Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1544

444508

CHAMBER ACTION

Senate

Comm: RCS

3/27/2008

House

The Committee on Communications and Public Utilities (Bennett)

recommended the following amendment:

Senate Amendment (with title amendment)

Delete line(s) 2226-2596

and insert:

Section 30. Section 377.6015, Florida Statutes, is created

to read:

Section 377.6015 Florida Energy and Climate Commission.-

(1) The Florida Energy and Climate Commission is created

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

The commission shall be comprised of 7 members, and shall be

appointed by the Governor pursuant to paragraphs (a) and (b).

(a) The Governor shall select from three persons nominated

by the Florida Public Service Commission Nominating Council,

created in s. 350.031, for each seat on the commission.

1. The council shall submit the recommendations to the

Governor by September 1 of those years in which the terms are to

begin the following October, or within 60 days after a vacancy

occurs for any reason other than the expiration of the term.

2. The Governor shall fill a vacancy occurring on the

commission by appointment of one of the applicants nominated by

the council only after a background investigation of such

applicant has been conducted by the Florida Department of Law

Enforcement.

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

order to establish staggered terms, for the initial appointments,

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

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

4. The council shall nominate three persons from which the

Governor shall select the chair of the commission.

5. Vacancies on the commission shall be filled for the

unexpired portion of the time in the same manner as original

appointments to the commission.

6. If the Governor has not made an appointment within 30

consecutive calendar days after the receipt of the

recommendation, the council shall initiate, in accordance with

this section, the nominating process within 30 days.

7. Each appointment to the commission shall be subject to

confirmation by the Senate during the next regular session after

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

consider the Governor's appointment, the council shall initiate,

in accordance with this section, the nominating process within 30

days.

8. When the Governor makes an appointment and that

appointment has not been confirmed by the Senate before the

appointing Governor's term ends, a successor Governor may, within

30 days after taking office, recall the appointment and, prior to

the first day of the next regular session, make a replacement

appointment from the list provided to the previous Governor by

the council. Such an appointment is subject to confirmation by

the Senate at the next regular session following the creation of

the vacancy to which the appointments are being made. If the

replacement appointment is not timely made, or if the appointment

is not confirmed by the Senate for any reason, the council, by

majority vote, shall appoint, within 30 days after the

Legislature adjourns sine die, one person from the applicants

previously nominated to the Governor to fill the vacancy, and

this appointee is subject to confirmation by the Senate during

the next regular session following the appointment.

(b) Members must meet the following qualifications and

restrictions:

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

following fields: energy, natural resource conservation,

economics, engineering, finance, law, transportation and land

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

substantially related to the duties and functions of the

commission. The commission shall fairly represent the fields

specified in this subparagraph.

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

each commission meeting during his or her term of office,

disclose:

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

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

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

affiliate or subsidiary of, any business entity that may be

affected by the policy recommendations developed by the

commission.

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

business activity with any business entity that, directly or

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

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

recommendations developed by the commission.

(b) The chair may designate ex-officio non-voting members

to provide information and advice to the Commission. The

following shall serve as ex-officio non-voting members and may

provide information and advice at the request of the chair:

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

designee;

2. The Public Counsel, or designee;

3. A representative of the Department of Agriculture and

Consumer Services;

4. A representative of the Department of Community Affairs;

5. A representative of Department of Environmental

Protection;

6. A representative of Department of Transportation;

7. A representative of the Department of Financial

Services; and,

8. the presidents or their designee, of the University of

100

Florida, Florida State University, the University of South

101

Florida, the University of Central Florida, and Florida Atlantic

102

University).

103

(2) Members shall serve without compensation but are

104

entitled to reimbursement for per diem and travel expenses as

105

provided in s. 112.061.

106

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

107

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

108

the commission must meet at least six times each year.

109

(4)(a) The commission may employ staff and counsel as

110

needed in the performance of its duties. The commission may

111

prosecute and defend legal actions in its own name.

112

(b) The commission may form advisory groups consisting of

113

members of the public to provide information on specific issues.

114

(5) The commission shall:

115

(a) Administer the Florida Renewable Energy and Biofuels

116

Grant Programs authorized under ss. 377.804 and 570.957 to assure

117

a robust grant portfolio;

118

(b) Develop policy recommendations for requiring grantees

119

to provide royalty-sharing or licensing agreements with state

120

government for commercialized products developed under a state

121

grant;

122

123

functions pursuant to ss. 377.601-377.608;

124

(e) Administer the petroleum planning and emergency

125

contingency planning pursuant to sections 377.703 through

126

377.704;

127

(f) Represent Florida in the Southern States Energy Compact

128

pursuant to ss. 377.71-377.712;

129

(g) Complete the annual assessment of the efficacy of

130

Florida's Energy and Climate Change Action Plan, upon completion

131

by the Governor's Action Team, pursuant to the Governor's

132

Executive Order 2007-128, and provide specific recommendations to

133

the Governor and the Legislature each year to improve results.

134

(h) Administer the provisions of the Florida Energy and

135

Climate Protection Act, section 377.801-377.806.

136

(i) Advocate for energy and climate change issues and

137

provide educational outreach and technical assistance in

138

cooperation with Florida's academic institutions.

139

(j) Oversee the Florida Energy Systems Consortium, created

140

in s. 1004.648.

141

(k) Adopt rules pursuant to Chapter 120 in order to

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implement all powers and duties described in this chapter.

143

144

Section 31. Subsection (2) of section 377.602, Florida

145

Statutes, is amended to read:

146

377.602 Definitions.--As used in ss. 377.601-377.608:

147

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

148

Commission "Department" means the Department of Environmental

149

Protection.

150

Section 32. Section 377.603, Florida Statutes, is amended

151

to read:

152

377.603 Energy data collection; powers and duties of the

153

Commission Department of Environmental Protection .--

154

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

155

extraction, production, importation, exportation, refinement,

156

transportation, transmission, conversion, storage, sale, or

157

reserves of energy resources in this state in an efficient and

158

expeditious manner.

159

(2) The commission department may shall prepare periodic

160

reports of energy data it collects.

161

(3) The department shall prescribe and furnish forms for

162

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

163

and shall consult with other state entities to assure that such

164

data collected will meet their data requirements.

165

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

166

such rules and regulations as are necessary to carry out the

167

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

168

to chapter 120.

169

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

170

validation procedures to assure the accuracy of information

171

received.

172

Section 33. Section 377.604, Florida Statutes, is amended

173

to read:

174

175

377.604 Required reports.--Every person who produces,

176

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

177

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

178

resources used as fuel shall report to the commission department,

179

at the request of the commission, at a frequency set, and in a

180

manner prescribed, by the commission department, on forms

181

provided by the commission department and prepared with the

182

advice of representatives of the energy industry. Such forms

183

shall be designed in such a manner as to indicate:

184

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

185

report.

186

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

187

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

188

stored, or sold except at retail.

189

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

190

reserve in the state.

191

(4) The identity of each refinery from which petroleum

192

products have normally been obtained and the type and quantity of

193

products secured from that refinery for sale or resale in this

194

state.

195

(5) Any other information which the commission department

196

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

197

Section 34. Section 377.605, Florida Statutes, is amended

198

to read:

199

377.605 Use of existing information.-The commission

200

department may shall utilize to the fullest extent possible any

201

existing energy information already prepared for state or federal

202

agencies. Every state, county, and municipal agency shall

203

cooperate with the commission department, and shall submit any

204

information on energy to the commission department upon request.

205

Section 35. Section 377.606, Florida Statutes, is amended

206

to read:

207

377.606 Records of the commission department; limits of

208

confidentiality.--The information or records of individual

209

persons, as defined herein, obtained by the commission department

210

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

211

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

212

such information the disclosure of which would be likely to cause

213

substantial harm to the competitive position of the person

214

providing such information and which is requested to be held

215

confidential by the person providing such information. Such

216

proprietary information is confidential and exempt from the

217

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

218

other than the department in documents or reports open to public

219

inspection shall under no circumstances be classified as

220

confidential by the commission department. Divulgence of

221

proprietary information as is requested to be held confidential,

222

except upon order of a court of competent jurisdiction or except

223

to an officer of the state entitled to receive the same in his or

224

her official capacity, shall be a misdemeanor of the second

225

degree, punishable as provided in ss. 775.082 and 775.083.

226

Nothing herein shall be construed to prohibit the publication or

227

divulgence by other means of data so classified as to prevent

228

identification of particular accounts or reports made to the

229

department in compliance with s. 377.603 or to prohibit the

230

disclosure of such information to properly qualified legislative

231

committees. The commission department shall establish a system

232

which permits reasonable access to information developed.

233

Section 36. Section 377.703, Florida Statutes, is amended

234

to read:

235

377.703 Additional functions of the Florida Energy and

236

Climate Commission Department of Environmental Protection; energy

237

emergency contingency plan; federal and state conservation

238

programs.--

239

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

240

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

241

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

242

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

243

efficient, effective, and economical management of energy

244

problems, centralize energy coordination responsibilities,

245

pinpoint responsibility for conducting energy programs, and

246

ensure the accountability of state agencies for the

247

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

248

the specific intent of the Legislature that nothing in this act

249

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

250

assigned by the Florida Electrical Power Plant Siting Act, part

251

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

252

the Florida Public Service Commission.

253

(2) DEFINITIONS.--

254

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

255

the examination and evaluation of state plans and programs and

256

the providing of recommendations to the Cabinet, Legislature, and

257

appropriate state agency on any measures deemed necessary to

258

ensure that such plans and programs are consistent with state

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energy policy.

260

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

261

utilization of energy.

262

263

shortage or curtailment of usable, necessary energy resources,

264

such that the maintenance of necessary services, the protection

265

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

266

basic sound economy is imperiled in any geographical section of

267

the state or throughout the entire state.

268

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

269

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

270

other resource which has the capacity to do work.

271

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

272

otherwise exempted by the provisions of this act.

273

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

274

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

275

energy content.

276

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

277

regional planning agency, or other special district or local

278

governmental entity the policies or programs of which may affect

279

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

280

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

281

assist, provide technical and financial assistance, or otherwise

282

seek to plan, develop, and expand.

283

(i) "Regional planning agency" means those agencies

284

designated as regional planning agencies by the Department of

285

Community Affairs.

286

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

287

or substance the use of which does not diminish its availability

288

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

289

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

290

from waste, ocean thermal gradient power, hydroelectric power,

291

and fuels derived from agricultural products.

292

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

293

ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of

294

Environmental Protection shall, in addition to assuming the

295

duties and responsibilities provided by ss. 20.255 and 377.701,

296

perform the following functions consistent with the development

297

of a state energy policy:

298

(a) The commission department shall assume the

299

responsibility for development of an energy emergency contingency

300

plan to respond to serious shortages of primary and secondary

301

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

302

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

303

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

304

event which is reasonably expected within 30 days will make the

305

fuel, in short supply. The commission department shall then

306

respond by instituting the appropriate measures of the

307

contingency plan to meet the given emergency or energy shortage.

308

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

309

out any emergency actions required by a serious shortage of

310

energy sources.

311

(b) The commission department shall constitute the

312

responsible state agency for performing or coordinating the

313

functions of any federal energy programs delegated to the state,

314

including energy supply, demand, conservation, or allocation.

315

316

proposed federal energy programs and make recommendations

317

regarding those programs to the Governor.

318

(d) The commission department shall coordinate efforts to

319

seek federal support or other support for state energy

320

activities, including energy conservation, research, or

321

development, and shall be the state agency responsible for the

322

coordination of multiagency energy conservation programs and

323

plans.

324

(e) The commission department shall analyze energy data

325

collected and prepare long-range forecasts of energy supply and

326

demand in coordination with the Florida Public Service

327

Commission, which shall have responsibility for electricity and

328

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

329

1. An analysis of the relationship of state economic growth

330

and development to energy supply and demand, including the

331

constraints to economic growth resulting from energy supply

332

constraints.

333

2. Plans for the development of renewable energy resources

334

and reduction in dependence on depletable energy resources,

335

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

336

to which renewable energy sources are being utilized in the

337

state.

338

3. Consideration of alternative scenarios of statewide

339

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

340

strategies for long-range action, including identification of

341

potential social, economic, and environmental effects.

342

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

343

examination of the availability of commercially developable and

344

imported fuels, and an analysis of anticipated effects on the

345

state's environment and social services resulting from energy

346

resource development activities or from energy supply

347

constraints, or both.

348

(f) The commission department shall make a report, as

349

requested by the Governor or the Legislature, reflecting its

350

activities and making recommendations of policies for improvement

351

of the state's response to energy supply and demand and its

352

effect on the health, safety, and welfare of the people of

353

Florida. The report shall include a report from the Florida

354

Public Service Commission on electricity and natural gas and

355

information on energy conservation programs conducted and under

356

way in the past year and shall include recommendations for energy

357

conservation programs for the state, including, but not limited

358

to, the following factors:

359

1. Formulation of specific recommendations for improvement

360

in the efficiency of energy utilization in governmental,

361

residential, commercial, industrial, and transportation sectors.

362

2. Collection and dissemination of information relating to

363

energy conservation.

364

3. Development and conduct of educational and training

365

programs relating to energy conservation.

366

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

367

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

368

recommendations for better fulfilling this policy.

369

(g) The commission department has authority to adopt rules

370

pursuant to ss. 120.536(1) and 120.54 to implement the provisions

371

of this act.

372

(h) The commission shall promote Promote the development

373

and use of renewable energy resources, in conformance with the

374

provisions of chapter 187 and s. 377.601, by:

375

1. Establishing goals and strategies for increasing the use

376

of solar energy in this state.

377

2. Aiding and promoting the commercialization of solar

378

energy technology, in cooperation with the Florida Solar Energy

379

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

380

or local governmental agency which may seek to promote research,

381

development, and demonstration of solar energy equipment and

382

technology.

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3. Identifying barriers to greater use of solar energy

384

systems in this state, and developing specific recommendations

385

for overcoming identified barriers, with findings and

386

recommendations to be submitted annually in the report to the

387

Legislature required under paragraph(f).

388

4. In cooperation with the Department of Environmental

389

Protection, Department of Transportation, the Department of

390

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

391

Energy Center, and the Florida Solar Energy Industries

392

Association, investigating opportunities, pursuant to the

393

National Energy Policy Act of 1992 and the Housing and Community

394

Development Act of 1992, and any subsequent federal legislation,

395

for solar electric vehicles and other solar energy manufacturing,

396

distribution, installation, and financing efforts which will

397

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

398

research, development, and use.

399

5. Undertaking other initiatives to advance the development

400

and use of renewable energy resources in this state.

401

In the exercise of its responsibilities under this

402

paragraph, the commission department shall seek the assistance of

403

the solar energy industry in this state and other interested

404

parties and is authorized to enter into contracts, retain

405

professional consulting services, and expend funds appropriated

406

by the Legislature for such purposes.

407

(i) The commission department shall promote energy

408

conservation in all energy use sectors throughout the state and

409

shall constitute the state agency primarily responsible for this

410

function. To this end, the commission department shall coordinate

411

the energy conservation programs of all state agencies and review

412

and comment on the energy conservation programs of all state

413

agencies.

414

(j) The commission department shall serve as the state

415

clearinghouse for indexing and gathering all information related

416

to energy programs in state universities, in private

417

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

418

and in private industry and shall prepare and distribute such

419

information in any manner necessary to inform and advise the

420

citizens of the state of such programs and activities. This shall

421

include developing and maintaining a current index and profile of

422

all research activities, which shall be identified by energy area

423

and may include a summary of the project, the amount and sources

424

of funding, anticipated completion dates, or, in case of

425

completed research, conclusions, recommendations, and

426

applicability to state government and private sector functions.

427

The commission department shall coordinate, promote, and

428

respond to efforts by all sectors of the economy to seek

429

financial support for energy activities. The commission

430

department shall provide information to consumers regarding the

431

anticipated energy-use and energy-saving characteristics of

432

products and services in coordination with any federal, state, or

433

local governmental agencies as may provide such information to

434

consumers.

435

(k) The commission department shall coordinate energy-

436

related programs of state government, including, but not limited

437

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

438

commission department shall:

439

1. Provide assistance to other state agencies, counties,

440

municipalities, and regional planning agencies to further and

441

promote their energy planning activities.

442

2. Require, in cooperation with the Department of

443

Management Services, all state agencies to operate state-owned

444

and state-leased buildings in accordance with energy conservation

445

standards as adopted by the Department of Management Services.

446

Every 3 months, the Department of Management Services shall

447

furnish the commission department data on agencies' energy

448

consumption in a format prescribed by the commission mutually

449

agreed upon by the two departments.

450

3. Promote the development and use of renewable energy

451

resources, energy efficiency technologies, and conservation

452

measures.

453

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

454

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

455

agricultural products as a source of energy, and recycling of

456

manufactured products. Such promotion shall be conducted in

457

conjunction with, and after consultation with, the Department of

458

Environmental Protection, the Florida Public Service Commission

459

where electrical generation or natural gas is involved, and any

460

other relevant federal, state, or local governmental agency

461

having responsibility for resource recovery programs.

462

(l) The commission department shall develop, coordinate,

463

and promote a comprehensive research plan for state programs.

464

Such plan shall be consistent with state energy policy and shall

465

be updated on a biennial basis.

466

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

467

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

468

of this state caused by severe hurricanes Hurricane Andrew, and

469

the potential for such impacts caused by other natural disasters,

470

the commission department shall include in its energy emergency

471

contingency plan and provide to the Florida Building Commission

472

Department of Community Affairs for inclusion in the Florida

473

Energy Efficiency Code for Building Construction state model

474

energy efficiency building code specific provisions to facilitate

475

the use of cost-effective solar energy technologies as emergency

476

remedial and preventive measures for providing electric power,

477

street lighting, and water heating service in the event of

478

electric power outages.

479

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

480

the administration of the Coastal Energy Impact Program provided

481

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

482

Section 37. Section 377.804, F.S., is amended to read:

483

377.803 Definitions.--As used in ss. 377.801-377.808

484

377.806, the term:

485

(1) "Act" means the Florida Renewable Energy Technologies

486

and Energy Efficiency Act.

487

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

488

measuring the energy output of a solar thermal system that has

489

been approved by the Commission.

490

(2) (3) "Commission" means the Florida Energy and Climate

491

Commission Florida Public Service Commission.

492

(4) "Department" means the Department of Environmental

493

Protection.

494

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

495

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

496

service company, or any other public or private entity.

497

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

498

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

499

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

500

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

501

or hydroelectric power.

502

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

503

that generates or utilizes a renewable energy resource.

504

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

505

for the collection and use of incident solar energy for water

506

heating, space heating or cooling, or other applications that

507

would normally require a conventional source of energy such as

508

petroleum products, natural gas, or electricity that performs

509

primarily with solar energy. In other systems in which solar

510

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

511

collect and transfer solar energy shall be included in this

512

definition.

513

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

514

converts incident sunlight into electrical current.

515

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

516

heat from incident sunlight in order to heat water.

517

Section 38. Section 377.804, F.S., is amended to read:

518

377.804 Renewable Energy and Energy Efficient Technologies

519

Grants Program.--

520

(1) The Renewable Energy Technologies Grants Program is

521

established within the commission department to provide renewable

522

energy matching grants for demonstration, commercialization,

523

research, and development projects relating to renewable energy

524

technologies and innovative technologies that significantly

525

increase energy efficiency for vehicles and commercial buildings.

526

(2) Matching grants for renewable energy technology

527

demonstration, commercialization, research, and development

528

projects may be made to any of the following:

529

(a) Municipalities and county governments.

530

(b) Established for-profit companies licensed to do

531

business in the state.

532

533

(d) Utilities located and operating within the state.

534

(e) Not-for-profit organizations.

535

(f) Other qualified persons, as determined by the

536

commission department.

537

(3) The commission department may adopt rules pursuant to

538

ss. 120.536(1) and 120.54 to provide for application

539

requirements, provide for ranking of applications, and administer

540

the awarding of grants under this program, and develop policy

541

requiring grantees to provide royalty-sharing or licensing

542

agreements with the state for commercialized products developed

543

under a state grant. All grants must be reviewed by a peer review

544

process of experts. Up to five percent of the amount of all

545

grants is to be used to pay these review expenses.

546

(4) Factors the commission department shall consider in

547

awarding grants include, but are not limited to:

548

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

549

contributions applied to the total project from an applicant. The

550

commission department shall give greater preference to projects

551

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

552

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

553

capital investment and economic development in metropolitan and

554

rural areas, including the creation of jobs and the future

555

development of a commercial market for renewable energy

556

technologies.

557

558

demonstrated to be technically feasible based on pilot project

559

demonstrations, laboratory testing, scientific modeling, or

560

engineering or chemical theory that supports the proposal.

561

(d) The degree to which the project incorporates an

562

innovative new technology or an innovative application of an

563

existing technology.

564

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

565

mechanical, or electrical energy by means of a renewable energy

566

resource that has substantial long-term production potential.

567

(f) The degree to which a project demonstrates efficient

568

use of energy and material resources.

569

(g) The degree to which the project fosters overall

570

understanding and appreciation of renewable energy technologies.

571

(h) The ability to administer a complete project.

572

(i) Project duration and timeline for expenditures.

573

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

574

conducted in relation to other projects.

575

(k) The degree of public visibility and interaction.

576

(5) The commission department shall solicit the expertise

577

of other state agencies in evaluating project proposals. State

578

agencies shall cooperate with the commission Department of

579

Environmental Protection and provide such assistance as

580

requested.

581

(6) Each application must be accompanied by an affidavit

582

from the applicant attesting to the veracity of the statements

583

contained in the application.

584

Section 39. Section 377.806, F.S., is amended to read:

585

377.806 Solar Energy System Incentives Program.--

586

(1) PURPOSE.--The Solar Energy System Incentives Program is

587

established within the commission department to provide financial

588

incentives for the purchase and installation of solar energy

589

systems. Any resident of the state who purchases and installs a

590

new solar energy system of 2 kilowatts or larger for a solar

591

photovoltaic system, a solar energy system that provides at least

592

50 percent of a building's hot water consumption for a solar

593

thermal system, or a solar thermal pool heater, from July 1,

594

2006, through June 30, 2010, is eligible for a rebate on a

595

portion of the purchase price of that solar energy system.

596

(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

597

(a) Eligibility requirements.--A solar photovoltaic system

598

qualifies for a rebate if:

599

1. The system is installed by a state-licensed master

600

electrician, electrical contractor, or solar contractor.

601

2. The system complies with state interconnection standards

602

as provided by the commission.

603

3. The system complies with all applicable building codes

604

as defined by the Florida Building Code local jurisdictional

605

authority.

606

(b) Rebate amounts.--The rebate amount shall be set at $4

607

per watt based on the total wattage rating of the system. The

608

maximum allowable rebate per solar photovoltaic system

609

installation shall be as follows:

610

1. Twenty thousand dollars for a residence.

611

2. One hundred thousand dollars for a place of business, a

612

publicly owned or operated facility, or a facility owned or

613

operated by a private, not-for-profit organization, including

614

condominiums or apartment buildings.

615

(3) SOLAR THERMAL SYSTEM INCENTIVE.--

616

(a) Eligibility requirements.--A solar thermal system

617

qualifies for a rebate if:

618

1. The system is installed by a state-licensed solar, or

619

plumbing, or roofing contractor.

620

2. The system complies with all applicable building codes

621

as defined by the Florida Building Code local jurisdictional

622

authority.

623

(b) Rebate amounts.--Authorized rebates for installation of

624

solar thermal systems shall be as follows:

625

1. Five hundred dollars for a residence.

626

2. Fifteen dollars per 1,000 Btu up to a maximum of $5,000

627

for a place of business, a publicly owned or operated facility,

628

or a facility owned or operated by a private, not-for-profit

629

organization, including condominiums or apartment buildings. Btu

630

must be verified by approved metering equipment.

631

(4) SOLAR THERMAL POOL HEATER INCENTIVE.--

632

(a) Eligibility requirements.--A solar thermal pool heater

633

qualifies for a rebate if the system is installed by a state-

634

licensed solar or plumbing contractor and the system complies

635

with all applicable building codes as defined by the Florida

636

Building Code local jurisdictional authority.

637

(b) Rebate amount.--Authorized rebates for installation of

638

solar thermal pool heaters shall be $100 per installation.

639

(5) APPLICATION.--Application for a rebate must be made

640

within 120 90 days after the purchase of the solar energy

641

equipment.

642

(6) REBATE AVAILABILITY.-The commission department shall

643

determine and publish on a regular basis the amount of rebate

644

funds remaining in each fiscal year. The total dollar amount of

645

all rebates issued by the department is subject to the total

646

amount of appropriations in any fiscal year for this program. If

647

funds are insufficient during the current fiscal year, any

648

requests for rebates received during that fiscal year may be

649

processed during the following fiscal year. Requests for rebates

650

received in a fiscal year that are processed during the following

651

fiscal year shall be given priority over requests for rebates

652

received during the following fiscal year.

653

(7) RULES.-The commission department shall adopt rules

654

pursuant to ss. 120.536(1) and 120.54 to develop rebate

655

applications and administer the issuance of rebates.

656

Section 40. Section 1004.648, Florida Statutes, is created

657

to read:

658

1004.648 Florida Energy Systems Consortium.-

659

(1) There is created the Florida Energy Systems Consortium

660

to promote collaboration between experts in the State University

661

system for the purpose of developing and implementing a

662

comprehensive, long-term, environmentally compatible,

663

sustainable, and efficient energy strategic plan for the State.

664

The Consortium will focus on an overall broad systems approach

665

from energy resource to consumer and for producing innovative

666

energy systems that will lead to alternative energy strategies,

667

improved energy efficiencies and expanded economic development

668

for the State. The Consortium shall consist of the University of

669

Florida, Florida State University, the University of South

670

Florida, the University of Central Florida, and Florida Atlantic

671

University. The Consortium shall be administered at the

672

University of Florida by a Director who shall report to the

673

Florida Energy and Climate Commission, created in s. 377.6015.

674

The Commission shall have ultimate authority over both the

675

technical performance and financial management of the Consortium.

676

In performing its activity, the Consortium must collaborate with

677

an Oversight Board consisting of the Vice President for Research

678

at each of the five universities. The Consortium may also

679

collaborate with industry and other affected parties.

680

(2) Through collaborative research and development across

681

the State University System and industry, the goal of the

682

Consortium is to become a world leader in energy research,

683

education, technology, and energy systems analysis. In so doing,

684

the Consortium shall:

685

a. Coordinate and initiate increased collaborative

686

interdisciplinary energy research amongst universities and the

687

energy industry.

688

b. Create a Florida energy technology industry.

689

c. Provide a State resource for objective energy systems

690

analysis.

691

d. Develop education and outreach programs to prepare a

692

qualified energy workforce and informed public.

693

(3) To promote collaboration between researchers within the

694

State University System, with industry, and other external

695

partners, the Consortium will receive input from the Florida

696

Energy and Climate Commission. The University Council, which

697

shall consist of one member from each university designated by

698

the corresponding Vice President for Research, will provide

699

guidance on vision and direction to the Director. The Board, the

700

Florida Energy and Climate Commission, and the Council shall

701

constitute the Steering Committee. The Steering Committee is

702

responsible for establishing and assuring the success of the

703

Consortium's strategic plan.

704

(4) A major focus of the Consortium will be to expedite

705

commercialization of innovative energy technologies by taking

706

advantage of State University System energy expertise, high

707

technology incubators, industrial parks, and industry-driven

708

research centers to attract companies to establish manufacturing

709

in the State and transition technologies into the State economy.

710

(5) The Consortium shall solicit and leverage state,

711

federal, and private funds for the purpose of conducting

712

education, research and development in the area of sustainable

713

energy. The Oversight Board shall ensure that the Consortium

714

maintains accurate records of any funds received by the

715

Consortium.

716

(6) Through research and instructional programs, the

717

faculty associated with the Consortium shall coordinate a state-

718

wide workforce development initiative focusing on college-level

719

degrees, technician training, and public and commercial sectors

720

awareness. The Consortium will develop specific programs targeted

721

at preparing graduates with a background in energy, continuing

722

education courses for technical and non-technical professionals,

723

and modules, laboratories, and courses to be shared among the

724

universities. The Consortium will work with the Florida Community

725

College system using the Florida Advanced Technological Education

726

Center (FLATE) for the coordination and design of industry-

727

specific training programs for technicians.

728

(7) By November 1 of each year, the Consortium shall submit

729

an annual report to the Governor, the President of the Senate,

730

the Speaker of the House of Representatives and the Florida

731

Energy and Climate Commission regarding its activities including,

732

but not limited to, education, research, development, and

733

deployment of alternative energy technologies.

734

Section 41. Section 377.901, Florida Statutes, is repealed.

735

Section 42. The State Energy Program, as authorized and

736

governed by sections 20.18, 288.041, 377.601-377.608, 377.701,

737

and 377.703, Florida Statutes, is transferred by a type two

738

transfer, as defined in section 20.06(2), Florida Statutes, from

739

the Department of Environmental Protection to the Florida Energy

740

and Climate Commission.

741

Section 43. Any swimming pool heater installed after July

742

1, 2008, shall be a hybrid system that consists of a solar

743

swimming pool heating collector equivalent in area to a minimum

744

of 25% of the surface area of the swimming pool or capable of

745

providing a minimum of 25% of the pool's heating demand. The

746

hybrid system may be augmented with an electric or natural gas

747

heater.

748

(Renumber subsequent sections.)

749

750

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

751

And the title is amended as follows:

752

Delete line(s) 178-193

753

and insert:

754

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

755

and Climate Commission; providing for appointment and

756

qualifications of members, providing for meetings, duties,

757

and authority of commission; amending s. 377.602, F.S.;

758

providing a definition; amending s. 377.605, F.S.;

759

transferring duties on energy data collection from the

760

Department of Environmental Protection to the Florida

761

Energy and Climate Commission; amending ss. 377.604,

762

377.605, and 377.606, F.S.; making conforming changes;

763

amending s. 377.703, F.S.; providing for additional duties

764

of the Florida Energy and Climate Commission; conforming

765

cross-references; amending s. 377.803, F.S.; providing

766

definitions; amending s. 377.804, F.S.; providing for

767

administration of the Renewable Energy and Energy-

768

Efficient Technologies Grant Program by the Florida Energy

769

and Climate Commission, not the Department of

770

Environmental Protection; providing for the program to

771

include matching grants for technologies that increase the

772

energy efficiency of vehicles and commercial buildings;

773

providing application requirements; amending s. 377.806,

774

F.S.; providing for administration of the Solar Energy

775

System Incentives Program by the Florida Energy and

776

Climate Commission, not the Department of Environmental

777

Protection; requiring compliance with the Florida Building

778

Code rather than local codes in order to be eligible for a

779

rebate under the program; creating s. 1004.648, F.S.;

780

establishing the Florida Energy Systems Consortium,

781

consisting of specified state universities; providing

782

membership and duties of the consortium; providing for an

783

oversight board and steering committee; providing

784

reporting requirements for the consortium by a date

785

certain; repealing s. 377.901, F.S., which creates and

786

provides for the Florida Energy Commission; transferring

787

the State Energy Program from the Department of

788

Environmental Protection to the Florida Energy and Climate

789

Commission; requiring swimming pool heaters to be a

790

specified hybrid system;

3/26/2008 1:14:00 PM CU.CU.05695

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