Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
CHAMBER ACTION
Senate House
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05/02/2007 03:23 PM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, between lines 9 and 10,
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16 insert:
17 Section 27. Section 570.956, Florida Statutes, is
18 created to read:
19 570.956 Farm-to-Fuel Advisory Council.--
20 (1) The Farm-to-Fuel Advisory Council is created
21 within the department to provide advice and counsel to the
22 commissioner concerning the production of renewable energy in
23 this state. The advisory council shall consist of 15 members,
24 14 of whom shall be appointed by the commissioner and one of
25 whom shall be appointed by the Governor for 4-year terms or
26 until a successor is duly qualified and appointed. Members
27 shall include:
28 (a) One citizen-at-large member who shall represent
29 the views of the public toward renewable energy.
30 (b) Six members each of whom is a producer or grower
31 actively engaged in the agricultural area of one of the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 following industries:
2 1. Sugarcane.
3 2. Citrus.
4 3. Field crops.
5 4. Dairy.
6 5. Livestock or poultry.
7 6. Forestry.
8 (c) One member who represents the petroleum industry
9 or who is actively engaged in the trade of petroleum products.
10 (d) One member who represents public utilities or the
11 electric power industry.
12 (e) Two members who represent colleges and
13 universities in this state and who are engaged in research
14 involving alternative fuels or renewable energy.
15 (f) One member who represents the environmental
16 community or an environmental organization.
17 (g) One member who represents the ethanol industry or
18 who has expertise in the production of ethanol.
19 (h) One member who represents the biodiesel industry
20 or who has expertise in the production of biodiesel.
21 (i) One member appointed by the Governor.
22 (2) The council is an advisory committee the operation
23 of which is governed by s. 570.0705.
24 Section 28. Section 570.957, Florida Statutes, is
25 created to read:
26 570.957 Farm-to-Fuel Grants Program.--
27 (1) As used in this section, the term:
28 (a) "Bioenergy" means energy produced from organic
29 matter that is available on a renewable or recurring basis,
30 including crops and trees, agricultural food and feed crop
31 residues, wood and wood wastes and residues, aquatic plants,
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 grasses, animal wastes and residues, and other organic waste
2 materials.
3 (b) "Department" means the Department of Agriculture
4 and Consumer Services.
5 (c) "Person" means an individual, partnership, joint
6 venture, private or public corporation, association, firm,
7 public service company, or any other public or private entity.
8 (2) The Farm-to-Fuel Grants Program is established
9 within the department to provide matching grants for bioengery
10 projects. Such grants may be made for research, demonstration,
11 or commercialization projects relating to the production of
12 bioenergy or feedstocks used in bioenergy production.
13 (a) Matching grants for bioenergy demonstration,
14 commercialization, research, and development projects may be
15 made to any of the following:
16 1. Municipalities and county governments.
17 2. Established for-profit companies licensed to do
18 business in the state.
19 3. Universities and colleges in the state.
20 4. Utilities located and operating within the state.
21 5. Not-for-profit organizations.
22 6. Other qualified persons, as determined by the
23 Department of Agriculture and Consumer Services.
24 (b) The department may adopt rules to provide for
25 allocation of grant funds by project type, application
26 requirements, ranking of applications, and awarding of grants
27 under this program.
28 (c) Factors for consideration in awarding grants may
29 include, but are not limited to, the degree to which:
30 1. The project produces bioenergy from Florida-grown
31 crops or biomass.
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 2. The project demonstrates efficient use of energy
2 and material resources.
3 3. Matching funds and in-kind contributions from an
4 applicant are available.
5 4. The project has a reasonable assurance of enhancing
6 the value of agricultural products or will expand agribusiness
7 in the state.
8 5. Preliminary market and feasibility research has
9 been conducted by the applicant or others and shows there is a
10 reasonable assurance of a potential market.
11 6. The project stimulates in-state capital investment
12 and economic development in metropolitan and rural areas,
13 including the creation of jobs and the future development of a
14 commercial market for bioenergy.
15 7. The project incorporates an innovative new
16 technology or an innovative application of an existing
17 technology.
18 (d) In evaluating and awarding grants under this
19 section, the department shall consult with and solicit input
20 from the Department of Environmental Protection.
21 (e) In determining the technical feasibility of grant
22 applications, the department shall coordinate and actively
23 consult with persons having expertise in renewable energy
24 technologies.
25 (f) In determining the economic feasibility of
26 bioenergy grant applications, the department shall consult
27 with the Office of Tourism, Trade, and Economic Development.
28 Section 29. Section 570.958, Florida Statutes, is
29 created to read:
30 570.958 Biofuel Retail Sales Incentive Program.--
31 (1) The purpose of this section is to encourage the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 retail sale of biofuels in this state and replace petroleum
2 consumption in the state by the following percentages over the
3 specified periods:
4 (a) Three percent from January 1, 2008, through
5 December 31, 2008.
6 (b) Five percent from January 1, 2009, through
7 December 31, 2009.
8 (c) Seven percent from January 1, 2010, through
9 December 31, 2010.
10 (d) Ten percent from January 1, 2011, through December
11 31, 2011.
12 (2) As used in this section:
13 (a) "Biodiesel" means the mono-alkyl esters of
14 long-chain fatty acids derived from plant or animal matter for
15 use as a source of energy and meeting the specifications for
16 biodiesel and biodiesel blended with petroleum products as
17 adopted by the department.
18 (b) "Biofuel" means E85 fuel ethanol, E10 motor fuel,
19 biodiesel, and diesel blended fuel.
20 (c) "Diesel blended fuel" means a fuel mixture
21 containing 10 percent or more biodiesel or renewable diesel
22 fuel with the balance comprised of diesel fuel and meeting the
23 specifications for diesel blends as adopted by the department.
24 (d) "E85 fuel ethanol" means ethanol blended with
25 gasoline and formulated with a nominal percentage of 85
26 percent ethanol by volume and meeting the applicable fuel
27 quality specifications as adopted by the department.
28 (e) "E10 motor fuel" means a motor fuel blend
29 consisting of nominal percentages of 90 percent gasoline by
30 volume and 10 percent ethanol by volume and meeting the fuel
31 quality specifications for gasoline as adopted by the
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 department.
2 (f) "Ethanol or fuel ethanol" means an anhydrous
3 denatured alcohol produced by the conversion of carbohydrates
4 and meeting the specifications for fuel ethanol as adopted by
5 the department.
6 (g) "Fuel dispenser" means a pump, meter, or similar
7 device used to measure and deliver motor fuel or diesel fuel
8 on a retail basis.
9 (h) "Renewable diesel fuel" means a fuel that meets
10 the registration requirements for fuels and fuel additives
11 established by the Environmental Protection Agency in the
12 Clean Air Act; is not a mono-alkyl ester; is intended for use
13 in engines that are designed to run on conventional, petroleum
14 derived diesel fuel; is derived from nonpetroleum renewable
15 resources, including, but not limited to, vegetable oils,
16 animal wastes, including poultry fats and poultry wastes, and
17 other waste materials, or municipal solid waste and sludges
18 and oils derived from wastewater and the treatment of
19 wastewater; and meets the specifications for diesel fuel as
20 adopted by the department.
21 (i) "Retail dealer" means any person who is engaged in
22 the business of selling fuel at retail at posted retail
23 prices.
24 (j) "Retail motor fuel site" means a geographic
25 location in this state where a retail dealer sells or offers
26 for sale motor fuel, diesel fuel, or biofuel to the general
27 public.
28 (3)(a) Subject to specific appropriation, a retail
29 dealer who sells biofuel through fuel dispensers at retail
30 motor fuel sites is entitled to an incentive payment that
31 shall be computed as follows:
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 1. An incentive of 1 cent for each gallon of E10 motor
2 fuel sold through a fuel dispenser.
3 2. An incentive of 5 cents for each gallon of E85 fuel
4 ethanol sold through a fuel dispenser.
5 3. An incentive of 1 cent for each gallon of diesel
6 blended fuel sold through a fuel dispenser.
7 4. An incentive of 3 cents for each gallon of
8 biodiesel sold through a fuel dispenser.
9 (b) The incentive may be claimed for biofuel sold on
10 or after January 1, 2008. Beginning in 2009, each applicant
11 claiming an incentive under this section must first apply to
12 the department by February 1 of each year for an allocation of
13 the available incentive for the preceding calendar year. The
14 department shall develop an application form. The application
15 form shall, at a minimum, require a sworn affidavit from each
16 retail dealer certifying the following information:
17 1. The name and principal address of the retail
18 dealer.
19 2. The address of the retail dealer's retail motor
20 fuel sites from which it sold biofuels during the preceding
21 calendar year.
22 3. The total gallons of E10 ethanol sold through fuel
23 dispensers.
24 4. The total gallons of E85 ethanol sold through fuel
25 dispensers.
26 5. The total gallons of diesel blended fuel sold
27 through fuel dispensers.
28 6. The total gallons of biodiesel sold through fuel
29 dispensers.
30 7. Any other information deemed necessary by the
31 department to adequately ensure that the incentive allowed
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 under this section shall be made only to qualified Florida
2 retail dealers.
3 (c) The department shall determine the amount of the
4 incentive allowed under this section.
5 (4) If the amount of incentives applied for each year
6 exceeds the amount appropriated, the department shall pay to
7 each applicant a prorated amount based on each applicant's
8 gallonage of qualified biofuel sold and dispensed that is
9 eligible for the incentive under this section.
10 (5) The department may adopt rules pursuant to ss.
11 120.536(1) and 120.54 to implement and administer this
12 section, including rules prescribing forms, the documentation
13 needed to substantiate a claim for the incentive, and the
14 specific procedures and guidelines for claiming the incentive.
15 Section 30. Section 570.959, Florida Statutes, is
16 created to read:
17 570.959 Florida Biofuel Production Incentive
18 Program.--
19 (1) The purpose of this section is to encourage the
20 development and expansion of facilities that produce biofuels
21 in this state from crops, agricultural waste and residues, and
22 other biomass produced in Florida by providing economic
23 incentives to do so.
24 (2) As used in this section, the term:
25 (a) "Biodiesel" means the mono-alkyl esters of
26 long-chain fatty acids derived from plant or animal matter for
27 use as a source of energy and meeting the specifications for
28 biodiesel and biodiesel blended with petroleum products as
29 adopted by the department.
30 (b) "Biofuel" means ethanol or biodiesel.
31 (c) "Ethanol" or "fuel ethanol" means an anhydrous
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 denatured alcohol produced by the conversion of carbohydrates
2 and meeting the specifications for fuel ethanol adopted by the
3 department.
4 (d) "Florida biofuel production" means production of
5 biofuel in the state from crops, agricultural waste and
6 residues, and other biomass produced in Florida.
7 (3) In order to be eligible for the incentive provided
8 in this section, a producer must have registered and have met
9 the requirements contained in chapter 206.
10 (4) An incentive, subject to appropriation, shall be
11 paid to a producer based on Florida biofuel production as
12 follows:
13 (a) The incentive shall be 5 cents for each gallon of
14 unblended Florida biofuel produced, exclusive of denaturant,
15 during a given calendar year and sold to an unrelated blender
16 of biofuel.
17 (b) The incentive may be earned for production on or
18 after January 1, 2008. Beginning in 2009, each producer
19 claiming an incentive under this section must first apply to
20 the department by February 1 of each year for an allocation of
21 available incentives. The department shall develop an
22 application form that shall, at a minimum, require a sworn
23 affidavit from each producer certifying the production that
24 forms the basis of the application and certifying that all
25 information contained in the application is true and correct.
26 (c) The department shall determine whether or not such
27 production is eligible for the incentive under this section.
28 (d) If the amount of incentives applied for each year
29 exceeds the amount appropriated, the department shall pay to
30 each applicant a prorated amount based on the percentage of
31 biofuel produced that is eligible for the incentive under this
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 section.
2 (5) The department may adopt rules pursuant to ss.
3 120.536(1) and 120.54 to implement and administer this
4 section, including rules prescribing forms, the documentation
5 needed to substantiate a claim for the incentive, and the
6 specific procedures and guidelines for claiming the incentive.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 12, after the semicolon,
12
13 insert:
14 creating s. 570.956, F.S.; establishing the
15 Farm-to-Fuel Advisory Council within the
16 Department of Agriculture and Consumer
17 Services; providing membership requirements;
18 providing for council duties; creating s.
19 570.957, F.S.; establishing the Farm-to-Fuel
20 Grants Program within the Department of
21 Agriculture and Consumer Services; providing
22 definitions; specifying the use of renewable
23 energy grants for projects relating to
24 bioenergy; providing eligibility requirements;
25 authorizing the department to adopt rules;
26 providing criteria for grant award
27 consideration; requiring the department to
28 consult with the Department of Environmental
29 Protection, the Office of Tourism, Trade, and
30 Economic Development, and certain experts when
31 evaluating applications; creating s. 570.958,
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 996 and CS for SB 2666
Barcode 563366
1 F.S.; establishing the Biofuel Retail Sales
2 Incentive Program; establishing goals for
3 replacing petroleum consumption; providing
4 definitions; providing incentive payments to
5 qualified retail dealers for increases in the
6 amount of biofuels offered for sale; providing
7 requirements and procedures therefor; creating
8 s. 570.959, F.S.; establishing the Florida
9 Biofuel Production Incentive Program; providing
10 definitions; providing incentive payments to
11 producers of certain biofuels; providing
12 requirements and procedures therefor;
13 authorizing the Department of Agriculture and
14 Consumer Services to adopt rules;
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