CS/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 Holiday; providing a sales tax exemption
14	for the purchase of an alternative motor vehicle;
15	specifying a period during which the sale of such vehicles
16	is exempt from certain sales tax; providing eligibility
17	requirements; requiring the department to adopt rules;
18	providing an exclusion; providing for future repeal of the
19	exemption; amending s. 220.192, F.S., relating to the
20	renewable energy technologies investment tax credit;
21	providing a definition; providing for the transferability
22	of such tax credit; providing requirements and procedures
23	therefor; providing rulemaking requirements and authority;
24	amending s. 220.193, F.S.; providing a definition;
25	providing that a taxpayer's use of certain credits does
26	not prohibit the use of other authorized credits; amending
27	s. 255.251, F.S.; revising a short title; amending s.
28	255.252, F.S.; revising criteria for energy conservation
29	and sustainability for state-owned buildings; requiring
30	buildings constructed and financed by the state to meet
31	certain environmental standards subject to approval by the
32	Department of Management Services; requiring state
33	agencies to identify state-owned buildings that are
34	suitable for guaranteed energy performance savings
35	contracts; providing requirements and procedures therefor;
36	requiring the Department of Management Services to
37	evaluate identified facilities and develop an energy
38	efficiency project schedule; providing criteria for such
39	schedule; amending s. 255.253, F.S.; providing
40	definitions; amending s. 255.254, F.S.; requiring certain
41	state-owned buildings to meet sustainable building
42	ratings; amending s. 255.255, F.S.; requiring the
43	department to adopt rules and procedures for energy
44	conservation performance guidelines based on sustainable
45	building ratings; amending s. 287.064, F.S.; extending the
46	period of time allowed for the repayment of funds for
47	certain purchases relating to energy conservation
48	measures; requiring guaranteed energy performance savings
49	contractors to provide for the replacement or the
50	extension of the useful life of the equipment during the
51	term of a contract; amending s. 377.802, F.S.; providing
52	for the annual designation of "Energy Efficiency and
53	Conservation Month"; amending s. 377.803, F.S.; revising
54	definitions; amending s. 377.804, F.S.; deleting
55	provisions relating to bioenergy projects under the
56	Renewable Energy Technologies Grants Program; amending s.
57	377.806, F.S.; revising rebate eligibility and application
58	requirements for solar photovoltaic systems; requiring
59	applicants to apply for rebate reservations and rebate
60	payments; providing a limitation; revising rulemaking
61	authority; creating s. 403.0874, F.S.; providing a
62	definition; directing the Department of Environmental
63	Protection to develop greenhouse gas inventories;
64	providing requirements for such inventories; authorizing
65	the department to require emission reports; requiring the
66	department to adopt rules; amending s. 403.50663, F.S.;
67	revising the requirements for notice of certain
68	informational public meetings by local governments and
69	regional planning councils relating to power plant siting;
70	amending s. 403.50665, F.S.; authorizing local governments
71	to determine incompleteness of information on certain
72	siting applications as inconsistent with land use plans
73	and zoning ordinances; revising provisions for the filing
74	of certain petitions relating to land use; amending s.
75	403.508, F.S.; revising provisions for land use
76	certification hearings relating to power plant siting;
77	amending s. 403.509, F.S.; revising provisions for the
78	final disposition of power plant siting applications;
79	amending s. 403.5113, F.S.; revising provisions relating
80	to power plant siting postcertification amendments and
81	review; amending s. 403.5115, F.S.; revising provisions
82	for public notice of activities relating to power plant
83	siting; specifying requirements for such notice; amending
84	s. 403.5252, F.S.; revising the timeframes for agencies
85	and the Department of Environmental Protection to provide
86	statements relating to the completeness of applications
87	for power plant siting certification; amending s. 403.527,
88	F.S.; revising the timeframe for the administrative law
89	judge to cancel power plant siting certification hearings
90	and relinquish jurisdiction to the Department of
91	Environmental Protection upon request by the applicant or
92	the department; amending s. 403.5271, F.S.; revising
93	provisions relating to the completeness of applications
94	for alternate corridors; amending s. 403.5272, F.S.;
95	revising the requirements for local governments and
96	regional planning councils to notice certain informational
97	public meetings; amending s. 403.5317, F.S.; revising
98	provisions for power plant siting postcertification
99	activities; amending s. 403.5363, F.S.; revising
100	provisions for public notices of power plant siting
101	certification hearings; requiring local governments and
102	regional planning councils to publish notice of certain
103	informational meetings; providing requirements for such
104	publication; amending s. 489.145, F.S.; revising
105	provisions relating to guaranteed energy performance
106	savings contracting to include energy consumption and
107	energy-related operational savings; revising provisions
108	for the financing of guaranteed energy performance savings
109	contracts; revising criteria for proposed contracts;
110	revising program administration and contract review
111	provisions; requiring that consolidated financing of
112	deferred payment commodity contracts be secured by certain
113	funds; requiring the Chief Financial Officer to review
114	proposed guaranteed energy performance savings contracts;
115	creating s. 570.956, F.S.; establishing the Farm-to-Fuel
116	Advisory Council within the Department of Agriculture and
117	Consumer Services; providing membership requirements;
118	providing for council duties; creating s. 570.957, F.S.;
119	establishing the Farm-to-Fuel Grants Program within the
120	Department of Agriculture and Consumer Services; providing
121	definitions; specifying the use of renewable energy grants
122	for projects relating to bioenergy; providing eligibility
123	requirements; authorizing the department to adopt rules;
124	providing criteria for grant award consideration;
125	requiring the department to consult with the Department of
126	Environmental Protection, the Office of Tourism, Trade,
127	and Economic Development, and certain experts when
128	evaluating applications; creating s. 570.958, F.S.;
129	establishing the Biofuel Retail Sales Incentive Program;
130	establishing goals for replacing petroleum consumption;
131	providing definitions; providing incentive payments to
132	qualified retail dealers for increases in the amount of
133	biofuels offered for sale; providing requirements and
134	procedures therefor; creating s. 570.959, F.S.;
135	establishing the Florida Biofuel Production Incentive
136	Program; providing definitions; providing incentive
137	payments to producers of certain biofuels; providing
138	requirements and procedures therefor; authorizing the
139	Department of Agriculture and Consumer Services to adopt
140	rules; directing the Florida Building Commission to
141	convene a workgroup to develop a model residential energy
142	efficiency ordinance; requiring the commission to consult
143	with specified entities to review the cost-effectiveness
144	of energy efficiency measures in the construction of
145	residential, commercial, and government buildings;
146	requiring the commission to consult with specified
147	entities to develop and implement a public awareness
148	campaign; requiring the commission to provide reports to
149	the Legislature; requiring all county, municipal, and
150	public community college buildings to meet certain energy
151	efficiency standards for construction; providing
152	applicability; specifying a period during which the sale
153	of energy-efficient products is exempt from certain tax;
154	providing a limitation; providing a definition;
155	authorizing the Department of Revenue to adopt rules;
156	establishing standards for diesel fuel purchases for use
157	by state-owned diesel vehicles and equipment to include
158	biodiesel fuel purchase requirements; establishing
159	standards for fuel purchases for use by state-owned flex-
160	fuel vehicles to include ethanol purchase requirements;
161	establishing standards for the use of biodiesel fuels by
162	school district transportation services; providing
163	legislative intent relating to the leverage of state funds
164	for certain research and production; creating the Florida
165	Energy, Aerospace, and Technology (F.E.A.T.) Fund;
166	providing requirements and procedures therefor; providing
167	for the construction and operation of a research and
168	demonstration cellulosic ethanol plant; providing
169	requirements and procedures therefor; requiring the
170	Florida Energy Commission to conduct a study and recommend
171	a renewable portfolio standard; providing requirements and
172	procedures therefor; requiring the Florida Energy
173	Commission to conduct a study to recommend the
174	establishment of an energy efficiency and solar energy
175	initiative; providing requirements and procedures
176	therefor; requiring the Public Service Commission to
177	submit a report to the Legislature on methods used to
178	evaluate the conservation goals, plans, and programs of
179	utilities subject to the Florida Energy Efficiency and
180	Conservation Act; requiring the Department of Agriculture
181	and Consumer Services to conduct a study and recommend a
182	Florida Loan Guarantee Program for cellulosic ethanol
183	facilities; requiring a report to the Legislature;
184	requiring the Department of Community Affairs to convene a
185	workgroup to identify and review certain energy
186	conservation standards for specified products; providing
187	requirements and procedures therefor; providing
188	appropriations; providing an effective date.
189
190	Be It Enacted by the Legislature of the State of Florida:
191
192	Section 1.  Section 196.175, Florida Statutes, is amended
193	to read:
194	196.175  Renewable energy source exemption.--
195	(1)  Improved real property upon which a renewable energy
196	source device is installed and operated shall be entitled to an
197	exemption in the amount of not greater than the lesser of:
198	(a)  The assessed value of such real property less any
199	other exemptions applicable under this chapter;
200	(b)  the original cost of the device, including the
201	installation cost thereof, but excluding the cost of replacing
202	previously existing property removed or improved in the course
203	of such installation; or
204	(c)  Eight percent of the assessed value of such property
205	immediately following installation.
206	(2)  The exempt amount authorized under subsection (1)
207	shall apply in full if the device was installed and operative
208	throughout the 12-month period preceding January 1 of the year
209	of application for this exemption. If the device was operative
210	for a portion of that period, the exempt amount authorized under
211	this section shall be reduced proportionally.
212	(3)  It shall be the responsibility of the applicant for an
213	exemption pursuant to this section to demonstrate affirmatively
214	to the satisfaction of the property appraiser that he or she
215	meets the requirements for exemption under this section and that
216	the original cost pursuant to paragraph (1)(b) and the period
217	for which the device was operative, as indicated on the
218	exemption application, are correct.
219	(4)  No exemption authorized pursuant to this section shall
220	be granted for a period of more than 10 years. No exemption
221	shall be granted with respect to renewable energy source devices
222	installed before July 1, 2007 January 1, 1980, or after December
223	31, 1990.
224	Section 2.  Paragraph (ccc) of subsection (7) of section
225	212.08, Florida Statutes, is amended to read:
226	212.08  Sales, rental, use, consumption, distribution, and
227	storage tax; specified exemptions.--The sale at retail, the
228	rental, the use, the consumption, the distribution, and the
229	storage to be used or consumed in this state of the following
230	are hereby specifically exempt from the tax imposed by this
231	chapter.
232	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
233	entity by this chapter do not inure to any transaction that is
234	otherwise taxable under this chapter when payment is made by a
235	representative or employee of the entity by any means,
236	including, but not limited to, cash, check, or credit card, even
237	when that representative or employee is subsequently reimbursed
238	by the entity. In addition, exemptions provided to any entity by
239	this subsection do not inure to any transaction that is
240	otherwise taxable under this chapter unless the entity has
241	obtained a sales tax exemption certificate from the department
242	or the entity obtains or provides other documentation as
243	required by the department. Eligible purchases or leases made
244	with such a certificate must be in strict compliance with this
245	subsection and departmental rules, and any person who makes an
246	exempt purchase with a certificate that is not in strict
247	compliance with this subsection and the rules is liable for and
248	shall pay the tax. The department may adopt rules to administer
249	this subsection.
250	(ccc)  Equipment, machinery, and other materials for
251	renewable energy technologies.--
252	1.  As used in this paragraph, the term:
253	a.  "Biodiesel" means the mono-alkyl esters of long-chain
254	fatty acids derived from plant or animal matter for use as a
255	source of energy and meeting the specifications for biodiesel
256	and biodiesel blends with petroleum products as adopted by the
257	Department of Agriculture and Consumer Services. Biodiesel may
258	refer to biodiesel blends designated BXX, where XX represents
259	the volume percentage of biodiesel fuel in the blend.
260	b.  "Ethanol" means an nominally anhydrous denatured
261	alcohol produced by the conversion of carbohydrates fermentation
262	of plant sugars meeting the specifications for fuel ethanol and
263	fuel ethanol blends with petroleum products as adopted by the
264	Department of Agriculture and Consumer Services. Ethanol may
265	refer to fuel ethanol blends designated EXX, where XX represents
266	the volume percentage of fuel ethanol in the blend.
267	c.  "Hydrogen fuel cells" means equipment using hydrogen or
268	a hydrogen-rich fuel in an electrochemical process to generate
269	energy, electricity, or the transfer of heat.
270	2.  The sale or use of the following in the state is exempt
271	from the tax imposed by this chapter:
272	a.  Hydrogen-powered vehicles, materials incorporated into
273	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
274	a limit of $2 million in tax each state fiscal year for all
275	taxpayers.
276	b.  Commercial stationary hydrogen fuel cells, up to a
277	limit of $1 million in tax each state fiscal year for all
278	taxpayers.
279	c.  Materials used in the distribution of biodiesel (B10-
280	B100) and ethanol (E10-100), including fueling infrastructure,
281	transportation, and storage, up to a limit of $2 $1 million in
282	tax each state fiscal year for all taxpayers. Gasoline fueling
283	station pump retrofits for ethanol (E10-E100) distribution
284	qualify for the exemption provided in this sub-subparagraph.
285	3.  The Department of Environmental Protection shall
286	provide to the department a list of items eligible for the
287	exemption provided in this paragraph.
288	4.a.  The exemption provided in this paragraph shall be
289	available to a purchaser only through a refund of previously
290	paid taxes. Only one purchase of an eligible item is subject to
291	refund. A purchaser who has received a refund on an eligible
292	item must notify any subsequent purchaser of the item that the
293	item is no longer eligible for a refund of tax paid. This
294	notification must be provided to the purchaser on the sales
295	invoice or other proof of purchase.
296	b.  To be eligible to receive the exemption provided in
297	this paragraph, a purchaser shall file an application with the
298	Department of Environmental Protection. The application shall be
299	developed by the Department of Environmental Protection, in
300	consultation with the department, and shall require:
301	(I)  The name and address of the person claiming the
302	refund.
303	(II)  A specific description of the purchase for which a
304	refund is sought, including, when applicable, a serial number or
305	other permanent identification number.
306	(III)  The sales invoice or other proof of purchase showing
307	the amount of sales tax paid, the date of purchase, and the name
308	and address of the sales tax dealer from whom the property was
309	purchased.
310	(IV)  A sworn statement that the information provided is
311	accurate and that the requirements of this paragraph have been
312	met.
313	c.  Within 30 days after receipt of an application, the
314	Department of Environmental Protection shall review the
315	application and shall notify the applicant of any deficiencies.
316	Upon receipt of a completed application, the Department of
317	Environmental Protection shall evaluate the application for
318	exemption and issue a written certification that the applicant
319	is eligible for a refund or issue a written denial of such
320	certification within 60 days after receipt of the application.
321	The Department of Environmental Protection shall provide the
322	department with a copy of each certification issued upon
323	approval of an application.
324	d.  Each certified applicant shall be responsible for
325	forwarding a certified copy of the application and copies of all
326	required documentation to the department within 6 months after
327	certification by the Department of Environmental Protection.
328	e.  The provisions of s. 212.095 do not apply to any refund
329	application made pursuant to this paragraph. A refund approved
330	pursuant to this paragraph shall be made within 30 days after
331	formal approval by the department.
332	f.  The department may adopt all rules pursuant to ss.
333	120.536(1) and 120.54 to administer this paragraph, including
334	rules establishing forms and procedures for claiming this
335	exemption.
336	g.  The Department of Environmental Protection shall be
337	responsible for ensuring that the total amounts of the
338	exemptions authorized do not exceed the limits as specified in
339	subparagraph 2.
340	5.  The Department of Environmental Protection shall
341	determine and publish on a regular basis the amount of sales tax
342	funds remaining in each fiscal year.
343	6.  This paragraph expires July 1, 2010.
344	Section 3.  Section 212.086, Florida Statutes, is created
345	to read:
346	212.086  Energy-Efficient Motor Vehicle Sales Tax
347	Holiday.--
348	(1)  The Energy-Efficient Motor Vehicle Sales Tax Holiday
349	is established to provide financial incentives for the purchase
350	of alternative motor vehicles as specified in this section.
351	(2)  The sale or purchase of a new alternative motor
352	vehicle during the period from 12:01 a.m., October 1, through
353	11:59 p.m., October 31, in any year is eligible for a partial
354	exemption from the taxes imposed under this chapter. The partial
355	exemption is limited to the first $10,000 of the sales price of
356	the new alternative motor vehicle. This partial exemption does
357	not apply to the lease or rental of a new alternative motor
358	vehicle.
359	(3)  To qualify for the exemption under this section, the
360	new alternative motor vehicle must be certified as a qualified
361	hybrid motor vehicle, a qualified alternative fuel motor
362	vehicle, a qualified fuel cell motor vehicle, or an advanced
363	lean-burn technology motor vehicle by the Internal Revenue
364	Service for the income tax credit for alternative motor vehicles
365	under s. 30B of the Internal Revenue Code of 1986, as amended.
366	(4)  The department may adopt rules pursuant to ss.
367	120.536(1) and 120.54 to administer this section, including
368	rules establishing forms and procedures for claiming the refund.
369	(5)  A person who receives a refund under s. 212.08(7)(ccc)
370	shall not be eligible for the refund provided in this section.
371	(6)  This section expires July 1, 2010.
372	Section 4.  Subsection (1) of section 220.192, Florida
373	Statutes, is amended, subsection (6) is renumbered as subsection
374	(7) and amended, subsection (7) is renumbered as subsection (8),
375	and a new subsection (6) is added to that section, to read:
376	220.192  Renewable energy technologies investment tax
377	credit.--
378	(1)  DEFINITIONS.--For purposes of this section, the term:
379	(a)  "Biodiesel" means biodiesel as defined in s.
380	212.08(7)(ccc).
381	(b)  "Corporation" means a general partnership, limited
382	partnership, limited liability company, unincorporated business,
383	or other business entity in which a taxpayer owns an interest
384	and which is taxed as a partnership or is disregarded as a
385	separate entity from the taxpayer for tax purposes.
386	(c)(b)  "Eligible costs" means:
387	1.  Seventy-five percent of all capital costs, operation
388	and maintenance costs, and research and development costs
389	incurred between July 1, 2006, and June 30, 2010, up to a limit
390	of $3 million per state fiscal year for all taxpayers, in
391	connection with an investment in hydrogen-powered vehicles and
392	hydrogen vehicle fueling stations in the state, including, but
393	not limited to, the costs of constructing, installing, and
394	equipping such technologies in the state.
395	2.  Seventy-five percent of all capital costs, operation
396	and maintenance costs, and research and development costs
397	incurred between July 1, 2006, and June 30, 2010, up to a limit
398	of $1.5 million per state fiscal year for all taxpayers, and
399	limited to a maximum of $12,000 per fuel cell, in connection
400	with an investment in commercial stationary hydrogen fuel cells
401	in the state, including, but not limited to, the costs of
402	constructing, installing, and equipping such technologies in the
403	state.
404	3.  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 $6.5 million per state fiscal year for all taxpayers, in
408	connection with an investment in the production, storage, and
409	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
410	the state, including the costs of constructing, installing, and
411	equipping such technologies in the state. Gasoline fueling
412	station pump retrofits for ethanol (E10-E100) distribution
413	qualify as an eligible cost under this subparagraph.
414	(d)(c)  "Ethanol" means ethanol as defined in s.
415	212.08(7)(ccc).
416	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
417	defined in s. 212.08(7)(ccc).
418	(6)  TRANSFERABILITY OF CREDIT.--
419	(a)  Any corporation and any subsequent transferee allowed
420	the tax credit may transfer the tax credit, in whole or in part,
421	to any taxpayer by written agreement, without the requirement of
422	transferring any ownership interest in the property generating
423	the tax credit or any interest in the entity which owns the
424	property. Transferees are entitled to apply the credits against
425	the tax with the same effect as if the transferee had incurred
426	the eligible costs.
427	(b)  To perfect the transfer, the transferor shall provide
428	a written transfer statement providing notice to the Department
429	of Revenue of the assignor's intent to transfer the tax credits
430	to the assignee, the date the transfer is effective, the
431	assignee's name, address, federal taxpayer identification number
432	and tax period, and the amount of tax credits to be transferred.
433	The Department of Revenue shall issue, upon receipt of a
434	transfer statement conforming to the requirements of this
435	section, a certificate to the assignee reflecting the tax credit
436	amounts transferred, a copy of which shall be attached to each
437	tax return by an assignee in which such tax credits are used.
438	(c)  Tax credits derived by such entities treated as
439	corporations pursuant to this section that are not transferred
440	by such entities to other taxpayers pursuant to this subsection
441	shall be passed through to the taxpayers designated as partners,
442	members, or owners, respectively, in any manner agreed to by
443	such persons, whether or not such persons are allocated or
444	allowed any portion of the federal energy tax credit with
445	respect to the eligible costs.
446	(7)(6)  RULES.--The Department of Revenue shall have the
447	authority to adopt rules relating to:
448	(a)  The forms required to claim a tax credit under this
449	section, the requirements and basis for establishing an
450	entitlement to a credit, and the examination and audit
451	procedures required to administer this section.
452	(b)  The implementation and administration of the
453	provisions allowing a transfer of tax credits, including rules
454	prescribing forms, reporting requirements, and the specific
455	procedures, guidelines, and requirements necessary for a tax
456	credit to be transferred.
457	(c)  The implementation and administration of the
458	provisions allowing a pass through of tax credits, including
459	rules prescribing forms, reporting requirements, and the
460	specific procedures, guidelines, and requirements necessary for
461	a tax credit to be passed through to an owner, member, or
462	partner.
463	(8)(7)  PUBLICATION.--The Department of Environmental
464	Protection shall determine and publish on a regular basis the
465	amount of available tax credits remaining in each fiscal year.
466	Section 5.  Paragraph (f) is added to subsection (2) and
467	paragraph (j) is added to subsection (3) of section 220.193,
468	Florida Statutes, to read:
469	220.193  Florida renewable energy production credit.--
470	(2)  As used in this section, the term:
471	(f)  "Sale" or "sold" includes the use of the electricity
472	by the producer of the electricity when such use decreases the
473	amount of electricity that would otherwise be purchased by the
474	producer thereof.
475	(3)  An annual credit against the tax imposed by this
476	section shall be allowed to a taxpayer, based on the taxpayer's
477	production and sale of electricity from a new or expanded
478	Florida renewable energy facility. For a new facility, the
479	credit shall be based on the taxpayer's sale of the facility's
480	entire electrical production. For an expanded facility, the
481	credit shall be based on the increases in the facility's
482	electrical production that are achieved after May 1, 2006.
483	(j)  A taxpayer's use of the credit granted pursuant to
484	this section shall not reduce the amount of any credit
485	authorized by s. 220.186 that would otherwise be available to
486	that taxpayer.
487	Section 6.  Section 255.251, Florida Statutes, is amended
488	to read:
489	255.251  Energy Conservation and Sustainable in Buildings
490	Act; short title.--This act shall be cited as the "Florida
491	Energy Conservation and Sustainable in Buildings Act of 1974."
492	Section 7.  Section 255.252, Florida Statutes, is amended
493	to read:
494	255.252  Findings and intent.--
495	(1)  Operating and maintenance expenditures associated with
496	energy equipment and with energy consumed in state-financed and
497	leased buildings represent a significant cost over the life of a
498	building. Energy conserved by appropriate building design not
499	only reduces the demand for energy but also reduces costs for
500	building operation. For example, commercial buildings are
501	estimated to use from 20 to 80 percent more energy than would be
502	required if energy-conserving designs were used. The size,
503	design, orientation, and operability of windows, the ratio of
504	ventilating air to air heated or cooled, the level of lighting
505	consonant with space-use requirements, the handling of occupancy
506	loads, and the ability to zone off areas not requiring
507	equivalent levels of heating or cooling are but a few of the
508	considerations necessary to conserving energy.
509	(2)  Significant efforts are needed to build energy-
510	efficient state-owned buildings that meet environmental
511	standards underway by the General Services Administration, the
512	National Institute of Standards and Technology, and others to
513	detail the considerations and practices for energy conservation
514	in buildings. Most important is that energy-efficient designs
515	provide energy savings over the life of the building structure.
516	Conversely, energy-inefficient designs cause excess and wasteful
517	energy use and high costs over that life. With buildings lasting
518	many decades and with energy costs escalating rapidly, it is
519	essential that the costs of operation and maintenance for
520	energy-using equipment and sustainable materials be included in
521	all design proposals for state-owned state buildings.
522	(3)  In order that such energy-efficiency and sustainable
523	materials considerations become a function of building design,
524	and also a model for future application in the private sector,
525	it shall be the policy of the state that buildings constructed
526	and financed by the state be designed and constructed to meet
527	the United States Green Building Council (USGBC) Leadership in
528	Energy and Environmental Design (LEED) rating system, Green
529	Building Initiative's Green Globes rating system, or a
530	nationally recognized, high-performance green building rating
531	system as approved by the department in a manner which will
532	minimize the consumption of energy used in the operation and
533	maintenance of such buildings. It is further the policy of the
534	state, when economically feasible, to retrofit existing state-
535	owned buildings in a manner that which will minimize the
536	consumption of energy used in the operation and maintenance of
537	such buildings.
538	(4)  In addition to designing and constructing new
539	buildings to be energy efficient energy-efficient, it shall be
540	the policy of the state to operate, maintain, and renovate
541	existing state-owned state facilities, or provide for their
542	renovation, in a manner that which will minimize energy
543	consumption and maximize their sustainability as well as ensure
544	that facilities leased by the state are operated so as to
545	minimize energy use. Agencies are encouraged to consider shared
546	savings financing of such energy projects, using contracts that
547	which split the resulting savings for a specified period of time
548	between the agency and the private firm or cogeneration
549	contracts which otherwise permit the state to lower its energy
550	costs. Such energy contracts may be funded from the operating
551	budget.
552	(5)  Each state agency must identify and compile a list of
553	all state-owned buildings within its inventory that it
554	determines are suitable for a guaranteed energy performance
555	savings contract pursuant to s. 489.145. Such list shall be
556	submitted to the Department of Management Services by December
557	31, 2007, and shall include any criteria used to determine
558	suitability. The list of suitable buildings shall be developed
559	from the list of state-owned facilities over 5,000 square feet
560	in area and for which the agency is responsible for paying the
561	expenses of utilities and other operating expenses as they
562	relate to energy use. In consultation with each department
563	secretary or director, by March 1, 2008, the Department of
564	Management Services shall evaluate each agency's facilities
565	suitable for energy conservation projects and shall develop an
566	energy efficiency project schedule based on factors such as
567	project magnitude, efficiency and effectiveness of energy
568	conservation measures to be implemented, and other factors that
569	may prove to be advantageous to pursue. Such schedule shall
570	provide the deadline for guaranteed energy performance savings
571	contract improvements to be made to the state-owned buildings.
572	Section 8.  Subsections (6) and (7) are added to section
573	255.253, Florida Statutes, to read:
574	255.253  Definitions; ss. 255.251-255.258.--
575	(6)  "Sustainable building" means a building that is
576	healthy and comfortable for its occupants and is economical to
577	operate while conserving resources, including energy, water, raw
578	materials, and land, and minimizing the generation of toxic
579	materials and waste in its design, construction, landscaping,
580	and operation.
581	(7)  "Sustainable building rating" means a rating
582	established by the United States Green Building Council (USGBC)
583	Leadership in Energy and Environmental Design (LEED) rating
584	system, Green Building Initiative's Green Globes rating system,
585	or a nationally recognized, high-performance green building
586	rating system as approved by the department.
587	Section 9.  Section 255.254, Florida Statutes, is amended
588	to read:
589	255.254  No facility constructed or leased without life-
590	cycle costs.--
591	(1)  No state agency shall lease, construct, or have
592	constructed, within limits prescribed herein, a facility without
593	having secured from the department an a proper evaluation of
594	life-cycle costs based on sustainable building ratings, as
595	computed by an architect or engineer. Furthermore, construction
596	shall proceed only upon disclosing, for the facility chosen, the
597	life-cycle costs as determined in s. 255.255, its sustainable
598	building rating goal, and the capitalization of the initial
599	construction costs of the building. The life-cycle costs shall
600	be a primary consideration in the selection of a building design
601	in addition to its sustainable building rating goal. Such
602	analysis shall be required only for construction of buildings
603	with an area of 5,000 square feet or greater. For leased
604	buildings 5,000 square feet or greater areas of 20,000 square
605	feet or greater within a given building boundary, an energy
606	performance analysis a life-cycle analysis shall be performed,
607	and a lease shall only be made where there is a showing that the
608	energy life-cycle costs incurred by the state are minimal
609	compared to available like facilities.
610	(2)  On and after January 1, 1979, no state agency shall
611	initiate construction or have construction initiated, prior to
612	approval thereof by the department, on a facility or self-
613	contained unit of any facility, the design and construction of
614	which incorporates or contemplates the use of an energy system
615	other than a solar energy system when the life-cycle costs
616	analysis prepared by the department has determined that a solar
617	energy system is the most cost-efficient energy system for the
618	facility or unit.
619	(3)  After September 30, 1985, when any state agency must
620	replace or supplement major items of energy-consuming equipment
621	in existing state-owned or leased facilities or any self-
622	contained unit of any facility with other major items of energy-
623	consuming equipment, the selection of such items shall be made
624	on the basis of a life-cycle cost analysis of alternatives in
625	accordance with rules promulgated by the department under s.
626	255.255.
627	Section 10.  Subsection (1) of section 255.255, Florida
628	Statutes, is amended to read:
629	255.255  Life-cycle costs.--
630	(1)  The department shall promulgate rules and procedures,
631	including energy conservation performance guidelines based on
632	sustainable building ratings, for conducting a life-cycle cost
633	analysis of alternative architectural and engineering designs
634	and alternative major items of energy-consuming equipment to be
635	retrofitted in existing state-owned or leased facilities and for
636	developing energy performance indices to evaluate the efficiency
637	of energy utilization for competing designs in the construction
638	of state-financed and leased facilities.
639	Section 11.  Subsections (10) and (11) of section 287.064,
640	Florida Statutes, are amended to read:
641	287.064  Consolidated financing of deferred-payment
642	purchases.--
643	(10)  Costs incurred pursuant to a guaranteed energy
644	performance savings contract, including the cost of energy
645	conservation measures, each as defined in s. 489.145, may be
646	financed pursuant to a master equipment financing agreement;
647	however, the costs of training, operation, and maintenance may
648	not be financed. The period of time for repayment of the funds
649	drawn pursuant to the master equipment financing agreement under
650	this subsection may exceed 5 years but may not exceed 20 10
651	years for energy conservation measures pursuant to s. 489.145,
652	excluding the costs of training, operation, and maintenance. The
653	guaranteed energy performance savings contractor shall provide
654	for the replacement or the extension of the useful life of the
655	equipment during the term of the contract.
656	(11)  For purposes of consolidated financing of deferred
657	payment commodity contracts under this section by a state
658	agency, the annualized amount of any such contract must be
659	supported from available recurring funds appropriated to the
660	agency in an appropriation category, other than the expense
661	appropriation category as defined in chapter 216, that the Chief
662	Financial Officer has determined is appropriate or that the
663	Legislature has designated for payment of the obligation
664	incurred under this section.
665	Section 12.  Section 377.802, Florida Statutes, is amended
666	to read:
667	377.802  Purposes Purpose.--
668	(1)  This act is intended to provide matching grants to
669	stimulate capital investment in the state and to enhance the
670	market for and promote the statewide utilization of renewable
671	energy technologies. The targeted grants program is designed to
672	advance the already growing establishment of renewable energy
673	technologies in the state and encourage the use of other
674	incentives such as tax exemptions and regulatory certainty to
675	attract additional renewable energy technology producers,
676	developers, and users to the state.
677	(2)  This act is also intended to provide incentives for
678	the purchase of energy-efficient appliances and rebates for
679	solar energy equipment installations for residential and
680	commercial buildings. In order to promote energy efficiency and
681	conservation of the state's resources, the month of October
682	shall annually be designated "Energy Efficiency and Conservation
683	Month."
684	Section 13.  Subsection (2) of section 377.803, Florida
685	Statutes, is amended, and subsections (3) through (10) of that
686	section are renumbered as subsections (2) through (9),
687	respectively, to read:
688	377.803  Definitions.--As used in ss. 377.801-377.806, the
689	term:
690	(2)  "Approved metering equipment" means a device capable
691	of measuring the energy output of a solar thermal system that
692	has been approved by the commission.
693	Section 14.  Subsection (6) of section 377.804, Florida
694	Statutes, is amended to read:
695	377.804  Renewable Energy Technologies Grants Program.--
696	(6)  The department shall coordinate and actively consult
697	with the Department of Agriculture and Consumer Services during
698	the review and approval process of grants relating to bioenergy
699	projects for renewable energy technology, and the departments
700	shall jointly determine the grant awards to these bioenergy
701	projects. No grant funding shall be awarded to any bioenergy
702	project without such joint approval. Factors for consideration
703	in awarding grants may include, but are not limited to, the
704	degree to which:
705	(a)  The project stimulates in-state capital investment and
706	economic development in metropolitan and rural areas, including
707	the creation of jobs and the future development of a commercial
708	market for bioenergy.
709	(b)  The project produces bioenergy from Florida-grown
710	crops or biomass.
711	(c)  The project demonstrates efficient use of energy and
712	material resources.
713	(d)  The project fosters overall understanding and
714	appreciation of bioenergy technologies.
715	(e)  Matching funds and in-kind contributions from an
716	applicant are available.
717	(f)  The project duration and the timeline for expenditures
718	are acceptable.
719	(g)  The project has a reasonable assurance of enhancing
720	the value of agricultural products or will expand agribusiness
721	in the state.
722	(h)  Preliminary market and feasibility research has been
723	conducted by the applicant or others and shows there is a
724	reasonable assurance of a potential market.
725	Section 15.  Subsections (2) and (3) of section 377.806,
726	Florida Statutes, are amended, present subsection (6) is
727	renumbered as subsection (7), present subsection (7) is
728	renumbered as subsection (8) and amended, and a new subsection
729	(6) is added to that section, to read:
730	377.806  Solar Energy System Incentives Program.--
731	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
732	(a)  Eligibility requirements.--A solar photovoltaic system
733	qualifies for a rebate if:
734	1.  The system is installed by a state-licensed master
735	electrician, electrical contractor, or solar contractor.
736	2.  The system complies with state interconnection
737	standards as provided by the commission.
738	3.  The system complies with all applicable building codes
739	as defined by the local jurisdictional authority.
740	(b)  Rebate amounts.--The rebate amount shall be set at $4
741	per watt based on the total wattage rating of the system. The
742	maximum allowable rebate per solar photovoltaic system
743	installation shall be as follows:
744	1.  Twenty thousand dollars for a residence.
745	2.  One hundred thousand dollars for a place of business, a
746	publicly owned or operated facility, or a facility owned or
747	operated by a private, not-for-profit organization, including
748	condominiums or apartment buildings.
749	(c)  Application.--To be eligible to receive a rebate,
750	applicants must file with the department a preapplication form
751	demonstrating that the planned system will meet applicable
752	requirements of this section. The department shall review the
753	preapplication to determine if it complies with the requirements
754	of this section, shall notify the applicant within 30 days after
755	receipt of the preapplication that the preapplication has been
756	received and meets such requirements, and shall reserve funding
757	for the preapplication for up to 90 days following the date of
758	issuance of notification to the applicant. Within 90 days after
759	the purchase of the solar photovoltaic system, the applicant
760	must submit to the department a separate application for a
761	rebate payment.
762	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
763	(a)  Eligibility requirements.--A solar thermal system
764	qualifies for a rebate if:
765	1.  The system is installed by a state-licensed solar or
766	plumbing contractor.
767	2.  The system complies with all applicable building codes
768	as defined by the local jurisdictional authority.
769	(b)  Rebate amounts.--Authorized rebates for installation
770	of solar thermal systems shall be as follows:
771	1.  Five hundred dollars for a residence.
772	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
773	for a place of business, a publicly owned or operated facility,
774	or a facility owned or operated by a private, not-for-profit
775	organization, including condominiums or apartment buildings. Btu
776	must be verified by approved metering equipment.
777	(6)  LIMITATION.--Rebates are limited to one type of system
778	per resident per state fiscal year.
779	(8)(7)  RULES.--The department shall adopt rules pursuant
780	to ss. 120.536(1) and 120.54 to develop rebate applications for
781	rebate reservations and rebate payments and administer the
782	issuance of rebates.
783	Section 16.  Section 403.0874, Florida Statutes, is created
784	to read:
785	403.0874  Greenhouse gas inventories.--
786	(1)  "Greenhouse gases" means gases that trap heat in the
787	atmosphere. The principal greenhouse gases are: carbon dioxide
788	(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases
789	(such as hydrofluorocarbons, perfluorocarbons, and sulfur
790	hexafluoride).
791	(2)  The department shall develop greenhouse gas
792	inventories that account for annual greenhouse gases emitted to
793	and removed from the atmosphere, and forecast gases emitted and
794	removed, for all major greenhouse gases, for time periods
795	determined sufficient by the department to provide for adequate
796	analysis and planning.
797	(3)  By rule, the department shall define which greenhouse
798	gases are to be included in each inventory, the criteria for
799	defining major emitters, which emitters must report emissions,
800	and what methodologies shall be used to estimate gases emitted
801	and removed from those not required to report.
802	(4)  The department is authorized to require all major
803	emitters of defined greenhouse gases to report emissions
804	according to methodologies and reporting systems approved by the
805	department and established by rule, which may include the use of
806	quality-assured data from continuous emissions monitoring
807	systems.
808	Section 17.  Subsection (3) of section 403.50663, Florida
809	Statutes, is amended to read:
810	403.50663  Informational public meetings.--
811	(3)  A local government or regional planning council that
812	intends to conduct an informational public meeting must provide
813	notice of the meeting to all parties not less than 15 5 days
814	prior to the meeting and to the general public, in accordance
815	with the provisions of s. 403.5115(5).
816	Section 18.  Subsections (2), (3), and (4) of section
817	403.50665, Florida Statutes, are amended to read:
818	403.50665  Land use consistency.--
819	(2)  Within 45 days after the filing of the application,
820	each local government shall file a determination with the
821	department, the applicant, the administrative law judge, and all
822	parties on the consistency of the site or any directly
823	associated facilities with existing land use plans and zoning
824	ordinances that were in effect on the date the application was
825	filed, based on the information provided in the application. The
826	local government may issue its determination up to 35 days later
827	if the local government has requested additional information on
828	land use and zoning consistency as part of the local
829	government's statement on completeness of the application
830	submitted pursuant to s. 403.5066(1)(a). Incompleteness of
831	information necessary for a local government to evaluate an
832	application may be claimed by the local government as cause for
833	a statement of inconsistency with existing land use plans and
834	zoning ordinances. Notice of the consistency determination shall
835	be published in accordance with the requirements of s. 403.5115.
836	(3)  If the local government issues a determination that
837	the proposed electrical power plant is not consistent or in
838	compliance with local land use plans and zoning ordinances, the
839	applicant may apply to the local government for the necessary
840	local approval to address the inconsistencies in the local
841	government's determination. If the applicant makes such an
842	application to the local government, the time schedules under
843	this act shall be tolled until the local government issues its
844	revised determination on land use and zoning or the applicant
845	otherwise withdraws its application to the local government. If
846	the applicant applies to the local government for necessary
847	local land use or zoning approval, the local government shall
848	issue a revised determination within 30 days following the
849	conclusion of any that local proceeding held by the local
850	government to consider the application for land use or zoning
851	approval, and the time schedules and notice requirements under
852	this act shall apply to such revised determination.
853	(4)  If any substantially affected person wishes to dispute
854	the local government's determination, he or she shall file a
855	petition with the designated administrative law judge department
856	within 21 days after the publication of notice of the local
857	government's determination. If a hearing is requested, the
858	provisions of s. 403.508(1) shall apply.
859	Section 19.  Paragraph (a) of subsection (1) and paragraph
860	(a) of subsection (2) of section 403.508, Florida Statutes, are
861	amended to read:
862	403.508  Land use and certification hearings, parties,
863	participants.--
864	(1)(a)  Within 5 days after the filing of If a petition for
865	a hearing on land use has been filed pursuant to s. 403.50665,
866	the designated administrative law judge shall schedule conduct a
867	land use hearing to be conducted in the county of the proposed
868	site or directly associated facility, as applicable, as
869	expeditiously as possible, but not later than 30 days after the
870	department's receipt of the petition. The place of such hearing
871	shall be as close as possible to the proposed site or directly
872	associated facility. If a petition is filed, the hearing shall
873	be held regardless of the status of the completeness of the
874	application. However, incompleteness of information necessary
875	for a local government to evaluate an application may be claimed
876	by the local government as cause for a statement of
877	inconsistency with existing land use plans and zoning ordinances
878	under s. 403.50665.
879	(2)(a)  A certification hearing shall be held by the
880	designated administrative law judge no later than 265 days after
881	the application is filed with the department. The certification
882	hearing shall be held at a location in proximity to the proposed
883	site. At the conclusion of the certification hearing, the
884	designated administrative law judge shall, after consideration
885	of all evidence of record, submit to the board a recommended
886	order no later than 45 days after the filing of the hearing
887	transcript.
888	Section 20.  Subsection (5) of section 403.509, Florida
889	Statutes, is amended to read:
890	403.509  Final disposition of application.--
891	(5)  For certifications issued by the board in regard to
892	the properties and works of any agency which is a party to the
893	certification hearing, the board shall have the authority to
894	decide issues relating to the use, the connection thereto, or
895	the crossing thereof, for the electrical power plant and
896	directly associated facilities and to direct any such agency to
897	execute, within 30 days after the entry of certification, the
898	necessary license or easement for such use, connection, or
899	crossing, subject only to the conditions set forth in such
900	certification. For certifications issued by the department in
901	regard to the properties and works of any agency which is a
902	party to the proceeding, any stipulation filed pursuant to s.
903	403.508(6)(a) must include a stipulation regarding any issues
904	relating to the use, the connection thereto, or the crossing
905	thereof, for the electrical power plant and directly associated
906	facilities. Any agency stipulating to the use, connection to, or
907	crossing of its property must agree to execute, within 30 days
908	after the entry of certification, the necessary license or
909	easement for such use, connection, or crossing, subject only to
910	the conditions set forth in such certification.
911	Section 21.  Section 403.5113, Florida Statutes, is amended
912	to read:
913	403.5113  Postcertification amendments and review.--
914	(1)  POSTCERTIFICATION AMENDMENTS.--
915	(a)  If, subsequent to certification by the board, a
916	licensee proposes any material change to the application and
917	revisions or amendments thereto, as certified, the licensee
918	shall submit a written request for amendment and a description
919	of the proposed change to the application to the department.
920	Within 30 days after the receipt of the request for the
921	amendment, the department shall determine whether the proposed
922	change to the application requires a modification of the
923	conditions of certification.
924	(b)(2)  If the department concludes that the change would
925	not require a modification of the conditions of certification,
926	the department shall provide written notification of the
927	determination on approval of the proposed amendment to the
928	licensee, all agencies, and all other parties.
929	(c)(3)  If the department concludes that the change would
930	require a modification of the conditions of certification, the
931	department shall provide written notification to the licensee
932	that the proposed change to the application requires a request
933	for modification pursuant to s. 403.516.
934	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
935	submittals filed by the licensee with one or more agencies are
936	for the purpose of monitoring for compliance with the issued
937	certification and must be reviewed by the agencies on an
938	expedited and priority basis because each facility certified
939	under this act is a critical infrastructure facility. In no
940	event shall a postcertification review be completed in more than
941	90 days after complete information is submitted to the reviewing
942	agencies.
943	Section 22.  Section 403.5115, Florida Statutes, is amended
944	to read:
945	403.5115  Public notice.--
946	(1)  The following notices are to be published by the
947	applicant for all applications:
948	(a)  Notice of the filing of a notice of intent under s.
949	403.5063, which shall be published within 21 days after the
950	filing of the notice. The notice shall be published as specified
951	by subsection (2), except that the newspaper notice shall be
952	one-fourth page in size in a standard size newspaper or one-half
953	page in size in a tabloid size newspaper.
954	(b)  Notice of filing of the application, which shall
955	include a description of the proceedings required by this act,
956	within 21 days after the date of the application filing. Such
957	notice shall give notice of the provisions of s. 403.511(1) and
958	(2).
959	(c)  If applicable, notice of the land use determination
960	made pursuant to s. 403.50665(1) within 21 days after the
961	determination is filed.
962	(d)  If applicable, notice of the land use hearing, which
963	shall be published as specified in subsection (2), no later than
964	15 days before the hearing.
965	(e)  Notice of the certification hearing and notice of the
966	deadline for filing notice of intent to be a party, which shall
967	be published as specified in subsection (2), at least 65 days
968	before the date set for the certification hearing.
969	(f)  Notice of the cancellation of the certification
970	hearing, if applicable, no later than 3 days before the date of
971	the originally scheduled certification hearing.
972	(g)  Notice of modification when required by the
973	department, based on whether the requested modification of
974	certification will significantly increase impacts to the
975	environment or the public. Such notice shall be published as
976	specified under subsection (2):
977	1.  Within 21 days after receipt of a request for
978	modification. The newspaper notice shall be of a size as
979	directed by the department commensurate with the scope of the
980	modification.
981	2.  If a hearing is to be conducted in response to the
982	request for modification, then notice shall be published no
983	later than 30 days before the hearing.
984	(h)  Notice of a supplemental application, which shall be
985	published as specified in paragraph (b) and subsection (2).
986	(i)  Notice of existing site certification pursuant to s.
987	403.5175. Notices shall be published as specified in paragraph
988	(b) and subsection (2).
989	(2)  Notices provided by the applicant shall be published
990	in newspapers of general circulation within the county or
991	counties in which the proposed electrical power plant will be
992	located. The newspaper notices shall be at least one-half page
993	in size in a standard size newspaper or a full page in a tabloid
994	size newspaper. These notices shall include a map generally
995	depicting the project and all associated facilities corridors. A
996	newspaper of general circulation shall be the newspaper which
997	has the largest daily circulation in that county and has its
998	principal office in that county. If the newspaper with the
999	largest daily circulation has its principal office outside the
1000	county, the notices shall appear in both the newspaper having
1001	the largest circulation in that county and in a newspaper
1002	authorized to publish legal notices in that county.
1003	(3)  All notices published by the applicant shall be paid
1004	for by the applicant and shall be in addition to the application
1005	fee.
1006	(4)  The department shall arrange for publication of the
1007	following notices in the manner specified by chapter 120 and
1008	provide copies of those notices to any persons who have
1009	requested to be placed on the departmental mailing list for this
1010	purpose for each case for which an application has been received
1011	by the department:
1012	(a)  Notice of the filing of the notice of intent within 15
1013	days after receipt of the notice.
1014	(b)  Notice of the filing of the application, no later than
1015	21 days after the application filing.
1016	(c)  Notice of the land use determination made pursuant to
1017	s. 403.50665(1) within 21 days after the determination is filed.
1018	(d)  Notice of the land use hearing before the
1019	administrative law judge, if applicable, no later than 15 days
1020	before the hearing.
1021	(e)  Notice of the land use hearing before the board, if
1022	applicable.
1023	(f)  Notice of the certification hearing at least 45 days
1024	before the date set for the certification hearing.
1025	(g)  Notice of the cancellation of the certification
1026	hearing, if applicable, no later than 3 days prior to the date
1027	of the originally scheduled certification hearing.
1028	(h)  Notice of the hearing before the board, if applicable.
1029	(i)  Notice of stipulations, proposed agency action, or
1030	petitions for modification.
1031	(5)  A local government or regional planning council that
1032	proposes to conduct an informational public meeting pursuant to
1033	s. 403.50663 must publish notice of the meeting in a newspaper
1034	of general circulation within the county or counties in which
1035	the proposed electrical power plant will be located no later
1036	than 7 days prior to the meeting. A newspaper of general
1037	circulation shall be the newspaper which has the largest daily
1038	circulation in that county and has its principal office in that
1039	county. If the newspaper with the largest daily circulation has
1040	its principal office outside the county, the notices shall
1041	appear in both the newspaper having the largest circulation in
1042	that county and in a newspaper authorized to publish legal
1043	notices in that county.
1044	Section 23.  Subsection (1) of section 403.5252, Florida
1045	Statutes, is amended to read:
1046	403.5252  Determination of completeness.--
1047	(1)(a)  Within 30 days after the filing distribution of an
1048	application, the affected agencies shall file a statement with
1049	the department containing the recommendations of each agency
1050	concerning the completeness of the application for
1051	certification.
1052	(b)  Within 37 7 days after the filing receipt of the
1053	application completeness statements of each agency, the
1054	department shall file a statement with the Division of
1055	Administrative Hearings, with the applicant, and with all
1056	parties declaring its position with regard to the completeness
1057	of the application. The statement of the department shall be
1058	based upon its consultation with the affected agencies.
1059	Section 24.  Paragraph (a) of subsection (6) of section
1060	403.527, Florida Statutes, is amended to read:
1061	403.527  Certification hearing, parties, participants.--
1062	(6)(a)  No later than 29 25 days before the certification
1063	hearing, the department or the applicant may request that the
1064	administrative law judge cancel the certification hearing and
1065	relinquish jurisdiction to the department if all parties to the
1066	proceeding stipulate that there are no disputed issues of
1067	material fact or law to be raised at the certification hearing.
1068	Section 25.  Paragraph (e) of subsection (1) of section
1069	403.5271, Florida Statutes, is amended to read:
1070	403.5271  Alternate corridors.--
1071	(1)  No later than 45 days before the originally scheduled
1072	certification hearing, any party may propose alternate
1073	transmission line corridor routes for consideration under the
1074	provisions of this act.
1075	(e)1.  Reviewing agencies shall advise the department of
1076	any issues concerning completeness no later than 15 days after
1077	the submittal of the data required by paragraph (d). Within 22
1078	days after receipt of the data, the department shall issue a
1079	determination of completeness.
1080	2.  If the department determines that the data required by
1081	paragraph (d) is not complete, the party proposing the alternate
1082	corridor must file such additional data to correct the
1083	incompleteness. This additional data must be submitted within 14
1084	days after the determination by the department.
1085	3.  Reviewing agencies may advise the department of any
1086	issues concerning completeness of the additional data within 10
1087	days after the filing by the party proposing the alternate
1088	corridor. If the department, within 14 days after receiving the
1089	additional data, determines that the data remains incomplete,
1090	the incompleteness of the data is deemed a withdrawal of the
1091	proposed alternate corridor. The department may make its
1092	determination based on recommendations made by other affected
1093	agencies.
1094	Section 26.  Subsection (3) of section 403.5272, Florida
1095	Statutes, is amended to read:
1096	403.5272  Informational public meetings.--
1097	(3)  A local government or regional planning council that
1098	intends to conduct an informational public meeting must provide
1099	notice of the meeting, with notice sent to all parties listed in
1100	s. 403.527(2)(a), not less than 15 5 days before the meeting, to
1101	the general public, in accordance with the provisions of s.
1102	403.5363(4).
1103	Section 27.  Paragraph (b) of subsection (1) of section
1104	403.5317, Florida Statutes, is amended to read:
1105	403.5317  Postcertification activities.--
1106	(1)
1107	(b)  If the department concludes that the change would not
1108	require a modification of the conditions of certification, the
1109	department shall notify, in writing, the licensee, all agencies,
1110	and all parties of the determination on approval of the
1111	amendment.
1112	Section 28.  Paragraph (c) of subsection (3) of section
1113	403.5363, Florida Statutes, is amended, and subsection (4) is
1114	added to that section, to read:
1115	403.5363  Public notices; requirements.--
1116	(3)  The department shall arrange for the publication of
1117	the following notices in the manner specified by chapter 120:
1118	(c)  The notice of the cancellation of a certification
1119	hearing, if applicable. The notice must be published not later
1120	than 3 7 days before the date of the originally scheduled
1121	certification hearing.
1122	(4)  A local government or regional planning council that
1123	proposes to conduct an informational public meeting pursuant to
1124	s. 403.5272 must publish notice of the meeting in a newspaper of
1125	general circulation within the county or counties in which the
1126	proposed electrical transmission line will be located no later
1127	than 7 days prior to the meeting. A newspaper of general
1128	circulation shall be the newspaper which has the largest daily
1129	circulation in that county and has its principal office in that
1130	county. If the newspaper with the largest daily circulation has
1131	its principal office outside the county, the notices shall
1132	appear in both the newspaper having the largest circulation in
1133	that county and in a newspaper authorized to publish legal
1134	notices in that county.
1135	Section 29.  Section 489.145, Florida Statutes, is amended
1136	to read:
1137	489.145  Guaranteed energy performance savings
1138	contracting.--
1139	(1)  SHORT TITLE.--This section may be cited as the
1140	"Guaranteed Energy Performance Savings Contracting Act."
1141	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
1142	investment in energy conservation measures in agency facilities
1143	can reduce the amount of energy consumed and produce immediate
1144	and long-term savings. It is the policy of this state to
1145	encourage agencies to invest in energy conservation measures
1146	that reduce energy consumption, produce a cost savings for the
1147	agency, and improve the quality of indoor air in public
1148	facilities and to operate, maintain, and, when economically
1149	feasible, build or renovate existing agency facilities in such a
1150	manner as to minimize energy consumption and maximize energy
1151	savings. It is further the policy of this state to encourage
1152	agencies to reinvest any energy savings resulting from energy
1153	conservation measures in additional energy conservation efforts.
1154	(3)  DEFINITIONS.--As used in this section, the term:
1155	(a)  "Agency" means the state, a municipality, or a
1156	political subdivision.
1157	(b)  "Energy conservation measure" means a training
1158	program, facility alteration, or an equipment purchase to be
1159	used in new construction, including an addition to an existing
1160	facility, which reduces energy or energy-related operating costs
1161	and includes, but is not limited to:
1162	1.  Insulation of the facility structure and systems within
1163	the facility.
1164	2.  Storm windows and doors, caulking or weatherstripping,
1165	multiglazed windows and doors, heat-absorbing, or heat-
1166	reflective, glazed and coated window and door systems,
1167	additional glazing, reductions in glass area, and other window
1168	and door system modifications that reduce energy consumption.
1169	3.  Automatic energy control systems.
1170	4.  Heating, ventilating, or air-conditioning system
1171	modifications or replacements.
1172	5.  Replacement or modifications of lighting fixtures to
1173	increase the energy efficiency of the lighting system, which, at
1174	a minimum, must conform to the applicable state or local
1175	building code.
1176	6.  Energy recovery systems.
1177	7.  Cogeneration systems that produce steam or forms of
1178	energy such as heat, as well as electricity, for use primarily
1179	within a facility or complex of facilities.
1180	8.  Energy conservation measures that reduce Btu, kW, or
1181	kWh consumed or provide long-term operating cost reductions or
1182	significantly reduce Btu consumed.
1183	9.  Renewable energy systems, such as solar, biomass, or
1184	wind systems.
1185	10.  Devices that reduce water consumption or sewer
1186	charges.
1187	11.  Storage systems, such as fuel cells and thermal
1188	storage.
1189	12.  Generating technologies, such as microturbines.
1190	13.  Any other repair, replacement, or upgrade of existing
1191	equipment.
1192	(c)  "Energy cost savings" means a measured reduction in
1193	the cost of fuel, energy consumption, and stipulated operation
1194	and maintenance created from the implementation of one or more
1195	energy conservation measures when compared with an established
1196	baseline for the previous cost of fuel, energy consumption, and
1197	stipulated operation and maintenance.
1198	(d)  "Guaranteed energy performance savings contract" means
1199	a contract for the evaluation, recommendation, and
1200	implementation of energy conservation measures or energy-related
1201	operational saving measures, which, at a minimum, shall include:
1202	1.  The design and installation of equipment to implement
1203	one or more of such measures and, if applicable, operation and
1204	maintenance of such measures.
1205	2.  The amount of any actual annual savings that meet or
1206	exceed total annual contract payments made by the agency for the
1207	contract and may include allowable cost avoidance. As used in
1208	this section, allowable cost avoidance calculations include, but
1209	are not limited to, avoided provable budgeted costs contained in
1210	a capital replacement plan less the current undepreciated value
1211	of replaced equipment and the replacement cost of the new
1212	equipment.
1213	3.  The finance charges incurred by the agency over the
1214	life of the contract.
1215	(e)  "Guaranteed energy performance savings contractor"
1216	means a person or business that is licensed under chapter 471,
1217	chapter 481, or this chapter, and is experienced in the
1218	analysis, design, implementation, or installation of energy
1219	conservation measures through energy performance contracts.
1220	(4)  PROCEDURES.--
1221	(a)  An agency may enter into a guaranteed energy
1222	performance savings contract with a guaranteed energy
1223	performance savings contractor to significantly reduce energy
1224	consumption or energy-related operating costs of an agency
1225	facility through one or more energy conservation measures.
1226	(b)  Before design and installation of energy conservation
1227	measures, the agency must obtain from a guaranteed energy
1228	performance savings contractor a report that summarizes the
1229	costs associated with the energy conservation measures or
1230	energy-related operational cost saving measures and provides an
1231	estimate of the amount of the energy cost savings. The agency
1232	and the guaranteed energy performance savings contractor may
1233	enter into a separate agreement to pay for costs associated with
1234	the preparation and delivery of the report; however, payment to
1235	the contractor shall be contingent upon the report's projection
1236	of energy or operational cost savings being equal to or greater
1237	than the total projected costs of the design and installation of
1238	the report's energy conservation measures.
1239	(c)  The agency may enter into a guaranteed energy
1240	performance savings contract with a guaranteed energy
1241	performance savings contractor if the agency finds that the
1242	amount the agency would spend on the energy conservation or
1243	energy-related cost saving measures will not likely exceed the
1244	amount of the energy or energy-related cost savings for up to 20
1245	years from the date of installation, based on the life cycle
1246	cost calculations provided in s. 255.255, if the recommendations
1247	in the report were followed and if the qualified provider or
1248	providers give a written guarantee that the energy or energy-
1249	related cost savings will meet or exceed the costs of the
1250	system. However, actual computed cost savings must meet or
1251	exceed the estimated cost savings provided in program approval.
1252	Baseline adjustments used in calculations must be specified in
1253	the contract. The contract may provide for installment payments
1254	for a period not to exceed 20 years.
1255	(d)  A guaranteed energy performance savings contractor
1256	must be selected in compliance with s. 287.055; except that if
1257	fewer than three firms are qualified to perform the required
1258	services, the requirement for agency selection of three firms,
1259	as provided in s. 287.055(4)(b), and the bid requirements of s.
1260	287.057 do not apply.
1261	(e)  Before entering into a guaranteed energy performance
1262	savings contract, an agency must provide published notice of the
1263	meeting in which it proposes to award the contract, the names of
1264	the parties to the proposed contract, and the contract's
1265	purpose.
1266	(f)  A guaranteed energy performance savings contract may
1267	provide for financing, including tax exempt financing, by a
1268	third party. The contract for third party financing may be
1269	separate from the energy performance contract. A separate
1270	contract for third party financing pursuant to this paragraph
1271	must include a provision that the third party financier must not
1272	be granted rights or privileges that exceed the rights and
1273	privileges available to the guaranteed energy performance
1274	savings contractor.
1275	(g)  Financing for guaranteed energy performance savings
1276	contracts may be provided under the authority of s. 287.064.
1277	(h)  The Office of the Chief Financial Officer shall review
1278	proposals to ensure that the most effective financing is being
1279	used.
1280	(i)(g)  In determining the amount the agency will finance
1281	to acquire the energy conservation measures, the agency may
1282	reduce such amount by the application of any grant moneys,
1283	rebates, or capital funding available to the agency for the
1284	purpose of buying down the cost of the guaranteed energy
1285	performance savings contract. However, in calculating the life
1286	cycle cost as required in paragraph (c), the agency shall not
1287	apply any grants, rebates, or capital funding.
1288	(5)  CONTRACT PROVISIONS.--
1289	(a)  A guaranteed energy performance savings contract must
1290	include a written guarantee that may include, but is not limited
1291	to the form of, a letter of credit, insurance policy, or
1292	corporate guarantee by the guaranteed energy performance savings
1293	contractor that annual energy cost savings will meet or exceed
1294	the amortized cost of energy conservation measures.
1295	(b)  The guaranteed energy performance savings contract
1296	must provide that all payments, except obligations on
1297	termination of the contract before its expiration, may be made
1298	over time, but not to exceed 20 years from the date of complete
1299	installation and acceptance by the agency, and that the annual
1300	savings are guaranteed to the extent necessary to make annual
1301	payments to satisfy the guaranteed energy performance savings
1302	contract.
1303	(c)  The guaranteed energy performance savings contract
1304	must require that the guaranteed energy performance savings
1305	contractor to whom the contract is awarded provide a 100-percent
1306	public construction bond to the agency for its faithful
1307	performance, as required by s. 255.05.
1308	(d)  The guaranteed energy performance savings contract may
1309	contain a provision allocating to the parties to the contract
1310	any annual energy cost savings that exceed the amount of the
1311	energy cost savings guaranteed in the contract.
1312	(e)  The guaranteed energy performance savings contract
1313	shall require the guaranteed energy performance savings
1314	contractor to provide to the agency an annual reconciliation of
1315	the guaranteed energy or energy-related cost savings. If the
1316	reconciliation reveals a shortfall in annual energy or energy-
1317	related cost savings, the guaranteed energy performance savings
1318	contractor is liable for such shortfall. If the reconciliation
1319	reveals an excess in annual energy cost savings, the excess
1320	savings may be allocated under paragraph (d) but may not be used
1321	to cover potential energy cost savings shortages in subsequent
1322	contract years.
1323	(f)  The guaranteed energy performance savings contract
1324	must provide for payments of not less than one-twentieth of the
1325	price to be paid within 2 years from the date of the complete
1326	installation and acceptance by the agency using straight-line
1327	amortization for the term of the loan, and the remaining costs
1328	to be paid at least quarterly, not to exceed a 20-year term,
1329	based on life cycle cost calculations.
1330	(g)  The guaranteed energy performance savings contract may
1331	extend beyond the fiscal year in which it becomes effective;
1332	however, the term of any contract expires at the end of each
1333	fiscal year and may be automatically renewed annually for up to
1334	20 years, subject to the agency making sufficient annual
1335	appropriations based upon continued realized energy savings.
1336	(h)  The guaranteed energy performance savings contract
1337	must stipulate that it does not constitute a debt, liability, or
1338	obligation of the state.
1339	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1340	Department of Management Services, with the assistance of the
1341	Office of the Chief Financial Officer, shall may, within
1342	available resources, provide technical content assistance to
1343	state agencies contracting for energy conservation measures and
1344	engage in other activities considered appropriate by the
1345	department for promoting and facilitating guaranteed energy
1346	performance contracting by state agencies. The Office of the
1347	Chief Financial Officer, with the assistance of the Department
1348	of Management Services, shall may, within available resources,
1349	develop model contractual and related documents for use by state
1350	agencies. Prior to entering into a guaranteed energy performance
1351	savings contract, any contract or lease for third-party
1352	financing, or any combination of such contracts, a state agency
1353	shall submit such proposed contract or lease to the Office of
1354	the Chief Financial Officer for review and approval. A proposed
1355	contract or lease shall include:
1356	(a)  Supporting information required by s. 216.023(4)(a)9.
1357	(b)  Documentation supporting recurring funds requirements
1358	in ss. 287.063(5) and 287.064(11).
1359	(c)  Approval by the agency head or his or her designee.
1360	(d)  An agency measurement and verification plan to monitor
1361	costs savings.
1362	(7)  FUNDING SUPPORT.--For purposes of consolidated
1363	financing of deferred payment commodity contracts under this
1364	section by a state agency, any such contract must be supported
1365	from available recurring funds appropriated to the agency in an
1366	appropriation category, other than the expense appropriation
1367	category as defined in chapter 216, that the Chief Financial
1368	Officer has determined is appropriate or that the Legislature
1369	has designated for payment of the obligation incurred under this
1370	section.
1371
1372	The Office of the Chief Financial Officer may not approve any
1373	contract submitted under this section that does not meet the
1374	requirements of this section.
1375	Section 30.  Section 570.956, Florida Statutes, is created
1376	to read:
1377	570.956  Farm-to-Fuel Advisory Council.--
1378	(1)  The Farm-to-Fuel Advisory Council is created within
1379	the department to provide advice and counsel to the commissioner
1380	concerning the production of renewable energy in this state. The
1381	advisory council shall consist of 15 members, 14 of whom shall
1382	be appointed by the commissioner and one of whom shall be
1383	appointed the Governor for 4-year terms or until a successor is
1384	duly qualified and appointed. Members shall include:
1385	(a)  One citizen-at-large member who shall represent the
1386	views of the public toward renewable energy.
1387	(b)  Six members each of whom is a producer or grower
1388	actively engaged in the agricultural area of one of the
1389	following industries:
1390	1.  Sugarcane.
1391	2.  Citrus.
1392	3.  Field crops.
1393	4.  Dairy.
1394	5.  Livestock or poultry.
1395	6.  Forestry.
1396	(c)  One member who represents the petroleum industry or
1397	who is actively engaged in the trade of petroleum products.
1398	(d)  One member who represents public utilities or the
1399	electric power industry.
1400	(e)  Two members who represent colleges and universities in
1401	this state and who are engaged in research involving alternative
1402	fuels or renewable energy.
1403	(f)  One member who represents the environmental community
1404	or an environmental organization.
1405	(g)  One member who represents the ethanol industry or who
1406	has expertise in the production of ethanol.
1407	(h)  One member who represents the biodiesel industry or
1408	who has expertise in the production of biodiesel.
1409	(i)  One member appointed by the Governor.
1410	(2)  The council is an advisory committee the operation of
1411	which is governed by s. 570.0705.
1412	Section 31.  Section 570.957, Florida Statutes, is created
1413	to read:
1414	570.957  Farm-to-Fuel Grants Program.--
1415	(1)  As used in this section, the term:
1416	(a)  "Bioenergy" means useful, renewable energy produced
1417	from organic matter through the conversion of the complex
1418	carbohydrates in organic matter to energy. Organic matter may
1419	either be used directly as a fuel, processed into liquids and
1420	gases, or be a residue of processing and conversion.
1421	(b)  "Department" means the Department of Agriculture and
1422	Consumer Services.
1423	(c)  "Person" means an individual, partnership, joint
1424	venture, private or public corporation, association, firm,
1425	public service company, or any other public or private entity.
1426	(d)  "Renewable energy" means electrical, mechanical, or
1427	thermal energy produced from a method that uses one or more of
1428	the following fuels or energy sources: hydrogen, biomass, solar
1429	energy, geothermal energy, wind energy, ocean energy, waste
1430	heat, or hydroelectric power.
1431	(2)  The Farm-to-Fuel Grants Program is established within
1432	the department to provide renewable energy matching grants for
1433	demonstration, commercialization, research, and development
1434	projects relating to bioenergy projects.
1435	(a)  Matching grants for bioenergy demonstration,
1436	commercialization, research, and development projects may be
1437	made to any of the following:
1438	1.  Municipalities and county governments.
1439	2.  Established for-profit companies licensed to do
1440	business in the state.
1441	3.  Universities and colleges in the state.
1442	4.  Utilities located and operating within the state.
1443	5.  Not-for-profit organizations.
1444	6.  Other qualified persons, as determined by the
1445	Department of Agriculture and Consumer Services.
1446	(b)  The department may adopt rules to provide for
1447	allocation of grant funds by project type, application
1448	requirements, ranking of applications, and awarding of grants
1449	under this program.
1450	(c)  Factors for consideration in awarding grants may
1451	include, but are not limited to, the degree to which:
1452	1.  The project produces bioenergy from Florida-grown crops
1453	or biomass.
1454	2.  The project demonstrates efficient use of energy and
1455	material resources.
1456	3.  Matching funds and in-kind contributions from an
1457	applicant are available.
1458	4.  The project has a reasonable assurance of enhancing the
1459	value of agricultural products or will expand agribusiness in
1460	the state.
1461	5.  Preliminary market and feasibility research has been
1462	conducted by the applicant or others and shows there is a
1463	reasonable assurance of a potential market.
1464	6.  The project stimulates in-state capital investment and
1465	economic development in metropolitan and rural areas, including
1466	the creation of jobs and the future development of a commercial
1467	market for bioenergy.
1468	7.  The project incorporates an innovative new technology
1469	or an innovative application of an existing technology.
1470	(d)  In evaluating and awarding grants under this section,
1471	the department shall consult with and solicit input from the
1472	Department of Environmental Protection.
1473	(e)  In determining the technical feasibility of grant
1474	applications, the department  shall coordinate and actively
1475	consult with persons having expertise in renewable energy
1476	technologies.
1477	(f)  In determining the economic feasibility of bioenergy
1478	grant applications, the department shall consult with the Office
1479	of Tourism, Trade, and Economic Development.
1480	Section 32.  Section 570.958, Florida Statutes, is created
1481	to read:
1482	570.958  Biofuel Retail Sales Incentive Program.--
1483	(1)  The purpose of this section is to encourage the retail
1484	sale of biofuels in this state and replace petroleum consumption
1485	in the state by the following percentages over the specified
1486	periods:
1487	(a)  Three percent from January 1, 2008, through December
1488	31, 2008.
1489	(b)  Five percent from January 1, 2009, through December
1490	31, 2009.
1491	(c)  Seven percent from January 1, 2010, through December
1492	31, 2010.
1493	(d)  Ten percent from January 1, 2011, through December 31,
1494	2011.
1495	(2)  As used in this section:
1496	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1497	fatty acids derived from plant or animal matter for use as a
1498	source of energy and meeting the specifications for biodiesel
1499	and biodiesel blended with petroleum products as adopted by the
1500	department.
1501	(b)  "Biofuel" means E85 fuel ethanol, E10 motor fuel,
1502	biodiesel, and diesel blended fuel.
1503	(c)  "Diesel blended fuel" means a fuel mixture containing
1504	10 percent or more biodiesel or renewable diesel fuel with the
1505	balance comprised of diesel fuel and meeting the specifications
1506	for diesel blends as adopted by the department.
1507	(d)  "E85 fuel ethanol" means ethanol blended with gasoline
1508	and formulated with a nominal percentage of 85 percent ethanol
1509	by volume and meeting the applicable fuel quality specifications
1510	as adopted by the department.
1511	(e)  "E10 motor fuel" means a motor fuel blend consisting
1512	of nominal percentages of 90 percent gasoline by volume and 10
1513	percent ethanol by volume and meeting the fuel quality
1514	specifications for gasoline as adopted by the department.
1515	(f)  "Ethanol or fuel ethanol" means an anhydrous denatured
1516	alcohol produced by the conversion of carbohydrates and meeting
1517	the specifications for fuel ethanol as adopted by the
1518	department.
1519	(g)  "Fuel dispenser" means a pump, meter, or similar
1520	device used to measure and deliver motor fuel or diesel fuel on
1521	a retail basis.
1522	(h)  "Renewable diesel fuel" means a fuel that meets the
1523	registration requirements for fuels and fuel additives
1524	established by the Environmental Protection Agency in the Clean
1525	Air Act; is not a mono-alkyl ester; is intended for use in
1526	engines that are designed to run on conventional, petroleum
1527	derived diesel fuel; is derived from nonpetroleum renewable
1528	resources, including, but not limited to, vegetable oils, animal
1529	wastes, including poultry fats and poultry wastes, and other
1530	waste materials, or municipal solid waste and sludges and oils
1531	derived from wastewater and the treatment of wastewater; and
1532	meets the specifications for diesel fuel as adopted by the
1533	department.
1534	(i)  "Retail dealer" means any person who is engaged in the
1535	business of selling fuel at retail at posted retail prices.
1536	(j)  "Retail motor fuel site" means a geographic location
1537	in this state where a retail dealer sells or offers for sale
1538	motor fuel, diesel fuel, or biofuel to the general public.
1539	(3)(a)  Subject to specific appropriation, a retail dealer
1540	who sells biofuel through fuel dispensers at retail motor fuel
1541	sites is entitled to an incentive payment that shall be computed
1542	as follows:
1543	1.  An incentive of 1 cent for each gallon of E10 motor
1544	fuel sold through a fuel dispenser.
1545	2.  An incentive of 5 cents for each gallon of E85 fuel
1546	ethanol sold through a fuel dispenser.
1547	3.  An incentive of 1 cent for each gallon of diesel
1548	blended fuel sold through a fuel dispenser.
1549	4.  An incentive of 3 cents for each gallon of biodiesel
1550	sold through a fuel dispenser.
1551	(b)  The incentive may be claimed for biofuel sold on or
1552	after January 1, 2008. Beginning in 2009, each applicant
1553	claiming an incentive under this section must first apply to the
1554	department by February 1 of each year for an allocation of the
1555	available incentive for the preceding calendar year. The
1556	department shall develop an application form. The application
1557	form shall, at a minimum, require a sworn affidavit from each
1558	retail dealer certifying the following information:
1559	1.  The name and principal address of the retail dealer.
1560	2.  The address of the retail dealer's retail motor fuel
1561	sites from which it sold biofuels during the preceding calendar
1562	year.
1563	3.  The total gallons of E10 ethanol sold through fuel
1564	dispensers.
1565	4.  The total gallons of E85 ethanol sold through fuel
1566	dispensers.
1567	5.  The total gallons of diesel blended fuel sold through
1568	fuel dispensers.
1569	6.  The total gallons of biodiesel sold through fuel
1570	dispensers.
1571	7.  Any other information deemed necessary by the
1572	department to adequately ensure that the incentive allowed under
1573	this section shall be made only to qualified Florida retail
1574	dealers.
1575	(c)  The department shall determine the amount of the
1576	incentive allowed under this section.
1577	(4)  If the amount of incentives applied for each year
1578	exceeds the amount appropriated, the department shall pay to
1579	each applicant a prorated amount based on each applicant's
1580	gallonage of qualified biofuel sold and dispensed that is
1581	eligible for the incentive under this section.
1582	(5)  The department may adopt rules pursuant to ss.
1583	120.536(1) and 120.54 to implement and administer this section,
1584	including rules prescribing forms, the documentation needed to
1585	substantiate a claim for the incentive, and the specific
1586	procedures and guidelines for claiming the incentive.
1587	Section 33.  Section 570.959, Florida Statutes, is created
1588	to read:
1589	570.959  Florida Biofuel Production Incentive Program.--
1590	(1)  The purpose of this section is to encourage the
1591	development and expansion of facilities that produce biofuels in
1592	this state from crops, agricultural waste and residues, and
1593	other biomass produced in Florida by providing economic
1594	incentives to do so.
1595	(2)  As used in this section, the term:
1596	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1597	fatty acids derived from plant or animal matter for use as a
1598	source of energy and meeting the specifications for biodiesel
1599	and biodiesel blended with petroleum products as adopted by the
1600	department.
1601	(b)  "Biofuel" means ethanol or biodiesel.
1602	(c)  "Ethanol" or "fuel ethanol" means an anhydrous
1603	denatured alcohol produced by the conversion of carbohydrates
1604	and meeting the specifications for fuel ethanol adopted by the
1605	department.
1606	(d)  "Florida biofuel production" means production of
1607	biofuel in the state from crops, agricultural waste and
1608	residues, and other biomass produced in Florida.
1609	(3)  In order to be eligible for the incentive provided in
1610	this section, a producer must have registered and have met the
1611	requirements contained in chapter 206.
1612	(4)  An incentive, subject to appropriation, shall be paid
1613	to a producer based on Florida biofuel production as follows:
1614	(a)  The incentive shall be 5 cents for each gallon of
1615	unblended Florida biofuel produced, exclusive of denaturant,
1616	during a given calendar year and sold to an unrelated blender of
1617	biofuel.
1618	(b)  The incentive may be earned for production on or after
1619	January 1, 2008. Beginning in 2009, each producer claiming an
1620	incentive under this section must first apply to the department
1621	by February 1 of each year for an allocation of available
1622	incentives. The department shall develop an application form
1623	that shall, at a minimum, require a sworn affidavit from each
1624	producer certifying the production that forms the basis of the
1625	application and certifying that all information contained in the
1626	application is true and correct.
1627	(c)  The department shall determine whether or not such
1628	production is eligible for the incentive under this section.
1629	(d)  If the amount of incentives applied for each year
1630	exceeds the amount appropriated, the department shall pay to
1631	each applicant a prorated amount based on the percentage of
1632	biofuel produced that is eligible for the incentive under this
1633	section.
1634	(5)  The department may adopt rules pursuant to ss.
1635	120.536(1) and 120.54 to implement and administer this section,
1636	including rules prescribing forms, the documentation needed to
1637	substantiate a claim for the incentive, and the specific
1638	procedures and guidelines for claiming the incentive.
1639	Section 34.  (1)  The Florida Building Commission shall
1640	convene a workgroup comprised of representatives from the
1641	Florida Energy Commission, the Department of Community Affairs,
1642	the Building Officials Association of Florida, the Florida
1643	Energy Office, the Florida Home Builders Association, the
1644	Association of Counties, the League of Cities, and other
1645	stakeholders to develop a model residential energy efficiency
1646	ordinance that provides incentives to meet energy efficiency
1647	standards. The commission must report back to the Legislature
1648	with a developed ordinance by March 1, 2008.
1649	(2)  The Florida Building Commission shall, in consultation
1650	with the Florida Energy Commission, the Building Officials
1651	Association of Florida, the Florida Energy Office, the Florida
1652	Home Builders Association, the Association of Counties, the
1653	League of Cities, and other stakeholders, review the Florida
1654	Energy Code for Building Construction. Specifically, the
1655	commission shall revisit the analysis of cost-effectiveness that
1656	serves as the basis for energy efficiency levels for residential
1657	buildings, identify cost-effective means to improve energy
1658	efficiency in commercial buildings, and compare the code to the
1659	International Energy Conservation Code and the American Society
1660	of Heating Air-Conditioning and Refrigeration Engineers
1661	Standards 90.1 and 90.2. The commission shall provide a report
1662	with a standard to the Legislature by March 1, 2008, that may be
1663	adopted for the construction of all new residential, commercial,
1664	and government buildings.
1665	(3)  The Florida Building Commission, in consultation with
1666	the Florida Solar Energy Center, the Florida Energy Commission,
1667	the Florida Energy Office, the United States Department of
1668	Energy, and the Florida Home Builders Association, shall develop
1669	and implement a public awareness campaign that promotes energy
1670	efficiency and the benefits of building green by January 1,
1671	2008. The campaign shall include enhancement of an existing web
1672	site from which all citizens can obtain information pertaining
1673	to green building practices, calculate anticipated savings from
1674	use of those options, as well as learn about energy efficiency
1675	strategies that may be used in their existing home or when
1676	building a home. The campaign shall focus on the benefits of
1677	promoting energy efficiency to the purchasers of new homes, the
1678	various green building ratings available, and the promotion of
1679	various energy-efficient products through existing trade shows.
1680	The campaign shall also include strategies for utilizing print
1681	advertising, press releases, and television advertising to
1682	promote voluntary utilization of green building practices.
1683	Section 35.  (1)  The Legislature declares that there is an
1684	important state interest in promoting the construction of
1685	energy-efficient and sustainable buildings. Government
1686	leadership in promoting these standards is vital to demonstrate
1687	the state's commitment to energy conservation, saving taxpayers
1688	money, and raising public awareness of energy-rating systems.
1689	(2)  All county, municipal, and public community college
1690	buildings shall be constructed to meet the United States Green
1691	Building Council (USGBC) Leadership in Energy and Environmental
1692	Design (LEED) rating system, Green Building Initiative's Green
1693	Globes rating system, or a nationally recognized, high-
1694	performance green building rating system as approved by the
1695	Department of Management Services. This section shall apply to
1696	all county, municipal, and public community college buildings
1697	whose architectural plans are started after July 1, 2008.
1698	Section 36.  The tax levied under chapter 212, Florida
1699	Statutes, may not be collected on the first $1,500 of the
1700	selling price of a new energy-efficient product during the
1701	period from 12:01 a.m., October 1, 2007, through midnight,
1702	October 14, 2007. Such period shall be designated as the
1703	"Energy-Efficient Products Sales Tax Holiday." As used in this
1704	section, the term "energy-efficient product" means a dishwasher,
1705	clothes washer, air conditioner, ceiling fan, ventilating fan,
1706	compact fluorescent light bulb, dehumidifier, programmable
1707	thermostat, or refrigerator that has been designated by the
1708	United States Environmental Protection Agency or by the United
1709	States Department of Energy as meeting or exceeding the
1710	requirements under the Energy Star Program of either agency. The
1711	Department of Revenue may adopt rules under ss. 120.536(1) and
1712	120.54, Florida Statutes, to administer this section.
1713	Section 37.  State fleet biodiesel usage.--
1714	(1)  By July 1, 2008, a minimum of 5 percent, by January 1,
1715	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1716	of 20 percent of total diesel fuel purchases for use by state-
1717	owned diesel vehicles and equipment shall be biodiesel fuel
1718	(B20), subject to availability.
1719	(2)  By July 1, 2008, a minimum of 5 percent, by January 1,
1720	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1721	of 20 percent of total fuel purchases for use by state-owned
1722	flex-fuel vehicles shall be ethanol, subject to availability.
1723	(3)  The Department of Management Services shall provide
1724	for the proper administration, implementation, and enforcement
1725	of this section.
1726	(4)  The Department of Management Services shall report to
1727	the Legislature on or before March 1, 2008, and annually
1728	thereafter, the extent of biodiesel and ethanol use in the state
1729	fleet. The report shall contain the number of gallons purchased
1730	since July 1, 2007, the average price of biodiesel and ethanol,
1731	and a description of fleet performance.
1732	Section 38.  School district biodiesel usage.--
1733	(1)  By January 1, 2008, a minimum of 20 percent of total
1734	diesel fuel purchases for use by school districts shall be
1735	biodiesel fuel (B20), subject to availability.
1736	(2)  If a school district contracts with another government
1737	entity or private entity to provide transportation services for
1738	any of its pupils, the biodiesel blend fuel requirement
1739	established pursuant to subsection (1) shall be part of that
1740	contract. However, this requirement shall apply only to
1741	contracts entered into on or after July 1, 2007.
1742	Section 39.  (1)  The Legislature recognizes the need for
1743	expanded collaboration between the public and private sectors
1744	and increased public-private joint ventures in the areas of
1745	energy research, alternative fuel production, space exploration,
1746	and technological advances in the energy and aerospace
1747	industries.
1748	(2)  Subject to appropriation, there is created within the
1749	Executive Office of the Governor the Florida Energy, Aerospace,
1750	and Technology (F.E.A.T.) Fund, a program to encourage a state
1751	partnership with the Federal Government and the private sector,
1752	to identify business and investment opportunities, and to target
1753	performance goals for those investments in the areas of
1754	alternative energy development and production infrastructure;
1755	biofuel, wind power, and solar energy technology development and
1756	applications; ethanol production and systems for conversion and
1757	use of ethanol fuels; cryogenics and hydrogen-based technology
1758	applications, storage, and conversion systems; hybrid engine
1759	power systems conversion technologies and production facilities;
1760	aerospace industry expansion or development opportunities;
1761	aerospace facility modifications and upgrades; build outs; new
1762	spaceport, range, and ground support infrastructure; new
1763	aerospace facilities and laboratories; new simulation,
1764	communications, and command and control systems; and other
1765	aerospace manufacturing and maintenance support infrastructure.
1766	(3)  A complete and detailed report shall be provided to
1767	the Governor, the President of the Senate, and the Speaker of
1768	the House of Representatives by March 1, 2008, setting forth all
1769	of the following:
1770	(a)  An accounting of all state funds committed and
1771	invested by the fund.
1772	(b)  A qualitative and quantitative assessment of each fund
1773	investment against the investment performance goals established
1774	for investment, as well as an assessment of overall fund
1775	performance against investment objectives established for the
1776	fund.
1777	(c)  An evaluation of all activities of the fund and
1778	recommendations for change.
1779	Section 40.  Research and demonstration cellulosic ethanol
1780	plant.--
1781	(1)  There shall be constructed a multifaceted research and
1782	demonstration cellulosic ethanol plant designed to conduct
1783	research and to demonstrate and advance the commercialization of
1784	cellulose-to-ethanol technology, including technology licensed
1785	from the University of Florida, and to facilitate further
1786	research and testing of multiple cellulosic feedstocks in the
1787	state.
1788	(2)  The University of Florida shall act as the owner and
1789	proprietor of the facility, which shall include a permanent
1790	research and development laboratory operated as a satellite
1791	facility of the Institute of Food and Agricultural Sciences at
1792	the University of Florida. This facility shall be used to
1793	convert the initially treated material to the final ethanol
1794	product.
1795	(3)  The facility shall be located near an industrial site
1796	with infrastructure already developed to avoid or reduce
1797	significant capital costs for waste treatment and roads, shall
1798	be served by a range of suppliers and transportation companies,
1799	and shall be in good proximity to gasoline and ethanol blending
1800	facilities on either coast of the state. The industrial site
1801	shall have the capacity to provide steam and electric power,
1802	waste treatment, and a steady stream of feedstocks, including,
1803	but not limited to, bagasse, woody biomass, and cane field
1804	residues, to allow a commercial scale plant to operate year
1805	around.
1806	(4)  The facility shall be located near preexisting onsite
1807	technical support staff and other resources for electrical,
1808	mechanical, and instrumentation services. In addition, the
1809	facility shall have access to preexisting onsite laboratory
1810	facilities and scientific personnel and shall include the
1811	critical aspects of connecting to existing facilities and
1812	meeting construction codes and permit requirements.
1813	(5)  There shall be a scientific and technical advisory
1814	panel to advise on the technology to be applied.
1815	(6)  Ownership of all patents, copyrights, trademarks,
1816	licenses, and rights or interests shall vest in the state. The
1817	university, pursuant to s. 1004.23, Florida Statutes, shall have
1818	full right of use and full right to retain derived revenues.
1819	(7)  The Senior Vice President for the Institute of Food
1820	and Agricultural Sciences at the University of Florida shall
1821	ensure that applicable, nonproprietary research results and
1822	technologies from the plant authorized under this initiative are
1823	adapted, made available, and disseminated through its respective
1824	services, as appropriate.
1825	(8)  Within 2 years after enactment of this act, the Senior
1826	Vice President for the Institute of Food and Agricultural
1827	Sciences at the University of Florida shall submit to the
1828	President of the Senate and the Speaker of the House of
1829	Representatives a report on the activities conducted under this
1830	section.
1831	Section 41.  (1)  The Florida Energy Commission shall
1832	conduct a study in conjunction with the Florida Public Service
1833	Commission and the Department of Agriculture and Consumer
1834	Services to recommend an appropriate renewable portfolio
1835	standard for the state.
1836	(2)  The study shall include current and future
1837	availability of renewable fuels, incentives to attract large
1838	scale renewable energy development, proposed changes to current
1839	regulatory and market practices to encourage renewable energy
1840	development, the impact on utility costs and rates,
1841	environmental benefits of a renewable portfolio standard, and
1842	economic development associated with renewable energy in the
1843	state.
1844	(3)  The Florida Energy Commission shall hold public
1845	hearings on these and other related issues and submit a report
1846	containing specific recommendations to the President of the
1847	Senate and the Speaker of the House of Representatives by
1848	January 1, 2008.
1849	Section 42.  (1)  The Florida Energy Commission shall
1850	conduct a study in conjunction with the Florida Energy Office,
1851	the Department of Agriculture and Consumer Services, and the
1852	Public Service Commission to recommend the establishment of an
1853	energy efficiency and solar energy initiative.
1854	(2)  The study shall include recommendations for the
1855	administration, design, implementation, and ongoing measurement
1856	and evaluation of programs that promote energy efficiency and
1857	conservation activities and market transformation efforts for
1858	solar energy technologies through a public benefits fund. The
1859	study shall include incentives for investment in energy
1860	efficiency and customer-sited solar energy systems, suggest
1861	changes to current regulatory and market practice to encourage
1862	solar energy and energy efficiency investment in residential and
1863	commercial applications, including standards for net metering
1864	and interconnection.
1865	(3)  The Florida Energy Commission will hold public
1866	hearings on these issues and submit a report containing specific
1867	recommendations to the President of the Senate and the Speaker
1868	of the House of Representatives by January 1, 2008.
1869	Section 43.  The Florida Public Service Commission shall
1870	submit to the President of the Senate and the Speaker of the
1871	House of Representatives by February 28, 2008, a report that
1872	provides a detailed description of the methods used to evaluate
1873	the conservation goals, plans, and programs of utilities subject
1874	to the Florida Energy Efficiency and Conservation Act. The
1875	commission shall compare methods and policies employed in other
1876	states that could be implemented to ensure that utilities in
1877	this state acquire all energy efficiency resources that cost
1878	less than new electric power generation. As used in the section,
1879	the term "energy efficiency resources" means a reduction in
1880	kilowatt hours used by the existing and emerging fleet of
1881	buildings and equipment in this state that is achieved by
1882	providing incentives to producers, distributors, sellers, or
1883	consumers that promote the development of and investment in
1884	energy-efficient technologies.
1885	Section 44.  (1)  The Department of Agriculture and
1886	Consumer Services shall conduct a study in conjunction with the
1887	Department of Environmental Protection and Enterprise Florida,
1888	Inc., to recommend an appropriate Florida Loan Guarantee Program
1889	for cellulosic ethanol facilities developed in the state.
1890	(2)  The Department of Agriculture and Consumer Services
1891	shall submit a report containing specific recommendations to the
1892	President of the Senate and the Speaker of the House of
1893	Representatives no later than January 1, 2008.
1894	Section 45.  The Department of Community Affairs shall
1895	convene a workgroup comprised of representatives of the Florida
1896	Building Commission, the Florida Energy Commission, the Florida
1897	Energy Office, consumers, and affected industries to identify
1898	and review new or updated energy conservation standards for
1899	products that consume electricity, including, but not limited
1900	to, residential pool pumps, pool heaters, spas, and commercial
1901	and residential appliances. The workgroup shall identify
1902	efficiency improvements that could be anticipated by
1903	implementation of new standards and the anticipated costs of
1904	implementing and enforcing the standards and shall further
1905	consider methods and processes for the regular review of new
1906	standards and implementation, if warranted. No later than March
1907	1, 2008, the department shall report to the President of the
1908	Senate and Speaker of the House of Representatives on findings
1909	of the workgroup together with any recommended statutory changes
1910	required to implement those findings.
1911	Section 46.  For the 2007-2008 fiscal year, the sum of
1912	$65,763 in nonrecurring funds is appropriated from the General
1913	Revenue Fund to the Department of Revenue for the purpose of
1914	administering the Energy-Efficient Products Sales Tax Holiday.
1915	Section 47.  For the 2007-2008 fiscal year, the sum of $20
1916	million in nonrecurring funds is appropriated from the General
1917	Revenue Fund to the University of Florida, Institute of Food and
1918	Agricultural Sciences, for the purpose of establishing a
1919	research and demonstration cellulosic ethanol plant.
1920	Section 48.  For the 2007-2008 fiscal year, the sum of $10
1921	million in nonrecurring funds is appropriated from the General
1922	Revenue Fund to the Department of Environmental Protection for
1923	the purpose of funding the Renewable Energy Technologies Grants
1924	Program authorized in s. 377.804, Florida Statutes.
1925	Section 49.  For the 2007-2008 fiscal year, the sum of $2.5
1926	million in nonrecurring funds is appropriated from the General
1927	Revenue Fund to the Department of Environmental Protection for
1928	the purpose of funding the Solar Energy System Incentives
1929	Program authorized in s. 377.806, Florida Statutes.
1930	Section 50.  For the 2007-2008 fiscal year, the sum of $40
1931	million in nonrecurring funds is appropriated from the General
1932	Revenue Fund to the Department of Agriculture and Consumer
1933	Services for the purpose of funding the Farm-to-Fuel Grants
1934	Program authorized in s. 570.957, Florida Statutes.
1935	Section 51.  For the 2007-2008 fiscal year, the sum of
1936	$100,000 in nonrecurring funds is appropriated from the General
1937	Revenue Fund to the Department of Community Affairs for the
1938	purposes of convening a workgroup to develop a model residential
1939	energy efficiency ordinance and to review the cost-effectiveness
1940	of energy efficiency measures in the construction of certain
1941	buildings.
1942	Section 52.  For the 2007-2008 fiscal year, the sum of
1943	$334,237 in nonrecurring funds is appropriated from the General
1944	Revenue Fund to the Department of Community Affairs for the
1945	purposes of developing and implementing a public awareness
1946	campaign that promotes energy efficiency and the benefits of
1947	building green.
1948	Section 53.  For the 2007-2008 fiscal year, the sum of
1949	$120,000 from the General Revenue Fund is appropriated and one
1950	full-time equivalent position is authorized to the Department of
1951	Management Services for the purposes of implementing the
1952	provisions of s. 255.252, Florida Statutes, as amended by this
1953	act.
1954	Section 54.  For the 2007-2008 fiscal year, the sum of
1955	$68,000 from the General Revenue Fund is appropriated and one
1956	full-time equivalent position is authorized to the Department of
1957	Financial Services for the purposes of implementing the
1958	provisions of s. 489.145, Florida Statutes, as amended by this
1959	act.
1960	Section 55.  This act shall take effect July 1, 2007.

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