HB 1521

CS

CHAMBER ACTION

1	The Committee on Natural Resources recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to renewable energy; amending s. 366.82,
7	F.S.; deleting references to conform; amending and
8	renumbering s. 377.601, F.S.; providing legislative
9	findings and intent; providing state energy policy;
10	renumbering s. 377.704, F.S., relating to appropriation of
11	funds from settlement of petroleum overcharge litigation;
12	amending and renumbering s. 377.705, F.S., relating to
13	development of solar energy standards; revising
14	legislative findings, intent, and definitions; requiring
15	the Florida Solar Energy Center to adopt certain
16	standards; amending and renumbering s. 377.709, F.S.;
17	revising language in provisions relating to funding by
18	electric utilities of local governmental solid waste
19	facilities that generate electricity; renumbering s.
20	377.71, F.S., relating to definitions applicable to the
21	Southern States Energy Compact; amending and renumbering
22	s. 377.711, F.S., relating to the Southern States Energy
23	Compact; requiring certain recommendations to be made
24	through the Department of Environmental Protection;
25	revising language; requiring certain receipts and
26	disbursements of funds to be audited by a qualified
27	certified public accountant licensed in this state;
28	amending and renumbering s. 377.712, F.S., relating to
29	state participation on the Southern States Energy Board;
30	conforming a cross reference; amending s. 403.42, F.S.;
31	transferring responsibility for the Florida Clean Air Act
32	from the Department of Community Affairs to the Department
33	of Environmental Protection; creating s. 403.431, F.S.;
34	providing definitions applicable to state energy policy;
35	creating s. 403.432, F.S.; providing certain functions of
36	the Department of Environmental Protection relating to
37	state energy policy; creating s. 403.45, F.S.; creating
38	the Florida Renewable Energy Research and Development
39	Institute; assigning the institute to the Department of
40	Environmental Protection for administrative proposes and
41	for overall mission oversight; providing certain
42	responsibilities to the institute; amending s. 403.7061,
43	F.S.; revising a permit requirement for a waste-to-energy
44	facility; amending s. 403.973, F.S.; conforming a cross
45	reference; amending s. 288.041, F.S.; providing for
46	transfer to the Department of Environmental Protection of
47	solar energy promotional activities of the Department of
48	Community Affairs; providing for type two transfer of the
49	Solar Energy Program and the Clean Fuel Florida Advisory
50	Board from the Department of Community Affairs to the
51	Department of Environmental Protection; amending s.
52	633.022, F.S.; requiring uniform firesafety standards for
53	hydrogen fueling stations; granting the State Fire Marshal
54	rulemaking authority to adopt certain standards relating
55	to use, production, and storage of hydrogen; repealing s.
56	377.602, F.S., relating to definitions; repealing s.
57	377.603, F.S., relating powers and duties of the
58	Department of Community Affairs with respect to energy
59	data collection; repealing s. 377.604, F.S., relating to
60	required reports; repealing s. 377.605, F.S., relating to
61	use of existing information; repealing s. 377.606, F.S.,
62	relating to limits of confidentiality for records of the
63	department; repealing s. 377.607, F.S., relating to
64	violations and penalties; repealing s. 377.608, F.S.,
65	relating to prosecution of cases by state attorney;
66	repealing s. 377.701, F.S., relating to petroleum
67	allocation; repealing s. 377.703, F.S., relating to
68	additional functions of the department for an energy
69	emergency contingency plan and federal and state
70	conservation programs; providing an effective date.
71
72	Be It Enacted by the Legislature of the State of Florida:
73
74	Section 1.  Paragraph (a) of subsection (6) of section
75	366.82, Florida Statutes, is amended to read:
76	366.82  Definition; goals; plans; programs; annual reports;
77	energy audits.--
78	(6)(a)  Notwithstanding the provisions of s. 377.703, The
79	commission shall be the responsible state agency for performing,
80	coordinating, implementing, or administering the functions of
81	the state plan submitted for consideration under the National
82	Energy Conservation Policy Act and any acts amendatory thereof
83	or supplemental thereto and for performing, coordinating,
84	implementing, or administering the functions of any future
85	federal program delegated to the state which relates to
86	consumption, utilization, or conservation of electricity or
87	natural gas; and the commission shall have exclusive
88	responsibility for preparing all reports, information, analyses,
89	recommendations, and materials related to consumption,
90	utilization, or conservation of electrical energy which are
91	required or authorized by s. 377.703.
92	Section 2.  Section 377.601, Florida Statutes, is
93	renumbered as section 403.43, Florida Statutes, and amended to
94	read:
95	403.43 377.601  Legislative intent.--
96	(1)  The Legislature finds that proper management of
97	current energy resources, the promotion of efficient use of
98	energy resources, and the promotion of alternative energy
99	resources will help to reduce pollution, reduce demand on
100	foreign fuels, enhance system reliability, and promote economic
101	growth. The Legislature finds that the ability to deal
102	effectively with present shortages of resources used in the
103	production of energy is aggravated and intensified because of
104	inadequate or nonexistent information and that intelligent
105	response to these problems and to the development of a state
106	energy policy demands accurate and relevant information
107	concerning energy supply, distribution, and use. The Legislature
108	finds and declares that a procedure for the collection and
109	analysis of data on the energy flow in this state is essential
110	to the development and maintenance of an energy profile defining
111	the characteristics and magnitudes of present and future energy
112	demands and availability so that the state may rationally deal
113	with present energy problems and anticipate future energy
114	problems.
115	(2)  It is the intent of the Legislature to promote the
116	efficient, effective, and economical management of energy
117	issues, centralize energy coordination responsibilities,
118	pinpoint responsibility for conducting energy programs, and
119	ensure the accountability of state agencies for the
120	implementation of subsection (3), the state energy policy. The
121	Legislature recognizes that in order to achieve this goal there
122	should be a single state office charged with managing and
123	promoting the state's energy policy. It is the specific intent
124	of the Legislature that nothing in this act shall in any way
125	change the powers, duties, and responsibilities assigned by the
126	Florida Electrical Power Plant Siting Act under part II of
127	chapter 403 or the powers, duties, and responsibilities of the
128	Florida Public Service Commission. The Legislature further
129	recognizes that every state official dealing with energy
130	problems should have current and reliable information on the
131	types and quantity of energy resources produced, imported,
132	converted, distributed, exported, stored, held in reserve, or
133	consumed within the state.
134	(3)  It is the intent of the Legislature in the passage of
135	this act to provide the necessary mechanisms for the effective
136	development of information necessary to rectify the present lack
137	of information which is seriously handicapping the state's
138	ability to deal effectively with the energy problem. To this
139	end, the provisions of ss. 377.601-377.608 should be given the
140	broadest possible interpretation consistent with the stated
141	legislative desire to procure vital information.
142	(4)  It is the policy of the state of Florida to:
143	(a)  Develop and promote the effective use of energy in the
144	state and discourage all forms of energy waste.
145	(b)  Develop and institute Play a leading role in
146	developing and instituting energy management programs aimed at
147	promoting energy conservation.
148	(c)  Include energy considerations in all planning.
149	(d)  Utilize and manage effectively energy resources used
150	within state agencies.
151	(e)  Encourage local governments to include energy
152	considerations in all planning and to support their work in
153	promoting energy management programs.
154	(f)  Include the full participation of citizens in the
155	development and implementation of energy programs.
156	(g)  Consider in its decisions the energy needs of each
157	economic sector, including residential, industrial, commercial,
158	agricultural, and governmental uses.
159	(h)  Promote energy education and the public dissemination
160	of information on energy and its environmental, economic, and
161	social impact.
162	(i)  Encourage the research, development, demonstration,
163	and application of alternative energy resources, particularly
164	renewable energy resources.
165	(j)  Consider, in its decisionmaking, the social, economic,
166	and environmental impacts of energy-related activities, so that
167	detrimental effects of these activities are understood and
168	minimized.
169	(k)  Develop and maintain energy emergency preparedness
170	plans to minimize the effects of an energy shortage within
171	Florida.
172	Section 3.  Section 377.704, Florida Statutes, is
173	renumbered as section 403.433, Florida Statutes.
174	Section 4.  Section 377.705, Florida Statutes, is
175	renumbered as section 403.44, Florida Statutes, and amended to
176	read:
177	403.44 377.705  Solar Energy Center; development of solar
178	energy standards.--
179	(1)  POPULAR NAME SHORT TITLE.--This act shall be known and
180	may be cited as by the popular name the "Solar Energy Standards
181	Act of 1976."
182	(2)  LEGISLATIVE FINDINGS AND INTENT.--
183	(a)  The Legislature recognizes that if present trends
184	continue, Florida will increase present energy consumption
185	dramatically sixfold by the year 2020 2000. Because of this
186	dramatic increase and because existing domestic conventional
187	energy resources will not provide sufficient energy to meet the
188	nation's future needs, new sources of energy must be developed
189	and applied. One such source, solar energy, has been in limited
190	use in Florida for over 30 years. Applications of incident solar
191	energy, the use of solar radiation to provide energy for water
192	heating, space heating, space cooling, and other uses, through
193	suitable absorbing equipment, including, but not limited to,
194	photovoltaics, on or near a residence or commercial structure,
195	must be extensively expanded. Unfortunately, the initial costs
196	with regard to the production of solar energy have been
197	prohibitively expensive. However, because of increases in the
198	cost of conventional fuel, certain applications of solar energy
199	are becoming competitive, particularly when life-cycle costs are
200	considered. It is the intent of the Legislature in formulating a
201	sound and balanced energy policy for the state to encourage the
202	development of an alternative energy capability in the form of
203	incident solar energy.
204	(b)  Toward this purpose, the Legislature intends to
205	provide incentives for the production and sale of, and to set
206	standards for, solar energy systems. Such standards shall ensure
207	that solar energy systems manufactured or sold within the state
208	are effective and represent a high level of quality of
209	materials, workmanship, and design.
210	(3)  DEFINITIONS.--
211	(a)  "Center" is defined as the Florida Solar Energy Center
212	of the Board of Regents.
213	(b)  "Solar energy systems" is defined as equipment,
214	including, but not limited to, photovoltaics, which provides for
215	the collection and use of incident solar energy for water
216	heating, space heating or cooling, or other applications which
217	normally require or would require a conventional source of
218	energy such as petroleum products, natural gas, or electricity
219	and which performs primarily with solar energy. In such other
220	systems in which solar energy is used in a supplemental way,
221	only those components which collect and transfer solar energy
222	shall be included in this definition.
223	(4)  FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
224	DISCLOSURE, SET TESTING FEES.--
225	(a)  The center shall develop and adopt promulgate
226	standards for solar energy systems manufactured or sold in this
227	state based on the best currently available information and
228	shall consult with scientists, engineers, or persons in research
229	centers who are engaged in the construction of, experimentation
230	with, and research of solar energy systems to properly identify
231	the most reliable designs and types of solar energy systems.
232	(b)  The center shall establish criteria for testing
233	performance of solar energy systems and shall maintain the
234	necessary capability for testing or evaluating performance of
235	solar energy systems. The center may accept results of tests on
236	solar energy systems made by other organizations, companies, or
237	persons when such tests are conducted according to the criteria
238	established by the center and when the testing entity has no
239	vested interest in the manufacture, distribution or sale of
240	solar energy systems.
241	(c)  The center shall be entitled to receive a testing fee
242	sufficient to cover the costs of such testing. All testing fees
243	shall be transmitted by the center to the Chief Financial
244	Officer to be deposited in the Solar Energy Center Testing Trust
245	Fund, which is hereby created in the State Treasury, and
246	disbursed for the payment of expenses incurred in testing solar
247	energy systems.
248	(d)  All solar energy systems manufactured or sold in the
249	state must meet the standards established by the center and
250	shall display accepted results of approved performance tests in
251	a manner prescribed by the center.
252	Section 5.  Section 377.709, Florida Statutes, is
253	renumbered as section 366.052, Florida Statutes, and amended to
254	read:
255	366.052 377.709  Funding by electric utilities of local
256	governmental solid waste facilities that generate electricity.--
257	(1)  LEGISLATIVE INTENT.--The Legislature declares that it
258	is critical to encourage energy conservation in order to protect
259	the health, prosperity, and general welfare of this state and
260	its citizens. The Legislature also declares that the disposal of
261	solid refuse is an important governmental obligation and that,
262	if the disposal is not accomplished in a proper manner, such
263	refuse poses a definite threat to the public health and welfare.
264	The Legislature further declares that the combustion of refuse
265	by solid waste facilities to supplement the electricity supply
266	not only represents an effective conservation effort but also
267	represents an environmentally preferred alternative to
268	conventional solid waste disposal in this state. Therefore, the
269	Legislature directs the Florida Public Service Commission to
270	establish a funding program to encourage the development by
271	local governments of solid waste facilities that use solid waste
272	as a primary source of fuel for the production of electricity.
273	(2)  DEFINITIONS.--As used in this section, the term:
274	(a)  "Commission" means the Florida Public Service
275	Commission.
276	(b)  "Cost-effective" means that the cost of electrical
277	capacity and energy produced by a solid waste facility financed
278	and constructed pursuant to this section and delivered to an
279	electric utility is no greater than the cost to that utility of
280	producing an equivalent amount of capacity and energy had the
281	alternative facility not been constructed and operated.
282	(c)  "Electric utility" means any electric utility over
283	which the commission has ratesetting authority.
284	(d)  "Electrical component" means the turbine, generator,
285	and associated transmission facilities of a solid waste
286	facility.
287	(e)  "Local government" means any municipality, county, or
288	consolidated government, or special district, authority, or
289	commission, or any combination thereof.
290	(f)  "Solid waste facility" means a facility owned or
291	operated by, or on behalf of, a local government for the purpose
292	of disposing of solid waste, as that term is defined in s.
293	403.703(13), by any process that produces heat and incorporates,
294	as a part of the facility, the means of converting heat to
295	electrical energy in amounts greater than actually required for
296	the operation of the facility.
297	(3)  ADVANCE FUNDING PROGRAM.--
298	(a)  Upon the petition of a local government, the
299	commission may shall have the authority, subject to the
300	provisions of this section, to require an electric utility to
301	enter into a contract with the local government to provide
302	advanced funding to such government for the construction of the
303	electrical component of a solid waste facility.
304	(b)  A contract may not be entered into without the prior
305	approval of the contract by the commission. The commission may
306	approve or disapprove a contract, or it may modify a contract
307	with the concurrence of the parties to the contract. When
308	reviewing a contract, the commission shall consider those items
309	it deems appropriate, including, but not limited to, the cost-
310	effectiveness of the unit and the financial ability of the
311	electric utility to provide the funding. If an electric utility
312	and a local government cannot agree to the terms of a contract,
313	or if it is shown that an electric utility has refused to
314	negotiate a contract with a local government, the commission may
315	prescribe the terms of the contract subject to the provisions of
316	this section. The commission, however, shall not approve a
317	contract which violates is violative of any of the following
318	provisions:
319	1.  If the commission determines that advanced-capacity
320	payments to the local government during the period of
321	construction are appropriate, such payments must be the lesser
322	of:
323	a.  The net present value of avoided-capacity cost for the
324	electric utility calculated over the period of time during which
325	the local government contracts to provide electrical capacity to
326	the utility. The avoided-capacity cost is that cost established
327	by the commission pursuant to s. 366.05(9) and in effect by
328	commission rule at the time the order approving the contract is
329	issued; or
330	b.  An amount which is not more than the amount of the
331	design costs of the electrical component of the solid waste
332	facility as determined by the commission to be reasonable and
333	prudent at the time of its order, or such portion thereof that
334	is proportionate to the electrical capacity made available by
335	contract to the electric utility.
336	2.  If the commission determines that energy payments to
337	the local government are appropriate, such payments may not be
338	greater than the lesser of:
339	a.  The hourly incremental energy rates of the electric
340	utility as provided for in its approved tariffs over the period
341	of the contract; or
342	b.  The energy costs associated with the avoided-capacity
343	costs of the electric utility as determined by the commission.
344	3.  The electric utility must currently be providing
345	electrical energy at retail within the geographic area of the
346	local government or within the geographic area of one or more of
347	the participating local governments.
348	4.  The amount of financing, including all carrying costs,
349	plus reasonable and prudent administrative costs incurred by the
350	electric utility, must be recovered from the ratepayers of the
351	electric utility pursuant to the provisions of the Florida
352	Energy Efficiency and Conservation Act. An electric utility may
353	not be required to pay to the local government any funding in
354	excess of that collected from its ratepayers.
355	5.  Funding of the electrical component of the solid waste
356	facility must be cost-effective to the ratepayer and must not
357	cause or contribute to the uneconomic duplication of electric
358	facilities.
359	(4)  ADVANCED-CAPACITY PAYMENTS AND REFUNDS.--The amounts
360	required of an electric utility as advanced-capacity payments
361	shall be paid to the local government unit during the
362	construction of the project as established by the contract and
363	approved by the order. Such payments are subject to being
364	refunded in full or proportionately to the electric utility if
365	the electrical component of the solid waste facility fails, for
366	any reason, to operate at a 70-percent-capacity factor based on
367	a 12-month rolling average. Any refund shall be calculated and
368	paid annually. If during the life of the contract a solid waste
369	facility is abandoned, closed down, or rendered illegal by
370	applicable law, ordinance, or regulation, the full amount of any
371	unrefunded advanced-capacity payments is subject to being
372	refunded to the electric utility. Any refund by a local
373	government of advanced-capacity payments to an electric utility
374	shall be refunded by the electric utility to its customers as a
375	credit shown on the customers' bills as soon as is practicable
376	after the receipt of the refunded portions. The obligation to
377	make a refund is binding on the local government and its
378	successors in interest. In the case of a combination of local
379	governments, if such combination is dissolved or otherwise
380	ceases to function, the refund is a legal and binding obligation
381	of the individual local governments which participated in the
382	formation of the combination, in proportion to their interests.
383	(5)  ELECTRIC ENERGY PRICING PROGRAM.--
384	(a)  The commission shall establish rules relating to the
385	purchase of capacity or energy by electric utilities as defined
386	in this section from solid waste management facilities. In
387	setting these rates solid waste management facilities may be
388	exempted from any risk-related consideration which the
389	commission may use in determining the avoided-capacity cost
390	applicable to other cogenerators, small power producers, or
391	solid waste facilities that are not operated by, or on behalf
392	of, a local government. Such exemptions are intended to foster
393	the development of solid waste management facilities that
394	generate electricity and provide incentives for the development
395	of environmentally sound methods of disposing of solid wastes
396	without imposing undue risk or cost to electric consumers in
397	this state. The commission shall authorize levelized payments
398	for purchase of capacity or energy from a local government solid
399	waste management facility. Payments provided pursuant to this
400	subsection are subject to the terms and conditions set out in
401	subsection (4) for advanced-capacity payments, and such payments
402	are recoverable from ratepayers of the electric utility as
403	provided in subparagraph (3)(b)4.
404	(b)  It is the intent of the Legislature to encourage
405	parties to review contracts in effect as of October 1, 1988, to
406	incorporate the applicable provisions of this section, subject
407	to approval of the commission.
408	(6)  EXEMPTIONS.--A new solid waste facility, as defined in
409	this section, not greater than 75 megawatts 75MW, or a solid
410	waste facility expansion of not greater than 50 megawatts 50MW,
411	shall be exempt from the need determination process outlined in
412	s. 403.519.
413	(7)  RULES.--The commission shall adopt all rules necessary
414	to implement this section.
415	Section 6.  Section 377.71, Florida Statutes, is renumbered
416	as section 403.46, Florida Statutes.
417	Section 7.  Section 377.711, Florida Statutes, is
418	renumbered as section 403.461, Florida Statutes, and amended to
419	read:
420	403.461 377.711  Florida party to Southern States Energy
421	Compact.--The Southern States Energy Compact is created enacted
422	into law and entered into by the state as a party, and is of
423	full force and effect between the state and any other states
424	joining therein in accordance with the terms of the compact,
425	which compact is substantially as follows:
426	(1)  POLICY AND PURPOSE.--The party states recognize that
427	the proper employment and conservation of energy and employment
428	of energy-related facilities, materials, and products, within
429	the context of a responsible regard for the environment, can
430	assist substantially in the industrialization of the South and
431	the development of a balanced economy for the region. They also
432	recognize that optimum benefit from an acquisition of energy
433	resources and facilities requires systematic encouragement,
434	guidance, and assistance from the party states on a cooperative
435	basis. It is the policy of the party states to undertake such
436	cooperation on a continuing basis; it is the purpose of this
437	compact to provide the instruments and framework for such a
438	cooperative effort to improve the economy of the South and
439	contribute to the individual and community well-being of the
440	people of this region.
441	(2)  BOARD.--
442	(a)  There is hereby created an agency of the party states
443	to be known as the Southern States Energy Board (hereinafter
444	called the "board"). The board shall be composed of three
445	members from each party state, one of whom shall be appointed or
446	designated in each state to represent the governor, the state
447	senate, and the state house of representatives, respectively.
448	Each member shall be designated or appointed in accordance with
449	the law of the state which he or she represents and shall serve
450	and be subject to removal in accordance with such law. Any
451	member of the board may provide for the discharge of the
452	member's duties and the performance of his or her functions
453	thereon, (either for the duration of his or her membership or
454	for any less period of time), by a deputy or assistant, if the
455	laws of the member's state make specific provision therefor. The
456	Federal Government may be represented without vote if provision
457	is made by federal law for such representation.
458	(b)  Each party state shall be entitled to one vote on the
459	board, to be determined by majority vote of each member or
460	member's representative from the party state present and voting
461	on any question. No action of the board shall be binding unless
462	taken at a meeting at which a majority of all party states are
463	represented and unless a majority of the total number of votes
464	are cast in favor thereof.
465	(c)  The board shall have a seal.
466	(d)  The board shall elect annually, from among its
467	members, a chair, a vice chair, and a treasurer. The board shall
468	appoint an executive director who shall serve at its pleasure
469	and who shall also act as secretary, and who, together with the
470	treasurer, shall be bonded in such amounts as the board may
471	require.
472	(e)  The executive director, with approval of the board,
473	shall appoint and remove or discharge such personnel as may be
474	necessary for the performance of the board's functions
475	irrespective of the civil service, personnel, or other merit
476	system laws of any of the party states.
477	(f)  The board may establish and maintain, independently or
478	in conjunction with any one or more of the party states, a
479	suitable retirement system for its full-time employees.
480	Employees of the board shall be eligible for social security
481	coverage in respect of old age and survivors' insurance,
482	provided that the board takes such steps as may be necessary
483	pursuant to federal law to participate in such program of
484	insurance as a governmental agency or unit. The board may
485	establish and maintain or participate in such additional
486	programs of employee benefits as may be appropriate.
487	(g)  The board may borrow, accept, or contract for the
488	services of personnel from any state or the United States or any
489	subdivision or agency thereof, from any interstate agency, or
490	from any institution, person, firm, or corporation.
491	(h)  The board may accept for any of its purposes and
492	functions under this compact any and all donations and grants of
493	money, equipment, supplies, materials, and services (conditional
494	or otherwise) from any state or the United States or any
495	subdivision or agency thereof, from any interstate agency, or
496	from any institution, person, firm, or corporation, and may
497	receive, utilize, and dispose of the same.
498	(i)  The board may establish and maintain such facilities
499	as may be necessary for the transacting of its business. The
500	board may acquire, hold, and convey real and personal property
501	and any interest therein.
502	(j)  The board shall adopt bylaws, rules, and regulations
503	for the conduct of its business and shall have the power to
504	amend and rescind these bylaws, rules, and regulations. The
505	board shall publish its bylaws, rules, and regulations in
506	convenient form and shall also file a copy of any amendment
507	thereto with the appropriate agency or officer in each of the
508	party states.
509	(k)  The board annually shall make to the governor of each
510	party state an annual a report covering the activities of the
511	board for the preceding year and embodying such recommendations
512	as may have been adopted by the board, which report shall be
513	transmitted to the legislature of said state. The board may
514	issue such additional reports as it may deem desirable.
515	(3)  FINANCES.--
516	(a)  The board shall submit to the executive head or
517	designated officer or officers of each state a budget of its
518	estimated expenditures for such period as may be required by the
519	laws of that jurisdiction for presentation to the legislature
520	thereof.
521	(b)  Each of the board's budgets of estimated expenditures
522	shall contain specific recommendations of the amount or amounts
523	to be appropriated by each of the party states. One-half of the
524	total amount of each budget of estimated expenditures shall be
525	apportioned among the party states in equal shares; one-quarter
526	of each such budget shall be apportioned among the party states
527	in accordance with the ratio of their populations to the total
528	population of the entire group of party states based on the
529	latest official decennial census; and one-quarter of each such
530	budget shall be apportioned among the party states on the basis
531	of the relative average per capita income of the inhabitants in
532	each of the party states based on the latest computations
533	published by the federal census-taking agency. Subject to
534	appropriation by their respective legislatures, the board shall
535	be provided with such funds by each of the party states as are
536	necessary to provide the means of establishing and maintaining
537	facilities, a staff of personnel, and such activities as may be
538	necessary to fulfill the powers and duties imposed upon and
539	entrusted to the board.
540	(c)  The board may meet any of its obligations in whole or
541	in part with funds available to it under paragraph (2)(h),
542	provided that the board takes specific action setting aside such
543	funds prior to the incurring of any obligation to be met in
544	whole or in part in this manner. Except where the board makes
545	use of funds available to it under paragraph (2)(h), the board
546	shall not incur any obligation prior to the allotment of funds
547	by the party jurisdiction adequate to meet the same.
548	(d)  The board shall keep accurate accounts of all receipts
549	and disbursements. The receipts and disbursements of the board
550	shall be subject to the audit and accounting procedures
551	established under its bylaws. However, all receipts and
552	disbursements of funds handled by the board shall be audited
553	yearly by a qualified certified public accountant licensed in
554	this state, and the report of the audit shall be included in and
555	become part of the annual report of the board.
556	(e)  The accounts of the board shall be open at any
557	reasonable time for inspection.
558	(4)  ADVISORY COMMITTEES.--The board may establish such
559	advisory and technical committees as it may deem necessary,
560	membership on which will include, but not be limited to, private
561	citizens; expert and lay personnel; representatives of industry,
562	labor, commerce, agriculture, civic associations, medicine,
563	education, and voluntary health agencies; and officials of
564	local, state, and federal government, and may cooperate with and
565	use the services of any such committees and the organizations
566	which they represent in furthering any of its activities under
567	this compact.
568	(5)  POWERS.--The board shall have the power to:
569	(a)  Ascertain and analyze on a continuing basis the
570	position of the South with respect to energy, energy-related
571	industries, and environmental concerns.
572	(b)  Encourage the development, conservation, and
573	responsible use of energy and energy-related facilities,
574	installations, and products as part of a balanced economy and a
575	healthy environment.
576	(c)  Collect, correlate, and disseminate information
577	relating to civilian uses of energy and energy-related materials
578	and products.
579	(d)  Conduct, or cooperate in conducting, programs of
580	training for state and local personnel engaged in any aspects
581	of:
582	1.  Energy, environment, and application of energy,
583	environmental, and related concerns to industry, medicine, or
584	education or the promotion or regulation thereof.
585	2.  The formulation or administration of measures designed
586	to promote safety in any matter related to the development, use,
587	or disposal of energy and energy-related materials, products,
588	installations, or wastes.
589	(e)  Organize and conduct, or assist and cooperate in
590	organizing and conducting, demonstrations of energy product,
591	material, or equipment use and disposal and of proper techniques
592	or processes for the application of energy resources to the
593	civilian economy or general welfare.
594	(f)  Undertake such nonregulatory functions with respect to
595	sources of radiation as may promote the economic development and
596	general welfare of the region.
597	(g)  Study industrial, health, safety, and other standards,
598	laws, codes, rules, regulations, and administrative practices in
599	or related to energy and environmental fields.
600	(h)  Recommend such changes in, or amendments or additions
601	to, the laws, codes, rules, regulations, administrative
602	procedures and practices, or ordinances of the party states in
603	any of the fields of its interest and competence as in its
604	judgment may be appropriate. Any such recommendation shall be
605	made, in the case of Florida, through the Department of
606	Environmental Protection Commerce.
607	(i)  Prepare, publish, and distribute (with or without
608	charge) such reports, bulletins, newsletters, or other material
609	as it deems appropriate.
610	(j)  Cooperate with the United States Department of Energy
611	or any agency successor thereto, any other officer or agency of
612	the United States, any other governmental unit or agency or
613	officer thereof, and any private persons or agencies in any of
614	the fields of its interest.
615	(k)  Act as licensee of the United States Government or any
616	party state with respect to the conduct of any research activity
617	requiring such license and operate such research facility or
618	undertake any program pursuant thereto.
619	(l)  Ascertain from time to time such methods, practices,
620	circumstances, and conditions as may bring about the prevention
621	and control of energy and environmental incidents in the area
622	comprising the party states, coordinate the nuclear,
623	environmental, and other energy-related incident prevention and
624	control plans and the work relating thereto of the appropriate
625	agencies of the party states, and facilitate the rendering of
626	aid by the party states to each other in coping with energy and
627	environmental incidents. The board may formulate and, in
628	accordance with need from time to time, revise a regional plan
629	or regional plans for coping with energy and environmental
630	incidents within the territory of the party states as a whole or
631	within any subregion or subregions of the geographic areas
632	covered by this compact.
633	(6)  SUPPLEMENTARY AGREEMENTS.--
634	(a)  To the extent that the board has not undertaken an
635	activity or project which would be within its power under the
636	provisions of this compact, any two or more of the party states
637	(acting by their duly constituted administrative officials) may
638	enter into supplementary agreements for the undertaking and
639	continuance of such an activity or project. Any such agreement
640	shall specify its purpose or purposes, its duration and the
641	procedure for termination thereof or withdrawal therefrom, the
642	method of financing and allocating the costs of the activity or
643	project, and such other matters as may be necessary or
644	appropriate. No such supplementary agreement entered into
645	pursuant to this subsection shall become effective prior to its
646	submission to and approval by the board. The board shall give
647	such approval unless it finds that the supplementary agreement
648	or the activity or project contemplated thereby is inconsistent
649	with the provisions of this compact or a program or activity
650	conducted by or participated in by the board.
651	(b)  Unless all of the party states participate in a
652	supplementary agreement, any costs thereof shall be borne
653	separately by the states party thereto. However, the board may
654	administer or otherwise assist in the operation of any
655	supplementary agreement.
656	(c)  No party to a supplementary agreement entered into
657	pursuant to this subsection shall be relieved thereby of any
658	obligation or duty assumed by said party state under or pursuant
659	to this compact, except that timely and proper performance of
660	such obligation or duty by means of the supplementary agreement
661	may be offered as performance pursuant to the compact.
662	(7)  OTHER LAWS AND REGULATIONS.--Nothing in this compact
663	shall be construed to:
664	(a)  Permit or require any person or other entity to avoid
665	or refuse compliance with any law, rule, regulation, order, or
666	ordinance of a party state or subdivision thereof now or
667	hereafter made, enacted, or in force.
668	(b)  Limit, diminish, or otherwise impair jurisdiction
669	exercised by the United States Department of Energy or any
670	agency successor thereto or any other federal department,
671	agency, or officer pursuant to and in conformity with any valid
672	and operative Act of Congress.
673	(c)  Alter the relations between the respective internal
674	responsibilities of the government of a party state and its
675	subdivisions.
676	(d)  Permit or authorize the board to exercise any
677	regulatory authority or to own or operate any nuclear reactor
678	for the generation of electric energy; nor shall the board own
679	or operate any facility or installation for industrial or
680	commercial purposes.
681	(8)  ELIGIBLE PARTIES, ENTRY INTO FORCE AND WITHDRAWAL.--
682	(a)  Any or all of the states of Alabama, Arkansas,
683	Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland,
684	Mississippi, Missouri, North Carolina, Oklahoma, South Carolina,
685	Tennessee, Texas, Virginia, and West Virginia, the Commonwealth
686	of Puerto Rico, and the United States Virgin Islands shall be
687	eligible to become party to this compact.
688	(b)  As to any eligible party state, this compact shall
689	become effective when its legislature shall have enacted the
690	same into law, except that it shall not become initially
691	effective until enacted into law by seven states.
692	(c)  Any party state may withdraw from this compact by
693	enacting a statute repealing the same, but no such withdrawal
694	shall become effective until the governor of the withdrawing
695	state shall have sent formal notice in writing to the governor
696	of each other party state informing said governors of the action
697	of the legislature in repealing the compact and declaring an
698	intention to withdraw.
699	(9)  SEVERABILITY AND CONSTRUCTION.--The provisions of this
700	compact and of any supplementary agreement entered into
701	hereunder shall be severable, and if any phrase, clause,
702	sentence, or provision of this compact or such supplementary
703	agreement is declared to be contrary to the constitution of any
704	participating state or of the United States or the applicability
705	thereof to any government, agency, person, or circumstance is
706	held invalid, the validity of the remainder of this compact or
707	such supplementary agreement and the applicability thereof to
708	any government, agency, person, or circumstance shall not be
709	affected thereby. If this compact or any supplementary agreement
710	entered into hereunder shall be held contrary to the
711	constitution of any state participating therein, the compact or
712	such supplementary agreement shall remain in full force and
713	effect as to the remaining states and in full force and effect
714	as to the state affected as to all severable matters. The
715	provisions of this compact and of any supplementary agreement
716	entered into pursuant hereto shall be liberally construed to
717	effectuate the purposes thereof.
718	Section 8.  Section 377.712, Florida Statutes, is
719	renumbered as section 403.462, Florida Statutes, and amended to
720	read:
721	403.462 377.712  Florida participation.--
722	(1)(a)  The Governor shall appoint one member of the
723	Southern States Energy Board. The member or the Governor may
724	designate another person as the deputy or assistant to such
725	member.
726	(b)  The President of the Senate shall appoint one member
727	of the Southern States Energy Board. The member or the president
728	may designate another person as the assistant or deputy to such
729	member.
730	(c)  The Speaker of the House of Representatives shall
731	appoint one member of the Southern States Energy Board. The
732	member or the speaker may designate another person as the
733	assistant or deputy to such member.
734	(2)  Any supplementary agreement entered into under s.
735	403.461(6) 377.711(6) requiring the expenditure of funds shall
736	not become effective as to Florida until the required funds are
737	appropriated by the Legislature.
738	(3)  The department, agencies, and officers of this state,
739	and its subdivisions are authorized to cooperate with the board
740	in the furtherance of any of its activities pursuant to the
741	compact, provided such proposed activities have been made known
742	to, and have the approval of, either the Governor or the
743	Department of Health.
744	Section 9.  Section 403.42, Florida Statutes, is amended to
745	read:
746	403.42  Florida Clean Fuel Act.--
747	(1)  SHORT TITLE AND PURPOSE.--
748	(a)  This section may be cited as the "Florida Clean Fuel
749	Act."
750	(b)  The purposes of this act are to establish the Clean
751	Fuel Florida Advisory Board under the Department of
752	Environmental Protection Community Affairs to study the
753	implementation of alternative fuel vehicles and to formulate and
754	provide to the Secretary of Environmental Protection Community
755	Affairs recommendations on expanding the use of alternative fuel
756	vehicles in this state and make funding available for
757	implementation.
758	(2)  DEFINITIONS.--For purposes of this act:
759	(a)  "Alternative fuels" include electricity, biodiesel,
760	natural gas, propane, and any other fuel that may be deemed
761	appropriate in the future by the Department of Environmental
762	Protection Community Affairs with guidance from the Clean Fuel
763	Florida Advisory Board.
764	(b)  "Alternative fuel vehicles" include on-road and off-
765	road transportation vehicles and light-duty, medium-duty, and
766	heavy-duty vehicles that are powered by an alternative fuel or a
767	combination of alternative fuels.
768	(3)  CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED;
769	MEMBERSHIP; DUTIES AND RESPONSIBILITIES.--
770	(a)  The Clean Fuel Florida Advisory Board is established
771	within the Department of Environmental Protection Community
772	Affairs.
773	(b)1.  The advisory board shall consist of the Secretary of
774	Environmental Protection Community Affairs, or a designee from
775	that department, the Secretary of Community Affairs
776	Environmental Protection, or a designee from that department,
777	the Commissioner of Education, or a designee from that
778	department, the Secretary of Transportation, or a designee from
779	that department, the Commissioner of Agriculture, or a designee
780	from the Department of Agriculture and Consumer Services, the
781	Secretary of Management Services, or a designee from that
782	department, and a representative of each of the following, who
783	shall be appointed by the Secretary of Community Affairs within
784	30 days after the effective date of this act:
785	a.  The Florida biodiesel industry.
786	b.  The Florida electric utility industry.
787	c.  The Florida natural gas industry.
788	d.  The Florida propane gas industry.
789	e.  An automobile manufacturers' association.
790	f.  A Florida Clean Cities Coalition designated by the
791	United States Department of Energy.
792	g.  Enterprise Florida, Inc.
793	h.  EV Ready Broward.
794	i.  The Florida petroleum industry.
795	j.  The Florida League of Cities.
796	k.  The Florida Association of Counties.
797	l.  Floridians for Better Transportation.
798	m.  A motor vehicle manufacturer.
799	n.  Florida Local Environment Resource Agencies.
800	o.  Project for an Energy Efficient Florida.
801	p.  Florida Transportation Builders Association.
802	2.  The purpose of the advisory board is to serve as a
803	resource for the department and to provide the Governor, the
804	Legislature, and the Secretary of Environmental Protection
805	Community Affairs with private sector and other public agency
806	perspectives on achieving the goal of increasing the use of
807	alternative fuel vehicles in this state.
808	3.  Members shall be appointed to serve terms of 1 year
809	each, with reappointment at the discretion of the Secretary of
810	Environmental Protection Community Affairs. Vacancies shall be
811	filled for the remainder of the unexpired term in the same
812	manner as the original appointment.
813	4.  The board shall annually select a chairperson.
814	5.a.  The board shall meet at least once each quarter or
815	more often at the call of the chairperson or the Secretary of
816	Environmental Protection Community Affairs.
817	b.  Meetings are exempt from the notice requirements of
818	chapter 120, and sufficient notice shall be given to afford
819	interested persons reasonable notice under the circumstances.
820	6.  Members of the board are entitled to travel expenses
821	while engaged in the performance of board duties.
822	7.  The board shall terminate 5 years after the effective
823	date of this act.
824	(c)  The board shall review the performance of the state
825	with reference to alternative fuel vehicle implementation in
826	complying with federal laws and maximizing available federal
827	funding and may:
828	1.  Advise the Governor, Legislature, and the Secretary of
829	Environmental Protection Community Affairs and make
830	recommendations regarding implementation and use of alternative
831	fuel vehicles in this state.
832	2.  Identify potential improvements in this act and the
833	state's alternative fuel policies.
834	3.  Request from all state agencies any information the
835	board determines relevant to board duties.
836	4.  Regularly report to the Secretary of Environmental
837	Protection Community Affairs, the Governor, the President of the
838	Senate, and the Speaker of the House of Representatives
839	regarding the board's findings and recommendations.
840	(d)1.  The advisory board shall, within 120 days after its
841	first meeting, make recommendations to the Department of
842	Environmental Protection Community Affairs for establishing
843	pilot programs in this state that provide experience and support
844	the best use expansion of the alternative fuel vehicle industry
845	in this state. No funds shall be released for a project unless
846	there is at least a 50-percent private or local match.
847	2.  In addition to the pilot programs, the advisory board
848	shall assess federal, state, and local initiatives to identify
849	incentives that encourage successful alternative fuel vehicle
850	programs; obstacles to alternative fuel vehicle use including
851	legislative, regulatory, and economic obstacles; and programs
852	that educate and inform the public about alternative fuel
853	vehicles.
854	3.  The advisory board is charged with determining a
855	reasonable, fair, and equitable way to address current motor
856	fuel taxes as they apply to alternative fuels and at what
857	threshold of market penetration.
858	4.  Based on its findings, the advisory board shall develop
859	recommendations to the Legislature on future alternative fuel
860	vehicle programs and legislative changes that provide the best
861	use of state and other resources to enhance the alternative fuel
862	vehicle market in this state and maximize the return on that
863	investment in terms of job creation, economic development, and
864	emissions reduction.
865	(e)  The advisory board, working with the Department of
866	Environmental Protection Community Affairs, shall develop a
867	budget for the department's approval, and all expenditures shall
868	be approved by the department. At the conclusion of the first
869	year, the department shall conduct an audit of the board and
870	board programs.
871	Section 10.  Section 403.431, Florida Statutes, is created
872	to read:
873	403.431  Definitions.--As used in ss. 403.43-403.432:
874	(1)  "Coordinate," "coordination," or "coordinating" means
875	the examination and evaluation of state plans and programs and
876	the providing of recommendations to the Cabinet, Legislature,
877	and appropriate state agency on any measures deemed necessary to
878	ensure that such plans and programs are consistent with state
879	energy policy.
880	(2)  "Department" means the Department of Environmental
881	Protection.
882	(3)  "Energy conservation" means efficient energy use or
883	the utilization of renewable energy resources which results in
884	energy savings based upon a net reduction in the use of
885	nonrenewable resources.
886	(4)  "Energy efficiency" means efficient energy use of
887	energy delivered which results in energy savings based upon a
888	net reduction in the use of energy resources.
889	(5)  "Energy resources" includes, but is not limited to:
890	(a)  Propane, butane, motor gasoline, kerosene, home
891	heating oil, diesel fuel, other middle distillates, aviation
892	fuels, kerosene-type jet fuel, naphtha-type jet fuel, residual
893	fuels, crude oil, and other petroleum products and hydrocarbons
894	as may be determined by the department to be of importance.
895	(b)  All natural gas, including casinghead gas, all other
896	hydrocarbons not defined as petroleum products in paragraph (a),
897	and liquefied petroleum gas as defined in s. 527.01.
898	(c)  All types of coal and products derived from its
899	conversion and used as fuel.
900	(d)  All types of nuclear energy, special nuclear material,
901	and source material.
902	(e)  Every other energy resource, whether natural or
903	manmade, which the department determines to be important to the
904	production or supply of energy, including, but not limited to,
905	hydrogen, energy converted from solar radiation, biomass,
906	methane gas recovery, wind, hydraulic potential, tidal
907	movements, ocean currents, and geothermal sources.
908	(f)  All electrical energy.
909	(6)  "Energy source" means electricity, fossil fuels, solar
910	power, wind power, hydroelectric power, nuclear power, or any
911	other resource which has the capacity to do work.
912	(7)  "Facilities" means any building or structure not
913	otherwise exempted by the provisions of this act.
914	(8)  "Fuel" means petroleum, crude oil, petroleum product,
915	coal, natural gas, or any other substance used primarily for its
916	energy content.
917	(9)  "Local government" means any county, municipality,
918	regional planning agency, or other special district or local
919	governmental entity the policies or programs of which may affect
920	the supply or demand, or both, for energy in the state.
921	(10)  "Person" means producer, refiner, wholesaler,
922	marketer, consignee, jobber, distributor, storage operator,
923	importer, exporter, firm, corporation, broker, cooperative,
924	public utility as defined in s. 366.02, rural electrification
925	cooperative, municipality engaged in the business of providing
926	electricity or other energy resources to the public, pipeline
927	company, person transporting any energy resources as defined in
928	subsection (1), and person holding energy reserves for further
929	production; however, "person" does not include persons
930	exclusively engaged in the retail sale of petroleum products.
931	(11)  "Promotion" or "promote" means to encourage, aid,
932	assist, provide technical and financial assistance, or otherwise
933	seek to plan, develop, and expand.
934	(12)  "Regional planning agency" means those agencies
935	designated as regional planning agencies by the Department of
936	Community Affairs.
937	(13)  "Renewable energy resource" means any method,
938	process, or substance the use of which does not diminish its
939	availability or abundance, including, but not limited to,
940	biomass conversion, geothermal energy, solar energy, wind
941	energy, wood fuels derived from waste, ocean thermal gradient
942	power, hydroelectric power, and fuels derived from agricultural
943	products.
944	Section 11.  Section 403.432, Florida Statutes, is created
945	to read:
946	403.432  Functions of the Department of Environmental
947	Protection.--The Department of Environmental Protection shall
948	perform the following functions consistent with the development
949	of a state energy policy:
950	(1)  The department shall constitute the responsible state
951	agency for performing or coordinating the functions of any
952	federal energy programs delegated to the state.
953	(2)  The department shall analyze existing and proposed
954	federal energy programs and make recommendations regarding those
955	programs to the Governor.
956	(3)  The department shall coordinate efforts to seek
957	federal support or other support for state energy activities,
958	including energy conservation, research, or development, and
959	shall be the state agency responsible for the coordination of
960	multiagency energy conservation programs and plans.
961	(4)  The department shall promote the development and use
962	of renewable energy, including, but not limited to, technologies
963	leading to the production of or improvements in the production
964	or use of hydrogen fuel; fuel cells; distributed generation;
965	biodiesel and similar synthetic fuels; thermo-depolymerization
966	process; biomass; agricultural products and byproducts;
967	municipal solid waste, including landfill injection and landfill
968	mining; landfill gas; advanced nuclear power systems; solar
969	thermal and solar electricity; geothermal energy; biomass,
970	methane gas recovery, wind energy; ocean thermal gradient power;
971	ocean currents, hydroelectric power; environmental standards
972	such as generation portfolio standards; and conservation
973	programs including appliance efficiency standards.
974	(5)  The department shall promote the development and use
975	of solar energy resources by:
976	(a)  Establishing goals and strategies for increasing the
977	use of solar energy in this state.
978	(b)  Aiding and promoting the commercialization of solar
979	energy technology, in cooperation with the Florida Solar Energy
980	Center, Enterprise Florida, Inc., and any other federal, state,
981	or local governmental agency which may seek to promote research,
982	development, and demonstration of solar energy equipment and
983	technology.
984	(c)  In cooperation with the Department of Transportation,
985	Enterprise Florida, Inc., the Florida Solar Energy Center, and
986	the Florida Solar Energy Industries Association, investigating
987	opportunities, pursuant to the National Energy Policy Act of
988	1992 and the Housing and Community Development Act of 1992, for
989	solar electric vehicles and other solar energy manufacturing,
990	distribution, installation, and financing efforts which will
991	enhance this state's position as the leader in solar energy
992	research, development, and use.
993
994	In the exercise of its responsibilities under this subsection,
995	the department shall seek the assistance of the solar energy
996	industry in this state and other interested parties and is
997	authorized to enter into contracts, retain professional
998	consulting services, and expend funds appropriated by the
999	Legislature for such purposes.
1000	(6)  The department shall promote energy conservation in
1001	all energy use sectors throughout the state and shall constitute
1002	the state agency primarily responsible for this function. To
1003	this end, the department shall coordinate the energy
1004	conservation programs of all state agencies and review and
1005	comment on the energy conservation programs of all state
1006	agencies.
1007	(7)  The department shall serve as the state clearinghouse
1008	for indexing and gathering all information related to energy
1009	programs in state universities, in private universities, in
1010	federal, state, and local government agencies, and in private
1011	industry and shall prepare and distribute such information in
1012	any manner necessary to inform and advise the citizens of the
1013	state of such programs and activities. The department shall
1014	coordinate, promote, and respond to efforts by all sectors of
1015	the economy to seek financial support for energy activities. The
1016	department shall provide information to consumers regarding the
1017	anticipated energy-use and energy-saving characteristics of
1018	products and services in coordination with any federal, state,
1019	or local governmental agencies as may provide such information
1020	to consumers.
1021	(8)  The department shall coordinate energy-related
1022	programs of state government, including, but not limited to, the
1023	programs provided in this section. To this end, the department
1024	shall:
1025	(a)  Provide assistance to other state agencies, counties,
1026	municipalities, and regional planning agencies to further and
1027	promote their energy planning activities.
1028	(b)  Require, in cooperation with the Department of
1029	Management Services, all state agencies to operate state-owned
1030	and state-leased buildings in accordance with energy
1031	conservation standards as adopted by the Department of
1032	Management Services. Every 3 months, the Department of
1033	Management Services shall furnish the department data on
1034	agencies' energy consumption in a format mutually agreed upon by
1035	the two departments.
1036	(c)  Promote the development and use of renewable energy
1037	resources, energy efficiency technologies, and conservation
1038	measures.
1039	(d)  Promote the recovery of energy from wastes, including,
1040	but not limited to, the use of waste heat, the use of
1041	agricultural products as a source of energy, and recycling of
1042	manufactured products. Such promotion shall be conducted in
1043	conjunction with, and after consultation with, the Florida
1044	Public Service Commission where electrical generation or natural
1045	gas is involved, and any other relevant federal, state, or local
1046	governmental agency having responsibility for resource recovery
1047	programs.
1048	(9)  The department shall develop, coordinate, and promote
1049	a comprehensive research plan for state programs. Such plan
1050	shall be consistent with state energy policy and shall be
1051	updated on a biennial basis.
1052	(10)  The department shall study the feasibility of
1053	creating a direct support organization to facilitate funding for
1054	research, demonstrations, and commercialization of advanced
1055	energy technologies. By February 1, 2005, the department shall
1056	submit a report on the feasibility to the Governor, the
1057	President of the Senate, and the Speaker of the House of
1058	Representatives.
1059	Section 12.  Section 403.45, Florida Statutes, is created
1060	to read:
1061	403.45  Florida Renewable Energy Research and Development
1062	Institute.--
1063	(1)  The Florida Renewable Energy Research and Development
1064	Institute is created to serve as the basic and applied research
1065	institute for the commercialization and application of renewable
1066	energy technology.
1067	(2)  The institute is assigned to the state energy program,
1068	within the Department of Environmental Protection, for
1069	administrative proposes and for overall mission oversight. The
1070	institute shall be located at a university in the state and
1071	shall be determined by the department.
1072	(3)  The institute shall:
1073	(a)  Facilitate the research of renewable energy,
1074	including, but not limited to, technologies leading to the
1075	production of or improvements in the production or use of
1076	hydrogen fuel; fuel cells; distributed generation; biodiesel and
1077	similar synthetic fuels; thermo-depolymerization process;
1078	biomass; agricultural products and byproducts; municipal solid
1079	waste, including landfill injection and landfill mining;
1080	landfill gas; advanced nuclear power systems; solar thermal and
1081	solar electricity; geothermal energy; wind energy; ocean thermal
1082	gradient power; ocean currents; hydroelectric power;
1083	environmental standards such as generation portfolio standards;
1084	and conservation programs including appliance efficiency
1085	standards.
1086	(b)  Coordinate the alternative energy activities of the
1087	state's research and educational institutions.
1088	(c)  Identify problems and propose solutions on issues
1089	affecting renewable energy, including making public policy
1090	recommendations.
1091	Section 13.  Paragraph (c) of subsection (3) of section
1092	403.7061, Florida Statutes, is amended to read:
1093	403.7061  Requirements for review of new waste-to-energy
1094	facility capacity by the Department of Environmental
1095	Protection.--
1096	(3)  An applicant must provide reasonable assurance that
1097	the construction of a new waste-to-energy facility or the
1098	expansion of an existing waste-to-energy facility will comply
1099	with the following subsections:
1100	(c)  The applicant must demonstrate that the county in
1101	which the facility is located has implemented a solid waste
1102	management and recycling program that is designed to achieve the
1103	waste reduction goal set forth in s. 403.706(4) county in which
1104	the facility is located will achieve the 30-percent waste
1105	reduction goal set forth in s. 403.706(4) by the time the
1106	facility begins operation. For the purposes of this section, the
1107	provisions of s. 403.706(4)(c) for counties with populations of
1108	75,000 or less do not apply.
1109	Section 14.  Paragraph (a) of subsection (19) of section
1110	403.973, Florida Statutes, is amended to read:
1111	403.973  Expedited permitting; comprehensive plan
1112	amendments.--
1113	(19)  The following projects are ineligible for review
1114	under this part:
1115	(a)  A project funded and operated by a local government,
1116	as defined in s. 366.052 377.709, and located within that
1117	government's jurisdiction.
1118	Section 15.  Subsections (3) and (5) of section 288.041,
1119	Florida Statutes, are amended to read:
1120	288.041  Solar energy industry; legislative findings and
1121	policy; promotional activities.--
1122	(3)  Enterprise Florida, Inc., and its boards shall assist
1123	in the expansion of the solar energy industry in this state.
1124	Such efforts shall be undertaken in cooperation with the
1125	Department of Environmental Protection Community Affairs, the
1126	Florida Solar Energy Center, and the Florida Solar Energy
1127	Industries Association, and shall include:
1128	(a)  Providing assistance and support to new and existing
1129	photovoltaic companies, with special emphasis on attracting one
1130	or more manufacturers of photovoltaic products to locate within
1131	this state.
1132	(b)  Sponsoring initiatives which aid and take full
1133	advantage of the export market potential of solar technologies.
1134	(c)  Informing the business sector of this state about
1135	opportunities for cost-effective commercial applications of
1136	solar technologies.
1137	(d)  Encouraging employment of residents of this state by
1138	solar energy companies.
1139	(e)  Retaining existing solar energy companies and
1140	supporting their expansion efforts in this state.
1141	(f)  Supporting the promotion of solar energy by sponsoring
1142	workshops, seminars, conferences, and educational programs on
1143	the benefits of solar energy.
1144	(g)  Recognizing outstanding developments and achievements
1145	in, and contributions to, the solar energy industry.
1146	(h)  Collecting and disseminating solar energy information
1147	relevant to the promotion of solar energy applications.
1148	(i)  Enlisting the support of persons, civic groups, the
1149	solar energy industry, and other organizations to promote and
1150	improve solar energy products and services.
1151	(5)  By January 15 of each year, the Department of
1152	Environmental Protection Community Affairs shall report to the
1153	Governor, the President of the Senate, and the Speaker of the
1154	House of Representatives on the impact of the solar energy
1155	industry on the economy of this state and shall make any
1156	recommendations on initiatives to further promote the solar
1157	energy industry as the department deems appropriate.
1158	Section 16.  The Solar Energy Program, as authorized and
1159	governed by s. 288.041, Florida Statutes, and the Clean Fuel
1160	Florida Advisory Board, as authorized and governed by s. 403.42,
1161	Florida Statutes, are transferred by a type two transfer, as
1162	defined in s. 20.06(2), Florida Statutes, from the Department of
1163	Community Affairs to the Department of Environmental Protection.
1164	Section 17.  Subsection (1) of section 633.022, Florida
1165	Statutes, is amended, and subsection (4) is added to said
1166	section, to read:
1167	633.022  Uniform firesafety standards.--The Legislature
1168	hereby determines that to protect the public health, safety, and
1169	welfare it is necessary to provide for firesafety standards
1170	governing the construction and utilization of certain buildings
1171	and structures. The Legislature further determines that certain
1172	buildings or structures, due to their specialized use or to the
1173	special characteristics of the person utilizing or occupying
1174	these buildings or structures, should be subject to firesafety
1175	standards reflecting these special needs as may be appropriate.
1176	(1)  The department shall establish uniform firesafety
1177	standards that apply to:
1178	(a)  All new, existing, and proposed state-owned and state-
1179	leased buildings.
1180	(b)  All new, existing, and proposed hospitals, nursing
1181	homes, assisted living facilities, adult family-care homes,
1182	correctional facilities, public schools, transient public
1183	lodging establishments, public food service establishments,
1184	elevators, migrant labor camps, mobile home parks, lodging
1185	parks, recreational vehicle parks, recreational camps,
1186	residential and nonresidential child care facilities, facilities
1187	for the developmentally disabled, motion picture and television
1188	special effects productions, and self-service gasoline stations,
1189	and hydrogen fueling stations, of which standards the State Fire
1190	Marshal is the final administrative interpreting authority.
1191
1192	In the event there is a dispute between the owners of the
1193	buildings specified in paragraph (b) and a local authority
1194	requiring a more stringent uniform firesafety standard for
1195	sprinkler systems, the State Fire Marshal shall be the final
1196	administrative interpreting authority and the State Fire
1197	Marshal's interpretation regarding the uniform firesafety
1198	standards shall be considered final agency action.
1199	(4)(a)  The State Fire Marshal shall have rulemaking
1200	authority to adopt, and shall adopt, the current version of
1201	National Fire Protection Association, (NFPA) 1, and the current
1202	version of such other codes, publications, and standards as may
1203	be applicable to any facility, condition, situation, or
1204	circumstance in which hydrogen is being used, produced, stored,
1205	or in any other manner dealt with or treated as a fuel as the
1206	State Fire Marshal deems necessary to protect the public health,
1207	safety, and welfare and to protect the safety of persons and
1208	property in this state.
1209	(b)  The State Fire Marshal has the authority to require by
1210	rule that any equipment used in conjunction with paragraph (a)
1211	must be listed by a nationally recognized testing laboratory,
1212	such as Underwriters Laboratories, Inc., or Factory Mutual
1213	Laboratories, Inc. The State Fire Marshal has the authority to
1214	adopt by rule procedures for determining whether a laboratory is
1215	nationally recognized, taking into account the laboratory's
1216	facilities, procedures, use of nationally recognized standards,
1217	and any other criteria reasonably calculated to reach an
1218	informed determination.
1219	Section 18.  Sections 377.602, 377.603, 377.604, 377.605,
1220	377.606, 377.607, 377.608, 377.701, and 377.703, Florida
1221	Statutes, are repealed.
1222	Section 19.  This act shall take effect upon becoming a
1223	law.

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