HB 7123

1	A bill to be entitled
2	An act relating to energy; amending s. 196.175, F.S.;
3	revising provisions for the renewable energy source
4	exemption; excluding the assessed value of certain real
5	property for determination of such exemption; amending s.
6	212.08, F.S.; revising the definition of "ethanol";
7	increasing the cap on the sales tax exemption for
8	materials used in the distribution of biodiesel and
9	ethanol fuels; specifying eligible items as limited to one
10	refund; requiring a purchaser who receives a refund to
11	notify a subsequent purchaser of such refund; creating s.
12	212.086, F.S.; establishing the Energy-Efficient Motor
13	Vehicle Sales Tax Refund Program; providing a sales tax
14	refund for the purchase of an alternative motor vehicle;
15	providing eligibility requirements; providing a
16	limitation; providing for payment of a refund in a
17	subsequent fiscal year under certain circumstances;
18	requiring the department to adopt rules; providing an
19	exclusion; providing for future repeal of the program;
20	amending s. 220.192, F.S., relating to the renewable
21	energy technologies investment tax credit; providing a
22	definition; providing for the transferability of such tax
23	credit; providing requirements and procedures therefor;
24	providing rulemaking requirements and authority; amending
25	s. 220.193, F.S.; providing a definition; providing that a
26	taxpayer's use of certain credits does not prohibit the
27	use of other authorized credits; amending s. 255.251,
28	F.S.; revising a short title; amending s. 255.252, F.S.;
29	revising criteria for energy conservation and
30	sustainability for state-owned buildings; requiring
31	buildings constructed and financed by the state to meet
32	certain environmental standards subject to approval by the
33	Department of Management Services; requiring state
34	agencies to identify state-owned buildings that are
35	suitable for guaranteed energy performance savings
36	contracts; providing requirements and procedures therefor;
37	requiring the Department of Management Services to
38	evaluate identified facilities and develop an energy
39	efficiency project schedule; providing criteria for such
40	schedule; amending s. 255.253, F.S.; providing
41	definitions; amending s. 255.254, F.S.; requiring certain
42	state-owned buildings to meet sustainable building
43	ratings; amending s. 255.255, F.S.; requiring the
44	department to adopt rules and procedures for energy
45	conservation performance guidelines based on sustainable
46	building ratings; amending s. 287.064, F.S.; extending the
47	period of time allowed for the repayment of funds for
48	certain purchases relating to energy conservation
49	measures; requiring guaranteed energy performance savings
50	contractors to provide for the replacement or the
51	extension of the useful life of the equipment during the
52	term of a contract; amending s. 377.802, F.S.; providing
53	for the annual designation of "Energy Efficiency and
54	Conservation Month"; amending s. 377.803, F.S.; revising
55	definitions; amending s. 377.804, F.S.; deleting
56	provisions relating to bioenergy projects under the
57	Renewable Energy Technologies Grants Program; amending s.
58	377.806, F.S.; revising rebate eligibility and application
59	requirements for solar thermal systems; requiring
60	applicants to apply for rebate reservations or separately
61	for rebate payments; authorizing homebuilders and
62	developers to file a single application form for multiple
63	project sites; providing for the distribution of rebate
64	funds; revising rulemaking authority; creating s.
65	403.0874, F.S.; providing a definition; directing the
66	Department of Environmental Protection to develop
67	greenhouse gas inventories; providing requirements for
68	such inventories; authorizing the department to require
69	emission reports; requiring the department to adopt rules;
70	amending s. 403.50663, F.S.; revising the requirements for
71	notice of certain informational public meetings by local
72	governments and regional planning councils relating to
73	power plant siting; amending s. 403.50665, F.S.;
74	authorizing local governments to determine incompleteness
75	of information on certain siting applications as
76	inconsistent with land use plans and zoning ordinances;
77	revising provisions for the filing of certain petitions
78	relating to land use; amending s. 403.508, F.S.; revising
79	provisions for land use certification hearings relating to
80	power plant siting; amending s. 403.509, F.S.; revising
81	provisions for the final disposition of power plant siting
82	applications; amending s. 403.5113, F.S.; revising
83	provisions relating to power plant siting
84	postcertification amendments and review; amending s.
85	403.5115, F.S.; revising provisions for public notice of
86	activities relating to power plant siting; specifying
87	requirements for such notice; amending s. 403.5252, F.S.;
88	revising the timeframes for agencies and the Department of
89	Environmental Protection to provide statements relating to
90	the completeness of applications for power plant siting
91	certification; amending s. 403.527, F.S.; revising the
92	timeframe for the administrative law judge to cancel power
93	plant siting certification hearings and relinquish
94	jurisdiction to the Department of Environmental Protection
95	upon request by the applicant or the department; amending
96	s. 403.5271, F.S.; revising provisions relating to the
97	completeness of applications for alternate corridors;
98	amending s. 403.5272, F.S.; revising the requirements for
99	local governments and regional planning councils to notice
100	certain informational public meetings; amending s.
101	403.5317, F.S.; revising provisions for power plant siting
102	postcertification activities; amending s. 403.5363, F.S.;
103	revising provisions for public notices of power plant
104	siting certification hearings; requiring local governments
105	and regional planning councils to publish notice of
106	certain informational meetings; providing requirements for
107	such publication; amending s. 489.145, F.S.; revising
108	provisions relating to guaranteed energy performance
109	savings contracting to include energy consumption and
110	energy-related operational savings; revising provisions
111	for the financing of guaranteed energy performance savings
112	contracts; revising criteria for proposed contracts;
113	revising program administration and contract review
114	provisions; requiring that consolidated financing of
115	deferred payment commodity contracts be secured by certain
116	funds; requiring the Chief Financial Officer to review
117	proposed guaranteed energy performance savings contracts;
118	creating s. 570.956, F.S.; establishing the Farm-to-Fuel
119	Advisory Council within the Department of Agriculture and
120	Consumer Services; providing membership requirements;
121	providing for council duties; creating s. 570.957, F.S.;
122	establishing the Farm-to-Fuel Grants Program within the
123	Department of Agriculture and Consumer Services; providing
124	definitions; specifying the use of renewable energy grants
125	for projects relating to bioenergy; providing eligibility
126	requirements; authorizing the department to adopt rules;
127	providing criteria for grant award consideration;
128	requiring the department to consult with the Department of
129	Environmental Protection, the Office of Tourism, Trade,
130	and Economic Development, and certain experts when
131	evaluating applications; creating s. 570.958, F.S.;
132	establishing the Biofuel Retail Sales Incentive Program;
133	establishing goals for replacing petroleum consumption;
134	providing definitions; providing incentive payments to
135	qualified retail dealers for increases in the amount of
136	biofuels offered for sale; providing requirements and
137	procedures therefor; creating s. 570.959, F.S.;
138	establishing the Florida Biofuel Production Incentive
139	Program; providing definitions; providing incentive
140	payments to producers of certain biofuels; providing
141	requirements and procedures therefor; authorizing the
142	Department of Agriculture and Consumer Services to adopt
143	rules; directing the Florida Building Commission to
144	convene a workgroup to develop a model residential energy
145	efficiency ordinance; requiring the commission to consult
146	with specified entities to review the cost-effectiveness
147	of energy efficiency measures in the construction of
148	residential, commercial, and government buildings;
149	requiring the commission to consult with specified
150	entities to develop and implement a public awareness
151	campaign; requiring the commission to provide reports to
152	the Legislature; requiring all county, municipal, and
153	public community college buildings to meet certain energy
154	efficiency standards for construction; providing
155	applicability; specifying a period during which the sale
156	of energy-efficient products is exempt from certain tax;
157	providing a limitation; providing a definition;
158	authorizing the Department of Revenue to adopt rules;
159	establishing standards for diesel fuel purchases for use
160	by state-owned diesel vehicles and equipment to include
161	biodiesel purchase requirements; establishing standards
162	for the use of biodiesel fuels by school district
163	transportation services; providing legislative intent
164	relating to the leverage of state funds for certain
165	research and production; creating the Florida Energy,
166	Aerospace, and Technology (F.E.A.T.) Fund; providing
167	requirements and procedures therefor; providing for the
168	construction and operation of a research and demonstration
169	cellulosic ethanol plant; providing requirements and
170	procedures therefor; requiring the Florida Energy
171	Commission to conduct a study and recommend a renewable
172	portfolio standard; providing requirements and procedures
173	therefor; requiring the Public Service Commission to
174	submit a report to the Legislature on methods used to
175	evaluate the conservation goals, plans, and programs of
176	utilities subject to the Florida Energy Efficiency and
177	Conservation Act; providing appropriations; providing an
178	effective date.
179
180	Be It Enacted by the Legislature of the State of Florida:
181
182	Section 1.  Section 196.175, Florida Statutes, is amended
183	to read:
184	196.175  Renewable energy source exemption.--
185	(1)  Improved real property upon which a renewable energy
186	source device is installed and operated shall be entitled to an
187	exemption in the amount of not greater than the lesser of:
188	(a)  The assessed value of such real property less any
189	other exemptions applicable under this chapter;
190	(b)  the original cost of the device, including the
191	installation cost thereof, but excluding the cost of replacing
192	previously existing property removed or improved in the course
193	of such installation; or
194	(c)  Eight percent of the assessed value of such property
195	immediately following installation.
196	(2)  The exempt amount authorized under subsection (1)
197	shall apply in full if the device was installed and operative
198	throughout the 12-month period preceding January 1 of the year
199	of application for this exemption. If the device was operative
200	for a portion of that period, the exempt amount authorized under
201	this section shall be reduced proportionally.
202	(3)  It shall be the responsibility of the applicant for an
203	exemption pursuant to this section to demonstrate affirmatively
204	to the satisfaction of the property appraiser that he or she
205	meets the requirements for exemption under this section and that
206	the original cost pursuant to paragraph (1)(b) and the period
207	for which the device was operative, as indicated on the
208	exemption application, are correct.
209	(4)  No exemption authorized pursuant to this section shall
210	be granted for a period of more than 10 years. No exemption
211	shall be granted with respect to renewable energy source devices
212	installed before July 1, 2007 January 1, 1980, or after December
213	31, 1990.
214	Section 2.  Paragraph (ccc) of subsection (7) of section
215	212.08, Florida Statutes, is amended to read:
216	212.08  Sales, rental, use, consumption, distribution, and
217	storage tax; specified exemptions.--The sale at retail, the
218	rental, the use, the consumption, the distribution, and the
219	storage to be used or consumed in this state of the following
220	are hereby specifically exempt from the tax imposed by this
221	chapter.
222	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
223	entity by this chapter do not inure to any transaction that is
224	otherwise taxable under this chapter when payment is made by a
225	representative or employee of the entity by any means,
226	including, but not limited to, cash, check, or credit card, even
227	when that representative or employee is subsequently reimbursed
228	by the entity. In addition, exemptions provided to any entity by
229	this subsection do not inure to any transaction that is
230	otherwise taxable under this chapter unless the entity has
231	obtained a sales tax exemption certificate from the department
232	or the entity obtains or provides other documentation as
233	required by the department. Eligible purchases or leases made
234	with such a certificate must be in strict compliance with this
235	subsection and departmental rules, and any person who makes an
236	exempt purchase with a certificate that is not in strict
237	compliance with this subsection and the rules is liable for and
238	shall pay the tax. The department may adopt rules to administer
239	this subsection.
240	(ccc)  Equipment, machinery, and other materials for
241	renewable energy technologies.--
242	1.  As used in this paragraph, the term:
243	a.  "Biodiesel" means the mono-alkyl esters of long-chain
244	fatty acids derived from plant or animal matter for use as a
245	source of energy and meeting the specifications for biodiesel
246	and biodiesel blends with petroleum products as adopted by the
247	Department of Agriculture and Consumer Services. Biodiesel may
248	refer to biodiesel blends designated BXX, where XX represents
249	the volume percentage of biodiesel fuel in the blend.
250	b.  "Ethanol" means an nominally anhydrous denatured
251	alcohol produced by the conversion of carbohydrates fermentation
252	of plant sugars meeting the specifications for fuel ethanol and
253	fuel ethanol blends with petroleum products as adopted by the
254	Department of Agriculture and Consumer Services. Ethanol may
255	refer to fuel ethanol blends designated EXX, where XX represents
256	the volume percentage of fuel ethanol in the blend.
257	c.  "Hydrogen fuel cells" means equipment using hydrogen or
258	a hydrogen-rich fuel in an electrochemical process to generate
259	energy, electricity, or the transfer of heat.
260	2.  The sale or use of the following in the state is exempt
261	from the tax imposed by this chapter:
262	a.  Hydrogen-powered vehicles, materials incorporated into
263	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
264	a limit of $2 million in tax each state fiscal year for all
265	taxpayers.
266	b.  Commercial stationary hydrogen fuel cells, up to a
267	limit of $1 million in tax each state fiscal year for all
268	taxpayers.
269	c.  Materials used in the distribution of biodiesel (B10-
270	B100) and ethanol (E10-100), including fueling infrastructure,
271	transportation, and storage, up to a limit of $2 $1 million in
272	tax each state fiscal year for all taxpayers. Gasoline fueling
273	station pump retrofits for ethanol (E10-E100) distribution
274	qualify for the exemption provided in this sub-subparagraph.
275	3.  The Department of Environmental Protection shall
276	provide to the department a list of items eligible for the
277	exemption provided in this paragraph.
278	4.a.  The exemption provided in this paragraph shall be
279	available to a purchaser only through a refund of previously
280	paid taxes. Only one purchase of an eligible item is subject to
281	refund. A purchaser who has received a refund on an eligible
282	item must notify any subsequent purchaser of the item that the
283	item is no longer eligible for a refund of tax paid. This
284	notification must be provided to the purchaser on the sales
285	invoice or other proof of purchase.
286	b.  To be eligible to receive the exemption provided in
287	this paragraph, a purchaser shall file an application with the
288	Department of Environmental Protection. The application shall be
289	developed by the Department of Environmental Protection, in
290	consultation with the department, and shall require:
291	(I)  The name and address of the person claiming the
292	refund.
293	(II)  A specific description of the purchase for which a
294	refund is sought, including, when applicable, a serial number or
295	other permanent identification number.
296	(III)  The sales invoice or other proof of purchase showing
297	the amount of sales tax paid, the date of purchase, and the name
298	and address of the sales tax dealer from whom the property was
299	purchased.
300	(IV)  A sworn statement that the information provided is
301	accurate and that the requirements of this paragraph have been
302	met.
303	c.  Within 30 days after receipt of an application, the
304	Department of Environmental Protection shall review the
305	application and shall notify the applicant of any deficiencies.
306	Upon receipt of a completed application, the Department of
307	Environmental Protection shall evaluate the application for
308	exemption and issue a written certification that the applicant
309	is eligible for a refund or issue a written denial of such
310	certification within 60 days after receipt of the application.
311	The Department of Environmental Protection shall provide the
312	department with a copy of each certification issued upon
313	approval of an application.
314	d.  Each certified applicant shall be responsible for
315	forwarding a certified copy of the application and copies of all
316	required documentation to the department within 6 months after
317	certification by the Department of Environmental Protection.
318	e.  The provisions of s. 212.095 do not apply to any refund
319	application made pursuant to this paragraph. A refund approved
320	pursuant to this paragraph shall be made within 30 days after
321	formal approval by the department.
322	f.  The department may adopt all rules pursuant to ss.
323	120.536(1) and 120.54 to administer this paragraph, including
324	rules establishing forms and procedures for claiming this
325	exemption.
326	g.  The Department of Environmental Protection shall be
327	responsible for ensuring that the total amounts of the
328	exemptions authorized do not exceed the limits as specified in
329	subparagraph 2.
330	5.  The Department of Environmental Protection shall
331	determine and publish on a regular basis the amount of sales tax
332	funds remaining in each fiscal year.
333	6.  This paragraph expires July 1, 2010.
334	Section 3.  Section 212.086, Florida Statutes, is created
335	to read:
336	212.086  Energy-Efficient Motor Vehicle Sales Tax Refund
337	Program.--
338	(1)  The energy-efficient motor vehicle sales tax refund is
339	established to provide financial incentives for the purchase of
340	alternative motor vehicles as specified in this section.
341	(2)  Any person who purchases an alternative motor vehicle
342	is eligible for a refund of the tax imposed under this chapter.
343	The tax that is eligible for a refund shall be computed on the
344	lesser of $15,000 or the sales price as provided in s. 212.02.
345	(3)  In order to qualify for the sales tax refund under
346	this section, the alternative motor vehicle must be certified as
347	a new qualified hybrid motor vehicle, a new qualified
348	alternative fuel motor vehicle, a new qualified fuel cell motor
349	vehicle, or a new advanced lean-burn technology motor vehicle by
350	the Internal Revenue Service for the income tax credit for
351	alternative motor vehicles under s. 30B of the Internal Revenue
352	Code of 1986, as amended.
353	(4)  Notwithstanding ss. 212.095 and 215.26, an application
354	for a refund must be filed with the department within 90 days
355	after purchase of the alternative motor vehicle and must contain
356	the following:
357	(a)  The name and address of the person claiming the
358	refund.
359	(b)  A specific description of the alternative motor
360	vehicle for which a refund is sought, including the vehicle
361	identification number.
362	(c)  The sales invoice or other proof of purchase showing
363	the amount of sales tax paid, the date of purchase, and the name
364	and address of the sales tax dealer from whom the alternative
365	motor vehicle was purchased.
366	(d)  A sworn statement that the information provided is
367	accurate and that the requirements of this section have been
368	met.
369	(5)  The total dollar amount of all refunds issued by the
370	department is limited to the total amount of appropriations in
371	any fiscal year for the program. The department may approve
372	refunds up to the amount appropriated for the refund program
373	based on the date an application for a refund was filed pursuant
374	to subsection (4). If the funds available are insufficient
375	during the current fiscal year, any requests for a refund
376	received during that fiscal year may be processed during the
377	following fiscal year, subject to the appropriation, and have
378	priority over new applications for a refund filed in the
379	following fiscal year. The provisions of s. 213.255 shall not
380	apply to requests for a refund that are held for payment in the
381	following fiscal year.
382	(6)  The department may adopt rules pursuant to ss.
383	120.536(1) and 120.54 to administer this section, including
384	rules establishing forms and procedures for claiming the refund.
385	(7)  A person who receives a refund under s. 212.08(7)(ccc)
386	shall not be eligible for the refund provided in this section.
387	(8)  This section expires July 1, 2010.
388	Section 4.  Subsection (1) of section 220.192, Florida
389	Statutes, is amended, subsection (6) is renumbered as subsection
390	(7) and amended, subsection (7) is renumbered as subsection (8),
391	and a new subsection (6) is added to that section, to read:
392	220.192  Renewable energy technologies investment tax
393	credit.--
394	(1)  DEFINITIONS.--For purposes of this section, the term:
395	(a)  "Biodiesel" means biodiesel as defined in s.
396	212.08(7)(ccc).
397	(b)  "Corporation" means all general partnerships, limited
398	partnerships, limited liability companies, unincorporated
399	businesses, and all other business entities in which a taxpayer
400	owns an interest and which are taxed as partnerships or are
401	disregarded as separate entities from the taxpayer for tax
402	purposes.
403	(c)(b)  "Eligible costs" means:
404	1.  Seventy-five percent of all capital costs, operation
405	and maintenance costs, and research and development costs
406	incurred between July 1, 2006, and June 30, 2010, up to a limit
407	of $3 million per state fiscal year for all taxpayers, in
408	connection with an investment in hydrogen-powered vehicles and
409	hydrogen vehicle fueling stations in the state, including, but
410	not limited to, the costs of constructing, installing, and
411	equipping such technologies in the state.
412	2.  Seventy-five percent of all capital costs, operation
413	and maintenance costs, and research and development costs
414	incurred between July 1, 2006, and June 30, 2010, up to a limit
415	of $1.5 million per state fiscal year for all taxpayers, and
416	limited to a maximum of $12,000 per fuel cell, in connection
417	with an investment in commercial stationary hydrogen fuel cells
418	in the state, including, but not limited to, the costs of
419	constructing, installing, and equipping such technologies in the
420	state.
421	3.  Seventy-five percent of all capital costs, operation
422	and maintenance costs, and research and development costs
423	incurred between July 1, 2006, and June 30, 2010, up to a limit
424	of $6.5 million per state fiscal year for all taxpayers, in
425	connection with an investment in the production, storage, and
426	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
427	the state, including the costs of constructing, installing, and
428	equipping such technologies in the state. Gasoline fueling
429	station pump retrofits for ethanol (E10-E100) distribution
430	qualify as an eligible cost under this subparagraph.
431	(d)(c)  "Ethanol" means ethanol as defined in s.
432	212.08(7)(ccc).
433	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
434	defined in s. 212.08(7)(ccc).
435	(6)  TRANSFERABILITY OF CREDIT.--
436	(a)  Any corporation and any subsequent transferee allowed
437	the tax credit may transfer the tax credit, in whole or in part,
438	to any taxpayer by written agreement, without the requirement of
439	transferring any ownership interest in the property generating
440	the tax credit or any interest in the entity which owns the
441	property. Transferees are entitled to apply the credits against
442	the tax with the same effect as if the transferee had incurred
443	the eligible costs.
444	(b)  To perfect the transfer, the transferor shall provide
445	a written transfer statement providing notice to the Department
446	of Revenue of the assignor's intent to transfer the tax credits
447	to the assignee, the date the transfer is effective, the
448	assignee's name, address, federal taxpayer identification number
449	and tax period, and the amount of tax credits to be transferred.
450	The Department of Revenue shall issue, upon receipt of a
451	transfer statement conforming to the requirements of this
452	section, a certificate to the assignee reflecting the tax credit
453	amounts transferred, a copy of which shall be attached to each
454	tax return by an assignee in which such tax credits are used.
455	(c)  Tax credits derived by such entities treated as
456	corporations pursuant to this section that are not transferred
457	by such entities to other taxpayers pursuant to this subsection
458	shall be passed through to the taxpayers designated as partners,
459	members, or owners, respectively, in any manner agreed to by
460	such persons, whether or not such persons are allocated or
461	allowed any portion of the federal energy tax credit with
462	respect to the eligible costs.
463	(7)(6)  RULES.--The Department of Revenue shall have the
464	authority to adopt rules relating to:
465	(a)  The forms required to claim a tax credit under this
466	section, the requirements and basis for establishing an
467	entitlement to a credit, and the examination and audit
468	procedures required to administer this section.
469	(b)  The implementation and administration of the
470	provisions allowing a transfer of tax credits, including rules
471	prescribing forms, reporting requirements, and the specific
472	procedures, guidelines, and requirements necessary for a tax
473	credit to be transferred.
474	(c)  The implementation and administration of the
475	provisions allowing a pass through of tax credits, including
476	rules prescribing forms, reporting requirements, and the
477	specific procedures, guidelines, and requirements necessary for
478	a tax credit to be passed through to an owner, member, or
479	partner.
480	(8)(7)  PUBLICATION.--The Department of Environmental
481	Protection shall determine and publish on a regular basis the
482	amount of available tax credits remaining in each fiscal year.
483	Section 5.  Paragraph (f) is added to subsection (2) and
484	paragraph (j) is added to subsection (3) of section 220.193,
485	Florida Statutes, to read:
486	220.193  Florida renewable energy production credit.--
487	(2)  As used in this section, the term:
488	(f)  "Sale" or "sold" includes the use of the electricity
489	by the producer of the electricity when such use decreases the
490	amount of electricity that would otherwise be purchased by the
491	producer thereof.
492	(3)  An annual credit against the tax imposed by this
493	section shall be allowed to a taxpayer, based on the taxpayer's
494	production and sale of electricity from a new or expanded
495	Florida renewable energy facility. For a new facility, the
496	credit shall be based on the taxpayer's sale of the facility's
497	entire electrical production. For an expanded facility, the
498	credit shall be based on the increases in the facility's
499	electrical production that are achieved after May 1, 2006.
500	(j)  A taxpayer's use of the credit granted pursuant to
501	this section shall not reduce the amount of any credit
502	authorized by s. 220.186 that would otherwise be available to
503	that taxpayer.
504	Section 6.  Section 255.251, Florida Statutes, is amended
505	to read:
506	255.251  Energy Conservation and Sustainable in Buildings
507	Act; short title.--This act shall be cited as the "Florida
508	Energy Conservation and Sustainable in Buildings Act of 1974."
509	Section 7.  Section 255.252, Florida Statutes, is amended
510	to read:
511	255.252  Findings and intent.--
512	(1)  Operating and maintenance expenditures associated with
513	energy equipment and with energy consumed in state-financed and
514	leased buildings represent a significant cost over the life of a
515	building. Energy conserved by appropriate building design not
516	only reduces the demand for energy but also reduces costs for
517	building operation. For example, commercial buildings are
518	estimated to use from 20 to 80 percent more energy than would be
519	required if energy-conserving designs were used. The size,
520	design, orientation, and operability of windows, the ratio of
521	ventilating air to air heated or cooled, the level of lighting
522	consonant with space-use requirements, the handling of occupancy
523	loads, and the ability to zone off areas not requiring
524	equivalent levels of heating or cooling are but a few of the
525	considerations necessary to conserving energy.
526	(2)  Significant efforts are needed to build energy-
527	efficient state-owned buildings that meet environmental
528	standards underway by the General Services Administration, the
529	National Institute of Standards and Technology, and others to
530	detail the considerations and practices for energy conservation
531	in buildings. Most important is that energy-efficient designs
532	provide energy savings over the life of the building structure.
533	Conversely, energy-inefficient designs cause excess and wasteful
534	energy use and high costs over that life. With buildings lasting
535	many decades and with energy costs escalating rapidly, it is
536	essential that the costs of operation and maintenance for
537	energy-using equipment and sustainable materials be included in
538	all design proposals for state-owned state buildings.
539	(3)  In order that such energy-efficiency and sustainable
540	materials considerations become a function of building design,
541	and also a model for future application in the private sector,
542	it shall be the policy of the state that buildings constructed
543	and financed by the state be designed and constructed to meet
544	the United States Green Building Council (USGBC) Leadership in
545	Energy and Environmental Design (LEED) rating system, Green
546	Building Initiative's Green Globes rating system, or a
547	nationally recognized, high-performance green building rating
548	system as approved by the department in a manner which will
549	minimize the consumption of energy used in the operation and
550	maintenance of such buildings. It is further the policy of the
551	state, when economically feasible, to retrofit existing state-
552	owned buildings in a manner that which will minimize the
553	consumption of energy used in the operation and maintenance of
554	such buildings.
555	(4)  In addition to designing and constructing new
556	buildings to be energy efficient energy-efficient, it shall be
557	the policy of the state to operate, maintain, and renovate
558	existing state-owned state facilities, or provide for their
559	renovation, in a manner that which will minimize energy
560	consumption and maximize their sustainability as well as ensure
561	that facilities leased by the state are operated so as to
562	minimize energy use. Agencies are encouraged to consider shared
563	savings financing of such energy projects, using contracts that
564	which split the resulting savings for a specified period of time
565	between the agency and the private firm or cogeneration
566	contracts which otherwise permit the state to lower its energy
567	costs. Such energy contracts may be funded from the operating
568	budget.
569	(5)  Each state agency must identify and compile a list of
570	all state-owned buildings within its inventory that would be
571	suitable for a guaranteed energy performance savings contract
572	pursuant to s. 489.145. Such list shall be submitted to the
573	Department of Management Services by December 31, 2007, and
574	shall include all facilities over 5,000 square feet in area and
575	for which the agency is responsible for paying the expenses of
576	utilities and other operating expenses as they relate to energy
577	use. In consultation with each department secretary or director,
578	by March 1, 2008, the Department of Management Services shall
579	evaluate each agency's facilities suitable for energy
580	conservation projects and shall develop an energy efficiency
581	project schedule based on factors such as project magnitude,
582	efficiency and effectiveness of energy conservation measures to
583	be implemented, and other factors that may prove to be
584	advantageous to pursue. Such schedule shall provide the deadline
585	for guaranteed energy performance savings contract improvements
586	to be made to the state-owned buildings.
587	Section 8.  Subsections (6) and (7) are added to section
588	255.253, Florida Statutes, to read:
589	255.253  Definitions; ss. 255.251-255.258.--
590	(6)  "Sustainable building" means a building that is
591	healthy and comfortable for its occupants and is economical to
592	operate while conserving resources, including energy, water, raw
593	materials, and land, and minimizing the generation of toxic
594	materials and waste in its design, construction, landscaping,
595	and operation.
596	(7)  "Sustainable building rating" means a rating
597	established by the United States Green Building Council (USGBC)
598	Leadership in Energy and Environmental Design (LEED) rating
599	system, Green Building Initiative's Green Globes rating system,
600	or a nationally recognized, high-performance green building
601	rating system as approved by the department.
602	Section 9.  Section 255.254, Florida Statutes, is amended
603	to read:
604	255.254  No facility constructed or leased without life-
605	cycle costs.--
606	(1)  No state agency shall lease, construct, or have
607	constructed, within limits prescribed herein, a facility without
608	having secured from the department an a proper evaluation of
609	life-cycle costs based on sustainable building ratings, as
610	computed by an architect or engineer. Furthermore, construction
611	shall proceed only upon disclosing, for the facility chosen, the
612	life-cycle costs as determined in s. 255.255, its sustainable
613	building rating, and the capitalization of the initial
614	construction costs of the building. The life-cycle costs shall
615	be a primary consideration in the selection of a building design
616	in addition to its sustainable building rating. Such analysis
617	shall be required only for construction of buildings with an
618	area of 5,000 square feet or greater. For leased buildings 5,000
619	square feet or greater areas of 20,000 square feet or greater
620	within a given building boundary, an energy performance analysis
621	a life-cycle analysis shall be performed, and a lease shall only
622	be made where there is a showing that the energy life-cycle
623	costs incurred by the state are minimal compared to available
624	like facilities.
625	(2)  On and after January 1, 1979, no state agency shall
626	initiate construction or have construction initiated, prior to
627	approval thereof by the department, on a facility or self-
628	contained unit of any facility, the design and construction of
629	which incorporates or contemplates the use of an energy system
630	other than a solar energy system when the life-cycle costs
631	analysis prepared by the department has determined that a solar
632	energy system is the most cost-efficient energy system for the
633	facility or unit.
634	(3)  After September 30, 1985, when any state agency must
635	replace or supplement major items of energy-consuming equipment
636	in existing state-owned or leased facilities or any self-
637	contained unit of any facility with other major items of energy-
638	consuming equipment, the selection of such items shall be made
639	on the basis of a life-cycle cost analysis of alternatives in
640	accordance with rules promulgated by the department under s.
641	255.255.
642	Section 10.  Subsection (1) of section 255.255, Florida
643	Statutes, is amended to read:
644	255.255  Life-cycle costs.--
645	(1)  The department shall promulgate rules and procedures,
646	including energy conservation performance guidelines based on
647	sustainable building ratings, for conducting a life-cycle cost
648	analysis of alternative architectural and engineering designs
649	and alternative major items of energy-consuming equipment to be
650	retrofitted in existing state-owned or leased facilities and for
651	developing energy performance indices to evaluate the efficiency
652	of energy utilization for competing designs in the construction
653	of state-financed and leased facilities.
654	Section 11.  Subsection (10) of section 287.064, Florida
655	Statutes, is amended to read:
656	287.064  Consolidated financing of deferred-payment
657	purchases.--
658	(10)  Costs incurred pursuant to a guaranteed energy
659	performance savings contract, including the cost of energy
660	conservation measures, each as defined in s. 489.145, may be
661	financed pursuant to a master equipment financing agreement;
662	however, the costs of training, operation, and maintenance may
663	not be financed. The period of time for repayment of the funds
664	drawn pursuant to the master equipment financing agreement under
665	this subsection may exceed 5 years but may not exceed 20 10
666	years for energy conservation measures pursuant to s. 489.145,
667	excluding the costs of training, operation, and maintenance. The
668	guaranteed energy performance savings contractor shall provide
669	for the replacement or the extension of the useful life of the
670	equipment during the term of the contract.
671	Section 12.  Section 377.802, Florida Statutes, is amended
672	to read:
673	377.802  Purposes Purpose.--
674	(1)  This act is intended to provide matching grants to
675	stimulate capital investment in the state and to enhance the
676	market for and promote the statewide utilization of renewable
677	energy technologies. The targeted grants program is designed to
678	advance the already growing establishment of renewable energy
679	technologies in the state and encourage the use of other
680	incentives such as tax exemptions and regulatory certainty to
681	attract additional renewable energy technology producers,
682	developers, and users to the state.
683	(2)  This act is also intended to provide incentives for
684	the purchase of energy-efficient appliances and rebates for
685	solar energy equipment installations for residential and
686	commercial buildings. In order to promote energy efficiency and
687	conservation of the state's resources, the month of October
688	shall annually be designated "Energy Efficiency and Conservation
689	Month."
690	Section 13.  Subsection (2) of section 377.803, Florida
691	Statutes, is amended, and subsections (3) through (10) of that
692	section are redesignated as subsections (2) through (9),
693	respectively, to read:
694	377.803  Definitions.--As used in ss. 377.801-377.806, the
695	term:
696	(2)  "Approved metering equipment" means a device capable
697	of measuring the energy output of a solar thermal system that
698	has been approved by the commission.
699	Section 14.  Subsection (6) of section 377.804, Florida
700	Statutes, is amended to read:
701	377.804  Renewable Energy Technologies Grants Program.--
702	(6)  The department shall coordinate and actively consult
703	with the Department of Agriculture and Consumer Services during
704	the review and approval process of grants relating to bioenergy
705	projects for renewable energy technology, and the departments
706	shall jointly determine the grant awards to these bioenergy
707	projects. No grant funding shall be awarded to any bioenergy
708	project without such joint approval. Factors for consideration
709	in awarding grants may include, but are not limited to, the
710	degree to which:
711	(a)  The project stimulates in-state capital investment and
712	economic development in metropolitan and rural areas, including
713	the creation of jobs and the future development of a commercial
714	market for bioenergy.
715	(b)  The project produces bioenergy from Florida-grown
716	crops or biomass.
717	(c)  The project demonstrates efficient use of energy and
718	material resources.
719	(d)  The project fosters overall understanding and
720	appreciation of bioenergy technologies.
721	(e)  Matching funds and in-kind contributions from an
722	applicant are available.
723	(f)  The project duration and the timeline for expenditures
724	are acceptable.
725	(g)  The project has a reasonable assurance of enhancing
726	the value of agricultural products or will expand agribusiness
727	in the state.
728	(h)  Preliminary market and feasibility research has been
729	conducted by the applicant or others and shows there is a
730	reasonable assurance of a potential market.
731	Section 15.  Subsections (3), (5), (6), and (7) of section
732	377.806, Florida Statutes, are amended to read:
733	377.806  Solar Energy System Incentives Program.--
734	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
735	(a)  Eligibility requirements.--A solar thermal system
736	qualifies for a rebate if:
737	1.  The system is installed by a state-licensed solar or
738	plumbing contractor.
739	2.  The system complies with all applicable building codes
740	as defined by the local jurisdictional authority.
741	(b)  Rebate amounts.--Authorized rebates for installation
742	of solar thermal systems shall be as follows:
743	1.  Five hundred dollars for a residence.
744	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
745	for a place of business, a publicly owned or operated facility,
746	or a facility owned or operated by a private, not-for-profit
747	organization, including condominiums or apartment buildings. Btu
748	must be verified by approved metering equipment.
749	(5)  APPLICATION.--To qualify for a rebate, an applicant
750	must:
751	(a)  Apply for a rebate reservation at least 10 days before
752	the date of installation of any solar equipment. Homebuilders or
753	developers may file a single application form for project sites
754	containing more than 25 homes. For project sites containing
755	fewer than 25 homes, the homebuilder or developer must file a
756	separate rebate reservation application for each home; and
757	(b)  Submit a separate application for a rebate payment
758	within 90 days after the installation of any solar equipment.
759	Application for a rebate must be made within 90 days after the
760	purchase of the solar energy equipment.
761	(6)  REBATE AVAILABILITY.--The department shall determine
762	and publish on a regular basis the amount of rebate funds
763	remaining in each fiscal year. The total dollar amount of all
764	rebates issued by the department is subject to the total amount
765	of appropriations in any fiscal year for this program. If funds
766	are insufficient during the current fiscal year, any requests
767	for rebates received during that fiscal year may be processed
768	during the following fiscal year. Requests for rebates received
769	in a fiscal year that are processed during the following fiscal
770	year shall be given priority over requests for rebates received
771	during the following fiscal year. At least 60 percent of rebate
772	funds appropriated under this program shall be distributed to
773	homeowners installing solar equipment in new or renovated homes.
774	(7)  RULES.--The department shall adopt rules pursuant to
775	ss. 120.536(1) and 120.54 to develop rebate applications for
776	rebate reservations and rebate payments and administer the
777	issuance of rebates.
778	Section 16.  Section 403.0874, Florida Statutes, is created
779	to read:
780	403.0874  Greenhouse gas inventories.--
781	(1)  "Greenhouse gases" means gases that trap heat in the
782	atmosphere. The principal greenhouse gases are: carbon dioxide
783	(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases
784	(such as hydrofluorocarbons, perfluorocarbons, and sulfur
785	hexafluoride).
786	(2)  The department shall develop greenhouse gas
787	inventories that account for annual greenhouse gases emitted to
788	and removed from the atmosphere, and forecast gases emitted and
789	removed, for all major greenhouse gases, for time periods
790	determined sufficient by the department to provide for adequate
791	analysis and planning.
792	(3)  By rule, the department shall define which greenhouse
793	gases are to be included in each inventory, the criteria for
794	defining major emitters, which emitters must report emissions,
795	and what methodologies shall be used to estimate gases emitted
796	and removed from those not required to report.
797	(4)  The department is authorized to require all major
798	emitters of defined greenhouse gases to report emissions
799	according to methodologies and reporting systems approved by the
800	department and established by rule, which may include the use of
801	quality-assured data from continuous emissions monitoring
802	systems.
803	Section 17.  Subsection (3) of section 403.50663, Florida
804	Statutes, is amended to read:
805	403.50663  Informational public meetings.--
806	(3)  A local government or regional planning council that
807	intends to conduct an informational public meeting must provide
808	notice of the meeting to all parties not less than 15 5 days
809	prior to the meeting and to the general public, in accordance
810	with the provisions of s. 403.5115(5).
811	Section 18.  Subsections (2), (3), and (4) of section
812	403.50665, Florida Statutes, are amended to read:
813	403.50665  Land use consistency.--
814	(2)  Within 45 days after the filing of the application,
815	each local government shall file a determination with the
816	department, the applicant, the administrative law judge, and all
817	parties on the consistency of the site or any directly
818	associated facilities with existing land use plans and zoning
819	ordinances that were in effect on the date the application was
820	filed, based on the information provided in the application. The
821	local government may issue its determination up to 35 days later
822	if the local government has requested additional information on
823	land use and zoning consistency as part of the local
824	government's statement on completeness of the application
825	submitted pursuant to s. 403.5066(1)(a). Incompleteness of
826	information necessary for a local government to evaluate an
827	application may be claimed by the local government as cause for
828	a statement of inconsistency with existing land use plans and
829	zoning ordinances. Notice of the consistency determination shall
830	be published in accordance with the requirements of s. 403.5115.
831	(3)  If the local government issues a determination that
832	the proposed electrical power plant is not consistent or in
833	compliance with local land use plans and zoning ordinances, the
834	applicant may apply to the local government for the necessary
835	local approval to address the inconsistencies in the local
836	government's determination. If the applicant makes such an
837	application to the local government, the time schedules under
838	this act shall be tolled until the local government issues its
839	revised determination on land use and zoning or the applicant
840	otherwise withdraws its application to the local government. If
841	the applicant applies to the local government for necessary
842	local land use or zoning approval, the local government shall
843	issue a revised determination within 30 days following the
844	conclusion of any that local proceeding held by the local
845	government to consider the application for land use or zoning
846	approval, and the time schedules and notice requirements under
847	this act shall apply to such revised determination.
848	(4)  If any substantially affected person wishes to dispute
849	the local government's determination, he or she shall file a
850	petition with the designated administrative law judge department
851	within 21 days after the publication of notice of the local
852	government's determination. If a hearing is requested, the
853	provisions of s. 403.508(1) shall apply.
854	Section 19.  Paragraph (a) of subsection (1) and paragraph
855	(a) of subsection (2) of section 403.508, Florida Statutes, are
856	amended to read:
857	403.508  Land use and certification hearings, parties,
858	participants.--
859	(1)(a)  Within 5 days after the filing of If a petition for
860	a hearing on land use has been filed pursuant to s. 403.50665,
861	the designated administrative law judge shall schedule conduct a
862	land use hearing to be conducted in the county of the proposed
863	site or directly associated facility, as applicable, as
864	expeditiously as possible, but not later than 30 days after the
865	department's receipt of the petition. The place of such hearing
866	shall be as close as possible to the proposed site or directly
867	associated facility. If a petition is filed, the hearing shall
868	be held regardless of the status of the completeness of the
869	application. However, incompleteness of information necessary
870	for a local government to evaluate an application may be claimed
871	by the local government as cause for a statement of
872	inconsistency with existing land use plans and zoning ordinances
873	under s. 403.50665.
874	(2)(a)  A certification hearing shall be held by the
875	designated administrative law judge no later than 265 days after
876	the application is filed with the department. The certification
877	hearing shall be held at a location in proximity to the proposed
878	site. At the conclusion of the certification hearing, the
879	designated administrative law judge shall, after consideration
880	of all evidence of record, submit to the board a recommended
881	order no later than 45 days after the filing of the hearing
882	transcript.
883	Section 20.  Subsection (5) of section 403.509, Florida
884	Statutes, is amended to read:
885	403.509  Final disposition of application.--
886	(5)  For certifications issued by the board in regard to
887	the properties and works of any agency which is a party to the
888	certification hearing, the board shall have the authority to
889	decide issues relating to the use, the connection thereto, or
890	the crossing thereof, for the electrical power plant and
891	directly associated facilities and to direct any such agency to
892	execute, within 30 days after the entry of certification, the
893	necessary license or easement for such use, connection, or
894	crossing, subject only to the conditions set forth in such
895	certification. For certifications issued by the department in
896	regard to the properties and works of any agency which is a
897	party to the proceeding, any stipulation filed pursuant to s.
898	403.508(6)(a) must include a stipulation regarding any issues
899	relating to the use, the connection thereto, or the crossing
900	thereof, for the electrical power plant and directly associated
901	facilities. Any agency stipulating to the use, connection to, or
902	crossing of its property must agree to execute, within 30 days
903	after the entry of certification, the necessary license or
904	easement for such use, connection, or crossing, subject only to
905	the conditions set forth in such certification.
906	Section 21.  Section 403.5113, Florida Statutes, is amended
907	to read:
908	403.5113  Postcertification amendments and review.--
909	(1)  POSTCERTIFICATION AMENDMENTS.--
910	(a)  If, subsequent to certification by the board, a
911	licensee proposes any material change to the application and
912	revisions or amendments thereto, as certified, the licensee
913	shall submit a written request for amendment and a description
914	of the proposed change to the application to the department.
915	Within 30 days after the receipt of the request for the
916	amendment, the department shall determine whether the proposed
917	change to the application requires a modification of the
918	conditions of certification.
919	(b)(2)  If the department concludes that the change would
920	not require a modification of the conditions of certification,
921	the department shall provide written notification of the
922	determination on approval of the proposed amendment to the
923	licensee, all agencies, and all other parties.
924	(c)(3)  If the department concludes that the change would
925	require a modification of the conditions of certification, the
926	department shall provide written notification to the licensee
927	that the proposed change to the application requires a request
928	for modification pursuant to s. 403.516.
929	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
930	submittals filed by the licensee with one or more agencies are
931	for the purpose of monitoring for compliance with the issued
932	certification and must be reviewed by the agencies on an
933	expedited and priority basis because each facility certified
934	under this act is a critical infrastructure facility. In no
935	event shall a postcertification review be completed in more than
936	90 days after complete information is submitted to the reviewing
937	agencies.
938	Section 22.  Section 403.5115, Florida Statutes, is amended
939	to read:
940	403.5115  Public notice.--
941	(1)  The following notices are to be published by the
942	applicant for all applications:
943	(a)  Notice of the filing of a notice of intent under s.
944	403.5063, which shall be published within 21 days after the
945	filing of the notice. The notice shall be published as specified
946	by subsection (2), except that the newspaper notice shall be
947	one-fourth page in size in a standard size newspaper or one-half
948	page in size in a tabloid size newspaper.
949	(b)  Notice of filing of the application, which shall
950	include a description of the proceedings required by this act,
951	within 21 days after the date of the application filing. Such
952	notice shall give notice of the provisions of s. 403.511(1) and
953	(2).
954	(c)  If applicable, notice of the land use determination
955	made pursuant to s. 403.50665(1) within 21 days after the
956	determination is filed.
957	(d)  If applicable, notice of the land use hearing, which
958	shall be published as specified in subsection (2), no later than
959	15 days before the hearing.
960	(e)  Notice of the certification hearing and notice of the
961	deadline for filing notice of intent to be a party, which shall
962	be published as specified in subsection (2), at least 65 days
963	before the date set for the certification hearing.
964	(f)  Notice of the cancellation of the certification
965	hearing, if applicable, no later than 3 days before the date of
966	the originally scheduled certification hearing.
967	(g)  Notice of modification when required by the
968	department, based on whether the requested modification of
969	certification will significantly increase impacts to the
970	environment or the public. Such notice shall be published as
971	specified under subsection (2):
972	1.  Within 21 days after receipt of a request for
973	modification. The newspaper notice shall be of a size as
974	directed by the department commensurate with the scope of the
975	modification.
976	2.  If a hearing is to be conducted in response to the
977	request for modification, then notice shall be published no
978	later than 30 days before the hearing.
979	(h)  Notice of a supplemental application, which shall be
980	published as specified in paragraph (b) and subsection (2).
981	(i)  Notice of existing site certification pursuant to s.
982	403.5175. Notices shall be published as specified in paragraph
983	(b) and subsection (2).
984	(2)  Notices provided by the applicant shall be published
985	in newspapers of general circulation within the county or
986	counties in which the proposed electrical power plant will be
987	located. The newspaper notices shall be at least one-half page
988	in size in a standard size newspaper or a full page in a tabloid
989	size newspaper. These notices shall include a map generally
990	depicting the project and all associated facilities corridors. A
991	newspaper of general circulation shall be the newspaper which
992	has the largest daily circulation in that county and has its
993	principal office in that county. If the newspaper with the
994	largest daily circulation has its principal office outside the
995	county, the notices shall appear in both the newspaper having
996	the largest circulation in that county and in a newspaper
997	authorized to publish legal notices in that county.
998	(3)  All notices published by the applicant shall be paid
999	for by the applicant and shall be in addition to the application
1000	fee.
1001	(4)  The department shall arrange for publication of the
1002	following notices in the manner specified by chapter 120 and
1003	provide copies of those notices to any persons who have
1004	requested to be placed on the departmental mailing list for this
1005	purpose for each case for which an application has been received
1006	by the department:
1007	(a)  Notice of the filing of the notice of intent within 15
1008	days after receipt of the notice.
1009	(b)  Notice of the filing of the application, no later than
1010	21 days after the application filing.
1011	(c)  Notice of the land use determination made pursuant to
1012	s. 403.50665(1) within 21 days after the determination is filed.
1013	(d)  Notice of the land use hearing before the
1014	administrative law judge, if applicable, no later than 15 days
1015	before the hearing.
1016	(e)  Notice of the land use hearing before the board, if
1017	applicable.
1018	(f)  Notice of the certification hearing at least 45 days
1019	before the date set for the certification hearing.
1020	(g)  Notice of the cancellation of the certification
1021	hearing, if applicable, no later than 3 days prior to the date
1022	of the originally scheduled certification hearing.
1023	(h)  Notice of the hearing before the board, if applicable.
1024	(i)  Notice of stipulations, proposed agency action, or
1025	petitions for modification.
1026	(5)  A local government or regional planning council that
1027	proposes to conduct an informational public meeting pursuant to
1028	s. 403.50663 must publish notice of the meeting in a newspaper
1029	of general circulation within the county or counties in which
1030	the proposed electrical power plant will be located no later
1031	than 7 days prior to the meeting. A newspaper of general
1032	circulation shall be the newspaper which has the largest daily
1033	circulation in that county and has its principal office in that
1034	county. If the newspaper with the largest daily circulation has
1035	its principal office outside the county, the notices shall
1036	appear in both the newspaper having the largest circulation in
1037	that county and in a newspaper authorized to publish legal
1038	notices in that county.
1039	Section 23.  Subsection (1) of section 403.5252, Florida
1040	Statutes, is amended to read:
1041	403.5252  Determination of completeness.--
1042	(1)(a)  Within 30 days after the filing distribution of an
1043	application, the affected agencies shall file a statement with
1044	the department containing the recommendations of each agency
1045	concerning the completeness of the application for
1046	certification.
1047	(b)  Within 37 7 days after the filing receipt of the
1048	application completeness statements of each agency, the
1049	department shall file a statement with the Division of
1050	Administrative Hearings, with the applicant, and with all
1051	parties declaring its position with regard to the completeness
1052	of the application. The statement of the department shall be
1053	based upon its consultation with the affected agencies.
1054	Section 24.  Paragraph (a) of subsection (6) of section
1055	403.527, Florida Statutes, is amended to read:
1056	403.527  Certification hearing, parties, participants.--
1057	(6)(a)  No later than 29 25 days before the certification
1058	hearing, the department or the applicant may request that the
1059	administrative law judge cancel the certification hearing and
1060	relinquish jurisdiction to the department if all parties to the
1061	proceeding stipulate that there are no disputed issues of
1062	material fact or law to be raised at the certification hearing.
1063	Section 25.  Paragraph (e) of subsection (1) of section
1064	403.5271, Florida Statutes, is amended to read:
1065	403.5271  Alternate corridors.--
1066	(1)  No later than 45 days before the originally scheduled
1067	certification hearing, any party may propose alternate
1068	transmission line corridor routes for consideration under the
1069	provisions of this act.
1070	(e)1.  Reviewing agencies shall advise the department of
1071	any issues concerning completeness no later than 15 days after
1072	the submittal of the data required by paragraph (d). Within 22
1073	days after receipt of the data, the department shall issue a
1074	determination of completeness.
1075	2.  If the department determines that the data required by
1076	paragraph (d) is not complete, the party proposing the alternate
1077	corridor must file such additional data to correct the
1078	incompleteness. This additional data must be submitted within 14
1079	days after the determination by the department.
1080	3.  Reviewing agencies may advise the department of any
1081	issues concerning completeness of the additional data within 10
1082	days after the filing by the party proposing the alternate
1083	corridor. If the department, within 14 days after receiving the
1084	additional data, determines that the data remains incomplete,
1085	the incompleteness of the data is deemed a withdrawal of the
1086	proposed alternate corridor. The department may make its
1087	determination based on recommendations made by other affected
1088	agencies.
1089	Section 26.  Subsection (3) of section 403.5272, Florida
1090	Statutes, is amended to read:
1091	403.5272  Informational public meetings.--
1092	(3)  A local government or regional planning council that
1093	intends to conduct an informational public meeting must provide
1094	notice of the meeting, with notice sent to all parties listed in
1095	s. 403.527(2)(a), not less than 15 5 days before the meeting, to
1096	the general public, in accordance with the provisions of s.
1097	403.5363(4).
1098	Section 27.  Paragraph (b) of subsection (1) of section
1099	403.5317, Florida Statutes, is amended to read:
1100	403.5317  Postcertification activities.--
1101	(1)
1102	(b)  If the department concludes that the change would not
1103	require a modification of the conditions of certification, the
1104	department shall notify, in writing, the licensee, all agencies,
1105	and all parties of the determination on approval of the
1106	amendment.
1107	Section 28.  Paragraph (c) of subsection (3) of section
1108	403.5363, Florida Statutes, is amended, and subsection (4) is
1109	added to that section, to read:
1110	403.5363  Public notices; requirements.--
1111	(3)  The department shall arrange for the publication of
1112	the following notices in the manner specified by chapter 120:
1113	(c)  The notice of the cancellation of a certification
1114	hearing, if applicable. The notice must be published not later
1115	than 3 7 days before the date of the originally scheduled
1116	certification hearing.
1117	(4)  A local government or regional planning council that
1118	proposes to conduct an informational public meeting pursuant to
1119	s. 403.5272 must publish notice of the meeting in a newspaper of
1120	general circulation within the county or counties in which the
1121	proposed electrical transmission line will be located no later
1122	than 7 days prior to the meeting. A newspaper of general
1123	circulation shall be the newspaper which has the largest daily
1124	circulation in that county and has its principal office in that
1125	county. If the newspaper with the largest daily circulation has
1126	its principal office outside the county, the notices shall
1127	appear in both the newspaper having the largest circulation in
1128	that county and in a newspaper authorized to publish legal
1129	notices in that county.
1130	Section 29.  Section 489.145, Florida Statutes, is amended
1131	to read:
1132	489.145  Guaranteed energy performance savings
1133	contracting.--
1134	(1)  SHORT TITLE.--This section may be cited as the
1135	"Guaranteed Energy Performance Savings Contracting Act."
1136	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
1137	investment in energy conservation measures in agency facilities
1138	can reduce the amount of energy consumed and produce immediate
1139	and long-term savings. It is the policy of this state to
1140	encourage agencies to invest in energy conservation measures
1141	that reduce energy consumption, produce a cost savings for the
1142	agency, and improve the quality of indoor air in public
1143	facilities and to operate, maintain, and, when economically
1144	feasible, build or renovate existing agency facilities in such a
1145	manner as to minimize energy consumption and maximize energy
1146	savings. It is further the policy of this state to encourage
1147	agencies to reinvest any energy savings resulting from energy
1148	conservation measures in additional energy conservation efforts.
1149	(3)  DEFINITIONS.--As used in this section, the term:
1150	(a)  "Agency" means the state, a municipality, or a
1151	political subdivision.
1152	(b)  "Energy conservation measure" means a training
1153	program, facility alteration, or an equipment purchase to be
1154	used in new construction, including an addition to an existing
1155	facility, which reduces energy or energy-related operating costs
1156	and includes, but is not limited to:
1157	1.  Insulation of the facility structure and systems within
1158	the facility.
1159	2.  Storm windows and doors, caulking or weatherstripping,
1160	multiglazed windows and doors, heat-absorbing, or heat-
1161	reflective, glazed and coated window and door systems,
1162	additional glazing, reductions in glass area, and other window
1163	and door system modifications that reduce energy consumption.
1164	3.  Automatic energy control systems.
1165	4.  Heating, ventilating, or air-conditioning system
1166	modifications or replacements.
1167	5.  Replacement or modifications of lighting fixtures to
1168	increase the energy efficiency of the lighting system, which, at
1169	a minimum, must conform to the applicable state or local
1170	building code.
1171	6.  Energy recovery systems.
1172	7.  Cogeneration systems that produce steam or forms of
1173	energy such as heat, as well as electricity, for use primarily
1174	within a facility or complex of facilities.
1175	8.  Energy conservation measures that reduce Btu, kW, or
1176	kWh consumed or provide long-term operating cost reductions or
1177	significantly reduce Btu consumed.
1178	9.  Renewable energy systems, such as solar, biomass, or
1179	wind systems.
1180	10.  Devices that reduce water consumption or sewer
1181	charges.
1182	11.  Storage systems, such as fuel cells and thermal
1183	storage.
1184	12.  Generating technologies, such as microturbines.
1185	13.  Any other repair, replacement, or upgrade of existing
1186	equipment.
1187	(c)  "Energy cost savings" means a measured reduction in
1188	the cost of fuel, energy consumption, and stipulated operation
1189	and maintenance created from the implementation of one or more
1190	energy conservation measures when compared with an established
1191	baseline for the previous cost of fuel, energy consumption, and
1192	stipulated operation and maintenance.
1193	(d)  "Guaranteed energy performance savings contract" means
1194	a contract for the evaluation, recommendation, and
1195	implementation of energy conservation measures or energy-related
1196	operational saving measures, which, at a minimum, shall include:
1197	1.  The design and installation of equipment to implement
1198	one or more of such measures and, if applicable, operation and
1199	maintenance of such measures.
1200	2.  The amount of any actual annual savings that meet or
1201	exceed total annual contract payments made by the agency for the
1202	contract and may include allowable cost avoidance. As used in
1203	this section, allowable cost avoidance calculations include, but
1204	are not limited to, avoided provable budgeted costs contained in
1205	a capital replacement plan and current undepreciated value of
1206	replaced equipment subtracted from the replacement cost of the
1207	new equipment.
1208	3.  The finance charges incurred by the agency over the
1209	life of the contract.
1210	(e)  "Guaranteed energy performance savings contractor"
1211	means a person or business that is licensed under chapter 471,
1212	chapter 481, or this chapter, and is experienced in the
1213	analysis, design, implementation, or installation of energy
1214	conservation measures through energy performance contracts.
1215	(4)  PROCEDURES.--
1216	(a)  An agency may enter into a guaranteed energy
1217	performance savings contract with a guaranteed energy
1218	performance savings contractor to significantly reduce energy
1219	consumption or energy-related operating costs of an agency
1220	facility through one or more energy conservation measures.
1221	(b)  Before design and installation of energy conservation
1222	measures, the agency must obtain from a guaranteed energy
1223	performance savings contractor a report that summarizes the
1224	costs associated with the energy conservation measures or
1225	energy-related operational cost saving measures and provides an
1226	estimate of the amount of the energy cost savings. The agency
1227	and the guaranteed energy performance savings contractor may
1228	enter into a separate agreement to pay for costs associated with
1229	the preparation and delivery of the report; however, payment to
1230	the contractor shall be contingent upon the report's projection
1231	of energy or operational cost savings being equal to or greater
1232	than the total projected costs of the design and installation of
1233	the report's energy conservation measures.
1234	(c)  The agency may enter into a guaranteed energy
1235	performance savings contract with a guaranteed energy
1236	performance savings contractor if the agency finds that the
1237	amount the agency would spend on the energy conservation or
1238	energy-related cost saving measures will not likely exceed the
1239	amount of the energy or energy-related cost savings for up to 20
1240	years from the date of installation, based on the life cycle
1241	cost calculations provided in s. 255.255, if the recommendations
1242	in the report were followed and if the qualified provider or
1243	providers give a written guarantee that the energy or energy-
1244	related cost savings will meet or exceed the costs of the
1245	system. The contract may provide for installment payments for a
1246	period not to exceed 20 years.
1247	(d)  A guaranteed energy performance savings contractor
1248	must be selected in compliance with s. 287.055; except that if
1249	fewer than three firms are qualified to perform the required
1250	services, the requirement for agency selection of three firms,
1251	as provided in s. 287.055(4)(b), and the bid requirements of s.
1252	287.057 do not apply.
1253	(e)  Before entering into a guaranteed energy performance
1254	savings contract, an agency must provide published notice of the
1255	meeting in which it proposes to award the contract, the names of
1256	the parties to the proposed contract, and the contract's
1257	purpose.
1258	(f)  A guaranteed energy performance savings contract may
1259	provide for financing, including tax exempt financing, by a
1260	third party. The contract for third party financing may be
1261	separate from the energy performance contract. A separate
1262	contract for third party financing pursuant to this paragraph
1263	must include a provision that the third party financier must not
1264	be granted rights or privileges that exceed the rights and
1265	privileges available to the guaranteed energy performance
1266	savings contractor.
1267	(g)  Financing for guaranteed energy performance savings
1268	contracts may be provided under the authority of s. 287.064.
1269	(h)  The Office of the Chief Financial Officer shall review
1270	proposals to ensure that the most effective financing is being
1271	used.
1272	(i)(g)  In determining the amount the agency will finance
1273	to acquire the energy conservation measures, the agency may
1274	reduce such amount by the application of any grant moneys,
1275	rebates, or capital funding available to the agency for the
1276	purpose of buying down the cost of the guaranteed energy
1277	performance savings contract. However, in calculating the life
1278	cycle cost as required in paragraph (c), the agency shall not
1279	apply any grants, rebates, or capital funding.
1280	(5)  CONTRACT PROVISIONS.--
1281	(a)  A guaranteed energy performance savings contract must
1282	include a written guarantee that may include, but is not limited
1283	to the form of, a letter of credit, insurance policy, or
1284	corporate guarantee by the guaranteed energy performance savings
1285	contractor that annual energy cost savings will meet or exceed
1286	the amortized cost of energy conservation measures.
1287	(b)  The guaranteed energy performance savings contract
1288	must provide that all payments, except obligations on
1289	termination of the contract before its expiration, may be made
1290	over time, but not to exceed 20 years from the date of complete
1291	installation and acceptance by the agency, and that the annual
1292	savings are guaranteed to the extent necessary to make annual
1293	payments to satisfy the guaranteed energy performance savings
1294	contract.
1295	(c)  The guaranteed energy performance savings contract
1296	must require that the guaranteed energy performance savings
1297	contractor to whom the contract is awarded provide a 100-percent
1298	public construction bond to the agency for its faithful
1299	performance, as required by s. 255.05.
1300	(d)  The guaranteed energy performance savings contract may
1301	contain a provision allocating to the parties to the contract
1302	any annual energy cost savings that exceed the amount of the
1303	energy cost savings guaranteed in the contract.
1304	(e)  The guaranteed energy performance savings contract
1305	shall require the guaranteed energy performance savings
1306	contractor to provide to the agency an annual reconciliation of
1307	the guaranteed energy or energy-related cost savings. If the
1308	reconciliation reveals a shortfall in annual energy or energy-
1309	related cost savings, the guaranteed energy performance savings
1310	contractor is liable for such shortfall. If the reconciliation
1311	reveals an excess in annual energy cost savings, the excess
1312	savings may be allocated under paragraph (d) but may not be used
1313	to cover potential energy cost savings shortages in subsequent
1314	contract years.
1315	(f)  The guaranteed energy performance savings contract
1316	must provide for payments of not less than one-twentieth of the
1317	price to be paid within 2 years from the date of the complete
1318	installation and acceptance by the agency using straight-line
1319	amortization for the term of the loan, and the remaining costs
1320	to be paid at least quarterly, not to exceed a 20-year term,
1321	based on life cycle cost calculations.
1322	(g)  The guaranteed energy performance savings contract may
1323	extend beyond the fiscal year in which it becomes effective;
1324	however, the term of any contract expires at the end of each
1325	fiscal year and may be automatically renewed annually for up to
1326	20 years, subject to the agency making sufficient annual
1327	appropriations based upon continued realized energy savings.
1328	(h)  The guaranteed energy performance savings contract
1329	must stipulate that it does not constitute a debt, liability, or
1330	obligation of the state.
1331	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1332	Department of Management Services, with the assistance of the
1333	Office of the Chief Financial Officer, shall may, within
1334	available resources, provide technical content assistance to
1335	state agencies contracting for energy conservation measures and
1336	engage in other activities considered appropriate by the
1337	department for promoting and facilitating guaranteed energy
1338	performance contracting by state agencies. The Office of the
1339	Chief Financial Officer, with the assistance of the Department
1340	of Management Services, shall may, within available resources,
1341	develop model contractual and related documents for use by state
1342	agencies. Prior to entering into a guaranteed energy performance
1343	savings contract, any contract or lease for third-party
1344	financing, or any combination of such contracts, a state agency
1345	shall submit such proposed contract or lease to the Office of
1346	the Chief Financial Officer for review and approval. A proposed
1347	contract or lease shall include:
1348	(a)  Supporting information required by s. 216.023(4)(a)9.
1349	(b)  Documentation supporting recurring funds requirements
1350	in ss. 287.063(5) and 287.064(11).
1351	(c)  Approval by the agency head or his or her designee.
1352	(7)  FUNDING SUPPORT.--For purposes of consolidated
1353	financing of deferred payment commodity contracts under this
1354	section by a state agency, any such contract must be supported
1355	from available recurring funds appropriated to the agency in an
1356	appropriation category, other than the expense appropriation
1357	category as defined in chapter 216, that the Chief Financial
1358	Officer has determined is appropriate or that the Legislature
1359	has designated for payment of the obligation incurred under this
1360	section.
1361	Section 30.  Section 570.956, Florida Statutes, is created
1362	to read:
1363	570.956  Farm-to-Fuel Advisory Council.--
1364	(1)  The Farm-to-Fuel Advisory Council is created within
1365	the department to provide advice and counsel to the commissioner
1366	concerning the production of renewable energy in this state. The
1367	advisory council shall consist of 15 members, 14 of whom shall
1368	be appointed by the commissioner and one of whom shall be
1369	appointed the Governor for 4-year terms or until a successor is
1370	duly qualified and appointed. Members shall include:
1371	(a)  One citizen-at-large member who shall represent the
1372	views of the public toward renewable energy.
1373	(b)  Six members each of whom is a producer or grower
1374	actively engaged in the agricultural area of one of the
1375	following industries:
1376	1.  Sugarcane.
1377	2.  Citrus.
1378	3.  Field crops.
1379	4.  Dairy.
1380	5.  Livestock or poultry.
1381	6.  Forestry.
1382	(c)  One member who represents the petroleum industry or
1383	who is actively engaged in the trade of petroleum products.
1384	(d)  One member who represents public utilities or the
1385	electric power industry.
1386	(e)  Two members who represent colleges and universities in
1387	this state and who are engaged in research involving alternative
1388	fuels or renewable energy.
1389	(f)  One member who represents the environmental community
1390	or an environmental organization.
1391	(g)  One member who represents the ethanol industry or who
1392	has expertise in the production of ethanol.
1393	(h)  One member who represents the biodiesel industry or
1394	who has expertise in the production of biodiesel.
1395	(i)  One member appointed by the Governor.
1396	(2)  The council is an advisory committee the operation of
1397	which is governed by s. 570.0705.
1398	Section 31.  Section 570.957, Florida Statutes, is created
1399	to read:
1400	570.957  Farm-to-Fuel Grants Program.--
1401	(1)  As used in this section, the term:
1402	(a)  "Bioenergy" means useful, renewable energy produced
1403	from organic matter through the conversion of the complex
1404	carbohydrates in organic matter to energy. Organic matter may
1405	either be used directly as a fuel, processed into liquids and
1406	gases, or be a residue of processing and conversion.
1407	(b)  "Department" means the Department of Agriculture and
1408	Consumer Services.
1409	(c)  "Person" means an individual, partnership, joint
1410	venture, private or public corporation, association, firm,
1411	public service company, or any other public or private entity.
1412	(d)  "Renewable energy" means electrical, mechanical, or
1413	thermal energy produced from a method that uses one or more of
1414	the following fuels or energy sources: hydrogen, biomass, solar
1415	energy, geothermal energy, wind energy, ocean energy, waste
1416	heat, or hydroelectric power.
1417	(2)  The Farm-to-Fuel Grants Program is established within
1418	the Department of Agriculture and Consumer Services to provide
1419	renewable energy matching grants for demonstration,
1420	commercialization, research, and development projects relating
1421	to bioenergy projects.
1422	(a)  Matching grants for bioenergy demonstration,
1423	commercialization, research, and development projects may be
1424	made to any of the following:
1425	1.  Municipalities and county governments.
1426	2.  Established for-profit companies licensed to do
1427	business in the state.
1428	3.  Universities and colleges in the state.
1429	4.  Utilities located and operating within the state.
1430	5.  Not-for-profit organizations.
1431	6.  Other qualified persons, as determined by the
1432	Department of Agriculture and Consumer Services.
1433	(b)  The Department of Agriculture and Consumer Services
1434	may adopt rules to provide for allocation of grant funds by
1435	project type, application requirements, ranking of applications,
1436	and awarding of grants under this program.
1437	(c)  Factors for consideration in awarding grants may
1438	include, but are not limited to, the degree to which:
1439	1.  The project produces bioenergy from Florida-grown crops
1440	or biomass.
1441	2.  The project demonstrates efficient use of energy and
1442	material resources.
1443	3.  Matching funds and in-kind contributions from an
1444	applicant are available.
1445	4.  The project has a reasonable assurance of enhancing the
1446	value of agricultural products or will expand agribusiness in
1447	the state.
1448	5.  Preliminary market and feasibility research has been
1449	conducted by the applicant or others and shows there is a
1450	reasonable assurance of a potential market.
1451	6.  The project stimulates in-state capital investment and
1452	economic development in metropolitan and rural areas, including
1453	the creation of jobs and the future development of a commercial
1454	market for bioenergy.
1455	(d)  In evaluating and awarding grants under this section,
1456	the Department of Agriculture and Consumer Services shall
1457	consult with and solicit input from the Department of
1458	Environmental Protection.
1459	(e)  In determining the technical feasibility of grant
1460	applications, the Department of Agriculture and Consumer
1461	Services shall coordinate and actively consult with persons
1462	having expertise in renewable energy technologies.
1463	(f)  In determining the economic feasibility of bioenergy
1464	grant applications, the Department of Agriculture and Consumer
1465	Services shall consult with the Office of Tourism, Trade, and
1466	Economic Development.
1467	Section 32.  Section 570.958, Florida Statutes, is created
1468	to read:
1469	570.958  Biofuel Retail Sales Incentive Program.--
1470	(1)  The purpose of this section is to encourage the retail
1471	sale of biofuels in this state and replace petroleum consumption
1472	in the state by the following percentages over the specified
1473	periods:
1474	(a)  Three percent from January 1, 2008, through December
1475	31, 2008.
1476	(b)  Five percent from January 1, 2009, through December
1477	31, 2009.
1478	(c)  Seven percent from January 1, 2010, through December
1479	31, 2010.
1480	(d)  Ten percent from January 1, 2011, through December 31,
1481	2011.
1482	(2)  As used in this section:
1483	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1484	fatty acids derived from plant or animal matter for use as a
1485	source of energy and meeting the specifications for biodiesel
1486	and biodiesel blended with petroleum products as adopted by the
1487	department.
1488	(b)  "Biodiesel blended fuel" means a fuel mixture
1489	containing 10 percent or more biodiesel with the balance
1490	comprised of diesel fuel and meeting the specifications for
1491	biodiesel blends as adopted by the department.
1492	(c)  "Biofuel" means E85 fuel ethanol, E10 motor fuel,
1493	biodiesel, and biodiesel blended fuel.
1494	(d)  "E85 fuel ethanol" means ethanol blended with gasoline
1495	and formulated with a nominal percentage of 85 percent ethanol
1496	by volume and meeting the applicable fuel quality specifications
1497	as adopted by the department.
1498	(e)  "E10 motor fuel" means a motor fuel blend consisting
1499	of nominal percentages of 90 percent gasoline by volume and 10
1500	percent ethanol by volume and meeting the fuel quality
1501	specifications for gasoline as adopted by the department.
1502	(f)  "Ethanol or fuel ethanol" means an anhydrous denatured
1503	alcohol produced by the conversion of carbohydrates and meeting
1504	the specifications for fuel ethanol as adopted by the
1505	department.
1506	(g)  "Fuel dispenser" means a pump, meter, or similar
1507	device used to measure and deliver motor fuel or diesel fuel on
1508	a retail basis.
1509	(h)  "Retail dealer" means any person who is engaged in the
1510	business of selling fuel at retail at posted retail prices.
1511	(i)  "Retail motor fuel site" means a geographic location
1512	in this state where a retail dealer sells or offers for sale
1513	motor fuel, diesel fuel, or biofuel to the general public.
1514	(3)(a)  Subject to specific appropriation, a retail dealer
1515	who sells biofuel through fuel dispensers at retail motor fuel
1516	sites is entitled to an incentive payment which shall be
1517	computed as follows:
1518	1.  An incentive of 1 cent for each gallon of E10 motor
1519	fuel sold through a fuel dispenser.
1520	2.  An incentive of 3 cents for each gallon of E85 fuel
1521	ethanol sold through a fuel dispenser.
1522	3.  An incentive of 1 cent for each gallon of biodiesel
1523	blended fuel sold through a fuel dispenser.
1524	4.  An incentive of 3 cents for each gallon of biodiesel
1525	sold through a fuel dispenser.
1526	(b)  The incentive may be claimed for biofuel sold on or
1527	after January 1, 2008. Beginning in 2009, each applicant
1528	claiming an incentive under this section must first apply to the
1529	department by February 1 of each year for an allocation of the
1530	available incentive for the preceding calendar year. The
1531	department shall develop an application form. The application
1532	form shall, at a minimum, require a sworn affidavit from each
1533	retail dealer certifying the following information:
1534	1.  The name and principal address of the retail dealer.
1535	2.  The address of the retail dealer's retail motor fuel
1536	sites from which it sold biofuels during the preceding calendar
1537	year.
1538	3.  The total gallons of E10 ethanol sold through fuel
1539	dispensers.
1540	4.  The total gallons of E85 ethanol sold through fuel
1541	dispensers.
1542	5.  The total gallons of biodiesel blended fuel sold
1543	through fuel dispensers.
1544	6.  The total gallons of biodiesel sold through fuel
1545	dispensers.
1546	7.  Any other information deemed necessary by the
1547	department to adequately ensure that the incentive allowed under
1548	this section shall be made only to qualified Florida retail
1549	dealers.
1550	(c)  The department shall determine the amount of the
1551	incentive allowed under this section.
1552	(4)  If the amount of incentives applied for each year
1553	exceeds the amount appropriated, the department shall pay to
1554	each applicant a prorated amount based on each applicant's
1555	gallonage of qualified biofuel sold and dispensed that is
1556	eligible for the incentive under this section.
1557	(5)  The department may adopt rules pursuant to ss.
1558	120.536(1) and 120.54 to implement and administer this section,
1559	including rules prescribing forms, the documentation needed to
1560	substantiate a claim for the incentive, and the specific
1561	procedures and guidelines for claiming the incentive.
1562	Section 33.  Section 570.959, Florida Statutes, is created
1563	to read:
1564	570.959  Florida Biofuel Production Incentive Program.--
1565	(1)  The purpose of this section is to encourage the
1566	development and expansion of facilities that produce biofuels in
1567	this state from crops, agricultural waste and residues, and
1568	other biomass produced in Florida by providing economic
1569	incentives to do so.
1570	(2)  As used in this section, the term:
1571	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1572	fatty acids derived from plant or animal matter for use as a
1573	source of energy and meeting the specifications for biodiesel
1574	and biodiesel blended with petroleum products as adopted by the
1575	department.
1576	(b)  "Biofuel" means ethanol or biodiesel.
1577	(c)  "Ethanol" or "fuel ethanol" means an anhydrous
1578	denatured alcohol produced by the conversion of carbohydrates
1579	and meeting the specifications for fuel ethanol adopted by the
1580	department.
1581	(d)  "Florida biofuel production" means production of
1582	biofuel in the state from crops, agricultural waste and
1583	residues, and other biomass produced in Florida.
1584	(3)  In order to be eligible for the incentive provided in
1585	this section, a producer must have registered and have met the
1586	requirements contained in chapter 206.
1587	(4)  An incentive, subject to appropriation, shall be paid
1588	to a producer based on Florida biofuel production as follows:
1589	(a)  The incentive shall be 5 cents for each gallon of
1590	unblended Florida biofuel produced, exclusive of denaturant,
1591	during a given calendar year and sold to an unrelated blender of
1592	biofuel.
1593	(b)  The incentive may be earned for production on or after
1594	January 1, 2008. Beginning in 2009, each producer claiming an
1595	incentive under this section must first apply to the department
1596	by February 1 of each year for an allocation of available
1597	incentives. The department shall develop an application form
1598	that shall, at a minimum, require a sworn affidavit from each
1599	producer certifying the production that forms the basis of the
1600	application and certifying that all information contained in the
1601	application is true and correct.
1602	(c)  The department shall determine whether or not such
1603	production is eligible for the incentive under this section.
1604	(d)  If the amount of incentives applied for each year
1605	exceeds the amount appropriated, the department shall pay to
1606	each applicant a prorated amount based on the percentage of
1607	biofuel produced that is eligible for the incentive under this
1608	section.
1609	(5)  The department may adopt rules pursuant to ss.
1610	120.536(1) and 120.54 to implement and administer this section,
1611	including rules prescribing forms, the documentation needed to
1612	substantiate a claim for the incentive, and the specific
1613	procedures and guidelines for claiming the incentive.
1614	Section 34.  (1)  The Florida Building Commission shall
1615	convene a workgroup comprised of representatives from the
1616	Florida Energy Commission, the Department of Community Affairs,
1617	the Building Officials Association of Florida, the Florida
1618	Energy Office, the Florida Home Builders Association, the
1619	Association of Counties, the League of Cities, and other
1620	stakeholders to develop a model residential energy efficiency
1621	ordinance that provides incentives to meet energy efficiency
1622	standards. The commission must report back to the Legislature
1623	with a developed ordinance by March 1, 2008.
1624	(2)  The Florida Building Commission shall, in consultation
1625	with the Florida Energy Commission, the Building Officials
1626	Association of Florida, the Florida Energy Office, the Florida
1627	Home Builders Association, the Association of Counties, the
1628	League of Cities, and other stakeholders, review the Florida
1629	Energy Code for Building Construction. Specifically, the
1630	commission shall revisit the analysis of cost-effectiveness that
1631	serves as the basis for energy efficiency levels for residential
1632	buildings, identify cost-effective means to improve energy
1633	efficiency in commercial buildings, and compare the code to the
1634	International Energy Conservation Code and the American Society
1635	of Heating Air-Conditioning and Refrigeration Engineers
1636	Standards 90.1 and 90.2. The commission shall provide a report
1637	with a standard to the Legislature by March 1, 2008, that may be
1638	adopted for the construction of all new residential, commercial,
1639	and government buildings.
1640	(3)  The Florida Building Commission, in consultation with
1641	the Florida Solar Energy Center, the Florida Energy Commission,
1642	the Department of Environmental Protection's Energy Office, the
1643	United States Department of Energy, and the Florida Home
1644	Builders Association, shall develop and implement a public
1645	awareness campaign that promotes energy efficiency and the
1646	benefits of building green by January 1, 2008. The campaign
1647	shall include enhancement of an existing web site from which all
1648	citizens can obtain information pertaining to green building
1649	practices, calculate anticipated savings from use of those
1650	options, as well as learn about energy efficiency strategies
1651	that may be used in their existing home or when building a home.
1652	The campaign shall focus on the benefits of promoting energy
1653	efficiency to the purchasers of new homes, the various green
1654	building ratings available, and the promotion of various energy-
1655	efficient products through existing trade shows. The campaign
1656	shall also include strategies for utilizing print advertising,
1657	press releases, and television advertising to promote voluntary
1658	utilization of green building practices.
1659	Section 35.  (1)  The Legislature declares that there is an
1660	important state interest in promoting the construction of
1661	energy-efficient and sustainable buildings. Government
1662	leadership in promoting these standards is vital to demonstrate
1663	the state's commitment to energy conservation, saving taxpayers
1664	money, and raising public awareness of energy-rating systems.
1665	(2)  All county, municipal, and public community college
1666	buildings shall be constructed to meet the United States Green
1667	Building Council (USGBC) Leadership in Energy and Environmental
1668	Design (LEED) rating system, Green Building Initiative's Green
1669	Globes rating system, or a nationally recognized, high-
1670	performance green building rating system as approved by the
1671	Department of Management Services. This section shall apply to
1672	all county, municipal, and public community college buildings
1673	whose architectural plans are started after July 1, 2008.
1674	Section 36. The tax levied under chapter 212, Florida
1675	Statutes, may not be collected on the first $1,500 of the
1676	selling price of a new energy-efficient product during the
1677	period from 12:01 a.m., October 1, 2007, through midnight,
1678	October 14, 2007. Such period shall be designated as the
1679	"Energy-Efficient Products Sales Tax Holiday." As used in this
1680	section, the term "energy-efficient product" means a dishwasher,
1681	clothes washer, air conditioner, ceiling fan, ventilating fan,
1682	compact fluorescent light bulb, dehumidifier, programmable
1683	thermostat, or refrigerator that has been designated by the
1684	United States Environmental Protection Agency or by the United
1685	States Department of Energy as meeting or exceeding the
1686	requirements under the Energy Star Program of either agency. The
1687	Department of Revenue may adopt rules under ss. 120.536(1) and
1688	120.54, Florida Statutes, to administer this section.
1689	Section 37.  State fleet biodiesel usage.--
1690	(1)  By July 1, 2008, a minimum of 5 percent, by January 1,
1691	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1692	of 20 percent of total diesel fuel purchases for use by state-
1693	owned diesel vehicles and equipment shall be biodiesel, subject
1694	to availability.
1695	(2)  The Department of Management Services shall provide
1696	for the proper administration, implementation, and enforcement
1697	of this section.
1698	(3)  The Department of Management Services shall report to
1699	the Legislature on or before March 1, 2008, and annually
1700	thereafter, the extent of biodiesel use in the state fleet. The
1701	report shall contain the number of gallons purchased since July
1702	1, 2007, the average price of biodiesel, and a description of
1703	fleet performance.
1704	Section 38.  School district biodiesel usage.--
1705	(1)  By January 1, 2008, a minimum of 20 percent of total
1706	diesel fuel purchases for use by school districts shall be
1707	biodiesel, subject to availability.
1708	(2)  If a school district contracts with another government
1709	entity or private entity to provide transportation services for
1710	any of its pupils, the biodiesel blend fuel requirement
1711	established pursuant to subsection (1) shall be part of that
1712	contract. However, this requirement shall apply only to
1713	contracts entered into on or after July 1, 2007.
1714	Section 39.  (1) The Legislature recognizes the need for
1715	expanded collaboration between the public and private sectors
1716	and increased public-private joint ventures in the areas of
1717	energy research, alternative fuel production, space exploration,
1718	and technological advances in the energy and aerospace
1719	industries.
1720	(2)  Subject to appropriation, there is created within the
1721	Executive Office of the Governor the Florida Energy, Aerospace,
1722	and Technology (F.E.A.T.) Fund, a program to encourage a state
1723	partnership with the Federal Government and the private sector,
1724	to identify business and investment opportunities, and to target
1725	performance goals for those investments in the areas of
1726	alternative energy development and production infrastructure;
1727	biofuel, wind power, and solar energy technology development and
1728	applications; ethanol production and systems for conversion and
1729	use of ethanol fuels; cryogenics and hydrogen-based technology
1730	applications, storage, and conversion systems; hybrid engine
1731	power systems conversion technologies and production facilities;
1732	aerospace industry expansion or development opportunities;
1733	aerospace facility modifications and upgrades; build outs; new
1734	spaceport, range, and ground support infrastructure; new
1735	aerospace facilities and laboratories; new simulation,
1736	communications, and command and control systems; and other
1737	aerospace manufacturing and maintenance support infrastructure.
1738	(3)  A complete and detailed report shall be provided to
1739	the Governor, the President of the Senate, and the Speaker of
1740	the House of Representatives, setting forth all of the
1741	following:
1742	(a)  An accounting of all state funds committed and
1743	invested by the fund.
1744	(b)  A qualitative and quantitative assessment of each fund
1745	investment against the investment performance goals established
1746	for investment, as well as an assessment of overall fund
1747	performance against investment objectives established for the
1748	fund.
1749	(c)  An evaluation of all activities of the fund and
1750	recommendations for change.
1751	Section 40.  Research and demonstration cellulosic ethanol
1752	plant.--
1753	(1)  There shall be constructed a multifaceted research and
1754	demonstration cellulosic ethanol plant designed to conduct
1755	research and to demonstrate and advance the commercialization of
1756	cellulose-to-ethanol technology, including technology licensed
1757	from the University of Florida, and to facilitate further
1758	research and testing of multiple cellulosic feedstocks in the
1759	state.
1760	(2)  The University of Florida shall act as the owner and
1761	proprietor of the facility, which shall include a permanent
1762	research and development laboratory operated as a satellite
1763	facility of the Institute of Food and Agricultural Sciences at
1764	the University of Florida. This facility shall be used to
1765	convert the initially treated material to the final ethanol
1766	product.
1767	(3)  The facility shall be located near an industrial site
1768	with infrastructure already developed to avoid or reduce
1769	significant capital costs for waste treatment and roads, shall
1770	be served by a range of suppliers and transportation companies,
1771	and shall be in good proximity to gasoline and ethanol blending
1772	facilities on either coast of the state. The industrial site
1773	shall have the capacity to provide steam and electric power,
1774	waste treatment, and a steady stream of feedstocks, including,
1775	but not limited to, bagasse, woody biomass, and cane field
1776	residues, to allow a commercial scale plant to operate year
1777	around.
1778	(4)  The facility shall be located near preexisting onsite
1779	technical support staff and other resources for electrical,
1780	mechanical, and instrumentation services. In addition, the
1781	facility shall have access to preexisting onsite laboratory
1782	facilities and scientific personnel and shall include the
1783	critical aspects of connecting to existing facilities and
1784	meeting construction codes and permit requirements.
1785	(5)  There shall be a scientific and technical advisory
1786	panel to advise on the technology to be applied.
1787	(6)  Ownership of all patents, copyrights, trademarks,
1788	licenses, and rights or interests shall vest in the state. The
1789	university, pursuant to s. 1004.23, Florida Statutes, shall have
1790	full right of use and full right to retain derived revenues.
1791	(7)  The Senior Vice President for the Institute of Food
1792	and Agricultural Sciences at the University of Florida shall
1793	ensure that applicable, nonproprietary research results and
1794	technologies from the plant authorized under this initiative are
1795	adapted, made available, and disseminated through its respective
1796	services, as appropriate.
1797	(8)  Within 2 years after enactment of this act, the Senior
1798	Vice President for the Institute of Food and Agricultural
1799	Sciences at the University of Florida shall submit to the
1800	President of the Senate and the Speaker of the House of
1801	Representatives a report on the activities conducted under this
1802	section.
1803	Section 41.  (1)  The Florida Energy Commission shall
1804	conduct a study in conjunction with the Florida Public Service
1805	Commission and the Department of Agriculture and Consumer
1806	Services to recommend an appropriate renewable portfolio
1807	standard for the state.
1808	(2)  The study shall include current and future
1809	availability of renewable fuels, incentives to attract large
1810	scale renewable energy development, proposed changes to current
1811	regulatory and market practices to encourage renewable energy
1812	development, the impact on utility costs and rates,
1813	environmental benefits of a renewable portfolio standard, and
1814	economic development associated with renewable energy in the
1815	state.
1816	(3)  The Florida Energy Commission shall hold public
1817	hearings on these and other related issues and submit a report
1818	containing specific recommendations to the President of the
1819	Senate and the Speaker of the House of Representatives by
1820	January 1, 2008.
1821	Section 42.  The Florida Public Service Commission shall
1822	submit to the President of the Senate and the Speaker of the
1823	House of Representatives by February 28, 2008, a report that
1824	provides a detailed description of the methods used to evaluate
1825	the conservation goals, plans, and programs of utilities subject
1826	to the Florida Energy Efficiency and Conservation Act. The
1827	commission shall compare methods and policies employed in other
1828	states that could be implemented to ensure that utilities in
1829	this state acquire all energy efficiency resources that cost
1830	less than new electric power generation. As used in the section,
1831	the term "energy efficiency resources" means a reduction in
1832	kilowatt hours used by the existing and emerging fleet of
1833	buildings and equipment in this state that is achieved by
1834	providing incentives to producers, distributors, sellers, or
1835	consumers that promote the development of and investment in
1836	energy-efficient technologies.
1837	Section 43.  For the 2007-2008 fiscal year, the sum of
1838	$65,763 in nonrecurring funds is appropriated from the General
1839	Revenue Fund to the Department of Revenue for the purpose of
1840	administering the Energy-Efficient Products Sales Tax Holiday.
1841	Section 44.  For the 2007-2008 fiscal year, the sum of $20
1842	million in nonrecurring funds is appropriated from the General
1843	Revenue Fund to the University of Florida, Institute of Food and
1844	Agricultural Sciences, for the purpose of establishing a
1845	research and demonstration cellulosic ethanol plant.
1846	Section 45.  For the 2007-2008 fiscal year, the sum of $10
1847	million in nonrecurring funds is appropriated from the General
1848	Revenue Fund to the Department of Environmental Protection for
1849	the purpose of funding the Renewable Energy Technologies Grants
1850	Program authorized in s. 377.804, Florida Statutes.
1851	Section 46.  For the 2007-2008 fiscal year, the sum of $2.5
1852	million in nonrecurring funds is appropriated from the General
1853	Revenue Fund to the Department of Environmental Protection for
1854	the purpose of funding the Solar Energy System Incentives
1855	Program authorized in s. 377.806, Florida Statutes.
1856	Section 47.  For the 2007-2008 fiscal year, the sum of $40
1857	million in nonrecurring funds is appropriated from the General
1858	Revenue Fund to the Department of Agriculture and Consumer
1859	Services for the purpose of funding the Farm-to-Fuel Grants
1860	Program authorized in s. 570.957, Florida Statutes.
1861	Section 48.  For the 2007-2008 fiscal year, the sum of
1862	$12.6 million in nonrecurring funds is appropriated from the
1863	General Revenue Fund to the Administrative Trust Fund of the
1864	Department of Revenue for the purpose of funding the Energy-
1865	Efficient Motor Vehicle Sales Tax Refund Program authorized in
1866	s. 212.086, Florida Statutes.
1867	Section 49.  For the 2007-2008 fiscal year, the sum of
1868	$100,000 in nonrecurring funds is appropriated from the General
1869	Revenue Fund to the Department of Community Affairs for the
1870	purposes of convening a workgroup to develop a model residential
1871	energy efficiency ordinance and to review the cost-effectiveness
1872	of energy efficiency measures in the construction of certain
1873	buildings.
1874	Section 50.  For the 2007-2008 fiscal year, the sum of
1875	$334,237 in nonrecurring funds is appropriated from the General
1876	Revenue Fund to the Department of Community Affairs for the
1877	purposes of developing and implementing a public awareness
1878	campaign that promotes energy efficiency and the benefits of
1879	building green.
1880	Section 51.  This act shall take effect July 1, 2007.

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