1 | A bill to be entitled |
2 | An act relating to the Department of Community Affairs; |
3 | transferring the state energy program and the Clean Fuel |
4 | Florida Advisory Board by type two transfer from the |
5 | Department of Community Affairs to the Department of |
6 | Environmental Protection; amending s. 20.18, F.S.; |
7 | removing responsibility of the Department of Community |
8 | Affairs for state energy policy; amending s. 20.255, F.S.; |
9 | assigning responsibility for the state energy policy to |
10 | the Department of Environmental Protection; amending s. |
11 | 163.03, F.S.; removing authority of the Department of |
12 | Community Affairs for the Coastal Energy Impact Program; |
13 | amending ss. 288.041, 377.603, 377.701, and 403.42, F.S.; |
14 | transferring duties of the Department of Community Affairs |
15 | relating to the solar energy industry, energy data |
16 | collection, petroleum allocation, and the Clean Fuel |
17 | Florida Advisory Board to the Department of Environmental |
18 | Protection; amending s. 288.95155, F.S.; deleting an |
19 | obsolete reference; amending s. 377.602, F.S.; revising a |
20 | definition; amending s. 377.703, F.S.; transferring duties |
21 | of the Department of Community Affairs relating to |
22 | additional energy functions and responsibilities to the |
23 | Department of Environmental Protection; providing for |
24 | rulemaking; amending s. 420.36, F.S.; funding the Low- |
25 | income Emergency Home Repair Program through the State |
26 | Housing Trust Fund; transferring the Affordable Housing |
27 | Catalyst Program by type two transfer from the Department |
28 | of Community Affairs to the Florida Housing Finance |
29 | Corporation; excluding the transfer of certain trust |
30 | funds; amending s. 420.507, F.S.; authorizing the Florida |
31 | Housing Finance Corporation to provide resources for the |
32 | Affordable Housing Study Commission; authorizing the |
33 | Florida Housing Finance Corporation to develop and |
34 | administer the Affordable Housing Catalyst Program; |
35 | creating s. 420.531, F.S.; providing that the Affordable |
36 | Housing Catalyst Program be operated by the Florida |
37 | Housing Finance Corporation; providing for technical |
38 | support, formation of partnerships, implementation of |
39 | regulatory reforms, affordable housing programs within |
40 | local government comprehensive plans, and compliance with |
41 | federally funded housing programs; amending s. 420.6015, |
42 | F.S.; revising legislative findings regarding the |
43 | Department of Community Affairs' housing programs, to |
44 | conform; amending s. 420.606, F.S.; removing references to |
45 | the Affordable Housing Catalyst Program in the training |
46 | and technical assistance program of the Affordable Housing |
47 | Planning and Community Assistance Act; amending s. |
48 | 420.609, F.S.; requiring the Florida Housing Finance |
49 | Corporation to provide certain resources to the Affordable |
50 | Housing Study Commission; amending s. 420.9075, F.S.; |
51 | conforming a reference; providing an effective date. |
52 |
|
53 | Be It Enacted by the Legislature of the State of Florida: |
54 |
|
55 | Section 1. The state energy program, as authorized and |
56 | governed by ss. 20.18, 288.041, 377.601-377.608, 377.701, and |
57 | 377.703, Florida Statutes, and the Clean Fuel Florida Advisory |
58 | Board, as authorized and governed by s. 403.42, Florida |
59 | Statutes, are transferred by a type two transfer, as defined in |
60 | s. 20.06(2), Florida Statutes, from the Department of Community |
61 | Affairs to the Department of Environmental Protection. |
62 | Section 2. Subsection (6) of section 20.18, Florida |
63 | Statutes, is amended to read: |
64 | 20.18 Department of Community Affairs.--There is created a |
65 | Department of Community Affairs. |
66 | (6) The department is the agency of state government |
67 | responsible for collection and analysis of information on energy |
68 | resources in this state, for coordination of the energy |
69 | conservation programs of state agencies, and for coordination of |
70 | the development, review, and implementation of state energy |
71 | policy. The energy program responsibilities of the department |
72 | set forth in this subsection shall be carried out by the Office |
73 | of the Secretary of Community Affairs until such time as the |
74 | secretary determines that such responsibilities should be |
75 | redistributed within the various divisions of the department and |
76 | submits a report to the Legislature with respect thereto. |
77 | Section 3. Subsection (8) is added to section 20.255, |
78 | Florida Statutes, to read: |
79 | 20.255 Department of Environmental Protection.--There is |
80 | created a Department of Environmental Protection. |
81 | (8) The department is the agency of state government |
82 | responsible for collection and analysis of information on energy |
83 | resources in this state, for coordination of the energy |
84 | conservation programs of state agencies, and for coordination of |
85 | the development, review, and implementation of state energy |
86 | policy. |
87 | Section 4. Paragraph (b) of subsection (3) of section |
88 | 163.03, Florida Statutes, is amended to read: |
89 | 163.03 Secretary of Community Affairs; powers and duties; |
90 | function of Department of Community Affairs with respect to |
91 | federal grant-in-aid programs.-- |
92 | (3) The department is authorized to adopt rules |
93 | implementing the following grant programs, which rules shall be |
94 | consistent with the laws, regulations, or guidelines governing |
95 | the grant to the department: |
96 | (b) Grants under the federal programs known as the Coastal |
97 | Energy Impact Program and the Outer Continental Shelf Program |
98 | administered by the Bureau of Land and Water Management. |
99 | Section 5. Subsections (3), (4), and (5) of section |
100 | 288.041, Florida Statutes, are amended to read: |
101 | 288.041 Solar energy industry; legislative findings and |
102 | policy; promotional activities.-- |
103 | (3) Enterprise Florida, Inc., and its boards shall assist |
104 | in the expansion of the solar energy industry in this state. |
105 | Such efforts shall be undertaken in cooperation with the |
106 | Department of Environmental Protection Community Affairs, the |
107 | Florida Solar Energy Center, and the Florida Solar Energy |
108 | Industries Association, and shall include: |
109 | (a) Providing assistance and support to new and existing |
110 | photovoltaic companies, with special emphasis on attracting one |
111 | or more manufacturers of photovoltaic products to locate within |
112 | this state. |
113 | (b) Sponsoring initiatives which aid and take full |
114 | advantage of the export market potential of solar technologies. |
115 | (c) Informing the business sector of this state about |
116 | opportunities for cost-effective commercial applications of |
117 | solar technologies. |
118 | (d) Encouraging employment of residents of this state by |
119 | solar energy companies. |
120 | (e) Retaining existing solar energy companies and |
121 | supporting their expansion efforts in this state. |
122 | (f) Supporting the promotion of solar energy by sponsoring |
123 | workshops, seminars, conferences, and educational programs on |
124 | the benefits of solar energy. |
125 | (g) Recognizing outstanding developments and achievements |
126 | in, and contributions to, the solar energy industry. |
127 | (h) Collecting and disseminating solar energy information |
128 | relevant to the promotion of solar energy applications. |
129 | (i) Enlisting the support of persons, civic groups, the |
130 | solar energy industry, and other organizations to promote and |
131 | improve solar energy products and services. |
132 | (4) The Department of Environmental Protection shall also |
133 | promote projects that demonstrate viable applications of solar |
134 | technology which may include, but shall not be limited to: |
135 | irrigation and stock watering, process heat for dairy and citrus |
136 | operations, aquaculture, hydroponics, horticulture, waste |
137 | detoxification, and other means of meeting the energy needs of |
138 | the agricultural industry. |
139 | (5) By January 15 of each year, the Department of |
140 | Environmental Protection Community Affairs shall report to the |
141 | Governor, the President of the Senate, and the Speaker of the |
142 | House of Representatives on the impact of the solar energy |
143 | industry on the economy of this state and shall make any |
144 | recommendations on initiatives to further promote the solar |
145 | energy industry as the department deems appropriate. |
146 | Section 6. Subsection (2) of section 288.95155, Florida |
147 | Statutes, is amended to read: |
148 | 288.95155 Florida Small Business Technology Growth |
149 | Program.-- |
150 | (2) Enterprise Florida, Inc., shall establish a separate |
151 | small business technology growth account in the Florida |
152 | Technology Research Investment Fund for purposes of this |
153 | section. Moneys in the account shall consist of appropriations |
154 | by the Legislature, proceeds of any collateral used to secure |
155 | such assistance, transfers, fees assessed for providing or |
156 | processing such financial assistance, grants, interest earnings, |
157 | and earnings on financial assistance, and any moneys transferred |
158 | to the account by the Department of Community Affairs from the |
159 | Economic Opportunity Trust Fund for use in qualifying energy |
160 | projects. |
161 | Section 7. Subsection (2) of section 377.602, Florida |
162 | Statutes, is amended to read: |
163 | 377.602 Definitions.--As used in ss. 377.601-377.608: |
164 | (2) "Department" means the Department of Environmental |
165 | Protection Community Affairs. |
166 | Section 8. Section 377.603, Florida Statutes, is amended |
167 | to read: |
168 | 377.603 Energy data collection; powers and duties of the |
169 | Department of Environmental Protection Community Affairs.-- |
170 | (1) The department shall collect data on the extraction, |
171 | production, importation, exportation, refinement, |
172 | transportation, transmission, conversion, storage, sale, or |
173 | reserves of energy resources in this state in an efficient and |
174 | expeditious manner. |
175 | (2) The department shall prepare periodic reports of |
176 | energy data it collects. |
177 | (3) The department shall prescribe and furnish forms for |
178 | the collection of information as required by ss. 377.601-377.608 |
179 | and shall consult with other state entities to assure that such |
180 | data collected will meet their data requirements. |
181 | (4) The department may adopt and promulgate such rules and |
182 | regulations as are necessary to carry out the provisions of ss. |
183 | 377.601-377.608. Such rules shall be pursuant to chapter 120. |
184 | (5) The department shall maintain internal validation |
185 | procedures to assure the accuracy of information received. |
186 | Section 9. Subsection (1) of section 377.701, Florida |
187 | Statutes, is amended to read: |
188 | 377.701 Petroleum allocation.-- |
189 | (1) The Department of Environmental Protection Community |
190 | Affairs shall assume the state's role in petroleum allocation |
191 | and conservation, including the development of a fair and |
192 | equitable petroleum plan. The department shall constitute the |
193 | responsible state agency for performing the functions of any |
194 | federal program delegated to the state, which relates to |
195 | petroleum supply, demand, and allocation. |
196 | Section 10. Subsections (3) and (4) of section 377.703, |
197 | Florida Statutes, are amended to read: |
198 | 377.703 Additional functions of the Department of |
199 | Environmental Protection Community Affairs; energy emergency |
200 | contingency plan; federal and state conservation programs.-- |
201 | (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION COMMUNITY |
202 | AFFAIRS; DUTIES.--The Department of Environmental Protection |
203 | Community Affairs shall, in addition to assuming the duties and |
204 | responsibilities provided by ss. 20.255 20.18 and 377.701, |
205 | perform the following functions consistent with the development |
206 | of a state energy policy: |
207 | (a) The department shall assume the responsibility for |
208 | development of an energy emergency contingency plan to respond |
209 | to serious shortages of primary and secondary energy sources. |
210 | Upon a finding by the Governor, implementation of any emergency |
211 | program shall be upon order of the Governor that a particular |
212 | kind or type of fuel is, or that the occurrence of an event |
213 | which is reasonably expected within 30 days will make the fuel, |
214 | in short supply. The department shall then respond by |
215 | instituting the appropriate measures of the contingency plan to |
216 | meet the given emergency or energy shortage. The Governor may |
217 | utilize the provisions of s. 252.36(5) to carry out any |
218 | emergency actions required by a serious shortage of energy |
219 | sources. |
220 | (b) The department shall constitute the responsible state |
221 | agency for performing or coordinating the functions of any |
222 | federal energy programs delegated to the state, including energy |
223 | supply, demand, conservation, or allocation. |
224 | (c) The department shall analyze present and proposed |
225 | federal energy programs and make recommendations regarding those |
226 | programs to the Governor. |
227 | (d) The department shall coordinate efforts to seek |
228 | federal support or other support for state energy activities, |
229 | including energy conservation, research, or development, and |
230 | shall be the state agency responsible for the coordination of |
231 | multiagency energy conservation programs and plans. |
232 | (e) The department shall analyze energy data collected and |
233 | prepare long-range forecasts of energy supply and demand in |
234 | coordination with the Florida Public Service Commission, which |
235 | shall have responsibility for electricity and natural gas |
236 | forecasts. To this end, the forecasts shall contain: |
237 | 1. An analysis of the relationship of state economic |
238 | growth and development to energy supply and demand, including |
239 | the constraints to economic growth resulting from energy supply |
240 | constraints. |
241 | 2. Plans for the development of renewable energy resources |
242 | and reduction in dependence on depletable energy resources, |
243 | particularly oil and natural gas, and an analysis of the extent |
244 | to which renewable energy sources are being utilized in the |
245 | state. |
246 | 3. Consideration of alternative scenarios of statewide |
247 | energy supply and demand for 5, 10, and 20 years, to identify |
248 | strategies for long-range action, including identification of |
249 | potential social, economic, and environmental effects. |
250 | 4. An assessment of the state's energy resources, |
251 | including examination of the availability of commercially |
252 | developable and imported fuels, and an analysis of anticipated |
253 | effects on the state's environment and social services resulting |
254 | from energy resource development activities or from energy |
255 | supply constraints, or both. |
256 | (f) The department shall make a report, as requested by |
257 | the Governor or the Legislature, reflecting its activities and |
258 | making recommendations of policies for improvement of the |
259 | state's response to energy supply and demand and its effect on |
260 | the health, safety, and welfare of the people of Florida. The |
261 | report shall include a report from the Florida Public Service |
262 | Commission on electricity and natural gas and information on |
263 | energy conservation programs conducted and under way in the past |
264 | year and shall include recommendations for energy conservation |
265 | programs for the state, including, but not limited to, the |
266 | following factors: |
267 | 1. Formulation of specific recommendations for improvement |
268 | in the efficiency of energy utilization in governmental, |
269 | residential, commercial, industrial, and transportation sectors. |
270 | 2. Collection and dissemination of information relating to |
271 | energy conservation. |
272 | 3. Development and conduct of educational and training |
273 | programs relating to energy conservation. |
274 | 4. An analysis of the ways in which state agencies are |
275 | seeking to implement s. 377.601(4), the state energy policy, and |
276 | recommendations for better fulfilling this policy. |
277 | (g) The department has authority to adopt rules pursuant |
278 | to ss. 120.536(1) and 120.54 to implement the provisions of this |
279 | act. |
280 | (h) The department shall promote the development and use |
281 | of renewable energy resources, in conformance with the |
282 | provisions of chapter 187 and s. 377.601, by: |
283 | 1. Establishing goals and strategies for increasing the |
284 | use of solar energy in this state. |
285 | 2. Aiding and promoting the commercialization of solar |
286 | energy technology, in cooperation with the Florida Solar Energy |
287 | Center, Enterprise Florida, Inc., and any other federal, state, |
288 | or local governmental agency which may seek to promote research, |
289 | development, and demonstration of solar energy equipment and |
290 | technology. |
291 | 3. Identifying barriers to greater use of solar energy |
292 | systems in this state, and developing specific recommendations |
293 | for overcoming identified barriers, with findings and |
294 | recommendations to be submitted annually in the report to the |
295 | Legislature required under paragraph (f). |
296 | 4. In cooperation with the Department of Transportation, |
297 | the Department of Community Affairs, Enterprise Florida, Inc., |
298 | the Florida Solar Energy Center, and the Florida Solar Energy |
299 | Industries Association, investigating opportunities, pursuant to |
300 | the National Energy Policy Act of 1992 and the Housing and |
301 | Community Development Act of 1992, for solar electric vehicles |
302 | and other solar energy manufacturing, distribution, |
303 | installation, and financing efforts which will enhance this |
304 | state's position as the leader in solar energy research, |
305 | development, and use. |
306 | 5. Undertaking other initiatives to advance the |
307 | development and use of renewable energy resources in this state. |
308 |
|
309 | In the exercise of its responsibilities under this paragraph, |
310 | the department shall seek the assistance of the solar energy |
311 | industry in this state and other interested parties and is |
312 | authorized to enter into contracts, retain professional |
313 | consulting services, and expend funds appropriated by the |
314 | Legislature for such purposes. |
315 | (i) The department shall promote energy conservation in |
316 | all energy use sectors throughout the state and shall constitute |
317 | the state agency primarily responsible for this function. To |
318 | this end, the department shall coordinate the energy |
319 | conservation programs of all state agencies and review and |
320 | comment on the energy conservation programs of all state |
321 | agencies. |
322 | (j) The department shall serve as the state clearinghouse |
323 | for indexing and gathering all information related to energy |
324 | programs in state universities, in private universities, in |
325 | federal, state, and local government agencies, and in private |
326 | industry and shall prepare and distribute such information in |
327 | any manner necessary to inform and advise the citizens of the |
328 | state of such programs and activities. This shall include |
329 | developing and maintaining a current index and profile of all |
330 | research activities, which shall be identified by energy area |
331 | and may include a summary of the project, the amount and sources |
332 | of funding, anticipated completion dates, or, in case of |
333 | completed research, conclusions, recommendations, and |
334 | applicability to state government and private sector functions. |
335 | The department shall coordinate, promote, and respond to efforts |
336 | by all sectors of the economy to seek financial support for |
337 | energy activities. The department shall provide information to |
338 | consumers regarding the anticipated energy-use and energy-saving |
339 | characteristics of products and services in coordination with |
340 | any federal, state, or local governmental agencies as may |
341 | provide such information to consumers. |
342 | (k) The department shall coordinate energy-related |
343 | programs of state government, including, but not limited to, the |
344 | programs provided in this section. To this end, the department |
345 | shall: |
346 | 1. Provide assistance to other state agencies, counties, |
347 | municipalities, and regional planning agencies to further and |
348 | promote their energy planning activities. |
349 | 2. Require, in cooperation with the Department of |
350 | Management Services, all state agencies to operate state-owned |
351 | and state-leased buildings in accordance with energy |
352 | conservation standards as adopted by the Department of |
353 | Management Services. Every 3 months, the Department of |
354 | Management Services shall furnish the department data on |
355 | agencies' energy consumption in a format mutually agreed upon by |
356 | the two departments. |
357 | 3. Promote the development and use of renewable energy |
358 | resources, energy efficiency technologies, and conservation |
359 | measures. |
360 | 4. Promote the recovery of energy from wastes, including, |
361 | but not limited to, the use of waste heat, the use of |
362 | agricultural products as a source of energy, and recycling of |
363 | manufactured products. Such promotion shall be conducted in |
364 | conjunction with, and after consultation with, the Department of |
365 | Environmental Protection, the Florida Public Service Commission |
366 | where electrical generation or natural gas is involved, and any |
367 | other relevant federal, state, or local governmental agency |
368 | having responsibility for resource recovery programs. |
369 | (l) The department shall develop, coordinate, and promote |
370 | a comprehensive research plan for state programs. Such plan |
371 | shall be consistent with state energy policy and shall be |
372 | updated on a biennial basis. |
373 | (m) In recognition of the devastation to the economy of |
374 | this state and the dangers to the health and welfare of |
375 | residents of this state caused by Hurricane Andrew, and the |
376 | potential for such impacts caused by other natural disasters, |
377 | the department shall include in its energy emergency contingency |
378 | plan and provide to the Department of Community Affairs for |
379 | inclusion in the state model energy efficiency building code |
380 | specific provisions to facilitate the use of cost-effective |
381 | solar energy technologies as emergency remedial and preventive |
382 | measures for providing electric power, street lighting, and |
383 | water heating service in the event of electric power outages. |
384 | (4) The department shall be responsible for the |
385 | administration of the Coastal Energy Impact Program provided for |
386 | and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a and is |
387 | authorized to adopt rules to implement the program. |
388 | Section 11. Section 403.42, Florida Statutes, is amended |
389 | to read: |
390 | 403.42 Florida Clean Fuel Act.-- |
391 | (1) POPULAR NAME SHORT TITLE AND PURPOSE.-- |
392 | (a) This section shall be known by the popular name may be |
393 | cited as the "Florida Clean Fuel Act." |
394 | (b) The purposes of this act are to establish the Clean |
395 | Fuel Florida Advisory Board under the Department of |
396 | Environmental Protection Community Affairs to study the |
397 | implementation of alternative fuel vehicles and to formulate and |
398 | provide to the Secretary of Environmental Protection Community |
399 | Affairs recommendations on expanding the use of alternative fuel |
400 | vehicles in this state and make funding available for |
401 | implementation. |
402 | (2) DEFINITIONS.--For purposes of this act: |
403 | (a) "Alternative fuels" include electricity, biodiesel, |
404 | natural gas, propane, and any other fuel that may be deemed |
405 | appropriate in the future by the Department of Environmental |
406 | Protection Community Affairs with guidance from the Clean Fuel |
407 | Florida Advisory Board. |
408 | (b) "Alternative fuel vehicles" include on-road and off- |
409 | road transportation vehicles and light-duty, medium-duty, and |
410 | heavy-duty vehicles that are powered by an alternative fuel or a |
411 | combination of alternative fuels. |
412 | (3) CLEAN FUEL FLORIDA ADVISORY BOARD ESTABLISHED; |
413 | MEMBERSHIP; DUTIES AND RESPONSIBILITIES.-- |
414 | (a) The Clean Fuel Florida Advisory Board is established |
415 | within the Department of Environmental Protection Community |
416 | Affairs. |
417 | (b)1. The advisory board shall consist of the Secretary of |
418 | Community Affairs, or a designee from that department, the |
419 | Secretary of Environmental Protection, or a designee from that |
420 | department, the Commissioner of Education, or a designee from |
421 | that department, the Secretary of Transportation, or a designee |
422 | from that department, the Commissioner of Agriculture, or a |
423 | designee from the Department of Agriculture and Consumer |
424 | Services, the Secretary of Management Services, or a designee |
425 | from that department, and a representative of each of the |
426 | following, who shall be appointed by the Secretary of |
427 | Environmental Protection Community Affairs within 30 days after |
428 | the effective date of this act: |
429 | a. The Florida biodiesel industry. |
430 | b. The Florida electric utility industry. |
431 | c. The Florida natural gas industry. |
432 | d. The Florida propane gas industry. |
433 | e. An automobile manufacturers' association. |
434 | f. A Florida Clean Cities Coalition designated by the |
435 | United States Department of Energy. |
436 | g. Enterprise Florida, Inc. |
437 | h. EV Ready Broward. |
438 | i. The Florida petroleum industry. |
439 | j. The Florida League of Cities. |
440 | k. The Florida Association of Counties. |
441 | l. Floridians for Better Transportation. |
442 | m. A motor vehicle manufacturer. |
443 | n. Florida Local Environment Resource Agencies. |
444 | o. Project for an Energy Efficient Florida. |
445 | p. Florida Transportation Builders Association. |
446 | 2. The purpose of the advisory board is to serve as a |
447 | resource for the department and to provide the Governor, the |
448 | Legislature, and the Secretary of Environmental Protection |
449 | Community Affairs with private sector and other public agency |
450 | perspectives on achieving the goal of increasing the use of |
451 | alternative fuel vehicles in this state. |
452 | 3. Members shall be appointed to serve terms of 1 year |
453 | each, with reappointment at the discretion of the Secretary of |
454 | Environmental Protection Community Affairs. Vacancies shall be |
455 | filled for the remainder of the unexpired term in the same |
456 | manner as the original appointment. |
457 | 4. The board shall annually select a chairperson. |
458 | 5.a. The board shall meet at least once each quarter or |
459 | more often at the call of the chairperson or the Secretary of |
460 | Environmental Protection Community Affairs. |
461 | b. Meetings are exempt from the notice requirements of |
462 | chapter 120, and sufficient notice shall be given to afford |
463 | interested persons reasonable notice under the circumstances. |
464 | 6. Members of the board are entitled to travel expenses |
465 | while engaged in the performance of board duties. |
466 | 7. The board shall terminate 5 years after the effective |
467 | date of this act. |
468 | (c) The board shall review the performance of the state |
469 | with reference to alternative fuel vehicle implementation in |
470 | complying with federal laws and maximizing available federal |
471 | funding and may: |
472 | 1. Advise the Governor, Legislature, and the Secretary of |
473 | Environmental Protection Community Affairs and make |
474 | recommendations regarding implementation and use of alternative |
475 | fuel vehicles in this state. |
476 | 2. Identify potential improvements in this act and the |
477 | state's alternative fuel policies. |
478 | 3. Request from all state agencies any information the |
479 | board determines relevant to board duties. |
480 | 4. Regularly report to the Secretary of Environmental |
481 | Protection Community Affairs, the Governor, the President of the |
482 | Senate, and the Speaker of the House of Representatives |
483 | regarding the board's findings and recommendations. |
484 | (d)1. The advisory board shall, within 120 days after its |
485 | first meeting, make recommendations to the Department of |
486 | Environmental Protection Community Affairs for establishing |
487 | pilot programs in this state that provide experience and support |
488 | the best use expansion of the alternative fuel vehicle industry |
489 | in this state. No funds shall be released for a project unless |
490 | there is at least a 50-percent private or local match. |
491 | 2. In addition to the pilot programs, the advisory board |
492 | shall assess federal, state, and local initiatives to identify |
493 | incentives that encourage successful alternative fuel vehicle |
494 | programs; obstacles to alternative fuel vehicle use including |
495 | legislative, regulatory, and economic obstacles; and programs |
496 | that educate and inform the public about alternative fuel |
497 | vehicles. |
498 | 3. The advisory board is charged with determining a |
499 | reasonable, fair, and equitable way to address current motor |
500 | fuel taxes as they apply to alternative fuels and at what |
501 | threshold of market penetration. |
502 | 4. Based on its findings, the advisory board shall develop |
503 | recommendations to the Legislature on future alternative fuel |
504 | vehicle programs and legislative changes that provide the best |
505 | use of state and other resources to enhance the alternative fuel |
506 | vehicle market in this state and maximize the return on that |
507 | investment in terms of job creation, economic development, and |
508 | emissions reduction. |
509 | (e) The advisory board, working with the Department of |
510 | Environmental Protection Community Affairs, shall develop a |
511 | budget for the department's approval, and all expenditures shall |
512 | be approved by the department. At the conclusion of the first |
513 | year, the department shall conduct an audit of the board and |
514 | board programs. |
515 | Section 12. Subsection (4) of section 420.36, Florida |
516 | Statutes, is amended to read: |
517 | 420.36 Low-income Emergency Home Repair Program.--There is |
518 | established within the Department of Community Affairs the Low- |
519 | income Emergency Home Repair Program to assist low-income |
520 | persons, especially the elderly and physically disabled, in |
521 | making emergency repairs which directly affect their health and |
522 | safety. |
523 | (4)(a) Funds appropriated to the department for the |
524 | program shall be deposited in the State Housing Energy |
525 | Consumption Trust Fund. Administrative and personnel costs |
526 | incurred by the department in implementing the provisions of |
527 | this section may be paid from the fund. |
528 | (b) The grantee may subgrant these funds to a subgrantee |
529 | if the grantee is unable to serve all of the county or the |
530 | target population. Grantee and subgrantee eligibility shall be |
531 | determined by the department. |
532 | (c) Funds shall be distributed to grantees and subgrantees |
533 | as follows: |
534 | 1. For each county, a base amount of at least $3,000 shall |
535 | be set aside from the total funds available, and such amount |
536 | shall be deducted from the total amount appropriated by the |
537 | Legislature. |
538 | 2. The balance of the funds appropriated by the |
539 | Legislature shall be divided by the total poverty population of |
540 | the state, and this quotient shall be multiplied by each |
541 | county's share of the poverty population. That amount plus the |
542 | base of at least $3,000 shall constitute each county's share. A |
543 | grantee which serves more than one county shall receive the base |
544 | amount plus the poverty population share for each county to be |
545 | served. Contracts with grantees may be renewed annually. |
546 | 3. The funds allocated to each county shall be offered |
547 | first to an existing weatherization assistance program grantee |
548 | in good standing, as determined by the department, that can |
549 | provide services to the target population of low-income persons, |
550 | low-income elderly persons, and low-income physically disabled |
551 | persons throughout the county. |
552 | 4. If a weatherization assistance program grantee is not |
553 | available to serve the entire county area, the funds shall be |
554 | distributed through the following process: |
555 | a. An announcement of funding availability shall be |
556 | provided to the county. The county may elect to administer the |
557 | program. |
558 | b. If the county elects not to administer the program, the |
559 | department shall establish rules to address the selection of one |
560 | or more public or private not-for-profit agencies that are |
561 | experienced in weatherization, rehabilitation, or emergency |
562 | repair to administer the program. |
563 | 5. If no eligible agency agrees to serve a county, the |
564 | funds for that county shall be distributed to grantees having |
565 | the best performance record as determined by department rule. At |
566 | the end of the contract year, any uncontracted or unexpended |
567 | funds shall be returned to the State Housing Energy Consumption |
568 | Trust Fund and reallocated under the next year's contracting |
569 | cycle. |
570 | Section 13. The Affordable Housing Catalyst Program, as |
571 | authorized and governed by s. 420.606, Florida Statutes, is |
572 | transferred by a type two transfer, as defined in s. 20.06(2), |
573 | Florida Statutes, from the Department of Community Affairs to |
574 | the Florida Housing Finance Corporation. Notwithstanding s. |
575 | 20.06(2), Florida Statutes, trust funds associated with this |
576 | program shall remain within the Department of Community Affairs. |
577 | Section 14. Subsections (42) and (43) are added to section |
578 | 420.507, Florida Statutes, to read: |
579 | 420.507 Powers of the corporation.--The corporation shall |
580 | have all the powers necessary or convenient to carry out and |
581 | effectuate the purposes and provisions of this part, including |
582 | the following powers which are in addition to all other powers |
583 | granted by other provisions of this part: |
584 | (42) To provide information, assistance, and facilities |
585 | needed by the Affordable Housing Study Commission. |
586 | (43) To develop and administer the Affordable Housing |
587 | Catalyst Program under s. 420.531. |
588 | Section 15. Section 420.531, Florida Statutes, is created |
589 | to read: |
590 | 420.531 Affordable Housing Catalyst Program.--The |
591 | corporation shall operate the Affordable Housing Catalyst |
592 | Program for the purpose of securing the expertise necessary to |
593 | provide specialized technical support to local governments and |
594 | community-based organizations to implement the HOME Investment |
595 | Partnership Program, State Housing Initiatives Partnership |
596 | Program, and other affordable housing programs. To the maximum |
597 | extent feasible, the entity to provide the necessary expertise |
598 | must be recognized by the Internal Revenue Service as a |
599 | nonprofit tax-exempt organization. It must have as its primary |
600 | mission the provision of affordable housing training and |
601 | technical assistance, an ability to provide training and |
602 | technical assistance statewide, and a proven track record of |
603 | successfully providing training and technical assistance under |
604 | the Affordable Housing Catalyst Program. The technical support |
605 | shall, at a minimum, include training relating to the following |
606 | key elements of the partnership programs: |
607 | (1) Formation of local and regional housing partnerships |
608 | as a means of bringing together resources to provide affordable |
609 | housing. |
610 | (2) Implementation of regulatory reforms to reduce the |
611 | risk and cost of developing affordable housing. |
612 | (3) Implementation of affordable housing programs included |
613 | in local government comprehensive plans. |
614 | (4) Compliance with requirements of federally funded |
615 | housing programs. |
616 | Section 16. Subsection (8) of section 420.6015, Florida |
617 | Statutes, is amended to read: |
618 | 420.6015 Legislative findings.--In addition to the |
619 | findings and declarations in ss. 420.0002, 420.502, 421.02, |
620 | 422.02, and 423.01, which are hereby reaffirmed, the Legislature |
621 | finds that: |
622 | (8) Through the Affordable Housing Catalyst Program and |
623 | other program and staff resources, The department shall |
624 | facilitate the mobilization of public and private resources to |
625 | provide affordable housing through its responsibilities in the |
626 | areas of housing, comprehensive planning, and community |
627 | assistance. |
628 | Section 17. Subsection (3) of section 420.606, Florida |
629 | Statutes, is amended to read: |
630 | 420.606 Training and technical assistance program.-- |
631 | (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.--The |
632 | Department of Community Affairs shall be responsible for |
633 | securing the necessary expertise to provide training and |
634 | technical assistance to staff of local governments, to staff of |
635 | state agencies, as appropriate, and to community-based |
636 | organizations, and to persons forming such organizations, which |
637 | are formed for the purpose of developing new housing and |
638 | rehabilitating existing housing which is affordable for very- |
639 | low-income persons, low-income persons, and moderate-income |
640 | persons. To the maximum extent feasible, the entity to provide |
641 | the necessary expertise must be recognized by the Internal |
642 | Revenue Service as a nonprofit tax-exempt organization. It must |
643 | have as its primary mission the provision of affordable housing |
644 | training and technical assistance; an ability to provide |
645 | training and technical assistance statewide; and a proven track |
646 | record of successfully providing training and technical |
647 | assistance under the Affordable Housing Catalyst Program. |
648 | (a) The training component of the program shall be |
649 | designed to build the housing development capacity of community- |
650 | based organizations and local governments as a permanent |
651 | resource for the benefit of communities in this state. |
652 | 1. The scope of training shall include, but not be limited |
653 | to, real estate development skills related to affordable |
654 | housing, including the construction process and property |
655 | management and disposition, the development of public-private |
656 | partnerships to reduce housing costs, model housing projects, |
657 | and management and board responsibilities of community-based |
658 | organizations. |
659 | 2. Training activities may include, but are not limited |
660 | to, materials for self-instruction, workshops, seminars, |
661 | internships, coursework, and special programs developed in |
662 | conjunction with state universities and community colleges. |
663 | (b) The technical assistance component of the program |
664 | shall be designed to assist applicants for state-administered |
665 | programs in developing applications and in expediting project |
666 | implementation. Technical assistance activities for the staffs |
667 | of community-based organizations and local governments who are |
668 | directly involved in the production of affordable housing may |
669 | include, but are not limited to, workshops for program |
670 | applicants, onsite visits, guidance in achieving project |
671 | completion, and a newsletter to community-based organizations |
672 | and local governments. |
673 | (c) The department shall establish a program known as the |
674 | Affordable Housing Catalyst Program to be responsible for |
675 | securing the necessary expertise as provided in this section for |
676 | providing specialized technical support to local governments to |
677 | implement the HOME Investment Partnership Program, State Housing |
678 | Initiatives Partnership Program, and other affordable housing |
679 | programs. The technical support shall, at a minimum, provide |
680 | training relating to the following key elements of the |
681 | partnership programs: |
682 | 1. The formation of local and regional housing |
683 | partnerships as a means of bringing together resources to |
684 | provide affordable housing. |
685 | 2. The implementation of regulatory reforms to reduce the |
686 | risk and cost of developing affordable housing. |
687 | 3. The implementation of affordable housing programs |
688 | included in local government comprehensive plans. |
689 | 4. The compliance with requirements of federally funded |
690 | housing programs. |
691 | Section 18. Subsection (3) of section 420.609, Florida |
692 | Statutes, is amended to read: |
693 | 420.609 Affordable Housing Study Commission.--Because the |
694 | Legislature firmly supports affordable housing in Florida for |
695 | all economic classes: |
696 | (3) The department and the corporation shall supply such |
697 | information, assistance, and facilities as are deemed necessary |
698 | for the commission to carry out its duties under this section |
699 | and shall provide such staff assistance as is necessary for the |
700 | performance of required clerical and administrative functions of |
701 | the commission. |
702 | Section 19. Subsection (7) of section 420.9075, Florida |
703 | Statutes, is amended to read: |
704 | 420.9075 Local housing assistance plans; partnerships.-- |
705 | (7) Pursuant to s. 420.531 420.606, the corporation shall |
706 | provide technical assistance to local governments regarding the |
707 | creation of partnerships, the design of local housing assistance |
708 | strategies, the implementation of local housing incentive |
709 | strategies, and the provision of support services. |
710 | Section 20. This act shall take effect July 1, 2004. |