| 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. |