Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1544

099258

CHAMBER ACTION

Senate

Comm: WD

3/13/2008

House

DRAFT STRIKE ALL AMENDMENT TO SB 1544-ENERGY BY SENATOR SAUNDERS

WORKSHOP ONLY

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Section 110.171, Florida Statutes, is amended

to read:

110.171 State employee telecommuting program.--

(1) As used in this section, the term:

(a) "Agency" means any official, officer, commission,

board, authority, council, committee, or department of state

government.

(a)(b) "Department" means the Department of Management

Services.

(b) "On-site work location" means the office or location

that an employing state government entity normally provides for

its qualified telecommuting employee.

selected for the telecommuting program, based on the

requirements of his or her employment position and his or her

ability to perform assigned work at an offsite location, who

meets the following criteria:

1. The employee has demonstrated an ability to complete

his or her assigned work with minimal supervision;

2. The job classification, workload characteristics, or

position of the employee has been identified by the employing

state government entity as appropriate for telecommuting; and

3. The employee is not under a performance improvement

plan or disciplinary action that indicates a need for close

supervision of his or her assigned work.

(d) "State government entity" or "entity" any state

government administrative unit listed in chapter 20 or the State

Constitution, and also includes water management districts, the

Senate, the House of Representatives, the state court system,

the State University System, the State Community College System,

or any other agency, commission, council, office, board,

authority, department, or official of state government.

(e)(c) "Telecommuting" means a work arrangement whereby

selected state employees are allowed to perform the normal

duties and responsibilities of their positions, through the use

of computers or telecommunications, at home or another place

apart from the employees' usual place of work.

(f) "Telecommuting schedule" means the work schedule of a

qualified telecommuting employee, indicating the days each week,

or weeks each month, that the employee will be telecommuting and

those days or weeks the employee will be in the on-site work

location. The schedule must be composed in such a way so that

the employee's work location for any given day is readily

ascertainable. Occasional variations from the schedule are

acceptable given the needs of the state government entity and

the ability of the employee to accomplish assigned state

business.

(g) "Telecommuting site" means the location of the

qualified telecommuting employee during the hours his or her

telecommuting schedule indicates he or she is telecommuting.

(2) The department shall:

(a) Establish and coordinate the state employee

telecommuting program and administer this section.

(b) Appoint a statewide telecommuting coordinator to

provide technical assistance to state government entities

agencies and to promote telecommuting in state government.

telecommuting program and their job classifications through the

state personnel payroll information subsystem created under s.

110.116.

(3) By September 30, 2009 October 1, 1994, each state

government entity agency shall complete a telecommuting plan to

include identify and maintain a current listing of the job

classifications and positions that the state government entity

agency considers appropriate for telecommuting. The

telecommuting plan Agencies that adopt a state employee

telecommuting program must also:

(a) Provide measurable financial benefits associated with

reduced office space requirements, reductions in energy

consumption, and reductions in associated emissions of

greenhouse gases resulting from telecommuting. Governmental

entities operating in office space owned or managed by the

department shall consult the department in the development and

implementation of a telecommuting plan. The proposed

telecommuting plan must give equal consideration to career

service and exempt positions in their selection of employees to

participate in the telecommuting program.

(b) Provide that an employee's participation in a

telecommuting program will not adversely affect eligibility for

advancement or any other employment rights or benefits.

telecommuting program is voluntary, and that the employee may

elect to cease to participate in a telecommuting program at any

time.

(d) Adopt provisions to allow for the termination of an

employee's participation in the program if the employee's

continued participation would not be in the best interests of

the state government entity agency.

(e) Provide that an employee is not currently under a

performance improvement plan in order to participate in the

program.

(f) Ensure that employees participating in the program are

100

subject to the same rules regarding attendance, leave,

101

performance reviews, and separation action as are other

102

employees.

103

(g) Establish the reasonable conditions that the state

104

government entity will agency plans to impose in order to ensure

105

the appropriate use and maintenance of any equipment or items

106

provided for use at a qualified telecommuting employee's

107

telecommuting site participating employee's home or other place

108

apart from the employee's usual place of work, including the

109

installation and maintenance of any telephone equipment and

110

ongoing communications costs at the telecommuting site which is

111

to be used for official use only.

112

(h) Prohibit state maintenance of an employee's personal

113

equipment used in telecommuting, including any liability for

114

personal equipment and costs for personal utility expenses

115

associated with telecommuting.

116

(i) Describe the security controls that the state

117

government entity agency considers appropriate.

118

(j) Provide that qualified telecommuting employees are

119

covered by workers' compensation under chapter 440, when

120

performing official duties at an alternate worksite, such as the

121

home.

122

(k) Prohibit employees engaged in a telecommuting program

123

from conducting face-to-face state business at the telecommuting

124

site homesite.

125

(l) Require a written agreement that specifies the terms

126

and conditions of telecommuting, which includes verification by

127

the employee that the home office provides work space that is

128

free of safety and fire hazards, together with an agreement

129

which holds the state harmless against any and all claims,

130

excluding workers' compensation claims, resulting from an

131

employee working in the home office, and which must be signed

132

and agreed to by the telecommuter and the supervisor.

133

(4) The telecommuting plan for each state government

134

entity, and pertinent supporting documents, must be posted on

135

the entity's website to allow access by employees and the

136

public.

137

Section 2. Subsection (3) of section 186.007, Florida

138

Statutes, is amended to read:

139

186.007 State comprehensive plan; preparation; revision.--

140

(3) In the state comprehensive plan, the Executive Office

141

of the Governor may include goals, objectives, and policies

142

related to the following program areas: economic opportunities;

143

agriculture; employment; public safety; education; energy;

144

global climate change; health concerns; social welfare concerns;

145

housing and community development; natural resources and

146

environmental management; recreational and cultural

147

opportunities; historic preservation; transportation; and

148

governmental direction and support services.

149

Section 3. Section 193.804, Florida Statutes, is created

150

to read:

151

193.804 Assessment of solar energy devices.--

152

(1) If a taxpayer adds any solar energy device to his or

153

her homestead, the value of the solar energy device shall not be

154

added to the assessed value of the property for the property

155

taxes. A taxpayer claiming the right to a solar energy device

156

assessment for ad valorem taxes shall so state in a return filed

157

as provided by law giving a brief description of the device. The

158

property appraiser may require the taxpayer to produce such

159

additional evidence as may be necessary to prove the taxpayer's

160

right to have the properties subject to a solar energy device

161

assessment.

162

(2) If a property appraiser questions whether a taxpayer

163

is entitled, in whole or in part, to a solar energy device

164

assessment under this section, he or she may refer the matter to

165

the Department of Environmental Protection for a recommendation.

166

If the property appraiser refers the matter, he or she shall

167

notify the taxpayer of such action. The Department of

168

Environmental Protection shall immediately consider whether the

169

taxpayer is entitled to the solar energy device assessment and

170

certify its recommendation to the property appraiser.

171

(3) The Department of Environmental Protection shall adopt

172

rules to administer the solar energy device assessment

173

provisions of this section.

174

Section 4. Paragraph (ccc) of subsection (7) of section

175

212.08, Florida Statutes, is amended to read:

176

212.08 Sales, rental, use, consumption, distribution, and

177

storage tax; specified exemptions.--The sale at retail, the

178

rental, the use, the consumption, the distribution, and the

179

storage to be used or consumed in this state of the following

180

are hereby specifically exempt from the tax imposed by this

181

chapter.

182

(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any

183

entity by this chapter do not inure to any transaction that is

184

otherwise taxable under this chapter when payment is made by a

185

representative or employee of the entity by any means,

186

including, but not limited to, cash, check, or credit card, even

187

when that representative or employee is subsequently reimbursed

188

by the entity. In addition, exemptions provided to any entity by

189

this subsection do not inure to any transaction that is

190

otherwise taxable under this chapter unless the entity has

191

obtained a sales tax exemption certificate from the department

192

or the entity obtains or provides other documentation as

193

required by the department. Eligible purchases or leases made

194

with such a certificate must be in strict compliance with this

195

subsection and departmental rules, and any person who makes an

196

exempt purchase with a certificate that is not in strict

197

compliance with this subsection and the rules is liable for and

198

shall pay the tax. The department may adopt rules to administer

199

this subsection.

200

(ccc) Equipment, machinery, and other materials for

201

renewable energy technologies.--

202

1. As used in this paragraph, the term:

203

a. "Biodiesel" means the mono-alkyl esters of long-chain

204

fatty acids derived from plant or animal matter for use as a

205

source of energy and meeting the specifications for biodiesel

206

and biodiesel blends with petroleum products as adopted by the

207

Department of Agriculture and Consumer Services. Biodiesel may

208

refer to biodiesel blends designated BXX, where XX represents

209

the volume percentage of biodiesel fuel in the blend.

210

b. "Ethanol" means an nominally anhydrous denatured

211

alcohol produced by the conversion of carbohydrates fermentation

212

of plant sugars meeting the specifications for fuel ethanol and

213

fuel ethanol blends with petroleum products as adopted by the

214

Department of Agriculture and Consumer Services. Ethanol may

215

refer to fuel ethanol blends designated EXX, where XX represents

216

the volume percentage of fuel ethanol in the blend.

217

c. "Hydrogen fuel cells" means equipment using hydrogen or

218

a hydrogen-rich fuel in an electrochemical process to generate

219

energy, electricity, or the transfer of heat.

220

d. "Wind energy" or "wind turbines" means rotary

221

mechanical equipment that uses wind to produce at least 10kw of

222

electrical energy.

223

2. The sale or use of the following in the state is exempt

224

from the tax imposed by this chapter:

225

a. Hydrogen-powered vehicles, materials incorporated into

226

hydrogen-powered vehicles, and hydrogen-fueling stations, up to

227

a limit of $2 million in tax each state fiscal year for all

228

taxpayers.

229

b. Commercial stationary hydrogen fuel cells, up to a

230

limit of $1 million in tax each state fiscal year for all

231

taxpayers.

232

c. Materials used in the distribution of biodiesel (B10-

233

B100) and ethanol (E10-E100), including fueling infrastructure,

234

transportation, and storage, up to a limit of $1 million in tax

235

each state fiscal year for all taxpayers. Gasoline fueling

236

station pump retrofits for ethanol (E10-E100) distribution

237

qualify for the exemption provided in this sub-subparagraph.

238

d. Wind turbines, up to a limit of $1 million in tax each

239

state fiscal year for all taxpayers.

240

3. The Department of Environmental Protection shall

241

provide to the department a list of items eligible for the

242

exemption provided in this paragraph.

243

4.a. The exemption provided in this paragraph shall be

244

available to a purchaser only through a refund of previously

245

paid taxes. Only the initial purchase of an eligible item from

246

the manufacturer is subject to refund. A purchaser who has

247

received a refund on an eligible item must notify any subsequent

248

purchaser of the item that the item is no longer eligible for a

249

refund of tax paid. This notification must be provided to the

250

subsequent purchaser on the sales invoice or other proof of

251

purchase.

252

b. To be eligible to receive the exemption provided in

253

this paragraph, a purchaser shall file an application with the

254

Department of Environmental Protection. The application shall be

255

developed by the Department of Environmental Protection, in

256

consultation with the department, and shall require:

257

(I) The name and address of the person claiming the

258

refund.

259

(II) A specific description of the purchase for which a

260

refund is sought, including, when applicable, a serial number or

261

other permanent identification number.

262

(III) The sales invoice or other proof of purchase showing

263

the amount of sales tax paid, the date of purchase, and the name

264

and address of the sales tax dealer from whom the property was

265

purchased.

266

(IV) A sworn statement that the information provided is

267

accurate and that the requirements of this paragraph have been

268

met.

269

c. Within 30 days after receipt of an application, the

270

Department of Environmental Protection shall review the

271

application and shall notify the applicant of any deficiencies.

272

Upon receipt of a completed application, the Department of

273

Environmental Protection shall evaluate the application for

274

exemption and issue a written certification that the applicant

275

is eligible for a refund or issue a written denial of such

276

certification within 60 days after receipt of the application.

277

The Department of Environmental Protection shall provide the

278

department with a copy of each certification issued upon

279

approval of an application.

280

d. Each certified applicant shall be responsible for

281

forwarding a certified copy of the application and copies of all

282

required documentation to the department within 6 months after

283

certification by the Department of Environmental Protection.

284

e. The provisions of s. 212.095 do not apply to any refund

285

application made pursuant to this paragraph. A refund approved

286

pursuant to this paragraph shall be made within 30 days after

287

formal approval by the department.

288

f. The Department of Environmental Protection shall adopt,

289

by rule, an application form, including the required content and

290

documentation to support the application, to claim the

291

exemption. The department may adopt all other rules pursuant to

292

ss. 120.536(1) and 120.54 to administer this paragraph,

293

including rules establishing additional forms and procedures for

294

claiming this exemption.

295

g. The Department of Environmental Protection shall be

296

responsible for ensuring that the total amounts of the

297

exemptions authorized do not exceed the limits as specified in

298

subparagraph 2.

299

5. The Department of Environmental Protection shall

300

determine and publish on a regular basis the amount of sales tax

301

funds remaining in each fiscal year.

302

6. This paragraph expires July 1, 2010, except as it

303

relates to wind turbines. The paragraph relating to wind

304

turbines expires July 1, 2012.

305

Section 5. Subsections (1), (2), and (6) of section

306

220.192, Florida Statutes, are amended to read:

307

220.192 Renewable energy technologies investment tax

308

credit.--

309

(1) DEFINITIONS.--For purposes of this section, the term:

310

(a) "Biodiesel" means biodiesel as defined in s.

311

212.08(7)(ccc).

312

(b) "Eligible costs" means:

313

1. Seventy-five percent of all capital costs, operation

314

and maintenance costs, and research and development costs

315

incurred between July 1, 2006, and June 30, 2010, up to a limit

316

of $3 million per state fiscal year for all taxpayers, in

317

connection with an investment in hydrogen-powered vehicles and

318

hydrogen vehicle fueling stations in the state, including, but

319

not limited to, the costs of constructing, installing, and

320

equipping such technologies in the state.

321

2. Seventy-five percent of all capital costs, operation

322

and maintenance costs, and research and development costs

323

incurred between July 1, 2006, and June 30, 2010, up to a limit

324

of $1.5 million per state fiscal year for all taxpayers, and

325

limited to a maximum of $12,000 per fuel cell, in connection

326

with an investment in commercial stationary hydrogen fuel cells

327

in the state, including, but not limited to, the costs of

328

constructing, installing, and equipping such technologies in the

329

state.

330

3. Seventy-five percent of all capital costs, operation

331

and maintenance costs, and research and development costs

332

incurred between July 1, 2006, and June 30, 2010, up to a limit

333

of $6.5 million per state fiscal year for all taxpayers, in

334

connection with an investment in the production, storage, and

335

distribution of biodiesel (B10-B100) and ethanol (E10-E100) in

336

the state, including the costs of constructing, installing, and

337

equipping such technologies in the state. Gasoline fueling

338

station pump retrofits for ethanol (E10-E100) distribution

339

qualify as an eligible cost under this subparagraph.

340

4. Seventy-five percent of all capital, operation and

341

maintenance costs, and research and development costs incurred

342

between July 1, 2008, and June 30, 2012, up to a limit of $9

343

million per state fiscal year for all taxpayers, in connection

344

with an investment in the production of wind energy.

345

346

212.08(7)(ccc).

347

(d) "Hydrogen fuel cell" means hydrogen fuel cell as

348

defined in s. 212.08(7)(ccc).

349

(e) "Wind energy" or "wind turbine" has the same meaning

350

as in s. 212.08(7)(ccc).

351

(2) TAX CREDIT.--

352

(a) For tax years beginning on or after January 1, 2007, a

353

credit against the tax imposed by this chapter shall be granted

354

in an amount equal to the eligible costs. Credits may be used in

355

tax years beginning January 1, 2007, and ending December 31,

356

2010, after which the credit shall expire. If the credit is not

357

fully used in any one tax year because of insufficient tax

358

liability on the part of the corporation, the unused amount may

359

be carried forward and used in tax years beginning January 1,

360

2007, and ending December 31, 2012, after which the credit

361

carryover expires and may not be used. A taxpayer that files a

362

consolidated return in this state as a member of an affiliated

363

group under s. 220.131(1) may be allowed the credit on a

364

consolidated return basis up to the amount of tax imposed upon

365

the consolidated group. Any eligible cost for which a credit is

366

claimed and which is deducted or otherwise reduces federal

367

taxable income shall be added back in computing adjusted federal

368

income under s. 220.13.

369

1. For tax years beginning on or after January 1, 2009, a

370

credit against the tax imposed by this chapter shall be granted

371

in an amount equal to the eligible costs related to wind energy.

372

Credits may be used in tax years beginning January 1, 2009, and

373

ending December 31, 2012, after which the credit shall expire.

374

If the credit is not fully used in any one tax year because of

375

insufficient tax liability on the part of the corporation, the

376

unused amount may be carried forward and used in tax years

377

beginning January 1, 2009, and ending December 31, 2014, after

378

which the credit carryover expires and may not be used.

379

2. A taxpayer who files a consolidated return in this

380

state as a member of an affiliated group under s. 220.131(1),

381

may be allowed the credit on a consolidated return basis up to

382

the amount of tax imposed upon the consolidated group. Any

383

eligible cost for which a credit is claimed and which is

384

deducted or otherwise reduces federal taxable income shall be

385

added back in computing adjusted federal income under s. 220.13.

386

(b) A corporation and a subsequent transferee allowed the

387

tax credit may transfer the tax credit, in whole or in part, to

388

any taxpayer by written agreement, without the requirement of

389

transferring any ownership interest in the property generating

390

the tax credit or any interest in the entity that owns the

391

property. A transferee is entitled to apply the credits against

392

the tax with the same effect as if the transferee had incurred

393

the eligible costs.

394

1. To perfect the transfer, the transferor must provide a

395

written transfer statement providing notice to the Department of

396

Revenue of the assignor's intent to transfer the tax credits to

397

the assignee; the date the transfer is effective; the assignee's

398

name, address, federal taxpayer identification number, and tax

399

period; and the amount of tax credits to be transferred. The

400

Department of Revenue shall issue, upon receipt of a transfer

401

statement conforming to the requirements of this section, a

402

certificate to the assignee reflecting the tax credit amounts

403

transferred, a copy of which shall be attached to each tax

404

return by an assignee in which such tax credits are used.

405

2. Tax credits derived by such entities treated as

406

corporations under this section which are not transferred by

407

such entities to other taxpayers under this subsection must be

408

passed through to the taxpayers designated as partners, members,

409

or owners, respectively, in any manner agreed to by such

410

persons, whether or not the persons are allocated or allowed any

411

portion of the federal energy tax credit with respect to the

412

eligible costs.

413

(6) RULES.--The Department of Revenue may shall have the

414

authority to adopt rules relating to:

415

(a) The forms required to claim a tax credit under this

416

section, the requirements and basis for establishing an

417

entitlement to a credit, and the examination and audit

418

procedures required to administer this section.

419

(b) The implementation and administration of the

420

provisions allowing a transfer of tax credits, including rules

421

prescribing forms, reporting requirements, and the specific

422

procedures, guidelines, and requirements necessary for a tax

423

credit to be transferred.

424

Section 6. Paragraph (d) of subsection (3) of section

425

255.249, Florida Statutes, is amended to read:

426

255.249 Department of Management Services; responsibility;

427

department rules.--

428

(3)

429

(d) By June 30 of each year, each state agency shall

430

annually provide to the department all information regarding

431

agency programs affecting the need for or use of space by that

432

agency, reviews of lease-expiration schedules for each

433

geographic area, active and planned full-time equivalent data,

434

business case analyses related to consolidation plans by an

435

agency, telecommuting plans, and current occupancy and

436

relocation costs, inclusive of furnishings, fixtures and

437

equipment, data, and communications.

438

Section 7. Section 255.251, Florida Statutes, is amended

439

to read:

440

255.251 Energy Conservation and Sustainable in Buildings

441

Act; short title.--Sections 255.21-255.258 may This act shall be

442

cited as the "Florida Energy Conservation and Sustainable in

443

Buildings Act of 1974."

444

Section 8. Section 255.252, Florida Statutes, is amended

445

to read:

446

255.252 Findings and intent.--

447

(1) Operating and maintenance expenditures associated with

448

energy equipment and with energy consumed in state-financed and

449

leased buildings represent a significant cost over the life of a

450

building. Energy conserved by appropriate building design not

451

only reduces the demand for energy but also reduces costs for

452

building operation. For example, commercial buildings are

453

estimated to use from 20 to 80 percent more energy than would be

454

required if energy-conserving designs were used. The size,

455

design, orientation, and operability of windows, the ratio of

456

ventilating air to air heated or cooled, the level of lighting

457

consonant with space-use requirements, the handling of occupancy

458

loads, and the ability to zone off areas not requiring

459

equivalent levels of heating or cooling are but a few of the

460

considerations necessary to conserving energy.

461

(2) Significant efforts are needed to build energy-

462

efficient state-owned buildings that meet environmental

463

standards and underway by the General Services Administration,

464

the National Institute of Standards and Technology, and others

465

to detail the considerations and practices for energy

466

conservation in buildings. Most important is that energy-

467

efficient designs provide energy savings over the life of the

468

building structure. Conversely, energy-inefficient designs cause

469

excess and wasteful energy use and high costs over that life.

470

With buildings lasting many decades and with energy costs

471

escalating rapidly, it is essential that the costs of operation

472

and maintenance for energy-using equipment and sustainable

473

materials be included in all design proposals for state-owned

474

state buildings.

475

(3) In order that such energy-efficiency and sustainable

476

materials considerations become a function of building design,

477

and also a model for future application in the private sector,

478

it shall be the policy of the state that buildings constructed

479

and financed by the state be designed and constructed with a

480

goal of meeting or exceeding the Platinum rating of the United

481

States Green Building Council (USGBC) Leadership in Energy and

482

Environmental Design (LEED) rating system in a manner which will

483

minimize the consumption of energy used in the operation and

484

maintenance of such buildings. It is further the policy of the

485

state, when economically feasible, to retrofit existing state-

486

owned buildings in a manner which will minimize the consumption

487

of energy used in the operation and maintenance of such

488

buildings.

489

(4) In addition to designing and constructing new

490

buildings to be energy-efficient, it shall be the policy of the

491

state to operate, maintain, and renovate existing state

492

facilities, or provide for their renovation, in accordance with

493

the United States Green Building Council's Leadership in Energy

494

and Environmental Design for Existing Buildings (LEED-EB) for

495

smaller renovations, or the United States Green Building

496

Council's Leadership in Energy and Environmental Design for New

497

Construction (LEED-NC) for major renovations, with a goal of

498

achieving the Platinum level in order to in a manner which will

499

minimize energy consumption and maximize building sustainability

500

as well as ensure that facilities leased by the state are

501

operated so as to minimize energy use. State government entities

502

Agencies are encouraged to consider shared savings financing of

503

such energy efficiency and conservation projects, using

504

contracts which split the resulting savings for a specified

505

period of time between the state government entity agency and

506

the private firm or cogeneration contracts which otherwise

507

permit the state to lower its net energy costs. Such energy

508

contracts may be funded from the operating budget.

509

(5) Each state government entity must identify and compile

510

a list of all state-owned buildings within its inventory which

511

it determines are suitable for a guaranteed energy performance

512

savings contract pursuant to s. 489.145. The list of state-owned

513

buildings compiled by each state government entity shall be

514

submitted to the Department of Management Services by December

515

31, 2008, and must include all criteria used to determine

516

suitability. The list of suitable buildings shall be developed

517

from the list of state-owned facilities greater than 5,000

518

square feet in area and for which the state government entity is

519

responsible for paying the expenses of utilities and other

520

operating expenses as they relate to energy use. In consultation

521

with each state government entity executive officer, by July 1,

522

2009, the department shall prioritize all facilities owned by a

523

state government entity deemed suitable for energy conservation

524

projects by each state government entity and shall develop an

525

energy efficiency project schedule based on factors such as

526

project magnitude, efficiency and effectiveness of energy

527

conservation measures to be implemented, and other factors that

528

may prove to be advantageous to pursue. The schedule shall

529

provide the deadline for guaranteed energy performance savings

530

contract improvements to be made to the state-owned buildings.

531

Section 9. Section 255.253, Florida Statutes, is amended

532

to read:

533

255.253 Definitions; ss. 255.251-255.258.--

534

(1) "Department" means the Department of Management

535

Services.

536

(2) "Facility" means a building or other structure.

537

(3) "Energy performance index or indices" (EPI) means a

538

number describing the energy requirements at the building

539

boundary of a facility, per square foot of floor space or per

540

cubic foot of occupied volume, as appropriate under defined

541

internal and external ambient conditions over an entire seasonal

542

cycle. As experience develops on the energy performance achieved

543

with state building, the indices (EPI) will serve as a measure

544

of building performance with respect to energy consumption.

545

(4) "Life-cycle costs" means the cost of owning,

546

operating, and maintaining the facility over the life of the

547

structure. This may be expressed as an annual cost for each year

548

of the facility's use.

549

(5) "Shared savings financing" means the financing of

550

energy conservation measures and maintenance services through a

551

private firm which may own any purchased equipment for the

552

duration of a contract, which may shall not exceed 10 years

553

unless so authorized by the department. The Such contract shall

554

specify that the private firm will be recompensed either out of

555

a negotiated portion of the savings resulting from the

556

conservation measures and maintenance services provided by the

557

private firm or, in the case of a cogeneration project, through

558

the payment of a rate for energy lower than would otherwise have

559

been paid for the same energy from current sources.

560

(6) "State government entity" means any state government

561

entity listed in chapter 20 or the State Constitution, and also

562

includes water management districts, the Senate, the House of

563

Representatives, the state court system, the State University

564

System, the State Community College System, or any other agency,

565

commission, council, office, board, authority, department, or

566

official of state government.

567

(7) "Sustainable building" means a building that is

568

healthy and comfortable for its occupants and is economical to

569

operate while conserving resources, including energy, water, raw

570

materials, and land, and minimizing the generation and use of

571

toxic materials and waste in its design, construction,

572

landscaping, and operation.

573

(8) "Sustainable building rating" means a rating

574

established by the United States Green Building Council (USGBC)

575

Leadership in Energy and Environmental Design (LEED) rating

576

system.

577

Section 10. Section 255.254, Florida Statutes, is amended

578

to read:

579

255.254 No facility constructed or leased without life-

580

cycle costs.--

581

(1) A No state government entity may not agency shall

582

lease, construct, or have constructed, within limits prescribed

583

herein, a facility without having secured from the department an

584

a proper evaluation of life-cycle costs, as computed by an

585

architect or engineer. Furthermore, construction shall proceed

586

only upon disclosing to the department, for the facility chosen,

587

the life-cycle costs as determined in s. 255.255, its

588

sustainable building rating goal, and the capitalization of the

589

initial construction costs of the building. The life-cycle costs

590

and the sustainable building rating goal shall be a primary

591

considerations consideration in the selection of a building

592

design. Such analysis shall be required only for construction of

593

buildings with an area of 5,000 square feet or greater. For

594

leased buildings areas of 5,000 20,000 square feet or greater

595

within a given building boundary, an energy performance a life-

596

cycle analysis shall be performed, and a lease shall only be

597

made only if where there is a showing that the energy life-cycle

598

costs incurred by the state are minimal compared to available

599

like facilities. Any building leased by the state from a

600

private-sector vendor must include, as a part of the lease,

601

provisions for monthly energy use data to be collected and

602

submitted monthly to the department by the owner of the

603

building.

604

(2) On and after January 1, 1979, a no state government

605

entity may not agency shall initiate construction or have

606

construction initiated, prior to approval thereof by the

607

department, on a facility or self-contained unit of any

608

facility, the design and construction of which incorporates or

609

contemplates the use of an energy system other than a solar

610

energy system when the life-cycle costs analysis prepared by the

611

department has determined that a solar energy system is the most

612

cost-efficient energy system for the facility or unit.

613

(3) After September 30, 1985, when any state government

614

entity agency must replace or supplement major items of energy-

615

consuming equipment in existing state-owned or leased facilities

616

or any self-contained unit of any facility with other major

617

items of energy-consuming equipment, the selection of such items

618

shall be made on the basis of a life-cycle cost analysis of

619

alternatives in accordance with rules promulgated by the

620

department under s. 255.255.

621

Section 11. Subsection (1) of section 255.255, Florida

622

Statutes, is amended to read:

623

255.255 Life-cycle costs.--

624

(1) The department shall adopt promulgate rules and

625

procedures, including energy conservation performance

626

guidelines, based on sustainable building ratings, for

627

conducting a life-cycle cost analysis of alternative

628

architectural and engineering designs and alternative major

629

items of energy-consuming equipment to be retrofitted in

630

existing state-owned or leased facilities and for developing

631

energy performance indices to evaluate the efficiency of energy

632

utilization for competing designs in the construction of state-

633

financed and leased facilities.

634

Section 12. Section 255.257, Florida Statutes, is amended

635

to read:

636

255.257 Energy management; buildings occupied by state

637

government entities agencies.--

638

(1) ENERGY CONSUMPTION AND COST DATA.--Each state

639

government entity agency shall collect data on energy

640

consumption and cost. The data gathered shall be on state-owned

641

facilities and metered state-leased facilities of 5,000 net

642

square feet or more. These data will be used in the computation

643

of the effectiveness of the state energy management plan and the

644

effectiveness of the energy management program of each of the

645

state government entity agencies.

646

(2) ENERGY MANAGEMENT COORDINATORS.--Each state government

647

entity agency, the Florida Public Service Commission, the

648

Department of Military Affairs, and the judicial branch shall

649

appoint a coordinator whose responsibility shall be to advise

650

the head of the state government entity agency on matters

651

relating to energy consumption in facilities under the control

652

of that head or in space occupied by the various units

653

comprising that state government entity agency, in vehicles

654

operated by that state government entity agency, and in other

655

energy-consuming activities of the state government entity

656

agency. The coordinator shall implement the energy management

657

program agreed upon by the state government entity agency

658

concerned.

659

(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The

660

Department of Management Services shall may develop a state

661

energy management plan consisting of, but not limited to, the

662

following elements:

663

(a) Data-gathering requirements;

664

(b) Building energy audit procedures;

665

666

(d) Employee energy education program measures;

667

(e) Energy consumption reduction techniques;

668

(f) Training program for state government entity agency

669

energy management coordinators; and

670

(g) Guidelines for building managers.

671

672

The plan shall include a description of the actions that each

673

state government entity must take to reduce consumption of

674

electricity and nonrenewable energy sources used for space

675

heating and cooling, ventilation, lighting, water heating, and

676

transportation.

677

(4) ENERGY AND ENVIRONMENTAL DESIGN.--

678

(a) Each state government entity shall adopt the standards

679

of the United States Green Building Council's Leadership in

680

Energy and Environmental Design for New Construction (LEED-NC)

681

for all new buildings, with a goal of achieving the LEED-NC

682

Platinum level rating for each construction project.

683

(b) Each state government entity shall implement the

684

United States Green Building Council's Leadership in Energy and

685

Environmental Design for Existing Buildings (LEED-EB) for all

686

buildings currently owned and operated by the department on

687

behalf of client agencies. A state governmental entity may

688

prioritize implementation of LEED-EB standards in order to gain

689

the greatest environmental benefit within existing budget for

690

property management.

691

692

leasing agreement for office space which does not meet Energy

693

Star building standards, except when determined by the

694

appropriate state government entity executive that no other

695

viable or cost-effective alternative exists.

696

(d) Each state government entity shall develop energy-

697

conservation measures and guidelines for new and existing office

698

space if the state government entity occupies more than 5,000

699

square feet. The conservation measures shall focus on programs

700

that reduce energy consumption and. when established, provide a

701

net reduction in occupancy costs.

702

Section 13. Section 286.275, Florida Statutes, is created

703

to read:

704

286.275 .-- Section 286.28 Climate Friendly Public

705

Business.--

706

(1) The legislature recognizes the importance of

707

leadership by state government in the area of energy efficiency

708

and in reducing the greenhouse gas emissions of state government

709

operations. The following shall pertain to all state government

710

entities, as defined in this section, when conducting public

711

business.

712

(a) The Department of Management Services shall develop

713

the "Florida Climate Friendly Preferred Products List." In

714

maintaining that list, the department in consultation with the

715

Department of Environmental Protection, will continually assess

716

products currently available for purchase under State Term

717

Contracts to identify specific products and vendors that have

718

clear energy efficiency or other environmental benefits over

719

competing products. When procuring products from state term

720

contracts, state government entities shall first consult the

721

Florida Climate Friendly Preferred Products List and procure

722

such products provided that the cost does not exceed by 5% the

723

most cost effective alternative commodity not included on the

724

list.

725

(b) Effective July 1, 2008, state government entities shall

726

only contract for meeting and conference space with hotels or

727

conference facilities that have received the "Green Lodging"

728

designation from the Department of Environmental Protection for

729

best practices in water, energy and waste efficiency standards,

730

unless the responsible state government entity's chief executive

731

officer makes a determination that no other viable alternative

732

exists. The Department of Environmental Protection is authorized

733

to adopt rules to implement the "Green Lodging" program.

734

735

authorized to establish voluntary technical assistance programs

736

in accordance with s. 403.074. Such programs may include the

737

Clean Marinas, Clean Boatyards, Clean Retailers, Clean Boaters,

738

and Green Yards programs. The programs may include

739

certifications, designations, or other forms of recognition.

740

The Department is authorized to implement some or all of these

741

programs through rulemaking, but need not implement any programs

742

through rulemaking provided that they do not impose requirements

743

on any person not wishing to participate in these programs. All

744

state government entities shall patronize businesses that have

745

received such certifications or designations to the greatest

746

extent practical.

747

(d) Each state government entity shall assure that all

748

maintained vehicles meet minimum maintenance schedules shown to

749

reduce fuel consumption which includes assuring appropriate tire

750

pressures and tread depth; replacing fuel filters and emission

751

filters at recommended intervals; using proper motor oils; and

752

performing timely motor maintenance. Each state government

753

entity will measure and report compliance to the Department of

754

Management Services through the Equipment Management Information

755

System database.

756

(e) When procuring new vehicles, all state government

757

entities shall first define the intended purpose for a vehicle

758

and determine which of the following use classes the vehicle is

759

being procured for:

760

1. State business travel, designated operator;

761

2 State business travel, pool operators;

762

3. Construction, agricultural or maintenance work;

763

4. Conveyance of passengers;

764

5. Conveyance of building or maintenance materials and

765

supplies;

766

6. Off-road vehicles, motorcycles and all-terrain

767

vehicles;

768

7. Emergency response; or

769

8. Other.

770

Vehicles in subparagraphs 1. through 8., when being processed

771

for purchase or leasing agreements, must be selected for the

772

greatest fuel efficiency available for a given use class when

773

fuel economy data are available. Exceptions may be made for

774

certain individual vehicles in subparagraph 7. when accompanied,

775

during the procurement process, by documentation indicating

776

that the operator or operators will exclusively be emergency

777

first responders or have special documented need for exceptional

778

vehicle performance characteristics. Any request for an

779

exception must be approved by the purchasing entity's chief

780

executive officer and any exceptional performance

781

characteristics denoted as a part of the procurement process

782

prior to purchase.

783

(f) All state government entities shall use ethanol and

784

biodiesel blended fuels when available. State government

785

entities administering central fueling operations for state-

786

owned vehicles shall procure biofuels for fleet needs to the

787

greatest extent practicable.

788

789

(2) When used in this section, the term "state government

790

entity" means any state government entity listed in chapter 20

791

or the Florida State Constitution and also includes water

792

management districts, the Florida Senate, the Florida House of

793

Representatives, the Florida State Court System, the State

794

University System, the Community College System, or any other

795

agency, commission, council, office, board, authority,

796

department or official of state government.

797

Section 14. Paragraph (b) of subsection (2) and subsection

798

(5) of section 287.063, Florida Statutes, are amended to read:

799

287.063 Deferred-payment commodity contracts; preaudit

800

review.--

801

(2)

802

(b) The Chief Financial Officer shall establish, by rule,

803

criteria for approving purchases made under deferred-payment

804

contracts which require the payment of interest. Criteria shall

805

include, but not be limited to, the following provisions:

806

1. No contract shall be approved in which interest exceeds

807

the statutory ceiling contained in this section. However, the

808

interest component of any master equipment financing agreement

809

entered into for the purpose of consolidated financing of a

810

deferred-payment, installment sale, or lease-purchase shall be

811

deemed to comply with the interest rate limitation of this

812

section so long as the interest component of every interagency

813

agreement under such master equipment financing agreement

814

complies with the interest rate limitation of this section.

815

2. No deferred-payment purchase for less than $30,000

816

shall be approved, unless it can be satisfactorily demonstrated

817

and documented to the Chief Financial Officer that failure to

818

make such deferred-payment purchase would adversely affect an

819

agency in the performance of its duties. However, the Chief

820

Financial Officer may approve any deferred-payment purchase if

821

the Chief Financial Officer determines that such purchase is

822

economically beneficial to the state.

823

3. No agency shall obligate an annualized amount of

824

payments for deferred-payment purchases in excess of current

825

operating capital outlay appropriations, unless specifically

826

authorized by law or unless it can be satisfactorily

827

demonstrated and documented to the Chief Financial Officer that

828

failure to make such deferred-payment purchase would adversely

829

affect an agency in the performance of its duties.

830

3.4. No contract shall be approved which extends payment

831

beyond 5 years, unless it can be satisfactorily demonstrated and

832

documented to the Chief Financial Officer that failure to make

833

such deferred-payment purchase would adversely affect an agency

834

in the performance of its duties. The payment term may not

835

exceed the useful life of the equipment unless the contract

836

provides for the replacement or the extension of the useful life

837

of the equipment during the term of the deferred payment

838

contract.

839

(5) For purposes of this section, the annualized amount of

840

any such deferred payment commodity contract must be supported

841

from available recurring funds appropriated to the agency in an

842

appropriation category, other than the expense appropriation

843

category as defined in chapter 216, that the Chief Financial

844

Officer has determined is appropriate or that the Legislature

845

has designated for payment of the obligation incurred under this

846

section.

847

Section 15. Subsections (10) and (11) of section 287.064,

848

Florida Statutes, are amended to read:

849

287.064 Consolidated financing of deferred-payment

850

purchases.--

851

(10) Costs incurred pursuant to a guaranteed energy

852

performance savings contract, including the cost of energy

853

conservation measures, each as defined in s. 489.145, may be

854

financed pursuant to a master equipment financing agreement;

855

however, the costs of training, operation, and maintenance may

856

not be financed. The period of time for repayment of the funds

857

drawn pursuant to the master equipment financing agreement under

858

this subsection may exceed 5 years but may not exceed 20 10

859

years for energy conservation measures under s. 489.145,

860

excluding the costs of training, operation, and maintenance. The

861

guaranteed energy performance savings contractor shall provide

862

for the replacement or the extension of the useful life of the

863

equipment during the term of the contract.

864

(11) For purposes of consolidated financing of deferred

865

payment commodity contracts under this section by a state

866

agency, any such contract must be supported from available

867

recurring funds appropriated to the agency in an appropriation

868

category, other than the expense appropriation category as

869

defined in chapter 216, that the Chief Financial Officer has

870

determined is appropriate or that the Legislature has designated

871

for payment of the obligation incurred under this section.

872

Section 16. Present paragraphs (a) through (n) of

873

subsection (2) of section 288.1089, Florida Statutes, are

874

redesignated as paragraphs (b) through (o), respectively, and a

875

new paragraph (a) is added to that subsection, subsection (3) of

876

that section is amended, and paragraph (d) is added to

877

subsection (4) of that section, to read:

878

288.1089 Innovation Incentive Program.--

879

(2) As used in this section, the term:

880

(a) "Alternative and renewable energy" means electrical,

881

mechanical, or thermal energy produced from a method that uses

882

one or more of the following fuels or energy sources: ethanol,

883

cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,

884

hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,

885

or geothermal.

886

(3) To be eligible for consideration for an innovation

887

incentive award, an innovation business, or research and

888

development entity, or alternative and renewable energy project

889

must submit a written application to Enterprise Florida, Inc.,

890

before making a decision to locate new operations in this state

891

or expand an existing operation in this state. The application

892

must include, but not be limited to:

893

(a) The applicant's federal employer identification

894

number, unemployment account number, and state sales tax

895

registration number. If such numbers are not available at the

896

time of application, they must be submitted to the office in

897

writing prior to the disbursement of any payments under this

898

section.

899

(b) The location in this state at which the project is

900

located or is to be located.

901

902

product, or research and development undertaken by the

903

applicant, including six-digit North American Industry

904

Classification System codes for all activities included in the

905

project.

906

(d) The applicant's projected investment in the project.

907

(e) The total investment, from all sources, in the

908

project.

909

(f) The number of net new full-time equivalent jobs in

910

this state the applicant anticipates having created as of

911

December 31 of each year in the project and the average annual

912

wage of such jobs.

913

(g) The total number of full-time equivalent employees

914

currently employed by the applicant in this state, if

915

applicable.

916

(h) The anticipated commencement date of the project.

917

(i) A detailed explanation of why the innovation incentive

918

is needed to induce the applicant to expand or locate in the

919

state and whether an award would cause the applicant to locate

920

or expand in this state.

921

(j) If applicable, an estimate of the proportion of the

922

revenues resulting from the project that will be generated

923

outside this state.

924

(4) To qualify for review by the office, the applicant

925

must, at a minimum, establish the following to the satisfaction

926

of Enterprise Florida, Inc., and the office:

927

(d) For an alternative and renewable energy project in

928

this state, the project must:

929

1. Demonstrate a plan for significant higher education

930

collaboration.

931

2. Provide the state, at a minimum, a break-even return on

932

investment within a 20-year period.

933

3. Include matching funds provided by the applicant or

934

other available sources. This requirement may be waived if the

935

office and the department determine that the merits of the

936

individual project or the specific circumstances warrant such

937

action.

938

Section 17. Subsections (1) and (7) and paragraphs (a) and

939

(b) of subsection (8) of section 339.175, Florida Statutes, are

940

amended to read:

941

339.175 Metropolitan planning organization.--

942

(1) PURPOSE.--It is the intent of the Legislature to

943

encourage and promote the safe and efficient management,

944

operation, and development of surface transportation systems

945

that will serve the mobility needs of people and freight and

946

foster economic growth and development within and through

947

urbanized areas of this state while minimizing transportation-

948

related fuel consumption, and air pollution, and greenhouse gas

949

emissions through metropolitan transportation planning processes

950

identified in this section. To accomplish these objectives,

951

metropolitan planning organizations, referred to in this section

952

as M.P.O.'s, shall develop, in cooperation with the state and

953

public transit operators, transportation plans and programs for

954

metropolitan areas. The plans and programs for each metropolitan

955

area must provide for the development and integrated management

956

and operation of transportation systems and facilities,

957

including pedestrian walkways and bicycle transportation

958

facilities that will function as an intermodal transportation

959

system for the metropolitan area, based upon the prevailing

960

principles provided in s. 334.046(1). The process for developing

961

such plans and programs shall provide for consideration of all

962

modes of transportation and shall be continuing, cooperative,

963

and comprehensive, to the degree appropriate, based on the

964

complexity of the transportation problems to be addressed. To

965

ensure that the process is integrated with the statewide

966

planning process, M.P.O.'s shall develop plans and programs that

967

identify transportation facilities that should function as an

968

integrated metropolitan transportation system, giving emphasis

969

to facilities that serve important national, state, and regional

970

transportation functions. For the purposes of this section,

971

those facilities include the facilities on the Strategic

972

Intermodal System designated under s. 339.63 and facilities for

973

which projects have been identified pursuant to s. 339.2819(4).

974

(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must

975

develop a long-range transportation plan that addresses at least

976

a 20-year planning horizon. The plan must include both long-

977

range and short-range strategies and must comply with all other

978

state and federal requirements. The prevailing principles to be

979

considered in the long-range transportation plan are: preserving

980

the existing transportation infrastructure; enhancing Florida's

981

economic competitiveness; and improving travel choices to ensure

982

mobility. The long-range transportation plan must be consistent,

983

to the maximum extent feasible, with future land use elements

984

and the goals, objectives, and policies of the approved local

985

government comprehensive plans of the units of local government

986

located within the jurisdiction of the M.P.O., and with adopted

987

regional visions that integrate transportation and land use

988

planning to provide for sustainable growth and reduce greenhouse

989

gas emissions. The approved long-range transportation plan must

990

be considered by local governments in the development of the

991

transportation elements in local government comprehensive plans

992

and any amendments thereto. The long-range transportation plan

993

must, at a minimum:

994

(a) Identify transportation facilities, including, but not

995

limited to, major roadways, airports, seaports, spaceports,

996

commuter rail systems, transit systems, and intermodal or

997

multimodal terminals that will function as an integrated

998

metropolitan transportation system. The long-range

999

transportation plan must give emphasis to those transportation

1000

facilities that serve national, statewide, or regional

1001

functions, and must consider the goals and objectives identified

1002

in the Florida Transportation Plan as provided in s. 339.155. If

1003

a project is located within the boundaries of more than one

1004

M.P.O., the M.P.O.'s must coordinate plans regarding the project

1005

in the long-range transportation plan.

1006

(b) Include a financial plan that demonstrates how the

1007

plan can be implemented, indicating resources from public and

1008

private sources which are reasonably expected to be available to

1009

carry out the plan, and recommends any additional financing

1010

strategies for needed projects and programs. The financial plan

1011

may include, for illustrative purposes, additional projects that

1012

would be included in the adopted long-range transportation plan

1013

if reasonable additional resources beyond those identified in

1014

the financial plan were available. For the purpose of developing

1015

the long-range transportation plan, the M.P.O. and the

1016

department shall cooperatively develop estimates of funds that

1017

will be available to support the plan implementation. Innovative

1018

financing techniques may be used to fund needed projects and

1019

programs. Such techniques may include the assessment of tolls,

1020

the use of value capture financing, or the use of value pricing.

1021

1022

to:

1023

1. Ensure the preservation of the existing metropolitan

1024

transportation system including requirements for the operation,

1025

resurfacing, restoration, and rehabilitation of major roadways

1026

and requirements for the operation, maintenance, modernization,

1027

and rehabilitation of public transportation facilities; and

1028

2. Make the most efficient use of existing transportation

1029

facilities to relieve vehicular congestion and maximize the

1030

mobility of people and goods.

1031

(d) Indicate, as appropriate, proposed transportation

1032

enhancement activities, including, but not limited to,

1033

pedestrian and bicycle facilities, scenic easements,

1034

landscaping, historic preservation, mitigation of water

1035

pollution due to highway runoff, and control of outdoor

1036

advertising.

1037

(e) In addition to the requirements of paragraphs (a)-(d),

1038

in metropolitan areas that are classified as nonattainment areas

1039

for ozone or carbon monoxide, the M.P.O. must coordinate the

1040

development of the long-range transportation plan with the State

1041

Implementation Plan developed pursuant to the requirements of

1042

the federal Clean Air Act.

1043

1044

In the development of its long-range transportation plan, each

1045

M.P.O. must provide the public, affected public agencies,

1046

representatives of transportation agency employees, freight

1047

shippers, providers of freight transportation services, private

1048

providers of transportation, representatives of users of public

1049

transit, and other interested parties with a reasonable

1050

opportunity to comment on the long-range transportation plan.

1051

The long-range transportation plan must be approved by the

1052

M.P.O.

1053

(8) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.

1054

shall, in cooperation with the state and affected public

1055

transportation operators, develop a transportation improvement

1056

program for the area within the jurisdiction of the M.P.O. In

1057

the development of the transportation improvement program, each

1058

M.P.O. must provide the public, affected public agencies,

1059

representatives of transportation agency employees, freight

1060

shippers, providers of freight transportation services, private

1061

providers of transportation, representatives of users of public

1062

transit, and other interested parties with a reasonable

1063

opportunity to comment on the proposed transportation

1064

improvement program.

1065

(a) Each M.P.O. is responsible for developing, annually, a

1066

list of project priorities and a transportation improvement

1067

program. The prevailing principles to be considered by each

1068

M.P.O. when developing a list of project priorities and a

1069

transportation improvement program are: preserving the existing

1070

transportation infrastructure; enhancing Florida's economic

1071

competitiveness; and improving travel choices to ensure

1072

mobility. The transportation improvement program will be used to

1073

initiate federally aided transportation facilities and

1074

improvements as well as other transportation facilities and

1075

improvements including transit, rail, aviation, spaceport, and

1076

port facilities to be funded from the State Transportation Trust

1077

Fund within its metropolitan area in accordance with existing

1078

and subsequent federal and state laws and rules and regulations

1079

related thereto. The transportation improvement program shall be

1080

consistent, to the maximum extent feasible, with the approved

1081

local government comprehensive plans of the units of local

1082

government whose boundaries are within the metropolitan area of

1083

the M.P.O., and with adopted regional visions that integrate

1084

transportation and land use planning to provide for sustainable

1085

growth and reduce greenhouse gas emissions, and include those

1086

projects programmed pursuant to s. 339.2819(4).

1087

(b) Each M.P.O. annually shall prepare a list of project

1088

priorities and shall submit the list to the appropriate district

1089

of the department by October 1 of each year; however, the

1090

department and a metropolitan planning organization may, in

1091

writing, agree to vary this submittal date. The list of project

1092

priorities must be formally reviewed by the technical and

1093

citizens' advisory committees, and approved by the M.P.O.,

1094

before it is transmitted to the district. The approved list of

1095

project priorities must be used by the district in developing

1096

the district work program and must be used by the M.P.O. in

1097

developing its transportation improvement program. The annual

1098

list of project priorities must be based upon project selection

1099

criteria that, at a minimum, consider the following:

1100

1. The approved M.P.O. long-range transportation plan;

1101

2. The Strategic Intermodal System Plan developed under s.

1102

339.64.

1103

3. The priorities developed pursuant to s. 339.2819(4).

1104

4. The results of the transportation management systems;

1105

and

1106

5. The M.P.O.'s public-involvement procedures; and.

1107

6. To provide for sustainable growth and reduce greenhouse

1108

gas emissions.

1109

Section 18. Section 366.82, Florida Statutes, is amended

1110

to read:

1111

366.82 Definition; goals; plans; programs; annual reports;

1112

energy audits.--

1113

(1) For the purposes of ss. 366.80-366.85 and 403.519,

1114

"utility" means any person or entity of whatever form which

1115

provides electricity or natural gas at retail to the public,

1116

specifically including municipalities or instrumentalities

1117

thereof and cooperatives organized under the Rural Electric

1118

Cooperative Law and specifically excluding any municipality or

1119

instrumentality thereof, any cooperative organized under the

1120

Rural Electric Cooperative Law, or any other person or entity

1121

providing natural gas at retail to the public whose annual sales

1122

volume is less than 100 million therms or any municipality or

1123

instrumentality thereof and any cooperative organized under the

1124

Rural Electric Cooperative Law providing electricity at retail

1125

to the public whose annual sales as of July 1, 1993, to end-use

1126

customers is less than 2,000 gigawatt hours.

1127

(2) The commission shall adopt appropriate goals for

1128

increasing the efficiency of energy consumption and increasing

1129

the development of cogeneration, specifically including goals

1130

designed to increase the conservation of expensive resources,

1131

such as petroleum fuels, to reduce and control the growth rates

1132

of electric consumption, and to reduce the growth rates of

1133

weather-sensitive peak demand. The Executive Office of the

1134

Governor shall be a party in the proceedings to adopt goals. The

1135

commission may change the goals for reasonable cause. The time

1136

period to review the goals, however, must shall not exceed 5

1137

years. After the programs and plans to meet those goals are

1138

completed, the commission shall determine what further goals,

1139

programs, or plans are warranted and, if so, shall adopt them.

1140

(3) The commission shall publish a notice of proposed

1141

rulemaking no later than July 1, 2009, requiring utilities to

1142

offset 20 percent of their annual load-growth through energy

1143

efficiency and conservation measures thereby constituting an

1144

energy efficiency portfolio standard. The commission may allow

1145

efficiency investments across generation, transmission, and

1146

distribution as well as efficiencies within the user base. As

1147

part of the implementation rules, the commission shall create an

1148

in-state market for tradable credits enabling those utilities

1149

that exceed the standard to sell credits to those that cannot

1150

meet the standard for a given year. This efficiency standard is

1151

separate from and exclusive of the renewable portfolio standard

1152

that requires electricity providers to obtain a minimum

1153

percentage of their power from renewable energy resources.

1154

(4)(3) Following adoption of goals pursuant to subsection

1155

(3) (2), the commission shall require each utility to develop

1156

plans and programs to meet the overall goals within its service

1157

area. If any plan or program includes loans, collection of

1158

loans, or similar banking functions by a utility and the plan is

1159

approved by the commission, the utility shall perform such

1160

functions, notwithstanding any other provision of the law. The

1161

commission may pledge up to $5 million of the Florida Public

1162

Service Regulatory Trust Fund to guarantee such loans. However,

1163

no utility shall be required to loan its funds for the purpose

1164

of purchasing or otherwise acquiring conservation measures or

1165

devices, but nothing herein shall prohibit or impair the

1166

administration or implementation of a utility plan as submitted

1167

by a utility and approved by the commission under this

1168

subsection. If the commission disapproves a plan, it shall

1169

specify the reasons for disapproval, and the utility whose plan

1170

is disapproved shall resubmit its modified plan within 30 days.

1171

Prior approval by the commission shall be required to modify or

1172

discontinue a plan, or part thereof, which has been approved. If

1173

any utility has not implemented its programs and is not

1174

substantially in compliance with the provisions of its approved

1175

plan at any time, the commission shall adopt programs required

1176

for that utility to achieve the overall goals. Utility programs

1177

may include variations in rate design, load control,

1178

cogeneration, residential energy conservation subsidy, or any

1179

other measure within the jurisdiction of the commission which

1180

the commission finds likely to be effective; this provision

1181

shall not be construed to preclude these measures in any plan or

1182

program.

1183

(5)(4) The commission shall require periodic reports from

1184

each utility and shall provide the Legislature and the Governor

1185

with an annual report by March 1 of the goals it has adopted and

1186

its progress toward meeting those goals. The commission shall

1187

also consider the performance of each utility pursuant to ss.

1188

366.80-366.85 and 403.519 when establishing rates for those

1189

utilities over which the commission has ratesetting authority.

1190

(6) The commission shall require municipal and cooperative

1191

utilities that are exempt from the Florida Energy Efficiency and

1192

Conservation Act to submit an annual report to the commission

1193

identifying energy efficiency and conservation goals and the

1194

actions taken to meet those goals.

1195

(7)(5) The commission shall require each utility to offer,

1196

or to contract to offer, energy audits to its residential

1197

customers. This requirement need not be uniform, but may be

1198

based on such factors as level of usage, geographic location, or

1199

any other reasonable criterion, so long as all eligible

1200

customers are notified. The commission may extend this

1201

requirement to some or all commercial customers. The commission

1202

shall set the charge for audits by rule, not to exceed the

1203

actual cost, and may describe by rule the general form and

1204

content of an audit. In the event one utility contracts with

1205

another utility to perform audits for it, the utility for which

1206

the audits are performed shall pay the contracting utility the

1207

reasonable cost of performing the audits. Each utility over

1208

which the commission has ratesetting authority shall estimate

1209

its costs and revenues for audits, conservation programs, and

1210

implementation of its plan for the immediately following 6-month

1211

period. Reasonable and prudent unreimbursed costs projected to

1212

be incurred, or any portion of such costs, may be added to the

1213

rates which would otherwise be charged by a utility upon

1214

approval by the commission, provided that the commission shall

1215

not allow the recovery of the cost of any company image-

1216

enhancing advertising or of any advertising not directly related

1217

to an approved conservation program. Following each 6-month

1218

period, each utility shall report the actual results for that

1219

period to the commission, and the difference, if any, between

1220

actual and projected results shall be taken into account in

1221

succeeding periods. The state plan as submitted for

1222

consideration under the National Energy Conservation Policy Act

1223

shall not be in conflict with any state law or regulation.

1224

(8)(6)(a) Notwithstanding the provisions of s. 377.703,

1225

the commission shall be the responsible state agency for

1226

performing, coordinating, implementing, or administering the

1227

functions of the state plan submitted for consideration under

1228

the National Energy Conservation Policy Act and any acts

1229

amendatory thereof or supplemental thereto and for performing,

1230

coordinating, implementing, or administering the functions of

1231

any future federal program delegated to the state which relates

1232

to consumption, utilization, or conservation of electricity or

1233

natural gas; and the commission shall have exclusive

1234

responsibility for preparing all reports, information, analyses,

1235

recommendations, and materials related to consumption,

1236

utilization, or conservation of electrical energy which are

1237

required or authorized by s. 377.703.

1238

(b) The Executive Office of the Governor shall be a party

1239

in the proceedings to adopt goals and shall file with the

1240

commission comments on the proposed goals including, but not

1241

limited to:

1242

1. An evaluation of utility load forecasts, including an

1243

assessment of alternative supply and demand side resource

1244

options.

1245

2. An analysis of various policy options which can be

1246

implemented to achieve a least-cost strategy.

1247

(9)(7) The commission shall establish all minimum

1248

requirements for energy auditors used by each utility. The

1249

commission is authorized to contract with any public agency or

1250

other person to provide any training, testing, evaluation, or

1251

other step necessary to fulfill the provisions of this

1252

subsection.

1253

(10) The commission shall immediately initiate rulemaking

1254

to allow utilities to install solar hot water systems and other

1255

renewable energy efficient technologies in residential homes and

1256

commercial facilities while retaining ownership of the systems.

1257

Utility expenditures for this purpose shall be placed in the

1258

utility's rate base as a capital investment and depreciated over

1259

20 years. The utilities may apply the credits for the investment

1260

in the solar hot water systems or other renewable energy

1261

efficient technologies to their renewable portfolio standard or

1262

their energy efficiency portfolio standard as determined in

1263

subsection (3).

1264

Section 19. Paragraph (d) of subsection (1) of section

1265

366.8255, Florida Statutes, is amended to read:

1266

366.8255 Environmental cost recovery.--

1267

(1) As used in this section, the term:

1268

(d) "Environmental compliance costs" includes all costs or

1269

expenses incurred by an electric utility in complying with

1270

environmental laws or regulations, including but not limited to:

1271

1. Inservice capital investments, including the electric

1272

utility's last authorized rate of return on equity thereon;

1273

2. Operation and maintenance expenses;

1274

3. Fuel procurement costs;

1275

4. Purchased power costs;

1276

5. Emission allowance costs;

1277

6. Direct taxes on environmental equipment; and

1278

7. Costs or expenses prudently incurred for scientific

1279

research and geological assessments of carbon capture and

1280

storage for the purpose of reducing an electric utility's

1281

greenhouse gas emissions when such costs or expenses are

1282

incurred in joint research projects with this state's government

1283

agencies and universities; and by an electric utility pursuant

1284

to an agreement entered into on or after the effective date of

1285

this act and prior to October 1, 2002, between the electric

1286

utility and the Florida Department of Environmental Protection

1287

or the United States Environmental Protection Agency for the

1288

exclusive purpose of ensuring compliance with ozone ambient air

1289

quality standards by an electrical generating facility owned by

1290

the electric utility.

1291

8. Costs or expenses prudently incurred for the

1292

quantification, reporting, and verification of greenhouse gas

1293

emissions by third parties as required for participation in

1294

emission registries.

1295

Section 20. Section 377.601, Florida Statutes, is amended

1296

to read:

1297

377.601 Legislative intent.--

1298

(1) The Legislature finds that this state's energy

1299

security can be increased by lessening dependence on foreign

1300

oil, that the impacts of global climate change can be reduced

1301

through the reduction of greenhouse gas emissions, and that the

1302

implementation of alternative energy technologies can be the

1303

source of new jobs and employment opportunities for many

1304

Floridians. The Legislature further finds that this state is

1305

positioned at the front line against potential impacts of global

1306

climate change. Human and economic costs of those impacts can be

1307

averted and, where necessary, adapted to by a concerted effort

1308

to make this state's communities more resilient and less

1309

vulnerable to these impacts. In focusing the government's policy

1310

and efforts to protect this state, its citizens, and resources,

1311

the Legislature believes that a single government entity have a

1312

specific focus on energy and climate change is both desirable

1313

and advantageous. the ability to deal effectively with present

1314

shortages of resources used in the production of energy is

1315

aggravated and intensified because of inadequate or nonexistent

1316

information and that intelligent response to these problems and

1317

to the development of a state energy policy demands accurate and

1318

relevant information concerning energy supply, distribution, and

1319

use. The Legislature finds and declares that a procedure for the

1320

collection and analysis of data on the energy flow in this state

1321

is essential to the development and maintenance of an energy

1322

profile defining the characteristics and magnitudes of present

1323

and future energy demands and availability so that the state may

1324

rationally deal with present energy problems and anticipate

1325

future energy problems.

1326

(2) The Legislature further recognizes that every state

1327

official dealing with energy problems should have current and

1328

reliable information on the types and quantity of energy

1329

resources produced, imported, converted, distributed, exported,

1330

stored, held in reserve, or consumed within the state.

1331

(3) It is the intent of the Legislature in the passage of

1332

this act to provide the necessary mechanisms for the effective

1333

development of information necessary to rectify the present lack

1334

of information which is seriously handicapping the state's

1335

ability to deal effectively with the energy problem. To this

1336

end, the provisions of ss. 377.601-377.608 should be given the

1337

broadest possible interpretation consistent with the stated

1338

legislative desire to procure vital information.

1339

(2)(4) It is the policy of the State of Florida to:

1340

(a) Recognize and address the potential impacts of global

1341

climate change wherever possible. Develop and promote the

1342

effective use of energy in the state and discourage all forms of

1343

energy waste.

1344

(b) Play a leading role in developing and instituting

1345

energy management programs aimed at promoting energy

1346

conservation, energy security, and the reduction of greenhouse

1347

gas emissions.

1348

1349

and local planning.

1350

(d) Utilize and manage effectively energy resources used

1351

within state agencies.

1352

(e) Encourage local governments to include energy

1353

considerations in all planning and to support their work in

1354

promoting energy management programs.

1355

(f) Include the full participation of citizens in the

1356

development and implementation of energy programs.

1357

(g) Consider in its decisions the energy needs of each

1358

economic sector, including residential, industrial, commercial,

1359

agricultural, and governmental uses and reduce those needs

1360

whenever possible.

1361

(h) Promote energy education and the public dissemination

1362

of information on energy and its environmental, economic, and

1363

social impact.

1364

(i) Encourage the research, development, demonstration,

1365

and application of alternative energy resources, particularly

1366

renewable energy resources.

1367

(j) Consider, in its decisionmaking, the social, economic,

1368

security, and environmental impacts of energy-related

1369

activities, including the whole life-cycle impacts of any

1370

potential energy use choices, so that detrimental effects of

1371

these activities are understood and minimized.

1372

(k) Develop and maintain energy emergency preparedness

1373

plans to minimize the effects of an energy shortage within

1374

Florida.

1375

Section 21. Section 403.44, Florida Statutes, is created

1376

to read:

1377

403.44 Florida Climate Protection Act.--

1378

(1) The Legislature finds it is in the best interest of

1379

this state to document, to the greatest extent practicable,

1380

greenhouse gas (GHG) emissions and to pursue a market-based

1381

emissions abatement program, such as cap-and-trade, to address

1382

GHG emissions reductions.

1383

(2) As used in this section, the term:

1384

(a) "Allowance" means a credit issued by the department

1385

through allotments or auction which represents an authorization

1386

to emit specific amounts of greenhouse gases, as further defined

1387

in department rule.

1388

(b) "Cap-and-trade" or "emissions trading" means an

1389

administrative approach used to control pollution by providing a

1390

limit on total allowable emissions, providing for allowances to

1391

emit pollutants, and providing for the transfer of the

1392

allowances among pollutant sources as a means of compliance with

1393

emission limits.

1394

1395

nitrous oxide, and fluorinated gases such as hydrofluorocarbons,

1396

perfluorocarbons, and sulfur hexafluoride.

1397

(d) "Leakage" means emission abatement that is achieved in

1398

one location and subject to emission control regulation may be

1399

offset by increased emissions in an unregulated locations.

1400

(e) "Major emitter" means an electric utility regulated

1401

under this chapter.

1402

(3) A major emitter must use the climate registry for

1403

purposes of emission registration and reporting.

1404

(4) The Department of Environmental Protection shall

1405

establish the methodologies, reporting periods, and reporting

1406

systems that must be used when major emitters report to the

1407

climate registry. The department may require the use of quality-

1408

assured data from continuous emissions-monitoring systems.

1409

(5) The department may adopt rules for a cap-and-trade

1410

regulatory program to reduce greenhouse gas emissions from major

1411

emitters. When developing the rules, the department shall

1412

consult with the Governor's action team and the Florida Energy

1413

Commission. The rules shall not become effective until ratified

1414

by the Legislature.

1415

(6) The rules of the cap-and-trade regulatory program

1416

shall include, but are not limited to:

1417

(a) A statewide limit or cap on the amount of GHG

1418

emissions emitted by a major emitter.

1419

(b) Methods, requirements, and conditions for allocating

1420

the cap among major emitters.

1421

1422

allowances and the process for issuing emissions allowances.

1423

(d) The relationship between allowances and the specific

1424

amounts of greenhouse gases they represent.

1425

(e) A process for the trade of allowances between major

1426

emitters, including a registry, tracking, or accounting system

1427

for such trades.

1428

(f) A safety valve to stop or modify the cap-and-trade

1429

process in order to reduce price and cost risks associated with

1430

the electric generation market in this state.

1431

(g) A process to allow the department to exercise its

1432

authority to discourage leakage of GHG emissions to neighboring

1433

states attributable to the implementation of this program.

1434

(h) Provisions for a trial period on the trading of

1435

allowances before full implementation of a trading system.

1436

(i) Other requirements necessary or desirable to implement

1437

this section.

1438

Section 22. Section 489.145, Florida Statutes, is amended

1439

to read:

1440

489.145 Guaranteed energy performance savings

1441

contracting.--

1442

(1) SHORT TITLE.--This section may be cited as the

1443

"Guaranteed Energy Performance Savings Contracting Act."

1444

(2) LEGISLATIVE FINDINGS.--The Legislature finds that

1445

investment in energy conservation measures in agency facilities

1446

can reduce the amount of energy consumed and produce immediate

1447

and long-term savings. It is the policy of this state to

1448

encourage agencies to invest in energy conservation measures

1449

that reduce energy consumption, produce a cost savings for the

1450

agency, and improve the quality of indoor air in public

1451

facilities and to operate, maintain, and, when economically

1452

feasible, build or renovate existing agency facilities in such a

1453

manner as to minimize energy consumption and maximize energy

1454

savings. It is further the policy of this state to encourage

1455

agencies to reinvest any energy savings resulting from energy

1456

conservation measures in additional energy conservation efforts.

1457

(3) DEFINITIONS.--As used in this section, the term:

1458

(a) "Agency" means the state, a municipality, or a

1459

political subdivision.

1460

(b) "Energy conservation measure" means a training

1461

program, facility alteration, or equipment purchase to be used

1462

in new construction, including an addition to an existing

1463

facility, which reduces energy or energy-relayed operating costs

1464

and includes, but is not limited to:

1465

1. Insulation of the facility structure and systems within

1466

the facility.

1467

2. Storm windows and doors, caulking or weatherstripping,

1468

multiglazed windows and doors, heat-absorbing, or heat-

1469

reflective, glazed and coated window and door systems,

1470

additional glazing, reductions in glass area, and other window

1471

and door system modifications that reduce energy consumption.

1472

3. Automatic energy control systems.

1473

4. Heating, ventilating, or air-conditioning system

1474

modifications or replacements.

1475

5. Replacement or modifications of lighting fixtures to

1476

increase the energy efficiency of the lighting system, which, at

1477

a minimum, must conform to the applicable state or local

1478

building code.

1479

6. Energy recovery systems.

1480

7. Cogeneration systems that produce steam or forms of

1481

energy such as heat, as well as electricity, for use primarily

1482

within a facility or complex of facilities.

1483

8. Energy conservation measures that reduce British

1484

thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)

1485

consumed or provide long-term operating cost reductions or

1486

significantly reduce Btu consumed.

1487

9. Renewable energy systems, such as solar, biomass, or

1488

wind systems.

1489

10. Devices that reduce water consumption or sewer

1490

charges.

1491

11. Storage systems, such as fuel cells and thermal

1492

storage.

1493

12. Generating technologies, such as microturbines.

1494

13. Any other repair, replacement, or upgrade of existing

1495

equipment.

1496

1497

the cost of fuel, energy consumption, and stipulated operation

1498

and maintenance created from the implementation of one or more

1499

energy conservation measures when compared with an established

1500

baseline for the previous cost of fuel, energy consumption, and

1501

stipulated operation and maintenance.

1502

(d) "Guaranteed energy performance savings contract" means

1503

a contract for the evaluation, recommendation, and

1504

implementation of energy conservation measures or energy-related

1505

operational saving measures, which, at a minimum, shall include:

1506

1. The design and installation of equipment to implement

1507

one or more of such measures and, if applicable, operation and

1508

maintenance of such measures.

1509

2. The amount of any actual annual savings that meet or

1510

exceed total annual contract payments made by the agency for the

1511

contract.

1512

3. The finance charges incurred by the agency over the

1513

life of the contract and may include allowable cost avoidance.

1514

As used in this section, allowable cost avoidance calculations

1515

include, but are not limited to, avoided provable budgeted costs

1516

contained in a capital replacement plan less the current

1517

undepreciated value of replaced equipment and the replacement

1518

cost of the new equipment.

1519

(e) "Guaranteed energy performance savings contractor"

1520

means a person or business that is licensed under chapter 471,

1521

chapter 481, or this chapter, and is experienced in the

1522

analysis, design, implementation, or installation of energy

1523

conservation measures through energy performance contracts.

1524

(4) PROCEDURES.--

1525

(a) An agency may enter into a guaranteed energy

1526

performance savings contract with a guaranteed energy

1527

performance savings contractor to significantly reduce energy

1528

consumption or energy-related operating costs of an agency

1529

facility through one or more energy conservation measures.

1530

(b) Before design and installation of energy conservation

1531

measures, the agency must obtain from a guaranteed energy

1532

performance savings contractor a report that summarizes the

1533

costs associated with the energy conservation measures or

1534

energy-related operational cost saving measures and provides an

1535

estimate of the amount of the energy cost savings. The agency

1536

and the guaranteed energy performance savings contractor may

1537

enter into a separate agreement to pay for costs associated with

1538

the preparation and delivery of the report; however, payment to

1539

the contractor shall be contingent upon the report's projection

1540

of energy or operational cost savings being equal to or greater

1541

than the total projected costs of the design and installation of

1542

the report's energy conservation measures.

1543

1544

performance savings contract with a guaranteed energy

1545

performance savings contractor if the agency finds that the

1546

amount the agency would spend on the energy conservation or

1547

energy-related cost saving measures will not likely exceed the

1548

amount of the energy or energy-related cost savings for up to 20

1549

years from the date of installation, based on the life cycle

1550

cost calculations provided in s. 255.255, if the recommendations

1551

in the report were followed and if the qualified provider or

1552

providers give a written guarantee that the energy or energy-

1553

related cost savings will meet or exceed the costs of the

1554

system. However, actual computed cost savings must meet or

1555

exceed the estimated cost savings provided in each agency's

1556

program approval. Baseline adjustments used in calculations must

1557

be specified in the contract. The contract may provide for

1558

installment payments for a period not to exceed 20 years.

1559

(d) A guaranteed energy performance savings contractor

1560

must be selected in compliance with s. 287.055; except that if

1561

fewer than three firms are qualified to perform the required

1562

services, the requirement for agency selection of three firms,

1563

as provided in s. 287.055(4)(b), and the bid requirements of s.

1564

287.057 do not apply.

1565

(e) Before entering into a guaranteed energy performance

1566

savings contract, an agency must provide published notice of the

1567

meeting in which it proposes to award the contract, the names of

1568

the parties to the proposed contract, and the contract's

1569

purpose.

1570

(f) A guaranteed energy performance savings contract may

1571

provide for financing, including tax-exempt financing, by a

1572

third party. The contract for third party financing may be

1573

separate from the energy performance contract. A separate

1574

contract for third party financing must include a provision that

1575

the third party financier under this paragraph must not be

1576

granted rights or privileges that exceed the rights and

1577

privileges available to the guaranteed energy performance

1578

savings contractor.

1579

(g) Financing for guaranteed energy performance savings

1580

contracts may be provided under the authority of s. 287.064.

1581

(h) The Office of the Chief Financial Officer shall review

1582

proposals to ensure that the most effective financing is being

1583

used.

1584

(i)(g) In determining the amount the agency will finance

1585

to acquire the energy conservation measures, the agency may

1586

reduce such amount by the application of any grant moneys,

1587

rebates, or capital funding available to the agency for the

1588

purpose of buying down the cost of the guaranteed energy

1589

performance savings contract. However, in calculating the life

1590

cycle cost as required in paragraph (c), the agency shall not

1591

apply any grants, rebates, or capital funding.

1592

(5) CONTRACT PROVISIONS.--

1593

(a) A guaranteed energy performance savings contract must

1594

include a written guarantee that may include, but is not limited

1595

to the form of, a letter of credit, insurance policy, or

1596

corporate guarantee by the guaranteed energy performance savings

1597

contractor that annual energy cost savings will meet or exceed

1598

the amortized cost of energy conservation measures.

1599

(b) The guaranteed energy performance savings contract

1600

must provide that all payments, except obligations on

1601

termination of the contract before its expiration, may be made

1602

over time, but not to exceed 20 years from the date of complete

1603

installation and acceptance by the agency, and that the annual

1604

savings are guaranteed to the extent necessary to make annual

1605

payments to satisfy the guaranteed energy performance savings

1606

contract.

1607

1608

must require that the guaranteed energy performance savings

1609

contractor to whom the contract is awarded provide a 100-percent

1610

public construction bond to the agency for its faithful

1611

performance, as required by s. 255.05.

1612

(d) The guaranteed energy performance savings contract may

1613

contain a provision allocating to the parties to the contract

1614

any annual energy cost savings that exceed the amount of the

1615

energy cost savings guaranteed in the contract.

1616

(e) The guaranteed energy performance savings contract

1617

shall require the guaranteed energy performance savings

1618

contractor to provide to the agency an annual reconciliation of

1619

the guaranteed energy or energy-related cost savings. If the

1620

reconciliation reveals a shortfall in annual energy or energy-

1621

related cost savings, the guaranteed energy performance savings

1622

contractor is liable for such shortfall. If the reconciliation

1623

reveals an excess in annual energy cost savings, the excess

1624

savings may be allocated under paragraph (d) but may not be used

1625

to cover potential energy cost savings shortages in subsequent

1626

contract years.

1627

(f) The guaranteed energy performance savings contract

1628

must provide for payments of not less than one-twentieth of the

1629

price to be paid within 2 years from the date of the complete

1630

installation and acceptance by the agency using straight-line

1631

amortization for the term of the loan, and the remaining costs

1632

to be paid at least quarterly, not to exceed a 20-year term,

1633

based on life cycle cost calculations.

1634

(g) The guaranteed energy performance savings contract may

1635

extend beyond the fiscal year in which it becomes effective;

1636

however, the term of any contract expires at the end of each

1637

fiscal year and may be automatically renewed annually for up to

1638

20 years, subject to the agency making sufficient annual

1639

appropriations based upon continued realized energy savings.

1640

(h) The guaranteed energy performance savings contract

1641

must stipulate that it does not constitute a debt, liability, or

1642

obligation of the state.

1643

(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The

1644

Department of Management Services, with the assistance of the

1645

Office of the Chief Financial Officer, shall may, within

1646

available resources, provide technical assistance to state

1647

agencies contracting for energy conservation measures and engage

1648

in other activities considered appropriate by the department for

1649

promoting and facilitating guaranteed energy performance

1650

contracting by state agencies. The Office of the Chief Financial

1651

Officer, with the assistance of the Department of Management

1652

Services, shall may, within available resources, develop model

1653

contractual and related documents for use by state agencies.

1654

Prior to entering into a guaranteed energy performance savings

1655

contract, any contract or lease for third-party financing, or

1656

any combination of such contracts, a state agency shall submit

1657

such proposed contract or lease to the Office of the Chief

1658

Financial Officer for review and approval. A proposed contract

1659

or lease must include:

1660

(a) Supporting information required by s. 216.023(4)(a);

1661

(b) Documentation supporting recurring funds requirements

1662

in ss. 287.063(5) and 287.064(11);

1663

1664

government entity, or his or her designee; and

1665

(d) An agency measurement and verification plan to monitor

1666

costs savings.

1667

(7) FUNDING SUPPORT.--For purposes of consolidated

1668

financing of deferred payment commodity contracts under this

1669

section by an agency, any contract must be supported from

1670

available funds appropriated to the agency in an appropriation

1671

category, as defined in chapter 216, which the Chief Financial

1672

Officer has determined is appropriate or which the Legislature

1673

has designated for payment of the obligation incurred under this

1674

section. The Office of the Chief Financial Officer may not

1675

approve any contract submitted under this section which does not

1676

meet the requirements of this section.

1677

Section 23. Section 526.201, Florida Statutes, is created

1678

to read:

1679

526.201 Short title.--Sections 526.201-526.2012, may be

1680

cited as the "Florida Renewable Fuel Standard Act."

1681

Section 24. Section 553.9061, Florida Statutes, is created

1682

to read:

1683

553.9061 Scheduled increases in thermal efficiency

1684

standards.--

1685

(1) The purpose of this section is to establish a schedule

1686

of increases in the energy performance of buildings subject to

1687

the Energy Efficiency Code for Building Construction. The

1688

Florida Building Commission shall implement the following goals

1689

through the triennial code adoption process:

1690

(a) Include the necessary provisions in the 2010 edition

1691

of the Energy Efficiency Code for Building Construction to

1692

increase the energy performance of new buildings by at least 20

1693

percent as compared to the 2007 energy code;

1694

(b) Increase the energy efficiency requirements of the

1695

2013 edition of the Energy Efficiency Code for Building

1696

Construction by at least 30 percent as compared to the 2007

1697

energy code;

1698

1699

2016 edition of the Energy Efficiency Code for Building

1700

Construction by at least 40 percent as compared to the 2007

1701

energy code; and

1702

(d) Increase the energy efficiency requirements of the

1703

2019 edition of the Energy Efficiency Code for Building

1704

Construction by at least 50 percent as compared to the 2007

1705

energy code.

1706

(2) The Florida Building Commission shall identify within

1707

code-support and compliance documentation the specific building

1708

options and elements available to meet the energy performance

1709

goals identified in this section.

1710

Section 25. Subsection (1) of section 553.957, Florida

1711

Statutes, is amended to read:

1712

553.957 Products covered by this part.--

1713

(1) The provisions of this part apply to the testing,

1714

certification, and enforcement of energy conservation standards

1715

for the following types of new commercial and residential

1716

products sold in the state:

1717

(a) Refrigerators, refrigerator-freezers, and freezers

1718

which can be operated by alternating current electricity,

1719

excluding:

1720

1. Any type designed to be used without doors; and

1721

2. Any type which does not include a compressor and

1722

condenser unit as an integral part of the cabinet assembly.

1723

(b) Lighting equipment.

1724

1725

(d) Electric water heaters used to heat potable water in

1726

homes or businesses.

1727

(e) Electric motors used to pump water within swimming

1728

pools.

1729

(f) Water heaters for swimming pools such that only such

1730

devices that use solar thermal radiation to heat water may be

1731

sold or installed in this state.

1732

(g)(d) Any other type of consumer product which the

1733

department classifies as a covered product as specified in this

1734

part.

1735

Section 26. Sections 220.193, and 377.701, Florida

1736

Statutes, are repealed.

1737

Section 27. The Public Service Commission shall analyze

1738

utility revenue decoupling and provide a report and

1739

recommendations to the Governor, the President of the Senate,

1740

and the Speaker of the House of Representatives by January 1,

1741

2009.

1742

Section 28. This act shall take effect July 1, 2008.

1743

1744

================ T I T L E A M E N D M E N T ================

1745

And the title is amended as follows:

1746

1747

Delete everything before the enacting clause

1748

and insert:

1749

A bill to be entitled

1750

An act relating to energy conservation; providing an

1751

effective date.SB 1544

3/5/2008 11:24:00 AM EP.EP.04481

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