Florida Senate - 2008 CS for SB 1544

By the Committee on Environmental Preservation and Conservation; and Senator Saunders

592-05450B-08 20081544c1

A bill to be entitled

An act relating to energy conservation; amending s.

74.051, F.S.; requiring a court to conduct a hearing and

issue a final judgment on a petition for a taking within

specified times after a utility's request for such

hearing; creating s. 112.219, F.S.; defining terms for

purposes of the state employee telecommuting program;

requiring each state employing entity to complete a

telecommuting plan by a specified date which includes a

listing of the job classifications and positions that the

state entity considers appropriate for telecommuting;

providing requirements for the telecommuting plan;

requiring each state employing entity to post the

telecommuting plan on its website; amending s. 163.04,

F.S.; revising provisions prohibiting restrictions on the

use of energy devices based on renewable resources;

amending s. 163.3177, F.S.; revising requirements for the

future land use element of a local comprehensive plan to

include energy-efficient land use patterns; requiring that

the traffic-circulation element of incorporate

transportation strategies to reduce greenhouse gas

emissions; requiring each unit of local government within

an urbanized area to amend the transportation element to

incorporate transportation strategies addressing reduction

in greenhouse gas emissions; amending s. 186.007, F.S.;

authorizing the Executive Office of the Governor to

include in the state comprehensive plan goals, objectives,

and policies related energy and global climate change;

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

appraiser from increasing the taxable value of homestead

property when the taxpayer adds any solar energy device to

the property; authorizing the property appraiser to refer

the matter to the Department of Environmental Protection

if the property appraiser questions whether a taxpayer is

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

exemption; requiring the Department of Environmental

Protection to adopt rules; amending s. 212.08, F.S.;

providing that the sale or use of wind energy or wind

turbines is exempt from sales or use taxes as equipment,

machinery, and other materials used for renewable energy

technologies; requiring the Department of Environmental

Protection to adopt, by rule, an application form,

including the required content and documentation to

support the application, for the taxpayer to use in

claiming the tax exemption; amending s. 220.192, F.S.;

defining terms related to a tax credit; providing that 75

percent of all capital, operation, and maintenance costs,

and research and development costs incurred between

specified dates, up to a specified limit, may be credited

against taxes owed in connection with an investment in the

production of wind energy; allowing the tax credit to be

transferred for a specified period; providing procedures

and requirements; requiring the Department of Revenue to

adopt rules; amending s. 220.193, F.S.; defining the term

"sale" or sold"; defining the term "taxpayer"; authorizing

the Department of Revenue to adopt rules and forms;

providing that the use of the renewable energy production

credit does not reduce the alternative minimum tax credit;

amending s. 253.02, F.S.; authorizing the Secretary of

Environmental Protection to grant easements across lands

owned by the Board of Trustees of the Internal Improvement

Trust Fund under certain conditions; amending s. 253.034,

F.S.; granting a utility the use of nonsovereignty state-

owned lands upon a showing of competent substantial

evidence that the use is reasonable; establishing criteria

relating to the title, distribution, and cost of such

lands; amending s. 255.249, F.S.; requiring state agencies

to annually provide telecommuting plans to the Department

of Management Services; amending s. 255.251, F.S.;

creating the "Florida Energy Conservation and Sustainable

Buildings Act"; amending s. 255.252, F.S.; providing

findings and legislative intent; providing that it is the

policy of the state that buildings constructed and

financed by the state, or existing buildings renovated by

the state, be designed and constructed with a goal of

meeting or exceeding the Platinum rating of the United

States Green Building Council (USGBC) Leadership in Energy

and Environmental Design (LEED) rating system, the Green

Building Initiative's Green Globes rating system, or the

Florida Green Building Coalition standards; requiring each

state agency to identify and compile a list of energy-

conservation projects that it determines are suitable for

a guaranteed energy performance savings contract; amending

s. 255.253, F.S.; defining terms relating to energy

conservation for buildings; amending s. 255.254, F.S.;

prohibiting a state government entity from leasing or

constructing a facility without having secured from the

Department of Management Services a proper evaluation of

life-cycle costs for the building; amending s. 255.255,

F.S.; requiring the department to use sustainable building

ratings for conducting a life-cycle cost analysis;

amending s. 255.257, F.S.; requiring each state government

entity to adopt the standards of the United States Green

Building Council's Leadership in Energy and Environmental

Design for New Construction (LEED-NC) for all new

buildings, with a goal of achieving the LEED-NC Platinum

level rating for each construction project and to

implement the United States Green Building Council's

Leadership in Energy and Environmental Design for Existing

100

Buildings (LEED-EB); creating s. 286.275, F.S.; requiring

101

the Department of Management Services to develop the

102

Florida Climate Friendly Preferred Products List;

103

requiring state government entities to consult the list

104

and purchase products from the list under certain

105

circumstances; requiring state government entities to

106

contract for meeting and conference space with facilities

107

having the "Green Lodging" designation; authorizing the

108

Department of Environmental Protection to adopt rules;

109

requiring the department to establish voluntary technical

110

assistance programs for various businesses; requiring

111

state government entities to maintain vehicles according

112

to minimum standards and follow certain procedures when

113

procuring new vehicles; requiring state government

114

entities to use ethanol and biodiesel-blended fuels when

115

available; defining the term "state government entity";

116

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

117

for equipment from exceeding the useful life of the

118

equipment unless the contract provides for the replacement

119

or the extension of the useful life of the equipment

120

during the term of the deferred payment contract; amending

121

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

122

equipment financing agreement for energy conservation

123

equipment; requiring the guaranteed energy, water, and

124

wastewater performance savings contractor to provide for

125

the replacement or the extension of the useful life of the

126

equipment during the term of the contract; amending s.

127

287.16, F.S.; requiring the Department of Management

128

Services to conduct an analysis of the Department of

129

Transportation's ethanol and biodiesel use and encourage

130

other state agencies to analyze transportation fuel usage

131

and report such information to the Department of

132

Management Services; amending s. 288.1089, F.S.; defining

133

the term "alternative and renewable energy"; detailing the

134

conditions for an alternative and renewable energy project

135

to be eligible for an innovation incentive award; amending

136

s. 337.401, F.S.; requiring the Department of

137

Environmental Protection to adopt rules relating to the

138

placement of and access to aerial and underground electric

139

transmission lines having certain specifications; defining

140

the term "base-load generating facilities"; amending s.

141

339.175, F.S.; requiring each metropolitan planning

142

organization to develop a long-range transportation plan

143

and an annual project priority list that, among other

144

considerations, provide for sustainable growth and reduce

145

greenhouse gas emissions; amending s. 366.82, F.S.;

146

requiring the Public Service Commission to adopt rules

147

requiring utilities to offset 20 percent of their annual

148

load-growth through energy efficiency and conservation

149

measures; requiring the commission to create an in-state

150

market for tradable credits enabling those utilities that

151

exceed the conservation standard to sell credits to those

152

that cannot meet the standard for a given year; requiring

153

that the commission conduct a periodic review; requiring

154

the commission to require municipal and cooperative

155

utilities that are exempt from the Energy Efficiency and

156

Conservation Act to submit an annual report identifying

157

energy efficiency and conservation goals and the actions

158

taken to meet those goals; requiring the commission to use

159

certain methodologies in the evaluation of demand-side

160

management programs; requiring the commission to establish

161

a renewable energy portfolio standard for utilities;

162

requiring certain utilities to submit an annual report

163

identifying the percentage of their electrical power

164

generated or purchased from renewable resources;

165

authorizing the commission to adopt rules; amending s.

166

366.8255, F.S.; redefining the term "environmental

167

compliance costs" to include costs or expenses prudently

168

incurred for scientific research and geological

169

assessments of carbon capture and storage for the purpose

170

of reducing an electric utility's greenhouse gas

171

emissions; amending s. 366.93, F.S.; revising the

172

definitions of "cost" and "preconstruction"; requiring the

173

Public Service Commission to establish rules relating to

174

cost recovery for the construction of new, expanded, or

175

relocated electrical transmission lines and facilities for

176

a nuclear power plant; amending s. 377.601, F.S.; revising

177

legislative intent with respect to the need to implement

178

alternative energy technologies; amending s. 377.703,

179

F.S.; conforming cross-references; amending s. 377.804,

180

F.S., relating to the Renewable Energy and Energy-

181

Efficient Technologies Grant Program; providing for the

182

program to include matching grants for technologies that

183

increase the energy efficiency of vehicles and commercial

184

buildings; providing application requirements; amending s.

185

377.806, F.S., relating to the Solar Energy System

186

Incentives Program; requiring compliance with the Florida

187

Building Code rather than local codes in order to be

188

eligible for a rebate under the program; amending s.

189

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

190

transferring the commission from the Office of Legislative

191

Services to the Executive Office of the Governor; changing

192

appointment criteria for the members of the commission;

193

providing additional duties; deleting outdated provisions;

194

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

195

energy systems; providing definitions; allowing a public

196

utility to recover certain costs; amending ss. 380.23 and

197

403.031, F.S.; conforming cross-references; creating s.

198

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

199

defining terms; requiring the Department of Environmental

200

Protection to establish the methodologies, reporting

201

periods, and reporting systems that must be used when

202

major emitters report to The Climate Registry; authorizing

203

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

204

regulatory program to reduce greenhouse gas emissions from

205

major emitters; providing for the content of the rule;

206

amending s. 403.503, F.S.; defining the term "alternate

207

corridor" and redefining the term "corridor" for purposes

208

of the Florida Electrical Power Plant Siting Act; amending

209

s. 403.504, F.S.; requiring the Department of

210

Environmental Protection to determine whether a proposed

211

alternate corridor is acceptable; amending s. 403.506,

212

F.S.; revising the thresholds and applicability standards

213

of the Florida Electrical Power Plant Siting Act; deleting

214

a provision that exempts from the act a steam generating

215

plant; exempting from the act the associated facilities of

216

an electrical power plant; exempting an electric utility

217

from obtaining certification under the Florida Electrical

218

Power Plant Siting Act before constructing facilities for

219

a power plant using nuclear materials as fuel; providing

220

that a utility may obtain separate licenses, permits, and

221

approvals for such construction under certain

222

circumstances; exempting such provisions from review under

223

ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an

224

applicant to submit a statement to the department if such

225

applicant opts for consideration of alternate corridors;

226

amending s. 403.50665, F.S.; requiring an application to

227

include a statement on the consistency of directly

228

associated facilities constituting a "development";

229

requiring the Department of Environmental Protection to

230

address at the certification hearing the issue of

231

compliance with land use plans and zoning ordinances for a

232

proposed substation located in or along an alternate

233

corridor; amending s. 403.509, F.S.; requiring the

234

Governor and Cabinet sitting as the siting board to

235

certify the corridor having the least adverse impact;

236

authorizing the board to deny certification or allow a

237

party to amend its proposal; amending s. 403.5115, F.S.;

238

requiring the applicant proposing the alternate corridor

239

to publish all notices relating to the application;

240

requiring that such notices comply with certain

241

requirements; requiring that notices be published at least

242

45 days before the rescheduled certification hearing;

243

amending s. 403.5175, F.S.; conforming a cross-reference;

244

amending s. 403.518, F.S.; authorizing the Department of

245

Environmental Protection to charge an application fee for

246

an alternate corridor; amending ss. 403.519, F.S.,

247

relating to determinations of need; conforming provisions

248

to changes made by the act; creating s. 403.7055, F.S.;

249

encouraging counties in the state to form regional

250

solutions to the capture and reuse or sale of methane gas

251

from landfills and wastewater treatment facilities;

252

requiring the Department of Environmental Protection to

253

provide guidelines and assistance; amending s. 403.814,

254

F.S., relating to general permits; conforming provisions;

255

amending s. 489.145, F.S.; revising provisions of the

256

Guaranteed Energy Performance Savings Contracting Act;

257

renaming the act as the "Guaranteed Energy, Water, and

258

Wastewater Performance Savings Contracting Act"; requiring

259

that each proposed contract or lease contain certain

260

agreements concerning operational cost-saving measures;

261

redefining terms; defining the term "investment grade

262

energy audit"; requiring that certain baseline

263

information, supporting information, and documentation be

264

included in contracts; requiring the office of the Chief

265

Financial Officer to review contract proposals; providing

266

audit requirements; requiring contract approval by the

267

Legislature or Chief Financial Officer; creating s.

268

526.203, F.S.; providing definitions; requiring that on or

269

after a specified date all gasoline sold in the state

270

contain a specified percent of agriculturally derived

271

denatured ethanol; providing for exemptions; creating s.

272

526.204, F.S.; providing for the requirements to be

273

suspended during a declared emergency; providing an

274

exemption if a supplier or other distributor is unable to

275

obtain the required fuel at the same or lower price than

276

the price of unblended gasoline; requiring that

277

documentation be provided to the Department of Revenue;

278

creating s. 526.205, F.S.; providing for enforcement of

279

the requirement for gasoline content; providing penalties;

280

providing for the Department of Revenue to grant an

281

extension of time to comply with the requirement; creating

282

s. 526.206, F.S.; authorizing the Department of Revenue

283

and the Department of Agriculture and Consumer Services to

284

adopt rules; requiring the Florida Energy Commission to

285

conduct a study of the lifecycle greenhouse gas emissions

286

associated with all renewable fuels; requiring a report to

287

the Legislature by a specified date; amending s. 553.77,

288

F.S.; authorizing the Florida Building Commission to

289

implement recommendations relating to energy efficiency in

290

residential and commercial buildings; creating s. 553.886,

291

F.S.; requiring that the Florida Building Code facilitate

292

and promote the use of certain renewable energy

293

technologies in buildings; creating s. 553.9061, F.S.;

294

requiring the Florida Building Commission to establish a

295

schedule of increases in the energy performance of

296

buildings subject to the Energy Efficiency Code for

297

Building Construction; providing a process for

298

implementing goals to increase energy-efficiency

299

performance in new buildings; providing a schedule for the

300

implementation of such goals; identifying energy-

301

efficiency performance options and elements available to

302

meet energy-efficiency performance requirements; providing

303

a schedule for the review and adoption of renewable

304

energy-efficiency goals by the commission; requiring the

305

commission to conduct a study to evaluate the energy-

306

efficiency rating of new buildings and appliances;

307

requiring the commission to submit a report to the

308

President of the Senate and the Speaker of the House of

309

Representatives on or before a specified date; requiring

310

the commission to conduct a study to evaluate

311

opportunities to restructure the Florida Energy Code for

312

Building Construction, including the integration of the

313

Thermal Efficiency Code, the Energy Conservation Standards

314

Act, and the Florida Building Energy-Efficiency Rating

315

Act; requiring the commission to submit a report to the

316

President of the Senate and the Speaker of the House of

317

Representatives on or before a specified date; directing

318

the Department of Community Affairs, in conjunction with

319

the Florida Energy Affordability Council, to identify and

320

review issues relating to the Low-Income Home Energy

321

Assistance Program and the Weatherization Assistance

322

Program; requiring the submission of a report to the

323

President of the Senate and the Speaker of the House of

324

Representatives on or before a specified date; providing

325

for the expiration of certain study requirements; amending

326

s. 553.957, F.S.; including certain home and commercial

327

appliances in the requirements for testing and

328

certification for meeting certain energy-conservation

329

standards; amending s. 553.975, F.S.; conforming a cross-

330

reference; requiring the Public Service Commission to

331

analyze utility revenue decoupling and provide a report

332

and recommendations to the Governor, the President of the

333

Senate, and the Speaker of the House of Representatives by

334

a specified date; amending s. 718.113, F.S.; authorizing

335

the board of a condominium or a multicondominium to

336

install solar collectors, clotheslines, or other energy-

337

efficient devices on association property; creating s.

338

1004.648, F.S.; establishing the Florida Energy Systems

339

Consortium, consisting of specified state universities;

340

providing membership and duties of the consortium;

341

providing for an oversight board and steering committee;

342

providing reporting requirements for the consortium by a

343

date certain; authorizing the Department of Environmental

344

Protection to require certain agreements to contain a

345

stipulation requiring the return to the state of a portion

346

of the profit resulting from commercialization of an

347

energy-related product or process; requiring the

348

department to conduct a study relating to the state

349

earning a monetary return on energy-related products or

350

processes through the use of negotiated or licensing

351

agreements; requiring the department to submit the study

352

to the Governor and the Legislature; requiring the

353

Department of Environmental Protection, in conjunction

354

with the Department of Agriculture and Consumer Services,

355

to conduct an economic impact analysis on the effect of

356

granting financial incentives to energy producers who use

357

woody biomass; requiring the department to submit the

358

results to the Legislature; establishing a statewide solid

359

waste reduction goal by a certain date; requiring the

360

Department of Environmental Protection to develop a

361

recycling program designed to meet that goal; requiring

362

the Department of Environmental Protection to prepare a

363

report relating to the costs and benefits of implementing

364

a cap-and-trade system to trade emission credits;

365

requiring the department to present the report to the

366

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

367

the House of Representatives; describing certain specified

368

issues to be included in the report; providing effective

369

dates.

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Be It Enacted by the Legislature of the State of Florida:

372

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Section 1. Present subsection (3) of section 74.051,

374

Florida Statutes, is renumbered as subsection (4), and a new

375

subsection (3) is added to that section, to read:

376

74.051 Hearing on order of taking.--

377

(3) If a defendant requests a hearing and the petitioner is

378

an electric utility that is seeking to appropriate property

379

necessary for an electric generation plant, an associated

380

facility of such plant, an electric substation, or a power line,

381

the court shall conduct the hearing no more than 120 days after

382

the petition is filed. The court shall issue its final judgment

383

no more than 30 days after the hearing.

384

Section 2. Section 112.219, Florida Statutes, is created to

385

read:

386

112.219 Public employee telecommuting programs.--

387

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

388

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

389

government administrative unit listed in chapter 20 or the State

390

Constitution, including water management districts, the Senate,

391

the House of Representatives, the state courts system, the State

392

University System, the Community College System, or any other

393

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

394

department, or official of state government.

395

(b) "Telecommuting" means a work arrangement whereby

396

selected public employees are allowed to perform the normal

397

duties and responsibilities of their positions through the use of

398

computers or telecommunications while at home or another place

399

apart from the employees' usual place of work.

400

401

who is selected for the telecommuting program, based on the

402

requirements of his or her employment position and his or her

403

ability to perform assigned work at an offsite location, and who

404

meets the following criteria:

405

1. The employee has demonstrated an ability to complete his

406

or her assigned work with minimal supervision;

407

2. The job classification, workload characteristics, or

408

position of the employee has been identified by the public

409

employing entity as appropriate for telecommuting; and

410

3. The employee is not under a performance-improvement plan

411

or disciplinary action that indicates a need for close

412

supervision of his or her assigned work.

413

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

414

qualified telecommuting employee indicating the days each week,

415

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

416

those days or weeks that the employee will be at the onsite work

417

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

418

employee's work location for any given day is readily

419

ascertainable. Occasional variations from the schedule are

420

acceptable based on the needs of the entity and the ability of

421

the employee to accomplish assigned state business.

422

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

423

qualified telecommuting employee during the hours his or her

424

telecommuting schedule indicates he or she is telecommuting.

425

(f) "Onsite work location" means the office or location

426

that a public employing entity normally provides for its

427

qualified telecommuting employee.

428

(2) Each public employing entity shall:

429

(a) Establish and coordinate the public employee

430

telecommuting program and administer this section for its own

431

employees.

432

(b) Appoint an organization-wide telecommuting coordinator

433

to promote telecommuting and provide technical assistance within

434

the entity.

435

436

telecommuting program and their job classifications through its

437

respective personnel or payroll information management system.

438

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

439

shall complete a telecommuting plan that includes a current

440

listing of the job classifications and positions that the entity

441

considers appropriate for telecommuting. The proposed

442

telecommuting plan must give equal consideration to civil service

443

and exempt positions in the selection of employees to participate

444

in the telecommuting program. The telecommuting plan must also:

445

(a) Provide measurable financial benefits associated with

446

reduced requirements for office space, reductions in energy

447

consumption, and reductions in associated emissions of greenhouse

448

gases resulting from telecommuting. Employing public entities

449

operating in office space that is owned or managed by the

450

Department of Management Services shall consult the facilities

451

program in order to ensure its consistency with the strategic

452

leasing plan required under s. 255.249(3)(b).

453

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

454

telecommuting program will not adversely affect his or her

455

eligibility for advancement or any other employment rights or

456

benefits.

457

458

telecommuting program is voluntary, and that the employee may

459

elect to cease to participate in the telecommuting program at any

460

time.

461

(d) Allow for the termination of an employee's

462

participation in the program if the employee's continued

463

participation would not be in the best interests of the public

464

employing entity.

465

(e) Provide that an employee may not participate in the

466

program if the employee is under a performance-improvement plan.

467

(f) Ensure that employees participating in the program are

468

subject to the same rules regarding attendance, leave,

469

performance reviews, and separation action as are other

470

employees.

471

(g) Establish the reasonable conditions that the public

472

employing entity will impose in order to ensure the appropriate

473

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

474

a qualified telecommuting employee's telecommuting site,

475

including the installation and maintenance of any telephone

476

equipment and ongoing communications services at the

477

telecommuting site which must be used only for official purposes.

478

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

479

equipment used in telecommuting, including any liability for

480

personal equipment and costs for personal utility expenses

481

associated with telecommuting.

482

(i) Describe the security controls that the entity

483

considers appropriate for use at the telecommuting site.

484

(j) Provide that qualified telecommuting employees are

485

covered by workers' compensation under chapter 440 when

486

performing official duties at an alternate worksite, such as the

487

home.

488

(k) Prohibit employees engaged in a telecommuting program

489

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

490

site.

491

(l) Require a written agreement specifying the terms and

492

conditions of telecommuting, including verification by the

493

employee that the telecommuting site provides work space that is

494

free of safety and fire hazards, together with an agreement that

495

holds the state harmless against all claims, excluding workers'

496

compensation claims, resulting from an employee working in the

497

telecommuting site. The agreement must be signed and agreed to by

498

the qualified telecommuting employee and the supervisor.

499

(4) The telecommuting plan for each public employing

500

entity, and pertinent supporting documents, shall be posted on

501

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

502

Section 3. Subsection (2) of section 163.04, Florida

503

Statutes, is amended to read:

504

163.04 Energy devices based on renewable resources.--

505

(2) A deed restriction, covenant, declaration, or similar

506

binding agreement may not No deed restrictions, covenants, or

507

similar binding agreements running with the land shall prohibit

508

or have the effect of prohibiting solar collectors, clotheslines,

509

or other energy devices based on renewable resources from being

510

installed on buildings erected on the lots or parcels covered by

511

the deed restriction, covenant, declaration, or binding agreement

512

restrictions, covenants, or binding agreements. A property owner

513

may not be denied permission to install solar collectors or other

514

energy devices based on renewable resources by any entity granted

515

the power or right in any deed restriction, covenant,

516

declaration, or similar binding agreement to approve, forbid,

517

control, or direct alteration of property with respect to

518

residential dwellings including condominiums. not exceeding three

519

stories in height. For purposes of this subsection, Such entity

520

may determine the specific location where solar collectors may be

521

installed on the roof within an orientation to the south or

522

within 45° east or west of due south if provided that such

523

determination does not impair the effective operation of the

524

solar collectors.

525

Section 4. Paragraphs (a), (b), and (j) of subsection (6)

526

of section 163.3177, Florida Statutes, are amended to read:

527

163.3177 Required and optional elements of comprehensive

528

plan; studies and surveys.--

529

(6) In addition to the requirements of subsections (1)-(5)

530

and (12), the comprehensive plan shall include the following

531

elements:

532

(a) A future land use plan element designating proposed

533

future general distribution, location, and extent of the uses of

534

land for residential uses, commercial uses, industry,

535

agriculture, recreation, conservation, education, public

536

buildings and grounds, other public facilities, and other

537

categories of the public and private uses of land. Counties are

538

encouraged to designate rural land stewardship areas, pursuant to

539

the provisions of paragraph (11)(d), as overlays on the future

540

land use map. Each future land use category must be defined in

541

terms of uses included, and must include standards for to be

542

followed in the control and distribution of population densities

543

and building and structure intensities. The proposed

544

distribution, location, and extent of the various categories of

545

land use shall be shown on a land use map or map series which

546

shall be supplemented by goals, policies, and measurable

547

objectives. The future land use plan shall be based upon surveys,

548

studies, and data regarding the area, including the amount of

549

land required to accommodate anticipated growth; the projected

550

population of the area; the character of undeveloped land; the

551

availability of water supplies, public facilities, and services;

552

the need for redevelopment, including the renewal of blighted

553

areas and the elimination of nonconforming uses which are

554

inconsistent with the character of the community; the

555

compatibility of uses on lands adjacent to or closely proximate

556

to military installations; the discouragement of urban sprawl;

557

energy-efficient land use patterns; and, in rural communities,

558

the need for job creation, capital investment, and economic

559

development that will strengthen and diversify the community's

560

economy. The future land use plan may designate areas for future

561

planned development use involving combinations of types of uses

562

for which special regulations may be necessary to ensure

563

development in accord with the principles and standards of the

564

comprehensive plan and this act. The future land use plan element

565

shall include criteria to be used to achieve the compatibility of

566

adjacent or closely proximate lands with military installations.

567

In addition, for rural communities, the amount of land designated

568

for future planned industrial use shall be based upon surveys and

569

studies that reflect the need for job creation, capital

570

investment, and the necessity to strengthen and diversify the

571

local economies, and may shall not be limited solely by the

572

projected population of the rural community. The future land use

573

plan of a county may also designate areas for possible future

574

municipal incorporation. The land use maps or map series shall

575

generally identify and depict historic district boundaries and

576

shall designate historically significant properties meriting

577

protection. For coastal counties, the future land use element

578

must include, without limitation, regulatory incentives and

579

criteria that encourage the preservation of recreational and

580

commercial working waterfronts as defined in s. 342.07. The

581

future land use element must clearly identify the land use

582

categories in which public schools are an allowable use. When

583

delineating the land use categories in which public schools are

584

an allowable use, a local government shall include in the

585

categories sufficient land proximate to residential development

586

to meet the projected needs for schools in coordination with

587

public school boards and may establish differing criteria for

588

schools of different type or size. Each local government shall

589

include lands contiguous to existing school sites, to the maximum

590

extent possible, within the land use categories in which public

591

schools are an allowable use. The failure by a local government

592

to comply with these school siting requirements will result in

593

the prohibition of the local government's ability to amend the

594

local comprehensive plan, except for plan amendments described in

595

s. 163.3187(1)(b), until the school siting requirements are met.

596

Amendments proposed by a local government for purposes of

597

identifying the land use categories in which public schools are

598

an allowable use are exempt from the limitation on the frequency

599

of plan amendments provided contained in s. 163.3187. The future

600

land use element shall include criteria that encourage the

601

location of schools proximate to urban residential areas to the

602

extent possible and shall require that the local government seek

603

to collocate public facilities, such as parks, libraries, and

604

community centers, with schools to the extent possible and to

605

encourage the use of elementary schools as focal points for

606

neighborhoods. For schools serving predominantly rural counties,

607

defined as a county with a population of 100,000 or fewer, an

608

agricultural land use category is shall be eligible for the

609

location of public school facilities if the local comprehensive

610

plan contains school siting criteria and the location is

611

consistent with such criteria. Local governments required to

612

update or amend their comprehensive plan to include criteria and

613

address compatibility of adjacent or closely proximate lands with

614

existing military installations in their future land use plan

615

element shall transmit the update or amendment to the department

616

by June 30, 2006.

617

(b) A traffic circulation element consisting of the types,

618

locations, and extent of existing and proposed major

619

thoroughfares and transportation routes, including bicycle and

620

pedestrian ways. Transportation corridors, as defined in s.

621

334.03, may be designated in the traffic circulation element

622

pursuant to s. 337.273. If the transportation corridors are

623

designated, the local government may adopt a transportation

624

corridor management ordinance. The traffic circulation element

625

shall incorporate transportation strategies to address reduction

626

in greenhouse gas emissions from the transportation sector.

627

(j) For each unit of local government within an urbanized

628

area designated for purposes of s. 339.175, a transportation

629

element, which shall be prepared and adopted in lieu of the

630

requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

631

and (d) and which shall address the following issues:

632

1. Traffic circulation, including major thoroughfares and

633

other routes, including bicycle and pedestrian ways.

634

2. All alternative modes of travel, such as public

635

transportation, pedestrian, and bicycle travel.

636

3. Parking facilities.

637

4. Aviation, rail, seaport facilities, access to those

638

facilities, and intermodal terminals.

639

5. The availability of facilities and services to serve

640

existing land uses and the compatibility between future land use

641

and transportation elements.

642

6. The capability to evacuate the coastal population before

643

prior to an impending natural disaster.

644

7. Airports, projected airport and aviation development,

645

and land use compatibility around airports.

646

8. An identification of land use densities, building

647

intensities, and transportation management programs to promote

648

public transportation systems in designated public transportation

649

corridors so as to encourage population densities sufficient to

650

support such systems.

651

9. May include transportation corridors, as defined in s.

652

334.03, intended for future transportation facilities designated

653

pursuant to s. 337.273. If transportation corridors are

654

designated, the local government may adopt a transportation

655

corridor management ordinance.

656

10. The incorporation of transportation strategies to

657

address reduction in greenhouse gas emissions from the

658

transportation sector.

659

Section 5. Subsection (3) of section 186.007, Florida

660

Statutes, is amended to read:

661

186.007 State comprehensive plan; preparation; revision.--

662

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

663

of the Governor may include goals, objectives, and policies

664

related to the following program areas: economic opportunities;

665

agriculture; employment; public safety; education; energy; global

666

climate change; health concerns; social welfare concerns; housing

667

and community development; natural resources and environmental

668

management; recreational and cultural opportunities; historic

669

preservation; transportation; and governmental direction and

670

support services.

671

Section 6. Section 193.804, Florida Statutes, is created to

672

read:

673

193.804 Assessment of solar energy devices.--

674

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

675

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

676

added to the assessed value of the property for purposes of

677

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

678

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

679

filed as provided by law giving a brief description of the

680

device. The property appraiser may require the taxpayer to

681

produce such additional evidence as may be necessary to prove the

682

taxpayer's right to have the property subject to a solar energy

683

device assessment.

684

(2) If a property appraiser questions whether a taxpayer is

685

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

686

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

687

the Department of Environmental Protection for a recommendation.

688

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

689

notify the taxpayer of such action. The Department of

690

Environmental Protection shall immediately consider whether the

691

taxpayer is entitled to the solar energy device assessment and

692

certify its recommendation to the property appraiser.

693

(3) The Department of Environmental Protection shall adopt

694

rules to administer the solar energy device assessment provisions

695

of this section.

696

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

697

212.08, Florida Statutes, is amended to read:

698

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

699

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

700

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

701

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

702

hereby specifically exempt from the tax imposed by this chapter.

703

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

704

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

705

otherwise taxable under this chapter when payment is made by a

706

representative or employee of the entity by any means, including,

707

but not limited to, cash, check, or credit card, even when that

708

representative or employee is subsequently reimbursed by the

709

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

710

subsection do not inure to any transaction that is otherwise

711

taxable under this chapter unless the entity has obtained a sales

712

tax exemption certificate from the department or the entity

713

obtains or provides other documentation as required by the

714

department. Eligible purchases or leases made with such a

715

certificate must be in strict compliance with this subsection and

716

departmental rules, and any person who makes an exempt purchase

717

with a certificate that is not in strict compliance with this

718

subsection and the rules is liable for and shall pay the tax. The

719

department may adopt rules to administer this subsection.

720

(ccc) Equipment, machinery, and other materials for

721

renewable energy technologies.--

722

1. As used in this paragraph, the term:

723

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

724

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

725

source of energy and meeting the specifications for biodiesel and

726

biodiesel blends with petroleum products as adopted by the

727

Department of Agriculture and Consumer Services. Biodiesel may

728

refer to biodiesel blends designated BXX, where XX represents the

729

volume percentage of biodiesel fuel in the blend.

730

b. "Ethanol" means an nominally anhydrous denatured alcohol

731

produced by the conversion of carbohydrates fermentation of plant

732

sugars meeting the specifications for fuel ethanol and fuel

733

ethanol blends with petroleum products as adopted by the

734

Department of Agriculture and Consumer Services. Ethanol may

735

refer to fuel ethanol blends designated EXX, where XX represents

736

the volume percentage of fuel ethanol in the blend.

737

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

738

a hydrogen-rich fuel in an electrochemical process to generate

739

energy, electricity, or the transfer of heat.

740

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

741

equipment that uses wind to produce at least 10kW of electrical

742

energy.

743

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

744

from the tax imposed by this chapter:

745

a. Hydrogen-powered vehicles, materials incorporated into

746

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

747

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

748

taxpayers.

749

b. Commercial stationary hydrogen fuel cells, up to a limit

750

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

751

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

752

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

753

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

754

each state fiscal year for all taxpayers. Gasoline fueling

755

station pump retrofits for ethanol (E10-E100) distribution

756

qualify for the exemption provided in this sub-subparagraph.

757

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

758

state fiscal year for all taxpayers.

759

3. The Department of Environmental Protection shall provide

760

to the department a list of items eligible for the exemption

761

provided in this paragraph.

762

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

763

available to a purchaser only through a refund of previously paid

764

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

765

manufacturer is subject to refund. A purchaser who has received a

766

refund on an eligible item must notify any subsequent purchaser

767

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

768

tax paid. This notification must be provided to the subsequent

769

purchaser on the sales invoice or other proof of purchase.

770

b. To be eligible to receive the exemption provided in this

771

paragraph, a purchaser shall file an application with the

772

Department of Environmental Protection. The application shall be

773

developed by the Department of Environmental Protection, in

774

consultation with the department, and shall require:

775

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

776

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

777

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

778

other permanent identification number.

779

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

780

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

781

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

782

purchased.

783

(IV) A sworn statement that the information provided is

784

accurate and that the requirements of this paragraph have been

785

met.

786

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

787

Department of Environmental Protection shall review the

788

application and shall notify the applicant of any deficiencies.

789

Upon receipt of a completed application, the Department of

790

Environmental Protection shall evaluate the application for

791

exemption and issue a written certification that the applicant is

792

eligible for a refund or issue a written denial of such

793

certification within 60 days after receipt of the application.

794

The Department of Environmental Protection shall provide the

795

department with a copy of each certification issued upon approval

796

of an application.

797

d. Each certified applicant shall be responsible for

798

forwarding a certified copy of the application and copies of all

799

required documentation to the department within 6 months after

800

certification by the Department of Environmental Protection.

801

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

802

application made pursuant to this paragraph. A refund approved

803

pursuant to this paragraph shall be made within 30 days after

804

formal approval by the department.

805

f. The Department of Environmental Protection may adopt by

806

rule the form for the application for a certificate, requirements

807

for the content and format of information submitted to the

808

Department of Environmental Protection in support of the

809

application, other procedural requirements, and criteria by which

810

the application will be determined. The department may adopt all

811

other rules pursuant to ss. 120.536(1) and 120.54 to administer

812

this paragraph, including rules establishing additional forms and

813

procedures for claiming this exemption.

814

g. The Department of Environmental Protection shall be

815

responsible for ensuring that the total amounts of the exemptions

816

authorized do not exceed the limits as specified in subparagraph

817

818

5. The Department of Environmental Protection shall

819

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

820

funds remaining in each fiscal year.

821

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

822

relates to wind turbines. The provisions of this paragraph

823

relating to wind turbines expire July 1, 2012.

824

Section 8. Subsections (1), (2), and (6) of section

825

220.192, Florida Statutes, are amended to read:

826

220.192 Renewable energy technologies investment tax

827

credit.--

828

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

829

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

830

212.08(7)(ccc).

831

(b) "Eligible costs" means:

832

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

833

maintenance costs, and research and development costs incurred

834

between July 1, 2006, and June 30, 2010, up to a limit of $3

835

million per state fiscal year for all taxpayers, in connection

836

with an investment in hydrogen-powered vehicles and hydrogen

837

vehicle fueling stations in the state, including, but not limited

838

to, the costs of constructing, installing, and equipping such

839

technologies in the state.

840

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

841

maintenance costs, and research and development costs incurred

842

between July 1, 2006, and June 30, 2010, up to a limit of $1.5

843

million per state fiscal year for all taxpayers, and limited to a

844

maximum of $12,000 per fuel cell, in connection with an

845

investment in commercial stationary hydrogen fuel cells in the

846

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

847

installing, and equipping such technologies in the state.

848

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

849

maintenance costs, and research and development costs incurred

850

between July 1, 2006, and June 30, 2010, up to a limit of $14

851

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

852

connection with an investment in the production, storage, and

853

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

854

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

855

equipping such technologies in the state. Gasoline fueling

856

station pump retrofits for ethanol (E10-E100) distribution

857

qualify as an eligible cost under this subparagraph.

858

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

859

maintenance costs, and research and development costs incurred

860

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

861

million per state fiscal year for all taxpayers, in connection

862

with an investment in the production of wind energy.

863

864

212.08(7)(ccc).

865

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

866

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

867

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

868

in s. 212.08(7)(ccc).

869

(2) TAX CREDIT.--

870

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

871

credit against the tax imposed by this chapter shall be granted

872

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

873

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

874

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

875

fully used in any one tax year because of insufficient tax

876

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

877

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

878

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

879

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

880

consolidated return in this state as a member of an affiliated

881

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

882

consolidated return basis up to the amount of tax imposed upon

883

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

884

claimed and which is deducted or otherwise reduces federal

885

taxable income shall be added back in computing adjusted federal

886

income under s. 220.13.

887

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

888

credit against the tax imposed by this chapter shall be granted

889

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

890

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

891

ending December 31, 2012, after which period the credit expires.

892

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

893

insufficient tax liability on the part of the corporation, the

894

unused amount may be carried forward and used in tax years

895

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

896

which period the credit carryover expires and may not be used.

897

2. A taxpayer who files a consolidated return in this

898

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

899

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

900

amount of tax imposed upon the consolidated group. Any eligible

901

cost for which a credit is claimed and which is deducted or

902

otherwise reduces federal taxable income shall be added back when

903

computing adjusted federal income under s. 220.13.

904

(b) A corporation and a subsequent transferee allowed the

905

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

906

any taxpayer by written agreement, without transferring any

907

ownership interest in the property generating the tax credit or

908

any interest in the entity that owns the property. A transferee

909

is entitled to apply the credits against the tax, and such

910

transfer has the same effect as if the transferee had incurred

911

the eligible costs.

912

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

913

written transfer statement providing notice to the Department of

914

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

915

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

916

name, address, federal taxpayer identification number, and tax

917

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

918

Department of Revenue shall issue, upon receipt of a transfer

919

statement conforming to the requirements of this section, a

920

certificate to the assignee reflecting the tax credit amounts

921

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

922

by an assignee in which such tax credits are used.

923

2. Tax credits derived by such entities treated as

924

corporations under this section which are not transferred by such

925

entities to other taxpayers under this subsection must be passed

926

through to the taxpayers designated as partners, members, or

927

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

928

whether or not the persons are allocated or allowed any portion

929

of the federal energy tax credit with respect to the eligible

930

costs.

931

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

932

authority to adopt rules relating to:

933

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

934

section, the requirements and basis for establishing an

935

entitlement to a credit, and the examination and audit procedures

936

required to administer this section.

937

(b) The implementation and administration of the provisions

938

allowing a transfer of tax credits, including rules prescribing

939

forms, reporting requirements, and the specific procedures,

940

guidelines, and requirements necessary for a tax credit to be

941

transferred.

942

Section 9. Paragraphs (f) and (g) are added to subsection

943

(2) and paragraphs (j) and (k) are added to subsection (3) of

944

section 220.193, Florida Statutes, to read:

945

220.193 Florida renewable energy production credit.--

946

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

947

(f) "Sale" or "sold" means the use of electricity by the

948

producer of such electricity which decreases the amount of

949

electricity that the producer would otherwise have to purchase.

950

(g) "Taxpayer" includes a general partnership, limited

951

partnership, limited liability company, trust, or other

952

artificial entity in which a corporation, as defined in s.

953

220.03(1)(e), owns an interest and is taxed as a partnership or

954

is disregarded as a separate entity from the corporation under

955

chapter 220.

956

(3) An annual credit against the tax imposed by this

957

section shall be allowed to a taxpayer, based on the taxpayer's

958

production and sale of electricity from a new or expanded Florida

959

renewable energy facility. For a new facility, the credit shall

960

be based on the taxpayer's sale of the facility's entire

961

electrical production. For an expanded facility, the credit shall

962

be based on the increases in the facility's electrical production

963

that are achieved after May 1, 2006.

964

(j) A credit authorized by this section shall be attributed

965

to a corporation according to its proportional ownership interest

966

in a taxpayer. In addition to the authority granted to the

967

department in subsection (4), the department may adopt rules and

968

forms to implement this subsection, including specific procedures

969

and guidelines for notifying the department that a credit is

970

attributed to a corporation and for a corporation to claim such

971

credit.

972

(k) A taxpayer's use of the credit granted pursuant to this

973

section does not reduce the amount of any credit available to

974

such taxpayer under s. 220.186.

975

Section 10. Subsection (2) of section 253.02, Florida

976

Statutes, is amended to read:

977

253.02 Board of trustees; powers and duties.--

978

(2)(a) The board of trustees shall not sell, transfer, or

979

otherwise dispose of any lands the title to which is vested in

980

the board of trustees except by vote of at least three of the

981

four trustees and as provided in this subsection.

982

(b) In order to promote efficient, effective, and

983

economical management of state lands and utility services and if

984

the Public Service Commission has determined a need exists or the

985

Federal Energy Regulatory Commission has granted a Certificate of

986

Public Convenience and Necessity, the authority to grant

987

easements for rights-of-way over, across, and upon lands the

988

title to which is vested in the board of trustees for the

989

construction and operation of natural gas pipeline transmission

990

and linear facilities, including electric transmission and

991

distribution facilities, may be delegated to

992

the Secretary of Environmental Protection for facilities subject

993

to part II of chapter 403 or part IV of chapter 373.

994

Section 11. Subsection (14) is added to section 253.034,

995

Florida Statutes, to read:

996

253.034 State-owned lands; uses.--

997

(14)(a) If a public utility, regional transmission

998

organization, or natural gas company presents competent and

999

substantial evidence that its use of nonsovereignty state-owned

1000

lands is reasonable based upon a consideration of economic and

1001

environmental factors, including an assessment of practicable

1002

alternative alignments and assurance that the lands will remain

1003

in their predominantly natural condition, the public utility,

1004

regional transmission organization, or natural gas company may be

1005

granted fee simple title, easements, or other interests in

1006

nonsovereignty state-owned lands title to which is vested in the

1007

board of trustees, a water management district, or any other

1008

agency in the state for:

1009

1. Electric transmission and distribution lines;

1010

2. Natural gas pipelines; or

1011

3. Other linear facilities for which the Public Service

1012

Commission has determined a need exists or the Federal Energy

1013

Regulatory Commission has issued a Certificate of Public

1014

Convenience and Necessity.

1015

(b) In exchange for less than a fee simple interest

1016

acquired pursuant to this subsection, the grantee shall pay an

1017

amount equal to the fair market value of the interest acquired.

1018

In addition, for the initial grant of such interests only, the

1019

grantee shall also vest in the grantor a fee simple interest to

1020

other available land that is 1.5 times the size of the land

1021

acquired by the grantee. The grantor shall approve the property

1022

to be acquired on its behalf based on the geographic location in

1023

relation to the land relinquished by the grantor agency and a

1024

determination that the economic, ecological, and recreational

1025

value is at least equivalent to that of the property transferred

1026

to the public utility, regional transmission organization, or

1027

natural gas company.

1028

1029

to this subsection, the grantee shall pay an amount equal to the

1030

fair market value of the interest acquired. In addition, for the

1031

initial grant of such interests only, the grantee shall also vest

1032

in the grantor a fee simple title to other available land that is

1033

two times the size of the land acquired by the grantee. The

1034

grantor shall approve the land to be acquired on its behalf based

1035

on a determination that the economic and ecological or

1036

recreational value is at least equivalent to that of the property

1037

transferred to the public utility, regional transmission

1038

organization, or natural gas company.

1039

(d) As an alternative to the consideration provided for in

1040

paragraphs (b) and (c), the grantee may, subject to the grantor's

1041

approval, pay the fair market value of the state-owned land plus

1042

one-half of the cost differential between the cost of

1043

constructing the facility on state-owned land and the cost of

1044

avoiding state-owned lands, up to a maximum of twice the fair

1045

market value of the land acquired by the grantee. The grantor may

1046

use these moneys to acquire fee simple or less than fee simple

1047

interest in other available land.

1048

Section 12. Paragraph (d) of subsection (3) of section

1049

255.249, Florida Statutes, is amended to read:

1050

255.249 Department of Management Services; responsibility;

1051

department rules.--

1052

(3)

1053

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

1054

annually provide to the department all information regarding

1055

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

1056

agency, reviews of lease-expiration schedules for each geographic

1057

area, active and planned full-time equivalent data, business case

1058

analyses related to consolidation plans by an agency,

1059

telecommuting plans, and current occupancy and relocation costs,

1060

inclusive of furnishings, fixtures and equipment, data, and

1061

communications.

1062

Section 13. Section 255.251, Florida Statutes, is amended

1063

to read:

1064

255.251 Energy Conservation and Sustainable in Buildings

1065

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

1066

cited as the "Florida Energy Conservation and Sustainable in

1067

Buildings Act of 1974."

1068

Section 14. Section 255.252, Florida Statutes, is amended

1069

to read:

1070

255.252 Findings and intent.--

1071

(1) Operating and maintenance expenditures associated with

1072

energy equipment and with energy consumed in state-financed and

1073

leased buildings represent a significant cost over the life of a

1074

building. Energy conserved by appropriate building design not

1075

only reduces the demand for energy but also reduces costs for

1076

building operation. For example, commercial buildings are

1077

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

1078

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

1079

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

1080

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

1081

consonant with space-use requirements, the handling of occupancy

1082

loads, and the ability to zone off areas not requiring equivalent

1083

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

1084

necessary to conserving energy.

1085

(2) Significant efforts are needed to build energy-

1086

efficient state-owned buildings that meet environmental standards

1087

and underway by the General Services Administration, the National

1088

Institute of Standards and Technology, and others to detail the

1089

considerations and practices for energy conservation in

1090

buildings. Most important is that energy-efficient designs

1091

provide energy savings over the life of the building structure.

1092

Conversely, energy-inefficient designs cause excess and wasteful

1093

energy use and high costs over that life. With buildings lasting

1094

many decades and with energy costs escalating rapidly, it is

1095

essential that the costs of operation and maintenance for energy-

1096

using equipment and sustainable materials be included in all

1097

design proposals for state-owned state buildings.

1098

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

1099

materials considerations become a function of building design,

1100

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

1101

shall be the policy of the state that buildings constructed and

1102

financed by the state be designed and constructed in accordance

1103

with the United States Green Building Council (USGBC) Leadership

1104

in Energy and Environmental Design (LEED) rating system, with a

1105

goal of meeting the Platinum level rating, the Green Building

1106

Initiative's Green Globes rating system, or the Florida Green

1107

Building Coalition standards in a manner which will minimize the

1108

consumption of energy used in the operation and maintenance of

1109

such buildings. It is further the policy of the state, when

1110

economically feasible, to retrofit existing state-owned buildings

1111

in a manner that which will minimize the consumption of energy

1112

used in the operation and maintenance of such buildings.

1113

(4) In addition to designing and constructing new buildings

1114

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

1115

operate, maintain, and renovate existing state facilities, or

1116

provide for their renovation, in accordance with the United

1117

States Green Building Council's Leadership in Energy and

1118

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

1119

renovations, or the United States Green Building Council's

1120

Leadership in Energy and Environmental Design for New

1121

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

1122

achieving the Platinum level rating, the Green Building

1123

Initiative's Green Globes rating system, or the Florida Green

1124

Building Coalition standards in order to in a manner which will

1125

minimize energy consumption and maximize building sustainability

1126

as well as ensure that facilities leased by the state are

1127

operated so as to minimize energy use. State government entities

1128

Agencies are encouraged to consider shared savings financing of

1129

such energy efficiency and conservation projects, using contracts

1130

which split the resulting savings for a specified period of time

1131

between the state government entity agency and the private firm

1132

or cogeneration contracts which otherwise permit the state to

1133

lower its net energy costs. Such energy contracts may be funded

1134

from the operating budget.

1135

(5) Each state government entity occupying space within

1136

buildings owned or managed by the Department of Management

1137

Services must identify and compile a list of projects determined

1138

to be suitable for a guaranteed energy performance savings

1139

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

1140

each state government entity shall be submitted to the Department

1141

of Management Services by December 31, 2008, and must include all

1142

criteria used to determine suitability. The list of projects

1143

shall be developed from the list of state-owned facilities

1144

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

1145

government entity is responsible for paying the expenses of

1146

utilities and other operating expenses as they relate to energy

1147

use. In consultation with each state government entity executive

1148

officer, by July 1, 2009, the department shall prioritize all

1149

projects deemed suitable by each state government entity and

1150

shall develop an energy efficiency project schedule based on

1151

factors such as project magnitude, efficiency and effectiveness

1152

of energy conservation measures to be implemented, and other

1153

factors that may prove to be advantageous to pursue. The schedule

1154

shall provide the deadline for improvements to be made to state-

1155

owned buildings under a guaranteed energy performance savings

1156

contract.

1157

Section 15. Section 255.253, Florida Statutes, is amended

1158

to read:

1159

255.253 Definitions; ss. 255.251-255.258.--

1160

(1) "Department" means the Department of Management

1161

Services.

1162

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

1163

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

1164

number describing the energy requirements at the building

1165

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

1166

cubic foot of occupied volume, as appropriate under defined

1167

internal and external ambient conditions over an entire seasonal

1168

cycle. As experience develops on the energy performance achieved

1169

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

1170

building performance with respect to energy consumption.

1171

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

1172

and maintaining the facility over the life of the structure. This

1173

may be expressed as an annual cost for each year of the

1174

facility's use.

1175

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

1176

energy conservation measures and maintenance services through a

1177

private firm which may own any purchased equipment for the

1178

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

1179

unless so authorized by the department. The Such contract shall

1180

specify that the private firm will be recompensed either out of a

1181

negotiated portion of the savings resulting from the conservation

1182

measures and maintenance services provided by the private firm

1183

or, in the case of a cogeneration project, through the payment of

1184

a rate for energy lower than would otherwise have been paid for

1185

the same energy from current sources.

1186

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

1187

entity listed in chapter 20 or the State Constitution.

1188

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

1189

and comfortable for its occupants and is economical to operate

1190

while conserving resources, including energy, water, raw

1191

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

1192

toxic materials and waste in its design, construction,

1193

landscaping, and operation.

1194

(8) "Sustainable building rating" means a rating

1195

established by the United States Green Building Council (USGBC)

1196

Leadership in Energy and Environmental Design (LEED) rating

1197

system, the Green Building Initiative's Green Globes rating

1198

system, or the Florida Green Building Coalition standards.

1199

Section 16. Section 255.254, Florida Statutes, is amended

1200

to read:

1201

255.254 No facility constructed or leased without life-

1202

cycle costs.--

1203

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

1204

lease, construct, or have constructed, within limits prescribed

1205

herein, a facility without having secured from the department an

1206

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

1207

architect or engineer. Furthermore, construction shall proceed

1208

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

1209

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

1210

building rating goal, and the capitalization of the initial

1211

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

1212

sustainable building rating goal shall be a primary

1213

considerations consideration in the selection of a building

1214

design. Such analysis shall be required only for construction of

1215

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

1216

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

1217

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

1218

cycle analysis consisting of a projection of the annual energy

1219

consumption costs in dollars per square foot of major energy-

1220

consuming equipment and systems based on actual expenses, from

1221

the last 3 years, and projected forward for the term of the

1222

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

1223

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

1224

incurred by the state are minimal compared to available like

1225

facilities. Any building leased by the state from a private-

1226

sector vendor must include, as a part of the lease, provisions

1227

for monthly energy-use data to be collected and submitted monthly

1228

to the department by the owner of the building.

1229

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

1230

entity may not agency shall initiate construction or have

1231

construction initiated, prior to approval thereof by the

1232

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

1233

the design and construction of which incorporates or contemplates

1234

the use of an energy system other than a solar energy system when

1235

the life-cycle costs analysis prepared by the department has

1236

determined that a solar energy system is the most cost-efficient

1237

energy system for the facility or unit.

1238

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

1239

entity agency must replace or supplement major items of energy-

1240

consuming equipment in existing state-owned or leased facilities

1241

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

1242

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

1243

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

1244

alternatives in accordance with rules promulgated by the

1245

department under s. 255.255.

1246

Section 17. Subsection (1) of section 255.255, Florida

1247

Statutes, is amended to read:

1248

255.255 Life-cycle costs.--

1249

(1) The department shall adopt promulgate rules and

1250

procedures, including energy conservation performance guidelines,

1251

based on sustainable building ratings, for conducting a life-

1252

cycle cost analysis of alternative architectural and engineering

1253

designs and alternative major items of energy-consuming equipment

1254

to be retrofitted in existing state-owned or leased facilities

1255

and for developing energy performance indices to evaluate the

1256

efficiency of energy utilization for competing designs in the

1257

construction of state-financed and leased facilities.

1258

Section 18. Section 255.257, Florida Statutes, is amended

1259

to read:

1260

255.257 Energy management; buildings occupied by state

1261

government entities agencies.--

1262

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

1263

government entity agency shall collect data on energy consumption

1264

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

1265

and metered state-leased facilities of 5,000 net square feet or

1266

more. These data will be used in the computation of the

1267

effectiveness of the state energy management plan and the

1268

effectiveness of the energy management program of each of the

1269

state government entity agencies. Collected data shall be

1270

reported to the department annually in a format prescribed by the

1271

department.

1272

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

1273

entity agency, the Florida Public Service Commission, the

1274

Department of Military Affairs, and the judicial branch shall

1275

appoint a coordinator whose responsibility shall be to advise the

1276

head of the state government entity agency on matters relating to

1277

energy consumption in facilities under the control of that head

1278

or in space occupied by the various units comprising that state

1279

government entity agency, in vehicles operated by that state

1280

government entity agency, and in other energy-consuming

1281

activities of the state government entity agency. The coordinator

1282

shall implement the energy management program agreed upon by the

1283

state government entity agency concerned and assist the

1284

department in the development of the State Energy Management

1285

Plan.

1286

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

1287

Department of Management Services shall may develop a state

1288

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

1289

following elements:

1290

(a) Data-gathering requirements;

1291

(b) Building energy audit procedures;

1292

1293

(d) Employee energy education program measures;

1294

(e) Energy consumption reduction techniques;

1295

(f) Training program for state government entity agency

1296

energy management coordinators; and

1297

(g) Guidelines for building managers.

1298

1299

The plan shall include a description of the actions that each

1300

state government entity must take in order to reduce consumption

1301

of electricity and nonrenewable energy sources used for space

1302

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

1303

transportation. The state energy office shall provide technical

1304

assistance to the department in the development of the State

1305

Energy Management Plan.

1306

(4) ENERGY AND ENVIRONMENTAL DESIGN.--

1307

(a) Each state government entity shall adopt the standards

1308

of the United States Green Building Council's Leadership in

1309

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

1310

the Green Building Initiative's Green Globes for New Construction

1311

(NC) rating system, or the Florida Green Building Coalition

1312

standards for all new buildings, with a goal of achieving the

1313

LEED-NC Platinum or Green Globes for New Construction 4 Globes

1314

level rating for each construction project.

1315

(b) Each state government entity shall implement the

1316

United States Green Building Council's Leadership in Energy and

1317

Environmental Design for Existing Buildings (LEED-EB), the Green

1318

Building Initiative's Green Globes for the Continual Improvement

1319

of Existing Buildings(CIEB) rating system, or the Florida Green

1320

Building Coalition standards. A state government entity may

1321

prioritize implementation of LEED-EB standards or the Green

1322

Building Initiative's Green Globes (CIEB) rating system, or the

1323

Florida Green Building Coalition standards in order to gain the

1324

greatest environmental benefit within its existing budget for

1325

property management.

1326

1327

leasing agreement for office space that does not meet Energy Star

1328

building standards, except when determined by the appropriate

1329

state government entity executive that no other viable or cost-

1330

effective alternative exists.

1331

(d) Each state government entity shall develop energy-

1332

conservation measures and guidelines for new and existing office

1333

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

1334

square feet. The conservation measures shall focus on programs

1335

that reduce energy consumption and, when established, provide a

1336

net reduction in occupancy costs.

1337

Section 19. Section 286.275, Florida Statutes, is created

1338

to read:

1339

286.275 Climate friendly public business.--

1340

(1) The Legislature recognizes the importance of leadership

1341

by state government in the area of energy efficiency and in

1342

reducing the greenhouse gas emissions of state government

1343

operations. The following shall pertain to all state government

1344

entities, as defined in this section, when conducting public

1345

business:

1346

(a) The Department of Management Services shall develop the

1347

Florida Climate Friendly Preferred Products List. In maintaining

1348

that list, the department, in consultation with the Department of

1349

Environmental Protection, shall continually assess products that

1350

are currently available for purchase under state term contracts

1351

and identify specific products and vendors that provide clear

1352

energy efficiency or other environmental benefits over competing

1353

products. When procuring products from state term contracts,

1354

state government entities shall first consult the Florida Climate

1355

Friendly Preferred Products List and procure such products if the

1356

cost does not exceed by 5 percent the most cost-effective

1357

alternative commodity not included on the list.

1358

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

1359

contract for meeting and conference space only with hotels or

1360

conference facilities that have received the "Green Lodging"

1361

designation from the Department of Environmental Protection for

1362

best practices in water, energy, and waste-efficiency standards,

1363

unless the responsible state government entity's chief executive

1364

officer makes a determination that no other viable alternative

1365

exists. The Department of Environmental Protection may adopt

1366

rules to administer the Green Lodging Program.

1367

1368

authorized to establish voluntary technical assistance programs

1369

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

1370

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

1371

and Green Yards Programs. The programs may include

1372

certifications, designations, or other forms of recognition. The

1373

department may implement some or all of these programs through

1374

rulemaking; however, the rules may not impose requirements on a

1375

person who does not wish to participate in a program. Each state

1376

government entity shall patronize businesses that have received

1377

such certifications or designations to the greatest extent

1378

practical.

1379

(d) Each state government entity shall ensure that all

1380

maintained vehicles meet minimum maintenance schedules that have

1381

been shown to reduce fuel consumption, including maintaining

1382

appropriate tire pressures and tread depth, replacing fuel

1383

filters and emission filters at recommended intervals, using

1384

proper motor oils, and performing timely motor maintenance. Each

1385

state government entity shall measure and report compliance to

1386

the Department of Management Services through the equipment

1387

management information system database.

1388

(e) When procuring a new vehicle, each state government

1389

entity shall first define the intended purpose for the vehicle

1390

and determine for which of the following use classes the vehicle

1391

is being procured:

1392

1. State business travel, designated operator;

1393

2 State business travel, pool operators;

1394

3. Construction, agricultural, or maintenance work;

1395

4. Conveyance of passengers;

1396

5. Conveyance of building or maintenance materials and

1397

supplies;

1398

6. Off-road vehicles, motorcycles, or all-terrain vehicles;

1399

7. Emergency response; or

1400

8. Other.

1401

1402

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

1403

purchase or leasing agreements, must be selected for the greatest

1404

fuel efficiency available for a given use class when fuel-economy

1405

data are available. Exceptions may be made for certain individual

1406

vehicles in subparagraph 7. when accompanied, during the

1407

procurement process, by documentation indicating that the

1408

operator or operators will exclusively be emergency first

1409

responders or have special documented need for exceptional

1410

vehicle-performance characteristics. Any request for an exception

1411

must be approved by the purchasing entity's chief executive

1412

officer and any exceptional vehicle-performance characteristics

1413

must be denoted as a part of the procurement process prior to

1414

purchase.

1415

(f) All state government entities shall use ethanol and

1416

biodiesel-blended fuels when available. State government entities

1417

administering central fueling operations for state-owned vehicles

1418

shall procure biofuels for fleet needs to the greatest extent

1419

practicable.

1420

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

1421

entity" means any state government entity listed in chapter 20 or

1422

the State Constitution.

1423

Section 20. Paragraph (b) of subsection (2) and subsection

1424

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

1425

287.063 Deferred-payment commodity contracts; preaudit

1426

review.--

1427

(2)

1428

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

1429

criteria for approving purchases made under deferred-payment

1430

contracts which require the payment of interest. Criteria shall

1431

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

1432

1. No contract shall be approved in which interest exceeds

1433

the statutory ceiling contained in this section. However, the

1434

interest component of any master equipment financing agreement

1435

entered into for the purpose of consolidated financing of a

1436

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

1437

deemed to comply with the interest rate limitation of this

1438

section so long as the interest component of every interagency

1439

agreement under such master equipment financing agreement

1440

complies with the interest rate limitation of this section.

1441

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

1442

be approved, unless it can be satisfactorily demonstrated and

1443

documented to the Chief Financial Officer that failure to make

1444

such deferred-payment purchase would adversely affect an agency

1445

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

1446

Officer may approve any deferred-payment purchase if the Chief

1447

Financial Officer determines that such purchase is economically

1448

beneficial to the state.

1449

3. No agency shall obligate an annualized amount of

1450

payments for deferred-payment purchases in excess of current

1451

operating capital outlay appropriations, unless specifically

1452

authorized by law or unless it can be satisfactorily demonstrated

1453

and documented to the Chief Financial Officer that failure to

1454

make such deferred-payment purchase would adversely affect an

1455

agency in the performance of its duties.

1456

3.4. No contract shall be approved which extends payment

1457

beyond 5 years, unless it can be satisfactorily demonstrated and

1458

documented to the Chief Financial Officer that failure to make

1459

such deferred-payment purchase would adversely affect an agency

1460

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

1461

the useful life of the equipment unless the contract provides for

1462

the replacement or the extension of the useful life of the

1463

equipment during the term of the loan.

1464

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

1465

any such deferred payment commodity contract must be supported

1466

from available recurring funds appropriated to the agency in an

1467

appropriation category, other than the expense appropriation

1468

category as defined in chapter 216, which that the Chief

1469

Financial Officer has determined is appropriate or that the

1470

Legislature has designated for payment of the obligation incurred

1471

under this section.

1472

Section 21. Subsections (10) and (11) of section 287.064,

1473

Florida Statutes, are amended to read:

1474

287.064 Consolidated financing of deferred-payment

1475

purchases.--

1476

(10)(a) A master equipment financing agreement may finance

1477

the cost of energy, water, or wastewater efficiency and

1478

conservation measures, as defined in s. 489.145, excluding the

1479

costs of training, operation, and maintenance, for a term of

1480

repayment that may exceed 5 years but not more than 20 years.

1481

(b) The guaranteed energy, water, and wastewater savings

1482

contractor shall provide for the replacement or the extension of

1483

the useful life of the equipment during the term of the contract.

1484

Costs incurred pursuant to a guaranteed energy performance

1485

savings contract, including the cost of energy conservation

1486

measures, each as defined in s. 489.145, may be financed pursuant

1487

to a master equipment financing agreement; however, the costs of

1488

training, operation, and maintenance may not be financed. The

1489

period of time for repayment of the funds drawn pursuant to the

1490

master equipment financing agreement under this subsection may

1491

exceed 5 years but may not exceed 10 years.

1492

(11) For purposes of consolidated financing of deferred

1493

payment commodity contracts under this section by a state agency,

1494

the annualized amount of any such contract must be supported from

1495

available recurring funds appropriated to the agency in an

1496

appropriation category, other than the expense appropriation

1497

category as defined in chapter 216, which that the Chief

1498

Financial Officer has determined is appropriate or which that the

1499

Legislature has designated for payment of the obligation incurred

1500

under this section.

1501

Section 22. Subsection (12) is added to section

1502

287.16, Florida Statutes, to read:

1503

287.16 Powers and duties of department.--The Department of

1504

Management Services shall have the following powers, duties, and

1505

responsibilities:

1506

(12) To conduct, in coordination with the Department of

1507

Transportation, an analysis of ethanol and biodiesel use by the

1508

Department of Transportation through its central fueling

1509

facilities. The Department of Management Services shall encourage

1510

other state government entities to analyze transportation fuel

1511

usage, including the different types and percentages of fuels

1512

consumed, and report such information to the department.

1513

Section 23. Present paragraphs (a) through (n) of

1514

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

1515

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

1516

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

1517

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

1518

(4) of that section, to read:

1519

288.1089 Innovation Incentive Program.--

1520

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

1521

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

1522

mechanical, or thermal energy produced from a method that uses

1523

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

1524

cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,

1525

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

1526

or geothermal.

1527

(3) To be eligible for consideration for an innovation

1528

incentive award, an innovation business, or research and

1529

development entity, or alternative and renewable energy project

1530

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

1531

before making a decision to locate new operations in this state

1532

or expand an existing operation in this state. The application

1533

must include, but not be limited to:

1534

(a) The applicant's federal employer identification number,

1535

unemployment account number, and state sales tax registration

1536

number. If such numbers are not available at the time of

1537

application, they must be submitted to the office in writing

1538

prior to the disbursement of any payments under this section.

1539

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

1540

located or is to be located.

1541

1542

product, or research and development undertaken by the applicant,

1543

including six-digit North American Industry Classification System

1544

codes for all activities included in the project.

1545

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

1546

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

1547

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

1548

state the applicant anticipates having created as of December 31

1549

of each year in the project and the average annual wage of such

1550

jobs.

1551

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

1552

currently employed by the applicant in this state, if applicable.

1553

(h) The anticipated commencement date of the project.

1554

(i) A detailed explanation of why the innovation incentive

1555

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

1556

state and whether an award would cause the applicant to locate or

1557

expand in this state.

1558

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

1559

revenues resulting from the project that will be generated

1560

outside this state.

1561

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

1562

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

1563

of Enterprise Florida, Inc., and the office:

1564

(d) For an alternative and renewable energy project in this

1565

state, the project must:

1566

1. Demonstrate a plan for significant collaboration with an

1567

institution of higher education;

1568

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

1569

investment within a 20-year period;

1570

3. Include matching funds provided by the applicant or

1571

other available sources. This requirement may be waived if the

1572

office and the department determine that the merits of the

1573

individual project or the specific circumstances warrant such

1574

action;

1575

4. Be located in this state;

1576

5. Provide jobs that pay an estimated annual average wage

1577

that equals at least 130 percent of the average private-sector

1578

wage. The average wage requirement may be waived if the office

1579

and the commission determine that the merits of the individual

1580

project or the specific circumstances warrant such action; and

1581

6. Meet one of the following criteria:

1582

a. Result in the creation of at least 35 direct, new jobs

1583

at the business.

1584

b. Have an activity or product that uses feedstock or other

1585

raw materials grown or produced in this state.

1586

c. Have a cumulative investment of at least $50 million

1587

within a 5-year period.

1588

d. Address the technical feasibility of the technology, and

1589

the extent to which the proposed project has been demonstrated to

1590

be technically feasible based on pilot project demonstrations,

1591

laboratory testing, scientific modeling, or engineering or

1592

chemical theory that supports the proposal.

1593

e. Include innovative technology and the degree to which

1594

the project or business incorporates an innovative new technology

1595

or an innovative application of an existing technology.

1596

f. Include production potential and the degree to which a

1597

project or business generates thermal, mechanical, or electrical

1598

energy by means of a renewable energy resource that has

1599

substantial long-term production potential. The project must, to

1600

the extent possible, quantify annual production potential in

1601

megawatts or kilowatts.

1602

g. Include and address energy efficiency and the degree to

1603

which a project demonstrates efficient use of energy, water, and

1604

material resources.

1605

h. Include project management and the ability of management

1606

to administer a complete the business project.

1607

Section 24. Subsection (1) of section 337.401, Florida

1608

Statutes, is amended to read:

1609

337.401 Use of right-of-way for utilities subject to

1610

regulation; permit; fees.--

1611

(1) The department and local governmental entities,

1612

referred to in ss. 337.401-337.404 as the "authority," that have

1613

jurisdiction and control of public roads or publicly owned rail

1614

corridors are authorized to prescribe and enforce reasonable

1615

rules or regulations with reference to the placing and

1616

maintaining along, across, or on any road or publicly owned rail

1617

corridors under their respective jurisdictions any electric

1618

transmission, telephone, telegraph, or other communications

1619

services lines; pole lines; poles; railways; ditches; sewers;

1620

water, heat, or gas mains; pipelines; fences; gasoline tanks and

1621

pumps; or other structures hereinafter referred to in this

1622

section as the "utility." For aerial and underground electric

1623

utility transmission lines designed to operate at 69 kV or more

1624

which are needed to accommodate the additional electrical

1625

transfer capacity on the transmission grid resulting from new

1626

base load generating facilities, where there is no other

1627

practicable alternative available for placement of the electric

1628

utility transmission lines on the department's rights-of-way, the

1629

department's rules shall provide for placement of and access to

1630

such transmission lines adjacent to and within the right-of-way

1631

of any department-controlled public roads, including

1632

longitudinally within limited access facilities to the greatest

1633

extent allowed by federal law if compliance with the standards

1634

established by such rules is achieved. Such rules may include,

1635

but need not be limited to, presentation of competent and

1636

substantial evidence that the use of the right-of-way is

1637

reasonable based upon a consideration of economic and

1638

environmental factors, including an assessment of practicable

1639

alternative alignments, including, without limitation, other

1640

utility corridors and easements and minimum clear zones and other

1641

safety standards if such improvements do not interfere with

1642

operational requirements of the transportation facility or

1643

planned or potential future expansion of such transportation

1644

facility. If the department approves longitudinal placement of

1645

electric utility transmission lines in limited access facilities,

1646

compensation for the use of the right-of-way is required. Such

1647

consideration or compensation paid by the electric utility in

1648

connection with the department's issuance of a permit does not

1649

create any property right in the department's property regardless

1650

of the amount of consideration paid or the improvements

1651

constructed on the property by the utility. For aerial and

1652

underground electric utility transmission lines designed to

1653

operate at 69 kV or more which are needed to accommodate the

1654

additional electrical transfer capacity on the transmission grid

1655

resulting from new base load generating facilities, where there

1656

is no other practicable alternative available for placement of

1657

the electric utility transmission lines on the department's

1658

rights-of-way, the department's rules shall provide for placement

1659

of and access to such transmission lines adjacent to and within

1660

the right-of-way of any department-controlled public roads,

1661

including longitudinally within limited access facilities to the

1662

greatest extent allowed by federal law if compliance with the

1663

standards established by such rules is achieved. Such rules may

1664

include, but need not be limited to, presentation of competent

1665

and substantial evidence that the use of the right-of-way is

1666

reasonable based upon a consideration of economic and

1667

environmental factors, including, without limitation, other

1668

utility corridors and easements and minimum clear zones and other

1669

safety standards if such improvements do not interfere with

1670

operational requirements of the transportation facility or

1671

planned or potential future expansion of such transportation

1672

facility. If the department approves longitudinal placement of

1673

electric utility transmission lines in limited access facilities,

1674

compensation for the use of the right-of-way is required. Such

1675

consideration or compensation paid by the electric utility in

1676

connection with the department's issuance of a permit does not

1677

create any property right in the department's property regardless

1678

of the amount of consideration paid or the improvements

1679

constructed on the property by the utility. Upon notice by the

1680

department that the property is needed for expansion or

1681

improvement of the transportation facility, the electric utility

1682

transmission line shall relocate from the facility at the

1683

electric utility's sole expense. Such relocation shall occur

1684

under a schedule mutually agreed upon by the department and the

1685

electric utility, taking into consideration the maintenance of

1686

overall grid reliability and minimizing the relocation costs to

1687

the electric utility's customers. If the utility fails to meet

1688

the agreed upon schedule for relocation, the utility shall be

1689

responsible for reasonable direct delay damages due to the sole

1690

negligence of the electric utility as determined by a court of

1691

competent jurisdiction. As used in this subsection, the term

1692

"base load generating facilities" mean electrical power plants

1693

that are certified under part II of chapter 403. The department

1694

may enter into a permit-delegation agreement with a governmental

1695

entity if issuance of a permit is based on requirements that the

1696

department finds will ensure the safety and integrity of

1697

facilities of the Department of Transportation; however, the

1698

permit-delegation agreement does not apply to facilities of

1699

electric utilities as defined in s. 366.02(2).

1700

Section 25. Subsections (1) and (7) and paragraph (b) of

1701

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

1702

to read:

1703

339.175 Metropolitan planning organization.--

1704

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

1705

encourage and promote the safe and efficient management,

1706

operation, and development of surface transportation systems that

1707

will serve the mobility needs of people and freight and foster

1708

economic growth and development within and through urbanized

1709

areas of this state while minimizing transportation-related fuel

1710

consumption, and air pollution, and greenhouse gas emissions

1711

through metropolitan transportation planning processes identified

1712

in this section. To accomplish these objectives, metropolitan

1713

planning organizations, referred to in this section as M.P.O.'s,

1714

shall develop, in cooperation with the state and public transit

1715

operators, transportation plans and programs for metropolitan

1716

areas. The plans and programs for each metropolitan area must

1717

provide for the development and integrated management and

1718

operation of transportation systems and facilities, including

1719

pedestrian walkways and bicycle transportation facilities that

1720

will function as an intermodal transportation system for the

1721

metropolitan area, based upon the prevailing principles provided

1722

in s. 334.046(1). The process for developing such plans and

1723

programs shall provide for consideration of all modes of

1724

transportation and shall be continuing, cooperative, and

1725

comprehensive, to the degree appropriate, based on the complexity

1726

of the transportation problems to be addressed. To ensure that

1727

the process is integrated with the statewide planning process,

1728

M.P.O.'s shall develop plans and programs that identify

1729

transportation facilities that should function as an integrated

1730

metropolitan transportation system, giving emphasis to facilities

1731

that serve important national, state, and regional transportation

1732

functions. For the purposes of this section, those facilities

1733

include the facilities on the Strategic Intermodal System

1734

designated under s. 339.63 and facilities for which projects have

1735

been identified pursuant to s. 339.2819(4).

1736

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

1737

develop a long-range transportation plan that addresses at least

1738

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

1739

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

1740

and federal requirements. The prevailing principles to be

1741

considered in the long-range transportation plan are: preserving

1742

the existing transportation infrastructure; enhancing Florida's

1743

economic competitiveness; and improving travel choices to ensure

1744

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

1745

to the maximum extent feasible, with future land use elements and

1746

the goals, objectives, and policies of the approved local

1747

government comprehensive plans of the units of local government

1748

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

1749

encouraged to consider strategies that integrate transportation

1750

and land use planning to provide for sustainable development and

1751

reduce greenhouse gas emissions. The approved long-range

1752

transportation plan must be considered by local governments in

1753

the development of the transportation elements in local

1754

government comprehensive plans and any amendments thereto. The

1755

long-range transportation plan must, at a minimum:

1756

(a) Identify transportation facilities, including, but not

1757

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

1758

commuter rail systems, transit systems, and intermodal or

1759

multimodal terminals that will function as an integrated

1760

metropolitan transportation system. The long-range transportation

1761

plan must give emphasis to those transportation facilities that

1762

serve national, statewide, or regional functions, and must

1763

consider the goals and objectives identified in the Florida

1764

Transportation Plan as provided in s. 339.155. If a project is

1765

located within the boundaries of more than one M.P.O., the

1766

M.P.O.'s must coordinate plans regarding the project in the long-

1767

range transportation plan.

1768

(b) Include a financial plan that demonstrates how the plan

1769

can be implemented, indicating resources from public and private

1770

sources which are reasonably expected to be available to carry

1771

out the plan, and recommends any additional financing strategies

1772

for needed projects and programs. The financial plan may include,

1773

for illustrative purposes, additional projects that would be

1774

included in the adopted long-range transportation plan if

1775

reasonable additional resources beyond those identified in the

1776

financial plan were available. For the purpose of developing the

1777

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

1778

shall cooperatively develop estimates of funds that will be

1779

available to support the plan implementation. Innovative

1780

financing techniques may be used to fund needed projects and

1781

programs. Such techniques may include the assessment of tolls,

1782

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

1783

1784

to:

1785

1. Ensure the preservation of the existing metropolitan

1786

transportation system including requirements for the operation,

1787

resurfacing, restoration, and rehabilitation of major roadways

1788

and requirements for the operation, maintenance, modernization,

1789

and rehabilitation of public transportation facilities; and

1790

2. Make the most efficient use of existing transportation

1791

facilities to relieve vehicular congestion and maximize the

1792

mobility of people and goods.

1793

(d) Indicate, as appropriate, proposed transportation

1794

enhancement activities, including, but not limited to, pedestrian

1795

and bicycle facilities, scenic easements, landscaping, historic

1796

preservation, mitigation of water pollution due to highway

1797

runoff, and control of outdoor advertising.

1798

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

1799

in metropolitan areas that are classified as nonattainment areas

1800

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

1801

development of the long-range transportation plan with the State

1802

Implementation Plan developed pursuant to the requirements of the

1803

federal Clean Air Act.

1804

1805

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

1806

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

1807

representatives of transportation agency employees, freight

1808

shippers, providers of freight transportation services, private

1809

providers of transportation, representatives of users of public

1810

transit, and other interested parties with a reasonable

1811

opportunity to comment on the long-range transportation plan. The

1812

long-range transportation plan must be approved by the M.P.O.

1813

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

1814

in cooperation with the state and affected public transportation

1815

operators, develop a transportation improvement program for the

1816

area within the jurisdiction of the M.P.O. In the development of

1817

the transportation improvement program, each M.P.O. must provide

1818

the public, affected public agencies, representatives of

1819

transportation agency employees, freight shippers, providers of

1820

freight transportation services, private providers of

1821

transportation, representatives of users of public transit, and

1822

other interested parties with a reasonable opportunity to comment

1823

on the proposed transportation improvement program.

1824

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

1825

priorities and shall submit the list to the appropriate district

1826

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

1827

department and a metropolitan planning organization may, in

1828

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

1829

priorities must be formally reviewed by the technical and

1830

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

1831

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

1832

priorities must be used by the district in developing the

1833

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

1834

developing its transportation improvement program. The annual

1835

list of project priorities must be based upon project selection

1836

criteria that, at a minimum, consider the following:

1837

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

1838

2. The Strategic Intermodal System Plan developed under s.

1839

339.64.

1840

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

1841

4. The results of the transportation management systems;

1842

and

1843

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

1844

6. To provide for sustainable growth and reduce greenhouse

1845

gas emissions.

1846

Section 26. Section 366.82, Florida Statutes, is amended to

1847

read:

1848

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

1849

energy audits.--

1850

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

1851

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

1852

provides electricity or natural gas at retail to the public,

1853

specifically including municipalities or instrumentalities

1854

thereof and cooperatives organized under the Rural Electric

1855

Cooperative Law and specifically excluding any municipality or

1856

instrumentality thereof, any cooperative organized under the

1857

Rural Electric Cooperative Law, or any other person or entity

1858

providing natural gas at retail to the public whose annual sales

1859

volume is less than 100 million therms or any municipality or

1860

instrumentality thereof and any cooperative organized under the

1861

Rural Electric Cooperative Law providing electricity at retail to

1862

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

1863

customers is less than 2,000 gigawatt hours.

1864

(2) The commission shall adopt appropriate goals for

1865

increasing the efficiency of energy consumption and increasing

1866

the development of cogeneration, specifically including goals

1867

designed to increase the conservation of expensive resources,

1868

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

1869

of electric consumption, and to reduce the growth rates of

1870

weather-sensitive peak demand. The Executive Office of the

1871

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

1872

commission may change the goals for reasonable cause. The time

1873

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

1874

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

1875

completed, the commission shall determine what further goals,

1876

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

1877

(3) The commission shall publish a notice of proposed

1878

rulemaking no later than July 1, 2009, requiring electric

1879

utilities to offset 20 percent of their annual load-growth

1880

through energy efficiency and conservation measures thereby

1881

constituting an energy-efficiency portfolio standard. The

1882

commission may allow efficiency investments across generation,

1883

transmission, and distribution as well as efficiencies within the

1884

user base. As part of the implementation rules, the commission

1885

shall create an in-state market for tradable credits enabling

1886

those electric utilities that exceed the standard to sell credits

1887

to those that cannot meet the standard for a given year. This

1888

efficiency standard is separate from and exclusive of the

1889

renewable portfolio standard that requires electricity providers

1890

to obtain a minimum percentage of their power from renewable

1891

energy resources. Every 3 years the commission shall review and

1892

reevaluate this efficacy of efficiency standard on a regional and

1893

statewide approach.

1894

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

1895

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

1896

plans and programs to meet the overall goals within its service

1897

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

1898

or similar banking functions by a utility and the plan is

1899

approved by the commission, the utility shall perform such

1900

functions, notwithstanding any other provision of the law. The

1901

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

1902

Service Regulatory Trust Fund to guarantee such loans. However,

1903

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

1904

purchasing or otherwise acquiring conservation measures or

1905

devices, but nothing herein shall prohibit or impair the

1906

administration or implementation of a utility plan as submitted

1907

by a utility and approved by the commission under this

1908

subsection. If the commission disapproves a plan, it shall

1909

specify the reasons for disapproval, and the utility whose plan

1910

is disapproved shall resubmit its modified plan within 30 days.

1911

Prior approval by the commission shall be required to modify or

1912

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

1913

any utility has not implemented its programs and is not

1914

substantially in compliance with the provisions of its approved

1915

plan at any time, the commission shall adopt programs required

1916

for that utility to achieve the overall goals. Utility programs

1917

may include variations in rate design, load control,

1918

cogeneration, residential energy conservation subsidy, or any

1919

other measure within the jurisdiction of the commission which the

1920

commission finds likely to be effective; this provision shall not

1921

be construed to preclude these measures in any plan or program.

1922

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

1923

each utility and shall provide the Legislature and the Governor

1924

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

1925

its progress toward meeting those goals. The commission shall

1926

also consider the performance of each utility pursuant to ss.

1927

366.80-366.85 and 403.519 when establishing rates for those

1928

utilities over which the commission has ratesetting authority.

1929

(6) The commission shall require municipal and cooperative

1930

utilities that are exempt from the Florida Energy Efficiency and

1931

Conservation Act to submit an annual report to the commission

1932

identifying energy efficiency and conservation goals and the

1933

actions taken to meet those goals.

1934

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

1935

or to contract to offer, energy audits to its residential

1936

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

1937

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

1938

other reasonable criterion, so long as all eligible customers are

1939

notified. The commission may extend this requirement to some or

1940

all commercial customers. The commission shall set the charge for

1941

audits by rule, not to exceed the actual cost, and may describe

1942

by rule the general form and content of an audit. In the event

1943

one utility contracts with another utility to perform audits for

1944

it, the utility for which the audits are performed shall pay the

1945

contracting utility the reasonable cost of performing the audits.

1946

Each utility over which the commission has ratesetting authority

1947

shall estimate its costs and revenues for audits, conservation

1948

programs, and implementation of its plan for the immediately

1949

following 6-month period. Reasonable and prudent unreimbursed

1950

costs projected to be incurred, or any portion of such costs, may

1951

be added to the rates which would otherwise be charged by a

1952

utility upon approval by the commission, provided that the

1953

commission shall not allow the recovery of the cost of any

1954

company image-enhancing advertising or of any advertising not

1955

directly related to an approved conservation program. Following

1956

each 6-month period, each utility shall report the actual results

1957

for that period to the commission, and the difference, if any,

1958

between actual and projected results shall be taken into account

1959

in succeeding periods. The state plan as submitted for

1960

consideration under the National Energy Conservation Policy Act

1961

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

1962

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

1963

commission shall be the responsible state agency for performing,

1964

coordinating, implementing, or administering the functions of the

1965

state plan submitted for consideration under the National Energy

1966

Conservation Policy Act and any acts amendatory thereof or

1967

supplemental thereto and for performing, coordinating,

1968

implementing, or administering the functions of any future

1969

federal program delegated to the state which relates to

1970

consumption, utilization, or conservation of electricity or

1971

natural gas; and the commission shall have exclusive

1972

responsibility for preparing all reports, information, analyses,

1973

recommendations, and materials related to consumption,

1974

utilization, or conservation of electrical energy which are

1975

required or authorized by s. 377.703.

1976

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

1977

in the proceedings to adopt goals and shall file with the

1978

commission comments on the proposed goals including, but not

1979

limited to:

1980

1. An evaluation of utility load forecasts, including an

1981

assessment of alternative supply and demand side resource

1982

options.

1983

2. An analysis of various policy options which can be

1984

implemented to achieve a least-cost strategy.

1985

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

1986

requirements for energy auditors used by each utility. The

1987

commission is authorized to contract with any public agency or

1988

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

1989

other step necessary to fulfill the provisions of this

1990

subsection.

1991

(10) In evaluating the cost-effectiveness of demand-side

1992

management programs, the commission shall use methodologies that

1993

recognize the noneconomic benefits associated with reduced energy

1994

demand from energy efficiency and conservation programs and that

1995

recognize the benefits associated with not constructing new

1996

generation capacity.

1997

(11) The commission shall establish a renewable energy

1998

portfolio standard that requires electric utilities to generate

1999

or purchase a specified percentage of their electrical power from

2000

renewable energy resources of which not less than 3 percent must

2001

be solar and located within the state. Municipal and cooperative

2002

utilities that are exempt from the Florida Energy Efficiency and

2003

Conservation Act shall submit an annual report to the commission

2004

identifying the respective percentage of their electrical power

2005

that is generated or purchased from such renewable energy

2006

resources. The commission may adopt rules to administer this

2007

subsection.

2008

Section 27. Paragraph (d) of subsection (1) of section

2009

366.8255, Florida Statutes, is amended to read:

2010

366.8255 Environmental cost recovery.--

2011

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

2012

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

2013

expenses incurred by an electric utility in complying with

2014

environmental laws or regulations, including, but not limited to:

2015

1. Inservice capital investments, including the electric

2016

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

2017

2. Operation and maintenance expenses;

2018

3. Fuel procurement costs;

2019

4. Purchased power costs;

2020

5. Emission allowance costs;

2021

6. Direct taxes on environmental equipment; and

2022

7. Costs or expenses prudently incurred by an electric

2023

utility pursuant to an agreement entered into on or after the

2024

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

2025

the electric utility and the Florida Department of Environmental

2026

Protection or the United States Environmental Protection Agency

2027

for the exclusive purpose of ensuring compliance with ozone

2028

ambient air quality standards by an electrical generating

2029

facility owned by the electric utility;.

2030

8. Costs or expenses prudently incurred for scientific

2031

research and geological assessments of carbon capture and storage

2032

for the purpose of reducing an electric utility's greenhouse gas

2033

emissions as defined in s. 403.44 when such costs or expenses are

2034

incurred in joint research projects with this state's government

2035

agencies and universities; and

2036

9. Costs or expenses prudently incurred for the

2037

quantification, reporting, and verification of greenhouse gas

2038

emissions by third parties as required for participation in

2039

emission registries.

2040

Section 28. Section 366.93, Florida Statutes, is amended to

2041

read:

2042

366.93 Cost recovery for the siting, design, licensing, and

2043

construction of nuclear and integrated gasification combined

2044

cycle power plants.--

2045

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

2046

(a) "Cost" includes, but is not limited to, all capital

2047

investments, including rate of return, any applicable taxes, and

2048

all expenses, including operation and maintenance expenses,

2049

related to or resulting from the siting, licensing, design,

2050

construction, or operation of the nuclear power plant and any

2051

new, enlarged, or relocated electrical transmission lines or

2052

facilities of any size which are necessary to serve the nuclear

2053

or integrated gasification combined cycle power plant.

2054

(b) "Electric utility" or "utility" has the same meaning as

2055

that provided in s. 366.8255(1)(a).

2056

2057

"plant" is an electrical power plant as defined in s. 403.503(14)

2058

which s. 403.503(13) that uses synthesis gas produced by

2059

integrated gasification technology.

2060

(c)(d) "Nuclear power plant" or "plant" means is an

2061

electrical power plant, as defined in s. 403.503(14), which s.

2062

403.503(13) that uses nuclear materials for fuel.

2063

(d)(e) "Power plant" or "plant" means a nuclear power plant

2064

or an integrated gasification combined cycle power plant.

2065

(e)(f) "Preconstruction" is that period of time after a

2066

site, including any related electrical transmission lines or

2067

facilities, has been selected through and including the date the

2068

utility completes site-clearing site clearing work.

2069

Preconstruction costs shall be afforded deferred accounting

2070

treatment and shall accrue a carrying charge equal to the

2071

utility's allowance for funds during construction (AFUDC) rate

2072

until recovered in rates.

2073

(2) Within 6 months after the enactment of this act, the

2074

commission shall establish, by rule, alternative cost recovery

2075

mechanisms for the recovery of costs incurred in the siting,

2076

design, licensing, and construction of a nuclear power plant,

2077

including new, expanded, or relocated electrical transmission

2078

lines and facilities that are necessary to serve the nuclear or

2079

integrated gasification combined cycle power plant. Such

2080

mechanisms shall be designed to promote utility investment in

2081

nuclear or integrated gasification combined cycle power plants

2082

and allow for the recovery in rates of all prudently incurred

2083

costs, and shall include, but need are not be limited to:

2084

(a) Recovery through the capacity cost recovery clause of

2085

any preconstruction costs.

2086

(b) Recovery through an incremental increase in the

2087

utility's capacity cost recovery clause rates of the carrying

2088

costs on the utility's projected construction cost balance

2089

associated with the nuclear or integrated gasification combined

2090

cycle power plant. To encourage investment and provide certainty,

2091

for nuclear or integrated gasification combined cycle power plant

2092

need petitions submitted on or before December 31, 2010,

2093

associated carrying costs shall be equal to the pretax AFUDC in

2094

effect upon this act becoming law. For nuclear or integrated

2095

gasification combined cycle power plants for which need petitions

2096

are submitted after December 31, 2010, the utility's existing

2097

pretax AFUDC rate is presumed to be appropriate unless determined

2098

otherwise by the commission in the determination of need for the

2099

nuclear or integrated gasification combined cycle power plant.

2100

(3) After a petition for determination of need is granted,

2101

a utility may petition the commission for cost recovery as

2102

permitted by this section and commission rules.

2103

(4) When the nuclear or integrated gasification combined

2104

cycle power plant is placed in commercial service, the utility

2105

shall be allowed to increase its base rate charges by the

2106

projected annual revenue requirements of the nuclear or

2107

integrated gasification combined cycle power plant based on the

2108

jurisdictional annual revenue requirements of the plant for the

2109

first 12 months of operation. The rate of return on capital

2110

investments shall be calculated using the utility's rate of

2111

return last approved by the commission prior to the commercial

2112

inservice date of the nuclear or integrated gasification combined

2113

cycle power plant. If any existing generating plant is retired as

2114

a result of operation of the nuclear or integrated gasification

2115

combined cycle power plant, the commission shall allow for the

2116

recovery, through an increase in base rate charges, of the net

2117

book value of the retired plant over a period not to exceed 5

2118

years.

2119

(5) The utility shall report to the commission annually the

2120

budgeted and actual costs as compared to the estimated inservice

2121

cost of the nuclear or integrated gasification combined cycle

2122

power plant provided by the utility pursuant to s. 403.519(4),

2123

until the commercial operation of the nuclear or integrated

2124

gasification combined cycle power plant. The utility shall

2125

provide such information on an annual basis following the final

2126

order by the commission approving the determination of need for

2127

the nuclear or integrated gasification combined cycle power

2128

plant, with the understanding that some costs may be higher than

2129

estimated and other costs may be lower.

2130

(6) If In the event the utility elects not to complete or

2131

is precluded from completing construction of the nuclear power

2132

plant, including any new, expanded, or relocated electrical

2133

transmission lines or facilities or integrated gasification

2134

combined cycle power plant, the utility shall be allowed to

2135

recover all prudent preconstruction and construction costs

2136

incurred following the commission's issuance of a final order

2137

granting a determination of need for the nuclear power plant and

2138

electrical transmission lines and facilities or integrated

2139

gasification combined cycle power plant. The utility shall

2140

recover such costs through the capacity cost recovery clause over

2141

a period equal to the period during which the costs were incurred

2142

or 5 years, whichever is greater. The unrecovered balance during

2143

the recovery period will accrue interest at the utility's

2144

weighted average cost of capital as reported in the commission's

2145

earnings surveillance reporting requirement for the prior year.

2146

Section 29. Section 377.601, Florida Statutes, is amended

2147

to read:

2148

377.601 Legislative intent.--

2149

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

2150

can be increased by lessening dependence on foreign oil, that the

2151

impacts of global climate change can be reduced through the

2152

reduction of greenhouse gas emissions, and that the

2153

implementation of alternative energy technologies can be the

2154

source of new jobs and employment opportunities for many

2155

Floridians. The Legislature further finds that this state is

2156

positioned at the front line against potential impacts of global

2157

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

2158

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

2159

make this state's communities more resilient and less vulnerable

2160

to these impacts. In focusing the government's policy and efforts

2161

to protect this state, its residents, and resources, the

2162

Legislature believes that a single government entity that has

2163

energy and climate change as its specific focus is both desirable

2164

and advantageous. the ability to deal effectively with present

2165

shortages of resources used in the production of energy is

2166

aggravated and intensified because of inadequate or nonexistent

2167

information and that intelligent response to these problems and

2168

to the development of a state energy policy demands accurate and

2169

relevant information concerning energy supply, distribution, and

2170

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

2171

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

2172

is essential to the development and maintenance of an energy

2173

profile defining the characteristics and magnitudes of present

2174

and future energy demands and availability so that the state may

2175

rationally deal with present energy problems and anticipate

2176

future energy problems.

2177

(2) The Legislature further recognizes that every state

2178

official dealing with energy problems should have current and

2179

reliable information on the types and quantity of energy

2180

resources produced, imported, converted, distributed, exported,

2181

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

2182

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

2183

this act to provide the necessary mechanisms for the effective

2184

development of information necessary to rectify the present lack

2185

of information which is seriously handicapping the state's

2186

ability to deal effectively with the energy problem. To this end,

2187

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

2188

broadest possible interpretation consistent with the stated

2189

legislative desire to procure vital information.

2190

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

2191

(a) Recognize and address the potential impacts of global

2192

climate change wherever possible. Develop and promote the

2193

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

2194

energy waste.

2195

(b) Play a leading role in developing and instituting

2196

energy management programs aimed at promoting energy

2197

conservation, energy security, and the reduction of greenhouse

2198

gas emissions.

2199

2200

and local planning.

2201

(d) Utilize and manage effectively energy resources used

2202

within state agencies.

2203

(e) Encourage local governments to include energy

2204

considerations in all planning and to support their work in

2205

promoting energy management programs.

2206

(f) Include the full participation of citizens in the

2207

development and implementation of energy programs.

2208

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

2209

economic sector, including residential, industrial, commercial,

2210

agricultural, and governmental uses, and to reduce those needs

2211

whenever possible.

2212

(h) Promote energy education and the public dissemination

2213

of information on energy and its environmental, economic, and

2214

social impact.

2215

(i) Encourage the research, development, demonstration, and

2216

application of alternative energy resources, particularly

2217

renewable energy resources.

2218

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

2219

security, and environmental impacts of energy-related activities,

2220

including the whole life-cycle impacts of any potential energy

2221

use choices, so that detrimental effects of these activities are

2222

understood and minimized.

2223

(k) Develop and maintain energy emergency preparedness

2224

plans to minimize the effects of an energy shortage within

2225

Florida.

2226

Section 30. Subsection (1) and paragraph (f) of subsection

2227

(3) of section 377.703, Florida Statutes, are amended to read:

2228

377.703 Additional functions of the Department of

2229

Environmental Protection; energy emergency contingency plan;

2230

federal and state conservation programs.--

2231

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

2232

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

2233

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

2234

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

2235

efficient, effective, and economical management of energy

2236

problems, centralize energy coordination responsibilities,

2237

pinpoint responsibility for conducting energy programs, and

2238

ensure the accountability of state agencies for the

2239

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

2240

policy. It is the specific intent of the Legislature that nothing

2241

in this act shall in any way change the powers, duties, and

2242

responsibilities assigned by the Florida Electrical Power Plant

2243

Siting Act, part II of chapter 403, or the powers, duties, and

2244

responsibilities of the Florida Public Service Commission.

2245

(3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; DUTIES.--The

2246

Department of Environmental Protection shall, in addition to

2247

assuming the duties and responsibilities provided by ss. 20.255

2248

and 377.701, perform the following functions consistent with the

2249

development of a state energy policy:

2250

(f) The department shall make a report, as requested by the

2251

Governor or the Legislature, reflecting its activities and making

2252

recommendations of policies for improvement of the state's

2253

response to energy supply and demand and its effect on the

2254

health, safety, and welfare of the people of Florida. The report

2255

shall include a report from the Florida Public Service Commission

2256

on electricity and natural gas and information on energy

2257

conservation programs conducted and under way in the past year

2258

and shall include recommendations for energy conservation

2259

programs for the state, including, but not limited to, the

2260

following factors:

2261

1. Formulation of specific recommendations for improvement

2262

in the efficiency of energy utilization in governmental,

2263

residential, commercial, industrial, and transportation sectors.

2264

2. Collection and dissemination of information relating to

2265

energy conservation.

2266

3. Development and conduct of educational and training

2267

programs relating to energy conservation.

2268

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

2269

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

2270

policy, and recommendations for better fulfilling this policy.

2271

Section 31. Section 377.804, Florida Statutes, is amended

2272

to read:

2273

377.804 Renewable Energy and Energy-Efficient Technologies

2274

Grants Program.--

2275

(1) The Renewable Energy and Energy-Efficient Technologies

2276

Grants Program is established within the department to provide

2277

renewable energy matching grants for demonstration,

2278

commercialization, research, and development projects relating to

2279

renewable energy technologies and innovative technologies that

2280

significantly increase energy efficiency for vehicles and

2281

commercial buildings.

2282

(2) Matching grants for renewable energy technology

2283

demonstration, commercialization, research, and development

2284

projects may be made to any of the following:

2285

(a) Municipalities and county governments.

2286

(b) Established for-profit companies licensed to do

2287

business in the state.

2288

2289

(d) Utilities located and operating within the state.

2290

(e) Not-for-profit organizations.

2291

(f) Other qualified persons, as determined by the

2292

department.

2293

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

2294

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

2295

provide for ranking of applications, and administer the awarding

2296

of grants under this program, and develop policy requiring

2297

grantees to provide royalty-sharing or licensing agreements with

2298

the state for commercialized products developed under a state

2299

grant.

2300

(4) Factors the department shall consider in awarding

2301

grants include, but are not limited to:

2302

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

2303

contributions applied to the total project from an applicant. The

2304

department shall give greater preference to projects that provide

2305

such matching funds or other in-kind contributions.

2306

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

2307

capital investment and economic development in metropolitan and

2308

rural areas, including the creation of jobs and the future

2309

development of a commercial market for renewable energy

2310

technologies.

2311

2312

demonstrated to be technically feasible based on pilot project

2313

demonstrations, laboratory testing, scientific modeling, or

2314

engineering or chemical theory that supports the proposal.

2315

(d) The degree to which the project incorporates an

2316

innovative new technology or an innovative application of an

2317

existing technology.

2318

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

2319

mechanical, or electrical energy by means of a renewable energy

2320

resource that has substantial long-term production potential.

2321

(f) The degree to which a project demonstrates efficient

2322

use of energy and material resources.

2323

(g) The degree to which the project fosters overall

2324

understanding and appreciation of renewable energy technologies.

2325

(h) The ability to administer a complete project.

2326

(i) Project duration and timeline for expenditures.

2327

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

2328

conducted in relation to other projects.

2329

(k) The degree of public visibility and interaction.

2330

(5) The department shall solicit the expertise of other

2331

state agencies in evaluating project proposals. State agencies

2332

shall cooperate with the Department of Environmental Protection

2333

and provide such assistance as requested.

2334

(6) Each application must be accompanied by an affidavit

2335

from the applicant attesting to the veracity of the statements

2336

contained in the application.

2337

Section 32. Section 377.806, Florida Statutes, is amended

2338

to read:

2339

377.806 Solar Energy System Incentives Program.--

2340

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

2341

established within the department to provide financial incentives

2342

for the purchase and installation of solar energy systems. Any

2343

resident of the state who purchases and installs a new solar

2344

energy system of 2 kilowatts or larger for a solar photovoltaic

2345

system, a solar energy system that provides at least 50 percent

2346

of a building's hot water consumption for a solar thermal system,

2347

or a solar thermal pool heater, from July 1, 2006, through June

2348

30, 2010, is eligible for a rebate on a portion of the purchase

2349

price of that solar energy system.

2350

(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

2351

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

2352

qualifies for a rebate if:

2353

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

2354

electrician, electrical contractor, or solar contractor.

2355

2. The system complies with state interconnection standards

2356

as provided by the commission.

2357

3. The system complies with all applicable building codes

2358

as defined by the Florida Building Code local jurisdictional

2359

authority.

2360

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

2361

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

2362

maximum allowable rebate per solar photovoltaic system

2363

installation shall be as follows:

2364

1. Twenty thousand dollars for a residence.

2365

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

2366

publicly owned or operated facility, or a facility owned or

2367

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

2368

condominiums or apartment buildings.

2369

(3) SOLAR THERMAL SYSTEM INCENTIVE.--

2370

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

2371

qualifies for a rebate if:

2372

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

2373

plumbing contractor.

2374

2. The system complies with all applicable building codes

2375

as defined by the Florida Building Code local jurisdictional

2376

authority.

2377

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

2378

solar thermal systems shall be as follows:

2379

1. Five hundred dollars for a residence.

2380

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

2381

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

2382

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

2383

organization, including condominiums or apartment buildings. Btu

2384

must be verified by approved metering equipment.

2385

(4) SOLAR THERMAL POOL HEATER INCENTIVE.--

2386

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

2387

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

2388

licensed solar or plumbing contractor and the system complies

2389

with all applicable building codes as defined by the Florida

2390

Building Code local jurisdictional authority.

2391

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

2392

solar thermal pool heaters shall be $100 per installation.

2393

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

2394

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

2395

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

2396

and publish on a regular basis the amount of rebate funds

2397

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

2398

rebates issued by the department is subject to the total amount

2399

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

2400

are insufficient during the current fiscal year, any requests for

2401

rebates received during that fiscal year may be processed during

2402

the following fiscal year. Requests for rebates received in a

2403

fiscal year that are processed during the following fiscal year

2404

shall be given priority over requests for rebates received during

2405

the following fiscal year.

2406

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

2407

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

2408

administer the issuance of rebates.

2409

Section 33. Section 377.901, Florida Statutes, is amended

2410

to read:

2411

377.901 Florida Energy Commission.--

2412

(1) The Florida Energy Commission is created and shall be

2413

located within the Executive Office of the Governor Office of

2414

Legislative Services for administrative purposes. The commission

2415

shall be comprised of a total of nine members.

2416

(a) The members shall be appointed as follows: seven

2417

members shall be appointed by the Governor, and the Commissioner

2418

of Agriculture and the Chief Financial Officer shall each appoint

2419

one member. The Governor shall select the chair of the commission

2420

from his or her appointments the President of the Senate and the

2421

Speaker of the House of Representatives shall appoint four

2422

members each and shall jointly appoint the ninth member, who

2423

shall serve as chair. Members shall be appointed to 3-year 2-year

2424

terms; however, in order to establish staggered terms, for the

2425

initial appointments, three of the members appointed by the

2426

Governor and each of those appointed by the Commissioner of

2427

Agriculture and the Chief Financial Officer shall be appointed to

2428

a 2-year term each appointing official shall appoint two members

2429

to a 1-year term and two members to a 2-year term.

2430

(b) The appointees to the commission shall be selected from

2431

a list of persons nominated by the Florida Public Service

2432

Commission Nominating Council created in s. 350.031. The council

2433

shall, at a minimum, submit three names for every vacancy. The

2434

council shall not link names to any specific vacancy on the

2435

commission.

2436

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

2437

Chief Financial Officer may submit prospective names to the

2438

council for its consideration.

2439

2. The council shall submit the list of nominees to the

2440

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

2441

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

2442

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

2443

3. Upon receipt of the nominees the Governor shall make his

2444

or her selections. After the Governor has selected his or her

2445

nominees, the list shall be given to the Commissioner of

2446

Agriculture and the Chief Financial Officer who shall make their

2447

selections.

2448

4. The appointing officers shall fill a vacancy occurring

2449

on the commission by appointment of one of the applicants

2450

nominated by the council only after a background investigation of

2451

such applicant has been conducted by the Department of Law

2452

Enforcement.

2453

5. Each vacancy on the commission shall be filled for the

2454

unexpired portion of the term in the same manner as the original

2455

appointment to the commission.

2456

6. If the appointing officers have not made an appointment

2457

within 30 consecutive calendar days after the receipt of the

2458

recommendations, the council shall initiate, in accordance with

2459

this section, the nominating process within 30 days.

2460

7. Each appointment to the commission shall be subject to

2461

confirmation by the Senate during the next regular session after

2462

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

2463

consider the appointment, the council shall initiate, in

2464

accordance with this section, the nominating process within 30

2465

days.

2466

8. The Governor, the Commissioner of Agriculture, or the

2467

Chief Financial Officer or their successors may recall an

2468

appointee.

2469

2470

restrictions:

2471

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

2472

following fields: energy, natural resource conservation,

2473

economics, engineering, finance, law, consumer protection, state

2474

energy policy, transportation and land use, or another field

2475

substantially related to the duties and functions of the

2476

commission. The commission shall fairly represent the fields

2477

specified in this subparagraph.

2478

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

2479

each commission meeting during his or her term of office,

2480

disclose:

2481

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

2482

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

2483

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

2484

affiliate or subsidiary of, any business entity that may profit

2485

by the policy recommendations developed by the commission.

2486

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

2487

business activity with any business entity that, directly or

2488

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

2489

of, any business entity that may profit by the policy

2490

recommendations developed by the commission.

2491

(d)(b) The following may also attend meetings and provide

2492

information and advise at the request of the chair:

2493

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

2494

his or her designee.

2495

2. The Public Counsel, or his or her designee.

2496

3. The Commissioner of Agriculture, or his or her designee.

2497

3.4. The Director of the Office of Insurance Regulation, or

2498

his or her designee.

2499

4.5. The State Surgeon General, or his or her designee.

2500

5.6. The chair of the State Board of Education, or his or

2501

her designee.

2502

6.7. The Secretary of Community Affairs, or his or her

2503

designee.

2504

7.8. The Secretary of Transportation, or his or her

2505

designee.

2506

8.9. The Secretary of Environmental Protection, or his or

2507

her designee.

2508

(2) Members shall serve without compensation but are

2509

entitled to reimbursement for per diem and travel expenses as

2510

provided in s. 112.061.

2511

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

2512

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

2513

the commission must meet at least four times twice each year.

2514

(4)(a) The commission may employ staff to assist in the

2515

performance of its duties, including an executive director, an

2516

attorney, a communications staff member, and an executive

2517

assistant.

2518

(b) The commission may form advisory groups consisting of

2519

members of the public to provide information on specific issues.

2520

(5) The commission shall develop recommendations for

2521

legislation to establish a state energy policy. The

2522

recommendations of the commission shall be based on the guiding

2523

principles of reliability, efficiency, affordability, and

2524

diversity as provided in subsection (7). The commission shall

2525

continually review the state energy policy and shall recommend to

2526

the Legislature any additional necessary changes or improvements.

2527

(6)(a) The commission shall report by December 31 of each

2528

year to the President of the Senate and the Speaker of the House

2529

of Representatives on its progress and recommendations, including

2530

draft legislation.

2531

(b) The commission's initial report must be filed by

2532

December 31, 2007, and must identify incentives for research,

2533

development, or deployment projects involving the goals and

2534

issues set forth in this section; set forth policy

2535

recommendations for conservation of all forms of energy; and set

2536

forth a plan of action, together with a timetable, for addressing

2537

additional issues.

2538

2539

consensus-based public-involvement processes that evaluate

2540

greenhouse gas emissions in this state and make recommendations

2541

regarding related economic, energy, and environmental benefits.

2542

(d) The report must include recommended steps and a

2543

schedule for the development of a comprehensive state climate

2544

action plan with greenhouse gas reduction through a public-

2545

involvement process, including transportation and land use; power

2546

generation; residential, commercial, and industrial activities;

2547

waste management; agriculture and forestry; emissions-reporting

2548

systems; and public education.

2549

(7) In developing its recommendations, the commission shall

2550

be guided by the principles of reliability, efficiency,

2551

affordability, and diversity, and more specifically as follows:

2552

(a) The state should have a reliable electric supply with

2553

adequate reserves.

2554

(b) The transmission and delivery of electricity should be

2555

reliable.

2556

2557

electricity should be accomplished with the least detriment to

2558

the environment and public health.

2559

(d) The generation, transmission, and delivery of

2560

electricity should be accomplished compatibly with the goals for

2561

growth management.

2562

(e) Electricity generation, transmission, and delivery

2563

facilities should be reasonably secure from damage, taking all

2564

factors into consideration, and recovery from damage should be

2565

prompt.

2566

(f) Electric rates should be affordable, as to base rates

2567

and all recovery-clause additions, with sufficient incentives for

2568

utilities to achieve this goal.

2569

(g) The state should have a reliable supply of motor

2570

vehicle fuels, both under normal circumstances and during

2571

hurricanes and other emergency situations.

2572

(h) In-state research, development, and deployment of

2573

alternative energy technologies and alternative motor vehicle

2574

fuels should be encouraged.

2575

(i) When possible, the resources of the state should be

2576

used in achieving the goals enumerated in this subsection.

2577

(j) Consumers of energy should be encouraged and given

2578

incentives to be more efficient in their use of energy.

2579

(8) The commission shall also:

2580

(a) Complete the annual assessment of the efficacy of

2581

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

2582

by the Governor's Action Team on Energy and Climate Change,

2583

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

2584

specific recommendations to the Governor and the Legislature each

2585

year, as part of its annual reporting requirements, to improve

2586

results.

2587

(b) Advocate for energy and climate change issues and

2588

provide educational outreach and technical assistance in

2589

cooperation with Florida's academic institutions and the Florida

2590

Energy Systems Consortium.

2591

2592

It is the specific intent of the Legislature that nothing in this

2593

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

2594

responsibilities of the Public Service Commission or the powers,

2595

duties, and responsibilities assigned by the Florida Electrical

2596

Power Plant Siting Act, ss. 403.501-403.518.

2597

Section 34. Section 377.921, Florida Statutes, is created

2598

to read:

2599

377.921 Qualified solar energy system program.--The

2600

Legislature finds that qualified solar energy systems provide

2601

fuel savings and can help protect against future electricity and

2602

natural gas shortages, reduce the state's dependence on foreign

2603

sources of energy, and improve environmental conditions. The

2604

Legislature further finds that the deployment of qualified solar

2605

energy systems advances Florida's goals of promoting energy

2606

efficiency and the development of renewable energy resources.

2607

Therefore, the Legislature finds that it is in the public

2608

interest to encourage public utilities to develop and implement

2609

programs that promote the deployment and use of qualified solar

2610

energy systems.

2611

(2) As used in this section:

2612

(a) "Qualified solar energy system" means a solar thermal

2613

water heating system installed at a customer's premises.

2614

(b) "Public utility" or "utility" means a utility as defined

2615

in s. 366.02(1).

2616

2617

utility and approved by the commission pursuant to subsection (5)

2618

under which the utility facilitates the installation of solar

2619

thermal water heating systems at a utility customer's premises.

2620

(d) "Program fuel cost savings" means the total fuel cost

2621

savings that a utility is projected to achieve from all solar

2622

thermal water heating systems installed at a customer's premises

2623

over the life of the qualified solar energy system.

2624

(e) "Program costs" means all costs incurred in implementing

2625

an eligible program, including, but not limited to:

2626

1. In service capital investments, including the utility's

2627

last authorized rate of return thereon; and

2628

2. Operating and maintenance expense, including, but not

2629

limited, to labor, overhead, materials, advertising, marketing,

2630

customer incentives, or rebates.

2631

(3) Notwithstanding any provision in chapter 366 or rule to

2632

the contrary, a public utility shall be allowed to recover

2633

through the energy conservation cost-recovery clause, either as

2634

period expenses or by capitalizing and amortizing, all prudent

2635

and reasonable program costs incurred in implementing an eligible

2636

program. With respect to any solar hot water heating system, the

2637

amortization period shall be 5 years.

2638

(4) Notwithstanding any provision in chapter 366 or rule to

2639

the contrary, and in addition to recovery under subsection (3), a

2640

utility shall be allowed to recover through the fuel cost-

2641

recovery clause beginning in the year each solar thermal water

2642

heating system begins operation 10 percent of any such program

2643

fuel cost savings until the utility undergoes its next rate

2644

proceeding before the commission. The remaining 90 percent of

2645

fuel saving shall be returned to the utility's customers through

2646

the fuel cost-recovery clause.

2647

(5) Notwithstanding any provision in chapter 366 or rule to

2648

the contrary, the commission shall enter an order approving a

2649

public utility's qualified solar energy system program if the

2650

utility demonstrates in a petition that:

2651

(a) The qualified solar energy systems to be installed as

2652

part of the program at minimum meet applicable Solar Rating and

2653

Certification Corporation OG-30 certification requirements.

2654

(b) The qualified solar energy systems are constructed and

2655

installed in conformity with the manufacturer's specifications

2656

and all applicable codes and standards.

2657

(6) Within 60 days after receiving a petition to approve a

2658

qualified solar energy system program, the commission shall

2659

approve the petition or inform the utility of any deficiencies

2660

therein. If the commission informs the utility of deficiencies,

2661

the utility may correct those deficiencies and refile its

2662

petition to approve the qualified solar energy system program.

2663

(7) In order to encourage public utilities to promote the

2664

deployment and use of qualified solar energy systems, the public

2665

utility shall own the renewable attributes or benefits associated

2666

with the energy output of a qualified solar energy system

2667

installed pursuant to an eligible program, including any

2668

renewable energy credit or other instrument issued as a result of

2669

the utility's eligible program.

2670

Section 35. Paragraph (c) of subsection (3) of section

2671

380.23, Florida Statutes, is amended to read:

2672

380.23 Federal consistency.--

2673

(3) Consistency review shall be limited to review of the

2674

following activities, uses, and projects to ensure that such

2675

activities, uses, and projects are conducted in accordance with

2676

the state's coastal management program:

2677

2678

land or water uses when such activities are in or seaward of the

2679

jurisdiction of local governments required to develop a coastal

2680

zone protection element as provided in s. 380.24 and when such

2681

activities involve:

2682

1. Permits and licenses required under the Rivers and

2683

Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.

2684

2. Permits and licenses required under the Marine

2685

Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.

2686

1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.

2687

3. Permits and licenses required under the Federal Water

2688

Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as

2689

amended, unless such permitting activities have been delegated to

2690

the state pursuant to said act.

2691

4. Permits and licenses relating to the transportation of

2692

hazardous substance materials or transportation and dumping which

2693

are issued pursuant to the Hazardous Materials Transportation

2694

Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.

2695

1321, as amended.

2696

5. Permits and licenses required under 15 U.S.C. ss. 717-

2697

717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-

2698

1356 for construction and operation of interstate gas pipelines

2699

and storage facilities.

2700

6. Permits and licenses required for the siting and

2701

construction of any new electrical power plants as defined in s.

2702

403.503(14) s. 403.503(13), as amended, and the licensing and

2703

relicensing of hydroelectric power plants under the Federal Power

2704

Act, 16 U.S.C. ss. 791a et seq., as amended.

2705

7. Permits and licenses required under the Mining Law of

2706

1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands

2707

Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral

2708

Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as

2709

amended; the Federal Land Policy and Management Act, 43 U.S.C.

2710

ss. 1701 et seq., as amended; the Mining in the Parks Act, 16

2711

U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43

2712

U.S.C. ss. 1331 et seq., as amended, for drilling, mining,

2713

pipelines, geological and geophysical activities, or rights-of-

2714

way on public lands and permits and licenses required under the

2715

Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as

2716

amended.

2717

8. Permits and licenses for areas leased under the OCS

2718

Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including

2719

leases and approvals of exploration, development, and production

2720

plans.

2721

9. Permits and licenses required under the Deepwater Port

2722

Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.

2723

10. Permits required for the taking of marine mammals under

2724

the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.

2725

s. 1374.

2726

Section 36. Subsection (20) of section 403.031, Florida

2727

Statutes, is amended to read:

2728

403.031 Definitions.--In construing this chapter, or rules

2729

and regulations adopted pursuant hereto, the following words,

2730

phrases, or terms, unless the context otherwise indicates, have

2731

the following meanings:

2732

(20) "Electrical power plant" means, for purposes of this

2733

part of this chapter, any electrical generating facility that

2734

uses any process or fuel and that is owned or operated by an

2735

electric utility, as defined in s. 403.503(14) s. 403.503(13),

2736

and includes any associated facility that directly supports the

2737

operation of the electrical power plant.

2738

Section 37. Section 403.44, Florida Statutes, is created to

2739

read:

2740

403.44 Florida Climate Protection Act.--

2741

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

2742

this state to document, to the greatest extent practicable,

2743

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

2744

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

2745

GHG emissions reductions.

2746

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

2747

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

2748

through allotments or auction which represents an authorization

2749

to emit specific amounts of greenhouse gases, as further defined

2750

in department rule.

2751

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

2752

administrative approach used to control pollution by providing a

2753

limit on total allowable emissions, providing for allowances to

2754

emit pollutants, and providing for the transfer of the allowances

2755

among pollutant sources as a means of compliance with emission

2756

limits.

2757

2758

nitrogen oxide, and fluorinated gases such as hydrofluorocarbons,

2759

perfluorocarbons, and sulfur hexafluoride.

2760

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

2761

is achieved in one location subject to emission control

2762

regulation by increased emissions in unregulated locations.

2763

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

2764

under this chapter.

2765

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

2766

purposes of emission registration and reporting.

2767

(4) The Department of Environmental Protection shall

2768

establish the methodologies, reporting periods, and reporting

2769

systems that must be used when major emitters report to The

2770

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

2771

assured data from continuous emissions-monitoring systems.

2772

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

2773

regulatory program to reduce greenhouse gas emissions from major

2774

emitters. When developing the rules, the department shall consult

2775

with the Governor's Action Team on Energy and Climate Change, the

2776

Public Service Commission, and the Florida Energy Commission. The

2777

rules shall not become effective until ratified by the

2778

Legislature.

2779

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

2780

include, but are not limited to:

2781

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

2782

emitted by major emitters.

2783

(b) Methods, requirements, and conditions for allocating

2784

the cap among major emitters.

2785

2786

allowances and the process for issuing emissions allowances.

2787

(d) The relationship between allowances and the specific

2788

amounts of greenhouse gases they represent.

2789

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

2790

emitters, including a registry, tracking, or accounting system

2791

for such trades.

2792

(f) Cost-containment mechanisms in order to reduce price

2793

and cost risks associated with the electric generation market in

2794

this state.

2795

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

2796

authority to discourage leakage of GHG emissions to neighboring

2797

states attributable to the implementation of this program.

2798

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

2799

allowances before full implementation of a trading system.

2800

(i) Other requirements necessary or desirable to implement

2801

this section.

2802

Section 38. Present subsections (3) through (30) of section

2803

403.503, Florida Statutes, are redesignated as subsections (4)

2804

through (31), respectively, a new subsection (3) is added to that

2805

section, and present subsection (10) of that section is amended,

2806

to read:

2807

403.503 Definitions relating to Florida Electrical Power

2808

Plant Siting Act.--As used in this act:

2809

(3) "Alternate corridor" means an area that is proposed by

2810

the applicant or a third party within which all or part of an

2811

associated electrical transmission line right-of-way is to be

2812

located and that is different from the preferred transmission

2813

line corridor proposed by the applicant. The width of the

2814

alternate corridor proposed for certification for an associated

2815

electrical transmission line may be the width of the proposed

2816

right-of-way or a wider boundary not to exceed a width of 1 mile.

2817

The area within the alternate corridor may be further restricted

2818

as a condition of certification. The alternate corridor may

2819

include alternate electrical substation sites if the applicant

2820

has proposed an electrical substation as part of the portion of

2821

the proposed electrical transmission line.

2822

(11)(10) "Corridor" means the proposed area within which an

2823

associated linear facility right-of-way is to be located. The

2824

width of the corridor proposed for certification as an associated

2825

facility, at the option of the applicant, may be the width of the

2826

right-of-way or a wider boundary, not to exceed a width of 1

2827

mile. The area within the corridor in which a right-of-way may be

2828

located may be further restricted by a condition of

2829

certification. After all property interests required for the

2830

right-of-way have been acquired by the licensee, the boundaries

2831

of the area certified shall narrow to only that land within the

2832

boundaries of the right-of-way. The corridors proposed for

2833

certification shall be those addressed in the application, in

2834

amendments to the application filed under s. 403.5064, and in

2835

notices of acceptance of proposed alternate corridors filed by an

2836

applicant and the department pursuant to s. 403.5271, as

2837

incorporated by reference in s. 403.5064(1)(b), for which the

2838

required information for the preparation of agency supplemental

2839

reports was filed.

2840

Section 39. Present subsections (9) through (12) of section

2841

403.504, Florida Statutes, are redesignated as subsections (10)

2842

through (13), respectively, and a new subsection (9) is added to

2843

that section, to read:

2844

403.504 Department of Environmental Protection; powers and

2845

duties enumerated.--The department shall have the following

2846

powers and duties in relation to this act:

2847

(9) To determine whether an alternate corridor proposed for

2848

consideration under s. 403.5064(4) is acceptable.

2849

Section 40. Subsection (1) of section 403.506, Florida

2850

Statutes, is amended, and subsection (3) is added to that

2851

section, to read:

2852

403.506 Applicability, thresholds, and certification.--

2853

(1) The provisions of this act shall apply to any

2854

electrical power plant as defined herein, except that the

2855

provisions of this act shall not apply to any electrical power

2856

plant or steam generating plant of less than 75 megawatts in

2857

gross capacity including its associated facilities or to any

2858

substation to be constructed as part of an associated

2859

transmission line unless the applicant has elected to apply for

2860

certification of such electrical power plant or substation under

2861

this act. The provisions of this act shall not apply to any unit

2862

capacity expansions expansion of 75 35 megawatts or less, in the

2863

aggregate, of an existing exothermic reaction cogeneration

2864

electrical generating facility unit that was exempt from this act

2865

when it was originally built; however, this exemption shall not

2866

apply if the unit uses oil or natural gas for purposes other than

2867

unit startup. No construction of any new electrical power plant

2868

or expansion in steam generating capacity as measured by an

2869

increase in the maximum electrical generator rating of any

2870

existing electrical power plant may be undertaken after October

2871

1, 1973, without first obtaining certification in the manner as

2872

herein provided, except that this act shall not apply to any such

2873

electrical power plant which is presently operating or under

2874

construction or which has, upon the effective date of chapter 73-

2875

33, Laws of Florida, applied for a permit or certification under

2876

requirements in force prior to the effective date of such act.

2877

(3) An electric utility may obtain separate licenses,

2878

permits, and approvals for the construction of facilities

2879

necessary to construct an electrical power plant without first

2880

obtaining certification under this act if the utility intends to

2881

locate, license, and construct a proposed or expanded electrical

2882

power plant that uses nuclear materials as fuel. Such facilities

2883

may include, but are not limited to, access and onsite roads,

2884

rail lines, electrical transmission facilities to support

2885

construction, and facilities necessary for waterborne delivery of

2886

construction materials and project components. This exemption

2887

applies to such facilities regardless of whether the facilities

2888

are used for operation of the power plant. The applicant shall

2889

file with the department a statement that declares that the

2890

construction of such facilities is necessary for the timely

2891

construction of the proposed electrical power plant and

2892

identifies those facilities that the applicant intends to seek

2893

licenses for and construct prior to or separate from

2894

certification of the project. The facilities may be located

2895

within or off of the site for the proposed electrical power

2896

plant. The filing of an application under this act does not

2897

affect other applications for separate licenses which are pending

2898

at the time of filing the application. Furthermore, the filing of

2899

an application does not prevent an electric utility from seeking

2900

separate licenses for facilities that are necessary to construct

2901

the electrical power plant. Licenses, permits, or approvals

2902

issued by any state, regional, or local agency for such

2903

facilities shall be incorporated by the department into a final

2904

certification upon completion of construction. Any facilities

2905

necessary for construction of the electrical power plant shall

2906

become part of the certified electrical power plant upon

2907

completion of the electrical power plant's construction. The

2908

exemption in this subsection does not require or authorize agency

2909

rulemaking, and any action taken under this subsection is not

2910

subject to chapter 120. This subsection shall be given

2911

retroactive effect and applies to applications filed after May 1,

2912

2008.

2913

Section 41. Subsections (1) and (4) of section 403.5064,

2914

Florida Statutes, are amended to read:

2915

403.5064 Application; schedules.--

2916

(1) The formal date of filing of a certification

2917

application and commencement of the certification review process

2918

shall be when the applicant submits:

2919

(a) Copies of the certification application in a quantity

2920

and format as prescribed by rule to the department and other

2921

agencies identified in s. 403.507(2)(a).

2922

(b) A statement affirming that the applicant is opting to

2923

allow consideration of alternate corridors for an associated

2924

transmission line corridor. If alternate corridors are allowed,

2925

at the applicant's option, the portion of the application

2926

addressing associated transmission line corridors shall be

2927

processed pursuant to the schedule set forth in ss. 403.521-

2928

403.526 and 403.5271, including the opportunity for the filing

2929

and review of alternate corridors, if a party proposes alternate

2930

transmission line corridor routes for consideration no later than

2931

115 days before the certification hearing that is scheduled for

2932

the power plant, including any associated transmission line

2933

corridors, in accordance with s. 403.508(2).

2934

(c)(b) The application fee specified under s. 403.518 to

2935

the department.

2936

(4) Within 7 days after the filing of an application, the

2937

department shall prepare a proposed schedule of dates for

2938

determination of completeness, submission of statements of

2939

issues, submittal of final reports, and other significant dates

2940

to be followed during the certification process, including dates

2941

for filing notices of appearance to be a party pursuant to s.

2942

403.508(3). If the application includes one or more associated

2943

transmission line corridors, at the request of the applicant

2944

filed concurrently with the application, the department shall use

2945

the application processing schedule set forth in ss. 403.521-

2946

403.526 and 403.5271 for the associated transmission line

2947

corridors, including the opportunity for the filing and review of

2948

alternate corridors, if a party proposes alternate transmission

2949

line corridor routes for consideration no later than 115 days

2950

before the scheduled certification hearing. Notwithstanding an

2951

applicant's option for the transmission line corridor portion of

2952

its application to be processed under the proposed schedule, only

2953

one certification hearing shall be held for the entire power

2954

plant in accordance with s. 403.508(2). The proposed This

2955

schedule shall be timely provided by the department to the

2956

applicant, the administrative law judge, all agencies identified

2957

pursuant to subsection (2), and all parties. Within 7 days after

2958

the filing of the proposed schedule, the administrative law judge

2959

shall issue an order establishing a schedule for the matters

2960

addressed in the department's proposed schedule and other

2961

appropriate matters, if any.

2962

Section 42. Subsections (1) and (3) of section 403.50665,

2963

Florida Statutes, are amended, and subsection (7) is added to

2964

that section, to read:

2965

403.50665 Land use consistency.--

2966

(1) The applicant shall include in the application a

2967

statement on the consistency of the site, or any directly

2968

associated facilities that constitute a "development," as defined

2969

by s. 380.04, with existing land use plans and zoning ordinances

2970

that were in effect on the date the application was filed and a

2971

full description of such consistency.

2972

(3) If the local government issues a determination that the

2973

proposed electrical power plant and any directly associated

2974

facility is not consistent or in compliance with local land use

2975

plans and zoning ordinances, the applicant may apply to the local

2976

government for the necessary local approval to address the

2977

inconsistencies in the local government's determination. If the

2978

applicant makes such an application to the local government, the

2979

time schedules under this act shall be tolled until the local

2980

government issues its revised determination on land use and

2981

zoning or the applicant otherwise withdraws its application to

2982

the local government. If the applicant applies to the local

2983

government for necessary local land use or zoning approval, the

2984

local government shall issue a revised determination within 30

2985

days following the conclusion of that local proceeding, and the

2986

time schedules and notice requirements under this act shall apply

2987

to such revised determination.

2988

(7) The issue of land use and zoning consistency for any

2989

alternate intermediate electrical substation that is proposed as

2990

part of an alternate electrical transmission line corridor and

2991

that is accepted by the applicant and the department under s.

2992

403.5271(1)(b) shall be addressed in the supplementary report

2993

prepared by the local government on the proposed alternate

2994

corridor and shall be considered as an issue at any final

2995

certification hearing. If such a proposed intermediate electrical

2996

substation is determined to not be consistent with local land use

2997

plans and zoning ordinances, the alternate electrical substation

2998

shall not be certified.

2999

Section 43. Paragraph (d) of subsection (3) of section

3000

403.509, Florida Statutes, is amended, present subsections (4)

3001

through (6) of that section, are redesignated as subsections (5)

3002

through (7), respectively, and a new subsection (4) is added to

3003

that section, to read:

3004

403.509 Final disposition of application.--

3005

(3) In determining whether an application should be

3006

approved in whole, approved with modifications or conditions, or

3007

denied, the board, or secretary when applicable, shall consider

3008

whether, and the extent to which, the location of the electrical

3009

power plant and directly associated facilities and their

3010

construction and operation will:

3011

(d) Meet the electrical energy needs of the state in an

3012

orderly, reliable, and timely fashion.

3013

(4)(a) Any transmission line corridor certified by the

3014

board, or secretary if applicable, shall meet the criteria of

3015

this section. When more than one transmission line corridor is

3016

proposed for certification under s. 403.503(10) and meets the

3017

criteria of this section, the board, or secretary if applicable,

3018

shall certify the transmission line corridor that has the least

3019

adverse impact regarding the criteria in subsection (3),

3020

including costs.

3021

(b) If the board, or secretary if applicable, finds that an

3022

alternate corridor rejected pursuant to s. 403.5271 as

3023

incorporated by reference in s. 403.5064(1)(b) meets the criteria

3024

of subsection (3) and has the least adverse impact regarding the

3025

criteria in subsection (3), the board, or secretary if

3026

applicable, shall deny certification or shall allow the applicant

3027

to submit an amended application to include the corridor.

3028

3029

two or more of the corridors that comply with subsection (3) have

3030

the least adverse impacts regarding the criteria in subsection

3031

(3), including costs, and that the corridors are substantially

3032

equal in adverse impacts regarding the criteria in subsection

3033

(3), including costs, the board, or secretary if applicable,

3034

shall certify the corridor preferred by the applicant if the

3035

corridor is one proper for certification under s. 403.503(10).

3036

Section 44. Subsection (5) is added to section 403.5115,

3037

Florida Statutes, to read:

3038

403.5115 Public notice.--

3039

(5) A proponent of an alternate corridor shall publish

3040

public notices concerning the filing of a proposal for an

3041

alternate corridor; the route of the alternate corridor; the

3042

revised time schedules, if any; the filing deadline for a

3043

petition to become a party; and the date of the rescheduled

3044

certification hearing, if necessary. For purposes of this

3045

subsection, all notices must be published in a newspaper or

3046

newspapers of general circulation within the county or counties

3047

affected by the proposed alternate corridor and must comply with

3048

the requirements provided in subsection (2). The notices must be

3049

published at least 45 days before the date of the rescheduled

3050

certification hearing.

3051

Section 45. Subsection (1) of section 403.5175, Florida

3052

Statutes, is amended to read:

3053

403.5175 Existing electrical power plant site

3054

certification.--

3055

(1) An electric utility that owns or operates an existing

3056

electrical power plant as defined in s. 403.503(14) s.

3057

403.503(13) may apply for certification of an existing power

3058

plant and its site in order to obtain all agency licenses

3059

necessary to ensure compliance with federal or state

3060

environmental laws and regulation using the centrally

3061

coordinated, one-stop licensing process established by this part.

3062

An application for site certification under this section must be

3063

in the form prescribed by department rule. Applications must be

3064

reviewed and processed using the same procedural steps and

3065

notices as for an application for a new facility, except that a

3066

determination of need by the Public Service Commission is not

3067

required.

3068

Section 46. Subsection (6) is added to section 403.518,

3069

Florida Statutes, to read:

3070

403.518 Fees; disposition.--The department shall charge the

3071

applicant the following fees, as appropriate, which, unless

3072

otherwise specified, shall be paid into the Florida Permit Fee

3073

Trust Fund:

3074

(6) An application fee for an alternate corridor filed

3075

pursuant to s. 403.5064(4). The application fee shall be $750 per

3076

mile for each mile of the alternate corridor located within an

3077

existing electric transmission line right-of-way or within an

3078

existing right-of-way for a road, highway, railroad, or other

3079

aboveground linear facility, or $1,000 per mile for each mile of

3080

an electric transmission line corridor proposed to be located

3081

outside the existing right-of-way.

3082

Section 47. Subsection (4) of section 403.519, Florida

3083

Statutes, is amended to read:

3084

403.519 Exclusive forum for determination of need.--

3085

(4) In making its determination on a proposed electrical

3086

power plant using nuclear materials or synthesis gas produced by

3087

integrated gasification combined cycle power plant as fuel, the

3088

commission shall hold a hearing within 90 days after the filing

3089

of the petition to determine need and shall issue an order

3090

granting or denying the petition within 135 days after the date

3091

of the filing of the petition. The commission shall be the sole

3092

forum for the determination of this matter and the issues

3093

addressed in the petition, which accordingly shall not be

3094

reviewed in any other forum, or in the review of proceedings in

3095

such other forum. In making its determination to either grant or

3096

deny the petition, the commission shall consider the need for

3097

electric system reliability and integrity, including fuel

3098

diversity, the need for base-load generating capacity, the need

3099

for adequate electricity at a reasonable cost, and whether

3100

renewable energy sources and technologies, as well as

3101

conservation measures, are utilized to the extent reasonably

3102

available.

3103

(a) The applicant's petition shall include:

3104

1. A description of the need for the generation capacity.

3105

2. A description of how the proposed nuclear or integrated

3106

gasification combined cycle power plant will enhance the

3107

reliability of electric power production within the state by

3108

improving the balance of power plant fuel diversity and reducing

3109

Florida's dependence on fuel oil and natural gas.

3110

3. A description of and a nonbinding estimate of the cost

3111

of the nuclear or integrated gasification combined cycle power

3112

plant, including any costs associated with new, enlarged, or

3113

relocated electrical transmission lines or facilities of any size

3114

that are necessary to serve the nuclear power plant.

3115

4. The annualized base revenue requirement for the first 12

3116

months of operation of the nuclear or integrated gasification

3117

combined cycle power plant.

3118

5. Information on whether there were any discussions with

3119

any electric utilities regarding ownership of a portion of the

3120

nuclear or integrated gasification combined cycle power plant by

3121

such electric utilities.

3122

(b) In making its determination, the commission shall take

3123

into account matters within its jurisdiction, which it deems

3124

relevant, including whether the nuclear or integrated

3125

gasification combined cycle power plant will:

3126

1. Provide needed base-load capacity.

3127

2. Enhance the reliability of electric power production

3128

within the state by improving the balance of power plant fuel

3129

diversity and reducing Florida's dependence on fuel oil and

3130

natural gas.

3131

3. Provide the most cost-effective source of power, taking

3132

into account the need to improve the balance of fuel diversity,

3133

reduce Florida's dependence on fuel oil and natural gas, reduce

3134

air emission compliance costs, and contribute to the long-term

3135

stability and reliability of the electric grid.

3136

3137

Code, shall be applicable to a nuclear or integrated gasification

3138

combined cycle power plant sited under this act, including

3139

provisions for cost recovery, and an applicant shall not

3140

otherwise be required to secure competitive proposals for power

3141

supply prior to making application under this act or receiving a

3142

determination of need from the commission.

3143

(d) The commission's determination of need for a nuclear or

3144

integrated gasification combined cycle power plant shall create a

3145

presumption of public need and necessity and shall serve as the

3146

commission's report required by s. 403.507(4)(a). An order

3147

entered pursuant to this section constitutes final agency action.

3148

Any petition for reconsideration of a final order on a petition

3149

for need determination shall be filed within 5 days after the

3150

date of such order. The commission's final order, including any

3151

order on reconsideration, shall be reviewable on appeal in the

3152

Florida Supreme Court. Inasmuch as delay in the determination of

3153

need will delay siting of a nuclear or integrated gasification

3154

combined cycle power plant or diminish the opportunity for

3155

savings to customers under the federal Energy Policy Act of 2005,

3156

the Supreme Court shall proceed to hear and determine the action

3157

as expeditiously as practicable and give the action precedence

3158

over matters not accorded similar precedence by law.

3159

(e) After a petition for determination of need for a

3160

nuclear or integrated gasification combined cycle power plant has

3161

been granted, the right of a utility to recover any costs

3162

incurred prior to commercial operation, including, but not

3163

limited to, costs associated with the siting, design, licensing,

3164

or construction of the plant and new, expanded, or relocated

3165

electrical transmission lines or facilities of any size that are

3166

necessary to serve the nuclear power plant, shall not be subject

3167

to challenge unless and only to the extent the commission finds,

3168

based on a preponderance of the evidence adduced at a hearing

3169

before the commission under s. 120.57, that certain costs were

3170

imprudently incurred. Proceeding with the construction of the

3171

nuclear or integrated gasification combined cycle power plant

3172

following an order by the commission approving the need for the

3173

nuclear or integrated gasification combined cycle power plant

3174

under this act shall not constitute or be evidence of imprudence.

3175

Imprudence shall not include any cost increases due to events

3176

beyond the utility's control. Further, a utility's right to

3177

recover costs associated with a nuclear or integrated

3178

gasification combined cycle power plant may not be raised in any

3179

other forum or in the review of proceedings in such other forum.

3180

Costs incurred prior to commercial operation shall be recovered

3181

pursuant to chapter 366.

3182

Section 48. Section 403.7055, Florida Statutes, is created

3183

to read:

3184

403.7055 Methane capture.--

3185

(1) Each county is encouraged to form multicounty regional

3186

solutions to the capture and reuse or sale of methane gas from

3187

landfills and wastewater treatment facilities.

3188

(2) The department shall provide planning guidelines and

3189

technical assistance to each county to develop and implement such

3190

multicounty efforts.

3191

Section 49. Paragraph (i) of subsection (6) of section

3192

403.814, Florida Statutes, is amended to read:

3193

403.814 General permits; delegation.--

3194

(6) Construction and maintenance of electric transmission

3195

or distribution lines in wetlands by electric utilities, as

3196

defined in s. 366.02, shall be authorized by general permit

3197

provided the following provisions are implemented:

3198

(i) This subsection also applies to transmission lines and

3199

appurtenances certified pursuant to part II of this chapter.

3200

However, the criteria of the general permit shall not otherwise

3201

affect the authority of the siting board to condition

3202

certification of transmission lines as authorized under part II

3203

of this chapter.

3204

3205

Maintenance of existing electric lines and clearing of vegetation

3206

in wetlands conducted without the placement of structures in

3207

wetlands or other dredge and fill activities does not require an

3208

individual or general construction permit. For the purpose of

3209

this subsection, wetlands shall mean the landward extent of

3210

waters of the state regulated under ss. 403.91-403.929 and

3211

isolated and nonisolated wetlands regulated under part IV of

3212

chapter 373. The provisions provided in this subsection apply to

3213

the permitting requirements of the department, any water

3214

management district, and any local government implementing part

3215

IV of chapter 373 or part VIII of this chapter.

3216

Section 50. Section 489.145, Florida Statutes, is amended

3217

to read:

3218

489.145 Guaranteed energy performance savings

3219

contracting.--

3220

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

3221

"Guaranteed Energy, Water, and Wastewater Performance Savings

3222

Contracting Act."

3223

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

3224

investment in energy, water, and wastewater conservation measures

3225

in agency facilities can reduce the amount of energy and water

3226

consumed and wastewater treated and produce immediate and long-

3227

term savings. It is the policy of this state to encourage each

3228

agency agencies to invest in energy, water, and wastewater

3229

efficiency and conservation measures that reduce energy

3230

consumption, produce a cost savings for the agency, and improve

3231

the quality of indoor air in public facilities and to operate,

3232

maintain, and, when economically feasible, build or renovate

3233

existing agency facilities in such a manner as to minimize energy

3234

and water consumption and wastewater production and maximize

3235

energy, water, and wastewater savings. It is further the policy

3236

of this state to encourage agencies to reinvest any energy

3237

savings resulting from energy, water, and wastewater efficiency

3238

and conservation measures in additional energy, water, and

3239

wastewater conservation measures efforts.

3240

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

3241

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

3242

political subdivision.

3243

(b) "Energy conservation measure" means a training program,

3244

facility alteration, or equipment purchase to be used in new

3245

construction, including an addition to an existing facilities or

3246

infrastructure facility, which reduces energy, water, or

3247

wastewater or energy-related operating costs and includes, but is

3248

not limited to:

3249

1. Insulation of the facility structure and systems within

3250

the facility.

3251

2. Storm windows and doors, caulking or weatherstripping,

3252

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

3253

reflective, glazed and coated window and door systems, additional

3254

glazing, reductions in glass area, and other window and door

3255

system modifications that reduce energy consumption.

3256

3. Automatic energy control systems.

3257

4. Heating, ventilating, or air-conditioning system

3258

modifications or replacements.

3259

5. Replacement or modifications of lighting fixtures to

3260

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

3261

a minimum, must conform to the applicable state or local building

3262

code.

3263

6. Energy recovery systems.

3264

7. Cogeneration systems that produce steam or forms of

3265

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

3266

within a facility or complex of facilities.

3267

8. Energy conservation measures that reduce Btu, kW, or kWh

3268

consumed or that provide long-term operating cost reductions or

3269

significantly reduce Btu consumed.

3270

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

3271

wind systems.

3272

10. Devices that reduce water consumption or sewer charges.

3273

11. Energy storage systems, such as fuel cells and thermal

3274

storage.

3275

12. Energy generating technologies, such as microturbines.

3276

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

3277

equipment.

3278

3279

measured reduction in the cost of fuel, energy, or water

3280

consumption or wastewater production, and stipulated operation

3281

and maintenance created from the implementation of one or more

3282

energy, water, or wastewater efficiency or conservation measures

3283

when compared with an established baseline for the previous cost

3284

of fuel, energy, or water consumption or wastewater production,

3285

and stipulated operation and maintenance.

3286

(d) "Guaranteed energy, water, and wastewater performance

3287

savings contract" means a contract for the evaluation,

3288

recommendation, and implementation of energy, water, and

3289

wastewater efficiency or conservation measures, which, at a

3290

minimum, shall include:

3291

1. The design and installation of equipment to implement

3292

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

3293

maintenance of such measures.

3294

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

3295

exceed total annual contract payments made by the agency for the

3296

contract.

3297

3. The finance charges incurred by the agency over the life

3298

of the contract.

3299

(e) "Guaranteed energy performance savings contractor"

3300

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

3301

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

3302

design, implementation, or installation of energy conservation

3303

measures through energy performance contracts.

3304

(f) "Investment grade energy audit" means a detailed

3305

energy, water, and wastewater audit, along with an accompanying

3306

analysis of proposed energy, water, and wastewater conservation

3307

measures, and their costs, savings, and benefits prior to entry

3308

into an energy savings contract.

3309

(4) PROCEDURES.--

3310

(a) An agency may enter into a guaranteed energy

3311

performance savings contract with a guaranteed energy performance

3312

savings contractor to significantly reduce energy, water, or

3313

wastewater consumption or production of energy-related operating

3314

costs of an agency facility through one or more energy, water, or

3315

wastewater efficiency or conservation measures.

3316

(b) Before design and installation of energy conservation

3317

measures, the agency must obtain from a guaranteed energy

3318

performance savings contractor an investment grade audit a report

3319

that summarizes the costs associated with the energy conservation

3320

measures or energy-related operational cost-saving measures and

3321

provides an estimate of the amount of the energy cost savings.

3322

The agency and the guaranteed energy performance savings

3323

contractor may enter into a separate agreement to pay for costs

3324

associated with the preparation and delivery of the report;

3325

however, payment to the contractor shall be contingent upon the

3326

report's projection of energy or operational cost savings being

3327

equal to or greater than the total projected costs of the design

3328

and installation of the report's energy conservation measures.

3329

3330

performance savings contract with a guaranteed energy performance

3331

savings contractor if the agency finds that the amount the agency

3332

would spend on the energy conservation or energy-related cost-

3333

savings measures will not likely exceed the amount of the energy

3334

or energy-related cost savings for up to 20 years from the date

3335

of installation, based on the life cycle cost calculations

3336

provided in s. 255.255, if the recommendations in the report were

3337

followed and if the qualified provider or providers give a

3338

written guarantee that the energy or energy-related cost savings

3339

will meet or exceed the costs of the system. However, actual

3340

computed cost savings must meet or exceed the estimated cost

3341

savings provided in program approval. Baseline adjustments used

3342

in calculations must be specified in the contract. The contract

3343

may provide for installment payments for a period not to exceed

3344

20 years.

3345

(d) A guaranteed energy performance savings contractor must

3346

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

3347

than three firms are qualified to perform the required services,

3348

the requirement for agency selection of three firms, as provided

3349

in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

3350

not apply.

3351

(e) Before entering into a guaranteed energy performance

3352

savings contract, an agency must provide published notice of the

3353

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

3354

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

3355

(f) A guaranteed energy performance savings contract may

3356

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

3357

party. The contract for third party financing may be separate

3358

from the guaranteed energy performance contract. A separate

3359

contract for third party financing must include a provision that

3360

the third party financier must not be granted rights or

3361

privileges that exceed the rights and privileges available to the

3362

guaranteed energy performance savings contractor.

3363

(g) Financing for guaranteed energy performance savings

3364

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

3365

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

3366

proposals from state agencies to ensure that the most effective

3367

financing is being used.

3368

(i) Annually, the agency that has entered into the contract

3369

shall provide the Department of Management Services and the Chief

3370

Financial Officer the measurement and verification report

3371

required by the contract to validate that energy savings have

3372

occurred.

3373

(j)(g) In determining the amount the agency will finance to

3374

acquire the energy conservation measures, the agency may reduce

3375

such amount by the application of any grant moneys, rebates, or

3376

capital funding available to the agency for the purpose of buying

3377

down the cost of the guaranteed energy performance savings

3378

contract. However, in calculating the life cycle cost as required

3379

in paragraph (c), the agency shall not apply any grants, rebates,

3380

or capital funding.

3381

(5) CONTRACT PROVISIONS.--

3382

(a) A guaranteed energy performance savings contract must

3383

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

3384

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

3385

corporate guarantee by the guaranteed energy performance savings

3386

contractor that annual associated energy cost savings will meet

3387

or exceed the amortized cost of energy conservation measures.

3388

(b) The guaranteed energy performance savings contract must

3389

provide that all payments, except obligations on termination of

3390

the contract before its expiration, may be made over time, but

3391

not to exceed 20 years from the date of complete installation and

3392

acceptance by the agency, and that the annual savings are

3393

guaranteed to the extent necessary to make annual payments to

3394

satisfy the guaranteed energy performance savings contract.

3395

3396

require that the guaranteed energy performance savings contractor

3397

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

3398

construction bond to the agency for its faithful performance, as

3399

required by s. 255.05.

3400

(d) The guaranteed energy performance savings contract may

3401

contain a provision allocating to the parties to the contract any

3402

annual energy cost savings that exceed the amount of the energy

3403

cost savings guaranteed in the contract.

3404

(e) The guaranteed energy performance savings contract

3405

shall require the guaranteed energy performance savings

3406

contractor to provide to the agency an annual reconciliation of

3407

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

3408

reconciliation reveals a shortfall in annual energy or energy-

3409

related cost savings, the guaranteed energy performance savings

3410

contractor is liable for such shortfall. If the reconciliation

3411

reveals an excess in annual energy cost savings, the excess

3412

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

3413

to cover potential energy cost savings shortages in subsequent

3414

contract years.

3415

(f) The guaranteed energy performance savings contract must

3416

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

3417

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

3418

installation and acceptance by the agency using straight-line

3419

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

3420

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

3421

on life cycle cost calculations.

3422

(g) The guaranteed energy performance savings contract may

3423

extend beyond the fiscal year in which it becomes effective;

3424

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

3425

fiscal year and may be automatically renewed annually for up to

3426

20 years, subject to the agency making available sufficient

3427

annual funds appropriations based upon continued realized energy

3428

savings.

3429

(h) The guaranteed energy performance savings contract must

3430

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

3431

obligation of the state.

3432

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

3433

Department of Management Services, with the assistance of the

3434

Office of the Chief Financial Officer, shall may, within

3435

available resources, provide technical content assistance to

3436

state agencies contracting for energy conservation measures and

3437

engage in other activities considered appropriate by the

3438

department for promoting and facilitating guaranteed energy

3439

performance contracting by state agencies. The Department of

3440

Management Services shall review the investment-grade audit for

3441

each proposed project and certify that the cost savings are

3442

appropriate and sufficient for the term of the contract. The

3443

Office of the Chief Financial Officer, with the assistance of the

3444

Department of Management Services, shall develop model

3445

contractual and other related documents and shall, by rule may,

3446

within available resources, develop the contract requirements

3447

model contractual and related documents for use by state and

3448

other agencies. Prior to entering into a guaranteed energy

3449

performance savings contract, any contract or lease for third-

3450

party financing, or any combination of such contracts, a state

3451

agency shall submit such proposed contract or lease to the Office

3452

of the Chief Financial Officer for review and approval. A

3453

proposed contract or lease shall include:

3454

(a) Supporting information required by s. 216.023(a)9. in

3455

ss. 287.063(5) and 287.064(11). For contracts approved under s.

3456

489.145, the criteria may, at a minimum, include the

3457

specification of a benchmark cost of capital and minimum real

3458

rate of return on energy, water, or wastewater savings against

3459

which proposals shall be evaluated.

3460

(b) Documentation supporting recurring funds requirements

3461

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

3462

3463

(d) An agency measurement and verification plan to monitor

3464

cost savings.

3465

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

3466

financing of deferred payment commodity contracts under this

3467

section by a state agency, any such contract must be supported

3468

from available recurring funds appropriated to the agency in an

3469

appropriation category, as defined in chapter 216, which the

3470

Legislature has designated for payment of the obligation incurred

3471

under this section, or which the Chief Financial Officer has

3472

determined is appropriate.

3473

3474

The office of the Chief Financial Officer may not approve any

3475

contract from any state agency submitted under this section which

3476

does not meet the requirements of this section.

3477

Section 51. Section 526.203, Florida Statutes, is created

3478

to read:

3479

526.203 Renewable fuel standard.--

3480

(1) DEFINITIONS.--As used in this ss. 526.203-526.206, the

3481

terms "blender," "exporter," "importer," "terminal supplier," and

3482

"wholesaler" shall be defined as provided in s. 206.01.

3483

(a) "Fuel ethanol-blended gasoline" means a mixture of 90

3484

percent gasoline and 10 percent fuel ethanol or similar alcohol.

3485

The 10 percent fuel ethanol, or similar alcohol, portion may be

3486

derived from any agricultural source.

3487

(b) "Unblended gasoline" means gasoline that has not been

3488

blended with fuel ethanol.

3489

(2) FUEL STANDARD.--On and after December 31, 2010, all

3490

gasoline sold or offered for sale in Florida at retail shall

3491

contain, at a minimum 10 percent of a agriculturally derived,

3492

denatured ethanol fuel by volume. No terminal supplier, importer,

3493

exporter, blender, or wholesaler in this state shall sell or

3494

deliver fuel that which does not meet the blending requirements

3495

of ss. 526.203-526.206.

3496

(3) EXEMPTIONS.--The requirements of ss. 526.203-526.206 do

3497

not apply to the following:

3498

(a) Fuel used in aircraft;

3499

(b) Fuel sold at marinas and mooring docks for use in boats

3500

and similar watercraft;

3501

3502

be used exclusively as a fuel for off-highway motor sports racing

3503

events;

3504

(d) Fuel sold for use in collector vehicles or vehicles

3505

eligible to be licensed as collector vehicles, off-road vehicles,

3506

motorcycles, or small engines.

3507

(e) Fuel unable to comply due to requirements of the United

3508

States Environmental Protection Agency;

3509

(f) Fuel bulk transferred between terminals;

3510

(g) Fuel exported from the state in accordance with s.

3511

206.052;

3512

(h) Fuel qualifying for any exemption in accordance with

3513

chapter 206;

3514

(i) Fuel at an electric power plant that is regulated by

3515

the United States Nuclear Regulatory Commission unless such

3516

commission has approved the use of fuel meeting the requirements

3517

of subsection (2);

3518

(j) Fuel for a railroad locomotive; or

3519

(k) Fuel for equipment, including vehicle or vessel,

3520

covered by a warranty that would be voided, if explicitly stated

3521

in writing by the vehicle or vessel manufacturer, if it were to

3522

be operated using fuel meeting the requirements of subsection

3523

(2).

3524

(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,

3525

importer, exporter, blender, and wholesaler shall include in its

3526

report to the Department of Revenue the number of gallons of

3527

gasoline fuel meeting and not meeting the requirements of ss.

3528

526.203-526.206 which is sold and delivered by the terminal

3529

supplier, importer, exporter, blender, or wholesaler in the

3530

state, and the destination as to the county in the state to which

3531

the gasoline was delivered for resale at retail or use.

3532

Section 52. Section 526.204, Florida Statutes, is created to

3533

read:

3534

526.204 Suspension during declared emergencies; waivers.--

3535

(1) In order to account for supply disruptions and ensure

3536

reliable supplies of motor fuels for Florida, the requirements of

3537

ss. 526.203-526.206 shall be suspended when the provisions of s.

3538

252.36(2) in any area of the state are in effect plus an

3539

additional 30 days.

3540

(2) If a terminal supplier, importer, exporter, blender, or

3541

wholesaler is unable to obtain fuel ethanol or fuel ethanol-

3542

blended gasoline at the same or lower price than the price of

3543

unblended gasoline, the sale or delivery of unblended gasoline by

3544

the terminal supplier, importer, exporter, blender, or wholesaler

3545

shall not be deemed a violation of ss. 526.203-526.206. The

3546

terminal supplier, importer, exporter, blender, or wholesaler

3547

shall, upon request, provide the required documentation regarding

3548

the sales transaction and price of fuel ethanol, fuel ethanol-

3549

blended gasoline, and unblended gasoline to the Department of

3550

Revenue.

3551

Section 53. Section 526.205, Florida Statutes, is created

3552

to read:

3553

526.205 Enforcement.--

3554

(1) It is unlawful to sell or distribute, or offer for sale

3555

or distribution, any gasoline that fails to meet the requirements

3556

of ss. 526.203-526.207.

3557

(2) Upon determining that a terminal supplier, importer,

3558

exporter, blender, or wholesaler is not meeting the requirements

3559

of s. 526.203(2), the Department of Revenue shall notify the

3560

department.

3561

(3) Upon notification by the Department of Revenue of a

3562

violation of ss. 526.203-526.206, the department shall, subject

3563

to subsection (1), grant an extension or enter an order imposing

3564

one or more of the following penalties:

3565

(a) Issuance of a warning letter.

3566

(b) Imposition of an administrative fine of not more than

3567

$1,000 per violation for a first-time offender. For a second-time

3568

or repeat offender, or any person who is shown to have willfully

3569

and intentionally violated any provision of this chapter, the

3570

administrative fine shall not exceed $5,000 per violation. When

3571

imposing any fine under this section, the department shall

3572

consider the amount of money the violator benefited from by

3573

noncompliance, whether the violation was committed willfully, and

3574

the compliance record of the violator.

3575

3576

the department.

3577

(4) Any terminal supplier, importer, exporter, blender, or

3578

wholesaler may apply to the department by September 30, 2010, for

3579

an extension of time to comply with the requirements of ss.

3580

526.203-526.206. The application for an extension must

3581

demonstrate that the applicant has made a good faith effort to

3582

comply with the requirements but has been unable to do so for

3583

reasons beyond the applicant's control, such as delays in

3584

receiving governmental permits. The department shall review each

3585

application and make a determination as to whether the failure to

3586

comply was beyond the control of the applicant. If the department

3587

determines that the applicant made a good faith effort to comply,

3588

but was unable to do so for reasons beyond the applicant's

3589

control, the department shall grant an extension of time

3590

determined necessary for the applicant to comply. If no extension

3591

is granted, the department shall proceed with enforcement

3592

pursuant to subsection (3).

3593

Section 54. Section 526.206, Florida Statutes, is created

3594

to read:

3595

526.206 Rules.--

3596

(1) The Department of Revenue is authorized to adopt rules

3597

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

3598

of ss. 526.203-526.206.

3599

(2) The Department of Agriculture and Consumer Services is

3600

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

3601

to implement the provisions of ss. 526.203-526.206.

3602

Section 55. Studies and reports.--

3603

(1) The Florida Energy Commission shall conduct a study to

3604

evaluate and recommend the lifecycle greenhouse gas emissions

3605

associated with all renewable fuels, including, but not limited

3606

to, biodiesel, renewable diesel, biobutanol, ethanol derived from

3607

corn, ethanol derived from sugar, and cellulosic ethanol. In

3608

addition, the study shall evaluate and recommend a requirement

3609

that all renewable fuels introduced into commerce in the state,

3610

as a result of the renewable fuel standard, shall reduce the

3611

lifecycle greenhouse gas emissions by an average percentage. The

3612

study may also evaluate and recommend any benefits associated

3613

with the creation, banking, transfer, and sale of credits among

3614

fuel refiners, blenders, and importers.

3615

(2) The Florida Energy Commission shall submit a report

3616

containing specific recommendations to the President of the

3617

Senate and the Speaker of the House of Representatives no later

3618

than December 31, 2010.

3619

Section 56. Present subsection (5) of section 553.77,

3620

Florida Statutes, is renumbered as subsection (6), and a new

3621

subsection (5) is added to that section, to read:

3622

553.77 Specific powers of the commission.--

3623

(5) The commission may implement its recommendations

3624

delivered pursuant to subsection (2) of section 48 of chapter

3625

2007-73, Laws of Florida, by amending the Florida Energy

3626

Efficiency Code for Building Construction as provided in s.

3627

553.901.

3628

Section 57. Section 553.886, Florida Statutes, is created

3629

to read:

3630

553.886 Energy-efficiency technologies.--The provisions of

3631

the Florida Building Code must facilitate and promote the use of

3632

cost-effective energy conservation, energy-demand management, and

3633

renewable energy technologies in buildings.

3634

Section 58. Section 553.9061, Florida Statutes, is created

3635

to read:

3636

553.9061 Scheduled increases in thermal efficiency

3637

standards.--

3638

(1) This section establishes a schedule of required

3639

increases in the energy-efficiency performance of buildings that

3640

are subject to the requirements for energy efficiency as

3641

contained in the current edition of the Florida Building Code.

3642

The Florida Building Commission shall implement the following

3643

energy-efficiency goals using the triennial code-adoption process

3644

established for updates to the Florida Building Code in s.

3645

553.73:

3646

(a) Include requirements in the 2010 edition of the Florida

3647

Building Code to increase the energy-efficiency performance of

3648

new buildings by at least 20 percent as compared to the

3649

performance achieved as a result of the implementation of the

3650

energy-efficiency provisions contained in the 2004 edition of the

3651

Florida Building Code, as amended on May 22, 2007;

3652

(b) Include requirements in the 2013 edition of the Florida

3653

Building Code to increase the energy-efficiency performance of

3654

new buildings by at least 30 percent as compared to the

3655

performance achieved as a result of the implementation of the

3656

energy-efficiency provisions contained in the 2004 edition of the

3657

Florida Building Code, as amended on May 22, 2007;

3658

3659

Building Code to increase the energy-efficiency performance of

3660

new buildings by at least 40 percent as compared to the

3661

performance achieved as a result of the implementation of the

3662

energy-efficiency provisions contained in the 2004 edition of the

3663

Florida Building Code, as amended on May 22, 2007; and

3664

(d) Include requirements in the 2019 edition of the Florida

3665

Building Code to increase the energy-efficiency performance of

3666

new buildings by at least 50 percent as compared to the

3667

performance achieved as a result of the implementation of the

3668

energy-efficiency provisions contained in the 2004 edition of the

3669

Florida Building Code, as amended on May 22, 2007.

3670

(2) The commission shall identify in any code-support and

3671

compliance documentation the specific building options and

3672

elements available to meet the energy-efficiency performance

3673

requirements required under subsection (1). Energy-efficiency

3674

performance options and elements include, but are not limited to:

3675

(a) Solar water heating;

3676

(b) Energy-efficient appliances;

3677

3678

(d) Low solar-absorption roofs, also known as "cool roofs";

3679

(e) Enhanced ceiling and wall insulation;

3680

(f) Reduced-leak duct systems;

3681

(g) Programmable thermostats; and

3682

(h) Energy-efficient lighting systems.

3683

Section 59. (1) The Florida Building Commission shall

3684

conduct a study to evaluate the energy-efficiency rating of new

3685

buildings and appliances. The study must include a review of the

3686

current energy-efficiency ratings and consumer labeling

3687

requirements contained in chapter 553, Florida Statutes. The

3688

commission shall submit a written report of its study to the

3689

President of the Senate and the Speaker of the House of

3690

Representatives on or before February 1, 2009. The report must

3691

contain the commission's recommendations regarding the

3692

strengthening and integration of energy-efficiency ratings and

3693

labeling requirements.

3694

(2) The provisions of this section expire July 1, 2009.

3695

Section 60. (1) The Florida Building Commission shall

3696

conduct a study to evaluate opportunities to restructure the

3697

Florida Energy Efficiency Code for Building Construction to

3698

achieve long-range improvements to building energy performance.

3699

During such study, the commission shall address the integration

3700

of the Thermal Efficiency Code established in part V of chapter

3701

553, Florida Statutes, the Energy Conservation Standards Act

3702

established in part VI of chapter 553, Florida Statutes, and the

3703

Florida Building Energy-Efficiency Rating Act established in part

3704

VIII of chapter 553, Florida Statutes.

3705

(2) The commission shall submit a report containing

3706

specific recommendations on the integration of the code and acts

3707

identified in subsection (1) to the President of the Senate and

3708

the Speaker of the House of Representatives on or before February

3709

1, 2009.

3710

(3) The provisions of this section expire July 1, 2009.

3711

Section 61. (1) The Department of Community Affairs, in

3712

conjunction with the Florida Energy Affordability Coalition,

3713

shall identify and review issues relating to the Low-Income Home

3714

Energy Assistance Program and the Weatherization Assistance

3715

Program, and identify recommendations that:

3716

(a) Support customer health, safety, and well-being;

3717

(b) Maximize available financial and energy-conservation

3718

assistance;

3719

3720

assistance; and

3721

(d) Educate customers to make informed decisions regarding

3722

energy use and conservation.

3723

(2) On or before January 1, 2009, the department shall

3724

report its findings and any recommended statutory changes

3725

required to implement such findings to the President of the

3726

Senate and the Speaker of the House of Representatives.

3727

(3) The provisions of this section expire July 1, 2009.

3728

Section 62. Subsection (1) of section 553.957, Florida

3729

Statutes, is amended to read:

3730

553.957 Products covered by this part.--

3731

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

3732

certification, and enforcement of energy conservation standards

3733

for the following types of new commercial and residential

3734

products sold in the state:

3735

(a) Refrigerators, refrigerator-freezers, and freezers

3736

which can be operated by alternating current electricity,

3737

excluding:

3738

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

3739

2. Any type which does not include a compressor and

3740

condenser unit as an integral part of the cabinet assembly.

3741

(b) Lighting equipment.

3742

3743

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

3744

homes or businesses.

3745

(e) Electric motors used to pump water within swimming

3746

pools.

3747

(f) Water heaters for swimming pools.

3748

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

3749

department classifies as a covered product as specified in this

3750

part.

3751

Section 63. Section 553.975, Florida Statutes, is amended

3752

to read:

3753

553.975 Report to the Governor and Legislature.--The Public

3754

Service Commission shall submit a biennial report to the

3755

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

3756

House of Representatives, concurrent with the report required by

3757

s. 366.82(5) s. 366.82(4), beginning in 1990. Such report shall

3758

include an evaluation of the effectiveness of these standards on

3759

energy conservation in this state.

3760

Section 64. The Public Service Commission shall analyze

3761

utility revenue decoupling and provide a report and

3762

recommendations to the Governor, the President of the Senate, and

3763

the Speaker of the House of Representatives by January 1, 2009.

3764

Section 65. Subsection (6) is added to section 718.113,

3765

Florida Statutes, to read:

3766

718.113 Maintenance; limitation upon improvement; display

3767

of flag; hurricane shutters.--

3768

(6) Notwithstanding the provisions of this section or the

3769

governing documents of a condominium or a multicondominium

3770

association, the board of administration may, without any

3771

requirement for approval of the unit owners, install upon or

3772

within the common elements or association property solar

3773

collectors, clotheslines, or other energy-efficient devices based

3774

on renewable resources for the benefit of the unit owners.

3775

Section 66. Section 1004.648, Florida Statutes, is created

3776

to read:

3777

1004.648 Florida Energy Systems Consortium.--

3778

(1) There is created the Florida Energy Systems Consortium,

3779

"FESC" or "consortium" to promote collaboration between experts

3780

in the State University System for the purpose of developing and

3781

implementing a comprehensive, long-term, environmentally

3782

compatible, sustainable, and efficient energy strategic plan for

3783

the state. The consortium shall focus on an overall broad systems

3784

approach from energy resource to consumer and for producing

3785

innovative energy systems that will lead to alternative energy

3786

strategies, improved energy efficiencies, and expanded economic

3787

development for the state. The consortium shall consist of the

3788

University of Florida, Florida State University, the University

3789

of South Florida, the University of Central Florida, and Florida

3790

Atlantic University. The consortium shall be administered at the

3791

University of Florida by a director who shall report to an

3792

oversight board that shall consist of the vice president for

3793

research at each of the five universities. The oversight board

3794

shall have ultimate responsibility for both the technical

3795

performance and financial management of the FESC. In performing

3796

its activities, the FESC shall collaborate with the Florida

3797

Energy Commission, as established in s. 377.901, as well as with

3798

industry and other affected parties.

3799

(2) Through collaborative research and development across

3800

the State University System and industry, the goal of the FESC is

3801

to become a world leader in energy research, education,

3802

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

3803

consortium shall:

3804

(a) Coordinate and initiate increased collaborative

3805

interdisciplinary energy research among universities and the

3806

energy industry.

3807

(b) Create a Florida energy technology industry.

3808

3809

analysis.

3810

(d) Develop education and outreach programs to prepare a

3811

qualified energy workforce and informed public.

3812

(3) In order to promote collaboration between researchers

3813

within the State University System, with industry, and other

3814

external partners, the consortium shall receive input from an

3815

external, industry-dominated advisory board. The university

3816

council, which shall consist of one member from each university

3817

designated by the corresponding vice president for research,

3818

shall provide guidance on vision and direction to the director.

3819

The board, the chair of the Florida Energy Commission, and the

3820

council shall constitute the steering committee. The steering

3821

committee is responsible for establishing and ensuring the

3822

success of the FESC's strategic plan.

3823

(4) A major focus of the FESC shall be to expedite

3824

commercialization of innovative energy technologies by taking

3825

advantage of energy expertise within the State University System,

3826

high technology incubators, industrial parks, and industry-driven

3827

research centers in order to attract companies to establish

3828

manufacturing in the state and provide for the transition of

3829

technologies into the state economy.

3830

(5) The consortium shall solicit and leverage state,

3831

federal, and private funds for the purpose of conducting

3832

education, research, and development in the area of sustainable

3833

energy. The oversight board shall ensure that the FESC maintains

3834

accurate records of any funds received by the consortium.

3835

(6) Through research and instructional programs, the

3836

faculty associated with the consortium shall coordinate a

3837

statewide workforce development initiative focusing on college-

3838

level degrees, technician training, and public and commercial

3839

sectors awareness. The consortium shall develop specific programs

3840

directed at preparing graduates having a background in energy

3841

continuing education courses for technical and nontechnical

3842

professionals and modules, laboratories, and courses to be shared

3843

among the universities. FESC shall work with the Florida

3844

Community College System using the Florida Advanced Technological

3845

Education Center for the coordination and design of industry-

3846

specific training programs for technicians.

3847

(7) By November 1 of each year, FESC shall submit an annual

3848

report to the Governor, the President of the Senate, the Speaker

3849

of the House of Representatives and the Florida Energy Commission

3850

regarding its activities, including, but not limited to,

3851

education, research, development, and deployment of alternative

3852

energy technologies.

3853

Section 67. State interest.--

3854

(1) As a condition for the issuance of grants or other

3855

monetary awards to private companies for energy-related research

3856

or deployment projects, the Department of Environmental

3857

Protection may require a negotiated or licensing agreement

3858

containing a stipulation requiring the return to the state of an

3859

agreed-upon amount or percentage of profit resulting from

3860

commercialization of the product or process.

3861

(2) The Department of Environmental Protection shall

3862

conduct a study to determine how negotiated or licensing

3863

agreements may best be used in these situations in order for the

3864

state to earn a monetary return on energy-related products or

3865

processes that are ultimately prohibited upon commercialization.

3866

The department shall submit its study to the Governor, the

3867

President of the Senate, and the Speaker of the House of

3868

Representatives by February 1, 2009.

3869

Section 68. The Department of Environmental Protection, in

3870

conjunction with the Department of Agriculture and Consumer

3871

Services, shall conduct an economic impact analysis on the

3872

effects of granting financial incentives to energy producers who

3873

use woody biomass as fuel. It shall include an analysis of the

3874

effects on wood supply and prices and the impacts on current

3875

markets and on forest sustainability. The department shall submit

3876

the results of the study to the President of the Senate and the

3877

Speaker of the House of Representatives.

3878

Section 69. Recycling.--

3879

(1) The Legislature finds that the failure or inability to

3880

economically recover material and energy resources from solid

3881

waste results in the unnecessary waste and depletion of our

3882

natural resources. Therefore, the maximum recycling and reuse of

3883

such resources must be a high-priority goal of this state.

3884

(2) The long-term goal for reducing solid waste through the

3885

recycling efforts of state and local governmental entities shall,

3886

by the year 2020, be a statewide average reduction of 75 percent

3887

of the amount of solid waste that was disposed of in 2007, not

3888

including any recycling efforts undertaken during that year.

3889

(3) The Department of Environmental Protection shall, by

3890

January 1, 2010, develop a recycling program in conjunction with

3891

state and local governments which is designed to meet the

3892

reduction goal stated in subsection (2).

3893

Section 70. The Department of Environmental Protection,

3894

when submitting proposed rules adopted pursuant to s. 403.44,

3895

Florida Statutes, the Climate Protection Act, for ratification by

3896

the Legislature, shall submit a summary report to the Governor,

3897

the President of the Senate, and the Speaker of the House of

3898

Representatives. The report must describe the costs and benefits

3899

of a cap-and-trade system and must include, but need not be

3900

limited to:

3901

(1) The impact of a cap-and-trade system on electricity

3902

prices charged to consumers.

3903

(2) The overall cost of a cap-and-trade system to the

3904

economy of this state.

3905

(3) The effect of a cap-and-trade system on low-income

3906

consumers if the system results in an increase of energy prices

3907

on low-income consumers.

3908

Section 71. Except as otherwise expressly provided in this

3909

act, this act shall take effect upon becoming a law.

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