HB 1521

1	A bill to be entitled
2	An act relating to renewable energy; amending s. 366.82,
3	F.S.; deleting references to conform; amending and
4	renumbering s. 377.601, F.S.; providing legislative
5	findings and intent; providing state energy policy;
6	renumbering s. 377.704, F.S., relating to appropriation of
7	funds from settlement of petroleum overcharge litigation;
8	amending and renumbering s. 377.705, F.S., relating to
9	development of solar energy standards; revising
10	legislative findings, intent, and definitions; requiring
11	the Florida Solar Energy Center to adopt certain
12	standards; amending and renumbering s. 377.709, F.S.;
13	revising language in provisions relating to funding by
14	electric utilities of local governmental solid waste
15	facilities that generate electricity; renumbering s.
16	377.71, F.S., relating to definitions applicable to the
17	Southern States Energy Compact; amending and renumbering
18	s. 377.711, F.S., relating to the Southern States Energy
19	Compact; requiring certain recommendations to be made
20	through the Department of Environmental Protection;
21	revising language; amending and renumbering s. 377.712,
22	F.S., relating to state participation on the Southern
23	States Energy Board; conforming a cross reference;
24	amending s. 403.42, F.S.; transferring responsibility for
25	the Florida Clean Air Act from the Department of Community
26	Affairs to the Department of Environmental Protection;
27	creating s. 403.431, F.S.; providing definitions
28	applicable to state energy policy; creating s. 403.432,
29	F.S.; providing certain functions of the Department of
30	Environmental Protection relating to state energy policy;
31	creating s. 403.45, F.S.; creating the Florida Renewable
32	Energy Research and Development Institute; assigning the
33	institute to the Department of Environmental Protection
34	for administrative proposes and for overall mission
35	oversight; providing certain responsibilities to the
36	institute; amending s. 403.973, F.S.; conforming a cross
37	reference; amending s. 288.041, F.S.; providing for
38	transfer to the Department of Environmental Protection of
39	solar energy promotional activities of the Department of
40	Community Affairs; providing for type two transfer of the
41	Solar Energy Program and the Clean Fuel Florida Advisory
42	Board from the Department of Community Affairs to the
43	Department of Environmental Protection; amending s.
44	633.022, F.S.; requiring uniform firesafety standards for
45	hydrogen fueling stations; granting the State Fire Marshal
46	rulemaking authority to adopt certain standards relating
47	to use, production, and storage of hydrogen; repealing s.
48	377.602, F.S., relating to definitions; repealing s.
49	377.603, F.S., relating powers and duties of the
50	Department of Community Affairs with respect to energy
51	data collection; repealing s. 377.604, F.S., relating to
52	required reports; repealing s. 377.605, F.S., relating to
53	use of existing information; repealing s. 377.606, F.S.,
54	relating to limits of confidentiality for records of the
55	department; repealing s. 377.607, F.S., relating to
56	violations and penalties; repealing s. 377.608, F.S.,
57	relating to prosecution of cases by state attorney;
58	repealing s. 377.701, F.S., relating to petroleum
59	allocation; repealing s. 377.703, F.S., relating to
60	additional functions of the department for an energy
61	emergency contingency plan and federal and state
62	conservation programs; providing an effective date.
63
64	Be It Enacted by the Legislature of the State of Florida:
65
66	Section 1.  Paragraph (a) of subsection (6) of section
67	366.82, Florida Statutes, is amended to read:
68	366.82  Definition; goals; plans; programs; annual reports;
69	energy audits.--
70	(6)(a)  Notwithstanding the provisions of s. 377.703, The
71	commission shall be the responsible state agency for performing,
72	coordinating, implementing, or administering the functions of
73	the state plan submitted for consideration under the National
74	Energy Conservation Policy Act and any acts amendatory thereof
75	or supplemental thereto and for performing, coordinating,
76	implementing, or administering the functions of any future
77	federal program delegated to the state which relates to
78	consumption, utilization, or conservation of electricity or
79	natural gas; and the commission shall have exclusive
80	responsibility for preparing all reports, information, analyses,
81	recommendations, and materials related to consumption,
82	utilization, or conservation of electrical energy which are
83	required or authorized by s. 377.703.
84	Section 2.  Section 377.601, Florida Statutes, is
85	renumbered as section 403.43, Florida Statutes, and amended to
86	read:
87	403.43 377.601  Legislative intent.--
88	(1)  The Legislature finds that proper management of
89	current energy resources, the promotion of efficient use of
90	energy resources, and the promotion of alternative energy
91	resources will help to reduce pollution, reduce demand on
92	foreign fuels, enhance system reliability, and promote economic
93	growth. The Legislature finds that the ability to deal
94	effectively with present shortages of resources used in the
95	production of energy is aggravated and intensified because of
96	inadequate or nonexistent information and that intelligent
97	response to these problems and to the development of a state
98	energy policy demands accurate and relevant information
99	concerning energy supply, distribution, and use. The Legislature
100	finds and declares that a procedure for the collection and
101	analysis of data on the energy flow in this state is essential
102	to the development and maintenance of an energy profile defining
103	the characteristics and magnitudes of present and future energy
104	demands and availability so that the state may rationally deal
105	with present energy problems and anticipate future energy
106	problems.
107	(2)  It is the intent of the Legislature to promote the
108	efficient, effective, and economical management of energy
109	issues, centralize energy coordination responsibilities,
110	pinpoint responsibility for conducting energy programs, and
111	ensure the accountability of state agencies for the
112	implementation of subsection (3), the state energy policy. The
113	Legislature recognizes that in order to achieve this goal there
114	should be a single state office charged with managing and
115	promoting the state's energy policy. It is the specific intent
116	of the Legislature that nothing in this act shall in any way
117	change the powers, duties, and responsibilities assigned by the
118	Florida Electrical Power Plant Siting Act under part II of
119	chapter 403 or the powers, duties, and responsibilities of the
120	Florida Public Service Commission. The Legislature further
121	recognizes that every state official dealing with energy
122	problems should have current and reliable information on the
123	types and quantity of energy resources produced, imported,
124	converted, distributed, exported, stored, held in reserve, or
125	consumed within the state.
126	(3)  It is the intent of the Legislature in the passage of
127	this act to provide the necessary mechanisms for the effective
128	development of information necessary to rectify the present lack
129	of information which is seriously handicapping the state's
130	ability to deal effectively with the energy problem. To this
131	end, the provisions of ss. 377.601-377.608 should be given the
132	broadest possible interpretation consistent with the stated
133	legislative desire to procure vital information. It is the
134	policy of the state to:
135	(a)  Develop and promote the effective use of energy in the
136	state and discourage all forms of energy waste.
137	(b)  Develop and institute Play a leading role in
138	developing and instituting energy management programs aimed at
139	promoting energy conservation.
140	(c)  Include energy considerations in all planning.
141	(d)  Utilize and manage effectively energy resources used
142	within state agencies.
143	(e)  Encourage local governments to include energy
144	considerations in all planning and to support their work in
145	promoting energy management programs.
146	(f)  Include the full participation of citizens in the
147	development and implementation of energy programs.
148	(g)  Consider in its decisions the energy needs of each
149	economic sector, including residential, industrial, commercial,
150	agricultural, and governmental uses.
151	(h)  Promote energy education and the public dissemination
152	of information on energy and its environmental, economic, and
153	social impact.
154	(i)  Encourage the research, development, demonstration,
155	and application of alternative energy resources, particularly
156	renewable energy resources.
157	(j)  Consider, in its decisionmaking, the social, economic,
158	and environmental impacts of energy-related activities, so that
159	detrimental effects of these activities are understood and
160	minimized.
161	(k)  Develop and maintain energy emergency preparedness
162	plans to minimize the effects of an energy shortage within
163	Florida.
164	Section 3.  Section 377.704, Florida Statutes, is
165	renumbered as section 403.433, Florida Statutes.
166	Section 4.  Section 377.705, Florida Statutes, is
167	renumbered as section 403.44, Florida Statutes, and amended to
168	read:
169	403.44 377.705  Solar Energy Center; development of solar
170	energy standards.--
171	(1)  POPULAR NAME SHORT TITLE.--This act shall be known and
172	may be cited as by the popular name the "Solar Energy Standards
173	Act of 1976."
174	(2)  LEGISLATIVE FINDINGS AND INTENT.--
175	(a)  The Legislature recognizes that if present trends
176	continue, Florida will increase present energy consumption
177	dramatically sixfold by the year 2200 2000. Because of this
178	dramatic increase and because existing domestic conventional
179	energy resources will not provide sufficient energy to meet the
180	nation's future needs, new sources of energy must be developed
181	and applied. One such source, solar energy, has been in limited
182	use in Florida for over 30 years. Applications of incident solar
183	energy, the use of solar radiation to provide energy for water
184	heating, space heating, space cooling, and other uses, through
185	suitable absorbing equipment, including, but not limited to,
186	photovoltaics, on or near a residence or commercial structure,
187	must be extensively expanded. Unfortunately, the initial costs
188	with regard to the production of solar energy have been
189	prohibitively expensive. However, because of increases in the
190	cost of conventional fuel, certain applications of solar energy
191	are becoming competitive, particularly when life-cycle costs are
192	considered. It is the intent of the Legislature in formulating a
193	sound and balanced energy policy for the state to encourage the
194	development of an alternative energy capability in the form of
195	incident solar energy.
196	(b)  Toward this purpose, the Legislature intends to
197	provide incentives for the production and sale of, and to set
198	standards for, solar energy systems. Such standards shall ensure
199	that solar energy systems manufactured or sold within the state
200	are effective and represent a high level of quality of
201	materials, workmanship, and design.
202	(3)  DEFINITIONS.--
203	(a)  "Center" is defined as the Florida Solar Energy Center
204	of the Board of Regents.
205	(b)  "Solar energy systems" is defined as equipment,
206	including but not limited to, photovoltaics, which provides for
207	the collection and use of incident solar energy for water
208	heating, space heating or cooling, or other applications which
209	normally require or would require a conventional source of
210	energy such as petroleum products, natural gas, or electricity
211	and which performs primarily with solar energy. In such other
212	systems in which solar energy is used in a supplemental way,
213	only those components which collect and transfer solar energy
214	shall be included in this definition.
215	(4)  FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
216	DISCLOSURE, SET TESTING FEES.--
217	(a)  The center shall develop and adopt promulgate
218	standards for solar energy systems manufactured or sold in this
219	state based on the best currently available information and
220	shall consult with scientists, engineers, or persons in research
221	centers who are engaged in the construction of, experimentation
222	with, and research of solar energy systems to properly identify
223	the most reliable designs and types of solar energy systems.
224	(b)  The center shall establish criteria for testing
225	performance of solar energy systems and shall maintain the
226	necessary capability for testing or evaluating performance of
227	solar energy systems. The center may accept results of tests on
228	solar energy systems made by other organizations, companies, or
229	persons when such tests are conducted according to the criteria
230	established by the center and when the testing entity has no
231	vested interest in the manufacture, distribution or sale of
232	solar energy systems.
233	(c)  The center shall be entitled to receive a testing fee
234	sufficient to cover the costs of such testing. All testing fees
235	shall be transmitted by the center to the Chief Financial
236	Officer to be deposited in the Solar Energy Center Testing Trust
237	Fund, which is hereby created in the State Treasury, and
238	disbursed for the payment of expenses incurred in testing solar
239	energy systems.
240	(d)  All solar energy systems manufactured or sold in the
241	state must meet the standards established by the center and
242	shall display accepted results of approved performance tests in
243	a manner prescribed by the center.
244	Section 5.  Section 377.709, Florida Statutes, is
245	renumbered as section 366.052, Florida Statutes, and amended to
246	read:
247	366.052 377.709  Funding by electric utilities of local
248	governmental solid waste facilities that generate electricity.--
249	(1)  LEGISLATIVE INTENT.--The Legislature declares that it
250	is critical to encourage energy conservation in order to protect
251	the health, prosperity, and general welfare of this state and
252	its citizens. The Legislature also declares that the disposal of
253	solid refuse is an important governmental obligation and that,
254	if the disposal is not accomplished in a proper manner, such
255	refuse poses a definite threat to the public health and welfare.
256	The Legislature further declares that the combustion of refuse
257	by solid waste facilities to supplement the electricity supply
258	not only represents an effective conservation effort but also
259	represents an environmentally preferred alternative to
260	conventional solid waste disposal in this state. Therefore, the
261	Legislature directs the Florida Public Service Commission to
262	establish a funding program to encourage the development by
263	local governments of solid waste facilities that use solid waste
264	as a primary source of fuel for the production of electricity.
265	(2)  DEFINITIONS.--As used in this section, the term:
266	(a)  "Commission" means the Florida Public Service
267	Commission.
268	(b)  "Cost-effective" means that the cost of electrical
269	capacity and energy produced by a solid waste facility financed
270	and constructed pursuant to this section and delivered to an
271	electric utility is no greater than the cost to that utility of
272	producing an equivalent amount of capacity and energy had the
273	alternative facility not been constructed and operated.
274	(c)  "Electric utility" means any electric utility over
275	which the commission has ratesetting authority.
276	(d)  "Electrical component" means the turbine, generator,
277	and associated transmission facilities of a solid waste
278	facility.
279	(e)  "Local government" means any municipality, county, or
280	consolidated government, or special district, authority, or
281	commission, or any combination thereof.
282	(f)  "Solid waste facility" means a facility owned or
283	operated by, or on behalf of, a local government for the purpose
284	of disposing of solid waste, as that term is defined in s.
285	403.703(13), by any process that produces heat and incorporates,
286	as a part of the facility, the means of converting heat to
287	electrical energy in amounts greater than actually required for
288	the operation of the facility.
289	(3)  ADVANCE FUNDING PROGRAM.--
290	(a)  Upon the petition of a local government, the
291	commission may shall have the authority, subject to the
292	provisions of this section, to require an electric utility to
293	enter into a contract with the local government to provide
294	advanced funding to such government for the construction of the
295	electrical component of a solid waste facility.
296	(b)  A contract may not be entered into without the prior
297	approval of the contract by the commission. The commission may
298	approve or disapprove a contract, or it may modify a contract
299	with the concurrence of the parties to the contract. When
300	reviewing a contract, the commission shall consider those items
301	it deems appropriate, including, but not limited to, the cost-
302	effectiveness of the unit and the financial ability of the
303	electric utility to provide the funding. If an electric utility
304	and a local government cannot agree to the terms of a contract,
305	or if it is shown that an electric utility has refused to
306	negotiate a contract with a local government, the commission may
307	prescribe the terms of the contract subject to the provisions of
308	this section. The commission, however, shall not approve a
309	contract which violates is violative of any of the following
310	provisions:
311	1.  If the commission determines that advanced-capacity
312	payments to the local government during the period of
313	construction are appropriate, such payments must be the lesser
314	of:
315	a.  The net present value of avoided-capacity cost for the
316	electric utility calculated over the period of time during which
317	the local government contracts to provide electrical capacity to
318	the utility. The avoided-capacity cost is that cost established
319	by the commission pursuant to s. 366.05(9) and in effect by
320	commission rule at the time the order approving the contract is
321	issued; or
322	b.  An amount which is not more than the amount of the
323	design costs of the electrical component of the solid waste
324	facility as determined by the commission to be reasonable and
325	prudent at the time of its order, or such portion thereof that
326	is proportionate to the electrical capacity made available by
327	contract to the electric utility.
328	2.  If the commission determines that energy payments to
329	the local government are appropriate, such payments may not be
330	greater than the lesser of:
331	a.  The hourly incremental energy rates of the electric
332	utility as provided for in its approved tariffs over the period
333	of the contract; or
334	b.  The energy costs associated with the avoided-capacity
335	costs of the electric utility as determined by the commission.
336	3.  The electric utility must currently be providing
337	electrical energy at retail within the geographic area of the
338	local government or within the geographic area of one or more of
339	the participating local governments.
340	4.  The amount of financing, including all carrying costs,
341	plus reasonable and prudent administrative costs incurred by the
342	electric utility, must be recovered from the ratepayers of the
343	electric utility pursuant to the provisions of the Florida
344	Energy Efficiency and Conservation Act. An electric utility may
345	not be required to pay to the local government any funding in
346	excess of that collected from its ratepayers.
347	5.  Funding of the electrical component of the solid waste
348	facility must be cost-effective to the ratepayer and must not
349	cause or contribute to the uneconomic duplication of electric
350	facilities.
351	(4)  ADVANCED-CAPACITY PAYMENTS AND REFUNDS.--The amounts
352	required of an electric utility as advanced-capacity payments
353	shall be paid to the local government unit during the
354	construction of the project as established by the contract and
355	approved by the order. Such payments are subject to being
356	refunded in full or proportionately to the electric utility if
357	the electrical component of the solid waste facility fails, for
358	any reason, to operate at a 70-percent-capacity factor based on
359	a 12-month rolling average. Any refund shall be calculated and
360	paid annually. If during the life of the contract a solid waste
361	facility is abandoned, closed down, or rendered illegal by
362	applicable law, ordinance, or regulation, the full amount of any
363	unrefunded advanced-capacity payments is subject to being
364	refunded to the electric utility. Any refund by a local
365	government of advanced-capacity payments to an electric utility
366	shall be refunded by the electric utility to its customers as a
367	credit shown on the customers' bills as soon as is practicable
368	after the receipt of the refunded portions. The obligation to
369	make a refund is binding on the local government and its
370	successors in interest. In the case of a combination of local
371	governments, if such combination is dissolved or otherwise
372	ceases to function, the refund is a legal and binding obligation
373	of the individual local governments which participated in the
374	formation of the combination, in proportion to their interests.
375	(5)  ELECTRIC ENERGY PRICING PROGRAM.--
376	(a)  The commission shall establish rules relating to the
377	purchase of capacity or energy by electric utilities as defined
378	in this section from solid waste management facilities. In
379	setting these rates solid waste management facilities may be
380	exempted from any risk-related consideration which the
381	commission may use in determining the avoided-capacity cost
382	applicable to other cogenerators, small power producers, or
383	solid waste facilities that are not operated by, or on behalf
384	of, a local government. Such exemptions are intended to foster
385	the development of solid waste management facilities that
386	generate electricity and provide incentives for the development
387	of environmentally sound methods of disposing of solid wastes
388	without imposing undue risk or cost to electric consumers in
389	this state. The commission shall authorize levelized payments
390	for purchase of capacity or energy from a local government solid
391	waste management facility. Payments provided pursuant to this
392	subsection are subject to the terms and conditions set out in
393	subsection (4) for advanced-capacity payments, and such payments
394	are recoverable from ratepayers of the electric utility as
395	provided in subparagraph (3)(b)4.
396	(b)  It is the intent of the Legislature to encourage
397	parties to review contracts in effect as of October 1, 1988, to
398	incorporate the applicable provisions of this section, subject
399	to approval of the commission.
400	(6)  EXEMPTIONS.--A new solid waste facility, as defined in
401	this section, not greater than 75 megawatts 75MW, or a solid
402	waste facility expansion of not greater than 50 megawatts 50MW,
403	shall be exempt from the need determination process outlined in
404	s. 403.519.
405	(7)  RULES.--The commission shall adopt all rules necessary
406	to implement this section.
407	Section 6.  Section 377.71, Florida Statutes, is renumbered
408	as section 403.46, Florida Statutes.
409	Section 7.  Section 377.711, Florida Statutes, is
410	renumbered as section 403.461, Florida Statutes, and amended to
411	read:
412	403.461 377.711  Florida party to Southern States Energy
413	Compact.--The Southern States Energy Compact is created enacted
414	into law and entered into by the state as a party, and is of
415	full force and effect between the state and any other states
416	joining therein in accordance with the terms of the compact,
417	which compact is substantially as follows:
418	(1)  POLICY AND PURPOSE.--The party states recognize that
419	the proper employment and conservation of energy and employment
420	of energy-related facilities, materials, and products, within
421	the context of a responsible regard for the environment, can
422	assist substantially in the industrialization of the South and
423	the development of a balanced economy for the region. They also
424	recognize that optimum benefit from an acquisition of energy
425	resources and facilities requires systematic encouragement,
426	guidance, and assistance from the party states on a cooperative
427	basis. It is the policy of the party states to undertake such
428	cooperation on a continuing basis; it is the purpose of this
429	compact to provide the instruments and framework for such a
430	cooperative effort to improve the economy of the South and
431	contribute to the individual and community well-being of the
432	people of this region.
433	(2)  BOARD.--
434	(a)  There is hereby created an agency of the party states
435	to be known as the Southern States Energy Board (hereinafter
436	called the "board"). The board shall be composed of three
437	members from each party state, one of whom shall be appointed or
438	designated in each state to represent the governor, the state
439	senate, and the state house of representatives, respectively.
440	Each member shall be designated or appointed in accordance with
441	the law of the state which he or she represents and shall serve
442	and be subject to removal in accordance with such law. Any
443	member of the board may provide for the discharge of the
444	member's duties and the performance of his or her functions
445	thereon, (either for the duration of his or her membership or
446	for any less period of time), by a deputy or assistant, if the
447	laws of the member's state make specific provision therefor. The
448	Federal Government may be represented without vote if provision
449	is made by federal law for such representation.
450	(b)  Each party state shall be entitled to one vote on the
451	board, to be determined by majority vote of each member or
452	member's representative from the party state present and voting
453	on any question. No action of the board shall be binding unless
454	taken at a meeting at which a majority of all party states are
455	represented and unless a majority of the total number of votes
456	are cast in favor thereof.
457	(c)  The board shall have a seal.
458	(d)  The board shall elect annually, from among its
459	members, a chair, a vice chair, and a treasurer. The board shall
460	appoint an executive director who shall serve at its pleasure
461	and who shall also act as secretary, and who, together with the
462	treasurer, shall be bonded in such amounts as the board may
463	require.
464	(e)  The executive director, with approval of the board,
465	shall appoint and remove or discharge such personnel as may be
466	necessary for the performance of the board's functions
467	irrespective of the civil service, personnel, or other merit
468	system laws of any of the party states.
469	(f)  The board may establish and maintain, independently or
470	in conjunction with any one or more of the party states, a
471	suitable retirement system for its full-time employees.
472	Employees of the board shall be eligible for social security
473	coverage in respect of old age and survivors' insurance,
474	provided that the board takes such steps as may be necessary
475	pursuant to federal law to participate in such program of
476	insurance as a governmental agency or unit. The board may
477	establish and maintain or participate in such additional
478	programs of employee benefits as may be appropriate.
479	(g)  The board may borrow, accept, or contract for the
480	services of personnel from any state or the United States or any
481	subdivision or agency thereof, from any interstate agency, or
482	from any institution, person, firm, or corporation.
483	(h)  The board may accept for any of its purposes and
484	functions under this compact any and all donations and grants of
485	money, equipment, supplies, materials, and services (conditional
486	or otherwise) from any state or the United States or any
487	subdivision or agency thereof, from any interstate agency, or
488	from any institution, person, firm, or corporation, and may
489	receive, utilize, and dispose of the same.
490	(i)  The board may establish and maintain such facilities
491	as may be necessary for the transacting of its business. The
492	board may acquire, hold, and convey real and personal property
493	and any interest therein.
494	(j)  The board shall adopt bylaws, rules, and regulations
495	for the conduct of its business and shall have the power to
496	amend and rescind these bylaws, rules, and regulations. The
497	board shall publish its bylaws, rules, and regulations in
498	convenient form and shall also file a copy of any amendment
499	thereto with the appropriate agency or officer in each of the
500	party states.
501	(k)  The board annually shall make to the governor of each
502	party state an annual a report covering the activities of the
503	board for the preceding year and embodying such recommendations
504	as may have been adopted by the board, which report shall be
505	transmitted to the legislature of said state. The board may
506	issue such additional reports as it may deem desirable.
507	(3)  FINANCES.--
508	(a)  The board shall submit to the executive head or
509	designated officer or officers of each state a budget of its
510	estimated expenditures for such period as may be required by the
511	laws of that jurisdiction for presentation to the legislature
512	thereof.
513	(b)  Each of the board's budgets of estimated expenditures
514	shall contain specific recommendations of the amount or amounts
515	to be appropriated by each of the party states. One-half of the
516	total amount of each budget of estimated expenditures shall be
517	apportioned among the party states in equal shares; one-quarter
518	of each such budget shall be apportioned among the party states
519	in accordance with the ratio of their populations to the total
520	population of the entire group of party states based on the
521	latest official decennial census; and one-quarter of each such
522	budget shall be apportioned among the party states on the basis
523	of the relative average per capita income of the inhabitants in
524	each of the party states based on the latest computations
525	published by the federal census-taking agency. Subject to
526	appropriation by their respective legislatures, the board shall
527	be provided with such funds by each of the party states as are
528	necessary to provide the means of establishing and maintaining
529	facilities, a staff of personnel, and such activities as may be
530	necessary to fulfill the powers and duties imposed upon and
531	entrusted to the board.
532	(c)  The board may meet any of its obligations in whole or
533	in part with funds available to it under paragraph (2)(h),
534	provided that the board takes specific action setting aside such
535	funds prior to the incurring of any obligation to be met in
536	whole or in part in this manner. Except where the board makes
537	use of funds available to it under paragraph (2)(h), the board
538	shall not incur any obligation prior to the allotment of funds
539	by the party jurisdiction adequate to meet the same.
540	(d)  The board shall keep accurate accounts of all receipts
541	and disbursements. The receipts and disbursements of the board
542	shall be subject to the audit and accounting procedures
543	established under its bylaws. However, all receipts and
544	disbursements of funds handled by the board shall be audited
545	yearly by a qualified public accountant, and the report of the
546	audit shall be included in and become part of the annual report
547	of the board.
548	(e)  The accounts of the board shall be open at any
549	reasonable time for inspection.
550	(4)  ADVISORY COMMITTEES.--The board may establish such
551	advisory and technical committees as it may deem necessary,
552	membership on which will include, but not be limited to, private
553	citizens; expert and lay personnel; representatives of industry,
554	labor, commerce, agriculture, civic associations, medicine,
555	education, and voluntary health agencies; and officials of
556	local, state, and federal government, and may cooperate with and
557	use the services of any such committees and the organizations
558	which they represent in furthering any of its activities under
559	this compact.
560	(5)  POWERS.--The board shall have the power to:
561	(a)  Ascertain and analyze on a continuing basis the
562	position of the South with respect to energy, energy-related
563	industries, and environmental concerns.
564	(b)  Encourage the development, conservation, and
565	responsible use of energy and energy-related facilities,
566	installations, and products as part of a balanced economy and a
567	healthy environment.
568	(c)  Collect, correlate, and disseminate information
569	relating to civilian uses of energy and energy-related materials
570	and products.
571	(d)  Conduct, or cooperate in conducting, programs of
572	training for state and local personnel engaged in any aspects
573	of:
574	1.  Energy, environment, and application of energy,
575	environmental, and related concerns to industry, medicine, or
576	education or the promotion or regulation thereof.
577	2.  The formulation or administration of measures designed
578	to promote safety in any matter related to the development, use,
579	or disposal of energy and energy-related materials, products,
580	installations, or wastes.
581	(e)  Organize and conduct, or assist and cooperate in
582	organizing and conducting, demonstrations of energy product,
583	material, or equipment use and disposal and of proper techniques
584	or processes for the application of energy resources to the
585	civilian economy or general welfare.
586	(f)  Undertake such nonregulatory functions with respect to
587	sources of radiation as may promote the economic development and
588	general welfare of the region.
589	(g)  Study industrial, health, safety, and other standards,
590	laws, codes, rules, regulations, and administrative practices in
591	or related to energy and environmental fields.
592	(h)  Recommend such changes in, or amendments or additions
593	to, the laws, codes, rules, regulations, administrative
594	procedures and practices, or ordinances of the party states in
595	any of the fields of its interest and competence as in its
596	judgment may be appropriate. Any such recommendation shall be
597	made, in the case of Florida, through the Department of
598	Environmental Protection Commerce.
599	(i)  Prepare, publish, and distribute (with or without
600	charge) such reports, bulletins, newsletters, or other material
601	as it deems appropriate.
602	(j)  Cooperate with the United States Department of Energy
603	or any agency successor thereto, any other officer or agency of
604	the United States, any other governmental unit or agency or
605	officer thereof, and any private persons or agencies in any of
606	the fields of its interest.
607	(k)  Act as licensee of the United States Government or any
608	party state with respect to the conduct of any research activity
609	requiring such license and operate such research facility or
610	undertake any program pursuant thereto.
611	(l)  Ascertain from time to time such methods, practices,
612	circumstances, and conditions as may bring about the prevention
613	and control of energy and environmental incidents in the area
614	comprising the party states, coordinate the nuclear,
615	environmental, and other energy-related incident prevention and
616	control plans and the work relating thereto of the appropriate
617	agencies of the party states, and facilitate the rendering of
618	aid by the party states to each other in coping with energy and
619	environmental incidents. The board may formulate and, in
620	accordance with need from time to time, revise a regional plan
621	or regional plans for coping with energy and environmental
622	incidents within the territory of the party states as a whole or
623	within any subregion or subregions of the geographic areas
624	covered by this compact.
625	(6)  SUPPLEMENTARY AGREEMENTS.--
626	(a)  To the extent that the board has not undertaken an
627	activity or project which would be within its power under the
628	provisions of this compact, any two or more of the party states
629	(acting by their duly constituted administrative officials) may
630	enter into supplementary agreements for the undertaking and
631	continuance of such an activity or project. Any such agreement
632	shall specify its purpose or purposes, its duration and the
633	procedure for termination thereof or withdrawal therefrom, the
634	method of financing and allocating the costs of the activity or
635	project, and such other matters as may be necessary or
636	appropriate. No such supplementary agreement entered into
637	pursuant to this subsection shall become effective prior to its
638	submission to and approval by the board. The board shall give
639	such approval unless it finds that the supplementary agreement
640	or the activity or project contemplated thereby is inconsistent
641	with the provisions of this compact or a program or activity
642	conducted by or participated in by the board.
643	(b)  Unless all of the party states participate in a
644	supplementary agreement, any costs thereof shall be borne
645	separately by the states party thereto. However, the board may
646	administer or otherwise assist in the operation of any
647	supplementary agreement.
648	(c)  No party to a supplementary agreement entered into
649	pursuant to this subsection shall be relieved thereby of any
650	obligation or duty assumed by said party state under or pursuant
651	to this compact, except that timely and proper performance of
652	such obligation or duty by means of the supplementary agreement
653	may be offered as performance pursuant to the compact.
654	(7)  OTHER LAWS AND REGULATIONS.--Nothing in this compact
655	shall be construed to:
656	(a)  Permit or require any person or other entity to avoid
657	or refuse compliance with any law, rule, regulation, order, or
658	ordinance of a party state or subdivision thereof now or
659	hereafter made, enacted, or in force.
660	(b)  Limit, diminish, or otherwise impair jurisdiction
661	exercised by the United States Department of Energy or any
662	agency successor thereto or any other federal department,
663	agency, or officer pursuant to and in conformity with any valid
664	and operative Act of Congress.
665	(c)  Alter the relations between the respective internal
666	responsibilities of the government of a party state and its
667	subdivisions.
668	(d)  Permit or authorize the board to exercise any
669	regulatory authority or to own or operate any nuclear reactor
670	for the generation of electric energy; nor shall the board own
671	or operate any facility or installation for industrial or
672	commercial purposes.
673	(8)  ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL.--
674	(a)  Any or all of the states of Alabama, Arkansas,
675	Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland,
676	Mississippi, Missouri, North Carolina, Oklahoma, South Carolina,
677	Tennessee, Texas, Virginia, and West Virginia, the Commonwealth
678	of Puerto Rico, and the United States Virgin Islands shall be
679	eligible to become party to this compact.
680	(b)  As to any eligible party state, this compact shall
681	become effective when its legislature shall have enacted the
682	same into law, except that it shall not become initially
683	effective until enacted into law by seven states.
684	(c)  Any party state may withdraw from this compact by
685	enacting a statute repealing the same, but no such withdrawal
686	shall become effective until the governor of the withdrawing
687	state shall have sent formal notice in writing to the governor
688	of each other party state informing said governors of the action
689	of the legislature in repealing the compact and declaring an
690	intention to withdraw.
691	(9)  SEVERABILITY AND CONSTRUCTION.--The provisions of this
692	compact and of any supplementary agreement entered into
693	hereunder shall be severable, and if any phrase, clause,
694	sentence, or provision of this compact or such supplementary
695	agreement is declared to be contrary to the constitution of any
696	participating state or of the United States or the applicability
697	thereof to any government, agency, person, or circumstance is
698	held invalid, the validity of the remainder of this compact or
699	such supplementary agreement and the applicability thereof to
700	any government, agency, person, or circumstance shall not be
701	affected thereby. If this compact or any supplementary agreement
702	entered into hereunder shall be held contrary to the
703	constitution of any state participating therein, the compact or
704	such supplementary agreement shall remain in full force and
705	effect as to the remaining states and in full force and effect
706	as to the state affected as to all severable matters. The
707	provisions of this compact and of any supplementary agreement
708	entered into pursuant hereto shall be liberally construed to
709	effectuate the purposes thereof.
710	Section 8.  Section 377.712, Florida Statutes, is
711	renumbered as section 403.462, Florida Statutes, and amended to
712	read:
713	403.462 377.712  Florida participation.--
714	(1)(a)  The Governor shall appoint one member of the
715	Southern States Energy Board. The member or the Governor may
716	designate another person as the deputy or assistant to such
717	member.
718	(b)  The President of the Senate shall appoint one member
719	of the Southern States Energy Board. The member or the president
720	may designate another person as the assistant or deputy to such
721	member.
722	(c)  The Speaker of the House of Representatives shall
723	appoint one member of the Southern States Energy Board. The
724	member or the speaker may designate another person as the
725	assistant or deputy to such member.
726	(2)  Any supplementary agreement entered into under s.
727	403.461(6) 377.711(6) requiring the expenditure of funds shall
728	not become effective as to Florida until the required funds are
729	appropriated by the Legislature.
730	(3)  The department, agencies, and officers of this state,
731	and its subdivisions are authorized to cooperate with the board
732	in the furtherance of any of its activities pursuant to the
733	compact, provided such proposed activities have been made known
734	to, and have the approval of, either the Governor or the
735	Department of Health.
736	Section 9.  Section 403.42, Florida Statutes, is amended to
737	read:
738	403.42  Florida Clean Fuel Act.--
739	(1)  SHORT TITLE AND PURPOSE.--
740	(a)  This section may be cited as the "Florida Clean Fuel
741	Act."
742	(b)  The purposes of this act are to establish the Clean
743	Fuel Florida Advisory Board under the Department of
744	Environmental Protection Community Affairs to study the
745	implementation of alternative fuel vehicles and to formulate and
746	provide to the Secretary of Environmental Protection Community
747	Affairs recommendations on expanding the use of alternative fuel
748	vehicles in this state and make funding available for
749	implementation.
750	(2)  DEFINITIONS.--For purposes of this act:
751	(a)  "Alternative fuels" include electricity, biodiesel,
752	natural gas, propane, and any other fuel that may be deemed
753	appropriate in the future by the Department of Environmental
754	Protection Community Affairs with guidance from the Clean Fuel
755	Florida Advisory Board.
756	(b)  "Alternative fuel vehicles" include on-road and off-
757	road transportation vehicles and light-duty, medium-duty, and
758	heavy-duty vehicles that are powered by an alternative fuel or a
759	combination of alternative fuels.
760	(3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
761	MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--
762	(a)  The Clean Fuel Florida Advisory Board is established
763	within the Department of Environmental Protection Community
764	Affairs.
765	(b)1.  The advisory board shall consist of the Secretary of
766	Environmental Protection Community Affairs, or a designee from
767	that department, the Secretary of Community Affairs
768	Environmental Protection, or a designee from that department,
769	the Commissioner of Education, or a designee from that
770	department, the Secretary of Transportation, or a designee from
771	that department, the Commissioner of Agriculture, or a designee
772	from the Department of Agriculture and Consumer Services, the
773	Secretary of Management Services, or a designee from that
774	department, and a representative of each of the following, who
775	shall be appointed by the Secretary of Community Affairs within
776	30 days after the effective date of this act:
777	a.  The Florida biodiesel industry.
778	b.  The Florida electric utility industry.
779	c.  The Florida natural gas industry.
780	d.  The Florida propane gas industry.
781	e.  An automobile manufacturers' association.
782	f.  A Florida Clean Cities Coalition designated by the
783	United States Department of Energy.
784	g.  Enterprise Florida, Inc.
785	h.  EV Ready Broward.
786	i.  The Florida petroleum industry.
787	j.  The Florida League of Cities.
788	k.  The Florida Association of Counties.
789	l.  Floridians for Better Transportation.
790	m.  A motor vehicle manufacturer.
791	n.  Florida Local Environment Resource Agencies.
792	o.  Project for an Energy Efficient Florida.
793	p.  Florida Transportation Builders Association.
794	2.  The purpose of the advisory board is to serve as a
795	resource for the department and to provide the Governor, the
796	Legislature, and the Secretary of Environmental Protection
797	Community Affairs with private sector and other public agency
798	perspectives on achieving the goal of increasing the use of
799	alternative fuel vehicles in this state.
800	3.  Members shall be appointed to serve terms of 1 year
801	each, with reappointment at the discretion of the Secretary of
802	Environmental Protection Community Affairs. Vacancies shall be
803	filled for the remainder of the unexpired term in the same
804	manner as the original appointment.
805	4.  The board shall annually select a chairperson.
806	5.a.  The board shall meet at least once each quarter or
807	more often at the call of the chairperson or the Secretary of
808	Environmental Protection Community Affairs.
809	b.  Meetings are exempt from the notice requirements of
810	chapter 120, and sufficient notice shall be given to afford
811	interested persons reasonable notice under the circumstances.
812	6.  Members of the board are entitled to travel expenses
813	while engaged in the performance of board duties.
814	7.  The board shall terminate 5 years after the effective
815	date of this act.
816	(c)  The board shall review the performance of the state
817	with reference to alternative fuel vehicle implementation in
818	complying with federal laws and maximizing available federal
819	funding and may:
820	1.  Advise the Governor, Legislature, and the Secretary of
821	Environmental Protection Community Affairs and make
822	recommendations regarding implementation and use of alternative
823	fuel vehicles in this state.
824	2.  Identify potential improvements in this act and the
825	state's alternative fuel policies.
826	3.  Request from all state agencies any information the
827	board determines relevant to board duties.
828	4.  Regularly report to the Secretary of Environmental
829	Protection Community Affairs, the Governor, the President of the
830	Senate, and the Speaker of the House of Representatives
831	regarding the board's findings and recommendations.
832	(d)1.  The advisory board shall, within 120 days after its
833	first meeting, make recommendations to the Department of
834	Environmental Protection Community Affairs for establishing
835	pilot programs in this state that provide experience and support
836	the best use expansion of the alternative fuel vehicle industry
837	in this state. No funds shall be released for a project unless
838	there is at least a 50-percent private or local match.
839	2.  In addition to the pilot programs, the advisory board
840	shall assess federal, state, and local initiatives to identify
841	incentives that encourage successful alternative fuel vehicle
842	programs; obstacles to alternative fuel vehicle use including
843	legislative, regulatory, and economic obstacles; and programs
844	that educate and inform the public about alternative fuel
845	vehicles.
846	3.  The advisory board is charged with determining a
847	reasonable, fair, and equitable way to address current motor
848	fuel taxes as they apply to alternative fuels and at what
849	threshold of market penetration.
850	4.  Based on its findings, the advisory board shall develop
851	recommendations to the Legislature on future alternative fuel
852	vehicle programs and legislative changes that provide the best
853	use of state and other resources to enhance the alternative fuel
854	vehicle market in this state and maximize the return on that
855	investment in terms of job creation, economic development, and
856	emissions reduction.
857	(e)  The advisory board, working with the Department of
858	Environmental Protection Community Affairs, shall develop a
859	budget for the department's approval, and all expenditures shall
860	be approved by the department. At the conclusion of the first
861	year, the department shall conduct an audit of the board and
862	board programs.
863	Section 10.  Section 403.431, Florida Statutes, is created
864	to read:
865	403.431  Definitions.--As used in ss. 403.43-403.432:
866	(1)  "Coordinate," "coordination," or "coordinating" means
867	the examination and evaluation of state plans and programs and
868	the providing of recommendations to the Cabinet, Legislature,
869	and appropriate state agency on any measures deemed necessary to
870	ensure that such plans and programs are consistent with state
871	energy policy.
872	(2)  "Department" means the Department of Environmental
873	Protection.
874	(3)  "Energy conservation" means efficient energy use or
875	the utilization of renewable energy resources which results in
876	energy savings based upon a net reduction in the use of
877	nonrenewable resources.
878	(4)  "Energy efficiency" means efficient energy use of
879	energy delivered which results in energy savings based upon a
880	net reduction in the use of energy resources.
881	(5)  "Energy resources" includes, but is not limited to:
882	(a)  Propane, butane, motor gasoline, kerosene, home
883	heating oil, diesel fuel, other middle distillates, aviation
884	fuels, kerosene-type jet fuel, naphtha-type jet fuel, residual
885	fuels, crude oil, and other petroleum products and hydrocarbons
886	as may be determined by the department to be of importance.
887	(b)  All natural gas, including casinghead gas, all other
888	hydrocarbons not defined as petroleum products in paragraph (a),
889	and liquefied petroleum gas as defined in s. 527.01.
890	(c)  All types of coal and products derived from its
891	conversion and used as fuel.
892	(d)  All types of nuclear energy, special nuclear material,
893	and source material.
894	(e)  Every other energy resource, whether natural or
895	manmade, which the department determines to be important to the
896	production or supply of energy, including, but not limited to,
897	hydrogen, energy converted from solar radiation, biomass,
898	methane gas recovery, wind, hydraulic potential, tidal
899	movements, ocean currents, and geothermal sources.
900	(f)  All electrical energy.
901	(6)  "Energy source" means electricity, fossil fuels, solar
902	power, wind power, hydroelectric power, nuclear power, or any
903	other resource which has the capacity to do work.
904	(7)  "Facilities" means any building or structure not
905	otherwise exempted by the provisions of this act.
906	(8)  "Fuel" means petroleum, crude oil, petroleum product,
907	coal, natural gas, or any other substance used primarily for its
908	energy content.
909	(9)  "Local government" means any county, municipality,
910	regional planning agency, or other special district or local
911	governmental entity the policies or programs of which may affect
912	the supply or demand, or both, for energy in the state.
913	(10)  "Person" means producer, refiner, wholesaler,
914	marketer, consignee, jobber, distributor, storage operator,
915	importer, exporter, firm, corporation, broker, cooperative,
916	public utility as defined in s. 366.02, rural electrification
917	cooperative, municipality engaged in the business of providing
918	electricity or other energy resources to the public, pipeline
919	company, person transporting any energy resources as defined in
920	subsection (1), and person holding energy reserves for further
921	production; however, "person" does not include persons
922	exclusively engaged in the retail sale of petroleum products.
923	(11)  "Promotion" or "promote" means to encourage, aid,
924	assist, provide technical and financial assistance, or otherwise
925	seek to plan, develop, and expand.
926	(12)  "Regional planning agency" means those agencies
927	designated as regional planning agencies by the Department of
928	Community Affairs.
929	(13)  "Renewable energy resource" means any method,
930	process, or substance the use of which does not diminish its
931	availability or abundance, including, but not limited to,
932	biomass conversion, geothermal energy, solar energy, wind
933	energy, wood fuels derived from waste, ocean thermal gradient
934	power, hydroelectric power, and fuels derived from agricultural
935	products.
936	Section 11.  Section 403.432, Florida Statutes, is created
937	to read:
938	403.432  Functions of the Department of Environmental
939	Protection.--The Department of Environmental Protection shall
940	perform the following functions consistent with the development
941	of a state energy policy:
942	(1)  The department shall constitute the responsible state
943	agency for performing or coordinating the functions of any
944	federal energy programs delegated to the state.
945	(2)  The department shall analyze existing and proposed
946	federal energy programs and make recommendations regarding those
947	programs to the Governor.
948	(3)  The department shall coordinate efforts to seek
949	federal support or other support for state energy activities,
950	including energy conservation, research, or development, and
951	shall be the state agency responsible for the coordination of
952	multiagency energy conservation programs and plans.
953	(4)  The department shall promote the development and use
954	of renewable energy, including, but not limited to, technologies
955	leading to the production of or improvements in the production
956	or use of hydrogen fuel; fuel cells; distributed generation;
957	biodiesel and similar synthetic fuels; thermo-depolymerization
958	process; biomass; agricultural products and byproducts;
959	municipal solid waste, including landfill injection and landfill
960	mining; landfill gas; advanced nuclear power systems; solar
961	thermal and solar electricity; geothermal energy; biomass,
962	methane gas recovery, wind energy; ocean thermal gradient power;
963	ocean currents, hydroelectric power; environmental standards
964	such as generation portfolio standards; and conservation
965	programs including appliance efficiency standards.
966	(5)  The department shall promote the development and use
967	of solar energy resources by:
968	(a)  Establishing goals and strategies for increasing the
969	use of solar energy in this state.
970	(b)  Aiding and promoting the commercialization of solar
971	energy technology, in cooperation with the Florida Solar Energy
972	Center, Enterprise Florida, Inc., and any other federal, state,
973	or local governmental agency which may seek to promote research,
974	development, and demonstration of solar energy equipment and
975	technology.
976	(c)  In cooperation with the Department of Transportation,
977	Enterprise Florida, Inc., the Florida Solar Energy Center, and
978	the Florida Solar Energy Industries Association, investigating
979	opportunities, pursuant to the National Energy Policy Act of
980	1992 and the Housing and Community Development Act of 1992, for
981	solar electric vehicles and other solar energy manufacturing,
982	distribution, installation, and financing efforts which will
983	enhance this state's position as the leader in solar energy
984	research, development, and use.
985
986	In the exercise of its responsibilities under this subsection,
987	the department shall seek the assistance of the solar energy
988	industry in this state and other interested parties and is
989	authorized to enter into contracts, retain professional
990	consulting services, and expend funds appropriated by the
991	Legislature for such purposes.
992	(6)  The department shall promote energy conservation in
993	all energy use sectors throughout the state and shall constitute
994	the state agency primarily responsible for this function. To
995	this end, the department shall coordinate the energy
996	conservation programs of all state agencies and review and
997	comment on the energy conservation programs of all state
998	agencies.
999	(7)  The department shall serve as the state clearinghouse
1000	for indexing and gathering all information related to energy
1001	programs in state universities, in private universities, in
1002	federal, state, and local government agencies, and in private
1003	industry and shall prepare and distribute such information in
1004	any manner necessary to inform and advise the citizens of the
1005	state of such programs and activities. The department shall
1006	coordinate, promote, and respond to efforts by all sectors of
1007	the economy to seek financial support for energy activities. The
1008	department shall provide information to consumers regarding the
1009	anticipated energy-use and energy-saving characteristics of
1010	products and services in coordination with any federal, state,
1011	or local governmental agencies as may provide such information
1012	to consumers.
1013	(8)  The department shall coordinate energy-related
1014	programs of state government, including, but not limited to, the
1015	programs provided in this section. To this end, the department
1016	shall:
1017	(a)  Provide assistance to other state agencies, counties,
1018	municipalities, and regional planning agencies to further and
1019	promote their energy planning activities.
1020	(b)  Require, in cooperation with the Department of
1021	Management Services, all state agencies to operate state-owned
1022	and state-leased buildings in accordance with energy
1023	conservation standards as adopted by the Department of
1024	Management Services. Every 3 months, the Department of
1025	Management Services shall furnish the department data on
1026	agencies' energy consumption in a format mutually agreed upon by
1027	the two departments.
1028	(c)  Promote the development and use of renewable energy
1029	resources, energy efficiency technologies, and conservation
1030	measures.
1031	(d)  Promote the recovery of energy from wastes, including,
1032	but not limited to, the use of waste heat, the use of
1033	agricultural products as a source of energy, and recycling of
1034	manufactured products. Such promotion shall be conducted in
1035	conjunction with, and after consultation with, the Florida
1036	Public Service Commission where electrical generation or natural
1037	gas is involved, and any other relevant federal, state, or local
1038	governmental agency having responsibility for resource recovery
1039	programs.
1040	(9)  The department shall develop, coordinate, and promote
1041	a comprehensive research plan for state programs. Such plan
1042	shall be consistent with state energy policy and shall be
1043	updated on a biennial basis.
1044	(10)  The department shall study the feasibility of
1045	creating a direct support organization to facilitate funding for
1046	research, demonstrations, and commercialization of advanced
1047	energy technologies. By February 1, 2005, the department shall
1048	submit a report on the feasibility to the Governor, the
1049	President of the Senate, and the Speaker of the House of
1050	Representatives.
1051	Section 12.  Section 403.45, Florida Statutes, is created
1052	to read:
1053	403.45  Florida Renewable Energy Research and Development
1054	Institute.--
1055	(1)  The Florida Renewable Energy Research and Development
1056	Institute is created to serve as the basic and applied research
1057	institute for the commercialization and application of renewable
1058	energy technology.
1059	(2)  The institute is assigned to the state energy program,
1060	within the Department of Environmental Protection, for
1061	administrative proposes and for overall mission oversight. The
1062	institute shall be located at a university in the state and
1063	shall be determined by the department.
1064	(3)  The institute shall:
1065	(a)  Facilitate the research of renewable energy,
1066	including, but not limited to, technologies leading to the
1067	production of or improvements in the production or use of
1068	hydrogen fuel; fuel cells; distributed generation; biodiesel and
1069	similar synthetic fuels; thermo-depolymerization process;
1070	biomass; agricultural products and byproducts; municipal solid
1071	waste, including landfill injection and landfill mining;
1072	landfill gas; advanced nuclear power systems; solar thermal and
1073	solar electricity; geothermal energy; wind energy; ocean thermal
1074	gradient power; ocean currents; hydroelectric power;
1075	environmental standards such as generation portfolio standards;
1076	and conservation programs including appliance efficiency
1077	standards.
1078	(b)  Coordinate the alternative energy activities of the
1079	state's research and educational institutions.
1080	(c)  Identify problems and propose solutions on issues
1081	affecting renewable energy, including making public policy
1082	recommendations.
1083	Section 13.  Paragraph (a) of subsection (19) of section
1084	403.973, Florida Statutes, is amended to read:
1085	403.973  Expedited permitting; comprehensive plan
1086	amendments.--
1087	(19)  The following projects are ineligible for review
1088	under this part:
1089	(a)  A project funded and operated by a local government,
1090	as defined in s. 366.052 377.709, and located within that
1091	government's jurisdiction.
1092	Section 14.  Subsections (3) and (5) of section 288.041,
1093	Florida Statutes, are amended to read:
1094	288.041  Solar energy industry; legislative findings and
1095	policy; promotional activities.--
1096	(3)  Enterprise Florida, Inc., and its boards shall assist
1097	in the expansion of the solar energy industry in this state.
1098	Such efforts shall be undertaken in cooperation with the
1099	Department of Environmental Protection Community Affairs, the
1100	Florida Solar Energy Center, and the Florida Solar Energy
1101	Industries Association, and shall include:
1102	(a)  Providing assistance and support to new and existing
1103	photovoltaic companies, with special emphasis on attracting one
1104	or more manufacturers of photovoltaic products to locate within
1105	this state.
1106	(b)  Sponsoring initiatives which aid and take full
1107	advantage of the export market potential of solar technologies.
1108	(c)  Informing the business sector of this state about
1109	opportunities for cost-effective commercial applications of
1110	solar technologies.
1111	(d)  Encouraging employment of residents of this state by
1112	solar energy companies.
1113	(e)  Retaining existing solar energy companies and
1114	supporting their expansion efforts in this state.
1115	(f)  Supporting the promotion of solar energy by sponsoring
1116	workshops, seminars, conferences, and educational programs on
1117	the benefits of solar energy.
1118	(g)  Recognizing outstanding developments and achievements
1119	in, and contributions to, the solar energy industry.
1120	(h)  Collecting and disseminating solar energy information
1121	relevant to the promotion of solar energy applications.
1122	(i)  Enlisting the support of persons, civic groups, the
1123	solar energy industry, and other organizations to promote and
1124	improve solar energy products and services.
1125	(5)  By January 15 of each year, the Department of
1126	Environmental Protection Community Affairs shall report to the
1127	Governor, the President of the Senate, and the Speaker of the
1128	House of Representatives on the impact of the solar energy
1129	industry on the economy of this state and shall make any
1130	recommendations on initiatives to further promote the solar
1131	energy industry as the department deems appropriate.
1132	Section 15.  The Solar Energy Program, as authorized and
1133	governed by s. 288.041, Florida Statutes, and the Clean Fuel
1134	Florida Advisory Board, as authorized and governed by s. 403.42,
1135	Florida Statutes, are transferred by a type two transfer, as
1136	defined in s. 20.06(2), Florida Statutes, from the Department of
1137	Community Affairs to the Department of Environmental Protection.
1138	Section 16.  Subsection (1) of section 633.022, Florida
1139	Statutes, is amended, and subsection (4) is added to said
1140	section, to read:
1141	633.022  Uniform firesafety standards.--The Legislature
1142	hereby determines that to protect the public health, safety, and
1143	welfare it is necessary to provide for firesafety standards
1144	governing the construction and utilization of certain buildings
1145	and structures. The Legislature further determines that certain
1146	buildings or structures, due to their specialized use or to the
1147	special characteristics of the person utilizing or occupying
1148	these buildings or structures, should be subject to firesafety
1149	standards reflecting these special needs as may be appropriate.
1150	(1)  The department shall establish uniform firesafety
1151	standards that apply to:
1152	(a)  All new, existing, and proposed state-owned and state-
1153	leased buildings.
1154	(b)  All new, existing, and proposed hospitals, nursing
1155	homes, assisted living facilities, adult family-care homes,
1156	correctional facilities, public schools, transient public
1157	lodging establishments, public food service establishments,
1158	elevators, migrant labor camps, mobile home parks, lodging
1159	parks, recreational vehicle parks, recreational camps,
1160	residential and nonresidential child care facilities, facilities
1161	for the developmentally disabled, motion picture and television
1162	special effects productions, and self-service gasoline stations,
1163	and hydrogen fueling stations, of which standards the State Fire
1164	Marshal is the final administrative interpreting authority.
1165
1166	In the event there is a dispute between the owners of the
1167	buildings specified in paragraph (b) and a local authority
1168	requiring a more stringent uniform firesafety standard for
1169	sprinkler systems, the State Fire Marshal shall be the final
1170	administrative interpreting authority and the State Fire
1171	Marshal's interpretation regarding the uniform firesafety
1172	standards shall be considered final agency action.
1173	(4)(a)  The State Fire Marshal shall have rulemaking
1174	authority to adopt, and shall adopt, the current version of
1175	National Fire Protection Association, (NFPA) 1, and the current
1176	version of such other codes, publications, and standards as may
1177	be applicable to any facility, condition, situation, or
1178	circumstance in which hydrogen is being used, produced, stored,
1179	or in any other manner dealt with or treated as a fuel as the
1180	State Fire Marshal deems necessary to protect the public health,
1181	safety, and welfare and to protect the safety of persons and
1182	property in this state.
1183	(b)  The State Fire Marshal has the authority to require by
1184	rule that any equipment used in conjunction with paragraph (a)
1185	must be listed by a nationally recognized testing laboratory,
1186	such as Underwriters Laboratories, Inc., or Factory Mutual
1187	Laboratories, Inc. The State Fire Marshal has the authority to
1188	adopt by rule procedures for determining whether a laboratory is
1189	nationally recognized, taking into account the laboratory's
1190	facilities, procedures, use of nationally recognized standards,
1191	and any other criteria reasonably calculated to reach an
1192	informed determination.
1193	Section 17.  Sections 377.602, 377.603, 377.604, 377.605,
1194	377.606, 377.607, 377.608, 377.701, and 377.703, Florida
1195	Statutes, are repealed.
1196	Section 18.  This act shall take effect upon becoming a
1197	law.

CODING: Words stricken are deletions; words underlined are additions.