmental Protection, or a

20  designee from that department, the Commissioner of Education,

21  or a designee from that department, the Secretary of

22  Transportation, or a designee from that department, the

23  Commissioner of Agriculture, or a designee from the Department

24  of Agriculture and Consumer Services, the Secretary of

25  Management Services, or a designee from that department, and a

26  representative of each of the following, who shall be

27  appointed by the Secretary of Community Affairs within 30 days

28  after the effective date of this act:

29         a.  The Florida biodiesel industry.

30         b.  The Florida electric utility industry.

31         c.  The Florida natural gas industry.

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    Florida Senate - 2002                           CS for SB 1664
    306-2055A-02




  1         d.  The Florida propane gas industry.

  2         e.  An automobile manufacturers' association.

  3         f.  A Florida Clean Cities Coalition designated by the

  4  United States Department of Energy.

  5         g.  Enterprise Florida, Inc.

  6         h.  EV Ready Broward.

  7         i.  The Florida petroleum industry.

  8         j.  The Florida League of Cities.

  9         k.  The Florida Association of Counties.

10         l.  Floridians for Better Transportation.

11         m.  A motor vehicle manufacturer.

12         n.  Florida Local Environment Resource Agencies.

13         o.  Project for an Energy Efficient Florida.

14         p.  Florida Transportation Builders Association.

15         2.  The purpose of the advisory board is to serve as a

16  resource for the department and to provide the Governor, the

17  Legislature, and the Secretary of Community Affairs with

18  private sector and other public agency perspectives on

19  achieving the goal of increasing the use of alternative fuel

20  vehicles in this state.

21         3.  Members shall be appointed to serve terms of 1 year

22  each, with reappointment at the discretion of the Secretary of

23  Community Affairs. Vacancies shall be filled for the remainder

24  of the unexpired term in the same manner as the original

25  appointment.

26         4.  The board shall annually select a chairperson.

27         5.a.  The board shall meet at least once each quarter

28  or more often at the call of the chairperson or the Secretary

29  of Community Affairs.

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    Florida Senate - 2002                           CS for SB 1664
    306-2055A-02




  1         b.  Meetings are exempt from the notice requirements of

  2  chapter 120, and sufficient notice shall be given to afford

  3  interested persons reasonable notice under the circumstances.

  4         6.  Members of the board are entitled to travel

  5  expenses while engaged in the performance of board duties.

  6         7.  The board shall terminate on July 1, 2004 5 years

  7  after the effective date of this act.

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

  9  state with reference to alternative fuel vehicle

10  implementation in complying with federal laws and maximizing

11  available federal funding and may:

12         1.  Advise the Governor, Legislature, and the Secretary

13  of Community Affairs and make recommendations regarding

14  implementation and use of alternative fuel vehicles in this

15  state.

16         2.  Identify potential improvements in this act and the

17  state's alternative fuel policies.

18         3.  Request from all state agencies any information the

19  board determines relevant to board duties.

20         4.  Regularly report to the Secretary of Community

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

22  Speaker of the House of Representatives regarding the board's

23  findings and recommendations.

24         (d)1.  The advisory board shall, by January 1, 2003

25  within 120 days after its first meeting, make recommendations

26  to the Department of Community Affairs, the Governor, and the

27  Legislature regarding:

28         1.  The impact of emerging transportation technologies,

29  including, but not limited to, hybrid vehicles, fuel cells,

30  and hydrogen fuels, on state transportation revenues derived

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    Florida Senate - 2002                           CS for SB 1664
    306-2055A-02




  1  from motor fuel taxes as a result of improved fuel

  2  efficiencies and increased use of alternative fuels.

  3         2.  The impact of emerging transportation technologies

  4  on transportation infrastructure such as, but not limited to,

  5  fuel distribution, refueling infrastructure, and technology

  6  and training needs, especially with regard to the pending

  7  impact of fuel cell technology on transportation and energy.

  8         3.  The development of emerging transportation

  9  technologies and their potential for impact on this state's

10  investment in transportation.

11         4.  The projected costs of an alternative fuel vehicle

12  incentive program. for establishing pilot programs in this

13  state that provide experience and support the best use

14  expansion of the alternative fuel vehicle industry in this

15  state. No funds shall be released for a project unless there

16  is at least a 50-percent private or local match.

17         2.  In addition to the pilot programs, the advisory

18  board shall assess federal, state, and local initiatives to

19  identify incentives that encourage successful alternative fuel

20  vehicle programs; obstacles to alternative fuel vehicle use

21  including legislative, regulatory, and economic obstacles; and

22  programs that educate and inform the public about alternative

23  fuel vehicles.

24         3.  The advisory board is charged with determining a

25  reasonable, fair, and equitable way to address current motor

26  fuel taxes as they apply to alternative fuels and at what

27  threshold of market penetration.

28         4.  Based on its findings, the advisory board shall

29  develop recommendations to the Legislature on future

30  alternative fuel vehicle programs and legislative changes that

31  provide the best use of state and other resources to enhance

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    Florida Senate - 2002                           CS for SB 1664
    306-2055A-02




  1  the alternative fuel vehicle market in this state and maximize

  2  the return on that investment in terms of job creation,

  3  economic development, and emissions reduction.

  4         (e)  The advisory board, working with the Department of

  5  Community Affairs, shall develop a budget for the department's

  6  approval, and all expenditures shall be approved by the

  7  department. At the conclusion of the first year, the

  8  department shall conduct an audit of the board and board

  9  programs.

10         Section 2.  The sum of $50,000 is appropriated to the

11  Center for Urban Transportation Research for the purpose of

12  assisting the Clean Fuel Florida Advisory Board in the

13  preparation of the report provided in section 403.42(3)(d),

14  Florida Statutes. The Department of Transportation shall

15  assist the advisory board by sharing any relevant studies to

16  prevent the duplication of effort.

17         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                           CS for SB 1664
    306-2055A-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1664

  3

  4  This CS would require the Clean Fuel Florida Advisory Board to
    report to the Department of Community Affairs, the Governor
  5  and the Legislature by January 1, 2003 regarding:

  6  1.  The impact of emerging transportation technologies on
    state transportation revenues derived from motor fuel taxes;
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    2.  The impact of emerging transportation technologies on
  8  transportation infrastructure such as fuel distribution and
    refueling infrastructure;
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    3.  The development of emerging transportation technologies
10  and their potential for impact on this state's investment in
    transportation; and
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    4.  The projected costs of an alternative fuel vehicle
12  incentive program.

13  The Center for Urban Transportation Research is appropriated
    $50,000 to assist in the study; the Department of
14  Transportation is required to assist in the study to avoid any
    duplication of effort.
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