Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 77, 1st Eng.
                        Barcode 734522
                            CHAMBER ACTION
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 366.91, Florida Statutes, is
18  created to read:
19         366.91  Renewable energy.--
20         (1)  The Legislature finds that it is in the public
21  interest to promote the development of renewable energy
22  resources in this state. Renewable energy resources have the
23  potential to help diversify fuel types to meet Florida's
24  growing dependency on natural gas for electric production,
25  minimize the volatility of fuel costs, encourage investment
26  within the state, improve environmental conditions, and make
27  Florida a leader in new and innovative technologies.
28         (2)  As used in this section, the term:
29         (a)  "Biomass" means a power source that is comprised
30  of, but not limited to, combustible residues or gases from
31  forest-products manufacturing, agricultural and orchard crops,
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 waste products from livestock and poultry operations and food 2 processing, urban wood waste, municipal solid waste, municipal 3 liquid waste treatment operations, and landfill gas. 4 (b) "Renewable energy" means electrical energy 5 produced from a method that uses one or more of the following 6 fuels or energy sources: hydrogen produced from sources other 7 than fossil fuels, biomass, solar energy, geothermal energy, 8 wind energy, ocean energy, and hydroelectric power. The term 9 includes the alternative energy resource, waste heat, from 10 sulfuric acid manufacturing operations. 11 (3) On or before January 1, 2006, each public utility 12 must continuously offer a purchase contract to producers of 13 renewable energy. The commission shall establish requirements 14 relating to the purchase of capacity and energy by public 15 utilities from renewable energy producers and may adopt rules 16 to administer this section. The contract shall contain payment 17 provisions for energy and capacity which are based upon the 18 utility's full avoided costs, as defined in s. 366.051; 19 however, capacity payments are not required if, due to the 20 operational characteristics of the renewable energy generator 21 or the anticipated peak and off-peak availability and capacity 22 factor of the utility's avoided unit, the producer is unlikely 23 to provide any capacity value to the utility or the electric 24 grid during the contract term. Each contract must provide a 25 contract term of at least 10 years. Prudent and reasonable 26 costs associated with a renewable energy contract shall be 27 recovered from the ratepayers of the contracting utility, 28 without differentiation among customer classes, through the 29 appropriate cost-recovery clause mechanism administered by the 30 commission. 31 (4) On or before January 1, 2006, each municipal 2 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 electric utility and rural electric cooperative whose annual 2 sales, as of July 1, 1993, to retail customers were greater 3 than 2,000 gigawatt hours must continuously offer a purchase 4 contract to producers of renewable energy containing payment 5 provisions for energy and capacity which are based upon the 6 utility's or cooperative's full avoided costs, as determined 7 by the governing body of the municipal utility or cooperative; 8 however, capacity payments are not required if, due to the 9 operational characteristics of the renewable energy generator 10 or the anticipated peak and off-peak availability and capacity 11 factor of the utility's avoided unit, the producer is unlikely 12 to provide any capacity value to the utility or the electric 13 grid during the contract term. Each contract must provide a 14 contract term of at least 10 years. 15 (5) A contracting producer of renewable energy must 16 pay the actual costs of its interconnection with the 17 transmission grid or distribution system. 18 Section 2. Subsection (1) of section 366.11, Florida 19 Statutes, is amended to read: 20 366.11 Certain exemptions.-- 21 (1) No provision of this chapter shall apply in any 22 manner, other than as specified in ss. 366.04, 366.05(7) and 23 (8), 366.051, 366.055, 366.093, 366.095, 366.14, and 24 366.80-366.85, and 366.91, to utilities owned and operated by 25 municipalities, whether within or without any municipality, or 26 by cooperatives organized and existing under the Rural 27 Electric Cooperative Law of the state, or to the sale of 28 electricity, manufactured gas, or natural gas at wholesale by 29 any public utility to, and the purchase by, any municipality 30 or cooperative under and pursuant to any contracts now in 31 effect or which may be entered into in the future, when such 3 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 municipality or cooperative is engaged in the sale and 2 distribution of electricity or manufactured or natural gas, or 3 to the rates provided for in such contracts. 4 Section 3. Section 403.7061, Florida Statutes, is 5 amended to read: 6 403.7061 Requirements for review of new 7 waste-to-energy facility capacity by the Department of 8 Environmental Protection.-- 9 (1) The Legislature recognizes the need to use an 10 integrated approach to municipal solid waste management. 11 Accordingly, the solid waste management legislation adopted in 12 1988 was guided by policies intended to foster integrated 13 solid waste management by using waste reduction, recycling, 14 waste-to-energy facilities, and landfills. Progress is being 15 made in the state using this integrated approach to municipal 16 solid waste management, and this approach should be continued. 17 Waste-to-energy facilities will continue to be an integral 18 part of the state's solid waste management practices. However, 19 the state is committed to achieving its recycling and waste 20 reduction goals and must ensure that waste-to-energy 21 facilities are fully integrated with the state's waste 22 management goals. Therefore, the Legislature finds that the 23 department should evaluate applications for waste-to-energy 24 facilities in accordance with the new criteria in subsection 25 (3) to confirm that the facilities are part of an integrated 26 waste management plan. 27 (2) Notwithstanding any other provisions of state law, 28 the department shall not issue a construction permit or 29 certification to build a waste-to-energy facility or expand an 30 existing waste-to-energy facility unless the facility meets 31 the requirements set forth in subsection (3). Any construction 4 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 permit issued by the department between January 1, 1993, and 2 May 12, 1993, which does not address these new requirements 3 shall be invalid. These new requirements do not apply to the 4 issuance of permits or permit modifications to retrofit 5 existing facilities with new or improved pollution control 6 equipment to comply with state or federal law. The department 7 shall initiate rulemaking to incorporate the criteria in 8 subsection (3) into its permit review process. 9 (3) An applicant must provide reasonable assurance 10 that the construction of a new waste-to-energy facility or the 11 expansion of an existing waste-to-energy facility will comply 12 with the following criteria subsections: 13 (a) The facility is a necessary part of the local 14 government's integrated solid waste management program in the 15 jurisdiction where the facility is located and cannot be 16 avoided through feasible and practical efforts to use 17 recycling or waste reduction. 18 (b) The use of capacity at existing waste-to-energy 19 facilities within reasonable transportation distance of the 20 proposed facility must have been evaluated and found not to be 21 economically feasible when compared to the use of the proposed 22 facility for the expected life of the proposed facility. This 23 paragraph does not apply to: 24 1. Applications to build or expand waste-to-energy 25 facilities received by the department before March 1, 1993, or 26 amendments to such applications that do not increase 27 combustion capacity beyond that requested as of March 1, 1993; 28 or 29 2. Any modification to waste-to-energy facility 30 construction or operating permits or certifications or 31 conditions thereto, including certifications under ss. 5 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 403.501-403.518, that do not increase combustion capacity 2 above that amount applied for before March 1, 1993. 3 (c) The county in which the facility is located has 4 implemented and maintains a solid waste management and 5 recycling program that is designed to will achieve the 6 30-percent waste reduction goal set forth in s. 403.706(4) by 7 the time the facility begins operation. For the purposes of 8 this section, the provisions of s. 403.706(4)(c) for counties 9 having with populations of 100,000 75,000 or fewer less do not 10 apply. 11 (d) The local government in which the facility is 12 located has implemented a mulching, composting, or other waste 13 reduction program for yard trash. 14 (e) The local governments served by the facility will 15 have implemented or participated in a separation program 16 designed to remove small-quantity generator and household 17 hazardous waste, mercury containing devices, and 18 mercuric-oxide batteries from the waste stream prior to 19 incineration, by the time the facility begins operation. 20 (f) The local government in which the facility is 21 located has implemented a program to procure products or 22 materials with recycled content, pursuant to s. 403.7065. 23 (g) A program will exist in the local government in 24 which the facility is located for collecting and recycling 25 recovered material from the institutional, commercial, and 26 industrial sectors by the time the facility begins operation. 27 (h) The facility will be in compliance with applicable 28 local ordinances and with the approved state and local 29 comprehensive plans required by chapter 163. 30 (i) The facility is in substantial compliance with its 31 permit, conditions of certification, and any agreements or 6 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 orders resulting from environmental enforcement actions by 2 state agencies. 3 (4) For the purposes of this section, the term 4 "waste-to-energy facility" means a facility that uses an 5 enclosed device using controlled combustion to thermally break 6 down solid, liquid, or gaseous combustible solid waste to an 7 ash residue that contains little or no combustible material 8 and that produces electricity, steam, or other energy as a 9 result. The term does not include facilities that primarily 10 burn fuels other than solid waste even if such facilities also 11 burn some solid waste as a fuel supplement. The term also does 12 not include facilities that burn vegetative, agricultural, or 13 silvicultural wastes, bagasse, clean dry wood, methane or 14 other landfill gas, wood fuel derived from construction or 15 demolition debris, or waste tires, alone or in combination 16 with fossil fuels. 17 Section 4. Requirements relating to solid waste 18 disposal facility permitting.--Local government applicants for 19 a permit to construct or expand a Class I landfill are 20 encouraged to consider construction of a waste-to-energy 21 facility as an alternative to additional landfill space. 22 Section 5. This act shall take effect October 1, 2005. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 A bill to be entitled 31 An act relating to renewable energy; creating 7 12:43 PM 04/12/05 h007703e1d-21-ta1
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 77, 1st Eng. Barcode 734522 1 s. 366.91, F.S.; providing legislative 2 findings; providing definitions; requiring 3 public utilities, municipal utilities, and 4 rural electric cooperatives to offer a purchase 5 contract to producers of renewable energy; 6 requiring the Florida Public Service Commission 7 to establish requirements relating to the 8 purchase of capacity and energy by public 9 utilities from renewable energy producers; 10 authorizing the commission to adopt rules; 11 providing requirements for contracts; requiring 12 that a producer pay the costs for 13 interconnection; amending s. 366.11, F.S.; 14 specifying that requirements for the purchase 15 of renewable energy apply to municipal 16 utilities; amending s. 403.7061, F.S.; revising 17 a permit requirement for a waste-to-energy 18 facility; encouraging specified applicants for 19 a landfill permit to consider construction of a 20 waste-to-energy facility; providing an 21 effective date. 22 23 24 25 26 27 28 29 30 31 8 12:43 PM 04/12/05 h007703e1d-21-ta1