1

Senator Saunders moved the following amendment:

2

3

     Senate Amendment (with title amendment)

4

     Delete line(s) 2448-3173

5

and insert:

6

     Section 34. The State Energy Program, as authorized and

7

governed by ss. 20.255, 288.041, 377.601-377.608, 377.701,

8

377.703, and 377.801-377.806, Florida Statutes, is transferred by

9

a type two transfer as defined in s. 20.06(2), Florida Statutes,

10

from the Department of Environmental Protection to the Florida

11

Energy and Climate Commission.

12

     Section 35.  Section 377.6015, Florida Statutes, is created

13

to read:

14

     377.6015 Florida Energy and Climate Commission.--

15

     (1) The Florida Energy and Climate Commission is created

16

and shall be located within the Executive Office of the Governor.

17

The commission shall be comprised of nine members, and shall be

18

appointed by the Governor, the Commissioner of Agriculture, and

19

the Chief Financial Officer as follows.

20

     (a) The Governor shall select from three persons nominated

21

by the Florida Public Service Commission Nominating Council,

22

created in s. 350.031, for each of seven seats on the commission.

23

The Commissioner of Agriculture shall select from three persons

24

nominated by the council for one seat on the commission. The

25

Chief Financial Officer shall select from three persons nominated

26

by the council for one seat on the commission.

27

     1. The council shall submit recommendations to the

28

Governor, the Commissioner of Agriculture, and the Chief

29

Financial Officer by September 1 of those years in which the

30

terms are to begin the following October, or within 60 days after

31

a vacancy occurs for any reason other than the expiration of a

32

term. The Governor, the Commissioner of Agriculture, and the

33

Chief Financial Officer may proffer names of persons to be

34

considered for nomination by the council.

35

     2. The Governor, the Commissioner of Agriculture, and the

36

Chief Financial Officer shall fill a vacancy occurring on the

37

commission by appointment of one of the applicants nominated by

38

the council only after a background investigation of the

39

applicant has been conducted by the Department of Law

40

Enforcement.

41

     3. Members shall be appointed to 3-year terms; however, in

42

order to establish staggered terms, for the initial appointments,

43

the Governor shall appoint four members to 3-year terms, two

44

members to 2-year terms, and one member to a 1-year term. The

45

Commissioner of Agriculture and the Chief Financial Officer shall

46

appoint a member each for 3-year terms and shall appoint a

47

successor when that appointee's term expires in the same manner

48

as provided in this paragraph and paragraph (b).

49

     4. The Governor shall select the chair of the commission

50

from one of the nine persons appointed to the commission.

51

     5. Vacancies on the commission shall be filled for the

52

unexpired portion of the term in the same manner as original

53

appointments to the commission.

54

     6. If the Governor, the Commissioner of Agriculture, and

55

the Chief Financial Officer have not made an appointment within

56

30 days after the receipt of the recommendations, the council

57

shall initiate, in accordance with this section, the nominating

58

process within 30 days.

59

     7. Each appointment to the commission is subject to

60

confirmation by the Senate during the next regular session after

61

the vacancy occurs. If the Senate refuses to confirm or fails to

62

consider an appointment, the council shall initiate, in

63

accordance with this section, the nominating process within 30

64

days.

65

     (b) Members must meet the following qualifications and

66

restrictions:

67

     1. A member must be an expert in one or more of the

68

following fields: energy, natural resource conservation,

69

economics, engineering, finance, law, transportation and land

70

use, consumer protection, state energy policy, or another field

71

substantially related to the duties and functions of the

72

commission. The commission shall fairly represent the fields

73

specified in this subparagraph.

74

     2. Each member shall, at the time of appointment and at

75

each commission meeting during his or her term of office,

76

disclose:

77

     a. Whether he or she has any financial interest, other than

78

ownership of shares in a mutual fund, in any business entity

79

that, directly or indirectly, owns or controls, or is an

80

affiliate or subsidiary of, any business entity that may be

81

affected by the policy recommendations developed by the

82

commission.

83

     b. Whether he or she is employed by or is engaged in any

84

business activity with any business entity that, directly or

85

indirectly, owns or controls, or is an affiliate or subsidiary

86

of, any business entity that may be affected by the policy

87

recommendations developed by the commission.

88

     (c) The chair may designate ex officio nonvoting members to

89

provide information and advice to the commission. The following

90

shall serve as ex officio nonvoting members and may provide

91

information and advice at the request of the chair:

92

     1. The chair of the Florida Public Service Commission, or

93

designee;

94

     2. The Public Counsel, or designee;

95

     3. A representative of the Department of Agriculture and

96

Consumer Services;

97

     4. A representative of the Department of Financial

98

Services;

99

     5. A representative of the Department of Environmental

100

Protection;

101

     6. A representative of the Department of Community Affairs;

102

     7. A representative of the Board of Governors of the State

103

University System; and

104

     8. A representative of the Department of Transportation.

105

     (2) Members shall serve without compensation, but are

106

entitled to reimbursement for per diem and travel expenses as

107

provided in s. 112.061.

108

     (3) Meetings of the commission may be held in various

109

locations around the state and at the call of the chair; however,

110

the commission must meet at least six times each year.

111

     (4) The commission may:

112

     (a) Employ staff and counsel as needed in the performance

113

of its duties.

114

     (b) Prosecute and defend legal actions in its own name.

115

     (c) Form advisory groups consisting of members of the

116

public to provide information on specific issues.

117

     (5) The commission shall:

118

     (a) Administer the Florida Renewable Energy and Energy

119

Efficient Technologies Grant Program authorized under s. 377.804

120

to assure a robust grant portfolio.

121

     (b) Develop policies that require grantees to provide

122

royalty-sharing or licensing agreements with state government for

123

commercialized products developed under a state grant.

124

     (c) Administer the Florida Green Government Grants Act

125

pursuant to s. 377.808 and set annual priorities for grants.

126

     (d) Administer the information gathering and reporting

127

functions pursuant to ss. 377.601-377.608.

128

     (e) Administer the petroleum planning and emergency

129

contingency planning pursuant to ss. 377.701 and 377.703-377.704.

130

     (f) Represent Florida in the Southern States Energy Compact

131

pursuant to ss. 377.71-377.712.

132

     (g) Upon completion by the Governor's Action Team on Energy

133

and Climate Change, complete the annual assessment of the

134

efficacy of Florida's Energy and Climate Change Action Plan

135

pursuant to the Governor's Executive Order 2007-128 and provide

136

specific recommendations to the Governor and the Legislature each

137

year to improve results.

138

     (h) Administer the provisions of the Florida Energy and

139

Climate Protection Act pursuant to ss. 377.801-377.806.

140

     (i) Advocate for energy and climate change issues and

141

provide educational outreach and technical assistance in

142

cooperation with Florida's academic institutions.

143

     (j) Be a party in the proceedings to adopt goals and submit

144

comments to the Public Service Commission pursuant to s. 366.82.

145

     (k) Adopt rules pursuant to chapter 120 to administer all

146

powers and duties described in this section.

147

     Section 36.  Section 377.602, Florida Statutes, is amended

148

to read:

149

     377.602 Definitions.--As used in ss. 377.601-377.608, the

150

term:

151

     (1) "Commission" means the Florida Energy and Climate

152

Commission.

153

     (2) "Department" means the Department of Environmental

154

Protection.

155

     (3)(1) "Energy resources" includes, but is shall not be

156

limited to:

157

     (a) Energy converted from solar radiation, wind, hydraulic

158

potential, tidal movements, biomass, geothermal sources, and

159

other energy resources the commission determines to be important

160

to the production or supply of energy.

161

     (b)(a) Propane, butane, motor gasoline, kerosene, home

162

heating oil, diesel fuel, other middle distillates, aviation

163

gasoline, kerosene-type jet fuel, naphtha-type jet fuel, residual

164

fuels, crude oil, and other petroleum products and hydrocarbons

165

as may be determined by the department to be of importance.

166

     (c)(b) All natural gas, including casinghead gas, all other

167

hydrocarbons not defined as petroleum products in paragraph (a),

168

and liquefied petroleum gas as defined in s. 527.01.

169

     (d)(c) All types of coal and products derived from its

170

conversion and used as fuel.

171

     (e)(d) All types of nuclear energy, special nuclear

172

material, and source material, as defined in s. 290.07.

173

     (e) Every other energy resource, whether natural or manmade

174

which the department determines to be important to the production

175

or supply of energy, including, but not limited to, energy

176

converted from solar radiation, wind, hydraulic potential, tidal

177

movements, and geothermal sources.

178

     (f)  All electrical energy.

179

     (2) "Department" means the Department of Environmental

180

Protection.

181

     (4)(3) "Person" means producer, refiner, wholesaler,

182

marketer, consignee, jobber, distributor, storage operator,

183

importer, exporter, firm, corporation, broker, cooperative,

184

public utility as defined in s. 366.02, rural electrification

185

cooperative, municipality engaged in the business of providing

186

electricity or other energy resources to the public, pipeline

187

company, person transporting any energy resources as defined in

188

subsection (1), and person holding energy reserves for further

189

production; however, the term "person" does not include persons

190

exclusively engaged in the retail sale of petroleum products.

191

     Section 37.  Section 377.603, Florida Statutes, is amended

192

to read:

193

     377.603  Energy data collection; powers and duties of the

194

commission Department of Environmental Protection.--

195

     (1) The commission department may shall collect data on the

196

extraction, production, importation, exportation, refinement,

197

transportation, transmission, conversion, storage, sale, or

198

reserves of energy resources in this state in an efficient and

199

expeditious manner.

200

     (2) The commission department may shall prepare periodic

201

reports of energy data it collects.

202

     (3) The department shall prescribe and furnish forms for

203

the collection of information as required by ss. 377.601-377.608

204

and shall consult with other state entities to assure that such

205

data collected will meet their data requirements.

206

     (3)(4) The commission department may adopt and promulgate

207

such rules and regulations as are necessary to carry out the

208

provisions of ss. 377.601-377.608. Such rules shall be pursuant

209

to chapter 120.

210

     (4)(5) The commission department shall maintain internal

211

validation procedures to assure the accuracy of information

212

received.

213

     Section 38.  Section 377.604, Florida Statutes, is amended

214

to read:

215

     377.604  Required reports.--Every person who produces,

216

imports, exports, refines, transports, transmits, converts,

217

stores, sells, or holds known reserves of any form of energy

218

resources used as fuel shall report to the commission department

219

at the commission's request at a frequency set, and in a manner

220

prescribed, by the commission department, on forms provided by

221

the commission department and prepared with the advice of

222

representatives of the energy industry. Such forms shall be

223

designed in such a manner as to indicate:

224

     (1)  The identity of the person or persons making the

225

report.

226

     (2)  The quantity of energy resources extracted, produced,

227

imported, exported, refined, transported, transmitted, converted,

228

stored, or sold except at retail.

229

     (3)  The quantity of energy resources known to be held in

230

reserve in the state.

231

     (4)  The identity of each refinery from which petroleum

232

products have normally been obtained and the type and quantity of

233

products secured from that refinery for sale or resale in this

234

state.

235

     (5) Any other information which the commission department

236

deems proper pursuant to the intent of ss. 377.601-377.608.

237

     Section 39.  Section 377.605, Florida Statutes, is amended

238

to read:

239

     377.605 Use of existing information.--The commission

240

department may use shall utilize to the fullest extent possible

241

any existing energy information already prepared for state or

242

federal agencies. Every state, county, and municipal agency shall

243

cooperate with the commission department and shall submit any

244

information on energy to the commission department upon request.

245

     Section 40.  Section 377.606, Florida Statutes, is amended

246

to read:

247

     377.606 Records of the commission department; limits of

248

confidentiality.--The information or records of individual

249

persons, as defined herein, obtained by the commission department

250

as a result of a report, investigation, or verification required

251

by the commission department, shall be open to the public, except

252

such information the disclosure of which would be likely to cause

253

substantial harm to the competitive position of the person

254

providing such information and which is requested to be held

255

confidential by the person providing such information. Such

256

proprietary information is confidential and exempt from the

257

provisions of s. 119.07(1). Information reported by entities

258

other than the commission department in documents or reports open

259

to public inspection may not shall under no circumstances be

260

classified as confidential by the commission department.

261

Divulgence of proprietary information as is requested to be held

262

confidential, except upon order of a court of competent

263

jurisdiction or except to an officer of the state entitled to

264

receive the same in his or her official capacity, is shall be a

265

misdemeanor of the second degree, punishable as provided in ss.

266

775.082 and 775.083. Nothing herein shall be construed to

267

prohibit the publication or divulgence by other means of data so

268

classified as to prevent identification of particular accounts or

269

reports made to the commission department in compliance with s.

270

377.603 or to prohibit the disclosure of such information to

271

properly qualified legislative committees. The commission

272

department shall establish a system which permits reasonable

273

access to information developed.

274

     Section 41.  Section 377.701, Florida Statutes, is amended

275

to read:

276

     377.701  Petroleum allocation.--

277

     (1) The Florida Energy and Climate Commission Department of

278

Environmental Protection shall assume the state's role in

279

petroleum allocation and conservation, including the development

280

of a fair and equitable petroleum plan. The commission department

281

shall constitute the responsible state agency for performing the

282

functions of any federal program delegated to the state, which

283

relates to petroleum supply, demand, and allocation.

284

     (2) The commission department shall, in addition to

285

assuming the duties and responsibilities provided by subsection

286

(1), perform the following:

287

     (a)  In projecting available supplies of petroleum,

288

coordinate with the Department of Revenue to secure information

289

necessary to assure the sufficiency and accuracy of data

290

submitted by persons affected by any federal fuel allocation

291

program.

292

     (b)  Require such periodic reports from public and private

293

sources as may be necessary to the fulfillment of its

294

responsibilities under this act. Such reports may include:

295

petroleum use; all sales, including end-user sales, except retail

296

gasoline and retail fuel oil sales; inventories; expected

297

supplies and allocations; and petroleum conservation measures.

298

     (c)  In cooperation with the Department of Revenue and other

299

relevant state agencies, provide for long-range studies regarding

300

the usage of petroleum in the state in order to:

301

     1.  Comprehend the consumption of petroleum resources.

302

     2.  Predict future petroleum demands in relation to

303

available resources.

304

     3.  Report the results of such studies to the Legislature.

305

     (3)  For the purpose of determining accuracy of data, all

306

state agencies shall timely provide the commission department

307

with petroleum-use information in a format suitable to the needs

308

of the allocation program.

309

     (4) A No state employee may not shall divulge or make known

310

in any manner any proprietary information acquired under this act

311

if the disclosure of such information would be likely to cause

312

substantial harm to the competitive position of the person

313

providing such information and if the person requests that such

314

information be held confidential, except in accordance with a

315

court order or in the publication of statistical information

316

compiled by methods which do would not disclose the identity of

317

individual suppliers or companies. Such proprietary information

318

is confidential and exempt from the provisions of s. 119.07(1).

319

Nothing in this subsection shall be construed to prevent

320

inspection of reports by the Attorney General, members of the

321

Legislature, and interested state agencies; however, such

322

agencies and their employees and members are bound by the

323

requirements set forth in this subsection.

324

     (5)  Any person who willfully fails to submit information

325

required by this act or submits false information or who violates

326

any provision of this act commits is guilty of a misdemeanor of

327

the first degree and shall be punished as provided in ss. 775.082

328

and 775.083.

329

     Section 42.  Section 377.703, Florida Statutes, is amended

330

to read:

331

     377.703 Additional functions of the commission Department

332

of Environmental Protection; energy emergency contingency plan;

333

federal and state conservation programs.--

334

     (1)  LEGISLATIVE INTENT.--Recognizing that energy supply and

335

demand questions have become a major area of concern to the state

336

and which must be dealt with by effective and well-coordinated

337

state action, it is the intent of the Legislature to promote the

338

efficient, effective, and economical management of energy

339

problems, centralize energy coordination responsibilities,

340

pinpoint responsibility for conducting energy programs, and

341

ensure the accountability of state agencies for the

342

implementation of s. 377.601(4), the state energy policy. It is

343

the specific intent of the Legislature that nothing in this act

344

shall in any way change the powers, duties, and responsibilities

345

assigned by the Florida Electrical Power Plant Siting Act, part

346

II of chapter 403, or the powers, duties, and responsibilities of

347

the Florida Public Service Commission.

348

     (2) DEFINITIONS.--

349

     (a) "Coordinate," "coordination," or "coordinating" means

350

the examination and evaluation of state plans and programs and

351

the providing of recommendations to the Cabinet, Legislature, and

352

appropriate state agency on any measures deemed necessary to

353

ensure that such plans and programs are consistent with state

354

energy policy.

355

     (b) "Energy conservation" means increased efficiency in the

356

utilization of energy.

357

     (c) "Energy emergency" means an actual or impending

358

shortage or curtailment of usable, necessary energy resources,

359

such that the maintenance of necessary services, the protection

360

of public health, safety, and welfare, or the maintenance of

361

basic sound economy is imperiled in any geographical section of

362

the state or throughout the entire state.

363

     (d) "Energy source" means electricity, fossil fuels, solar

364

power, wind power, hydroelectric power, nuclear power, or any

365

other resource which has the capacity to do work.

366

     (e) "Facilities" means any building or structure not

367

otherwise exempted by the provisions of this act.

368

     (f) "Fuel" means petroleum, crude oil, petroleum product,

369

coal, natural gas, or any other substance used primarily for its

370

energy content.

371

     (g) "Local government" means any county, municipality,

372

regional planning agency, or other special district or local

373

governmental entity the policies or programs of which may affect

374

the supply or demand, or both, for energy in the state.

375

     (h) "Promotion" or "promote" means to encourage, aid,

376

assist, provide technical and financial assistance, or otherwise

377

seek to plan, develop, and expand.

378

     (i) "Regional planning agency" means those agencies

379

designated as regional planning agencies by the Department of

380

Community Affairs.

381

     (j) "Renewable energy resource" means any method, process,

382

or substance the use of which does not diminish its availability

383

or abundance, including, but not limited to, biomass conversion,

384

geothermal energy, solar energy, wind energy, wood fuels derived

385

from waste, ocean thermal gradient power, hydroelectric power,

386

and fuels derived from agricultural products.

387

     (2)(3) FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF

388

ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of

389

Environmental Protection shall, in addition to assuming the

390

duties and responsibilities provided by ss. 20.255 and 377.701,

391

perform the following functions consistent with the development

392

of a state energy policy:

393

     (a) The commission department shall assume the

394

responsibility for development of an energy emergency contingency

395

plan to respond to serious shortages of primary and secondary

396

energy sources. Upon a finding by the Governor, implementation of

397

any emergency program shall be upon order of the Governor that a

398

particular kind or type of fuel is, or that the occurrence of an

399

event which is reasonably expected within 30 days will make the

400

fuel, in short supply. The commission department shall then

401

respond by instituting the appropriate measures of the

402

contingency plan to meet the given emergency or energy shortage.

403

The Governor may use utilize the provisions of s. 252.36(5) to

404

carry out any emergency actions required by a serious shortage of

405

energy sources.

406

     (b) The commission department shall be constitute the

407

responsible state agency for performing or coordinating the

408

functions of any federal energy programs delegated to the state,

409

including energy supply, demand, conservation, or allocation.

410

     (c) The commission department shall analyze present and

411

proposed federal energy programs and make recommendations

412

regarding those programs to the Governor.

413

     (d) The commission department shall coordinate efforts to

414

seek federal support or other support for state energy

415

activities, including energy conservation, research, or

416

development, and shall be the state agency responsible for the

417

coordination of multiagency energy conservation programs and

418

plans.

419

     (e) The commission department shall analyze energy data

420

collected and prepare long-range forecasts of energy supply and

421

demand in coordination with the Florida Public Service

422

Commission, which shall have responsibility for electricity and

423

natural gas forecasts. To this end, the forecasts shall contain:

424

     1.  An analysis of the relationship of state economic growth

425

and development to energy supply and demand, including the

426

constraints to economic growth resulting from energy supply

427

constraints.

428

     2.  Plans for the development of renewable energy resources

429

and reduction in dependence on depletable energy resources,

430

particularly oil and natural gas, and an analysis of the extent

431

to which renewable energy sources are being utilized in the

432

state.

433

     3.  Consideration of alternative scenarios of statewide

434

energy supply and demand for 5, 10, and 20 years, to identify

435

strategies for long-range action, including identification of

436

potential social, economic, and environmental effects.

437

     4.  An assessment of the state's energy resources, including

438

examination of the availability of commercially developable and

439

imported fuels, and an analysis of anticipated effects on the

440

state's environment and social services resulting from energy

441

resource development activities or from energy supply

442

constraints, or both.

443

     (f) The commission department shall annually prepare and

444

submit make a report, as requested by to the Governor and or the

445

Legislature, reflecting its activities and making recommendations

446

of policies for improvement of the state's response to energy

447

supply and demand and its effect on the health, safety, and

448

welfare of the people of Florida. The report shall include a

449

report from the Florida Public Service Commission on electricity

450

and natural gas and information on energy conservation programs

451

conducted and under way in the past year and shall include

452

recommendations for energy conservation programs for the state,

453

including, but not limited to, the following factors:

454

     1.  Formulation of specific recommendations for improvement

455

in the efficiency of energy utilization in governmental,

456

residential, commercial, industrial, and transportation sectors.

457

     2.  Collection and dissemination of information relating to

458

energy conservation.

459

     3.  Development and conduct of educational and training

460

programs relating to energy conservation.

461

     4.  An analysis of the ways in which state agencies are

462

seeking to implement s. 377.601(4), the state energy policy, and

463

recommendations for better fulfilling this policy.

464

     (g) The commission is authorized department has authority

465

to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

466

the provisions of this act.

467

     (h) The commission shall promote Promote the development

468

and use of renewable energy resources, in conformance with the

469

provisions of chapter 187 and s. 377.601, by:

470

     1.  Establishing goals and strategies for increasing the use

471

of solar energy in this state.

472

     2.  Aiding and promoting the commercialization of solar

473

energy technology, in cooperation with the Florida Solar Energy

474

Center, Enterprise Florida, Inc., and any other federal, state,

475

or local governmental agency which may seek to promote research,

476

development, and demonstration of solar energy equipment and

477

technology.

478

     3.  Identifying barriers to greater use of solar energy

479

systems in this state, and developing specific recommendations

480

for overcoming identified barriers, with findings and

481

recommendations to be submitted annually in the report to the

482

Legislature required under paragraph (f).

483

     4. In cooperation with the Department of Environmental

484

Protection, Department of Transportation, the Department of

485

Community Affairs, Enterprise Florida, Inc., the Florida Solar

486

Energy Center, and the Florida Solar Energy Industries

487

Association, investigating opportunities, pursuant to the

488

National Energy Policy Act of 1992 and the Housing and Community

489

Development Act of 1992, and any subsequent federal legislation,

490

for solar electric vehicles and other solar energy manufacturing,

491

distribution, installation, and financing efforts which will

492

enhance this state's position as the leader in solar energy

493

research, development, and use.

494

     5.  Undertaking other initiatives to advance the development

495

and use of renewable energy resources in this state.

496

497

In the exercise of its responsibilities under this paragraph, the

498

commission department shall seek the assistance of the solar

499

energy industry in this state and other interested parties and is

500

authorized to enter into contracts, retain professional

501

consulting services, and expend funds appropriated by the

502

Legislature for such purposes.

503

     (i) The commission department shall promote energy

504

conservation in all energy use sectors throughout the state and

505

shall constitute the state agency primarily responsible for this

506

function. To this end, the department shall coordinate the energy

507

conservation programs of all state agencies and review and

508

comment on the energy conservation programs of all state

509

agencies.

510

     (j) The commission department shall serve as the state

511

clearinghouse for indexing and gathering all information related

512

to energy programs in state universities, in private

513

universities, in federal, state, and local government agencies,

514

and in private industry and shall prepare and distribute such

515

information in any manner necessary to inform and advise the

516

citizens of the state of such programs and activities. This

517

includes shall include developing and maintaining a current index

518

and profile of all research activities, which shall be identified

519

by energy area and may include a summary of the project, the

520

amount and sources of funding, anticipated completion dates, or,

521

in case of completed research, conclusions, recommendations, and

522

applicability to state government and private sector functions.

523

The commission department shall coordinate, promote, and respond

524

to efforts by all sectors of the economy to seek financial

525

support for energy activities. The commission department shall

526

provide information to consumers regarding the anticipated

527

energy-use and energy-saving characteristics of products and

528

services in coordination with any federal, state, or local

529

governmental agencies that as may provide such information to

530

consumers.

531

     (k) The commission department shall coordinate energy-

532

related programs of state government, including, but not limited

533

to, the programs provided in this section. To this end, the

534

commission department shall:

535

     1.  Provide assistance to other state agencies, counties,

536

municipalities, and regional planning agencies to further and

537

promote their energy planning activities.

538

     2.  Require, in cooperation with the Department of

539

Management Services, all state agencies to operate state-owned

540

and state-leased buildings in accordance with energy conservation

541

standards as adopted by the Department of Management Services.

542

Every 3 months, the Department of Management Services shall

543

furnish the commission department data on agencies' energy

544

consumption and emissions of greenhouse gases in a format

545

prescribed by the commission. mutually agreed upon by the two

546

departments.

547

     3.  Promote the development and use of renewable energy

548

resources, energy efficiency technologies, and conservation

549

measures.

550

     4.  Promote the recovery of energy from wastes, including,

551

but not limited to, the use of waste heat, the use of

552

agricultural products as a source of energy, and recycling of

553

manufactured products. Such promotion shall be conducted in

554

conjunction with, and after consultation with, the Department of

555

Environmental Protection, the Florida Public Service Commission

556

if where electrical generation or natural gas is involved, and

557

any other relevant federal, state, or local governmental agency

558

having responsibility for resource recovery programs.

559

     (l) The commission department shall develop, coordinate,

560

and promote a comprehensive research plan for state programs.

561

Such plan shall be consistent with state energy policy and shall

562

be updated on a biennial basis.

563

     (m)  In recognition of the devastation to the economy of

564

this state and the dangers to the health and welfare of state

565

residents of this state caused by severe hurricanes, Hurricane

566

Andrew, and the potential for such impacts caused by other

567

natural disasters, the commission department shall include in its

568

energy emergency contingency plan and provide to the Florida

569

Building Commission Department of Community Affairs for inclusion

570

in the Florida Energy Efficiency Code for Building Construction

571

state model energy efficiency building code specific provisions

572

to facilitate the use of cost-effective solar energy technologies

573

as emergency remedial and preventive measures for providing

574

electric power, street lighting, and water heating service in the

575

event of electric power outages.

576

     (3)(4) The commission department shall be responsible for

577

the administration of the Coastal Energy Impact Program provided

578

for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.

579

     Section 43.  Paragraph (a) of subsection (2) of section

580

377.705, Florida Statutes, is amended to read:

581

     377.705  Solar Energy Center; development of solar energy

582

standards.--

583

     (2)  LEGISLATIVE FINDINGS AND INTENT.--

584

     (a) The Legislature recognizes that if present trends

585

continue, Florida will increase present energy consumption

586

sixfold by the year 2000. Because of this dramatic increase and

587

because existing domestic conventional energy resources will not

588

provide sufficient energy to meet the nation's future needs, new

589

sources of energy must be developed and applied. One such source,

590

solar energy, has been in limited use in Florida for 30 years.

591

Applications of incident solar energy, the use of solar radiation

592

to provide energy for water heating, space heating, space

593

cooling, and other uses, through suitable absorbing equipment on

594

or near a residence or commercial structure, must be extensively

595

expanded. Unfortunately, the initial costs with regard to the

596

production of solar energy have been prohibitively expensive.

597

However, because of increases in the cost of conventional fuel,

598

certain applications of solar energy are becoming competitive,

599

particularly when life-cycle costs are considered. It is the

600

intent of the Legislature in formulating a sound and balanced

601

energy policy for the state to encourage the development of an

602

alternative energy capability in the form of incident solar

603

energy.

604

     Section 44.  Section 377.801, Florida Statutes, is amended

605

to read:

606

     377.801  Short title.--Sections 377.801-377.806 may be cited

607

as the "Florida Energy and Climate Protection Florida Renewable

608

Energy Technologies and Energy Efficiency Act."

609

     Section 45.  Section 377.802, Florida Statutes, is amended

610

to read:

611

     377.802  Purpose.--This act is intended to provide

612

incentives for Florida's citizens, businesses, school districts

613

and local governments to take action to diversify Florida's

614

energy supplies, reduce dependence on foreign oil, and mitigate

615

the effects of climate change by providing funding for activities

616

designed to achieve these goals. The grant programs in this act

617

are intended to stimulate capital investment and enhance the

618

market for renewable energy technologies and technologies

619

intended to diversify Florida's energy supplies, reduce

620

dependence on foreign oil, and combat or limit climate change

621

impacts. This act is also intended to provide incentives for the

622

purchase of energy-efficient appliances and rebates for solar

623

energy equipment installations for residential and commercial

624

buildings matching grants to stimulate capital investment in the

625

state and to enhance the market for and promote the statewide

626

utilization of renewable energy technologies. The targeted grants

627

program is designed to advance the already growing establishment

628

of renewable energy technologies in the state and encourage the

629

use of other incentives such as tax exemptions and regulatory

630

certainty to attract additional renewable energy technology

631

producers, developers, and users to the state. This act is also

632

intended to provide incentives for the purchase of energy-

633

efficient appliances and rebates for solar energy equipment

634

installations for residential and commercial buildings.

635

     Section 46.  Section 377.803, Florida Statutes, is amended

636

to read:

637

     377.803  Definitions.--As used in ss. 377.801-377.806, the

638

term:

639

     (1) "Act" means the Florida Energy and Climate Protection

640

Act Florida Renewable Energy Technologies and Energy Efficiency

641

Act.

642

     (2) "Approved metering equipment" means a device capable of

643

measuring the energy output of a solar thermal system that has

644

been approved by the commission.

645

     (2)(3) "Commission" means the Florida Public Service

646

Commission.

647

     (4) "Department" means the Department of Environmental

648

Protection.

649

     (3)(5) "Person" means an individual, partnership, joint

650

venture, private or public corporation, association, firm, public

651

service company, or any other public or private entity.

652

     (4)(6) "Renewable energy" means electrical, mechanical, or

653

thermal energy produced from a method that uses one or more of

654

the following fuels or energy sources: hydrogen, biomass, solar

655

energy, geothermal energy, wind energy, ocean energy, waste heat,

656

or hydroelectric power.

657

     (5)(7) "Renewable energy technology" means any technology

658

that generates or utilizes a renewable energy resource.

659

     (6)(8) "Solar energy system" means equipment that provides

660

for the collection and use of incident solar energy for water

661

heating, space heating or cooling, or other applications that

662

would normally require a conventional source of energy such as

663

petroleum products, natural gas, or electricity that performs

664

primarily with solar energy. In other systems in which solar

665

energy is used in a supplemental way, only those components that

666

collect and transfer solar energy are shall be included in this

667

definition.

668

     (7)(9) "Solar photovoltaic system" means a device that

669

converts incident sunlight into electrical current.

670

     (8)(10) "Solar thermal system" means a device that traps

671

heat from incident sunlight in order to heat water.

672

     Section 47.  Section 377.804, Florida Statutes, as amended

673

by section 52 of chapter 2007-73, Laws of Florida, is amended to

674

read:

675

     377.804 Renewable Energy and Energy Efficient Technologies

676

Grants Program.--

677

     (1) The Renewable Energy and Energy Efficient Technologies

678

Grants Program is established within the commission department to

679

provide renewable energy matching grants for demonstration,

680

commercialization, research, and development projects relating to

681

renewable energy technologies and innovative technologies that

682

significantly increase energy efficiency for vehicles and

683

commercial buildings.

684

     (2)  Matching grants for renewable energy technology

685

demonstration, commercialization, research, and development

686

projects may be made to any of the following:

687

     (a)  Municipalities and county governments.

688

     (b)  Established for-profit companies licensed to do

689

business in the state.

690

     (c)  Universities and colleges in the state.

691

     (d)  Utilities located and operating within the state.

692

     (e)  Not-for-profit organizations.

693

     (f)  Other qualified persons, as determined by the

694

commission department.

695

     (3)  The department may adopt rules pursuant to ss.

696

120.536(1) and 120.54 to provide for application requirements,

697

provide for ranking of applications, and administer the awarding

698

of grants under this program, and develop policies requiring

699

grantees to provide royalty-sharing or licensing agreements with

700

the state for commercialized products developed under a state

701

grant. All grants may be reviewed by a peer-review process of

702

experts. Up to 5 percent of all grants may be used to pay review

703

expenses, if necessary.

704

     (4) Factors the commission department shall consider in

705

awarding grants include, but are not limited to:

706

     (a)  The availability of matching funds or other in-kind

707

contributions applied to the total project from an applicant. The

708

commission department shall give greater preference to projects

709

that provide such matching funds or other in-kind contributions.

710

     (b)  The degree to which the project stimulates in-state

711

capital investment and economic development in metropolitan and

712

rural areas, including the creation of jobs and the future

713

development of a commercial market for renewable energy

714

technologies.

715

     (c)  The extent to which the proposed project has been

716

demonstrated to be technically feasible based on pilot project

717

demonstrations, laboratory testing, scientific modeling, or

718

engineering or chemical theory that supports the proposal.

719

     (d)  The degree to which the project incorporates an

720

innovative new technology or an innovative application of an

721

existing technology.

722

     (e)  The degree to which a project generates thermal,

723

mechanical, or electrical energy by means of a renewable energy

724

resource that has substantial long-term production potential.

725

     (f)  The degree to which a project demonstrates efficient

726

use of energy and material resources.

727

     (g)  The degree to which the project fosters overall

728

understanding and appreciation of renewable energy technologies.

729

     (h)  The ability to administer a complete project.

730

     (i)  Project duration and timeline for expenditures.

731

     (j)  The geographic area in which the project is to be

732

conducted in relation to other projects.

733

     (k)  The degree of public visibility and interaction.

734

     (5) The commission department shall solicit the expertise

735

of other state agencies in evaluating project proposals. State

736

agencies shall cooperate with the commission Department of

737

Environmental Protection and provide such assistance as

738

requested.

739

     (6) The commission department shall coordinate and actively

740

consult with the Department of Agriculture and Consumer Services

741

during the review and approval process of grants relating to

742

bioenergy projects for renewable energy technology, and the

743

departments shall jointly determine the grant awards to these

744

bioenergy projects. No grant funding shall be awarded to any

745

bioenergy project without such joint approval. Factors for

746

consideration in awarding grants may include, but are not limited

747

to, the degree to which:

748

     (a)  The project stimulates in-state capital investment and

749

economic development in metropolitan and rural areas, including

750

the creation of jobs and the future development of a commercial

751

market for bioenergy.

752

     (b)  The project produces bioenergy from Florida-grown crops

753

or biomass.

754

     (c) The project demonstrates efficient use of energy and

755

material resources.

756

     (d)  The project fosters overall understanding and

757

appreciation of bioenergy technologies.

758

     (e)  Matching funds and in-kind contributions from an

759

applicant are available.

760

     (f)  The project duration and the timeline for expenditures

761

are acceptable.

762

     (g)  The project has a reasonable assurance of enhancing the

763

value of agricultural products or will expand agribusiness in the

764

state.

765

     (h)  Preliminary market and feasibility research has been

766

conducted by the applicant or others and shows there is a

767

reasonable assurance of a potential market.

768

     (7) Each application must be accompanied by an affidavit

769

from the applicant attesting to the veracity of the statements

770

contained in the application.

771

     Section 48.  Section 377.808, Florida Statutes, is created

772

to read:

773

     377.808 Florida Green Government Grants Act.--

774

     (1) This section may be cited as the "Florida Green

775

Government Grants Act."

776

     (2) The Florida Energy and Climate Commission shall use

777

funds specifically appropriated to award grants under this

778

section to assist local governments, including municipalities,

779

counties, and school districts, in the development of programs

780

that achieve green standards. Those standards shall be determined

781

by the commission and must provide for cost-efficient solutions,

782

reducing greenhouse gas emissions, improving quality of life, and

783

strengthening this state's economy.

784

     (3) The commission shall adopt rules pursuant to chapter

785

120 to administer the grants provided for in this section. In

786

accordance with such rules, the commission may provide grants

787

from funds specifically appropriated for this purpose to local

788

governments for the costs of achieving green standards, including

789

necessary administrative expenses. The rules of the commission

790

must:

791

     (a) Designate one or more suitable green government

792

standards framework from which local governments may develop a

793

greening government initiative, and from which projects may be

794

eligible for funding pursuant to this statute may be developed.

795

     (b) Require projects that plan, design, construct, upgrade,

796

or replace facilities be cost-effective, environmentally sound,

797

reduce greenhouse gas emissions, and be permittable and

798

implementable.

799

     (c) Require local governments to match state funds with

800

direct project cost share or in-kind services.

801

     (d) Provide for a scale of matching requirements for local

802

governments on the basis of population in order to assist rural

803

and undeveloped areas of the state with any financial burden of

804

addressing climate change impacts.

805

     (e) Require grant applications to be submitted on

806

appropriate forms developed and adopted by the commission with

807

appropriate supporting documentation and require records to be

808

maintained.

809

     (f) Establish a system to determine the relative priority

810

of grant applications. The system must consider greenhouse gas

811

reductions, energy savings and efficiencies, and proven

812

technologies.

813

     (g) Establish requirements for competitive procurement of

814

engineering and construction services, materials, and equipment.

815

     (h) Provide for the termination of grants when program

816

requirements are not met.

817

     (4) Each local government is limited to not more than two

818

grant applications during each application period announced by

819

the commission. A local government may not have more than three

820

active projects expending grant funds during any state fiscal

821

year.

822

     (5) The commission shall perform adequate overview of each

823

grant, which may include technical review, site inspections,

824

disbursement approvals, and auditing to successfully implement

825

this section.

826

     Section 49. Section 377.901, Florida Statutes, is repealed.

827

828

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

829

And the title is amended as follows:

830

     Delete line(s) 199-244

831

and insert:

832

alternative energy technologies; transferring the State

833

Energy Program from the Department of Environmental

834

Protection to the Florida Energy and Climate Commission;

835

creating s. 377.6015,  F.S.; creating the Florida Energy

836

and Climate Commission; providing for the appointment and

837

qualifications of members; providing for meetings, duties,

838

and authority of the commission; authorizing the

839

commission to adopt rules; amending s. 377.602, F.S.;

840

revising definitions; amending ss. 377.603, 377.604,

841

377.605, and 377.606, F.S.; conforming provisions to

842

changes made by the act; amending s. 377.701, F.S.;

843

assigning responsibility for petroleum allocation and

844

conservation to the commission rather than the Department

845

of Environmental Protection; amending s. 377.703, F.S.;

846

assigning additional duties to the Florida Energy and

847

Climate Commission relating to state energy policy;

848

deleting definitions; conforming cross-references;

849

amending s. 377.705, F.S.; revising legislative intent

850

relating to solar energy standards; amending s. 377.801,

851

F.S.; revising a short title; amending s. 377.802, F.S.;

852

revising the purpose of the Florida Energy and Climate

853

Protection Act; amending s. 377.803, F.S.; revising

854

definitions; amending s. 377.804, F.S.; assigning

855

responsibility for the Renewable Energy and Energy-

856

Efficient Technologies Grant Program to the Florida Energy

857

and Climate Commission rather than the Department of

858

Environmental Protection; requiring the commission to

859

develop policies relating to commercialized products

860

developed under a state grant; requiring grant

861

applications to include an affidavit attesting to the

862

veracity of statements in the application; amending s.

863

377.806, F.S.; providing for administration of the Solar

864

Energy System Incentives Program by the Florida Energy and

865

Climate Commission rather than the Department of

866

Environmental Protection; requiring compliance with the

867

Florida Building Code rather than local codes in order to

868

be eligible for a rebate under the program; creating s.

869

377.808, F.S.; creating the Florida Green Government

870

Grants Act; providing a short title; requiring the Florida

871

Energy and Climate Commission to award grants to assist

872

local governments in the development of programs that

873

achieve green standards; requiring the commission to adopt

874

rules; providing requirements for the rules; limiting the

875

number of grant applications by a local government;

876

limiting the number of active projects that may be

877

conducted by a local government; requiring the commission

878

to perform an overview of each grant; repealing s.

879

377.901, F.S., relating to the Florida Energy Commission

880

within the Department of Environmental Protection;

881

creating s. 377.921, F.S., relating to

4/17/2008  8:43:00 AM     37-07863-08