CS/HB 7123

1	A bill to be entitled
2	An act relating to energy; creating the Energy Policy
3	Governance Task Force; providing for appointment of
4	members, for responsibilities, and for operations;
5	providing that the task force expires June 30, 2008;
6	amending s. 196.175, F.S.; revising provisions for the
7	renewable energy source exemption; excluding the assessed
8	value of certain real property for determination of such
9	exemption; amending s. 212.08, F.S.; revising the
10	definition of "ethanol"; increasing the cap on the sales
11	tax exemption for materials used in the distribution of
12	biodiesel and ethanol fuels; specifying eligible items as
13	limited to one refund; requiring a purchaser who receives
14	a refund to notify a subsequent purchaser of such refund;
15	amending s. 220.192, F.S., relating to the renewable
16	energy technologies investment tax credit; providing a
17	definition; providing for the transferability of such tax
18	credit; providing requirements and procedures therefor;
19	providing rulemaking requirements and authority; amending
20	s. 220.193, F.S.; providing a definition; providing that a
21	taxpayer's use of certain credits does not prohibit the
22	use of other authorized credits; amending s. 255.251,
23	F.S.; revising a short title; amending s. 255.252, F.S.;
24	revising criteria for energy conservation and
25	sustainability for state-owned buildings; requiring
26	buildings constructed and financed by the state to meet
27	certain environmental standards subject to approval by the
28	Department of Management Services; requiring state
29	agencies to identify state-owned buildings that are
30	suitable for guaranteed energy performance savings
31	contracts; providing requirements and procedures therefor;
32	requiring the Department of Management Services to
33	evaluate identified facilities and develop an energy
34	efficiency project schedule; providing criteria for such
35	schedule; amending s. 255.253, F.S.; providing
36	definitions; amending s. 255.254, F.S.; requiring certain
37	state-owned buildings to meet sustainable building
38	ratings; amending s. 255.255, F.S.; requiring the
39	department to adopt rules and procedures for energy
40	conservation performance guidelines based on sustainable
41	building ratings; amending s. 287.063, F.S.; requiring
42	that the term of payment for consolidated equipment
43	finance contracts may not extend beyond the anticipated
44	useful life of the equipment financed; deleting the
45	requirement that the Chief Financial Officer establish
46	criteria that prohibits a state agency from obligating an
47	annualized amount of payments for certain deferred payment
48	purchases; amending s. 287.064, F.S.; extending the period
49	of time allowed for the repayment of funds for certain
50	purchases relating to energy conservation measures;
51	requiring guaranteed energy performance savings
52	contractors to provide for the replacement or the
53	extension of the useful life of the equipment during the
54	term of a contract; amending s. 377.803, F.S.; revising
55	definitions; amending s. 377.804, F.S.; deleting
56	provisions relating to bioenergy projects under the
57	Renewable Energy Technologies Grants Program; amending s.
58	377.806, F.S.; revising rebate eligibility and application
59	requirements for solar photovoltaic systems; requiring
60	applicants to apply for rebate reservations and rebate
61	payments; providing a limitation; revising rulemaking
62	authority; creating s. 403.0874, F.S.; providing a
63	definition; directing the Department of Environmental
64	Protection to develop greenhouse gas inventories;
65	providing requirements for such inventories; authorizing
66	the department to require emission reports; requiring the
67	department to adopt rules; amending s. 403.50663, F.S.;
68	revising the requirements for notice of certain
69	informational public meetings by local governments and
70	regional planning councils relating to power plant siting;
71	amending s. 403.50665, F.S.; authorizing local governments
72	to determine incompleteness of information on certain
73	siting applications as inconsistent with land use plans
74	and zoning ordinances; revising provisions for the filing
75	of certain petitions relating to land use; amending s.
76	403.508, F.S.; revising provisions for land use
77	certification hearings relating to power plant siting;
78	amending s. 403.509, F.S.; revising provisions for the
79	final disposition of power plant siting applications;
80	amending s. 403.5113, F.S.; revising provisions relating
81	to power plant siting postcertification amendments and
82	review; amending s. 403.5115, F.S.; revising provisions
83	for public notice of activities relating to power plant
84	siting; specifying requirements for such notice; amending
85	s. 403.5252, F.S.; revising the timeframes for agencies
86	and the Department of Environmental Protection to provide
87	statements relating to the completeness of applications
88	for power plant siting certification; amending s. 403.527,
89	F.S.; revising the timeframe for the administrative law
90	judge to cancel power plant siting certification hearings
91	and relinquish jurisdiction to the Department of
92	Environmental Protection upon request by the applicant or
93	the department; amending s. 403.5271, F.S.; revising
94	provisions relating to the completeness of applications
95	for alternate corridors; amending s. 403.5272, F.S.;
96	revising the requirements for local governments and
97	regional planning councils to notice certain informational
98	public meetings; amending s. 403.5317, F.S.; revising
99	provisions for power plant siting postcertification
100	activities; amending s. 403.5363, F.S.; revising
101	provisions for public notices of power plant siting
102	certification hearings; requiring local governments and
103	regional planning councils to publish notice of certain
104	informational meetings; providing requirements for such
105	publication; amending s. 489.145, F.S.; revising
106	provisions relating to guaranteed energy performance
107	savings contracting to include energy consumption and
108	energy-related operational savings; revising provisions
109	for the financing of guaranteed energy performance savings
110	contracts; revising criteria for proposed contracts;
111	revising program administration and contract review
112	provisions; requiring that consolidated financing of
113	deferred payment commodity contracts be secured by certain
114	funds; requiring the Chief Financial Officer to review
115	proposed guaranteed energy performance savings contracts;
116	creating s. 570.957, F.S.; establishing the Farm-to-Fuel
117	Grants Program within the Department of Agriculture and
118	Consumer Services; providing definitions; specifying the
119	use of renewable energy grants for projects relating to
120	bioenergy; providing eligibility requirements; authorizing
121	the department to adopt rules; providing criteria for
122	grant award consideration; requiring the department to
123	consult with the Department of Environmental Protection,
124	the Office of Tourism, Trade, and Economic Development,
125	and certain experts when evaluating applications; creating
126	s. 570.958, F.S.; establishing the Biofuel Retail Sales
127	Incentive Program; establishing goals for replacing
128	petroleum consumption; providing definitions; providing
129	incentive payments to qualified retail dealers for
130	increases in the amount of biofuels offered for sale;
131	providing requirements and procedures therefor; creating
132	s. 570.959, F.S.; establishing the Florida Biofuel
133	Production Incentive Program; providing definitions;
134	providing incentive payments to producers of certain
135	biofuels; providing requirements and procedures therefor;
136	authorizing the Department of Agriculture and Consumer
137	Services to adopt rules; directing the Florida Building
138	Commission to convene a workgroup to develop a model
139	residential energy efficiency ordinance; requiring the
140	commission to consult with specified entities to review
141	the cost-effectiveness of energy efficiency measures in
142	the construction of residential, commercial, and
143	government buildings; requiring the commission to consult
144	with specified entities to develop and implement a public
145	awareness campaign; requiring the commission to provide
146	reports to the Legislature; requiring all county,
147	municipal, and public community college buildings to meet
148	certain energy efficiency standards for construction;
149	providing applicability; establishing standards for diesel
150	fuel purchases for use by state-owned diesel vehicles and
151	equipment to include biodiesel fuel purchase requirements;
152	establishing standards for fuel purchases for use by
153	state-owned flex-fuel vehicles to include ethanol purchase
154	requirements; establishing standards for the use of
155	biodiesel fuels by school district transportation
156	services; creating the Florida Energy, Aerospace, and
157	Technology (F.E.A.T.) Fund; requiring that certain funds
158	be deposited in the Grants and Donations Trust Fund;
159	providing requirements and procedures therefor; providing
160	for the construction and operation of a research and
161	demonstration cellulosic ethanol plant; providing
162	requirements and procedures therefor; requiring the
163	Florida Energy Commission to conduct a study and recommend
164	a renewable portfolio standard; providing requirements and
165	procedures therefor; requiring the Florida Energy
166	Commission to conduct a study to recommend the
167	establishment of an energy efficiency and solar energy
168	initiative; providing requirements and procedures
169	therefor; requiring the Public Service Commission to
170	submit a report to the Legislature on methods used to
171	evaluate the conservation goals, plans, and programs of
172	utilities subject to the Florida Energy Efficiency and
173	Conservation Act; requiring the Department of Agriculture
174	and Consumer Services to conduct a study and recommend a
175	Florida Loan Guarantee Program for cellulosic ethanol
176	facilities; requiring a report to the Legislature;
177	requiring the Department of Community Affairs to convene a
178	workgroup to identify and review certain energy
179	conservation standards for specified products; providing
180	requirements and procedures therefor; creating s.
181	1013.441, F.S.; establishing the Green Schools Pilot
182	Project to enable selected school districts to comply with
183	certain building-certification standards; defining the
184	term "additional costs"; providing for an application and
185	selection process for participation in the pilot project;
186	providing requirements for school districts to
187	participate; providing for evaluation criteria that may be
188	used during the selection process; providing for the
189	distribution of funds by the Department of Education;
190	providing for prorated distribution of funds under
191	specified circumstances; providing authority to distribute
192	excess funds for specified purposes; requiring the
193	reporting of expenditures by participating school
194	districts; authorizing inspection and evaluation of the
195	reports by the Auditor General; providing for the return
196	of improperly expended funds and of specified funds if a
197	constructed or renovated school fails to achieve specified
198	certification standards; providing that appropriated funds
199	do not revert to the General Revenue Fund; requiring a
200	report by each participating school district; providing an
201	effective date.
202
203	Be It Enacted by the Legislature of the State of Florida:
204
205	Section 1.  The Legislature finds that it is in the public
206	interest to promote alternative and renewable energy
207	technologies in this state, including alternative fuels and
208	technologies for electric power plants and motor vehicles,
209	energy conservation, distributed generation, advanced
210	transmission methods, and pollution and greenhouse gas control.
211	Both Florida and the United States in general are overly
212	dependent on foreign oil to meet the energy needs of buildings
213	and motor vehicles. Alternative and renewable energy and energy
214	conservation technologies have the potential to decrease this
215	dependency, minimize volatility of fuel cost, and improve
216	environmental conditions. In-state research, development,
217	deployment, and use of these technologies can make the state a
218	leader in new and innovative technologies and encourage
219	investment and economic development in this state.
220	(1)  The Energy Policy Governance Task Force is created to
221	recommend a unified approach to state energy policy including
222	energy conservation and research, development, and the
223	deployment of alternative and renewable energy technology. The
224	task force shall review the programs and policies of the
225	Department of Agriculture and Consumer Services, the Department
226	of Environmental Protection, the State University System, the
227	Public Service Commission, and other relevant public and
228	private-sector entities in preparing its recommendations.
229	(2)  The task force shall be composed of the following
230	members:
231	(a)  Two members appointed by the President of the Senate;
232	(b)  Two members appointed by the Speaker of the House of
233	Representative;
234	(c)  Two members appointed by the Governor;
235	(d)  The Commissioner of Agriculture or a designee;
236	(e)  The Secretary of the Department of Environmental
237	Protection or a designee;
238	(f)  A vice-president for research designated by the
239	Council of Vice-Presidents for State University Research;
240	(g)  The Chair of the Florida Energy Commission or a
241	designee;
242	(h)  The Chair of the Florida Public Service Commission or
243	a designee;
244	(i)  The Public Counsel.
245	(3)  Task force members shall be appointed no later than
246	August 1, 2007. Members shall choose a chair and vice-chair from
247	the membership of the task force.
248	(4)  In developing its recommendations, the task force
249	shall determine the appropriate approach to provide a
250	coordinated statewide effort to:
251	(a)  Promote the state as a leader in new and innovative
252	technologies and, in cooperation with Enterprise Florida, Inc.,
253	as a location for businesses having operations related to
254	alternative and renewable energy technologies;
255	(b)  Promote alternative and renewable energy technologies,
256	including alternative fuels and technologies for electric power
257	plants and motor vehicles, energy conservation, distributed
258	generation, advance transmission methods, and pollution and
259	greenhouse gas control.
260	(c)  Administer funding of matching grants for
261	demonstration, commercialization, research, and development of
262	projects relating to bioenergy and renewable energy
263	technologies;
264	(d)  Assist the state universities and the private sector
265	in determining the areas on which to focus research in
266	alternative and renewable energy technology and assist in
267	coordinating research projects among the universities and
268	relevant private-sector entities; and
269	(e)  Assist universities, other state entities, and
270	private-sector entities in raising funds from all available
271	public or private-sector sources for projects concerning
272	research, development, or deployment of alternative and
273	renewable energy technology, including projects that involve the
274	production of, improvements in, or use of alternative and
275	renewable energy technology in this state.
276	(5)  The task force shall be jointly staffed by staff
277	assigned by the Governor, the President of the Senate, and the
278	Speaker of the House of Representatives.
279	(6)  No later than February 1, 2008, the task force shall
280	submit its recommendations to the Governor, the President of the
281	Senate, and the Speaker of the House of Representatives.
282	(7)  The task force shall expire on June 30, 2008.
283	Section 2.  Section 196.175, Florida Statutes, is amended
284	to read:
285	196.175  Renewable energy source exemption.--
286	(1)  Improved real property upon which a renewable energy
287	source device is installed and operated shall be entitled to an
288	exemption in the amount of not greater than the lesser of:
289	(a)  The assessed value of such real property less any
290	other exemptions applicable under this chapter;
291	(b)  the original cost of the device, including the
292	installation cost thereof, but excluding the cost of replacing
293	previously existing property removed or improved in the course
294	of such installation; or
295	(c)  Eight percent of the assessed value of such property
296	immediately following installation.
297	(2)  The exempt amount authorized under subsection (1)
298	shall apply in full if the device was installed and operative
299	throughout the 12-month period preceding January 1 of the year
300	of application for this exemption. If the device was operative
301	for a portion of that period, the exempt amount authorized under
302	this section shall be reduced proportionally.
303	(3)  It shall be the responsibility of the applicant for an
304	exemption pursuant to this section to demonstrate affirmatively
305	to the satisfaction of the property appraiser that he or she
306	meets the requirements for exemption under this section and that
307	the original cost pursuant to paragraph (1)(b) and the period
308	for which the device was operative, as indicated on the
309	exemption application, are correct.
310	(4)  No exemption authorized pursuant to this section shall
311	be granted for a period of more than 10 years. No exemption
312	shall be granted with respect to renewable energy source devices
313	installed before July 1, 2007 January 1, 1980, or after December
314	31, 1990.
315	Section 3.  Paragraph (ccc) of subsection (7) of section
316	212.08, Florida Statutes, is amended to read:
317	212.08  Sales, rental, use, consumption, distribution, and
318	storage tax; specified exemptions.--The sale at retail, the
319	rental, the use, the consumption, the distribution, and the
320	storage to be used or consumed in this state of the following
321	are hereby specifically exempt from the tax imposed by this
322	chapter.
323	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
324	entity by this chapter do not inure to any transaction that is
325	otherwise taxable under this chapter when payment is made by a
326	representative or employee of the entity by any means,
327	including, but not limited to, cash, check, or credit card, even
328	when that representative or employee is subsequently reimbursed
329	by the entity. In addition, exemptions provided to any entity by
330	this subsection do not inure to any transaction that is
331	otherwise taxable under this chapter unless the entity has
332	obtained a sales tax exemption certificate from the department
333	or the entity obtains or provides other documentation as
334	required by the department. Eligible purchases or leases made
335	with such a certificate must be in strict compliance with this
336	subsection and departmental rules, and any person who makes an
337	exempt purchase with a certificate that is not in strict
338	compliance with this subsection and the rules is liable for and
339	shall pay the tax. The department may adopt rules to administer
340	this subsection.
341	(ccc)  Equipment, machinery, and other materials for
342	renewable energy technologies.--
343	1.  As used in this paragraph, the term:
344	a.  "Biodiesel" means the mono-alkyl esters of long-chain
345	fatty acids derived from plant or animal matter for use as a
346	source of energy and meeting the specifications for biodiesel
347	and biodiesel blends with petroleum products as adopted by the
348	Department of Agriculture and Consumer Services. Biodiesel may
349	refer to biodiesel blends designated BXX, where XX represents
350	the volume percentage of biodiesel fuel in the blend.
351	b.  "Ethanol" means an nominally anhydrous denatured
352	alcohol produced by the conversion of carbohydrates fermentation
353	of plant sugars meeting the specifications for fuel ethanol and
354	fuel ethanol blends with petroleum products as adopted by the
355	Department of Agriculture and Consumer Services. Ethanol may
356	refer to fuel ethanol blends designated EXX, where XX represents
357	the volume percentage of fuel ethanol in the blend.
358	c.  "Hydrogen fuel cells" means equipment using hydrogen or
359	a hydrogen-rich fuel in an electrochemical process to generate
360	energy, electricity, or the transfer of heat.
361	2.  The sale or use of the following in the state is exempt
362	from the tax imposed by this chapter:
363	a.  Hydrogen-powered vehicles, materials incorporated into
364	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
365	a limit of $2 million in tax each state fiscal year for all
366	taxpayers.
367	b.  Commercial stationary hydrogen fuel cells, up to a
368	limit of $1 million in tax each state fiscal year for all
369	taxpayers.
370	c.  Materials used in the distribution of biodiesel (B10-
371	B100) and ethanol (E10-100), including fueling infrastructure,
372	transportation, and storage, up to a limit of $1 million in tax
373	each state fiscal year for all taxpayers. Gasoline fueling
374	station pump retrofits for ethanol (E10-E100) distribution
375	qualify for the exemption provided in this sub-subparagraph.
376	3.  The Department of Environmental Protection shall
377	provide to the department a list of items eligible for the
378	exemption provided in this paragraph.
379	4.a.  The exemption provided in this paragraph shall be
380	available to a purchaser only through a refund of previously
381	paid taxes. Only one purchase of an eligible item is subject to
382	refund. A purchaser who has received a refund on an eligible
383	item must notify any subsequent purchaser of the item that the
384	item is no longer eligible for a refund of tax paid. This
385	notification must be provided to the purchaser on the sales
386	invoice or other proof of purchase.
387	b.  To be eligible to receive the exemption provided in
388	this paragraph, a purchaser shall file an application with the
389	Department of Environmental Protection. The application shall be
390	developed by the Department of Environmental Protection, in
391	consultation with the department, and shall require:
392	(I)  The name and address of the person claiming the
393	refund.
394	(II)  A specific description of the purchase for which a
395	refund is sought, including, when applicable, a serial number or
396	other permanent identification number.
397	(III)  The sales invoice or other proof of purchase showing
398	the amount of sales tax paid, the date of purchase, and the name
399	and address of the sales tax dealer from whom the property was
400	purchased.
401	(IV)  A sworn statement that the information provided is
402	accurate and that the requirements of this paragraph have been
403	met.
404	c.  Within 30 days after receipt of an application, the
405	Department of Environmental Protection shall review the
406	application and shall notify the applicant of any deficiencies.
407	Upon receipt of a completed application, the Department of
408	Environmental Protection shall evaluate the application for
409	exemption and issue a written certification that the applicant
410	is eligible for a refund or issue a written denial of such
411	certification within 60 days after receipt of the application.
412	The Department of Environmental Protection shall provide the
413	department with a copy of each certification issued upon
414	approval of an application.
415	d.  Each certified applicant shall be responsible for
416	forwarding a certified copy of the application and copies of all
417	required documentation to the department within 6 months after
418	certification by the Department of Environmental Protection.
419	e.  The provisions of s. 212.095 do not apply to any refund
420	application made pursuant to this paragraph. A refund approved
421	pursuant to this paragraph shall be made within 30 days after
422	formal approval by the department.
423	f.  The department may adopt all rules pursuant to ss.
424	120.536(1) and 120.54 to administer this paragraph, including
425	rules establishing forms and procedures for claiming this
426	exemption.
427	g.  The Department of Environmental Protection shall be
428	responsible for ensuring that the total amounts of the
429	exemptions authorized do not exceed the limits as specified in
430	subparagraph 2.
431	5.  The Department of Environmental Protection shall
432	determine and publish on a regular basis the amount of sales tax
433	funds remaining in each fiscal year.
434	6.  This paragraph expires July 1, 2010.
435	Section 4.  Subsection (1) of section 220.192, Florida
436	Statutes, is amended, subsection (6) is renumbered as subsection
437	(7) and amended, subsection (7) is renumbered as subsection (8),
438	and a new subsection (6) is added to that section, to read:
439	220.192  Renewable energy technologies investment tax
440	credit.--
441	(1)  DEFINITIONS.--For purposes of this section, the term:
442	(a)  "Biodiesel" means biodiesel as defined in s.
443	212.08(7)(ccc).
444	(b)  "Corporation" means a general partnership, limited
445	partnership, limited liability company, unincorporated business,
446	or other business entity in which a taxpayer owns an interest
447	and which is taxed as a partnership or is disregarded as a
448	separate entity from the taxpayer for tax purposes.
449	(c)(b)  "Eligible costs" means:
450	1.  Seventy-five percent of all capital costs, operation
451	and maintenance costs, and research and development costs
452	incurred between July 1, 2006, and June 30, 2010, up to a limit
453	of $3 million per state fiscal year for all taxpayers, in
454	connection with an investment in hydrogen-powered vehicles and
455	hydrogen vehicle fueling stations in the state, including, but
456	not limited to, the costs of constructing, installing, and
457	equipping such technologies in the state.
458	2.  Seventy-five percent of all capital costs, operation
459	and maintenance costs, and research and development costs
460	incurred between July 1, 2006, and June 30, 2010, up to a limit
461	of $1.5 million per state fiscal year for all taxpayers, and
462	limited to a maximum of $12,000 per fuel cell, in connection
463	with an investment in commercial stationary hydrogen fuel cells
464	in the state, including, but not limited to, the costs of
465	constructing, installing, and equipping such technologies in the
466	state.
467	3.  Seventy-five percent of all capital costs, operation
468	and maintenance costs, and research and development costs
469	incurred between July 1, 2006, and June 30, 2010, up to a limit
470	of $6.5 million per state fiscal year for all taxpayers, in
471	connection with an investment in the production, storage, and
472	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
473	the state, including the costs of constructing, installing, and
474	equipping such technologies in the state. Gasoline fueling
475	station pump retrofits for ethanol (E10-E100) distribution
476	qualify as an eligible cost under this subparagraph.
477	(d)(c)  "Ethanol" means ethanol as defined in s.
478	212.08(7)(ccc).
479	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
480	defined in s. 212.08(7)(ccc).
481	(6)  TRANSFERABILITY OF CREDIT.--
482	(a)  Any corporation and any subsequent transferee allowed
483	the tax credit may transfer the tax credit, in whole or in part,
484	to any taxpayer by written agreement, without the requirement of
485	transferring any ownership interest in the property generating
486	the tax credit or any interest in the entity which owns the
487	property. Transferees are entitled to apply the credits against
488	the tax with the same effect as if the transferee had incurred
489	the eligible costs.
490	(b)  To perfect the transfer, the transferor shall provide
491	a written transfer statement providing notice to the Department
492	of Revenue of the assignor's intent to transfer the tax credits
493	to the assignee, the date the transfer is effective, the
494	assignee's name, address, federal taxpayer identification number
495	and tax period, and the amount of tax credits to be transferred.
496	The Department of Revenue shall issue, upon receipt of a
497	transfer statement conforming to the requirements of this
498	section, a certificate to the assignee reflecting the tax credit
499	amounts transferred, a copy of which shall be attached to each
500	tax return by an assignee in which such tax credits are used.
501	(c)  Tax credits derived by such entities treated as
502	corporations pursuant to this section that are not transferred
503	by such entities to other taxpayers pursuant to this subsection
504	shall be passed through to the taxpayers designated as partners,
505	members, or owners, respectively, in any manner agreed to by
506	such persons, whether or not such persons are allocated or
507	allowed any portion of the federal energy tax credit with
508	respect to the eligible costs.
509	(7)(6)  RULES.--The Department of Revenue shall have the
510	authority to adopt rules relating to:
511	(a)  The forms required to claim a tax credit under this
512	section, the requirements and basis for establishing an
513	entitlement to a credit, and the examination and audit
514	procedures required to administer this section.
515	(b)  The implementation and administration of the
516	provisions allowing a transfer of tax credits, including rules
517	prescribing forms, reporting requirements, and the specific
518	procedures, guidelines, and requirements necessary for a tax
519	credit to be transferred.
520	(c)  The implementation and administration of the
521	provisions allowing a pass through of tax credits, including
522	rules prescribing forms, reporting requirements, and the
523	specific procedures, guidelines, and requirements necessary for
524	a tax credit to be passed through to an owner, member, or
525	partner.
526	(8)(7)  PUBLICATION.--The Department of Environmental
527	Protection shall determine and publish on a regular basis the
528	amount of available tax credits remaining in each fiscal year.
529	Section 5.  Paragraph (f) is added to subsection (2) and
530	paragraph (j) is added to subsection (3) of section 220.193,
531	Florida Statutes, to read:
532	220.193  Florida renewable energy production credit.--
533	(2)  As used in this section, the term:
534	(f)  "Sale" or "sold" includes the use of the electricity
535	by the producer of the electricity when such use decreases the
536	amount of electricity that would otherwise be purchased by the
537	producer thereof.
538	(3)  An annual credit against the tax imposed by this
539	section shall be allowed to a taxpayer, based on the taxpayer's
540	production and sale of electricity from a new or expanded
541	Florida renewable energy facility. For a new facility, the
542	credit shall be based on the taxpayer's sale of the facility's
543	entire electrical production. For an expanded facility, the
544	credit shall be based on the increases in the facility's
545	electrical production that are achieved after May 1, 2006.
546	(j)  A taxpayer's use of the credit granted pursuant to
547	this section shall not reduce the amount of any credit
548	authorized by s. 220.186 that would otherwise be available to
549	that taxpayer.
550	Section 6.  Section 255.251, Florida Statutes, is amended
551	to read:
552	255.251  Energy Conservation and Sustainable in Buildings
553	Act; short title.--This act shall be cited as the "Florida
554	Energy Conservation and Sustainable in Buildings Act of 1974."
555	Section 7.  Section 255.252, Florida Statutes, is amended
556	to read:
557	255.252  Findings and intent.--
558	(1)  Operating and maintenance expenditures associated with
559	energy equipment and with energy consumed in state-financed and
560	leased buildings represent a significant cost over the life of a
561	building. Energy conserved by appropriate building design not
562	only reduces the demand for energy but also reduces costs for
563	building operation. For example, commercial buildings are
564	estimated to use from 20 to 80 percent more energy than would be
565	required if energy-conserving designs were used. The size,
566	design, orientation, and operability of windows, the ratio of
567	ventilating air to air heated or cooled, the level of lighting
568	consonant with space-use requirements, the handling of occupancy
569	loads, and the ability to zone off areas not requiring
570	equivalent levels of heating or cooling are but a few of the
571	considerations necessary to conserving energy.
572	(2)  Significant efforts are needed to build energy-
573	efficient state-owned buildings that meet environmental
574	standards underway by the General Services Administration, the
575	National Institute of Standards and Technology, and others to
576	detail the considerations and practices for energy conservation
577	in buildings. Most important is that energy-efficient designs
578	provide energy savings over the life of the building structure.
579	Conversely, energy-inefficient designs cause excess and wasteful
580	energy use and high costs over that life. With buildings lasting
581	many decades and with energy costs escalating rapidly, it is
582	essential that the costs of operation and maintenance for
583	energy-using equipment and sustainable materials be included in
584	all design proposals for state-owned state buildings.
585	(3)  In order that such energy-efficiency and sustainable
586	materials considerations become a function of building design,
587	and also a model for future application in the private sector,
588	it shall be the policy of the state that buildings constructed
589	and financed by the state be designed and constructed to meet
590	the United States Green Building Council (USGBC) Leadership in
591	Energy and Environmental Design (LEED) rating system, Green
592	Building Initiative's Green Globes rating system, or a
593	nationally recognized, high-performance green building rating
594	system as approved by the department in a manner which will
595	minimize the consumption of energy used in the operation and
596	maintenance of such buildings. It is further the policy of the
597	state, when economically feasible, to retrofit existing state-
598	owned buildings in a manner that which will minimize the
599	consumption of energy used in the operation and maintenance of
600	such buildings.
601	(4)  In addition to designing and constructing new
602	buildings to be energy efficient energy-efficient, it shall be
603	the policy of the state to operate, maintain, and renovate
604	existing state-owned state facilities, or provide for their
605	renovation, in a manner that which will minimize energy
606	consumption and maximize their sustainability as well as ensure
607	that facilities leased by the state are operated so as to
608	minimize energy use. Agencies are encouraged to consider shared
609	savings financing of such energy projects, using contracts that
610	which split the resulting savings for a specified period of time
611	between the agency and the private firm or cogeneration
612	contracts which otherwise permit the state to lower its energy
613	costs. Such energy contracts may be funded from the operating
614	budget.
615	(5)  Each state agency must identify and compile a list of
616	all state-owned buildings within its inventory that it
617	determines are suitable for a guaranteed energy performance
618	savings contract pursuant to s. 489.145. Such list shall be
619	submitted to the Department of Management Services by December
620	31, 2007, and shall include any criteria used to determine
621	suitability. The list of suitable buildings shall be developed
622	from the list of state-owned facilities over 5,000 square feet
623	in area and for which the agency is responsible for paying the
624	expenses of utilities and other operating expenses as they
625	relate to energy use. In consultation with each department
626	secretary or director, by March 1, 2008, the Department of
627	Management Services shall evaluate each agency's facilities
628	suitable for energy conservation projects and shall develop an
629	energy efficiency project schedule based on factors such as
630	project magnitude, efficiency and effectiveness of energy
631	conservation measures to be implemented, and other factors that
632	may prove to be advantageous to pursue. Such schedule shall
633	provide the deadline for guaranteed energy performance savings
634	contract improvements to be made to the state-owned buildings.
635	Section 8.  Subsections (6) and (7) are added to section
636	255.253, Florida Statutes, to read:
637	255.253  Definitions; ss. 255.251-255.258.--
638	(6)  "Sustainable building" means a building that is
639	healthy and comfortable for its occupants and is economical to
640	operate while conserving resources, including energy, water, raw
641	materials, and land, and minimizing the generation of toxic
642	materials and waste in its design, construction, landscaping,
643	and operation.
644	(7)  "Sustainable building rating" means a rating
645	established by the United States Green Building Council (USGBC)
646	Leadership in Energy and Environmental Design (LEED) rating
647	system, Green Building Initiative's Green Globes rating system,
648	or a nationally recognized, high-performance green building
649	rating system as approved by the department.
650	Section 9.  Section 255.254, Florida Statutes, is amended
651	to read:
652	255.254  No facility constructed or leased without life-
653	cycle costs.--
654	(1)  No state agency shall lease, construct, or have
655	constructed, within limits prescribed herein, a facility without
656	having secured from the department an a proper evaluation of
657	life-cycle costs based on sustainable building ratings, as
658	computed by an architect or engineer. Furthermore, construction
659	shall proceed only upon disclosing, for the facility chosen, the
660	life-cycle costs as determined in s. 255.255, its sustainable
661	building rating goal, and the capitalization of the initial
662	construction costs of the building. The life-cycle costs shall
663	be a primary consideration in the selection of a building design
664	in addition to its sustainable building rating goal. Such
665	analysis shall be required only for construction of buildings
666	with an area of 5,000 square feet or greater. For leased
667	buildings 5,000 square feet or greater areas of 20,000 square
668	feet or greater within a given building boundary, an energy
669	performance analysis a life-cycle analysis shall be performed,
670	and a lease shall only be made where there is a showing that the
671	energy life-cycle costs incurred by the state are minimal
672	compared to available like facilities.
673	(2)  On and after January 1, 1979, no state agency shall
674	initiate construction or have construction initiated, prior to
675	approval thereof by the department, on a facility or self-
676	contained unit of any facility, the design and construction of
677	which incorporates or contemplates the use of an energy system
678	other than a solar energy system when the life-cycle costs
679	analysis prepared by the department has determined that a solar
680	energy system is the most cost-efficient energy system for the
681	facility or unit.
682	(3)  After September 30, 1985, when any state agency must
683	replace or supplement major items of energy-consuming equipment
684	in existing state-owned or leased facilities or any self-
685	contained unit of any facility with other major items of energy-
686	consuming equipment, the selection of such items shall be made
687	on the basis of a life-cycle cost analysis of alternatives in
688	accordance with rules promulgated by the department under s.
689	255.255.
690	Section 10.  Subsection (1) of section 255.255, Florida
691	Statutes, is amended to read:
692	255.255  Life-cycle costs.--
693	(1)  The department shall promulgate rules and procedures,
694	including energy conservation performance guidelines based on
695	sustainable building ratings, for conducting a life-cycle cost
696	analysis of alternative architectural and engineering designs
697	and alternative major items of energy-consuming equipment to be
698	retrofitted in existing state-owned or leased facilities and for
699	developing energy performance indices to evaluate the efficiency
700	of energy utilization for competing designs in the construction
701	of state-financed and leased facilities.
702	Section 11.  Paragraph (b) of subsection (2) and subsection
703	(5) of section 287.063, Florida Statutes, are amended to read:
704	287.063  Deferred-payment commodity contracts; preaudit
705	review.--
706	(b)  The Chief Financial Officer shall establish, by rule,
707	criteria for approving purchases made under deferred-payment
708	contracts which require the payment of interest. Criteria shall
709	include, but not be limited to, the following provisions:
710	1.  No contract shall be approved in which interest exceeds
711	the statutory ceiling contained in this section. However, the
712	interest component of any master equipment financing agreement
713	entered into for the purpose of consolidated financing of a
714	deferred-payment, installment sale, or lease-purchase shall be
715	deemed to comply with the interest rate limitation of this
716	section so long as the interest component of every interagency
717	agreement under such master equipment financing agreement
718	complies with the interest rate limitation of this section.
719	2.  No deferred-payment purchase for less than $30,000
720	shall be approved, unless it can be satisfactorily demonstrated
721	and documented to the Chief Financial Officer that failure to
722	make such deferred-payment purchase would adversely affect an
723	agency in the performance of its duties.  However, the Chief
724	Financial Officer may approve any deferred-payment purchase if
725	the Chief Financial Officer determines that such purchase is
726	economically beneficial to the state.
727	3.  No agency shall obligate an annualized amount of
728	payments for deferred-payment purchases in excess of current
729	operating capital outlay appropriations, unless specifically
730	authorized by law or unless it can be satisfactorily
731	demonstrated and documented to the Chief Financial Officer that
732	failure to make such deferred-payment purchase would adversely
733	affect an agency in the performance of its duties.
734	3.4.  No contract shall be approved which extends payment
735	beyond 5 years, unless it can be satisfactorily demonstrated and
736	documented to the Chief Financial Officer that failure to make
737	such deferred-payment purchase would adversely affect an agency
738	in the performance of its duties. The payment term may not
739	exceed the useful life of the equipment unless the contract
740	provides for the replacement or the extension of the useful life
741	of the equipment during the term of the loan.
742	(5)  For purposes of this section, the annualized amount of
743	any such deferred payment commodity contract must be supported
744	from available recurring funds appropriated to the agency in an
745	appropriation category, other than the expense appropriation
746	category as defined in chapter 216, that the Chief Financial
747	Officer has determined is appropriate or that the Legislature
748	has designated for payment of the obligation incurred under this
749	section.
750	Section 12.  Subsections (10) and (11) of section 287.064,
751	Florida Statutes, are amended to read:
752	287.064  Consolidated financing of deferred-payment
753	purchases.--
754	(10)  Costs incurred pursuant to a guaranteed energy
755	performance savings contract, including the cost of energy
756	conservation measures, each as defined in s. 489.145, may be
757	financed pursuant to a master equipment financing agreement;
758	however, the costs of training, operation, and maintenance may
759	not be financed. The period of time for repayment of the funds
760	drawn pursuant to the master equipment financing agreement under
761	this subsection may exceed 5 years but may not exceed 20 10
762	years for energy conservation measures pursuant to s. 489.145,
763	excluding the costs of training, operation, and maintenance. The
764	guaranteed energy performance savings contractor shall provide
765	for the replacement or the extension of the useful life of the
766	equipment during the term of the contract.
767	(11)  For purposes of consolidated financing of deferred
768	payment commodity contracts under this section by a state
769	agency, the annualized amount of any such contract must be
770	supported from available recurring funds appropriated to the
771	agency in an appropriation category, other than the expense
772	appropriation category as defined in chapter 216, that the Chief
773	Financial Officer has determined is appropriate or that the
774	Legislature has designated for payment of the obligation
775	incurred under this section.
776	Section 13.  Subsection (2) of section 377.803, Florida
777	Statutes, is amended, and subsections (3) through (10) of that
778	section are renumbered as subsections (2) through (9),
779	respectively, to read:
780	377.803  Definitions.--As used in ss. 377.801-377.806, the
781	term:
782	(2)  "Approved metering equipment" means a device capable
783	of measuring the energy output of a solar thermal system that
784	has been approved by the commission.
785	Section 14.  Subsection (6) of section 377.804, Florida
786	Statutes, is amended to read:
787	377.804  Renewable Energy Technologies Grants Program.--
788	(6)  The department shall coordinate and actively consult
789	with the Department of Agriculture and Consumer Services during
790	the review and approval process of grants relating to bioenergy
791	projects for renewable energy technology, and the departments
792	shall jointly determine the grant awards to these bioenergy
793	projects. No grant funding shall be awarded to any bioenergy
794	project without such joint approval. Factors for consideration
795	in awarding grants may include, but are not limited to, the
796	degree to which:
797	(a)  The project stimulates in-state capital investment and
798	economic development in metropolitan and rural areas, including
799	the creation of jobs and the future development of a commercial
800	market for bioenergy.
801	(b)  The project produces bioenergy from Florida-grown
802	crops or biomass.
803	(c)  The project demonstrates efficient use of energy and
804	material resources.
805	(d)  The project fosters overall understanding and
806	appreciation of bioenergy technologies.
807	(e)  Matching funds and in-kind contributions from an
808	applicant are available.
809	(f)  The project duration and the timeline for expenditures
810	are acceptable.
811	(g)  The project has a reasonable assurance of enhancing
812	the value of agricultural products or will expand agribusiness
813	in the state.
814	(h)  Preliminary market and feasibility research has been
815	conducted by the applicant or others and shows there is a
816	reasonable assurance of a potential market.
817	Section 15.  Subsections (2) and (3) of section 377.806,
818	Florida Statutes, are amended, present subsection (6) is
819	renumbered as subsection (7), present subsection (7) is
820	renumbered as subsection (8) and amended, and a new subsection
821	(6) is added to that section, to read:
822	377.806  Solar Energy System Incentives Program.--
823	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
824	(a)  Eligibility requirements.--A solar photovoltaic system
825	qualifies for a rebate if:
826	1.  The system is installed by a state-licensed master
827	electrician, electrical contractor, or solar contractor.
828	2.  The system complies with state interconnection
829	standards as provided by the commission.
830	3.  The system complies with all applicable building codes
831	as defined by the local jurisdictional authority.
832	(b)  Rebate amounts.--The rebate amount shall be set at $4
833	per watt based on the total wattage rating of the system. The
834	maximum allowable rebate per solar photovoltaic system
835	installation shall be as follows:
836	1.  Twenty thousand dollars for a residence.
837	2.  One hundred thousand dollars for a place of business, a
838	publicly owned or operated facility, or a facility owned or
839	operated by a private, not-for-profit organization, including
840	condominiums or apartment buildings.
841	(c)  Application.--To be eligible to receive a rebate,
842	applicants must file with the department a preapplication form
843	demonstrating that the planned system will meet applicable
844	requirements of this section. The department shall review the
845	preapplication to determine if it complies with the requirements
846	of this section, shall notify the applicant within 30 days after
847	receipt of the preapplication that the preapplication has been
848	received and meets such requirements, and shall reserve funding
849	for the preapplication for up to 90 days following the date of
850	issuance of notification to the applicant. Within 90 days after
851	the purchase of the solar photovoltaic system, the applicant
852	must submit to the department a separate application for a
853	rebate payment.
854	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
855	(a)  Eligibility requirements.--A solar thermal system
856	qualifies for a rebate if:
857	1.  The system is installed by a state-licensed solar or
858	plumbing contractor.
859	2.  The system complies with all applicable building codes
860	as defined by the local jurisdictional authority.
861	(b)  Rebate amounts.--Authorized rebates for installation
862	of solar thermal systems shall be as follows:
863	1.  Five hundred dollars for a residence.
864	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
865	for a place of business, a publicly owned or operated facility,
866	or a facility owned or operated by a private, not-for-profit
867	organization, including condominiums or apartment buildings. Btu
868	must be verified by approved metering equipment.
869	(6)  LIMITATION.--Rebates are limited to one type of system
870	per resident per state fiscal year.
871	(8)(7)  RULES.--The department shall adopt rules pursuant
872	to ss. 120.536(1) and 120.54 to develop rebate applications for
873	rebate reservations and rebate payments and administer the
874	issuance of rebates.
875	Section 16.  Section 403.0874, Florida Statutes, is created
876	to read:
877	403.0874  Greenhouse gas inventories.--
878	(1)  "Greenhouse gases" means gases that trap heat in the
879	atmosphere. The principal greenhouse gases are: carbon dioxide
880	(CO2), methane (CH4), nitrous oxide (N2O), and fluorinated gases
881	(such as hydrofluorocarbons, perfluorocarbons, and sulfur
882	hexafluoride).
883	(2)  The department shall develop greenhouse gas
884	inventories that account for annual greenhouse gases emitted to
885	and removed from the atmosphere, and forecast gases emitted and
886	removed, for all major greenhouse gases, for time periods
887	determined sufficient by the department to provide for adequate
888	analysis and planning. The inventory shall also include
889	greenhouse gas emissions which are considered carbon neutral
890	through the use of renewable energy as defined in s.
891	366.91(2)(a).
892	(3)  By rule, the department shall define which greenhouse
893	gases are to be included in each inventory, the criteria for
894	defining major emitters, which emitters must report emissions,
895	and what methodologies shall be used to estimate gases emitted
896	and removed from those not required to report.
897	(4)  The department is authorized to require all major
898	emitters of defined greenhouse gases to report emissions
899	according to methodologies and reporting systems approved by the
900	department and established by rule, which may include the use of
901	quality-assured data from continuous emissions monitoring
902	systems.
903	Section 17.  Subsection (3) of section 403.50663, Florida
904	Statutes, is amended to read:
905	403.50663  Informational public meetings.--
906	(3)  A local government or regional planning council that
907	intends to conduct an informational public meeting must provide
908	notice of the meeting to all parties not less than 15 5 days
909	prior to the meeting and to the general public, in accordance
910	with the provisions of s. 403.5115(5).
911	Section 18.  Subsections (2), (3), and (4) of section
912	403.50665, Florida Statutes, are amended to read:
913	403.50665  Land use consistency.--
914	(2)  Within 45 days after the filing of the application,
915	each local government shall file a determination with the
916	department, the applicant, the administrative law judge, and all
917	parties on the consistency of the site or any directly
918	associated facilities with existing land use plans and zoning
919	ordinances that were in effect on the date the application was
920	filed, based on the information provided in the application. The
921	local government may issue its determination up to 35 days later
922	if the local government has requested additional information on
923	land use and zoning consistency as part of the local
924	government's statement on completeness of the application
925	submitted pursuant to s. 403.5066(1)(a). Incompleteness of
926	information necessary for a local government to evaluate an
927	application may be claimed by the local government as cause for
928	a statement of inconsistency with existing land use plans and
929	zoning ordinances. Notice of the consistency determination shall
930	be published in accordance with the requirements of s. 403.5115.
931	(3)  If the local government issues a determination that
932	the proposed electrical power plant is not consistent or in
933	compliance with local land use plans and zoning ordinances, the
934	applicant may apply to the local government for the necessary
935	local approval to address the inconsistencies in the local
936	government's determination. If the applicant makes such an
937	application to the local government, the time schedules under
938	this act shall be tolled until the local government issues its
939	revised determination on land use and zoning or the applicant
940	otherwise withdraws its application to the local government. If
941	the applicant applies to the local government for necessary
942	local land use or zoning approval, the local government shall
943	issue a revised determination within 30 days following the
944	conclusion of any that local proceeding held by the local
945	government to consider the application for land use or zoning
946	approval, and the time schedules and notice requirements under
947	this act shall apply to such revised determination.
948	(4)  If any substantially affected person wishes to dispute
949	the local government's determination, he or she shall file a
950	petition with the designated administrative law judge department
951	within 21 days after the publication of notice of the local
952	government's determination. If a hearing is requested, the
953	provisions of s. 403.508(1) shall apply.
954	Section 19.  Paragraph (a) of subsection (1) and paragraph
955	(a) of subsection (2) of section 403.508, Florida Statutes, are
956	amended to read:
957	403.508  Land use and certification hearings, parties,
958	participants.--
959	(1)(a)  Within 5 days after the filing of If a petition for
960	a hearing on land use has been filed pursuant to s. 403.50665,
961	the designated administrative law judge shall schedule conduct a
962	land use hearing to be conducted in the county of the proposed
963	site or directly associated facility, as applicable, as
964	expeditiously as possible, but not later than 30 days after the
965	department's receipt of the petition. The place of such hearing
966	shall be as close as possible to the proposed site or directly
967	associated facility. If a petition is filed, the hearing shall
968	be held regardless of the status of the completeness of the
969	application. However, incompleteness of information necessary
970	for a local government to evaluate an application may be claimed
971	by the local government as cause for a statement of
972	inconsistency with existing land use plans and zoning ordinances
973	under s. 403.50665.
974	(2)(a)  A certification hearing shall be held by the
975	designated administrative law judge no later than 265 days after
976	the application is filed with the department. The certification
977	hearing shall be held at a location in proximity to the proposed
978	site. At the conclusion of the certification hearing, the
979	designated administrative law judge shall, after consideration
980	of all evidence of record, submit to the board a recommended
981	order no later than 45 days after the filing of the hearing
982	transcript.
983	Section 20.  Subsection (5) of section 403.509, Florida
984	Statutes, is amended to read:
985	403.509  Final disposition of application.--
986	(5)  For certifications issued by the board in regard to
987	the properties and works of any agency which is a party to the
988	certification hearing, the board shall have the authority to
989	decide issues relating to the use, the connection thereto, or
990	the crossing thereof, for the electrical power plant and
991	directly associated facilities and to direct any such agency to
992	execute, within 30 days after the entry of certification, the
993	necessary license or easement for such use, connection, or
994	crossing, subject only to the conditions set forth in such
995	certification. For certifications issued by the department in
996	regard to the properties and works of any agency which is a
997	party to the proceeding, any stipulation filed pursuant to s.
998	403.508(6)(a) must include a stipulation regarding any issues
999	relating to the use, the connection thereto, or the crossing
1000	thereof, for the electrical power plant and directly associated
1001	facilities. Any agency stipulating to the use, connection to, or
1002	crossing of its property must agree to execute, within 30 days
1003	after the entry of certification, the necessary license or
1004	easement for such use, connection, or crossing, subject only to
1005	the conditions set forth in such certification.
1006	Section 21.  Section 403.5113, Florida Statutes, is amended
1007	to read:
1008	403.5113  Postcertification amendments and review.--
1009	(1)  POSTCERTIFICATION AMENDMENTS.--
1010	(a)  If, subsequent to certification by the board, a
1011	licensee proposes any material change to the application and
1012	revisions or amendments thereto, as certified, the licensee
1013	shall submit a written request for amendment and a description
1014	of the proposed change to the application to the department.
1015	Within 30 days after the receipt of the request for the
1016	amendment, the department shall determine whether the proposed
1017	change to the application requires a modification of the
1018	conditions of certification.
1019	(b)(2)  If the department concludes that the change would
1020	not require a modification of the conditions of certification,
1021	the department shall provide written notification of the
1022	determination on approval of the proposed amendment to the
1023	licensee, all agencies, and all other parties.
1024	(c)(3)  If the department concludes that the change would
1025	require a modification of the conditions of certification, the
1026	department shall provide written notification to the licensee
1027	that the proposed change to the application requires a request
1028	for modification pursuant to s. 403.516.
1029	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
1030	submittals filed by the licensee with one or more agencies are
1031	for the purpose of monitoring for compliance with the issued
1032	certification and must be reviewed by the agencies on an
1033	expedited and priority basis because each facility certified
1034	under this act is a critical infrastructure facility. In no
1035	event shall a postcertification review be completed in more than
1036	90 days after complete information is submitted to the reviewing
1037	agencies.
1038	Section 22.  Section 403.5115, Florida Statutes, is amended
1039	to read:
1040	403.5115  Public notice.--
1041	(1)  The following notices are to be published by the
1042	applicant for all applications:
1043	(a)  Notice of the filing of a notice of intent under s.
1044	403.5063, which shall be published within 21 days after the
1045	filing of the notice. The notice shall be published as specified
1046	by subsection (2), except that the newspaper notice shall be
1047	one-fourth page in size in a standard size newspaper or one-half
1048	page in size in a tabloid size newspaper.
1049	(b)  Notice of filing of the application, which shall
1050	include a description of the proceedings required by this act,
1051	within 21 days after the date of the application filing. Such
1052	notice shall give notice of the provisions of s. 403.511(1) and
1053	(2).
1054	(c)  If applicable, notice of the land use determination
1055	made pursuant to s. 403.50665(1) within 21 days after the
1056	determination is filed.
1057	(d)  If applicable, notice of the land use hearing, which
1058	shall be published as specified in subsection (2), no later than
1059	15 days before the hearing.
1060	(e)  Notice of the certification hearing and notice of the
1061	deadline for filing notice of intent to be a party, which shall
1062	be published as specified in subsection (2), at least 65 days
1063	before the date set for the certification hearing.
1064	(f)  Notice of the cancellation of the certification
1065	hearing, if applicable, no later than 3 days before the date of
1066	the originally scheduled certification hearing.
1067	(g)  Notice of modification when required by the
1068	department, based on whether the requested modification of
1069	certification will significantly increase impacts to the
1070	environment or the public. Such notice shall be published as
1071	specified under subsection (2):
1072	1.  Within 21 days after receipt of a request for
1073	modification. The newspaper notice shall be of a size as
1074	directed by the department commensurate with the scope of the
1075	modification.
1076	2.  If a hearing is to be conducted in response to the
1077	request for modification, then notice shall be published no
1078	later than 30 days before the hearing.
1079	(h)  Notice of a supplemental application, which shall be
1080	published as specified in paragraph (b) and subsection (2).
1081	(i)  Notice of existing site certification pursuant to s.
1082	403.5175. Notices shall be published as specified in paragraph
1083	(b) and subsection (2).
1084	(2)  Notices provided by the applicant shall be published
1085	in newspapers of general circulation within the county or
1086	counties in which the proposed electrical power plant will be
1087	located. The newspaper notices shall be at least one-half page
1088	in size in a standard size newspaper or a full page in a tabloid
1089	size newspaper. These notices shall include a map generally
1090	depicting the project and all associated facilities corridors. A
1091	newspaper of general circulation shall be the newspaper which
1092	has the largest daily circulation in that county and has its
1093	principal office in that county. If the newspaper with the
1094	largest daily circulation has its principal office outside the
1095	county, the notices shall appear in both the newspaper having
1096	the largest circulation in that county and in a newspaper
1097	authorized to publish legal notices in that county.
1098	(3)  All notices published by the applicant shall be paid
1099	for by the applicant and shall be in addition to the application
1100	fee.
1101	(4)  The department shall arrange for publication of the
1102	following notices in the manner specified by chapter 120 and
1103	provide copies of those notices to any persons who have
1104	requested to be placed on the departmental mailing list for this
1105	purpose for each case for which an application has been received
1106	by the department:
1107	(a)  Notice of the filing of the notice of intent within 15
1108	days after receipt of the notice.
1109	(b)  Notice of the filing of the application, no later than
1110	21 days after the application filing.
1111	(c)  Notice of the land use determination made pursuant to
1112	s. 403.50665(1) within 21 days after the determination is filed.
1113	(d)  Notice of the land use hearing before the
1114	administrative law judge, if applicable, no later than 15 days
1115	before the hearing.
1116	(e)  Notice of the land use hearing before the board, if
1117	applicable.
1118	(f)  Notice of the certification hearing at least 45 days
1119	before the date set for the certification hearing.
1120	(g)  Notice of the cancellation of the certification
1121	hearing, if applicable, no later than 3 days prior to the date
1122	of the originally scheduled certification hearing.
1123	(h)  Notice of the hearing before the board, if applicable.
1124	(i)  Notice of stipulations, proposed agency action, or
1125	petitions for modification.
1126	(5)  A local government or regional planning council that
1127	proposes to conduct an informational public meeting pursuant to
1128	s. 403.50663 must publish notice of the meeting in a newspaper
1129	of general circulation within the county or counties in which
1130	the proposed electrical power plant will be located no later
1131	than 7 days prior to the meeting. A newspaper of general
1132	circulation shall be the newspaper which has the largest daily
1133	circulation in that county and has its principal office in that
1134	county. If the newspaper with the largest daily circulation has
1135	its principal office outside the county, the notices shall
1136	appear in both the newspaper having the largest circulation in
1137	that county and in a newspaper authorized to publish legal
1138	notices in that county.
1139	Section 23.  Subsection (1) of section 403.5252, Florida
1140	Statutes, is amended to read:
1141	403.5252  Determination of completeness.--
1142	(1)(a)  Within 30 days after the filing distribution of an
1143	application, the affected agencies shall file a statement with
1144	the department containing the recommendations of each agency
1145	concerning the completeness of the application for
1146	certification.
1147	(b)  Within 37 7 days after the filing receipt of the
1148	application completeness statements of each agency, the
1149	department shall file a statement with the Division of
1150	Administrative Hearings, with the applicant, and with all
1151	parties declaring its position with regard to the completeness
1152	of the application. The statement of the department shall be
1153	based upon its consultation with the affected agencies.
1154	Section 24.  Paragraph (a) of subsection (6) of section
1155	403.527, Florida Statutes, is amended to read:
1156	403.527  Certification hearing, parties, participants.--
1157	(6)(a)  No later than 29 25 days before the certification
1158	hearing, the department or the applicant may request that the
1159	administrative law judge cancel the certification hearing and
1160	relinquish jurisdiction to the department if all parties to the
1161	proceeding stipulate that there are no disputed issues of
1162	material fact or law to be raised at the certification hearing.
1163	Section 25.  Paragraph (e) of subsection (1) of section
1164	403.5271, Florida Statutes, is amended to read:
1165	403.5271  Alternate corridors.--
1166	(1)  No later than 45 days before the originally scheduled
1167	certification hearing, any party may propose alternate
1168	transmission line corridor routes for consideration under the
1169	provisions of this act.
1170	(e)1.  Reviewing agencies shall advise the department of
1171	any issues concerning completeness no later than 15 days after
1172	the submittal of the data required by paragraph (d). Within 22
1173	days after receipt of the data, the department shall issue a
1174	determination of completeness.
1175	2.  If the department determines that the data required by
1176	paragraph (d) is not complete, the party proposing the alternate
1177	corridor must file such additional data to correct the
1178	incompleteness. This additional data must be submitted within 14
1179	days after the determination by the department.
1180	3.  Reviewing agencies may advise the department of any
1181	issues concerning completeness of the additional data within 10
1182	days after the filing by the party proposing the alternate
1183	corridor. If the department, within 14 days after receiving the
1184	additional data, determines that the data remains incomplete,
1185	the incompleteness of the data is deemed a withdrawal of the
1186	proposed alternate corridor. The department may make its
1187	determination based on recommendations made by other affected
1188	agencies.
1189	Section 26.  Subsection (3) of section 403.5272, Florida
1190	Statutes, is amended to read:
1191	403.5272  Informational public meetings.--
1192	(3)  A local government or regional planning council that
1193	intends to conduct an informational public meeting must provide
1194	notice of the meeting, with notice sent to all parties listed in
1195	s. 403.527(2)(a), not less than 15 5 days before the meeting, to
1196	the general public, in accordance with the provisions of s.
1197	403.5363(4).
1198	Section 27.  Paragraph (b) of subsection (1) of section
1199	403.5317, Florida Statutes, is amended to read:
1200	403.5317  Postcertification activities.--
1201	(1)
1202	(b)  If the department concludes that the change would not
1203	require a modification of the conditions of certification, the
1204	department shall notify, in writing, the licensee, all agencies,
1205	and all parties of the determination on approval of the
1206	amendment.
1207	Section 28.  Paragraph (c) of subsection (3) of section
1208	403.5363, Florida Statutes, is amended, and subsection (4) is
1209	added to that section, to read:
1210	403.5363  Public notices; requirements.--
1211	(3)  The department shall arrange for the publication of
1212	the following notices in the manner specified by chapter 120:
1213	(c)  The notice of the cancellation of a certification
1214	hearing, if applicable. The notice must be published not later
1215	than 3 7 days before the date of the originally scheduled
1216	certification hearing.
1217	(4)  A local government or regional planning council that
1218	proposes to conduct an informational public meeting pursuant to
1219	s. 403.5272 must publish notice of the meeting in a newspaper of
1220	general circulation within the county or counties in which the
1221	proposed electrical transmission line will be located no later
1222	than 7 days prior to the meeting. A newspaper of general
1223	circulation shall be the newspaper which has the largest daily
1224	circulation in that county and has its principal office in that
1225	county. If the newspaper with the largest daily circulation has
1226	its principal office outside the county, the notices shall
1227	appear in both the newspaper having the largest circulation in
1228	that county and in a newspaper authorized to publish legal
1229	notices in that county.
1230	Section 29.  Section 489.145, Florida Statutes, is amended
1231	to read:
1232	489.145  Guaranteed energy performance savings
1233	contracting.--
1234	(1)  SHORT TITLE.--This section may be cited as the
1235	"Guaranteed Energy Performance Savings Contracting Act."
1236	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
1237	investment in energy conservation measures in agency facilities
1238	can reduce the amount of energy consumed and produce immediate
1239	and long-term savings. It is the policy of this state to
1240	encourage agencies to invest in energy conservation measures
1241	that reduce energy consumption, produce a cost savings for the
1242	agency, and improve the quality of indoor air in public
1243	facilities and to operate, maintain, and, when economically
1244	feasible, build or renovate existing agency facilities in such a
1245	manner as to minimize energy consumption and maximize energy
1246	savings. It is further the policy of this state to encourage
1247	agencies to reinvest any energy savings resulting from energy
1248	conservation measures in additional energy conservation efforts.
1249	(3)  DEFINITIONS.--As used in this section, the term:
1250	(a)  "Agency" means the state, a municipality, or a
1251	political subdivision.
1252	(b)  "Energy conservation measure" means a training
1253	program, facility alteration, or an equipment purchase to be
1254	used in new construction, including an addition to an existing
1255	facility, which reduces energy or energy-related operating costs
1256	and includes, but is not limited to:
1257	1.  Insulation of the facility structure and systems within
1258	the facility.
1259	2.  Storm windows and doors, caulking or weatherstripping,
1260	multiglazed windows and doors, heat-absorbing, or heat-
1261	reflective, glazed and coated window and door systems,
1262	additional glazing, reductions in glass area, and other window
1263	and door system modifications that reduce energy consumption.
1264	3.  Automatic energy control systems.
1265	4.  Heating, ventilating, or air-conditioning system
1266	modifications or replacements.
1267	5.  Replacement or modifications of lighting fixtures to
1268	increase the energy efficiency of the lighting system, which, at
1269	a minimum, must conform to the applicable state or local
1270	building code.
1271	6.  Energy recovery systems.
1272	7.  Cogeneration systems that produce steam or forms of
1273	energy such as heat, as well as electricity, for use primarily
1274	within a facility or complex of facilities.
1275	8.  Energy conservation measures that reduce Btu, kW, or
1276	kWh consumed or provide long-term operating cost reductions or
1277	significantly reduce Btu consumed.
1278	9.  Renewable energy systems, such as solar, biomass, or
1279	wind systems.
1280	10.  Devices that reduce water consumption or sewer
1281	charges.
1282	11.  Storage systems, such as fuel cells and thermal
1283	storage.
1284	12.  Generating technologies, such as microturbines.
1285	13.  Any other repair, replacement, or upgrade of existing
1286	equipment.
1287	(c)  "Energy cost savings" means a measured reduction in
1288	the cost of fuel, energy consumption, and stipulated operation
1289	and maintenance created from the implementation of one or more
1290	energy conservation measures when compared with an established
1291	baseline for the previous cost of fuel, energy consumption, and
1292	stipulated operation and maintenance.
1293	(d)  "Guaranteed energy performance savings contract" means
1294	a contract for the evaluation, recommendation, and
1295	implementation of energy conservation measures or energy-related
1296	operational saving measures, which, at a minimum, shall include:
1297	1.  The design and installation of equipment to implement
1298	one or more of such measures and, if applicable, operation and
1299	maintenance of such measures.
1300	2.  The amount of any actual annual savings that meet or
1301	exceed total annual contract payments made by the agency for the
1302	contract and may include allowable cost avoidance. As used in
1303	this section, allowable cost avoidance calculations include, but
1304	are not limited to, avoided provable budgeted costs contained in
1305	a capital replacement plan less the current undepreciated value
1306	of replaced equipment and the replacement cost of the new
1307	equipment.
1308	3.  The finance charges incurred by the agency over the
1309	life of the contract.
1310	(e)  "Guaranteed energy performance savings contractor"
1311	means a person or business that is licensed under chapter 471,
1312	chapter 481, or this chapter, and is experienced in the
1313	analysis, design, implementation, or installation of energy
1314	conservation measures through energy performance contracts.
1315	(4)  PROCEDURES.--
1316	(a)  An agency may enter into a guaranteed energy
1317	performance savings contract with a guaranteed energy
1318	performance savings contractor to significantly reduce energy
1319	consumption or energy-related operating costs of an agency
1320	facility through one or more energy conservation measures.
1321	(b)  Before design and installation of energy conservation
1322	measures, the agency must obtain from a guaranteed energy
1323	performance savings contractor a report that summarizes the
1324	costs associated with the energy conservation measures or
1325	energy-related operational cost saving measures and provides an
1326	estimate of the amount of the energy cost savings. The agency
1327	and the guaranteed energy performance savings contractor may
1328	enter into a separate agreement to pay for costs associated with
1329	the preparation and delivery of the report; however, payment to
1330	the contractor shall be contingent upon the report's projection
1331	of energy or operational cost savings being equal to or greater
1332	than the total projected costs of the design and installation of
1333	the report's energy conservation measures.
1334	(c)  The agency may enter into a guaranteed energy
1335	performance savings contract with a guaranteed energy
1336	performance savings contractor if the agency finds that the
1337	amount the agency would spend on the energy conservation or
1338	energy-related cost saving measures will not likely exceed the
1339	amount of the energy or energy-related cost savings for up to 20
1340	years from the date of installation, based on the life cycle
1341	cost calculations provided in s. 255.255, if the recommendations
1342	in the report were followed and if the qualified provider or
1343	providers give a written guarantee that the energy or energy-
1344	related cost savings will meet or exceed the costs of the
1345	system. However, actual computed cost savings must meet or
1346	exceed the estimated cost savings provided in program approval.
1347	Baseline adjustments used in calculations must be specified in
1348	the contract. The contract may provide for installment payments
1349	for a period not to exceed 20 years.
1350	(d)  A guaranteed energy performance savings contractor
1351	must be selected in compliance with s. 287.055; except that if
1352	fewer than three firms are qualified to perform the required
1353	services, the requirement for agency selection of three firms,
1354	as provided in s. 287.055(4)(b), and the bid requirements of s.
1355	287.057 do not apply.
1356	(e)  Before entering into a guaranteed energy performance
1357	savings contract, an agency must provide published notice of the
1358	meeting in which it proposes to award the contract, the names of
1359	the parties to the proposed contract, and the contract's
1360	purpose.
1361	(f)  A guaranteed energy performance savings contract may
1362	provide for financing, including tax exempt financing, by a
1363	third party. The contract for third party financing may be
1364	separate from the energy performance contract. A separate
1365	contract for third party financing pursuant to this paragraph
1366	must include a provision that the third party financier must not
1367	be granted rights or privileges that exceed the rights and
1368	privileges available to the guaranteed energy performance
1369	savings contractor.
1370	(g)  Financing for guaranteed energy performance savings
1371	contracts may be provided under the authority of s. 287.064.
1372	(h)  The Office of the Chief Financial Officer shall review
1373	proposals to ensure that the most effective financing is being
1374	used.
1375	(i)(g)  In determining the amount the agency will finance
1376	to acquire the energy conservation measures, the agency may
1377	reduce such amount by the application of any grant moneys,
1378	rebates, or capital funding available to the agency for the
1379	purpose of buying down the cost of the guaranteed energy
1380	performance savings contract. However, in calculating the life
1381	cycle cost as required in paragraph (c), the agency shall not
1382	apply any grants, rebates, or capital funding.
1383	(5)  CONTRACT PROVISIONS.--
1384	(a)  A guaranteed energy performance savings contract must
1385	include a written guarantee that may include, but is not limited
1386	to the form of, a letter of credit, insurance policy, or
1387	corporate guarantee by the guaranteed energy performance savings
1388	contractor that annual energy cost savings will meet or exceed
1389	the amortized cost of energy conservation measures.
1390	(b)  The guaranteed energy performance savings contract
1391	must provide that all payments, except obligations on
1392	termination of the contract before its expiration, may be made
1393	over time, but not to exceed 20 years from the date of complete
1394	installation and acceptance by the agency, and that the annual
1395	savings are guaranteed to the extent necessary to make annual
1396	payments to satisfy the guaranteed energy performance savings
1397	contract.
1398	(c)  The guaranteed energy performance savings contract
1399	must require that the guaranteed energy performance savings
1400	contractor to whom the contract is awarded provide a 100-percent
1401	public construction bond to the agency for its faithful
1402	performance, as required by s. 255.05.
1403	(d)  The guaranteed energy performance savings contract may
1404	contain a provision allocating to the parties to the contract
1405	any annual energy cost savings that exceed the amount of the
1406	energy cost savings guaranteed in the contract.
1407	(e)  The guaranteed energy performance savings contract
1408	shall require the guaranteed energy performance savings
1409	contractor to provide to the agency an annual reconciliation of
1410	the guaranteed energy or energy-related cost savings. If the
1411	reconciliation reveals a shortfall in annual energy or energy-
1412	related cost savings, the guaranteed energy performance savings
1413	contractor is liable for such shortfall. If the reconciliation
1414	reveals an excess in annual energy cost savings, the excess
1415	savings may be allocated under paragraph (d) but may not be used
1416	to cover potential energy cost savings shortages in subsequent
1417	contract years.
1418	(f)  The guaranteed energy performance savings contract
1419	must provide for payments of not less than one-twentieth of the
1420	price to be paid within 2 years from the date of the complete
1421	installation and acceptance by the agency using straight-line
1422	amortization for the term of the loan, and the remaining costs
1423	to be paid at least quarterly, not to exceed a 20-year term,
1424	based on life cycle cost calculations.
1425	(g)  The guaranteed energy performance savings contract may
1426	extend beyond the fiscal year in which it becomes effective;
1427	however, the term of any contract expires at the end of each
1428	fiscal year and may be automatically renewed annually for up to
1429	20 years, subject to the agency making sufficient annual
1430	appropriations based upon continued realized energy savings.
1431	(h)  The guaranteed energy performance savings contract
1432	must stipulate that it does not constitute a debt, liability, or
1433	obligation of the state.
1434	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
1435	Department of Management Services, with the assistance of the
1436	Office of the Chief Financial Officer, shall may, within
1437	available resources, provide technical content assistance to
1438	state agencies contracting for energy conservation measures and
1439	engage in other activities considered appropriate by the
1440	department for promoting and facilitating guaranteed energy
1441	performance contracting by state agencies. The Office of the
1442	Chief Financial Officer, with the assistance of the Department
1443	of Management Services, shall may, within available resources,
1444	develop model contractual and related documents for use by state
1445	agencies. Prior to entering into a guaranteed energy performance
1446	savings contract, any contract or lease for third-party
1447	financing, or any combination of such contracts, a state agency
1448	shall submit such proposed contract or lease to the Office of
1449	the Chief Financial Officer for review and approval. A proposed
1450	contract or lease shall include:
1451	(a)  Supporting information required by s. 216.023(4)(a)9.
1452	(b)  Documentation supporting recurring funds requirements
1453	in ss. 287.063(5) and 287.064(11).
1454	(c)  Approval by the agency head or his or her designee.
1455	(d)  An agency measurement and verification plan to monitor
1456	costs savings.
1457	(7)  FUNDING SUPPORT.--For purposes of consolidated
1458	financing of deferred payment commodity contracts under this
1459	section by a state agency, any such contract must be supported
1460	from available recurring funds appropriated to the agency in an
1461	appropriation category, as defined in chapter 216, that the
1462	Chief Financial Officer has determined is appropriate or that
1463	the Legislature has designated for payment of the obligation
1464	incurred under this section.
1465
1466	The Office of the Chief Financial Officer may not approve any
1467	contract submitted under this section that does not meet the
1468	requirements of this section.
1469	Section 30.  Section 570.957, Florida Statutes, is created
1470	to read:
1471	570.957  Farm-to-Fuel Grants Program.--
1472	(1)  As used in this section, the term:
1473	(a)  "Bioenergy" means energy produced from organic matter
1474	that is available on a renewable or recurring basis, including
1475	crops and trees, agricultural food and feed crop residues, wood
1476	and wood wastes and residues, aquatic plants, grasses, animal
1477	wastes and residues, and other organic waste materials.
1478	(b)  "Department" means the Department of Agriculture and
1479	Consumer Services.
1480	(c)  "Person" means an individual, partnership, joint
1481	venture, private or public corporation, association, firm,
1482	public service company, or any other public or private entity.
1483	(2)  The Farm-to-Fuel Grants Program is established within
1484	the department to provide matching grants for bioengery
1485	projects. Such grants may be made for research, demonstration,
1486	or commercialization projects relating to the production of
1487	bioenergy or feedstocks used in bioenergy production.
1488	(a)  Matching grants for bioenergy demonstration,
1489	commercialization, research, and development projects may be
1490	made to any of the following:
1491	1.  Municipalities and county governments.
1492	2.  Established for-profit companies licensed to do
1493	business in the state.
1494	3.  Universities and colleges in the state.
1495	4.  Utilities located and operating within the state.
1496	5.  Not-for-profit organizations.
1497	6.  Other qualified persons, as determined by the
1498	Department of Agriculture and Consumer Services.
1499	(b)  The department may adopt rules to provide for
1500	allocation of grant funds by project type, application
1501	requirements, ranking of applications, and awarding of grants
1502	under this program.
1503	(c)  Factors for consideration in awarding grants may
1504	include, but are not limited to, the degree to which:
1505	1.  The project produces bioenergy from Florida-grown crops
1506	or biomass.
1507	2.  The project demonstrates efficient use of energy and
1508	material resources.
1509	3.  Matching funds and in-kind contributions from an
1510	applicant are available.
1511	4.  The project has a reasonable assurance of enhancing the
1512	value of agricultural products or will expand agribusiness in
1513	the state.
1514	5.  Preliminary market and feasibility research has been
1515	conducted by the applicant or others and shows there is a
1516	reasonable assurance of a potential market.
1517	6.  The project stimulates in-state capital investment and
1518	economic development in metropolitan and rural areas, including
1519	the creation of jobs and the future development of a commercial
1520	market for bioenergy.
1521	7.  The project incorporates an innovative new technology
1522	or an innovative application of an existing technology.
1523	(d)  In evaluating and awarding grants under this section,
1524	the department shall consult with and solicit input from the
1525	Department of Environmental Protection.
1526	(e)  In determining the technical feasibility of grant
1527	applications, the department  shall coordinate and actively
1528	consult with persons having expertise in renewable energy
1529	technologies.
1530	(f)  In determining the economic feasibility of bioenergy
1531	grant applications, the department shall consult with the Office
1532	of Tourism, Trade, and Economic Development.
1533	Section 31.  Section 570.958, Florida Statutes, is created
1534	to read:
1535	570.958  Biofuel Retail Sales Incentive Program.--
1536	(1)  The purpose of this section is to encourage the retail
1537	sale of biofuels in this state and replace petroleum consumption
1538	in the state by the following percentages over the specified
1539	periods:
1540	(a)  Three percent from January 1, 2008, through December
1541	31, 2008.
1542	(b)  Five percent from January 1, 2009, through December
1543	31, 2009.
1544	(c)  Seven percent from January 1, 2010, through December
1545	31, 2010.
1546	(d)  Ten percent from January 1, 2011, through December 31,
1547	2011.
1548	(2)  As used in this section:
1549	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1550	fatty acids derived from plant or animal matter for use as a
1551	source of energy and meeting the specifications for biodiesel
1552	and biodiesel blended with petroleum products as adopted by the
1553	department.
1554	(b)  "Biofuel" means E85 fuel ethanol, E10 motor fuel,
1555	biodiesel, and diesel blended fuel.
1556	(c)  "Diesel blended fuel" means a fuel mixture containing
1557	10 percent or more biodiesel or renewable diesel fuel with the
1558	balance comprised of diesel fuel and meeting the specifications
1559	for diesel blends as adopted by the department.
1560	(d)  "E85 fuel ethanol" means ethanol blended with gasoline
1561	and formulated with a nominal percentage of 85 percent ethanol
1562	by volume and meeting the applicable fuel quality specifications
1563	as adopted by the department.
1564	(e)  "E10 motor fuel" means a motor fuel blend consisting
1565	of nominal percentages of 90 percent gasoline by volume and 10
1566	percent ethanol by volume and meeting the fuel quality
1567	specifications for gasoline as adopted by the department.
1568	(f)  "Ethanol or fuel ethanol" means an anhydrous denatured
1569	alcohol produced by the conversion of carbohydrates and meeting
1570	the specifications for fuel ethanol as adopted by the
1571	department.
1572	(g)  "Fuel dispenser" means a pump, meter, or similar
1573	device used to measure and deliver motor fuel or diesel fuel on
1574	a retail basis.
1575	(h)  "Renewable diesel fuel" means a fuel that meets the
1576	registration requirements for fuels and fuel additives
1577	established by the Environmental Protection Agency in the Clean
1578	Air Act; is not a mono-alkyl ester; is intended for use in
1579	engines that are designed to run on conventional, petroleum
1580	derived diesel fuel; is derived from nonpetroleum renewable
1581	resources, including, but not limited to, vegetable oils, animal
1582	wastes, including poultry fats and poultry wastes, and other
1583	waste materials, or municipal solid waste and sludges and oils
1584	derived from wastewater and the treatment of wastewater; and
1585	meets the specifications for diesel fuel as adopted by the
1586	department.
1587	(i)  "Retail dealer" means any person who is engaged in the
1588	business of selling fuel at retail at posted retail prices.
1589	(j)  "Retail motor fuel site" means a geographic location
1590	in this state where a retail dealer sells or offers for sale
1591	motor fuel, diesel fuel, or biofuel to the general public.
1592	(3)(a)  Subject to specific appropriation, a retail dealer
1593	who sells biofuel through fuel dispensers at retail motor fuel
1594	sites is entitled to an incentive payment that shall be computed
1595	as follows:
1596	1.  An incentive of 1 cent for each gallon of E10 motor
1597	fuel sold through a fuel dispenser.
1598	2.  An incentive of 5 cents for each gallon of E85 fuel
1599	ethanol sold through a fuel dispenser.
1600	3.  An incentive of 1 cent for each gallon of diesel
1601	blended fuel sold through a fuel dispenser.
1602	4.  An incentive of 3 cents for each gallon of biodiesel
1603	sold through a fuel dispenser.
1604	(b)  The incentive may be claimed for biofuel sold on or
1605	after January 1, 2008. Beginning in 2009, each applicant
1606	claiming an incentive under this section must first apply to the
1607	department by February 1 of each year for an allocation of the
1608	available incentive for the preceding calendar year. The
1609	department shall develop an application form. The application
1610	form shall, at a minimum, require a sworn affidavit from each
1611	retail dealer certifying the following information:
1612	1.  The name and principal address of the retail dealer.
1613	2.  The address of the retail dealer's retail motor fuel
1614	sites from which it sold biofuels during the preceding calendar
1615	year.
1616	3.  The total gallons of E10 ethanol sold through fuel
1617	dispensers.
1618	4.  The total gallons of E85 ethanol sold through fuel
1619	dispensers.
1620	5.  The total gallons of diesel blended fuel sold through
1621	fuel dispensers.
1622	6.  The total gallons of biodiesel sold through fuel
1623	dispensers.
1624	7.  Any other information deemed necessary by the
1625	department to adequately ensure that the incentive allowed under
1626	this section shall be made only to qualified Florida retail
1627	dealers.
1628	(c)  The department shall determine the amount of the
1629	incentive allowed under this section.
1630	(4)  If the amount of incentives applied for each year
1631	exceeds the amount appropriated, the department shall pay to
1632	each applicant a prorated amount based on each applicant's
1633	gallonage of qualified biofuel sold and dispensed that is
1634	eligible for the incentive under this section.
1635	(5)  The department may adopt rules pursuant to ss.
1636	120.536(1) and 120.54 to implement and administer this section,
1637	including rules prescribing forms, the documentation needed to
1638	substantiate a claim for the incentive, and the specific
1639	procedures and guidelines for claiming the incentive.
1640	Section 32.  Section 570.959, Florida Statutes, is created
1641	to read:
1642	570.959  Florida Biofuel Production Incentive Program.--
1643	(1)  The purpose of this section is to encourage the
1644	development and expansion of facilities that produce biofuels in
1645	this state from crops, agricultural waste and residues, and
1646	other biomass produced in Florida by providing economic
1647	incentives to do so.
1648	(2)  As used in this section, the term:
1649	(a)  "Biodiesel" means the mono-alkyl esters of long-chain
1650	fatty acids derived from plant or animal matter for use as a
1651	source of energy and meeting the specifications for biodiesel
1652	and biodiesel blended with petroleum products as adopted by the
1653	department.
1654	(b)  "Biofuel" means ethanol or biodiesel.
1655	(c)  "Ethanol" or "fuel ethanol" means an anhydrous
1656	denatured alcohol produced by the conversion of carbohydrates
1657	and meeting the specifications for fuel ethanol adopted by the
1658	department.
1659	(d)  "Florida biofuel production" means production of
1660	biofuel in the state from crops, agricultural waste and
1661	residues, and other biomass produced in Florida.
1662	(3)  In order to be eligible for the incentive provided in
1663	this section, a producer must have registered and have met the
1664	requirements contained in chapter 206.
1665	(4)  An incentive, subject to appropriation, shall be paid
1666	to a producer based on Florida biofuel production as follows:
1667	(a)  The incentive shall be 5 cents for each gallon of
1668	unblended Florida biofuel produced, exclusive of denaturant,
1669	during a given calendar year and sold to an unrelated blender of
1670	biofuel.
1671	(b)  The incentive may be earned for production on or after
1672	January 1, 2008. Beginning in 2009, each producer claiming an
1673	incentive under this section must first apply to the department
1674	by February 1 of each year for an allocation of available
1675	incentives. The department shall develop an application form
1676	that shall, at a minimum, require a sworn affidavit from each
1677	producer certifying the production that forms the basis of the
1678	application and certifying that all information contained in the
1679	application is true and correct.
1680	(c)  The department shall determine whether or not such
1681	production is eligible for the incentive under this section.
1682	(d)  If the amount of incentives applied for each year
1683	exceeds the amount appropriated, the department shall pay to
1684	each applicant a prorated amount based on the percentage of
1685	biofuel produced that is eligible for the incentive under this
1686	section.
1687	(5)  The department may adopt rules pursuant to ss.
1688	120.536(1) and 120.54 to implement and administer this section,
1689	including rules prescribing forms, the documentation needed to
1690	substantiate a claim for the incentive, and the specific
1691	procedures and guidelines for claiming the incentive.
1692	Section 33.  (1)  The Florida Building Commission shall
1693	convene a workgroup comprised of representatives from the
1694	Florida Energy Commission, the Department of Community Affairs,
1695	the Building Officials Association of Florida, the Florida
1696	Energy Office, the Florida Home Builders Association, the
1697	Association of Counties, the League of Cities, and other
1698	stakeholders to develop a model residential energy efficiency
1699	ordinance that provides incentives to meet energy efficiency
1700	standards. The commission must report back to the Legislature
1701	with a developed ordinance by March 1, 2008.
1702	(2)  The Florida Building Commission shall, in consultation
1703	with the Florida Energy Commission, the Building Officials
1704	Association of Florida, the Florida Energy Office, the Florida
1705	Home Builders Association, the Association of Counties, the
1706	League of Cities, and other stakeholders, review the Florida
1707	Energy Code for Building Construction. Specifically, the
1708	commission shall revisit the analysis of cost-effectiveness that
1709	serves as the basis for energy efficiency levels for residential
1710	buildings, identify cost-effective means to improve energy
1711	efficiency in commercial buildings, and compare the code to the
1712	International Energy Conservation Code and the American Society
1713	of Heating Air-Conditioning and Refrigeration Engineers
1714	Standards 90.1 and 90.2. The commission shall provide a report
1715	with a standard to the Legislature by March 1, 2008, that may be
1716	adopted for the construction of all new residential, commercial,
1717	and government buildings.
1718	(3)  The Florida Building Commission, in consultation with
1719	the Florida Solar Energy Center, the Florida Energy Commission,
1720	the Florida Energy Office, the United States Department of
1721	Energy, and the Florida Home Builders Association, shall develop
1722	and implement a public awareness campaign that promotes energy
1723	efficiency and the benefits of building green by January 1,
1724	2008. The campaign shall include enhancement of an existing web
1725	site from which all citizens can obtain information pertaining
1726	to green building practices, calculate anticipated savings from
1727	use of those options, as well as learn about energy efficiency
1728	strategies that may be used in their existing home or when
1729	building a home. The campaign shall focus on the benefits of
1730	promoting energy efficiency to the purchasers of new homes, the
1731	various green building ratings available, and the promotion of
1732	various energy-efficient products through existing trade shows.
1733	The campaign shall also include strategies for utilizing print
1734	advertising, press releases, and television advertising to
1735	promote voluntary utilization of green building practices.
1736	Section 34.  (1)  The Legislature declares that there is an
1737	important state interest in promoting the construction of
1738	energy-efficient and sustainable buildings. Government
1739	leadership in promoting these standards is vital to demonstrate
1740	the state's commitment to energy conservation, saving taxpayers
1741	money, and raising public awareness of energy-rating systems.
1742	(2)  All county, municipal, and public community college
1743	buildings shall be constructed to meet the United States Green
1744	Building Council (USGBC) Leadership in Energy and Environmental
1745	Design (LEED) rating system, Green Building Initiative's Green
1746	Globes rating system, or a nationally recognized, high-
1747	performance green building rating system as approved by the
1748	Department of Management Services. This section shall apply to
1749	all county, municipal, and public community college buildings
1750	whose architectural plans are started after July 1, 2008.
1751	Section 35.  State fleet biodiesel usage.--
1752	(1)  By July 1, 2008, a minimum of 5 percent, by January 1,
1753	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1754	of 20 percent of total diesel fuel purchases for use by state-
1755	owned diesel vehicles and equipment shall be biodiesel fuel
1756	(B20), subject to availability.
1757	(2)  By July 1, 2008, a minimum of 5 percent, by January 1,
1758	2009, a minimum of 10 percent, and by January 1, 2010, a minimum
1759	of 20 percent of total fuel purchases for use by state-owned
1760	flex-fuel vehicles shall be ethanol, subject to availability.
1761	(3)  The Department of Management Services shall provide
1762	for the proper administration, implementation, and enforcement
1763	of this section.
1764	(4)  The Department of Management Services shall report to
1765	the Legislature on or before March 1, 2008, and annually
1766	thereafter, the extent of biodiesel and ethanol use in the state
1767	fleet. The report shall contain the number of gallons purchased
1768	since July 1, 2007, the average price of biodiesel and ethanol,
1769	and a description of fleet performance.
1770	Section 36.  School district biodiesel usage.--
1771	(1)  By January 1, 2008, a minimum of 20 percent of total
1772	diesel fuel purchases for use by school districts shall be
1773	biodiesel fuel (B20), subject to availability.
1774	(2)  If a school district contracts with another government
1775	entity or private entity to provide transportation services for
1776	any of its pupils, the biodiesel blend fuel requirement
1777	established pursuant to subsection (1) shall be part of that
1778	contract. However, this requirement shall apply only to
1779	contracts entered into on or after July 1, 2007.
1780	Section 37.  (1)  Subject to specific appropriation, there
1781	is created within the Executive Office of the Governor the
1782	Florida Energy, Aerospace, and Technology (F.E.A.T.) Fund to
1783	encourage a state partnership with the Federal Government, Space
1784	Florida, Enterprise Florida, Inc., and the private sector in
1785	order to identify business and investment opportunities and
1786	target performance goals for those investments in the areas of
1787	alternative energy development and production infrastructure and
1788	aerospace industry expansion or development opportunities.
1789	(2)  Funds appropriated for the purposes of the F.E.A.T.
1790	Fund shall be deposited in the Grants and Donations Trust Fund
1791	in the Executive Office of the Governor.
1792	Section 38.  Research and demonstration cellulosic ethanol
1793	plant.--
1794	(1)  There shall be constructed a multifaceted research and
1795	demonstration cellulosic ethanol plant designed to conduct
1796	research and to demonstrate and advance the commercialization of
1797	cellulose-to-ethanol technology, including technology licensed
1798	from the University of Florida, and to facilitate further
1799	research and testing of multiple cellulosic feedstocks in the
1800	state.
1801	(2)  The University of Florida shall act as the owner and
1802	proprietor of the facility, which shall include a permanent
1803	research and development laboratory operated as a satellite
1804	facility of the Institute of Food and Agricultural Sciences at
1805	the University of Florida. This facility shall be used to
1806	convert the initially treated material to the final ethanol
1807	product.
1808	(3)  The facility shall be located near an industrial site
1809	with infrastructure already developed to avoid or reduce
1810	significant capital costs for waste treatment and roads, shall
1811	be served by a range of suppliers and transportation companies,
1812	and shall be in good proximity to gasoline and ethanol blending
1813	facilities on either coast of the state. The industrial site
1814	shall have the capacity to provide steam and electric power,
1815	waste treatment, and a steady stream of feedstocks, including,
1816	but not limited to, bagasse, woody biomass, and cane field
1817	residues, to allow a commercial scale plant to operate year
1818	around.
1819	(4)  The facility shall be located near preexisting onsite
1820	technical support staff and other resources for electrical,
1821	mechanical, and instrumentation services. In addition, the
1822	facility shall have access to preexisting onsite laboratory
1823	facilities and scientific personnel and shall include the
1824	critical aspects of connecting to existing facilities and
1825	meeting construction codes and permit requirements.
1826	(5)  There shall be a scientific and technical advisory
1827	panel to advise on the technology to be applied.
1828	(6)  Subject to the rights of any third parties arising
1829	under any licenses granted by the university or its affiliates
1830	prior to the effective date of this act, ownership of all
1831	patents, copyrights, trademarks, licenses, and rights or
1832	interests shall vest in the university on behalf of the state.
1833	The university, pursuant to s. 1004.23, Florida Statutes, shall
1834	have the right to use and the right to retain derived revenues
1835	subject to the continuing approval of the Legislature.
1836	(7)  The Senior Vice President for the Institute of Food
1837	and Agricultural Sciences at the University of Florida shall
1838	ensure that applicable, nonproprietary research results and
1839	technologies from the plant authorized under this initiative are
1840	adapted, made available, and disseminated through its respective
1841	services, as appropriate.
1842	(8)  Within 2 years after enactment of this act, the Senior
1843	Vice President for the Institute of Food and Agricultural
1844	Sciences at the University of Florida shall submit to the
1845	President of the Senate and the Speaker of the House of
1846	Representatives a report on the activities conducted under this
1847	section.
1848	Section 39.  (1)  The Florida Public Service Commission
1849	shall conduct a study in conjunction with the Florida Energy
1850	Commission, the Department of Environmental Protection and the
1851	Department of Agriculture and Consumer Services to recommend an
1852	appropriate renewable portfolio standard for the state.
1853	(2)  The study shall include current and future
1854	availability of renewable fuels, incentives to attract large
1855	scale renewable energy development, proposed changes to current
1856	regulatory and market practices to encourage renewable energy
1857	development, the impact on utility costs and rates,
1858	environmental benefits of a renewable portfolio standard, and
1859	economic development associated with renewable energy in the
1860	state.
1861	(3)  The Florida Public Service Commission shall hold
1862	public hearings on these and other related issues and submit a
1863	report containing specific recommendations to the President of
1864	the Senate and the Speaker of the House of Representatives by
1865	January 1, 2008.
1866	Section 40.  (1)  The Florida Public Service Commission
1867	shall conduct a study in conjunction with the Florida Energy
1868	Commission, the Department of Environmental Protection, and the
1869	Department of Agriculture and Consumer Services to recommend the
1870	establishment of an energy efficiency and solar energy
1871	initiative.
1872	(2)  The study shall include recommendations for the
1873	administration, design, implementation, and ongoing measurement
1874	and evaluation of programs that promote energy efficiency and
1875	conservation activities and market transformation efforts for
1876	solar energy technologies through a public benefits fund. The
1877	study shall include incentives for investment in energy
1878	efficiency and customer-sited solar energy systems, suggest
1879	changes to current regulatory and market practice to encourage
1880	solar energy and energy efficiency investment in residential and
1881	commercial applications, including standards for net metering
1882	and interconnection.
1883	(3)  The Florida Public Service Commission will hold public
1884	hearings on these issues and submit a report containing specific
1885	recommendations to the President of the Senate and the Speaker
1886	of the House of Representatives by February 1, 2008.
1887	Section 41.  The Florida Public Service Commission shall
1888	submit to the President of the Senate and the Speaker of the
1889	House of Representatives by February 28, 2008, a report that
1890	provides a detailed description of the methods used to evaluate
1891	the conservation goals, plans, and programs of utilities subject
1892	to the Florida Energy Efficiency and Conservation Act. The
1893	commission shall compare methods and policies employed in other
1894	states that could be implemented to ensure that utilities in
1895	this state acquire all energy efficiency resources that cost
1896	less than new electric power generation. As used in the section,
1897	the term "energy efficiency resources" means a reduction in
1898	kilowatt hours used by the existing and emerging fleet of
1899	buildings and equipment in this state that is achieved by
1900	providing incentives to producers, distributors, sellers, or
1901	consumers that promote the development of and investment in
1902	energy-efficient technologies.
1903	Section 42.  (1)  The Department of Agriculture and
1904	Consumer Services shall conduct a study in conjunction with the
1905	Department of Environmental Protection and Enterprise Florida,
1906	Inc., to recommend an appropriate Florida Loan Guarantee Program
1907	for cellulosic ethanol facilities developed in the state.
1908	(2)  The Department of Agriculture and Consumer Services
1909	shall submit a report containing specific recommendations to the
1910	President of the Senate and the Speaker of the House of
1911	Representatives no later than January 1, 2008.
1912	Section 43.  The Department of Community Affairs shall
1913	convene a workgroup comprised of representatives of the Florida
1914	Building Commission, the Florida Energy Commission, the Florida
1915	Energy Office, consumers, and affected industries to identify
1916	and review new or updated energy conservation standards for
1917	products that consume electricity, including, but not limited
1918	to, residential pool pumps, pool heaters, spas, and commercial
1919	and residential appliances. The workgroup shall identify
1920	efficiency improvements that could be anticipated by
1921	implementation of new standards and the anticipated costs of
1922	implementing and enforcing the standards and shall further
1923	consider methods and processes for the regular review of new
1924	standards and implementation, if warranted. No later than March
1925	1, 2008, the department shall report to the President of the
1926	Senate and Speaker of the House of Representatives on findings
1927	of the workgroup together with any recommended statutory changes
1928	required to implement those findings.
1929	Section 44.  Section 1013.441, Florida Statutes, is
1930	created to read:
1931	1013.441  Green Schools Pilot Project.--
1932	(1)  The Legislature finds that it is cost-effective and
1933	healthy for the public and the environment to build schools that
1934	maximize low-water usage and incorporate energy efficiencies,
1935	renewable energy, and recycling technologies into the
1936	construction of schools. Therefore, the Green Schools Pilot
1937	Project is established for selected school districts for the
1938	purpose of incorporating the Leadership in Energy and
1939	Environmental Design (LEED) silver-level or the Green Globes
1940	two-globe rating or better building-certification standards into
1941	every new educational building construction project and, when
1942	feasible, every educational building renovation project.
1943	(2)  LEED building certification standards are defined by
1944	the United States Green Building Council and the Green Globes
1945	certification standards are defined by the Green Building
1946	Initiative. Both standards address the total effect that new
1947	buildings have on the environment so as to maximize energy
1948	efficiency and to minimize adverse effects on the environment.
1949	(3)  For purposes of this section, the term "additional
1950	costs" means the expenditures that are necessary to build a
1951	complete school to LEED silver-level or Green Globes two-globe
1952	or better building-certification standards but that exceed the
1953	expenditures necessary to build a complete school in compliance
1954	with this chapter. Such additional costs may include, but are
1955	not limited to, registration and certification fees charged for
1956	certification of the school to LEED silver-level or Green Globes
1957	two-globe or better building-certification standards.
1958	(4)(a)  The Department of Education, in consultation with
1959	the Florida Energy Office, shall develop by August 1, 2007, an
1960	application process for school districts to participate in the
1961	pilot project. Three school districts shall be selected by the
1962	State Board of Education by January 1, 2008, to participate in
1963	the pilot project. One school district shall be in a county
1964	having a population of 1 million or more residents; one school
1965	district shall be in a county having a population of 250,000 to
1966	999,999 residents; and one school district shall be in a county
1967	having a population of fewer than 250,000 residents. School
1968	districts selected to participate in the pilot project shall, to
1969	the greatest extent possible, represent geographically different
1970	regions of the state.
1971	(b)  At a minimum, each school district selected by the
1972	State Board of Education to participate in the pilot project
1973	must:
1974	1.  Demonstrate that it implements sound financial
1975	management practices by producing documentation that indicates
1976	that the school district for the preceding 3 years has had no
1977	material weaknesses or instances of material noncompliance noted
1978	in its annual audits required under s. 218.39.
1979	2.  Engage a design team that has demonstrated knowledge
1980	and experience in high-performance green building construction.
1981	3.  Commit to building at least one complete school to LEED
1982	silver-level or Green Globes two-globe or better building-
1983	certification standards. A school built to such building-
1984	certification standards shall be designated as a "Green School."
1985	(c)  When selecting school districts to participate in the
1986	pilot project, evaluation criteria implemented by the State
1987	Board of Education may include, but need not be limited to,
1988	school districts that demonstrate a high percentage of
1989	environmentally inefficient schools or school districts that
1990	propose innovative methods for improving water savings, energy
1991	efficiency, or indoor environmental quality.
1992	(5)(a)  From funds appropriated for the Green Schools Pilot
1993	Program, the department shall distribute to each participating
1994	school district an amount sufficient to fund the additional
1995	costs required to build one complete school to LEED silver-level
1996	or Green Globes two-globe or better building-certification
1997	standards.
1998	1.  If appropriated funds are insufficient to fund the
1999	total of additional costs required to build three complete
2000	schools to LEED silver-level or Green Globes two-globe or better
2001	building-certification standards, the department shall prorate
2002	funds available and make distributions based on the ratio of
2003	each school's additional costs relative to the total of
2004	additional costs for the three schools.
2005	2.  If appropriated funds remain after the distribution,
2006	such funds may be distributed by the department to one or more
2007	of the participating school districts to fund the additional
2008	costs required to build other new schools or to renovate
2009	existing schools to LEED silver-level or Green Globes two-globe
2010	or better building-certification standards.
2011	(b)  Participating school districts must annually report to
2012	the department the expenditure of funds received under paragraph
2013	(a). The reports must be open to inspection and examination by
2014	the Auditor General. A participating school district must return
2015	to the department:
2016	1.  Any funds found by the Auditor General to have been
2017	improperly expended.
2018	2.  Funds received under paragraph (a) for the construction
2019	or renovation of a school if LEED silver-level or Green Globes
2020	two-globe certification or better is not obtained for the school
2021	within 1 year after its completion.
2022	(6)  Each participating school district shall deliver to
2023	the Governor, the President of the Senate, the Speaker of the
2024	House of Representatives, and the Commissioner of Education a
2025	report on the effects Green Schools have had on student
2026	performance and health, operational costs, energy consumption,
2027	and the environment in the district. This report shall be
2028	submitted by July 1 of the year after a Green School has been in
2029	full operation for 3 years.
2030	Section 45.  This act shall take effect July 1, 2007.

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