Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 1544

866008

CHAMBER ACTION

Senate

Comm: WD

3/19/2008

House

The Committee on Environmental Preservation and Conservation

(Saunders) recommended the following amendment:

Senate Amendment (with title amendment)

Delete everything after the enacting clause

and insert:

Section 1. Section 112.219, Florida Statutes, is created

to read:

112.219--Public employee telecommuting programs.

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

(a) "Public employing entity" or "entity" means any state

government administrative unit listed in chapter 20 or the

Constitution of the State of Florida and also includes water

management districts, the Florida Senate, the Florida House of

Representatives, the Florida State Court System, the state

universities, the community colleges, or any other agency,

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

official of state government.

(b) "Telecommuting" means a work arrangement whereby

selected public employees are allowed to perform the normal

duties and responsibilities of their positions, through the use

of computers or telecommunications, at home or another place

apart from the employees' usual place of work.

selected for the telecommuting program, based on the

requirements of his or her employment position and his or her

ability to perform assigned work at an offsite location, who

meets the following criteria:

1. The employee has demonstrated an ability to complete

his or her assigned work with minimal supervision;

2. The job classification, workload characteristics or

position of the employee has been identified by the public

employing entity as appropriate for telecommuting;

3. The employee is not under a performance improvement

plan or disciplinary action that indicates a need for close

supervision of his or her assigned work.

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

qualified telecommuting employee, indicating the days each

week, or weeks each month, that the employee will be

telecommuting and those days or weeks the employee will be in

the on-site work location. The schedule must be composed in

such a way that the employee's work location for any given day

is readily ascertainable. Occasional variations from the

schedule are acceptable given the needs of the entity and the

ability of the employee to accomplish assigned state business.

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

qualified telecommuting employee during the hours his or her

telecommuting schedule indicates he or she is telecommuting.

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

that an employing entity normally provides for its qualified

telecommuting employee.

(2) Each public employing entity shall:

(a) Establish and coordinate the public employee

telecommuting program and administer this section for its own

employees.

(b) Appoint an organization wide telecommuting coordinator

to promote telecommuting and provide technical assistance within

the entity.

telecommuting program and their job classifications through its

respective personnel or payroll information management system.

(3) By September 30, 2009, each employing public entity

shall complete a Telecommuting Plan to include a current listing

of the job classifications and positions that the entity

considers appropriate for telecommuting. The proposed

telecommuting plan must give equal consideration to civil

service and exempt positions in their selection of employees to

participate in the telecommuting program. The Telecommuting

Plan must also:

(a) Provide measurable financial benefits associated with

reduced office space requirements, reductions in energy

consumption, and reductions in associated emissions of

greenhouse gases resulting from telecommuting. Employing public

entities operating in office space owned and/or managed by the

Department of Management Services shall consult the facilities

program to ensure its consistency with the strategic leasing

plan required under 255.249 (3)(b).

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

telecommuting program will not adversely affect eligibility for

advancement or any other employment rights or benefits.

telecommuting program is voluntary, and that the employee may

elect to cease to participate in a telecommuting program at any

time.

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

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

continued participation would not be in the best interests of

the employing public entity.

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

performance improvement plan in order to participate in the

program.

(f) Ensure that employees participating in the program are

subject to the same rules regarding attendance, leave,

performance reviews, and separation action as are other

employees.

(g) Establish the reasonable conditions that the employing

public entity will impose in order to ensure the appropriate use

and maintenance of any equipment or items provided for use at a

qualified telecommuting employee's telecommuting site including

100

the installation and maintenance of any telephone equipment and

101

ongoing communications costs at the telecommuting site which is

102

to be used for official use only.

103

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

104

equipment used in telecommuting, including any liability for

105

personal equipment and costs for personal utility expenses

106

associated with telecommuting.

107

(i) Describe the security controls that the entity

108

considers appropriate for use at the telecommuting site.

109

(j) Provide that qualified telecommuting employees are

110

covered by workers' compensation under chapter 440, when

111

performing official duties at an alternate worksite, such as the

112

home.

113

(k) Prohibit employees engaged in a telecommuting program

114

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

115

site.

116

(l) Require a written agreement that specifies the terms

117

and conditions of telecommuting, which includes verification by

118

the employee that the home office provides work space that is

119

free of safety and fire hazards, together with an agreement

120

which holds the state harmless against any and all claims,

121

excluding workers' compensation claims, resulting from an

122

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

123

and agreed to by the telecommuter and the supervisor.

124

(4) The Telecommuting Plan for each employing public

125

entity, and pertinent supporting documents, shall be posted on

126

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

127

public.

128

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

129

Statutes, is amended to read:

130

186.007 State comprehensive plan; preparation; revision.--

131

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

132

of the Governor may include goals, objectives, and policies

133

related to the following program areas: economic opportunities;

134

agriculture; employment; public safety; education; energy;

135

global climate change; health concerns; social welfare concerns;

136

housing and community development; natural resources and

137

environmental management; recreational and cultural

138

opportunities; historic preservation; transportation; and

139

governmental direction and support services.

140

Section 3. Section 193.804, Florida Statutes, is created

141

to read:

142

193.804 Assessment of solar energy devices.--

143

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

144

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

145

added to the assessed value of the property for the property

146

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

147

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

148

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

149

property appraiser may require the taxpayer to produce such

150

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

151

right to have the properties subject to a solar energy device

152

assessment.

153

(2) If a property appraiser questions whether a taxpayer

154

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

155

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

156

the Department of Environmental Protection for a recommendation.

157

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

158

notify the taxpayer of such action. The Department of

159

Environmental Protection shall immediately consider whether the

160

taxpayer is entitled to the solar energy device assessment and

161

certify its recommendation to the property appraiser.

162

(3) The Department of Environmental Protection shall adopt

163

rules to administer the solar energy device assessment

164

provisions of this section.

165

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

166

212.08, Florida Statutes, is amended to read:

167

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

168

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

169

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

170

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

171

are hereby specifically exempt from the tax imposed by this

172

chapter.

173

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

174

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

175

otherwise taxable under this chapter when payment is made by a

176

representative or employee of the entity by any means,

177

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

178

when that representative or employee is subsequently reimbursed

179

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

180

this subsection do not inure to any transaction that is

181

otherwise taxable under this chapter unless the entity has

182

obtained a sales tax exemption certificate from the department

183

or the entity obtains or provides other documentation as

184

required by the department. Eligible purchases or leases made

185

with such a certificate must be in strict compliance with this

186

subsection and departmental rules, and any person who makes an

187

exempt purchase with a certificate that is not in strict

188

compliance with this subsection and the rules is liable for and

189

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

190

this subsection.

191

(ccc) Equipment, machinery, and other materials for

192

renewable energy technologies.--

193

1. As used in this paragraph, the term:

194

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

195

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

196

source of energy and meeting the specifications for biodiesel

197

and biodiesel blends with petroleum products as adopted by the

198

Department of Agriculture and Consumer Services. Biodiesel may

199

refer to biodiesel blends designated BXX, where XX represents

200

the volume percentage of biodiesel fuel in the blend.

201

b. "Ethanol" means an nominally anhydrous denatured

202

alcohol produced by the conversion of carbohydrates fermentation

203

of plant sugars meeting the specifications for fuel ethanol and

204

fuel ethanol blends with petroleum products as adopted by the

205

Department of Agriculture and Consumer Services. Ethanol may

206

refer to fuel ethanol blends designated EXX, where XX represents

207

the volume percentage of fuel ethanol in the blend.

208

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

209

a hydrogen-rich fuel in an electrochemical process to generate

210

energy, electricity, or the transfer of heat.

211

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

212

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

213

electrical energy.

214

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

215

from the tax imposed by this chapter:

216

a. Hydrogen-powered vehicles, materials incorporated into

217

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

218

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

219

taxpayers.

220

b. Commercial stationary hydrogen fuel cells, up to a

221

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

222

taxpayers.

223

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

224

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

225

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

226

each state fiscal year for all taxpayers. Gasoline fueling

227

station pump retrofits for ethanol (E10-E100) distribution

228

qualify for the exemption provided in this sub-subparagraph.

229

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

230

state fiscal year for all taxpayers.

231

3. The Department of Environmental Protection shall

232

provide to the department a list of items eligible for the

233

exemption provided in this paragraph.

234

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

235

available to a purchaser only through a refund of previously

236

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

237

the manufacturer is subject to refund. A purchaser who has

238

received a refund on an eligible item must notify any subsequent

239

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

240

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

241

subsequent purchaser on the sales invoice or other proof of

242

purchase.

243

b. To be eligible to receive the exemption provided in

244

this paragraph, a purchaser shall file an application with the

245

Department of Environmental Protection. The application shall be

246

developed by the Department of Environmental Protection, in

247

consultation with the department, and shall require:

248

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

249

refund.

250

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

251

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

252

other permanent identification number.

253

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

254

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

255

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

256

purchased.

257

(IV) A sworn statement that the information provided is

258

accurate and that the requirements of this paragraph have been

259

met.

260

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

261

Department of Environmental Protection shall review the

262

application and shall notify the applicant of any deficiencies.

263

Upon receipt of a completed application, the Department of

264

Environmental Protection shall evaluate the application for

265

exemption and issue a written certification that the applicant

266

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

267

certification within 60 days after receipt of the application.

268

The Department of Environmental Protection shall provide the

269

department with a copy of each certification issued upon

270

approval of an application.

271

d. Each certified applicant shall be responsible for

272

forwarding a certified copy of the application and copies of all

273

required documentation to the department within 6 months after

274

certification by the Department of Environmental Protection.

275

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

276

application made pursuant to this paragraph. A refund approved

277

pursuant to this paragraph shall be made within 30 days after

278

formal approval by the department.

279

f. The Department of Environmental Protection may adopt

280

the form for the application for a certificate, requirements for

281

the content and format of information submitted to the

282

Department of Environmental Protection and support of the

283

application, other procedural requirements, and criteria by

284

which the application will be determined by rule. The

285

department may adopt all other rules pursuant to ss. 120.536(1)

286

and 120.54 to administer this paragraph, including rules

287

establishing additional forms and procedures for claiming this

288

exemption.

289

g. The Department of Environmental Protection shall be

290

responsible for ensuring that the total amounts of the

291

exemptions authorized do not exceed the limits as specified in

292

subparagraph 2.

293

5. The Department of Environmental Protection shall

294

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

295

funds remaining in each fiscal year.

296

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

297

relates to wind turbines. The paragraph relating to wind

298

turbines expires July 1, 2012.

299

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

300

220.192, Florida Statutes, are amended to read:

301

220.192 Renewable energy technologies investment tax

302

credit.--

303

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

304

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

305

212.08(7)(ccc).

306

(b) "Eligible costs" means:

307

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

308

and maintenance costs, and research and development costs

309

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

310

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

311

connection with an investment in hydrogen-powered vehicles and

312

hydrogen vehicle fueling stations in the state, including, but

313

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

314

equipping such technologies in the state.

315

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

316

and maintenance costs, and research and development costs

317

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

318

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

319

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

320

with an investment in commercial stationary hydrogen fuel cells

321

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

322

constructing, installing, and equipping such technologies in the

323

state.

324

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

325

and maintenance costs, and research and development costs

326

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

327

of $14 $6.5 million per state fiscal year for all taxpayers, in

328

connection with an investment in the production, storage, and

329

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

330

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

331

equipping such technologies in the state. Gasoline fueling

332

station pump retrofits for ethanol (E10-E100) distribution

333

qualify as an eligible cost under this subparagraph.

334

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

335

maintenance costs, and research and development costs incurred

336

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

337

million per state fiscal year for all taxpayers, in connection

338

with an investment in the production of wind energy.

339

340

212.08(7)(ccc).

341

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

342

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

343

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

344

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

345

(2) TAX CREDIT.--

346

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

347

credit against the tax imposed by this chapter shall be granted

348

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

349

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

350

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

351

fully used in any one tax year because of insufficient tax

352

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

353

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

354

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

355

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

356

consolidated return in this state as a member of an affiliated

357

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

358

consolidated return basis up to the amount of tax imposed upon

359

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

360

claimed and which is deducted or otherwise reduces federal

361

taxable income shall be added back in computing adjusted federal

362

income under s. 220.13.

363

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

364

credit against the tax imposed by this chapter shall be granted

365

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

366

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

367

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

368

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

369

insufficient tax liability on the part of the corporation, the

370

unused amount may be carried forward and used in tax years

371

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

372

which the credit carryover expires and may not be used.

373

2. A taxpayer who files a consolidated return in this

374

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

375

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

376

the amount of tax imposed upon the consolidated group. Any

377

eligible cost for which a credit is claimed and which is

378

deducted or otherwise reduces federal taxable income shall be

379

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

380

(b) A corporation and a subsequent transferee allowed the

381

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

382

any taxpayer by written agreement, without the requirement of

383

transferring any ownership interest in the property generating

384

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

385

property. A transferee is entitled to apply the credits against

386

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

387

the eligible costs.

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

389

written transfer statement providing notice to the Department of

390

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

391

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

392

name, address, federal taxpayer identification number, and tax

393

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

394

Department of Revenue shall issue, upon receipt of a transfer

395

statement conforming to the requirements of this section, a

396

certificate to the assignee reflecting the tax credit amounts

397

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

398

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

399

2. Tax credits derived by such entities treated as

400

corporations under this section which are not transferred by

401

such entities to other taxpayers under this subsection must be

402

passed through to the taxpayers designated as partners, members,

403

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

404

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

405

portion of the federal energy tax credit with respect to the

406

eligible costs.

407

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

408

authority to adopt rules relating to:

409

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

410

section, the requirements and basis for establishing an

411

entitlement to a credit, and the examination and audit

412

procedures required to administer this section.

413

(b) The implementation and administration of the

414

provisions allowing a transfer of tax credits, including rules

415

prescribing forms, reporting requirements, and the specific

416

procedures, guidelines, and requirements necessary for a tax

417

credit to be transferred.

418

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

419

255.249, Florida Statutes, is amended to read:

420

255.249 Department of Management Services; responsibility;

421

department rules.--

422

(3)

423

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

424

annually provide to the department all information regarding

425

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

426

agency, reviews of lease-expiration schedules for each

427

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

428

business case analyses related to consolidation plans by an

429

agency, telecommuting plans, and current occupancy and

430

relocation costs, inclusive of furnishings, fixtures and

431

equipment, data, and communications.

432

Section 7. Section 255.251, Florida Statutes, is amended

433

to read:

434

255.251 Energy Conservation and Sustainable in Buildings

435

Act; short title.--Sections 255.251-255.258 may This act shall

436

be cited as the "Florida Energy Conservation and Sustainable in

437

Buildings Act of 1974."

438

Section 8. Section 255.252, Florida Statutes, is amended

439

to read:

440

255.252 Findings and intent.--

441

(1) Operating and maintenance expenditures associated with

442

energy equipment and with energy consumed in state-financed and

443

leased buildings represent a significant cost over the life of a

444

building. Energy conserved by appropriate building design not

445

only reduces the demand for energy but also reduces costs for

446

building operation. For example, commercial buildings are

447

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

448

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

449

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

450

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

451

consonant with space-use requirements, the handling of occupancy

452

loads, and the ability to zone off areas not requiring

453

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

454

considerations necessary to conserving energy.

455

(2) Significant efforts are needed to build energy-

456

efficient state-owned buildings that meet environmental

457

standards and underway by the General Services Administration,

458

the National Institute of Standards and Technology, and others

459

to detail the considerations and practices for energy

460

conservation in buildings. Most important is that energy-

461

efficient designs provide energy savings over the life of the

462

building structure. Conversely, energy-inefficient designs cause

463

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

464

With buildings lasting many decades and with energy costs

465

escalating rapidly, it is essential that the costs of operation

466

and maintenance for energy-using equipment and sustainable

467

materials be included in all design proposals for state-owned

468

state buildings.

469

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

470

materials considerations become a function of building design,

471

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

472

it shall be the policy of the state that buildings constructed

473

and financed by the state be designed and constructed in

474

accordance with the United States Green Building Council (USGBC)

475

Leadership in Energy and Environmental Design (LEED) rating

476

system with a goal of meeting the Platinum level rating in a

477

manner which will minimize the consumption of energy used in the

478

operation and maintenance of such buildings. It is further the

479

policy of the state, when economically feasible, to retrofit

480

existing state-owned buildings in a manner which will minimize

481

the consumption of energy used in the operation and maintenance

482

of such buildings.

483

(4) In addition to designing and constructing new

484

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

485

state to operate, maintain, and renovate existing state

486

facilities, or provide for their renovation, in accordance with

487

the United States Green Building Council's Leadership in Energy

488

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

489

smaller renovations, or the United States Green Building

490

Council's Leadership in Energy and Environmental Design for New

491

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

492

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

493

minimize energy consumption and maximize building sustainability

494

as well as ensure that facilities leased by the state are

495

operated so as to minimize energy use. State government entities

496

Agencies are encouraged to consider shared savings financing of

497

such energy efficiency and conservation projects, using

498

contracts which split the resulting savings for a specified

499

period of time between the state government entity agency and

500

the private firm or cogeneration contracts which otherwise

501

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

502

contracts may be funded from the operating budget.

503

(5) Each state government entity occupying space within

504

buildings owned or managed by the Department of Management

505

Services must identify and compile a list of projects determined

506

to be suitable for a guaranteed energy performance savings

507

contract pursuant to s. 489.145. The list of projects compiled

508

by each state government entity shall be submitted to the

509

Department of Management Services by December 31, 2008, and must

510

include all criteria used to determine suitability. The list of

511

projects shall be developed from the list of state-owned

512

facilities greater than 5,000 square feet in area and for which

513

the state government entity is responsible for paying the

514

expenses of utilities and other operating expenses as they

515

relate to energy use. In consultation with each state government

516

entity executive officer, by July 1, 2009, the department shall

517

prioritize all projects deemed suitable by each state government

518

entity and shall develop an energy efficiency project schedule

519

based on factors such as project magnitude, efficiency and

520

effectiveness of energy conservation measures to be implemented,

521

and other factors that may prove to be advantageous to pursue.

522

The schedule shall provide the deadline for guaranteed energy

523

performance savings contract improvements to be made to the

524

state-owned buildings.

525

Section 9. Section 255.253, Florida Statutes, is amended

526

to read:

527

255.253 Definitions; ss. 255.251-255.258.--

528

(1) "Department" means the Department of Management

529

Services.

530

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

531

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

532

number describing the energy requirements at the building

533

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

534

cubic foot of occupied volume, as appropriate under defined

535

internal and external ambient conditions over an entire seasonal

536

cycle. As experience develops on the energy performance achieved

537

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

538

of building performance with respect to energy consumption.

539

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

540

operating, and maintaining the facility over the life of the

541

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

542

of the facility's use.

543

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

544

energy conservation measures and maintenance services through a

545

private firm which may own any purchased equipment for the

546

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

547

unless so authorized by the department. The Such contract shall

548

specify that the private firm will be recompensed either out of

549

a negotiated portion of the savings resulting from the

550

conservation measures and maintenance services provided by the

551

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

552

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

553

been paid for the same energy from current sources.

554

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

555

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

556

includes water management districts, the Senate, the House of

557

Representatives, the state court system, the State University

558

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

559

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

560

official of state government.

561

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

562

healthy and comfortable for its occupants and is economical to

563

operate while conserving resources, including energy, water, raw

564

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

565

toxic materials and waste in its design, construction,

566

landscaping, and operation.

567

(8) "Sustainable building rating" means a rating

568

established by the United States Green Building Council (USGBC)

569

Leadership in Energy and Environmental Design (LEED) rating

570

system.

571

Section 10. Section 255.254, Florida Statutes, is amended

572

to read:

573

255.254 No facility constructed or leased without life-

574

cycle costs.--

575

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

576

lease, construct, or have constructed, within limits prescribed

577

herein, a facility without having secured from the department an

578

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

579

architect or engineer. Furthermore, construction shall proceed

580

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

581

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

582

sustainable building rating goal, and the capitalization of the

583

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

584

and the sustainable building rating goal shall be a primary

585

considerations consideration in the selection of a building

586

design. Such analysis shall be required only for construction of

587

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

588

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

589

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

590

cycle analysis consisting of a projection of the annual energy

591

consumption costs in dollars per square foot of major energy-

592

consuming equipment and systems based on actual expenses, from

593

the last three years, and projected forward for the term of the

594

proposed lease shall be performed, and a lease shall only be

595

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

596

costs incurred by the state are minimal compared to available

597

like facilities. Any building leased by the state from a

598

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

599

provisions for monthly energy use data to be collected and

600

submitted monthly to the department by the owner of the

601

building.

602

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

603

entity may not agency shall initiate construction or have

604

construction initiated, prior to approval thereof by the

605

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

606

facility, the design and construction of which incorporates or

607

contemplates the use of an energy system other than a solar

608

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

609

department has determined that a solar energy system is the most

610

cost-efficient energy system for the facility or unit.

611

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

612

entity agency must replace or supplement major items of energy-

613

consuming equipment in existing state-owned or leased facilities

614

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

615

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

616

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

617

alternatives in accordance with rules promulgated by the

618

department under s. 255.255.

619

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

620

Statutes, is amended to read:

621

255.255 Life-cycle costs.--

622

(1) The department shall adopt promulgate rules and

623

procedures, including energy conservation performance

624

guidelines, based on sustainable building ratings, for

625

conducting a life-cycle cost analysis of alternative

626

architectural and engineering designs and alternative major

627

items of energy-consuming equipment to be retrofitted in

628

existing state-owned or leased facilities and for developing

629

energy performance indices to evaluate the efficiency of energy

630

utilization for competing designs in the construction of state-

631

financed and leased facilities.

632

Section 12. Section 255.257, Florida Statutes, is amended

633

to read:

634

255.257 Energy management; buildings occupied by state

635

government entities agencies.--

636

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

637

government entity agency shall collect data on energy

638

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

639

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

640

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

641

of the effectiveness of the state energy management plan and the

642

effectiveness of the energy management program of each of the

643

state government entity agencies. Collected data shall be

644

reported to the department annually in a format prescribed by

645

the department.

646

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

647

entity agency, the Florida Public Service Commission, the

648

Department of Military Affairs, and the judicial branch shall

649

appoint a coordinator whose responsibility shall be to advise

650

the head of the state government entity agency on matters

651

relating to energy consumption in facilities under the control

652

of that head or in space occupied by the various units

653

comprising that state government entity agency, in vehicles

654

operated by that state government entity agency, and in other

655

energy-consuming activities of the state government entity

656

agency. The coordinator shall implement the energy management

657

program agreed upon by the state government entity agency

658

concerned and assist the department in the development of the

659

State Energy Management Plan.

660

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

661

Department of Management Services shall may develop a state

662

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

663

following elements:

664

(a) Data-gathering requirements;

665

(b) Building energy audit procedures;

666

667

(d) Employee energy education program measures;

668

(e) Energy consumption reduction techniques;

669

(f) Training program for state government entity agency

670

energy management coordinators; and

671

(g) Guidelines for building managers.

672

673

The plan shall include a description of the actions that each

674

state government entity must take to reduce consumption of

675

electricity and nonrenewable energy sources used for space

676

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

677

transportation. The state energy office shall provide technical

678

assistance to the department in the development of the State

679

Energy Management Plan.

680

(4) ENERGY AND ENVIRONMENTAL DESIGN.--

681

(a) Each state government entity shall adopt the standards

682

of the United States Green Building Council's Leadership in

683

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

684

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

685

Platinum level rating for each construction project.

686

(b) Each state government entity shall implement the

687

United States Green Building Council's Leadership in Energy and

688

Environmental Design for Existing Buildings (LEED-EB). A state

689

governmental entity may prioritize implementation of LEED-EB

690

standards in order to gain the greatest environmental benefit

691

within existing budget for property management.

692

693

leasing agreement for office space which does not meet Energy

694

Star building standards, except when determined by the

695

appropriate state government entity executive that no other

696

viable or cost-effective alternative exists.

697

(d) Each state government entity shall develop energy-

698

conservation measures and guidelines for new and existing office

699

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

700

square feet. The conservation measures shall focus on programs

701

that reduce energy consumption and. when established, provide a

702

net reduction in occupancy costs.

703

Section 13. Section 286.275, Florida Statutes, is created

704

to read:

705

286.275 .-- Section 286.28 Climate Friendly Public

706

Business.--

707

(1) The legislature recognizes the importance of

708

leadership by state government in the area of energy efficiency

709

and in reducing the greenhouse gas emissions of state government

710

operations. The following shall pertain to all state government

711

entities, as defined in this section, when conducting public

712

business.

713

(a) The Department of Management Services shall develop

714

the "Florida Climate Friendly Preferred Products List." In

715

maintaining that list, the department in consultation with the

716

Department of Environmental Protection, will continually assess

717

products currently available for purchase under State Term

718

Contracts to identify specific products and vendors that have

719

clear energy efficiency or other environmental benefits over

720

competing products. When procuring products from state term

721

contracts, state government entities shall first consult the

722

Florida Climate Friendly Preferred Products List and procure

723

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

724

most cost effective alternative commodity not included on the

725

list.

726

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

727

only contract for meeting and conference space with hotels or

728

conference facilities that have received the "Green Lodging"

729

designation from the Department of Environmental Protection for

730

best practices in water, energy and waste efficiency standards,

731

unless the responsible state government entity's chief executive

732

officer makes a determination that no other viable alternative

733

exists. The Department of Environmental Protection is authorized

734

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

735

736

authorized to establish voluntary technical assistance programs

737

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

738

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

739

and Green Yards programs. The programs may include

740

certifications, designations, or other forms of recognition.

741

The Department is authorized to implement some or all of these

742

programs through rulemaking, but need not implement any programs

743

through rulemaking provided that they do not impose requirements

744

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

745

state government entities shall patronize businesses that have

746

received such certifications or designations to the greatest

747

extent practical.

748

(d) Each state government entity shall assure that all

749

maintained vehicles meet minimum maintenance schedules shown to

750

reduce fuel consumption which includes assuring appropriate tire

751

pressures and tread depth; replacing fuel filters and emission

752

filters at recommended intervals; using proper motor oils; and

753

performing timely motor maintenance. Each state government

754

entity will measure and report compliance to the Department of

755

Management Services through the Equipment Management Information

756

System database.

757

(e) When procuring new vehicles, all state government

758

entities shall first define the intended purpose for a vehicle

759

and determine which of the following use classes the vehicle is

760

being procured for:

761

1. State business travel, designated operator;

762

2 State business travel, pool operators;

763

3. Construction, agricultural or maintenance work;

764

4. Conveyance of passengers;

765

5. Conveyance of building or maintenance materials and

766

supplies;

767

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

768

vehicles;

769

7. Emergency response; or

770

8. Other.

771

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

772

for purchase or leasing agreements, must be selected for the

773

greatest fuel efficiency available for a given use class when

774

fuel economy data are available. Exceptions may be made for

775

certain individual vehicles in subparagraph 7. when accompanied,

776

during the procurement process, by documentation indicating

777

that the operator or operators will exclusively be emergency

778

first responders or have special documented need for exceptional

779

vehicle performance characteristics. Any request for an

780

exception must be approved by the purchasing entity's chief

781

executive officer and any exceptional performance

782

characteristics denoted as a part of the procurement process

783

prior to purchase.

784

(f) All state government entities shall use ethanol and

785

biodiesel blended fuels when available. State government

786

entities administering central fueling operations for state-

787

owned vehicles shall procure biofuels for fleet needs to the

788

greatest extent practicable.

789

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

790

entity" means any state government entity listed in chapter 20

791

or the Florida State Constitution and also includes water

792

management districts, the Florida Senate, the Florida House of

793

Representatives, the Florida State Court System, the State

794

University System, the Community College System, or any other

795

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

796

department or official of state government.

797

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

798

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

799

287.063 Deferred-payment commodity contracts; preaudit

800

review.--

801

(2)

802

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

803

criteria for approving purchases made under deferred-payment

804

contracts which require the payment of interest. Criteria shall

805

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

806

1. No contract shall be approved in which interest exceeds

807

the statutory ceiling contained in this section. However, the

808

interest component of any master equipment financing agreement

809

entered into for the purpose of consolidated financing of a

810

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

811

deemed to comply with the interest rate limitation of this

812

section so long as the interest component of every interagency

813

agreement under such master equipment financing agreement

814

complies with the interest rate limitation of this section.

815

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

816

shall be approved, unless it can be satisfactorily demonstrated

817

and documented to the Chief Financial Officer that failure to

818

make such deferred-payment purchase would adversely affect an

819

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

820

Financial Officer may approve any deferred-payment purchase if

821

the Chief Financial Officer determines that such purchase is

822

economically beneficial to the state.

823

3. No agency shall obligate an annualized amount of

824

payments for deferred-payment purchases in excess of current

825

operating capital outlay appropriations, unless specifically

826

authorized by law or unless it can be satisfactorily

827

demonstrated and documented to the Chief Financial Officer that

828

failure to make such deferred-payment purchase would adversely

829

affect an agency in the performance of its duties.

830

3.4. No contract shall be approved which extends payment

831

beyond 5 years, unless it can be satisfactorily demonstrated and

832

documented to the Chief Financial Officer that failure to make

833

such deferred-payment purchase would adversely affect an agency

834

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

835

exceed the useful life of the equipment unless the contract

836

provides for the replacement or the extension of the useful life

837

of the equipment during the term of the deferred payment

838

contract.

839

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

840

any such deferred payment commodity contract must be supported

841

from available recurring funds appropriated to the agency in an

842

appropriation category, other than the expense appropriation

843

category as defined in chapter 216, that the Chief Financial

844

Officer has determined is appropriate or that the Legislature

845

has designated for payment of the obligation incurred under this

846

section.

847

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

848

Florida Statutes, are amended to read:

849

287.064 Consolidated financing of deferred-payment

850

purchases.--

851

(10) Costs incurred pursuant to a guaranteed energy

852

performance savings contract, including the cost of energy

853

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

854

financed pursuant to a master equipment financing agreement;

855

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

856

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

857

drawn pursuant to the master equipment financing agreement under

858

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

859

years for energy conservation measures under s. 489.145,

860

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

861

guaranteed energy performance savings contractor shall provide

862

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

863

equipment during the term of the contract.

864

(11) For purposes of consolidated financing of deferred

865

payment commodity contracts under this section by a state

866

agency, any such contract must be supported from available

867

recurring funds appropriated to the agency in an appropriation

868

category, other than the expense appropriation category as

869

defined in chapter 216, that the Chief Financial Officer has

870

determined is appropriate or that the Legislature has designated

871

for payment of the obligation incurred under this section.

872

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

873

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

874

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

875

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

876

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

877

subsection (4) of that section, to read:

878

288.1089 Innovation Incentive Program.--

879

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

880

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

881

mechanical, or thermal energy produced from a method that uses

882

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

883

cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,

884

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

885

or geothermal.

886

(3) To be eligible for consideration for an innovation

887

incentive award, an innovation business, or research and

888

development entity, or alternative and renewable energy project

889

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

890

before making a decision to locate new operations in this state

891

or expand an existing operation in this state. The application

892

must include, but not be limited to:

893

(a) The applicant's federal employer identification

894

number, unemployment account number, and state sales tax

895

registration number. If such numbers are not available at the

896

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

897

writing prior to the disbursement of any payments under this

898

section.

899

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

900

located or is to be located.

901

902

product, or research and development undertaken by the

903

applicant, including six-digit North American Industry

904

Classification System codes for all activities included in the

905

project.

906

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

907

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

908

project.

909

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

910

this state the applicant anticipates having created as of

911

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

912

wage of such jobs.

913

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

914

currently employed by the applicant in this state, if

915

applicable.

916

(h) The anticipated commencement date of the project.

917

(i) A detailed explanation of why the innovation incentive

918

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

919

state and whether an award would cause the applicant to locate

920

or expand in this state.

921

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

922

revenues resulting from the project that will be generated

923

outside this state.

924

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

925

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

926

of Enterprise Florida, Inc., and the office:

927

(d) For an alternative and renewable energy project in

928

this state, the project must:

929

1. Demonstrate a plan for significant higher education

930

collaboration.

931

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

932

investment within a 20-year period.

933

3. Include matching funds provided by the applicant or

934

other available sources. This requirement may be waived if the

935

office and the department determine that the merits of the

936

individual project or the specific circumstances warrant such

937

action.

938

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

939

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

940

amended to read:

941

339.175 Metropolitan planning organization.--

942

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

943

encourage and promote the safe and efficient management,

944

operation, and development of surface transportation systems

945

that will serve the mobility needs of people and freight and

946

foster economic growth and development within and through

947

urbanized areas of this state while minimizing transportation-

948

related fuel consumption, and air pollution, and greenhouse gas

949

emissions through metropolitan transportation planning processes

950

identified in this section. To accomplish these objectives,

951

metropolitan planning organizations, referred to in this section

952

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

953

public transit operators, transportation plans and programs for

954

metropolitan areas. The plans and programs for each metropolitan

955

area must provide for the development and integrated management

956

and operation of transportation systems and facilities,

957

including pedestrian walkways and bicycle transportation

958

facilities that will function as an intermodal transportation

959

system for the metropolitan area, based upon the prevailing

960

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

961

such plans and programs shall provide for consideration of all

962

modes of transportation and shall be continuing, cooperative,

963

and comprehensive, to the degree appropriate, based on the

964

complexity of the transportation problems to be addressed. To

965

ensure that the process is integrated with the statewide

966

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

967

identify transportation facilities that should function as an

968

integrated metropolitan transportation system, giving emphasis

969

to facilities that serve important national, state, and regional

970

transportation functions. For the purposes of this section,

971

those facilities include the facilities on the Strategic

972

Intermodal System designated under s. 339.63 and facilities for

973

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

974

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

975

develop a long-range transportation plan that addresses at least

976

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

977

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

978

state and federal requirements. The prevailing principles to be

979

considered in the long-range transportation plan are: preserving

980

the existing transportation infrastructure; enhancing Florida's

981

economic competitiveness; and improving travel choices to ensure

982

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

983

to the maximum extent feasible, with future land use elements

984

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

985

government comprehensive plans of the units of local government

986

located within the jurisdiction of the M.P.O. Each M.P.O. is

987

encouraged to consider strategies that integrate transportation

988

and land use planning to provide for sustainable development and

989

reduce greenhouse gas emissions. The approved long-range

990

transportation plan must be considered by local governments in

991

the development of the transportation elements in local

992

government comprehensive plans and any amendments thereto. The

993

long-range transportation plan must, at a minimum:

994

(a) Identify transportation facilities, including, but not

995

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

996

commuter rail systems, transit systems, and intermodal or

997

multimodal terminals that will function as an integrated

998

metropolitan transportation system. The long-range

999

transportation plan must give emphasis to those transportation

1000

facilities that serve national, statewide, or regional

1001

functions, and must consider the goals and objectives identified

1002

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

1003

a project is located within the boundaries of more than one

1004

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

1005

in the long-range transportation plan.

1006

(b) Include a financial plan that demonstrates how the

1007

plan can be implemented, indicating resources from public and

1008

private sources which are reasonably expected to be available to

1009

carry out the plan, and recommends any additional financing

1010

strategies for needed projects and programs. The financial plan

1011

may include, for illustrative purposes, additional projects that

1012

would be included in the adopted long-range transportation plan

1013

if reasonable additional resources beyond those identified in

1014

the financial plan were available. For the purpose of developing

1015

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

1016

department shall cooperatively develop estimates of funds that

1017

will be available to support the plan implementation. Innovative

1018

financing techniques may be used to fund needed projects and

1019

programs. Such techniques may include the assessment of tolls,

1020

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

1021

1022

to:

1023

1. Ensure the preservation of the existing metropolitan

1024

transportation system including requirements for the operation,

1025

resurfacing, restoration, and rehabilitation of major roadways

1026

and requirements for the operation, maintenance, modernization,

1027

and rehabilitation of public transportation facilities; and

1028

2. Make the most efficient use of existing transportation

1029

facilities to relieve vehicular congestion and maximize the

1030

mobility of people and goods.

1031

(d) Indicate, as appropriate, proposed transportation

1032

enhancement activities, including, but not limited to,

1033

pedestrian and bicycle facilities, scenic easements,

1034

landscaping, historic preservation, mitigation of water

1035

pollution due to highway runoff, and control of outdoor

1036

advertising.

1037

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

1038

in metropolitan areas that are classified as nonattainment areas

1039

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

1040

development of the long-range transportation plan with the State

1041

Implementation Plan developed pursuant to the requirements of

1042

the federal Clean Air Act.

1043

1044

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

1045

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

1046

representatives of transportation agency employees, freight

1047

shippers, providers of freight transportation services, private

1048

providers of transportation, representatives of users of public

1049

transit, and other interested parties with a reasonable

1050

opportunity to comment on the long-range transportation plan.

1051

The long-range transportation plan must be approved by the

1052

M.P.O.

1053

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

1054

shall, in cooperation with the state and affected public

1055

transportation operators, develop a transportation improvement

1056

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

1057

the development of the transportation improvement program, each

1058

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

1059

representatives of transportation agency employees, freight

1060

shippers, providers of freight transportation services, private

1061

providers of transportation, representatives of users of public

1062

transit, and other interested parties with a reasonable

1063

opportunity to comment on the proposed transportation

1064

improvement program.

1065

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

1066

list of project priorities and a transportation improvement

1067

program. The prevailing principles to be considered by each

1068

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

1069

transportation improvement program are: preserving the existing

1070

transportation infrastructure; enhancing Florida's economic

1071

competitiveness; and improving travel choices to ensure

1072

mobility. The transportation improvement program will be used to

1073

initiate federally aided transportation facilities and

1074

improvements as well as other transportation facilities and

1075

improvements including transit, rail, aviation, spaceport, and

1076

port facilities to be funded from the State Transportation Trust

1077

Fund within its metropolitan area in accordance with existing

1078

and subsequent federal and state laws and rules and regulations

1079

related thereto. The transportation improvement program shall be

1080

consistent, to the maximum extent feasible, with the approved

1081

local government comprehensive plans of the units of local

1082

government whose boundaries are within the metropolitan area of

1083

the M.P.O. and include those projects programmed pursuant to s.

1084

339.2819(4).

1085

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

1086

priorities and shall submit the list to the appropriate district

1087

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

1088

department and a metropolitan planning organization may, in

1089

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

1090

priorities must be formally reviewed by the technical and

1091

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

1092

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

1093

project priorities must be used by the district in developing

1094

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

1095

developing its transportation improvement program. The annual

1096

list of project priorities must be based upon project selection

1097

criteria that, at a minimum, consider the following:

1098

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

1099

2. The Strategic Intermodal System Plan developed under s.

1100

339.64.

1101

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

1102

4. The results of the transportation management systems;

1103

and

1104

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

1105

6. To provide for sustainable growth and reduce greenhouse

1106

gas emissions.

1107

Section 18. Section 366.82, Florida Statutes, is amended

1108

to read:

1109

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

1110

energy audits.--

1111

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

1112

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

1113

provides electricity or natural gas at retail to the public,

1114

specifically including municipalities or instrumentalities

1115

thereof and cooperatives organized under the Rural Electric

1116

Cooperative Law and specifically excluding any municipality or

1117

instrumentality thereof, any cooperative organized under the

1118

Rural Electric Cooperative Law, or any other person or entity

1119

providing natural gas at retail to the public whose annual sales

1120

volume is less than 100 million therms or any municipality or

1121

instrumentality thereof and any cooperative organized under the

1122

Rural Electric Cooperative Law providing electricity at retail

1123

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

1124

customers is less than 2,000 gigawatt hours.

1125

(2) The commission shall adopt appropriate goals for

1126

increasing the efficiency of energy consumption and increasing

1127

the development of cogeneration, specifically including goals

1128

designed to increase the conservation of expensive resources,

1129

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

1130

of electric consumption, and to reduce the growth rates of

1131

weather-sensitive peak demand. The Executive Office of the

1132

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

1133

commission may change the goals for reasonable cause. The time

1134

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

1135

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

1136

completed, the commission shall determine what further goals,

1137

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

1138

(3) The commission shall publish a notice of proposed

1139

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

1140

offset 20 percent of their annual load-growth through energy

1141

efficiency and conservation measures thereby constituting an

1142

energy efficiency portfolio standard. The commission may allow

1143

efficiency investments across generation, transmission, and

1144

distribution as well as efficiencies within the user base. As

1145

part of the implementation rules, the commission shall create an

1146

in-state market for tradable credits enabling those utilities

1147

that exceed the standard to sell credits to those that cannot

1148

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

1149

separate from and exclusive of the renewable portfolio standard

1150

that requires electricity providers to obtain a minimum

1151

percentage of their power from renewable energy resources.

1152

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

1153

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

1154

plans and programs to meet the overall goals within its service

1155

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

1156

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

1157

approved by the commission, the utility shall perform such

1158

functions, notwithstanding any other provision of the law. The

1159

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

1160

Service Regulatory Trust Fund to guarantee such loans. However,

1161

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

1162

of purchasing or otherwise acquiring conservation measures or

1163

devices, but nothing herein shall prohibit or impair the

1164

administration or implementation of a utility plan as submitted

1165

by a utility and approved by the commission under this

1166

subsection. If the commission disapproves a plan, it shall

1167

specify the reasons for disapproval, and the utility whose plan

1168

is disapproved shall resubmit its modified plan within 30 days.

1169

Prior approval by the commission shall be required to modify or

1170

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

1171

any utility has not implemented its programs and is not

1172

substantially in compliance with the provisions of its approved

1173

plan at any time, the commission shall adopt programs required

1174

for that utility to achieve the overall goals. Utility programs

1175

may include variations in rate design, load control,

1176

cogeneration, residential energy conservation subsidy, or any

1177

other measure within the jurisdiction of the commission which

1178

the commission finds likely to be effective; this provision

1179

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

1180

program.

1181

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

1182

each utility and shall provide the Legislature and the Governor

1183

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

1184

its progress toward meeting those goals. The commission shall

1185

also consider the performance of each utility pursuant to ss.

1186

366.80-366.85 and 403.519 when establishing rates for those

1187

utilities over which the commission has ratesetting authority.

1188

(6) The commission shall require municipal and cooperative

1189

utilities that are exempt from the Florida Energy Efficiency and

1190

Conservation Act to submit an annual report to the commission

1191

identifying energy efficiency and conservation goals and the

1192

actions taken to meet those goals.

1193

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

1194

or to contract to offer, energy audits to its residential

1195

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

1196

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

1197

any other reasonable criterion, so long as all eligible

1198

customers are notified. The commission may extend this

1199

requirement to some or all commercial customers. The commission

1200

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

1201

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

1202

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

1203

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

1204

the audits are performed shall pay the contracting utility the

1205

reasonable cost of performing the audits. Each utility over

1206

which the commission has ratesetting authority shall estimate

1207

its costs and revenues for audits, conservation programs, and

1208

implementation of its plan for the immediately following 6-month

1209

period. Reasonable and prudent unreimbursed costs projected to

1210

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

1211

rates which would otherwise be charged by a utility upon

1212

approval by the commission, provided that the commission shall

1213

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

1214

enhancing advertising or of any advertising not directly related

1215

to an approved conservation program. Following each 6-month

1216

period, each utility shall report the actual results for that

1217

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

1218

actual and projected results shall be taken into account in

1219

succeeding periods. The state plan as submitted for

1220

consideration under the National Energy Conservation Policy Act

1221

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

1222

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

1223

the commission shall be the responsible state agency for

1224

performing, coordinating, implementing, or administering the

1225

functions of the state plan submitted for consideration under

1226

the National Energy Conservation Policy Act and any acts

1227

amendatory thereof or supplemental thereto and for performing,

1228

coordinating, implementing, or administering the functions of

1229

any future federal program delegated to the state which relates

1230

to consumption, utilization, or conservation of electricity or

1231

natural gas; and the commission shall have exclusive

1232

responsibility for preparing all reports, information, analyses,

1233

recommendations, and materials related to consumption,

1234

utilization, or conservation of electrical energy which are

1235

required or authorized by s. 377.703.

1236

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

1237

in the proceedings to adopt goals and shall file with the

1238

commission comments on the proposed goals including, but not

1239

limited to:

1240

1. An evaluation of utility load forecasts, including an

1241

assessment of alternative supply and demand side resource

1242

options.

1243

2. An analysis of various policy options which can be

1244

implemented to achieve a least-cost strategy.

1245

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

1246

requirements for energy auditors used by each utility. The

1247

commission is authorized to contract with any public agency or

1248

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

1249

other step necessary to fulfill the provisions of this

1250

subsection.

1251

(10) The commission shall immediately initiate rulemaking

1252

to allow utilities to install solar hot water systems and other

1253

renewable energy efficient technologies in residential homes and

1254

commercial facilities while retaining ownership of the systems.

1255

Utility expenditures for this purpose shall be placed in the

1256

utility's rate base as a capital investment. In applying this

1257

provision, the commission may provide for accelerated

1258

depreciation. The utilities may apply the credits for the

1259

investment in the solar hot water systems or other renewable

1260

energy efficient technologies to their renewable portfolio

1261

standard or their energy efficiency portfolio standard as

1262

determined in subsection (3).

1263

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

1264

366.8255, Florida Statutes, is amended to read:

1265

366.8255 Environmental cost recovery.--

1266

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

1267

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

1268

expenses incurred by an electric utility in complying with

1269

environmental laws or regulations, including but not limited to:

1270

1. Inservice capital investments, including the electric

1271

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

1272

2. Operation and maintenance expenses;

1273

3. Fuel procurement costs;

1274

4. Purchased power costs;

1275

5. Emission allowance costs;

1276

6. Direct taxes on environmental equipment; and

1277

7. Costs or expenses prudently incurred by an electric

1278

utility pursuant to an agreement entered into on or after the

1279

effective date of this act and prior to October 1, 2002, between

1280

the electric utility and the Florida Department of Environmental

1281

Protection or the United States Environmental Protection Agency

1282

for the exclusive purpose of ensuring compliance with ozone

1283

ambient air quality standards by an electrical generating

1284

facility owned by the electric utility;.

1285

8. Costs or expenses prudently incurred for scientific

1286

research and geological assessments of carbon capture and

1287

storage for the purpose of reducing an electric utility's

1288

greenhouse gas emissions as defined in s. 403.44 when such costs

1289

or expenses are incurred in joint research projects with this

1290

state's government agencies and universities; and

1291

9. Costs or expenses prudently incurred for the

1292

quantification, reporting, and verification of greenhouse gas

1293

emissions by third parties as required for participation in

1294

emission registries.

1295

Section 20. Section 377.601, Florida Statutes, is amended

1296

to read:

1297

377.601 Legislative intent.--

1298

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

1299

security can be increased by lessening dependence on foreign

1300

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

1301

through the reduction of greenhouse gas emissions, and that the

1302

implementation of alternative energy technologies can be the

1303

source of new jobs and employment opportunities for many

1304

Floridians. The Legislature further finds that this state is

1305

positioned at the front line against potential impacts of global

1306

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

1307

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

1308

to make this state's communities more resilient and less

1309

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

1310

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

1311

the Legislature believes that a single government entity have a

1312

specific focus on energy and climate change is both desirable

1313

and advantageous. the ability to deal effectively with present

1314

shortages of resources used in the production of energy is

1315

aggravated and intensified because of inadequate or nonexistent

1316

information and that intelligent response to these problems and

1317

to the development of a state energy policy demands accurate and

1318

relevant information concerning energy supply, distribution, and

1319

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

1320

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

1321

is essential to the development and maintenance of an energy

1322

profile defining the characteristics and magnitudes of present

1323

and future energy demands and availability so that the state may

1324

rationally deal with present energy problems and anticipate

1325

future energy problems.

1326

(2) The Legislature further recognizes that every state

1327

official dealing with energy problems should have current and

1328

reliable information on the types and quantity of energy

1329

resources produced, imported, converted, distributed, exported,

1330

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

1331

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

1332

this act to provide the necessary mechanisms for the effective

1333

development of information necessary to rectify the present lack

1334

of information which is seriously handicapping the state's

1335

ability to deal effectively with the energy problem. To this

1336

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

1337

broadest possible interpretation consistent with the stated

1338

legislative desire to procure vital information.

1339

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

1340

(a) Recognize and address the potential impacts of global

1341

climate change wherever possible. Develop and promote the

1342

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

1343

energy waste.

1344

(b) Play a leading role in developing and instituting

1345

energy management programs aimed at promoting energy

1346

conservation, energy security, and the reduction of greenhouse

1347

gas emissions.

1348

1349

and local planning.

1350

(d) Utilize and manage effectively energy resources used

1351

within state agencies.

1352

(e) Encourage local governments to include energy

1353

considerations in all planning and to support their work in

1354

promoting energy management programs.

1355

(f) Include the full participation of citizens in the

1356

development and implementation of energy programs.

1357

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

1358

economic sector, including residential, industrial, commercial,

1359

agricultural, and governmental uses and reduce those needs

1360

whenever possible.

1361

(h) Promote energy education and the public dissemination

1362

of information on energy and its environmental, economic, and

1363

social impact.

1364

(i) Encourage the research, development, demonstration,

1365

and application of alternative energy resources, particularly

1366

renewable energy resources.

1367

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

1368

security, and environmental impacts of energy-related

1369

activities, including the whole life-cycle impacts of any

1370

potential energy use choices, so that detrimental effects of

1371

these activities are understood and minimized.

1372

(k) Develop and maintain energy emergency preparedness

1373

plans to minimize the effects of an energy shortage within

1374

Florida.

1375

Section 21. Section 377.804, Florida Statutes, is amended

1376

to read:

1377

377.804 Renewable Energy and Energy Efficient Technologies

1378

Grants Program.--

1379

(1) The Renewable Energy and Energy Efficient Technologies

1380

Grants Program is established within the department to provide

1381

renewable energy matching grants for demonstration,

1382

commercialization, research, and development projects relating

1383

to renewable energy technologies and innovative technologies

1384

that significantly increase energy efficiency for vehicles and

1385

commerical buildings.

1386

(2) Matching grants for renewable energy technology

1387

demonstration, commercialization, research, and development

1388

projects may be made to any of the following:

1389

(a) Municipalities and county governments.

1390

(b) Established for-profit companies licensed to do

1391

business in the state.

1392

1393

(d) Utilities located and operating within the state.

1394

(e) Not-for-profit organizations.

1395

(f) Other qualified persons, as determined by the

1396

department.

1397

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

1398

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

1399

provide for ranking of applications, and administer the awarding

1400

of grants under this program.

1401

(4) Factors the department shall consider in awarding

1402

grants include, but are not limited to:

1403

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

1404

contributions applied to the total project from an applicant.

1405

The department shall give greater preference to projects that

1406

provide such matching funds or other in-kind contributions.

1407

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

1408

capital investment and economic development in metropolitan and

1409

rural areas, including the creation of jobs and the future

1410

development of a commercial market for renewable energy

1411

technologies.

1412

1413

demonstrated to be technically feasible based on pilot project

1414

demonstrations, laboratory testing, scientific modeling, or

1415

engineering or chemical theory that supports the proposal.

1416

(d) The degree to which the project incorporates an

1417

innovative new technology or an innovative application of an

1418

existing technology.

1419

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

1420

mechanical, or electrical energy by means of a renewable energy

1421

resource that has substantial long-term production potential.

1422

(f) The degree to which a project demonstrates efficient

1423

use of energy and material resources.

1424

(g) The degree to which the project fosters overall

1425

understanding and appreciation of renewable energy technologies.

1426

(h) The ability to administer a complete project.

1427

(i) Project duration and timeline for expenditures.

1428

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

1429

conducted in relation to other projects.

1430

(k) The degree of public visibility and interaction.

1431

(5) The department shall solicit the expertise of other

1432

state agencies in evaluating project proposals. State agencies

1433

shall cooperate with the Department of Environmental Protection

1434

and provide such assistance as requested.

1435

(6) Each application must be accompanied by an affidavit

1436

from the applicant attesting to the veracity of the statements

1437

contained in the application.

1438

Section 22. Section 377.806, Florida Statutes, is amended

1439

to read:

1440

377.806 Solar Energy System Incentives Program.--

1441

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

1442

is established within the department to provide financial

1443

incentives for the purchase and installation of solar energy

1444

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

1445

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

1446

photovoltaic system, a solar energy system that provides at

1447

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

1448

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

1449

1, 2006, through June 30, 2010, is eligible for a rebate on a

1450

portion of the purchase price of that solar energy system.

1451

(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

1452

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

1453

qualifies for a rebate if:

1454

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

1455

electrician, electrical contractor, or solar contractor.

1456

2. The system complies with state interconnection

1457

standards as provided by the commission.

1458

3. The system complies with all applicable building codes

1459

as defined by the Florida Building Code local jurisdictional

1460

authority.

1461

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

1462

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

1463

maximum allowable rebate per solar photovoltaic system

1464

installation shall be as follows:

1465

1. Twenty thousand dollars for a residence.

1466

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

1467

publicly owned or operated facility, or a facility owned or

1468

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

1469

condominiums or apartment buildings.

1470

(3) SOLAR THERMAL SYSTEM INCENTIVE.--

1471

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

1472

qualifies for a rebate if:

1473

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

1474

plumbing contractor.

1475

2. The system complies with all applicable building codes

1476

as defined by the Florida Building Code local jurisdictional

1477

authority.

1478

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

1479

of solar thermal systems shall be as follows:

1480

1. Five hundred dollars for a residence.

1481

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

1482

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

1483

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

1484

organization, including condominiums or apartment buildings. Btu

1485

must be verified by approved metering equipment.

1486

(4) SOLAR THERMAL POOL HEATER INCENTIVE.--

1487

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

1488

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

1489

licensed solar or plumbing contractor and the system complies

1490

with all applicable building codes as defined by the Florida

1491

Building Code local jurisdictional authority.

1492

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

1493

solar thermal pool heaters shall be $100 per installation.

1494

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

1495

within 90 days after the purchase of the solar energy equipment.

1496

(6) REBATE AVAILABILITY.--The department shall determine

1497

and publish on a regular basis the amount of rebate funds

1498

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

1499

rebates issued by the department is subject to the total amount

1500

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

1501

are insufficient during the current fiscal year, any requests

1502

for rebates received during that fiscal year may be processed

1503

during the following fiscal year. Requests for rebates received

1504

in a fiscal year that are processed during the following fiscal

1505

year shall be given priority over requests for rebates received

1506

during the following fiscal year.

1507

(7) RULES.--The department shall adopt rules pursuant to

1508

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

1509

administer the issuance of rebates.

1510

Section 23. Section 403.44, Florida Statutes, is created

1511

to read:

1512

403.44 Florida Climate Protection Act.--

1513

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

1514

this state to document, to the greatest extent practicable,

1515

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

1516

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

1517

GHG emissions reductions.

1518

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

1519

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

1520

through allotments or auction which represents an authorization

1521

to emit specific amounts of greenhouse gases, as further defined

1522

in department rule.

1523

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

1524

administrative approach used to control pollution by providing a

1525

limit on total allowable emissions, providing for allowances to

1526

emit pollutants, and providing for the transfer of the

1527

allowances among pollutant sources as a means of compliance with

1528

emission limits.

1529

1530

nitrous oxide, and fluorinated gases such as hydrofluorocarbons,

1531

perfluorocarbons, and sulfur hexafluoride.

1532

(d) "Leakage" means the offset of emission abatement that

1533

is achieved in one location subject to emission control

1534

regulation by increased emissions in unregulated locations.

1535

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

1536

under this chapter.

1537

(3) A major emitter must use The Climate Registry for

1538

purposes of emission registration and reporting.

1539

(4) The Department of Environmental Protection shall

1540

establish the methodologies, reporting periods, and reporting

1541

systems that must be used when major emitters report to The

1542

Climate Registry. The department may require the use of quality-

1543

assured data from continuous emissions-monitoring systems.

1544

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

1545

regulatory program to reduce greenhouse gas emissions from major

1546

emitters. When developing the rules, the department shall

1547

consult with the Governor's Action Team on Energy and Climate

1548

Change, the Public Service Commission and the Florida Energy

1549

Commission. The rules shall not become effective until ratified

1550

by the Legislature.

1551

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

1552

shall include, but are not limited to:

1553

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

1554

emissions emitted by major emitters.

1555

(b) Methods, requirements, and conditions for allocating

1556

the cap among major emitters.

1557

1558

allowances and the process for issuing emissions allowances.

1559

(d) The relationship between allowances and the specific

1560

amounts of greenhouse gases they represent.

1561

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

1562

emitters, including a registry, tracking, or accounting system

1563

for such trades.

1564

(f) Cost containment mechanisms in order to reduce price

1565

and cost risks associated with the electric generation market in

1566

this state.

1567

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

1568

authority to discourage leakage of GHG emissions to neighboring

1569

states attributable to the implementation of this program.

1570

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

1571

allowances before full implementation of a trading system.

1572

(i) Other requirements necessary or desirable to implement

1573

this section.

1574

Section 24. Section 489.145, Florida Statutes, is amended

1575

to read:

1576

489.145 Guaranteed energy performance savings

1577

contracting.--

1578

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

1579

"Guaranteed Energy Performance Savings Contracting Act."

1580

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

1581

investment in energy conservation measures in agency facilities

1582

can reduce the amount of energy consumed and produce immediate

1583

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

1584

encourage agencies to invest in energy conservation measures

1585

that reduce energy consumption, produce a cost savings for the

1586

agency, and improve the quality of indoor air in public

1587

facilities and to operate, maintain, and, when economically

1588

feasible, build or renovate existing agency facilities in such a

1589

manner as to minimize energy consumption and maximize energy

1590

savings. It is further the policy of this state that agencies

1591

share in the monetary savings resulting from energy performance

1592

contracting and to encourage agencies to reinvest any energy

1593

savings resulting from energy conservation measures in

1594

additional energy conservation efforts.

1595

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

1596

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

1597

political subdivision.

1598

(b) "Energy conservation measure" means a training

1599

program, facility alteration, or equipment purchase to be used

1600

in new construction, including an addition to an existing

1601

facility, which reduces energy or energy-related operating costs

1602

and includes, but is not limited to:

1603

1. Insulation of the facility structure and systems within

1604

the facility.

1605

2. Storm windows and doors, caulking or weatherstripping,

1606

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

1607

reflective, glazed and coated window and door systems,

1608

additional glazing, reductions in glass area, and other window

1609

and door system modifications that reduce energy consumption.

1610

3. Automatic energy control systems.

1611

4. Heating, ventilating, or air-conditioning system

1612

modifications or replacements.

1613

5. Replacement or modifications of lighting fixtures to

1614

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

1615

a minimum, must conform to the applicable state or local

1616

building code.

1617

6. Energy recovery systems.

1618

7. Cogeneration systems that produce steam or forms of

1619

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

1620

within a facility or complex of facilities.

1621

8. Energy conservation measures that reduce British

1622

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

1623

consumed or provide long-term operating cost reductions or

1624

significantly reduce Btu consumed.

1625

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

1626

wind systems.

1627

10. Devices that reduce water consumption or sewer

1628

charges.

1629

11. Storage systems, such as fuel cells and thermal

1630

storage.

1631

12. Generating technologies, such as microturbines.

1632

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

1633

equipment.

1634

1635

the cost of fuel, energy consumption, and stipulated operation

1636

and maintenance created from the implementation of one or more

1637

energy conservation measures when compared with an established

1638

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

1639

stipulated operation and maintenance.

1640

(d) "Guaranteed energy performance savings contract" means

1641

a contract for the evaluation, recommendation, and

1642

implementation of energy conservation measures or energy-related

1643

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

1644

1. The design and installation of equipment to implement

1645

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

1646

maintenance of such measures.

1647

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

1648

exceed total annual contract payments made by the agency for the

1649

contract.

1650

3. The finance charges incurred by the agency over the

1651

life of the contract and may include allowable cost avoidance.

1652

As used in this section, allowable cost avoidance calculations

1653

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

1654

contained in a capital replacement plan less the current

1655

undepreciated value of replaced equipment and the replacement

1656

cost of the new equipment.

1657

(e) "Guaranteed energy performance savings contractor"

1658

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

1659

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

1660

analysis, design, implementation, or installation of energy

1661

conservation measures through energy performance contracts.

1662

(4) PROCEDURES.--

1663

(a) An agency may enter into a guaranteed energy

1664

performance savings contract with a guaranteed energy

1665

performance savings contractor to significantly reduce energy

1666

consumption or energy-related operating costs of an agency

1667

facility through one or more energy conservation measures.

1668

(b) Before design and installation of energy conservation

1669

measures, the agency must obtain from a guaranteed energy

1670

performance savings contractor a report that summarizes the

1671

costs associated with the energy conservation measures or

1672

energy-related operational cost saving measures and provides an

1673

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

1674

and the guaranteed energy performance savings contractor may

1675

enter into a separate agreement to pay for costs associated with

1676

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

1677

the contractor shall be contingent upon the report's projection

1678

of energy or operational cost savings being equal to or greater

1679

than the total projected costs of the design and installation of

1680

the report's energy conservation measures.

1681

1682

performance savings contract with a guaranteed energy

1683

performance savings contractor if the agency finds that the

1684

amount the agency would spend on the energy conservation or

1685

energy-related cost saving measures will not likely exceed the

1686

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

1687

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

1688

cost calculations provided in s. 255.255, if the recommendations

1689

in the report were followed and if the qualified provider or

1690

providers give a written guarantee that the energy or energy-

1691

related cost savings will meet or exceed the costs of the

1692

system. However, actual computed cost savings must meet or

1693

exceed the estimated cost savings provided in each agency's

1694

program approval. Baseline adjustments used in calculations must

1695

be specified in the contract. The contract may provide for

1696

installment payments for a period not to exceed 20 years.

1697

(d) A guaranteed energy performance savings contractor

1698

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

1699

fewer than three firms are qualified to perform the required

1700

services, the requirement for agency selection of three firms,

1701

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

1702

287.057 do not apply.

1703

(e) Before entering into a guaranteed energy performance

1704

savings contract, an agency must provide published notice of the

1705

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

1706

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

1707

purpose.

1708

(f) A guaranteed energy performance savings contract may

1709

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

1710

third party. The contract for third party financing may be

1711

separate from the energy performance contract. A separate

1712

contract for third party financing must include a provision that

1713

the third party financier under this paragraph must not be

1714

granted rights or privileges that exceed the rights and

1715

privileges available to the guaranteed energy performance

1716

savings contractor.

1717

(g) Financing for guaranteed energy performance savings

1718

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

1719

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

1720

proposals from state agencies to ensure that the most effective

1721

financing is being used.

1722

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

1723

to acquire the energy conservation measures, the agency may

1724

reduce such amount by the application of any grant moneys,

1725

rebates, or capital funding available to the agency for the

1726

purpose of buying down the cost of the guaranteed energy

1727

performance savings contract. However, in calculating the life

1728

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

1729

apply any grants, rebates, or capital funding.

1730

(5) CONTRACT PROVISIONS.--

1731

(a) A guaranteed energy performance savings contract must

1732

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

1733

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

1734

corporate guarantee by the guaranteed energy performance savings

1735

contractor that annual energy cost savings will meet or exceed

1736

the amortized cost of energy conservation measures.

1737

(b) The guaranteed energy performance savings contract

1738

must provide that all payments, except obligations on

1739

termination of the contract before its expiration, may be made

1740

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

1741

installation and acceptance by the agency, and that the annual

1742

savings are guaranteed to the extent necessary to make annual

1743

payments to satisfy the guaranteed energy performance savings

1744

contract.

1745

1746

must require that the guaranteed energy performance savings

1747

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

1748

public construction bond to the agency for its faithful

1749

performance, as required by s. 255.05.

1750

(d) The guaranteed energy performance savings contract may

1751

contain a provision allocating to the parties to the contract

1752

any annual energy cost savings that exceed the amount of the

1753

energy cost savings guaranteed in the contract.

1754

(e) The guaranteed energy performance savings contract

1755

shall require the guaranteed energy performance savings

1756

contractor to provide to the agency an annual reconciliation of

1757

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

1758

reconciliation reveals a shortfall in annual energy or energy-

1759

related cost savings, the guaranteed energy performance savings

1760

contractor is liable for such shortfall. If the reconciliation

1761

reveals an excess in annual energy cost savings, the excess

1762

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

1763

to cover potential energy cost savings shortages in subsequent

1764

contract years.

1765

(f) The guaranteed energy performance savings contract

1766

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

1767

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

1768

installation and acceptance by the agency using straight-line

1769

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

1770

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

1771

based on life cycle cost calculations.

1772

(g) The guaranteed energy performance savings contract may

1773

extend beyond the fiscal year in which it becomes effective;

1774

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

1775

fiscal year and may be automatically renewed annually for up to

1776

20 years, subject to the agency making sufficient annual

1777

appropriations based upon continued realized energy savings.

1778

(h) The guaranteed energy performance savings contract

1779

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

1780

obligation of the state.

1781

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

1782

Department of Management Services, with the assistance of the

1783

Office of the Chief Financial Officer, shall may, within

1784

available resources, provide technical assistance to state

1785

agencies contracting for energy conservation measures and engage

1786

in other activities considered appropriate by the department for

1787

promoting and facilitating guaranteed energy performance

1788

contracting by state agencies. The Office of the Chief Financial

1789

Officer, with the assistance of the Department of Management

1790

Services, shall may, within available resources, develop model

1791

contractual and related documents for use by state agencies.

1792

Prior to entering into a guaranteed energy performance savings

1793

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

1794

any combination of such contracts, a state agency shall submit

1795

such proposed contract or lease to the Office of the Chief

1796

Financial Officer for review and approval. A proposed contract

1797

or lease must include:

1798

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

1799

(b) Documentation supporting recurring funds requirements

1800

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

1801

1802

agency, or his or her designee; and

1803

(d) An agency measurement and verification plan to monitor

1804

costs savings.

1805

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

1806

financing of deferred payment commodity contracts under this

1807

section by an agency, any contract must be supported from

1808

available funds appropriated to the agency in an appropriation

1809

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

1810

Officer has determined is appropriate or which the Legislature

1811

has designated for payment of the obligation incurred under this

1812

section. The Office of the Chief Financial Officer may not

1813

approve any contract submitted under this section from a state

1814

agency which does not meet the requirements of this section.

1815

Section 25. Section 526.201, Florida Statutes, is created

1816

to read:

1817

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

1818

cited as the "Florida Renewable Fuel Standard Act."

1819

Section 26. Section 526.2011, Florida Statutes, is created

1820

to read:

1821

526.2011 Definitions.--As used in ss. 526.201-526.2012,

1822

the term:

1823

(1) "Blender" means any person who blends any product with

1824

gasoline or diesel fuel and who has been licensed or authorized

1825

as a blender.

1826

(2) "Credits" means allowances as determined by the

1827

department in rule.

1828

(3) "Department" means the Department of Agriculture and

1829

Consumer Services.

1830

(4) "Diesel fuel" means all petroleum distillates commonly

1831

known as diesel #2 or diesel #1 and additives used to meet or

1832

exceed the ASTM fuel specification for "Diesel Fuel Oils" and

1833

which are used in highway and nonroad vehicles and small

1834

portable engines.

1835

(5) "Gasoline" means all gasoline products and additives

1836

used to meet or exceed the ASTM fuel specification for

1837

"Automotive Spark-Ignition Engine Fuel" and which are used in

1838

highway and nonroad vehicles and small portable engines.

1839

(6) "Importer" means any person, firm, association,

1840

corporation, or company that brings gasoline blending stocks or

1841

components from another state or foreign nation into this state.

1842

(7) "Lifecycle greenhouse gas emissions" means the total

1843

emissions of greenhouse gas emissions associated with the

1844

production and distribution of fuels as defined by the

1845

department.

1846

(8) "Refiner" means any person who stores or exchanges

1847

motor fuel at a terminal facility in this state and who sells or

1848

transfers motor fuel through the loading rack at the terminal

1849

facility, and includes an affiliate of the refiner with respect

1850

to such affiliate's sale of motor fuel.

1851

(9) "Renewable fuel" means fuel that is produced from

1852

renewable sources, including, but not limited to, biomass, crop

1853

residue, vegetative waste, yard waste, biogas, animal fats, or

1854

as determined by the department.

1855

(10) "Transportation fuels" includes gasoline and diesel

1856

fuel.

1857

Section 27. Section 526.2012, Florida Statutes, is created

1858

to read:

1859

526.2012 Rules.--

1860

(1) The department shall adopt rules implementing a

1861

renewable fuel standard that requires that no less than 5

1862

percent of transportation fuels, excluding fuels identified by

1863

subsection (4), consumed in this state by year 2012, and no less

1864

than 10 percent by year 2015, shall be renewable fuels.

1865

(2) The department shall publish a notice of proposed

1866

rulemaking no later than January 1, 2009, to adopt rules that:

1867

(a) Require all renewable fuels introduced into commerce

1868

in this state as a result of the renewable fuel standard to

1869

reduce lifecycle greenhouse gas emissions by an average of 40

1870

percent less than this state's transportation fuels portfolio as

1871

of 2007. In meeting this requirement, biofuels having lifecycle

1872

greenhouse gas emissions less than 40 percent may be used meet

1873

the renewable fuel standard if biofuels having lifecycle

1874

greenhouse gas emissions greater than 40 percent are used such

1875

that there is a 40-percent average of lifecycle greenhouse gas

1876

emissions for all fuels refined, imported, or blended during a

1877

single year.

1878

(b) Provide for the creation, banking, transfer, and sale

1879

of credits among fuel refiners, blenders, and importers that:

1880

1. Produce renewable fuels in this state which reduce

1881

lifecycle greenhouse gas emissions by more than 40 percent,

1882

including blends of renewable fuels that exceed the 40-percent

1883

standard;

1884

2. Refine, blend, or import additional renewable fuels

1885

above the 40-percent standard; and

1886

3. Allow for the use of the credits by the generator or

1887

for the transfer of all or a portion of the credits to another

1888

refiner, blender, or importer for the purpose of complying with

1889

the 40-percent standard.

1890

(3) Any waiver or variance to this section must be filed,

1891

in accordance with s. 120.542, with the department no later than

1892

January 1, 2010, and January 1, 2013, respectively, for the

1893

renewable fuel standard.

1894

(4) Blended gasoline or diesel offered for sale, sold, or

1895

dispensed for use in airplanes, watercraft, or as fuel for off-

1896

highway motor sports racing events are exempt from the renewable

1897

fuel standard.

1898

(5) Any refiner, blender, or importer in this state who

1899

fails to meet the renewable fuel standard shall be penalized up

1900

to $5 per gallon for every gallon refined, blended, or imported

1901

less than the standard; however there shall be a 1-month grace

1902

period following each calendar year during which time the

1903

refiner, blender, or importer may remedy any shortage from the

1904

previous year. Gallons refined, blended, or imported during the

1905

grace period for purposes of attaining compliance with the

1906

previous year's standard may not be counted toward attainment of

1907

the standard in the current year.

1908

(6) Every 5 years after year 2012, the department shall

1909

review and revaluate the renewable fuel standard. In its review,

1910

the department shall account for a full life-cycle analysis of

1911

greenhouse gas emission reduction, as well as a comprehensive

1912

resource analysis that supports modifying the renewable fuel

1913

standard.

1914

Section 28. Section 553.9061, Florida Statutes, is created

1915

to read:

1916

553.9061 Scheduled increases in thermal efficiency

1917

standards.--

1918

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

1919

of increases in the energy performance of buildings subject to

1920

the Energy Efficiency Code for Building Construction. The

1921

Florida Building Commission shall implement the following goals

1922

through the triennial code adoption process:

1923

(a) Include the necessary provisions in the 2010 edition

1924

of the Energy Efficiency Code for Building Construction to

1925

increase the energy performance of new buildings by at least 20

1926

percent as compared to the 2007 energy code;

1927

(b) Increase the energy efficiency requirements of the

1928

2013 edition of the Energy Efficiency Code for Building

1929

Construction by at least 30 percent as compared to the 2007

1930

energy code;

1931

1932

2016 edition of the Energy Efficiency Code for Building

1933

Construction by at least 40 percent as compared to the 2007

1934

energy code; and

1935

(d) Increase the energy efficiency requirements of the

1936

2019 edition of the Energy Efficiency Code for Building

1937

Construction by at least 50 percent as compared to the 2007

1938

energy code.

1939

(2) The Florida Building Commission shall identify within

1940

code-support and compliance documentation the specific building

1941

options and elements available to meet the energy performance

1942

goals identified in this section.

1943

Section 29. Subsection (1) of section 553.957, Florida

1944

Statutes, is amended to read:

1945

553.957 Products covered by this part.--

1946

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

1947

certification, and enforcement of energy conservation standards

1948

for the following types of new commercial and residential

1949

products sold in the state:

1950

(a) Refrigerators, refrigerator-freezers, and freezers

1951

which can be operated by alternating current electricity,

1952

excluding:

1953

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

1954

2. Any type which does not include a compressor and

1955

condenser unit as an integral part of the cabinet assembly.

1956

(b) Lighting equipment.

1957

1958

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

1959

homes or businesses.

1960

(e) Electric motors used to pump water within swimming

1961

pools.

1962

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

1963

devices that use solar thermal radiation to heat water may be

1964

sold or installed in this state.

1965

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

1966

department classifies as a covered product as specified in this

1967

part.

1968

Section 30. The Public Service Commission shall analyze

1969

utility revenue decoupling and provide a report and

1970

recommendations to the Governor, the President of the Senate,

1971

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

1972

2009.

1973

Section 31. This act shall take effect July 1, 2008.

1974

1975

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

1976

And the title is amended as follows:

1977

Delete everything before the enacting clause

1978

and insert:

1979

A bill to be entitled

1980

An act relating to energy conservation; creating s.

1981

112.219, F.S.; defining terms for purposes of the state

1982

employee telecommuting program; requiring each state

1983

government entity to complete a telecommuting plan to

1984

include a listing of the job classifications and positions

1985

that the state government entity considers appropriate for

1986

telecommuting by a specified date; amending s. 186.007,

1987

F.S.; authorizing the Executive Office of the Governor to

1988

include in the state comprehensive plan goals, objectives,

1989

and policies related energy and global climate change;

1990

creating s. 193.804, F.S.; prohibiting the property

1991

appraiser from increasing the taxable value of the house

1992

when the taxpayer adds any solar energy device to his or

1993

her homestead; authorizing the property appraiser to refer

1994

the matter to the Department of Environmental Protection

1995

if the property appraiser questions whether a taxpayer is

1996

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

1997

exemption; amending s. 212.08, F.S.; providing that the

1998

sale or use of wind energy or wind turbines is exempt from

1999

sales or use taxes as equipment, machinery, and other

2000

materials used for renewable energy technologies;

2001

requiring the Department of Environmental Protection to

2002

adopt, by rule, an application form, including the

2003

required content and documentation to support the

2004

application, to claim the tax exemption; amending s.

2005

220.192, F.S.; defining terms related to a tax credit;

2006

providing that 75 percent of all capital, operation, and

2007

maintenance costs, and research and development costs

2008

incurred between specified dates, up to a specified limit,

2009

may be credited against taxes owed in connection with an

2010

investment in the production of wind energy; allowing for

2011

the transfer of the tax credit; amending s. 255.249, F.S.;

2012

requiring state agencies to provide annually telecommuting

2013

plans; amending s. 255.251, F.S.; creating the "Florida

2014

Energy Conservation and Sustainable Buildings Act";

2015

amending s. 255.252, F.S.; providing findings and

2016

legislative intent; providing that it is the policy of the

2017

state that buildings constructed and financed by the

2018

state, or existing buildings renovated by the state, be

2019

designed and constructed with a goal of meeting or

2020

exceeding the Platinum rating of the United States Green

2021

Building Council (USGBC) Leadership in Energy and

2022

Environmental Design (LEED) rating system; requiring each

2023

state agency to identify and compile a list of energy

2024

conservation projects which it determines are suitable for

2025

a guaranteed energy performance savings; amending s.

2026

255.253, F.S.; defining terms for energy conservation for

2027

buildings; amending s. 255.254, F.S,; prohibiting a state

2028

government entity from leasing or constructing a facility

2029

without having secured from the Department of Management

2030

Services a proper evaluation of life-cycle costs for the

2031

building; amending s. 255.255, F.S.; requiring the

2032

department to use sustainable building ratings for

2033

conducting a life-cycle cost analysis; amending s.

2034

255.257, F.S.; requiring each state government entity to

2035

adopt the standards of the United States Green Building

2036

Council's Leadership in Energy and Environmental Design

2037

for New Construction (LEED-NC) for all new buildings, with

2038

a goal of achieving the LEED-NC Platinum level rating for

2039

each construction project and to implement the United

2040

States Green Building Council's Leadership in Energy and

2041

Environmental Design for Existing Buildings (LEED-EB);

2042

creating s. 286.275, F.S.; encouraging each state

2043

government entity to consider certain specified

2044

conservation measures when conducting public business;

2045

amending s. 287.063, F.S.; prohibiting the payment term

2046

for equipment from exceeding the useful life of the

2047

equipment unless the contract provides for the replacement

2048

or the extension of the useful life of the equipment

2049

during the term of the deferred payment contract; amending

2050

s. 287.064, F.S.; authorizing an extension of the master

2051

equipment financing agreement for energy conservation

2052

equipment; requiring the guaranteed energy performance

2053

savings contractor to provide for the replacement or the

2054

extension of the useful life of the energy conservation

2055

equipment during the term of the contract; amending s.

2056

288.1089, F.S.; defining the term "alternative and

2057

renewable energy"; detailing the conditions for an

2058

alternative and renewable energy project to be eligible

2059

for an innovation incentive award; amending s. 339.175,

2060

F.S.; requiring each metropolitan planning organization to

2061

develop a long-range transportation plan and an annual

2062

project priority list that are, among other considerations

2063

to provide for sustainable growth and reduce greenhouse

2064

gas emissions; amending s. 366.82, F.S.; requiring the

2065

Public Service Commission to adopt rules requiring

2066

utilities to offset 20 percent of their annual load-growth

2067

through energy efficiency and conservation measures;

2068

requiring the Public Service Commission to create an in-

2069

state market for tradable credits enabling those utilities

2070

that exceed the conservation standard to sell credits to

2071

those that cannot meet the standard for a given year;

2072

requiring the Public Service Commission to require

2073

municipal and cooperative utilities that are exempt from

2074

the Energy Efficiency and Conservation Act to submit an

2075

annual report to the commission identifying energy

2076

efficiency and conservation goals and the actions taken to

2077

meet those goals; requiring the Public Service Commission

2078

to allow utilities to install solar hot water systems and

2079

other renewable energy efficient technologies in

2080

residential homes and commercial facilities while

2081

retaining ownership of the systems; amending 366.8255,

2082

F.S.; defining the term "environmental compliance costs"

2083

to include costs or expenses prudently incurred for

2084

scientific research and geological assessments of carbon

2085

capture and storage for the purpose of reducing an

2086

electric utility's greenhouse gas emissions; amending s.

2087

377.601, F.S.; providing legislative intent; amending s.

2088

377.804, F.S.; relating to Renewable Energy and Energy

2089

Efficient Technologies Grant Program; creating s. 403.44,

2090

F.S.; creating the Florida Climate Protection Act;

2091

defining terms; requiring the Department of Environmental

2092

Protection to establish the methodologies, reporting

2093

periods, and reporting systems that must be used when

2094

major emitters report to The Climate Registry; authorizing

2095

the department to adopt rules for a cap-and-trade

2096

regulatory program to reduce greenhouse gas emissions from

2097

major emitters; providing for the content of the rule;

2098

amending s. 489.175, F.S.; revising terms for the Energy

2099

Performance Savings Contracting Act; requiring that each

2100

proposed contract or lease contain certain agreements;

2101

creating s. 526.201; F.S.; creating the "Florida Renewable

2102

Fuel Standard Act"; creating s. 526.2011, F.S.; defining

2103

terms; creating s. 526.2012, F.S.; requiring the

2104

Department of Agriculture and Consumer Services to adopt

2105

rules by a specified date to require that all renewable

2106

fuels introduced into commerce in this state as a result

2107

of the renewable fuel standard reduce lifecycle greenhouse

2108

gas emissions by an average of 40 percent less than this

2109

state's transportation fuels portfolio as of 2008;

2110

providing for further content of the rule; providing that

2111

a refiner, blender, or importer who fails to meet the

2112

renewable fuel standard shall be penalized up to $5 per

2113

gallon for every gallon refined, blended, or imported less

2114

than the standard; requiring the department to reevaluate

2115

the renewable fuel standards every 5 years after the year

2116

2015; creating s. 553.9061, F.S; requiring the Florida

2117

Building Commission to establish a schedule of increases

2118

in the energy performance of buildings subject to the

2119

Energy Efficiency Code for Building Construction;

2120

requiring the Commission to implement the goals through a

2121

triennial code-adoption process; amending s. 553.957,

2122

F.S.; including certain home and commercial appliances in

2123

the requirements for testing and certification; requiring

2124

the Public Service Commission to analyze utility revenue

2125

decoupling and provide a report and recommendations to the

2126

Governor, the President of the Senate, and the Speaker of

2127

the House of Representatives by a specified date;

2128

providing an effective date.

3/11/2008 10:51:00 AM EP.EP.04642

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