Florida Senate - 2008 CS for CS for CS for SB 1544

By the Committees on General Government Appropriations; Communications and Public Utilities; Environmental Preservation and Conservation; and Senator Saunders

601-07390-08 20081544c3

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;

amending s. 187.201, F.S.; adopting provisions of the

State Comprehensive Plan concerning the development,

siting, and use of low-carbon-emitting electric power

plants; 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.

196.012, F.S.; deleting the definition of the term

"renewable energy source device" or "device"; amending s.

206.43, F.S.; requiring each terminal supplier, importer,

exporter, blender, and wholesaler to include the number of

gallons of gasoline fuel which meet and fail to meet

certain requirements in their monthly reports to the

Department of Revenue; amending s. 212.08, F.S.; requiring

that the Florida Energy and Climate Commission rather than

the Department of Environmental Protection implement

certain responsibilities concerning eligibility and

application for the tax exemption; requiring the

commission 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 relating to a tax credit; allowing certain

tax credits to be transferred for a specified period;

providing procedures and requirements; authorizing the

Department of Revenue to adopt rules; amending s. 220.193,

F.S.; defining the terms "sale" or "sold" and "taxpayer";

providing legislative intent concerning retroactive

application of certain renewable energy production tax

credits; providing for the pass through of a renewable

energy production tax credit under certain conditions;

providing for retroactive application; 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 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

agency from leasing or constructing a facility without

having secured from the Department of Management Services

an evaluation of life-cycle costs for the building;

requiring certain leased buildings to have an energy

performance analysis conducted; requiring the owner of any

building leased by the state from the private sector to

submit provisions for monthly energy use data to the

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

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department to use sustainable building ratings for

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conducting a life-cycle cost analysis; amending s.

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255.257, F.S.; requiring that energy consumption and cost

104

be reported to the department annually in a format

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prescribed by the department; providing duties of energy-

106

management coordinators; requiring that the department of

107

Management Services develop a state energy-management

108

plan; requiring that state agencies adopt certain rating

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systems; prohibiting state agencies from entering into

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leasing agreements for office space not meeting certain

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building standards; providing an exception; requiring that

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state agencies develop energy-conservation measures and

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guidelines for new and existing office space in which

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state agencies occupy greater than a specified amount of

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square footage; providing requirements for such measures;

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creating s. 286.275, F.S.; requiring the Department of

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Management Services to develop the Florida Climate

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Friendly Preferred Products List; requiring state agencies

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to consult the list and purchase products from the list

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under certain circumstances; requiring state agencies to

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contract for meeting and conference space with facilities

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having the "Green Lodging" designation; authorizing the

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Department of Environmental Protection to adopt rules;

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requiring the department to establish voluntary technical

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assistance programs for various businesses; requiring

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state agencies to maintain vehicles according to minimum

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standards and follow certain procedures when procuring new

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vehicles; requiring state agencies to use ethanol and

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biodiesel-blended fuels when available; amending s.

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287.063, F.S.; prohibiting the payment term for equipment

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from exceeding the useful life of the equipment unless the

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contract provides for the replacement or the extension of

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the useful life of the equipment during the term of the

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deferred payment contract; amending s. 287.064, F.S.;

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authorizing an extension of the master equipment financing

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agreement for energy conservation equipment; requiring the

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guaranteed energy, water, and wastewater performance

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savings contractor to provide for the replacement or the

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extension of the useful life of the equipment during the

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term of the contract; amending s. 287.16, F.S.; requiring

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the Department of Management Services to conduct an

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analysis of the Department of Transportation's ethanol and

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biodiesel use and encourage other state agencies to

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analyze transportation fuel usage and report such

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information to the Department of Management Services;

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amending s. 288.1089, F.S.; defining the term "alternative

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and renewable energy"; detailing the conditions for an

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alternative and renewable energy project to be eligible

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for an innovation incentive award; amending s. 337.401,

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F.S.; requiring the Department of Environmental Protection

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to adopt rules relating to the placement of and access to

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aerial and underground electric transmission lines having

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certain specifications; defining the term "base-load

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generating facilities"; amending s. 339.175, F.S.;

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requiring each metropolitan planning organization to

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develop a long-range transportation plan that, among other

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considerations, provides for sustainable growth and

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reduces greenhouse gas emissions; amending s. 366.82,

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F.S.; requiring the Public Service Commission to adopt

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rules requiring utilities to offset 20 percent of their

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annual load-growth through energy efficiency and

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conservation measures; requiring the commission to create

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an in-state market for tradable credits enabling those

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utilities that exceed the conservation standard to sell

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credits to those that cannot meet the standard for a given

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year; requiring that the commission conduct a periodic

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review; requiring the commission to require municipal and

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cooperative utilities that are exempt from the Energy

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Efficiency and Conservation Act to submit an annual report

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identifying energy efficiency and conservation goals and

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the actions taken to meet those goals; requiring that the

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Florida Energy and Climate Commission be a party in the

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proceedings to adopt goals and file with the Public

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Service Commission comments on the proposed goals;

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requiring the Public Service Commission to use certain

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methodologies in the evaluation of demand-side management

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programs; amending s. 366.8255, F.S.; redefining the term

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"environmental compliance costs" to include costs or

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expenses prudently incurred for scientific research and

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geological assessments of carbon capture and storage for

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the purpose of reducing an electric utility's greenhouse

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gas emissions; amending s. 366.92, F.S.; providing

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definitions; requiring the commission to adopt a renewable

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portfolio standard by rule; requiring that the rule be

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ratified by the Legislature; providing that the rule must

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be submitted for legislative approval by February 1, 2009;

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specifying criteria for the rule development; allowing for

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full cost recovery of certain reasonable and prudent costs

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prior to the ratification of the rule; requiring each

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municipal electric utility and rural electric cooperative

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to develop standards for the use of renewable energy

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resources and energy conservation measures and submit a

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report to the Public Service Commission which identifies

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such standards; amending s. 366.93, F.S.; revising the

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

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Public Service Commission to establish rules relating to

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cost recovery for the construction of new, expanded, or

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relocated electrical transmission lines and facilities for

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

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legislative intent with respect to the need to implement

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alternative energy technologies; creating s. 377.6015,

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F.S.; creating the Florida Energy and Climate Commission;

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providing for appointment and qualifications of members;

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providing for meetings, duties, and authority of the

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commission; amending s. 377.602, F.S.; providing a

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definition; amending s. 377.605, F.S.; transferring duties

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on energy data collection from the Department of

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Environmental Protection to the Florida Energy and Climate

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Commission; amending ss. 377.604, 377.605, and 377.606,

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F.S.; making conforming changes; amending s. 377.703,

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F.S.; providing for additional duties of the Florida

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Energy and Climate Commission; conforming cross-

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

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definitions; providing the statutory reference to the

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definition of the term "biomass"; amending s. 377.804,

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

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and Energy-Efficient Technologies Grant Program by the

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Florida Energy and Climate Commission rather than the

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Department of Environmental Protection; providing for the

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program to include matching grants for technologies that

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increase the energy efficiency of vehicles and commercial

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buildings; providing application requirements; repealing

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s. 377.804(6), F.S., relating to bioenergy projects;

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amending s. 377.806, F.S.; providing for administration of

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the Solar Energy System Incentives Program by the Florida

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Energy and Climate Commission rather than the Department

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of Environmental Protection; requiring compliance with the

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Florida Building Code rather than local codes in order to

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

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

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Grants Act; providing a short title; requiring the Florida

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Energy and Climate Commission within the Executive Office

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of the Governor to award grants to assist local

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governments in the development of programs that achieve

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green standards; requiring the commission to adopt rules;

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providing requirements for the rules; limiting a certain

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number of grant applications made by a local government;

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limiting the number of active projects that may be

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conducted by a local government; requiring the commission

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to perform an overview of each grant; repealing s.

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

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transferring the State Energy Program from the Department

243

of Environmental Protection to the Florida Energy and

244

Climate Commission; creating s. 377.921, F.S., relating to

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qualified solar energy systems; providing definitions;

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allowing a public utility to recover certain costs;

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amending ss. 380.23 and 403.031, F.S.; conforming cross-

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references; creating s. 403.44, F.S.; creating the Florida

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Climate Protection Act; defining terms; requiring the

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Department of Environmental Protection to establish the

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methodologies, reporting periods, and reporting systems

252

that must be used when major emitters report to The

253

Climate Registry; authorizing the department to adopt

254

rules for a cap-and-trade regulatory program to reduce

255

greenhouse gas emissions from major emitters; providing

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for the content of the rule; amending s. 403.503, F.S.;

257

defining the term "alternate corridor" and redefining the

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term "corridor" for purposes of the Florida Electrical

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Power Plant Siting Act; amending s. 403.504, F.S.;

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requiring the Department of Environmental Protection to

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determine whether a proposed alternate corridor is

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acceptable; amending s. 403.506, F.S.; revising the

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thresholds and applicability standards of the Florida

264

Electrical Power Plant Siting Act; deleting a provision

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that exempts from the act a steam generating plant;

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exempting from the act the associated facilities of an

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electrical power plant; exempting an electric utility from

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obtaining certification under the Florida Electrical Power

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Plant Siting Act before constructing facilities for a

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power plant using nuclear materials as fuel; providing

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that a utility may obtain separate licenses, permits, and

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approvals for such construction under certain

273

circumstances; exempting such provisions from review under

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

275

applicant to submit a statement to the department if such

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applicant opts for consideration of alternate corridors;

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

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include a statement on the consistency of directly

279

associated facilities constituting a "development";

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requiring the Department of Environmental Protection to

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address at the certification hearing the issue of

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compliance with land use plans and zoning ordinances for a

283

proposed substation located in or along an alternate

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

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Governor and Cabinet sitting as the siting board to

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certify the corridor having the least adverse impact;

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authorizing the board to deny certification or allow a

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

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requiring the applicant proposing the alternate corridor

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to publish all notices relating to the application;

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requiring that such notices comply with certain

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requirements; requiring that notices be published at least

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45 days before the rescheduled certification hearing;

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

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

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Environmental Protection to charge an application fee for

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an alternate corridor; amending s. 403.519, F.S., relating

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to determinations of need; conforming provisions to

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changes made by the act; amending s. 403.7031, F.S.;

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prohibiting a county or municipality from using in

301

practice any definition inconsistent with certain

302

statutes; creating s. 403.7055, F.S.; encouraging counties

303

in the state to form regional solutions to the capture and

304

reuse or sale of methane gas from landfills and wastewater

305

treatment facilities; requiring the Department of

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Environmental Protection to provide guidelines and

307

assistance; amending s. 403.814, F.S., relating to general

308

permits; conforming provisions; amending s. 489.145, F.S.;

309

revising provisions of the Guaranteed Energy Performance

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Savings Contracting Act; renaming the act as the

311

"Guaranteed Energy, Water, and Wastewater Performance

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Savings Contracting Act"; requiring that each proposed

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contract or lease contain certain agreements concerning

314

operational cost-saving measures; redefining terms;

315

defining the term "investment grade energy audit";

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requiring that certain baseline information, supporting

317

information, and documentation be included in contracts;

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requiring the office of the Chief Financial Officer to

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review contract proposals; providing audit requirements;

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requiring contract approval by the Legislature or Chief

321

Financial Officer; creating s. 526.203, F.S.; providing

322

definitions; requiring that on or after a specified date

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all gasoline sold in the state contain a specified percent

324

of agriculturally derived denatured ethanol; providing for

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exemptions; creating s. 526.204, F.S.; providing for the

326

requirements to be suspended during a declared emergency;

327

providing an exemption if a supplier or other distributor

328

is unable to obtain the required fuel at the same or lower

329

price than the price of unblended gasoline; requiring that

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documentation be provided to the Department of Revenue;

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

332

the requirement for gasoline content; providing penalties;

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providing for the Department of Revenue to grant an

334

extension of time to comply with the requirement; creating

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

336

and the Department of Agriculture and Consumer Services to

337

adopt rules; requiring the Florida Energy Commission to

338

conduct a study of the lifecycle greenhouse gas emissions

339

associated with all renewable fuels; requiring a report to

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

341

F.S.; authorizing the Florida Building Commission to

342

implement recommendations relating to energy efficiency in

343

residential and commercial buildings; creating s. 553.886,

344

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

345

and promote the use of certain renewable energy

346

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

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requiring the Florida Building Commission to establish a

348

schedule of increases in the energy performance of

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buildings subject to the Energy Efficiency Code for

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Building Construction; providing a process for

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implementing goals to increase energy-efficiency

352

performance in new buildings; providing a schedule for the

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implementation of such goals; identifying energy-

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efficiency performance options and elements available to

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meet energy-efficiency performance requirements; providing

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a schedule for the review and adoption of renewable

357

energy-efficiency goals by the commission; requiring the

358

commission to conduct a study to evaluate the energy-

359

efficiency rating of new buildings and appliances;

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requiring the commission to submit a report to the

361

President of the Senate and the Speaker of the House of

362

Representatives on or before a specified date; requiring

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the commission to conduct a study to evaluate

364

opportunities to restructure the Florida Energy Code for

365

Building Construction, including the integration of the

366

Thermal Efficiency Code, the Energy Conservation Standards

367

Act, and the Florida Building Energy-Efficiency Rating

368

Act; requiring the commission to submit a report to the

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President of the Senate and the Speaker of the House of

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Representatives on or before a specified date; directing

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the Department of Community Affairs, in conjunction with

372

the Florida Energy Affordability Council, to identify and

373

review issues relating to the Low-Income Home Energy

374

Assistance Program and the Weatherization Assistance

375

Program; requiring the submission of a report to the

376

President of the Senate and the Speaker of the House of

377

Representatives on or before a specified date; providing

378

for the expiration of certain study requirements; amending

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

380

appliances in the requirements for testing and

381

certification for meeting certain energy-conservation

382

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

383

reference; requiring the Public Service Commission to

384

analyze utility revenue decoupling and provide a report

385

and recommendations to the Governor, the President of the

386

Senate, and the Speaker of the House of Representatives by

387

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

388

the board of a condominium or a multicondominium to

389

install solar collectors, clotheslines, or other energy-

390

efficient devices on association property; creating s.

391

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

392

Consortium, consisting of specified state universities;

393

providing membership and duties of the consortium;

394

providing for an oversight board and steering committee;

395

providing reporting requirements for the consortium by a

396

date certain; authorizing the Department of Environmental

397

Protection to require certain agreements to contain a

398

stipulation requiring the return to the state of a portion

399

of the profit resulting from commercialization of an

400

energy-related product or process; requiring the

401

department to conduct a study relating to the state

402

earning a monetary return on energy-related products or

403

processes through the use of negotiated or licensing

404

agreements; requiring the department to submit the study

405

to the Governor and the Legislature; requiring the

406

Department of Environmental Protection, in conjunction

407

with the Department of Agriculture and Consumer Services,

408

to conduct an economic impact analysis on the effect of

409

granting financial incentives to energy producers who use

410

woody biomass; requiring the department to submit the

411

results to the Legislature; establishing a statewide solid

412

waste reduction goal by a certain date; requiring the

413

Department of Environmental Protection to develop a

414

recycling program designed to meet that goal; requiring

415

the Department of Environmental Protection to prepare a

416

report relating to the costs and benefits of implementing

417

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

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requiring the department to present the report to the

419

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

420

the House of Representatives; describing certain specified

421

issues to be included in the report; providing effective

422

dates.

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

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

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

428

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

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74.051 Hearing on order of taking.--

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

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an electric utility that is seeking to appropriate property

432

necessary for an electric generation plant, an associated

433

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

434

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

435

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

436

no more than 30 days after the hearing.

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

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read:

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112.219 Public employee telecommuting programs.--

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

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

442

government administrative unit listed in chapter 20 or the State

443

Constitution, including water management districts, the Senate,

444

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

445

University System, the Community College System, or any other

446

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

447

department, or official of state government.

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(b) "Telecommuting" means a work arrangement whereby

449

selected public employees are allowed to perform the normal

450

duties and responsibilities of their positions through the use of

451

computers or telecommunications while at home or another place

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apart from the employees' usual place of work.

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who is selected for the telecommuting program, based on the

455

requirements of his or her employment position and his or her

456

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

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meets the following criteria:

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1. The employee has demonstrated an ability to complete his

459

or her assigned work with minimal supervision;

460

2. The job classification, workload characteristics, or

461

position of the employee has been identified by the public

462

employing entity as appropriate for telecommuting; and

463

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

464

or disciplinary action that indicates a need for close

465

supervision of his or her assigned work.

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

467

qualified telecommuting employee indicating the days each week,

468

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

469

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

470

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

471

employee's work location for any given day is readily

472

ascertainable. Occasional variations from the schedule are

473

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

474

the employee to accomplish assigned state business.

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

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qualified telecommuting employee during the hours his or her

477

telecommuting schedule indicates he or she is telecommuting.

478

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

479

that a public employing entity normally provides for its

480

qualified telecommuting employee.

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(2) Each public employing entity shall:

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(a) Establish and coordinate the public employee

483

telecommuting program and administer this section for its own

484

employees.

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(b) Appoint an organization-wide telecommuting coordinator

486

to promote telecommuting and provide technical assistance within

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the entity.

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telecommuting program and their job classifications through its

490

respective personnel or payroll information management system.

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

492

shall complete a telecommuting plan that includes a current

493

listing of the job classifications and positions that the entity

494

considers appropriate for telecommuting. The proposed

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telecommuting plan must give equal consideration to civil service

496

and exempt positions in the selection of employees to participate

497

in the telecommuting program. The telecommuting plan must also:

498

(a) Provide measurable financial benefits associated with

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reduced requirements for office space, reductions in energy

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consumption, and reductions in associated emissions of greenhouse

501

gases resulting from telecommuting. Employing public entities

502

operating in office space that is owned or managed by the

503

Department of Management Services shall consult the facilities

504

program in order to ensure its consistency with the strategic

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

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

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telecommuting program will not adversely affect his or her

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eligibility for advancement or any other employment rights or

509

benefits.

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telecommuting program is voluntary, and that the employee may

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elect to cease to participate in the telecommuting program at any

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time.

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

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participation in the program if the employee's continued

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participation would not be in the best interests of the public

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employing entity.

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

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

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(f) Ensure that employees participating in the program are

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subject to the same rules regarding attendance, leave,

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performance reviews, and separation action as are other

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employees.

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(g) Establish the reasonable conditions that the public

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employing entity will impose in order to ensure the appropriate

526

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

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a qualified telecommuting employee's telecommuting site,

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including the installation and maintenance of any telephone

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equipment and ongoing communications services at the

530

telecommuting site which must be used only for official purposes.

531

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

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equipment used in telecommuting, including any liability for

533

personal equipment and costs for personal utility expenses

534

associated with telecommuting.

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(i) Describe the security controls that the entity

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considers appropriate for use at the telecommuting site.

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(j) Provide that qualified telecommuting employees are

538

covered by workers' compensation under chapter 440 when

539

performing official duties at an alternate worksite, such as the

540

home.

541

(k) Prohibit employees engaged in a telecommuting program

542

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

543

site.

544

(l) Require a written agreement specifying the terms and

545

conditions of telecommuting, including verification by the

546

employee that the telecommuting site provides work space that is

547

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

548

holds the state harmless against all claims, excluding workers'

549

compensation claims, resulting from an employee working in the

550

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

551

the qualified telecommuting employee and the supervisor.

552

(4) The telecommuting plan for each public employing

553

entity, and pertinent supporting documents, shall be posted on

554

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

555

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

556

Statutes, is amended to read:

557

163.04 Energy devices based on renewable resources.--

558

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

559

binding agreement may not No deed restrictions, covenants, or

560

similar binding agreements running with the land shall prohibit

561

or have the effect of prohibiting solar collectors, clotheslines,

562

or other energy devices based on renewable resources from being

563

installed on buildings erected on the lots or parcels covered by

564

the deed restriction, covenant, declaration, or binding agreement

565

restrictions, covenants, or binding agreements. A property owner

566

may not be denied permission to install solar collectors or other

567

energy devices based on renewable resources by any entity granted

568

the power or right in any deed restriction, covenant,

569

declaration, or similar binding agreement to approve, forbid,

570

control, or direct alteration of property with respect to

571

residential dwellings and within the boundaries of a condominium

572

unit. not exceeding three stories in height. For purposes of this

573

subsection, Such entity may determine the specific location where

574

solar collectors may be installed on the roof within an

575

orientation to the south or within 45° east or west of due south

576

if provided that such determination does not impair the effective

577

operation of the solar collectors.

578

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

579

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

580

163.3177 Required and optional elements of comprehensive

581

plan; studies and surveys.--

582

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

583

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

584

elements:

585

(a) A future land use plan element designating proposed

586

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

587

land for residential uses, commercial uses, industry,

588

agriculture, recreation, conservation, education, public

589

buildings and grounds, other public facilities, and other

590

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

591

encouraged to designate rural land stewardship areas, pursuant to

592

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

593

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

594

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

595

followed in the control and distribution of population densities

596

and building and structure intensities. The proposed

597

distribution, location, and extent of the various categories of

598

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

599

shall be supplemented by goals, policies, and measurable

600

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

601

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

602

land required to accommodate anticipated growth; the projected

603

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

604

availability of water supplies, public facilities, and services;

605

the need for redevelopment, including the renewal of blighted

606

areas and the elimination of nonconforming uses which are

607

inconsistent with the character of the community; the

608

compatibility of uses on lands adjacent to or closely proximate

609

to military installations; the discouragement of urban sprawl;

610

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

611

the need for job creation, capital investment, and economic

612

development that will strengthen and diversify the community's

613

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

614

planned development use involving combinations of types of uses

615

for which special regulations may be necessary to ensure

616

development in accord with the principles and standards of the

617

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

618

shall include criteria to be used to achieve the compatibility of

619

adjacent or closely proximate lands with military installations.

620

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

621

for future planned industrial use shall be based upon surveys and

622

studies that reflect the need for job creation, capital

623

investment, and the necessity to strengthen and diversify the

624

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

625

projected population of the rural community. The future land use

626

plan of a county may also designate areas for possible future

627

municipal incorporation. The land use maps or map series shall

628

generally identify and depict historic district boundaries and

629

shall designate historically significant properties meriting

630

protection. For coastal counties, the future land use element

631

must include, without limitation, regulatory incentives and

632

criteria that encourage the preservation of recreational and

633

commercial working waterfronts as defined in s. 342.07. The

634

future land use element must clearly identify the land use

635

categories in which public schools are an allowable use. When

636

delineating the land use categories in which public schools are

637

an allowable use, a local government shall include in the

638

categories sufficient land proximate to residential development

639

to meet the projected needs for schools in coordination with

640

public school boards and may establish differing criteria for

641

schools of different type or size. Each local government shall

642

include lands contiguous to existing school sites, to the maximum

643

extent possible, within the land use categories in which public

644

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

645

to comply with these school siting requirements will result in

646

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

647

local comprehensive plan, except for plan amendments described in

648

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

649

Amendments proposed by a local government for purposes of

650

identifying the land use categories in which public schools are

651

an allowable use are exempt from the limitation on the frequency

652

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

653

land use element shall include criteria that encourage the

654

location of schools proximate to urban residential areas to the

655

extent possible and shall require that the local government seek

656

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

657

community centers, with schools to the extent possible and to

658

encourage the use of elementary schools as focal points for

659

neighborhoods. For schools serving predominantly rural counties,

660

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

661

agricultural land use category is shall be eligible for the

662

location of public school facilities if the local comprehensive

663

plan contains school siting criteria and the location is

664

consistent with such criteria. Local governments required to

665

update or amend their comprehensive plan to include criteria and

666

address compatibility of adjacent or closely proximate lands with

667

existing military installations in their future land use plan

668

element shall transmit the update or amendment to the department

669

by June 30, 2006.

670

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

671

locations, and extent of existing and proposed major

672

thoroughfares and transportation routes, including bicycle and

673

pedestrian ways. Transportation corridors, as defined in s.

674

334.03, may be designated in the traffic circulation element

675

pursuant to s. 337.273. If the transportation corridors are

676

designated, the local government may adopt a transportation

677

corridor management ordinance. The traffic circulation element

678

shall incorporate transportation strategies to address reduction

679

in greenhouse gas emissions from the transportation sector.

680

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

681

area designated for purposes of s. 339.175, a transportation

682

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

683

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

684

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

685

1. Traffic circulation, including major thoroughfares and

686

other routes, including bicycle and pedestrian ways.

687

2. All alternative modes of travel, such as public

688

transportation, pedestrian, and bicycle travel.

689

3. Parking facilities.

690

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

691

facilities, and intermodal terminals.

692

5. The availability of facilities and services to serve

693

existing land uses and the compatibility between future land use

694

and transportation elements.

695

6. The capability to evacuate the coastal population before

696

prior to an impending natural disaster.

697

7. Airports, projected airport and aviation development,

698

and land use compatibility around airports.

699

8. An identification of land use densities, building

700

intensities, and transportation management programs to promote

701

public transportation systems in designated public transportation

702

corridors so as to encourage population densities sufficient to

703

support such systems.

704

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

705

334.03, intended for future transportation facilities designated

706

pursuant to s. 337.273. If transportation corridors are

707

designated, the local government may adopt a transportation

708

corridor management ordinance.

709

10. The incorporation of transportation strategies to

710

address reduction in greenhouse gas emissions from the

711

transportation sector.

712

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

713

Statutes, is amended to read:

714

186.007 State comprehensive plan; preparation; revision.--

715

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

716

of the Governor may include goals, objectives, and policies

717

related to the following program areas: economic opportunities;

718

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

719

climate change; health concerns; social welfare concerns; housing

720

and community development; natural resources and environmental

721

management; recreational and cultural opportunities; historic

722

preservation; transportation; and governmental direction and

723

support services.

724

Section 6. Subsections (10), (11), and (15) of section

725

187.201, Florida Statutes, are amended to read:

726

187.201 State Comprehensive Plan adopted.--The Legislature

727

hereby adopts as the State Comprehensive Plan the following

728

specific goals and policies:

729

(10) AIR QUALITY.--

730

(a) Goal.--Florida shall comply with all national air

731

quality standards by 1987, and by 1992 meet standards which are

732

more stringent than 1985 state standards.

733

(b) Policies.--

734

1. Improve air quality and maintain the improved level to

735

safeguard human health and prevent damage to the natural

736

environment.

737

2. Ensure that developments and transportation systems are

738

consistent with the maintenance of optimum air quality.

739

3. Reduce sulfur dioxide and nitrogen oxide emissions and

740

mitigate their effects on the natural and human environment.

741

4. Encourage the use of alternative energy resources that

742

do not degrade air quality.

743

5. Ensure, at a minimum, that power plant fuel conversion

744

does not result in higher levels of air pollution.

745

6. Encourage the development of low-carbon-emitting

746

electric power plants.

747

(11) ENERGY.--

748

(a) Goal.--Florida shall reduce its energy requirements

749

through enhanced conservation and efficiency measures in all end-

750

use sectors, and shall reduce atmospheric carbon dioxide by while

751

at the same time promoting an increased use of renewable energy

752

resources and low-carbon-emitting electric power plants.

753

(b) Policies.--

754

1. Continue to reduce per capita energy consumption.

755

2. Encourage and provide incentives for consumer and

756

producer energy conservation and establish acceptable energy

757

performance standards for buildings and energy consuming items.

758

3. Improve the efficiency of traffic flow on existing

759

roads.

760

4. Ensure energy efficiency in transportation design and

761

planning and increase the availability of more efficient modes of

762

transportation.

763

5. Reduce the need for new power plants by encouraging end-

764

use efficiency, reducing peak demand, and using cost-effective

765

alternatives.

766

6. Increase the efficient use of energy in design and

767

operation of buildings, public utility systems, and other

768

infrastructure and related equipment.

769

7. Promote the development and application of solar energy

770

technologies and passive solar design techniques.

771

8. Provide information on energy conservation through

772

active media campaigns.

773

9. Promote the use and development of renewable energy

774

resources and low-carbon-emitting electric power plants.

775

10. Develop and maintain energy preparedness plans that

776

will be both practical and effective under circumstances of

777

disrupted energy supplies or unexpected price surges.

778

(15) LAND USE.--

779

(a) Goal.--In recognition of the importance of preserving

780

the natural resources and enhancing the quality of life of the

781

state, development shall be directed to those areas which have in

782

place, or have agreements to provide, the land and water

783

resources, fiscal abilities, and service capacity to accommodate

784

growth in an environmentally acceptable manner.

785

(b) Policies.--

786

1. Promote state programs, investments, and development and

787

redevelopment activities which encourage efficient development

788

and occur in areas which will have the capacity to service new

789

population and commerce.

790

2. Develop a system of incentives and disincentives which

791

encourages a separation of urban and rural land uses while

792

protecting water supplies, resource development, and fish and

793

wildlife habitats.

794

3. Enhance the livability and character of urban areas

795

through the encouragement of an attractive and functional mix of

796

living, working, shopping, and recreational activities.

797

4. Develop a system of intergovernmental negotiation for

798

siting locally unpopular public and private land uses which

799

considers the area of population served, the impact on land

800

development patterns or important natural resources, and the

801

cost-effectiveness of service delivery.

802

5. Encourage and assist local governments in establishing

803

comprehensive impact-review procedures to evaluate the effects of

804

significant development activities in their jurisdictions.

805

6. Consider, in land use planning and regulation, the

806

impact of land use on water quality and quantity; the

807

availability of land, water, and other natural resources to meet

808

demands; and the potential for flooding.

809

7. Provide educational programs and research to meet state,

810

regional, and local planning and growth-management needs.

811

8. Provide for the siting of low-carbon-emitting electric

812

power plants, including nuclear power plants, to meet the

813

state's determined need for electric power generation.

814

Section 7. Section 193.804, Florida Statutes, is created to

815

read:

816

193.804 Assessment of solar energy devices.--

817

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

818

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

819

added to the assessed value of the property for purposes of

820

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

821

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

822

filed as provided by law giving a brief description of the

823

device. The property appraiser may require the taxpayer to

824

produce such additional evidence as may be necessary to prove the

825

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

826

device assessment.

827

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

828

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

829

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

830

the Department of Environmental Protection for a recommendation.

831

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

832

notify the taxpayer of such action. The Department of

833

Environmental Protection shall immediately consider whether the

834

taxpayer is entitled to the solar energy device assessment and

835

certify its recommendation to the property appraiser.

836

(3) The Department of Environmental Protection shall adopt

837

rules to administer the solar energy device assessment provisions

838

of this section.

839

Section 8. Subsection (14) of section 196.012, Florida

840

Statutes, is amended to read:

841

196.012 Definitions.--For the purpose of this chapter, the

842

following terms are defined as follows, except where the context

843

clearly indicates otherwise:

844

(14) "Renewable energy source device" or "device" means any

845

of the following equipment which, when installed in connection

846

with a dwelling unit or other structure, collects, transmits,

847

stores, or uses solar energy, wind energy, or energy derived from

848

geothermal deposits:

849

(a) Solar energy collectors.

850

(b) Storage tanks and other storage systems, excluding

851

swimming pools used as storage tanks.

852

853

(d) Thermostats and other control devices.

854

(e) Heat exchange devices.

855

(f) Pumps and fans.

856

(g) Roof ponds.

857

(h) Freestanding thermal containers.

858

(i) Pipes, ducts, refrigerant handling systems, and other

859

equipment used to interconnect such systems; however,

860

conventional backup systems of any type are not included in this

861

definition.

862

(j) Windmills.

863

(k) Wind-driven generators.

864

(l) Power conditioning and storage devices that use wind

865

energy to generate electricity or mechanical forms of energy.

866

(m) Pipes and other equipment used to transmit hot

867

geothermal water to a dwelling or structure from a geothermal

868

deposit.

869

870

"Renewable energy source device" or "device" also means any heat

871

pump with an energy efficiency ratio (EER) or a seasonal energy

872

efficiency ratio (SEER) exceeding 8.5 and a coefficient of

873

performance (COP), exceeding 2.8; waste heat recovery system; or

874

water heating system the primary heat source of which is a

875

dedicated heat pump or the otherwise unused capacity of a heat

876

pump heating, ventilating, and air-conditioning system, provided

877

such device is installed in a structure substantially complete

878

before January 1, 1985, and whether or not solar energy, wind

879

energy, or energy derived from geothermal deposits is collected,

880

transmitted, stored, or used by such device.

881

Section 9. Subsection (2) of section 206.43, Florida

882

Statutes, is amended to read:

883

206.43 Terminal supplier, importer, exporter, blender, and

884

wholesaler to report to department monthly; deduction.--The taxes

885

levied and assessed as provided in this part shall be paid to the

886

department monthly in the following manner:

887

(2)(a) Such report may show in detail the number of gallons

888

so sold and delivered by the terminal supplier, importer,

889

exporter, blender, or wholesaler in the state, and the

890

destination as to the county in the state to which the motor fuel

891

was delivered for resale at retail or use shall be specified in

892

the report. The total taxable gallons sold shall agree with the

893

total gallons reported to the county destinations for resale at

894

retail or use. All gallons of motor fuel sold shall be invoiced

895

and shall name the county of destination for resale at retail or

896

use.

897

(b) Each terminal supplier, importer, exporter, blender,

898

and wholesaler shall also include in the report to the department

899

the number of gallons of gasoline fuel meeting and not meeting

900

the requirements of s. 526.203.

901

Section 10. Paragraph (ccc) of subsection (7) of section

902

212.08, Florida Statutes, is amended to read:

903

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

904

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

905

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

906

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

907

hereby specifically exempt from the tax imposed by this chapter.

908

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

909

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

910

otherwise taxable under this chapter when payment is made by a

911

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

912

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

913

representative or employee is subsequently reimbursed by the

914

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

915

subsection do not inure to any transaction that is otherwise

916

taxable under this chapter unless the entity has obtained a sales

917

tax exemption certificate from the department or the entity

918

obtains or provides other documentation as required by the

919

department. Eligible purchases or leases made with such a

920

certificate must be in strict compliance with this subsection and

921

departmental rules, and any person who makes an exempt purchase

922

with a certificate that is not in strict compliance with this

923

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

924

department may adopt rules to administer this subsection.

925

(ccc) Equipment, machinery, and other materials for

926

renewable energy technologies.--

927

1. As used in this paragraph, the term:

928

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

929

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

930

source of energy and meeting the specifications for biodiesel and

931

biodiesel blends with petroleum products as adopted by the

932

Department of Agriculture and Consumer Services. Biodiesel may

933

refer to biodiesel blends designated BXX, where XX represents the

934

volume percentage of biodiesel fuel in the blend.

935

b. "Ethanol" means an nominally anhydrous denatured alcohol

936

produced by the conversion of carbohydrates fermentation of plant

937

sugars meeting the specifications for fuel ethanol and fuel

938

ethanol blends with petroleum products as adopted by the

939

Department of Agriculture and Consumer Services. Ethanol may

940

refer to fuel ethanol blends designated EXX, where XX represents

941

the volume percentage of fuel ethanol in the blend.

942

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

943

a hydrogen-rich fuel in an electrochemical process to generate

944

energy, electricity, or the transfer of heat.

945

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

946

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

947

energy.

948

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

949

from the tax imposed by this chapter:

950

a. Hydrogen-powered vehicles, materials incorporated into

951

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

952

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

953

taxpayers.

954

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

955

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

956

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

957

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

958

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

959

each state fiscal year for all taxpayers. Gasoline fueling

960

station pump retrofits for ethanol (E10-E100) distribution

961

qualify for the exemption provided in this sub-subparagraph.

962

3. The Florida Energy and Climate Commission Department of

963

Environmental Protection shall provide to the department a list

964

of items eligible for the exemption provided in this paragraph.

965

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

966

available to a purchaser only through a refund of previously paid

967

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

968

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

969

refund on an eligible item must notify any subsequent purchaser

970

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

971

tax paid. This notification must be provided to the subsequent

972

purchaser on the sales invoice or other proof of purchase.

973

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

974

paragraph, a purchaser shall file an application with the

975

commission Department of Environmental Protection. The

976

application shall be developed by the commission Department of

977

Environmental Protection, in consultation with the department,

978

and shall require:

979

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

980

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

981

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

982

other permanent identification number.

983

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

984

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

985

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

986

purchased.

987

(IV) A sworn statement that the information provided is

988

accurate and that the requirements of this paragraph have been

989

met.

990

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

991

commission Department of Environmental Protection shall review

992

the application and shall notify the applicant of any

993

deficiencies. Upon receipt of a completed application, the

994

commission Department of Environmental Protection shall evaluate

995

the application for exemption and issue a written certification

996

that the applicant is eligible for a refund or issue a written

997

denial of such certification within 60 days after receipt of the

998

application. The commission Department of Environmental

999

Protection shall provide the department with a copy of each

1000

certification issued upon approval of an application.

1001

d. Each certified applicant shall be responsible for

1002

forwarding a certified copy of the application and copies of all

1003

required documentation to the department within 6 months after

1004

certification by the commission Department of Environmental

1005

Protection.

1006

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

1007

application made pursuant to this paragraph. A refund approved

1008

pursuant to this paragraph shall be made within 30 days after

1009

formal approval by the department.

1010

f. The commission may adopt the form for the application

1011

for a certificate, requirements for the content and format of

1012

information submitted to the commission in support of the

1013

application, other procedural requirements, and criteria by which

1014

the application will be determined by rule. The department may

1015

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

1016

administer this paragraph, including rules establishing

1017

additional forms and procedures for claiming this exemption.

1018

g. The commission Department of Environmental Protection

1019

shall be responsible for ensuring that the total amounts of the

1020

exemptions authorized do not exceed the limits as specified in

1021

subparagraph 2.

1022

5. The commission Department of Environmental Protection

1023

shall determine and publish on a regular basis the amount of

1024

sales tax funds remaining in each fiscal year.

1025

6. This paragraph expires July 1, 2010.

1026

Section 11. Subsection (1) of section 220.192, Florida

1027

Statutes, is amended, present subsection (6) of that section is

1028

renumbered as subsection (7) and amended, present subsection (7)

1029

of that section is renumbered as subsection (8), and a new

1030

subsection (6) is added to that section, to read:

1031

220.192 Renewable energy technologies investment tax

1032

credit.--

1033

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

1034

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

1035

212.08(7)(ccc).

1036

(b) "Corporation" includes a general partnership, limited

1037

partnership, limited liability company, unincorporated business,

1038

or other business entity, including entities taxed as

1039

partnerships for federal income tax purposes.

1040

(c)(b) "Eligible costs" means:

1041

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

1042

maintenance costs, and research and development costs incurred

1043

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

1044

million per state fiscal year for all taxpayers, in connection

1045

with an investment in hydrogen-powered vehicles and hydrogen

1046

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

1047

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

1048

technologies in the state.

1049

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

1050

maintenance costs, and research and development costs incurred

1051

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

1052

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

1053

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

1054

investment in commercial stationary hydrogen fuel cells in the

1055

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

1056

installing, and equipping such technologies in the state.

1057

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

1058

maintenance costs, and research and development costs incurred

1059

between July 1, 2006, and June 30, 2010, up to a limit of $6.5

1060

million per state fiscal year for all taxpayers, in connection

1061

with an investment in the production, storage, and distribution

1062

of biodiesel (B10-B100) and ethanol (E10-E100) in the state,

1063

including the costs of constructing, installing, and equipping

1064

such technologies in the state. Gasoline fueling station pump

1065

retrofits for ethanol (E10-E100) distribution qualify as an

1066

eligible cost under this subparagraph.

1067

(d)(c) "Ethanol" means ethanol as defined in s.

1068

212.08(7)(ccc).

1069

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

1070

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

1071

(f) "Wind energy" or "wind turbines" has the same meaning

1072

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

1073

(g) "Taxpayer" includes corporations as defined in ss.

1074

220.03 or 220.192.

1075

(6) TRANSFERABILITY OF CREDIT.--

1076

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

1077

any corporation or subsequent transferee allowed a tax credit

1078

under this section may transfer the credit, in whole or in part,

1079

to any taxpayer by written agreement without transferring any

1080

ownership interest in the property generating the credit or any

1081

interest in the entity owning such property. The transferee is

1082

entitled to apply the credits against the tax with the same

1083

effect as if the transferee had incurred the eligible costs.

1084

(b) To perfect the transfer, the transferor shall provide

1085

the department with a written transfer statement notifying the

1086

department of the transferor's intent to transfer the tax credits

1087

to the transferee; the date the transfer is effective; the

1088

transferee's name, address, and federal taxpayer identification

1089

number; the tax period; and the amount of tax credits to be

1090

transferred. The department shall, upon receipt of a transfer

1091

statement conforming to the requirements of this paragraph,

1092

provide the transferee with a certificate reflecting the tax

1093

credit amounts transferred. A copy of the certificate must be

1094

attached to each tax return for which the transferee seeks to

1095

apply such tax credits.

1096

1097

held by a corporation and not transferred under this subsection

1098

shall be passed through to the taxpayers designated as partners,

1099

members, or owners, respectively, in the manner agreed to by such

1100

persons whether or not such partners, members, or owners are

1101

allocated or allowed any portion of the federal energy tax credit

1102

for the eligible costs.

1103

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

1104

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

1105

administer this section, including rules relating to:

1106

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

1107

section, the requirements and basis for establishing an

1108

entitlement to a credit, and the examination and audit procedures

1109

required to administer this section.

1110

(b) The implementation and administration of the provisions

1111

allowing a transfer of a tax credit, including rules prescribing

1112

forms, reporting requirements, and specific procedures,

1113

guidelines, and requirements necessary to transfer a tax credit.

1114

Section 12. Paragraphs (f) and (g) are added to subsection

1115

(2) and paragraphs (f) and (g) of subsection (3) of section

1116

220.193, Florida Statutes, are amended, and paragraphs (j) and

1117

(k) are added to subsection (3) of that subsection, to read:

1118

220.193 Florida renewable energy production credit.--

1119

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

1120

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

1121

producer of such electricity which decreases the amount of

1122

electricity that the producer would otherwise have to purchase.

1123

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

1124

partnership, limited liability company, trust, or other

1125

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

1126

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

1127

is disregarded as a separate entity from the corporation under

1128

chapter 220.

1129

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

1130

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

1131

production and sale of electricity from a new or expanded Florida

1132

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

1133

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

1134

electrical production. For an expanded facility, the credit shall

1135

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

1136

that are achieved after May 1, 2006.

1137

(f)1. Tax credits that may be available under this section

1138

to an entity eligible under this section may be transferred after

1139

a merger or acquisition to the surviving or acquiring entity and

1140

used in the same manner with the same limitations.

1141

2. The entity or its surviving or acquiring entity as

1142

described in subparagraph 1. may transfer any unused credit in

1143

whole or in units of no less than 25 percent of the remaining

1144

credit. The entity acquiring such credit may use it in the same

1145

manner and with the same limitations under this section. Such

1146

transferred credits may not be transferred again although they

1147

may succeed to a surviving or acquiring entity subject to the

1148

same conditions and limitations as described in this section.

1149

3. In the event the credit provided for under this section

1150

is reduced as a result of an examination or audit by the

1151

department, such tax deficiency shall be recovered from the first

1152

entity or the surviving or acquiring entity to have claimed such

1153

credit up to the amount of credit taken. Any subsequent

1154

deficiencies shall be assessed against any entity acquiring and

1155

claiming such credit, or in the case of multiple succeeding

1156

entities in the order of credit succession.

1157

4. It is the intent of the Legislature that this paragraph

1158

is remedial in nature and applies retroactively to the effective

1159

date of the law establishing the credit.

1160

(g) Notwithstanding any other provision of this section,

1161

credits for the production and sale of electricity from a new or

1162

expanded Florida renewable energy facility may be earned between

1163

January 1, 2007 and June 30, 2010. The combined total amount of

1164

tax credits which may be granted for all taxpayers under this

1165

section is limited to $5 million per state fiscal year. It is the

1166

intent of the Legislature that this paragraph is remedial in

1167

nature and applies retroactively to the effective date of the law

1168

establishing the credit.

1169

(j) When an entity treated as a partnership or a

1170

disregarded entity under this chapter produces and sells

1171

electricity from a new or expanded renewable energy facility, the

1172

tax credit earned by such entity shall pass through in the same

1173

manner as items of income and expense pass through for federal

1174

income tax purposes. It is the intent of the Legislature that

1175

this paragraph is remedial in nature and applies retroactively to

1176

the effective date of the law establishing the credit.

1177

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

1178

this section does not reduce the amount of any credit available

1179

to such taxpayer under s. 220.186. It is the intent of the

1180

Legislature that this paragraph is remedial in nature and applies

1181

retroactively to the effective date of the law establishing the

1182

credit.

1183

Section 13. Subsection (2) of section 253.02, Florida

1184

Statutes, is amended to read:

1185

253.02 Board of trustees; powers and duties.--

1186

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

1187

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

1188

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

1189

four trustees and as provided in this subsection.

1190

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

1191

economical management of state lands and utility services and if

1192

the Public Service Commission has determined a need exists or the

1193

Federal Energy Regulatory Commission has granted a Certificate of

1194

Public Convenience and Necessity, the authority to grant

1195

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

1196

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

1197

construction and operation of natural gas pipeline transmission

1198

and linear facilities, including electric transmission and

1199

distribution facilities, may be delegated to

1200

the Secretary of Environmental Protection for facilities subject

1201

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

1202

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

1203

Florida Statutes, to read:

1204

253.034 State-owned lands; uses.--

1205

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

1206

organization, or natural gas company presents competent and

1207

substantial evidence that its use of nonsovereignty state-owned

1208

lands is reasonable based upon a consideration of economic and

1209

environmental factors, including an assessment of practicable

1210

alternative alignments and assurance that the lands will remain

1211

in their predominantly natural condition, the public utility,

1212

regional transmission organization, or natural gas company may be

1213

granted fee simple title, easements, or other interests in

1214

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

1215

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

1216

agency in the state for:

1217

1. Electric transmission and distribution lines;

1218

2. Natural gas pipelines; or

1219

3. Other linear facilities for which the Public Service

1220

Commission has determined a need exists or the Federal Energy

1221

Regulatory Commission has issued a Certificate of Public

1222

Convenience and Necessity.

1223

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

1224

acquired pursuant to this subsection, the grantee shall pay an

1225

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

1226

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

1227

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

1228

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

1229

acquired by the grantee. The grantor shall approve the property

1230

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

1231

relation to the land relinquished by the grantor agency and a

1232

determination that the economic, ecological, and recreational

1233

value is at least equivalent to that of the property transferred

1234

to the public utility, regional transmission organization, or

1235

natural gas company.

1236

1237

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

1238

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

1239

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

1240

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

1241

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

1242

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

1243

on the geographic location in relation to the land relinquished

1244

by the grantor agency and a determination that the economic and

1245

ecological or recreational value is at least equivalent to that

1246

of the property transferred to the public utility, regional

1247

transmission organization, or natural gas company.

1248

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

1249

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

1250

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

1251

one-half of the cost differential between the cost of

1252

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

1253

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

1254

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

1255

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

1256

interest in other available land.

1257

Section 15. Paragraph (d) of subsection (3) of section

1258

255.249, Florida Statutes, is amended to read:

1259

255.249 Department of Management Services; responsibility;

1260

department rules.--

1261

(3)

1262

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

1263

annually provide to the department all information regarding

1264

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

1265

agency, reviews of lease-expiration schedules for each geographic

1266

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

1267

analyses related to consolidation plans by an agency,

1268

telecommuting plans, and current occupancy and relocation costs,

1269

inclusive of furnishings, fixtures and equipment, data, and

1270

communications.

1271

Section 16. Section 255.251, Florida Statutes, is amended

1272

to read:

1273

255.251 Energy Conservation and Sustainable in Buildings

1274

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

1275

cited as the "Florida Energy Conservation and Sustainable in

1276

Buildings Act of 1974."

1277

Section 17. Section 255.252, Florida Statutes, is amended

1278

to read:

1279

255.252 Findings and intent.--

1280

(1) Operating and maintenance expenditures associated with

1281

energy equipment and with energy consumed in state-financed and

1282

leased buildings represent a significant cost over the life of a

1283

building. Energy conserved by appropriate building design not

1284

only reduces the demand for energy but also reduces costs for

1285

building operation. For example, commercial buildings are

1286

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

1287

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

1288

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

1289

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

1290

consonant with space-use requirements, the handling of occupancy

1291

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

1292

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

1293

necessary to conserving energy.

1294

(2) Significant efforts are needed to build energy-

1295

efficient state-owned buildings that meet environmental standards

1296

and underway by the General Services Administration, the National

1297

Institute of Standards and Technology, and others to detail the

1298

considerations and practices for energy conservation in

1299

buildings. Most important is that energy-efficient designs

1300

provide energy savings over the life of the building structure.

1301

Conversely, energy-inefficient designs cause excess and wasteful

1302

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

1303

many decades and with energy costs escalating rapidly, it is

1304

essential that the costs of operation and maintenance for energy-

1305

using equipment and sustainable materials be included in all

1306

design proposals for state-owned state buildings.

1307

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

1308

material considerations become a function of building design, and

1309

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

1310

shall be the policy of the state that buildings constructed and

1311

financed by the state be designed and constructed to meet the

1312

United States Green Building Council (USGBC) Leadership in Energy

1313

and Environmental Design (LEED) rating system, the Green Building

1314

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

1315

Building Coalition standards, or a nationally recognized high-

1316

performance green building rating system as approved by the

1317

department in a manner which will minimize the consumption of

1318

energy used in the operation and maintenance of such buildings.

1319

It is further the policy of the state, when economically

1320

feasible, to retrofit existing state-owned buildings in a manner

1321

that which will minimize the consumption of energy used in the

1322

operation and maintenance of such buildings.

1323

(4) In addition to designing and constructing new buildings

1324

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

1325

operate and, maintain, and renovate existing state facilities, or

1326

provide for their renovation, in a manner that which will

1327

minimize energy consumption and maximize building sustainability

1328

as well as ensure that facilities leased by the state are

1329

operated so as to minimize energy use. It is further the policy

1330

of this state that the renovation of existing state facilities be

1331

in accordance with the United States Green Building Council's

1332

Leadership in Energy and Environmental Design (LEED) rating

1333

system, the Green Building Initiative's Green Globes rating

1334

system, the Florida Green Building Coalition standards, or a

1335

nationally recognized high-performance green building rating

1336

system as approved by the department. State agencies are

1337

encouraged to consider shared savings financing of such energy

1338

efficiency and conservation projects, using contracts which split

1339

the resulting savings for a specified period of time between the

1340

state agency and the private firm or cogeneration contracts that

1341

which otherwise permit the state to lower its net energy costs.

1342

Such energy contracts may be funded from the operating budget.

1343

(5) Each state agency occupying space within buildings

1344

owned or managed by the Department of Management Services must

1345

identify and compile a list of projects determined to be suitable

1346

for a guaranteed energy, water, and wastewater performance

1347

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

1348

compiled by each state agency shall be submitted to the

1349

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

1350

include all criteria used to determine suitability. The list of

1351

projects shall be developed from the list of state-owned

1352

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

1353

the state agency is responsible for paying the expenses of

1354

utilities and other operating expenses as they relate to energy

1355

use. In consultation with each state agency executive officer, by

1356

July 1, 2009, the department shall prioritize all projects deemed

1357

suitable by each state agency and shall develop an energy-

1358

efficiency project schedule based on factors such as project

1359

magnitude, efficiency and effectiveness of energy conservation

1360

measures to be implemented, and other factors that may prove to

1361

be advantageous to pursue. The schedule shall provide the

1362

deadline for guaranteed energy, water, and wastewater performance

1363

savings contract improvements to be made to the state-owned

1364

buildings.

1365

Section 18. Section 255.253, Florida Statutes, is amended

1366

to read:

1367

255.253 Definitions; ss. 255.251-255.258.--

1368

(1) "Department" means the Department of Management

1369

Services.

1370

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

1371

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

1372

number describing the energy requirements at the building

1373

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

1374

cubic foot of occupied volume, as appropriate under defined

1375

internal and external ambient conditions over an entire seasonal

1376

cycle. As experience develops on the energy performance achieved

1377

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

1378

building performance with respect to energy consumption.

1379

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

1380

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

1381

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

1382

facility's use.

1383

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

1384

energy conservation measures and maintenance services through a

1385

private firm which may own any purchased equipment for the

1386

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

1387

unless so authorized by the department. The Such contract shall

1388

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

1389

negotiated portion of the savings resulting from the conservation

1390

measures and maintenance services provided by the private firm

1391

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

1392

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

1393

the same energy from current sources.

1394

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

1395

and comfortable for its occupants and is economical to operate

1396

while conserving resources, including energy, water, raw

1397

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

1398

toxic materials and waste in its design, construction,

1399

landscaping, and operation.

1400

(7) "Sustainable building rating" means a rating

1401

established by the United States Green Building Council (USGBC)

1402

Leadership in Energy and Environmental Design (LEED) rating

1403

system, the Green Building Initiative's Green Globes rating

1404

system, or the Florida Green Building Coalition standards.

1405

Section 19. Subsection (1) of section 255.254, Florida

1406

Statutes, is amended to read:

1407

255.254 No facility constructed or leased without life-

1408

cycle costs.--

1409

(1) A No state agency may not shall lease, construct, or

1410

have constructed, within limits prescribed herein, a facility

1411

without having secured from the department an a proper evaluation

1412

of life-cycle costs based on sustainable building ratings, as

1413

computed by an architect or engineer. Furthermore, construction

1414

shall proceed only upon disclosing to the department, for the

1415

facility chosen, the life-cycle costs as determined in s.

1416

255.255, its sustainable building rating goal, and the

1417

capitalization of the initial construction costs of the building.

1418

The life-cycle costs and the sustainable building rating goal

1419

shall be a primary considerations consideration in the selection

1420

of a building design. Such analysis shall be required only for

1421

construction of buildings with an area of 5,000 square feet or

1422

greater. For leased buildings 5,000 square feet areas of 20,000

1423

square feet or greater within a given building boundary, an

1424

energy performance a life-cycle analysis consisting of a

1425

projection of the annual energy consumption costs in dollars per

1426

square foot of major energy-consuming equipment and systems based

1427

on actual expenses, from the last 3 years, and projected forward

1428

for the term of the proposed lease shall be performed. The, and a

1429

lease shall only be made only where there is a showing that the

1430

energy life-cycle costs incurred by the state are minimal

1431

compared to available like facilities. Any building leased by the

1432

state from a private-sector entity shall include, as a part of

1433

the lease, provisions for monthly energy-use data to be collected

1434

and submitted monthly to the department by the owner of the

1435

building.

1436

Section 20. Subsection (1) of section 255.255, Florida

1437

Statutes, is amended to read:

1438

255.255 Life-cycle costs.--

1439

(1) The department shall adopt promulgate rules and

1440

procedures, including energy conservation performance guidelines,

1441

based on sustainable building ratings, for conducting a life-

1442

cycle cost analysis of alternative architectural and engineering

1443

designs and alternative major items of energy-consuming equipment

1444

to be retrofitted in existing state-owned or leased facilities

1445

and for developing energy performance indices to evaluate the

1446

efficiency of energy utilization for competing designs in the

1447

construction of state-financed and leased facilities.

1448

Section 21. Section 255.257, Florida Statutes, is amended

1449

to read:

1450

255.257 Energy management; buildings occupied by state

1451

agencies.--

1452

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

1453

shall collect data on energy consumption and cost. The data

1454

gathered shall be on state-owned facilities and metered state-

1455

leased facilities of 5,000 net square feet or more. These data

1456

will be used in the computation of the effectiveness of the state

1457

energy management plan and the effectiveness of the energy

1458

management program of each of the state agencies. Collected data

1459

shall be reported annually to the department in a format

1460

prescribed by the department.

1461

(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency, the

1462

Florida Public Service Commission, the Department of Military

1463

Affairs, and the judicial branch shall appoint a coordinator

1464

whose responsibility shall be to advise the head of the state

1465

agency on matters relating to energy consumption in facilities

1466

under the control of that head or in space occupied by the

1467

various units comprising that state agency, in vehicles operated

1468

by that state agency, and in other energy-consuming activities of

1469

the state agency. The coordinator shall implement the energy

1470

management program agreed upon by the state agency concerned and

1471

assist the department in the development of the State Energy

1472

Management Plan.

1473

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

1474

Department of Management Services shall may develop a state

1475

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

1476

following elements:

1477

(a) Data-gathering requirements;

1478

(b) Building energy audit procedures;

1479

1480

(d) Employee energy education program measures;

1481

(e) Energy consumption reduction techniques;

1482

(f) Training program for state agency energy management

1483

coordinators; and

1484

(g) Guidelines for building managers.

1485

1486

The plan shall include a description of actions to be taken by

1487

all state agencies to reduce consumption of electricity and

1488

nonrenewable energy sources used for space heating and cooling,

1489

ventilation, lighting, water heating, and transportation.

1490

(4) All state agencies shall adopt the United States Green

1491

Building Council's Leadership in Energy and Environmental Design

1492

(LEED) rating system, the Green Building Initiative's Green

1493

Globes rating system, or the Florida Green Building Coalition

1494

standards.

1495

(5) A state agency may not enter into new leasing

1496

agreements for office space that does not meet Energy Star

1497

building standards unless the appropriate state government entity

1498

executive determines that no other viable or cost-effective

1499

alternative exists.

1500

(6) All state agencies shall develop energy-conservation

1501

measures and guidelines for new and existing office space where

1502

state agencies occupy more than 5,000 square feet. These

1503

conservation measures shall focus on programs that may reduce

1504

energy consumption and, when established, will provide a net

1505

reduction in occupancy costs.

1506

Section 22. Section 286.275, Florida Statutes, is created

1507

to read:

1508

286.275 Climate friendly public business.--The Legislature

1509

recognizes the importance of leadership by state government in

1510

the area of energy efficiency and in reducing the greenhouse gas

1511

emissions of state government operations. The following shall

1512

pertain to all state government entities, as defined in this

1513

section, when conducting public business:

1514

(1) The Department of Management Services shall develop the

1515

Florida Climate Friendly Preferred Products List. In maintaining

1516

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

1517

Environmental Protection, shall continually assess products that

1518

are currently available for purchase under state term contracts

1519

and identify specific products and vendors that provide clear

1520

energy efficiency or other environmental benefits over competing

1521

products. When procuring products from state term contracts,

1522

state agencies shall first consult the Florida Climate Friendly

1523

Preferred Products List and procure such products if the price is

1524

comparable.

1525

(2) Effective July 1, 2008, state agencies shall contract

1526

for meeting and conference space only with hotels or conference

1527

facilities that have received the "Green Lodging" designation

1528

from the Department of Environmental Protection for best

1529

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

1530

unless the responsible state agency's chief executive officer

1531

makes a determination that no other viable alternative exists.

1532

The Department of Environmental Protection is authorized to adopt

1533

rules to implement the "Green Lodging" program.

1534

(3) The Department of Environmental Protection may

1535

establish voluntary technical assistance programs in accordance

1536

with s. 403.074. Such programs may include the Clean Marinas,

1537

Clean Boatyards, Clean Retailers, Clean Boaters, and Green Yards

1538

Programs. The programs may include certifications, designations,

1539

or other forms of recognition. The department may implement some

1540

or all of these programs through rulemaking; however, the rules

1541

may not impose requirements on a person who does not wish to

1542

participate in a program. Each state agency shall patronize

1543

businesses that have received such certifications or designations

1544

to the greatest extent practicable.

1545

(4) Each state agency shall ensure that all maintained

1546

vehicles meet minimum maintenance schedules shown to reduce fuel

1547

consumption, which include ensuring appropriate tire pressures

1548

and tread depth, replacing fuel filters and emission filters at

1549

recommended intervals, using proper motor oils, and performing

1550

timely motor maintenance. Each state agency shall measure and

1551

report compliance to the Department of Management Services

1552

through the Equipment Management Information System database.

1553

(5) When procuring a vehicle, state agencies shall first

1554

define the intended purpose of the vehicle and determine for

1555

which of the following use classes the vehicle is being procured:

1556

(a) State business travel, designated operator;

1557

(b) State business travel, pool operators;

1558

1559

(d) Conveyance of passengers;

1560

(e) Conveyance of building or maintenance materials and

1561

supplies;

1562

(f) Off-road vehicles, motorcycles, and all-terrain

1563

vehicles;

1564

(g) Emergency response; or

1565

(h) Other.

1566

1567

Vehicles in paragraphs (a) through (h), when being processed for

1568

purchase or leasing agreements, must be selected for the greatest

1569

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

1570

data are available. Exceptions may be made for certain individual

1571

vehicles in subparagraph 7., when accompanied, during the

1572

procurement process, by documentation indicating that the

1573

operator or operators will exclusively be emergency first

1574

responders or have special documented need for exceptional

1575

vehicle performance characteristics. Any request for an exception

1576

must be approved by the purchasing agency's chief executive

1577

officer and any exceptional performance characteristics denoted

1578

as a part of the procurement process prior to purchase.

1579

(6) All state agencies shall use ethanol and biodiesel-

1580

blended fuels, when available. State agencies administering

1581

central fueling operations for state-owned vehicles shall procure

1582

biofuels for fleet needs to the greatest extent practicable.

1583

Section 23. Paragraph (b) of subsection (2) and subsection

1584

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

1585

287.063 Deferred-payment commodity contracts; preaudit

1586

review.--

1587

(2)

1588

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

1589

criteria for approving purchases made under deferred-payment

1590

contracts which require the payment of interest. Criteria shall

1591

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

1592

1. No contract shall be approved in which interest exceeds

1593

the statutory ceiling contained in this section. However, the

1594

interest component of any master equipment financing agreement

1595

entered into for the purpose of consolidated financing of a

1596

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

1597

deemed to comply with the interest rate limitation of this

1598

section so long as the interest component of every interagency

1599

agreement under such master equipment financing agreement

1600

complies with the interest rate limitation of this section.

1601

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

1602

be approved, unless it can be satisfactorily demonstrated and

1603

documented to the Chief Financial Officer that failure to make

1604

such deferred-payment purchase would adversely affect an agency

1605

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

1606

Officer may approve any deferred-payment purchase if the Chief

1607

Financial Officer determines that such purchase is economically

1608

beneficial to the state.

1609

3. No agency shall obligate an annualized amount of

1610

payments for deferred-payment purchases in excess of current

1611

operating capital outlay appropriations, unless specifically

1612

authorized by law or unless it can be satisfactorily demonstrated

1613

and documented to the Chief Financial Officer that failure to

1614

make such deferred-payment purchase would adversely affect an

1615

agency in the performance of its duties.

1616

3.4. No contract shall be approved which extends payment

1617

beyond 5 years, unless it can be satisfactorily demonstrated and

1618

documented to the Chief Financial Officer that failure to make

1619

such deferred-payment purchase would adversely affect an agency

1620

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

1621

the useful life of the equipment unless the contract provides for

1622

the replacement or the extension of the useful life of the

1623

equipment during the term of the loan.

1624

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

1625

any such deferred payment commodity contract must be supported

1626

from available recurring funds appropriated to the agency in an

1627

appropriation category, other than the expense appropriation

1628

category as defined in chapter 216, which that the Chief

1629

Financial Officer has determined is appropriate or that the

1630

Legislature has designated for payment of the obligation incurred

1631

under this section.

1632

Section 24. Subsections (10) and (11) of section 287.064,

1633

Florida Statutes, are amended to read:

1634

287.064 Consolidated financing of deferred-payment

1635

purchases.--

1636

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

1637

the cost of energy, water, or wastewater efficiency and

1638

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

1639

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

1640

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

1641

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

1642

contractor shall provide for the replacement or the extension of

1643

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

1644

Costs incurred pursuant to a guaranteed energy performance

1645

savings contract, including the cost of energy conservation

1646

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

1647

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

1648

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

1649

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

1650

master equipment financing agreement under this subsection may

1651

exceed 5 years but may not exceed 10 years.

1652

(11) For purposes of consolidated financing of deferred

1653

payment commodity contracts under this section by a state agency,

1654

the annualized amount of any such contract must be supported from

1655

available recurring funds appropriated to the agency in an

1656

appropriation category, other than the expense appropriation

1657

category as defined in chapter 216, which that the Chief

1658

Financial Officer has determined is appropriate or which that the

1659

Legislature has designated for payment of the obligation incurred

1660

under this section.

1661

Section 25. Subsection (12) is added to section 287.16,

1662

Florida Statutes, to read:

1663

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

1664

Management Services shall have the following powers, duties, and

1665

responsibilities:

1666

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

1667

Transportation, an analysis of ethanol and biodiesel use by the

1668

Department of Transportation through its central fueling

1669

facilities. The Department of Management Services shall encourage

1670

other state government entities to analyze transportation fuel

1671

usage, including the different types and percentages of fuels

1672

consumed, and report such information to the department.

1673

Section 26. Present paragraphs (a) through (n) of

1674

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

1675

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

1676

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

1677

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

1678

(4) of that section, to read:

1679

288.1089 Innovation Incentive Program.--

1680

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

1681

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

1682

mechanical, or thermal energy produced from a method that uses

1683

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

1684

cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,

1685

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

1686

or geothermal.

1687

(3) To be eligible for consideration for an innovation

1688

incentive award, an innovation business, or research and

1689

development entity, or alternative and renewable energy project

1690

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

1691

before making a decision to locate new operations in this state

1692

or expand an existing operation in this state. The application

1693

must include, but not be limited to:

1694

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

1695

unemployment account number, and state sales tax registration

1696

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

1697

application, they must be submitted to the office in writing

1698

prior to the disbursement of any payments under this section.

1699

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

1700

located or is to be located.

1701

1702

product, or research and development undertaken by the applicant,

1703

including six-digit North American Industry Classification System

1704

codes for all activities included in the project.

1705

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

1706

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

1707

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

1708

state the applicant anticipates having created as of December 31

1709

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

1710

jobs.

1711

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

1712

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

1713

(h) The anticipated commencement date of the project.

1714

(i) A detailed explanation of why the innovation incentive

1715

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

1716

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

1717

expand in this state.

1718

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

1719

revenues resulting from the project that will be generated

1720

outside this state.

1721

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

1722

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

1723

of Enterprise Florida, Inc., and the office:

1724

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

1725

state, the project must:

1726

1. Demonstrate a plan for significant collaboration with an

1727

institution of higher education;

1728

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

1729

investment within a 20-year period;

1730

3. Include matching funds provided by the applicant or

1731

other available sources. This requirement may be waived if the

1732

office and the department determine that the merits of the

1733

individual project or the specific circumstances warrant such

1734

action;

1735

4. Be located in this state;

1736

5. Provide jobs that pay an estimated annual average wage

1737

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

1738

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

1739

and the commission determine that the merits of the individual

1740

project or the specific circumstances warrant such action; and

1741

6. Meet one of the following criteria:

1742

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

1743

at the business.

1744

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

1745

raw materials grown or produced in this state.

1746

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

1747

within a 5-year period.

1748

d. Address the technical feasibility of the technology, and

1749

the extent to which the proposed project has been demonstrated to

1750

be technically feasible based on pilot project demonstrations,

1751

laboratory testing, scientific modeling, or engineering or

1752

chemical theory that supports the proposal.

1753

e. Include innovative technology and the degree to which

1754

the project or business incorporates an innovative new technology

1755

or an innovative application of an existing technology.

1756

f. Include production potential and the degree to which a

1757

project or business generates thermal, mechanical, or electrical

1758

energy by means of a renewable energy resource that has

1759

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

1760

the extent possible, quantify annual production potential in

1761

megawatts or kilowatts.

1762

g. Include and address energy efficiency and the degree to

1763

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

1764

material resources.

1765

h. Include project management and the ability of management

1766

to administer a complete the business project.

1767

Section 27. Subsection (1) of section 337.401, Florida

1768

Statutes, is amended to read:

1769

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

1770

regulation; permit; fees.--

1771

(1) The department and local governmental entities,

1772

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

1773

jurisdiction and control of public roads or publicly owned rail

1774

corridors are authorized to prescribe and enforce reasonable

1775

rules or regulations with reference to the placing and

1776

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

1777

corridors under their respective jurisdictions any electric

1778

transmission, telephone, telegraph, or other communications

1779

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

1780

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

1781

pumps; or other structures hereinafter referred to in this

1782

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

1783

utility transmission lines designed to operate at 69 kV or more

1784

which are needed to accommodate the additional electrical

1785

transfer capacity on the transmission grid resulting from new

1786

base-load generating facilities, where there is no other

1787

practicable alternative available for placement of the electric

1788

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

1789

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

1790

such transmission lines within the right-of-way of any

1791

department-controlled public roads, including longitudinally

1792

within limited access facilities to the greatest extent allowed

1793

by federal law if compliance with the standards established by

1794

such rules is achieved. Such rules may include, but need not be

1795

limited to, presentation of competent and substantial evidence

1796

that the use of the right-of-way is reasonable based upon a

1797

consideration of economic and environmental factors, including,

1798

without limitation, other utility corridors and easements and

1799

minimum clear zones and other safety standards if such

1800

improvements do not interfere with operational requirements of

1801

the transportation facility or planned or potential future

1802

expansion of such transportation facility. If the department

1803

approves longitudinal placement of electric utility transmission

1804

lines in limited access facilities, compensation for the use of

1805

the right-of-way is required. Such consideration or compensation

1806

paid by the electric utility in connection with the department's

1807

issuance of a permit does not create any property right in the

1808

department's property regardless of the amount of consideration

1809

paid or the improvements constructed on the property by the

1810

utility. Upon notice by the department that the property is

1811

needed for expansion or improvement of the transportation

1812

facility, the electric utility transmission line shall relocate

1813

from the facility at the electric utility's sole expense. Such

1814

relocation shall occur under a schedule mutually agreed upon by

1815

the department and the electric utility, taking into

1816

consideration the maintenance of overall grid reliability and

1817

minimizing the relocation costs to the electric utility's

1818

customers. If the utility fails to meet the agreed upon schedule

1819

for relocation, the utility shall be responsible for reasonable

1820

direct delay damages due to the sole negligence of the electric

1821

utility as determined by a court of competent jurisdiction. As

1822

used in this subsection, the term "base-load generating

1823

facilities" mean electrical power plants that are certified under

1824

part II of chapter 403. The department may enter into a permit-

1825

delegation agreement with a governmental entity if issuance of a

1826

permit is based on requirements that the department finds will

1827

ensure the safety and integrity of facilities of the Department

1828

of Transportation; however, the permit-delegation agreement does

1829

not apply to facilities of electric utilities as defined in s.

1830

366.02(2).

1831

Section 28. Subsections (1) and (7) of section 339.175,

1832

Florida Statutes, are amended to read:

1833

339.175 Metropolitan planning organization.--

1834

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

1835

encourage and promote the safe and efficient management,

1836

operation, and development of surface transportation systems that

1837

will serve the mobility needs of people and freight and foster

1838

economic growth and development within and through urbanized

1839

areas of this state while minimizing transportation-related fuel

1840

consumption, and air pollution, and greenhouse gas emissions

1841

through metropolitan transportation planning processes identified

1842

in this section. To accomplish these objectives, metropolitan

1843

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

1844

shall develop, in cooperation with the state and public transit

1845

operators, transportation plans and programs for metropolitan

1846

areas. The plans and programs for each metropolitan area must

1847

provide for the development and integrated management and

1848

operation of transportation systems and facilities, including

1849

pedestrian walkways and bicycle transportation facilities that

1850

will function as an intermodal transportation system for the

1851

metropolitan area, based upon the prevailing principles provided

1852

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

1853

programs shall provide for consideration of all modes of

1854

transportation and shall be continuing, cooperative, and

1855

comprehensive, to the degree appropriate, based on the complexity

1856

of the transportation problems to be addressed. To ensure that

1857

the process is integrated with the statewide planning process,

1858

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

1859

transportation facilities that should function as an integrated

1860

metropolitan transportation system, giving emphasis to facilities

1861

that serve important national, state, and regional transportation

1862

functions. For the purposes of this section, those facilities

1863

include the facilities on the Strategic Intermodal System

1864

designated under s. 339.63 and facilities for which projects have

1865

been identified pursuant to s. 339.2819(4).

1866

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

1867

develop a long-range transportation plan that addresses at least

1868

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

1869

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

1870

and federal requirements. The prevailing principles to be

1871

considered in the long-range transportation plan are: preserving

1872

the existing transportation infrastructure; enhancing Florida's

1873

economic competitiveness; and improving travel choices to ensure

1874

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

1875

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

1876

the goals, objectives, and policies of the approved local

1877

government comprehensive plans of the units of local government

1878

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

1879

encouraged to consider strategies that integrate transportation

1880

and land use planning to provide for sustainable development and

1881

reduce greenhouse gas emissions. The approved long-range

1882

transportation plan must be considered by local governments in

1883

the development of the transportation elements in local

1884

government comprehensive plans and any amendments thereto. The

1885

long-range transportation plan must, at a minimum:

1886

(a) Identify transportation facilities, including, but not

1887

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

1888

commuter rail systems, transit systems, and intermodal or

1889

multimodal terminals that will function as an integrated

1890

metropolitan transportation system. The long-range transportation

1891

plan must give emphasis to those transportation facilities that

1892

serve national, statewide, or regional functions, and must

1893

consider the goals and objectives identified in the Florida

1894

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

1895

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

1896

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

1897

range transportation plan.

1898

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

1899

can be implemented, indicating resources from public and private

1900

sources which are reasonably expected to be available to carry

1901

out the plan, and recommends any additional financing strategies

1902

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

1903

for illustrative purposes, additional projects that would be

1904

included in the adopted long-range transportation plan if

1905

reasonable additional resources beyond those identified in the

1906

financial plan were available. For the purpose of developing the

1907

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

1908

shall cooperatively develop estimates of funds that will be

1909

available to support the plan implementation. Innovative

1910

financing techniques may be used to fund needed projects and

1911

programs. Such techniques may include the assessment of tolls,

1912

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

1913

1914

to:

1915

1. Ensure the preservation of the existing metropolitan

1916

transportation system including requirements for the operation,

1917

resurfacing, restoration, and rehabilitation of major roadways

1918

and requirements for the operation, maintenance, modernization,

1919

and rehabilitation of public transportation facilities; and

1920

2. Make the most efficient use of existing transportation

1921

facilities to relieve vehicular congestion and maximize the

1922

mobility of people and goods.

1923

(d) Indicate, as appropriate, proposed transportation

1924

enhancement activities, including, but not limited to, pedestrian

1925

and bicycle facilities, scenic easements, landscaping, historic

1926

preservation, mitigation of water pollution due to highway

1927

runoff, and control of outdoor advertising.

1928

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

1929

in metropolitan areas that are classified as nonattainment areas

1930

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

1931

development of the long-range transportation plan with the State

1932

Implementation Plan developed pursuant to the requirements of the

1933

federal Clean Air Act.

1934

1935

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

1936

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

1937

representatives of transportation agency employees, freight

1938

shippers, providers of freight transportation services, private

1939

providers of transportation, representatives of users of public

1940

transit, and other interested parties with a reasonable

1941

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

1942

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

1943

Section 29. Section 366.82, Florida Statutes, is amended to

1944

read:

1945

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

1946

energy audits.--

1947

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

1948

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

1949

provides electricity or natural gas at retail to the public,

1950

specifically including municipalities or instrumentalities

1951

thereof and cooperatives organized under the Rural Electric

1952

Cooperative Law and specifically excluding any municipality or

1953

instrumentality thereof, any cooperative organized under the

1954

Rural Electric Cooperative Law, or any other person or entity

1955

providing natural gas at retail to the public whose annual sales

1956

volume is less than 100 million therms or any municipality or

1957

instrumentality thereof and any cooperative organized under the

1958

Rural Electric Cooperative Law providing electricity at retail to

1959

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

1960

customers is less than 2,000 gigawatt hours.

1961

(2) The commission shall adopt appropriate goals for

1962

increasing the efficiency of energy consumption and increasing

1963

the development of cogeneration, specifically including goals

1964

designed to increase the conservation of expensive resources,

1965

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

1966

of electric consumption, and to reduce the growth rates of

1967

weather-sensitive peak demand. The Executive Office of the

1968

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

1969

commission may change the goals for reasonable cause. The time

1970

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

1971

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

1972

completed, the commission shall determine what further goals,

1973

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

1974

(3) The commission shall publish a notice of proposed

1975

rulemaking no later than July 1, 2009, requiring electric

1976

utilities to offset 20 percent of their annual load-growth

1977

through energy efficiency and conservation measures thereby

1978

constituting an energy-efficiency portfolio standard. The

1979

commission may allow efficiency investments across generation,

1980

transmission, and distribution as well as efficiencies within the

1981

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

1982

shall create an in-state market for tradable credits enabling

1983

those electric utilities that exceed the standard to sell credits

1984

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

1985

efficiency standard is separate from and exclusive of the

1986

renewable portfolio standard that requires electricity providers

1987

to obtain a minimum percentage of their power from renewable

1988

energy resources. Every 3 years the commission shall review and

1989

reevaluate this efficacy of efficiency standard on a regional and

1990

statewide approach.

1991

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

1992

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

1993

and programs to meet the overall goals within its service area.

1994

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

1995

similar banking functions by a utility and the plan is approved

1996

by the commission, the utility shall perform such functions,

1997

notwithstanding any other provision of the law. The commission

1998

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

1999

Regulatory Trust Fund to guarantee such loans. However, no

2000

utility shall be required to loan its funds for the purpose of

2001

purchasing or otherwise acquiring conservation measures or

2002

devices, but nothing herein shall prohibit or impair the

2003

administration or implementation of a utility plan as submitted

2004

by a utility and approved by the commission under this

2005

subsection. If the commission disapproves a plan, it shall

2006

specify the reasons for disapproval, and the utility whose plan

2007

is disapproved shall resubmit its modified plan within 30 days.

2008

Prior approval by the commission shall be required to modify or

2009

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

2010

any utility has not implemented its programs and is not

2011

substantially in compliance with the provisions of its approved

2012

plan at any time, the commission shall adopt programs required

2013

for that utility to achieve the overall goals. Utility programs

2014

may include variations in rate design, load control,

2015

cogeneration, residential energy conservation subsidy, or any

2016

other measure within the jurisdiction of the commission which the

2017

commission finds likely to be effective; this provision shall not

2018

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

2019

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

2020

each utility and shall provide the Legislature and the Governor

2021

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

2022

its progress toward meeting those goals. The commission shall

2023

also consider the performance of each utility pursuant to ss.

2024

366.80-366.85 and 403.519 when establishing rates for those

2025

utilities over which the commission has ratesetting authority.

2026

(6) The commission shall require municipal and cooperative

2027

utilities that are exempt from the Florida Energy Efficiency and

2028

Conservation Act to submit an annual report to the commission

2029

identifying energy efficiency and conservation goals and the

2030

actions taken to meet those goals.

2031

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

2032

or to contract to offer, energy audits to its residential

2033

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

2034

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

2035

other reasonable criterion, so long as all eligible customers are

2036

notified. The commission may extend this requirement to some or

2037

all commercial customers. The commission shall set the charge for

2038

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

2039

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

2040

one utility contracts with another utility to perform audits for

2041

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

2042

contracting utility the reasonable cost of performing the audits.

2043

Each utility over which the commission has ratesetting authority

2044

shall estimate its costs and revenues for audits, conservation

2045

programs, and implementation of its plan for the immediately

2046

following 6-month period. Reasonable and prudent unreimbursed

2047

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

2048

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

2049

utility upon approval by the commission, provided that the

2050

commission shall not allow the recovery of the cost of any

2051

company image-enhancing advertising or of any advertising not

2052

directly related to an approved conservation program. Following

2053

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

2054

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

2055

between actual and projected results shall be taken into account

2056

in succeeding periods. The state plan as submitted for

2057

consideration under the National Energy Conservation Policy Act

2058

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

2059

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

2060

commission shall be the responsible state agency for performing,

2061

coordinating, implementing, or administering the functions of the

2062

state plan submitted for consideration under the National Energy

2063

Conservation Policy Act and any acts amendatory thereof or

2064

supplemental thereto and for performing, coordinating,

2065

implementing, or administering the functions of any future

2066

federal program delegated to the state which relates to

2067

consumption, utilization, or conservation of electricity or

2068

natural gas; and the commission shall have exclusive

2069

responsibility for preparing all reports, information, analyses,

2070

recommendations, and materials related to consumption,

2071

utilization, or conservation of electrical energy which are

2072

required or authorized by s. 377.703.

2073

(b) The Florida Energy and Climate Commission, as created

2074

in s. 377.6015, Executive Office of the Governor shall be a party

2075

in the proceedings to adopt goals and shall file with the

2076

commission comments on the proposed goals including, but not

2077

limited to:

2078

1. An evaluation of utility load forecasts, including an

2079

assessment of alternative supply and demand side resource

2080

options.

2081

2. An analysis of various policy options which can be

2082

implemented to achieve a least-cost strategy.

2083

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

2084

requirements for energy auditors used by each utility. The

2085

commission is authorized to contract with any public agency or

2086

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

2087

other step necessary to fulfill the provisions of this

2088

subsection.

2089

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

2090

management programs, the commission shall use methodologies that

2091

recognize the noneconomic benefits associated with reduced energy

2092

demand from energy efficiency and conservation programs and that

2093

recognize the benefits associated with not constructing new

2094

generation capacity.

2095

Section 30. Paragraph (d) of subsection (1) of section

2096

366.8255, Florida Statutes, is amended to read:

2097

366.8255 Environmental cost recovery.--

2098

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

2099

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

2100

expenses incurred by an electric utility in complying with

2101

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

2102

1. Inservice capital investments, including the electric

2103

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

2104

2. Operation and maintenance expenses;

2105

3. Fuel procurement costs;

2106

4. Purchased power costs;

2107

5. Emission allowance costs;

2108

6. Direct taxes on environmental equipment; and

2109

7. Costs or expenses prudently incurred by an electric

2110

utility pursuant to an agreement entered into on or after the

2111

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

2112

the electric utility and the Florida Department of Environmental

2113

Protection or the United States Environmental Protection Agency

2114

for the exclusive purpose of ensuring compliance with ozone

2115

ambient air quality standards by an electrical generating

2116

facility owned by the electric utility;.

2117

8. Costs or expenses prudently incurred for scientific

2118

research and geological assessments of carbon capture and storage

2119

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

2120

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

2121

incurred in joint research projects with this state's government

2122

agencies and universities; and

2123

9. Costs or expenses prudently incurred for the

2124

quantification, reporting, and verification of greenhouse gas

2125

emissions by third parties as required for participation in

2126

emission registries.

2127

Section 31. Section 366.92, Florida Statutes, is amended to

2128

read:

2129

366.92 Florida renewable energy policy.--

2130

(1) It is the intent of the Legislature to promote the

2131

development of renewable energy; protect the economic viability

2132

of Florida's existing renewable energy facilities; diversify the

2133

types of fuel used to generate electricity in Florida; lessen

2134

Florida's dependence on natural gas and fuel oil for the

2135

production of electricity; minimize the volatility of fuel costs;

2136

encourage investment within the state; improve environmental

2137

conditions; and, at the same time, minimize the costs of power

2138

supply to electric utilities and their customers.

2139

(2) For the purposes of this section, "Florida renewable

2140

energy resources" shall mean renewable energy, as defined in s.

2141

377.803, that is produced in Florida.

2142

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

2143

(a) "Renewable energy credit" or "REC" means a product that

2144

represents the unbundled, separable, and renewable attribute of

2145

renewable energy produced in Florida and is equivalent to 1

2146

megawatt-hour of electricity generated by a source of renewable

2147

energy located in Florida.

2148

(b) "Provider" means a public utility as defined in s.

2149

366.02(1).

2150

2151

s. 366.91(2)(b).

2152

(d) "Renewable portfolio standard" or "RPS" means the

2153

minimum percentage of total annual retail electricity sales by a

2154

provider to consumers in Florida, which shall be supplied by

2155

renewable energy produced in Florida.

2156

(4)(a) The commission shall adopt rules for a renewable

2157

portfolio standard requiring each provider to supply renewable

2158

energy to its customers, whether directly, by procurement, or

2159

through renewable energy credits. In developing the RPS rule, the

2160

commission shall consult the Department of Environmental

2161

Protection and the Florida Energy and Climate Commission. The

2162

rule may not be implemented until ratified by the Legislature.

2163

The commission shall present a draft rule for legislative

2164

consideration by February 1, 2009.

2165

(b) In developing the rule, the commission shall evaluate

2166

the current and forecasted levelized cost in cents per kilowatt-

2167

hour through 2020 and current and forecasted installed capacity

2168

in kilowatts for each renewable energy generation method through

2169

2020.

2170

2171

the cost of compliance with the portfolio standard, whether

2172

through direct supply, through the procurement of renewable

2173

power, or through the purchase of renewable energy credits. The

2174

commission shall have rulemaking authority for providing annual

2175

cost recovery and incentive-based adjustments to authorized rates

2176

of return on common equity to providers to incentivize renewable

2177

energy. Notwithstanding s. 366.91(3) and (4), upon the

2178

ratification of the rules developed pursuant to this subsection,

2179

the commission is authorized to approve projects and power sales

2180

agreements with renewable power producers, and the sale of

2181

renewable energy credits which are needed to comply with the RPS.

2182

In the event of any conflict, this section shall supersede s.

2183

366.91(3) and (4).

2184

(d) The commission's rule shall provide for appropriate

2185

compliance measures and the conditions under which compliance

2186

shall be excused due to a determination by the commission that

2187

the supply of renewable energy or renewable energy credits was

2188

not adequate to satisfy the demand for such energy, or that the

2189

cost of securing renewable energy or renewable energy credits was

2190

cost-prohibitive.

2191

(e) The commission's rule may provide added weight to

2192

energy provided by wind and solar photovoltaic over other forms

2193

of renewable energy, whether directly supplied, procured, or

2194

indirectly obtained through the purchase of renewable energy

2195

credits.

2196

(f) The commission's rule shall determine an appropriate

2197

period of time for which renewable energy credits may be used for

2198

purposes of compliance with the renewable portfolio standard.

2199

(g) The commission's rule shall:

2200

1. Determine an appropriate period of time for which

2201

renewable energy credits may be used for purposes of compliance

2202

with the renewable portfolio standard.

2203

2. Provide for the monitoring of compliance with and

2204

enforcement of the requirements of this section.

2205

3. Ensure that energy credited toward compliance with the

2206

provisions of this section are not credited toward any other

2207

purpose.

2208

4. Develop procedures to track and account for renewable

2209

energy credits, including ownership of renewable energy credits

2210

that are derived from a customer-owned renewable energy facility

2211

as a result of any action by a customer of an electric power

2212

supplier that is independent of a program sponsored by the

2213

electric power supplier.

2214

(h) The commission's rule shall provide for the conditions

2215

and options for the repeal or alteration of the rule in the event

2216

that new provisions of federal law supplant or conflict with the

2217

rule.

2218

(i) Beginning on April 1 of the year following final

2219

adoption of the commission's RPS rule, each provider shall submit

2220

a report to the commission describing the steps that have been

2221

taken in the previous year and the steps that will be taken in

2222

the future to add renewable energy to the provider's energy

2223

supply portfolio. The report shall state whether the provider was

2224

in compliance with the RPS during the previous year and how it

2225

will comply with the RPS in the upcoming year.

2226

(5) In order to demonstrate the feasibility and viability

2227

of clean energy systems, the commission shall provide for full

2228

cost recovery under the environmental cost-recovery clause of all

2229

reasonable and prudent costs incurred by a provider for renewable

2230

energy projects that are zero greenhouse gas emitting at the

2231

point of generation, up to a total of 110 megawatts statewide,

2232

and for which the provider has secured necessary land, zoning

2233

permits, and transmission rights within the state. Such costs

2234

shall be deemed reasonable and prudent for purposes of cost

2235

recovery so long as the provider has used reasonable and

2236

customary industry practices in the design, procurement, and

2237

construction of the project in a cost-effective manner

2238

appropriate to the location of the facility. The provider shall

2239

report to the commission as part of the cost-recovery proceedings

2240

the construction costs, in-service costs, operating and

2241

maintenance costs, hourly energy production of the renewable

2242

energy project, and any other information deemed relevant by the

2243

commission. Any provider constructing a clean energy facility

2244

pursuant to this section shall file for cost recovery no later

2245

than July 1, 2009.

2246

(6) Each municipal electric utility and rural electric

2247

cooperative shall develop standards for the promotion,

2248

encouragement, and expansion of the use of renewable energy

2249

resources and energy conservation and efficiency measures. On or

2250

before April 1, 2009, and annually thereafter, each municipal

2251

electric utility and electric cooperative shall submit to the

2252

commission a report that identifies such standards.

2253

(7) No provision in this section shall be construed to

2254

impede or impair terms and conditions in existing contracts.

2255

(3) The commission may adopt appropriate goals for

2256

increasing the use of existing, expanded, and new Florida

2257

renewable energy resources. The commission may change the goals.

2258

The commission may review and reestablish the goals at least once

2259

every 5 years.

2260

(8)(4) The commission may adopt rules to administer and

2261

implement the provisions of this section.

2262

Section 32. Section 366.93, Florida Statutes, is amended to

2263

read:

2264

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

2265

construction of nuclear and integrated gasification combined

2266

cycle power plants.--

2267

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

2268

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

2269

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

2270

all expenses, including operation and maintenance expenses,

2271

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

2272

construction, or operation of the nuclear power plant and any

2273

new, enlarged, or relocated electrical transmission lines or

2274

facilities of any size which are necessary to serve the nuclear

2275

or integrated gasification combined cycle power plant.

2276

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

2277

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

2278

2279

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

2280

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

2281

integrated gasification technology.

2282

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

2283

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

2284

403.503(13) that uses nuclear materials for fuel.

2285

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

2286

or an integrated gasification combined cycle power plant.

2287

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

2288

site, including any related electrical transmission lines or

2289

facilities, has been selected through and including the date the

2290

utility completes site-clearing site clearing work.

2291

Preconstruction costs shall be afforded deferred accounting

2292

treatment and shall accrue a carrying charge equal to the

2293

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

2294

until recovered in rates.

2295

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

2296

commission shall establish, by rule, alternative cost recovery

2297

mechanisms for the recovery of costs incurred in the siting,

2298

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

2299

including new, expanded, or relocated electrical transmission

2300

lines and facilities that are necessary to serve the nuclear or

2301

integrated gasification combined cycle power plant. Such

2302

mechanisms shall be designed to promote utility investment in

2303

nuclear or integrated gasification combined cycle power plants

2304

and allow for the recovery in rates of all prudently incurred

2305

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

2306

(a) Recovery through the capacity cost recovery clause of

2307

any preconstruction costs.

2308

(b) Recovery through an incremental increase in the

2309

utility's capacity cost recovery clause rates of the carrying

2310

costs on the utility's projected construction cost balance

2311

associated with the nuclear or integrated gasification combined

2312

cycle power plant. To encourage investment and provide certainty,

2313

for nuclear or integrated gasification combined cycle power plant

2314

need petitions submitted on or before December 31, 2010,

2315

associated carrying costs shall be equal to the pretax AFUDC in

2316

effect upon this act becoming law. For nuclear or integrated

2317

gasification combined cycle power plants for which need petitions

2318

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

2319

pretax AFUDC rate is presumed to be appropriate unless determined

2320

otherwise by the commission in the determination of need for the

2321

nuclear or integrated gasification combined cycle power plant.

2322

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

2323

a utility may petition the commission for cost recovery as

2324

permitted by this section and commission rules.

2325

(4) When the nuclear or integrated gasification combined

2326

cycle power plant is placed in commercial service, the utility

2327

shall be allowed to increase its base rate charges by the

2328

projected annual revenue requirements of the nuclear or

2329

integrated gasification combined cycle power plant based on the

2330

jurisdictional annual revenue requirements of the plant for the

2331

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

2332

investments shall be calculated using the utility's rate of

2333

return last approved by the commission prior to the commercial

2334

inservice date of the nuclear or integrated gasification combined

2335

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

2336

a result of operation of the nuclear or integrated gasification

2337

combined cycle power plant, the commission shall allow for the

2338

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

2339

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

2340

years.

2341

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

2342

budgeted and actual costs as compared to the estimated inservice

2343

cost of the nuclear or integrated gasification combined cycle

2344

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

2345

until the commercial operation of the nuclear or integrated

2346

gasification combined cycle power plant. The utility shall

2347

provide such information on an annual basis following the final

2348

order by the commission approving the determination of need for

2349

the nuclear or integrated gasification combined cycle power

2350

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

2351

estimated and other costs may be lower.

2352

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

2353

is precluded from completing construction of the nuclear power

2354

plant, including any new, expanded, or relocated electrical

2355

transmission lines or facilities or integrated gasification

2356

combined cycle power plant, the utility shall be allowed to

2357

recover all prudent preconstruction and construction costs

2358

incurred following the commission's issuance of a final order

2359

granting a determination of need for the nuclear power plant and

2360

electrical transmission lines and facilities or integrated

2361

gasification combined cycle power plant. The utility shall

2362

recover such costs through the capacity cost recovery clause over

2363

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

2364

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

2365

the recovery period will accrue interest at the utility's

2366

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

2367

earnings surveillance reporting requirement for the prior year.

2368

Section 33. Section 377.601, Florida Statutes, is amended

2369

to read:

2370

377.601 Legislative intent.--

2371

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

2372

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

2373

impacts of global climate change can be reduced through the

2374

reduction of greenhouse gas emissions, and that the

2375

implementation of alternative energy technologies can be the

2376

source of new jobs and employment opportunities for many

2377

Floridians. The Legislature further finds that this state is

2378

positioned at the front line against potential impacts of global

2379

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

2380

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

2381

make this state's communities more resilient and less vulnerable

2382

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

2383

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

2384

Legislature believes that a single government entity that has

2385

energy and climate change as its specific focus is both desirable

2386

and advantageous. the ability to deal effectively with present

2387

shortages of resources used in the production of energy is

2388

aggravated and intensified because of inadequate or nonexistent

2389

information and that intelligent response to these problems and

2390

to the development of a state energy policy demands accurate and

2391

relevant information concerning energy supply, distribution, and

2392

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

2393

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

2394

is essential to the development and maintenance of an energy

2395

profile defining the characteristics and magnitudes of present

2396

and future energy demands and availability so that the state may

2397

rationally deal with present energy problems and anticipate

2398

future energy problems.

2399

(2) The Legislature further recognizes that every state

2400

official dealing with energy problems should have current and

2401

reliable information on the types and quantity of energy

2402

resources produced, imported, converted, distributed, exported,

2403

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

2404

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

2405

this act to provide the necessary mechanisms for the effective

2406

development of information necessary to rectify the present lack

2407

of information which is seriously handicapping the state's

2408

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

2409

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

2410

broadest possible interpretation consistent with the stated

2411

legislative desire to procure vital information.

2412

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

2413

(a) Recognize and address the potential impacts of global

2414

climate change wherever possible. Develop and promote the

2415

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

2416

energy waste.

2417

(b) Play a leading role in developing and instituting

2418

energy management programs aimed at promoting energy

2419

conservation, energy security, and the reduction of greenhouse

2420

gas emissions.

2421

2422

and local planning.

2423

(d) Utilize and manage effectively energy resources used

2424

within state agencies.

2425

(e) Encourage local governments to include energy

2426

considerations in all planning and to support their work in

2427

promoting energy management programs.

2428

(f) Include the full participation of citizens in the

2429

development and implementation of energy programs.

2430

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

2431

economic sector, including residential, industrial, commercial,

2432

agricultural, and governmental uses, and to reduce those needs

2433

whenever possible.

2434

(h) Promote energy education and the public dissemination

2435

of information on energy and its environmental, economic, and

2436

social impact.

2437

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

2438

application of alternative energy resources, particularly

2439

renewable energy resources.

2440

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

2441

security, and environmental impacts of energy-related activities,

2442

including the whole life-cycle impacts of any potential energy

2443

use choices, so that detrimental effects of these activities are

2444

understood and minimized.

2445

(k) Develop and maintain energy emergency preparedness

2446

plans to minimize the effects of an energy shortage within

2447

Florida.

2448

Section 34. Section 377.6015, Florida Statutes, is created

2449

to read:

2450

377.6015 Florida Energy and Climate Commission.--

2451

(1) The Florida Energy and Climate Commission is created

2452

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

2453

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

2454

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

2455

(a) The Governor shall select from three persons nominated

2456

by the Florida Public Service Commission Nominating Council,

2457

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

2458

in order to expedite the seating of the commission upon

2459

implementation of this act, the Governor shall select seven

2460

persons, including the chair, from a list of 21 persons provided

2461

by the council.

2462

1. The council shall submit the recommendations to the

2463

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

2464

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

2465

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

2466

2. The Governor shall fill a vacancy occurring on the

2467

commission by appointment of one of the applicants nominated by

2468

the council only after a background investigation of such

2469

applicant has been conducted by the Department of Law

2470

Enforcement.

2471

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

2472

order to establish staggered terms, for the initial appointments,

2473

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

2474

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

2475

4. The Governor shall select the chair of the commission

2476

from among the members appointed.

2477

5. Vacancies on the commission shall be filled for the

2478

unexpired portion of the time in the same manner as original

2479

appointments to the commission.

2480

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

2481

consecutive calendar days after the receipt of the

2482

recommendation, the council shall initiate, in accordance with

2483

this section, the nominating process within 30 days.

2484

7. Each appointment to the commission shall be subject to

2485

confirmation by the Senate during the next regular session after

2486

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

2487

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

2488

in accordance with this section, the nominating process within 30

2489

days.

2490

8. When the Governor makes an appointment and that

2491

appointment has not been confirmed by the Senate before the

2492

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

2493

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

2494

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

2495

appointment from the list provided to the previous Governor by

2496

the council. Such an appointment is subject to confirmation by

2497

the Senate at the next regular session following the creation of

2498

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

2499

replacement appointment is not timely made, or if the appointment

2500

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

2501

majority vote, shall appoint, within 30 days after the

2502

Legislature adjourns sine die, one person from the applicants

2503

previously nominated to the Governor to fill the vacancy, and

2504

this appointee is subject to confirmation by the Senate during

2505

the next regular session following the appointment.

2506

(b) Members must meet the following qualifications and

2507

restrictions:

2508

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

2509

following fields: energy, natural resource conservation,

2510

economics, engineering, finance, law, transportation and land

2511

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

2512

substantially related to the duties and functions of the

2513

commission. The commission shall fairly represent the fields

2514

specified in this subparagraph.

2515

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

2516

each commission meeting during his or her term of office,

2517

disclose:

2518

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

2519

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

2520

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

2521

affiliate or subsidiary of, any business entity that may be

2522

affected by the policy recommendations developed by the

2523

commission.

2524

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

2525

business activity with any business entity that, directly or

2526

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

2527

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

2528

recommendations developed by the commission.

2529

2530

to provide information and advice to the commission. The

2531

following shall serve as ex officio, nonvoting members and may

2532

provide information and advice at the request of the chair:

2533

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

2534

designee;

2535

2. The Public Counsel, or designee;

2536

3. A representative of the Department of Agriculture and

2537

Consumer Services;

2538

4. A representative of the Department of Community Affairs;

2539

5. A representative of Department of Environmental

2540

Protection;

2541

6. A representative of Department of Transportation;

2542

7. A representative of the Department of Financial

2543

Services; and

2544

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

2545

Florida, Florida State University, the University of South

2546

Florida, the University of Central Florida, and Florida Atlantic

2547

University.

2548

(2) Members shall serve without compensation, but are

2549

entitled to reimbursement for per diem and travel expenses as

2550

provided in s. 112.061.

2551

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

2552

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

2553

the commission must meet at least six times each year.

2554

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

2555

needed in the performance of its duties. The commission may

2556

prosecute and defend legal actions in its own name.

2557

(b) The commission may form advisory groups consisting of

2558

members of the public to provide information on specific issues.

2559

(5) The commission shall:

2560

(a) Administer the Florida Renewable Energy and Biofuels

2561

Grant Programs authorized under ss. 377.804 and 570.957 to ensure

2562

a robust grant portfolio;

2563

(b) Develop policy recommendations for requiring grantees

2564

to provide royalty-sharing or licensing agreements with state

2565

government for commercialized products developed under a state

2566

grant;

2567

2568

functions pursuant to ss. 377.601-377.608;

2569

(d) Administer the petroleum planning and emergency

2570

contingency planning pursuant to ss. 377.703-377.704;

2571

(e) Represent Florida in the Southern States Energy Compact

2572

pursuant to ss. 377.71-377.712;

2573

(f) Complete the annual assessment of the efficacy of

2574

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

2575

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

2576

Executive Order 2007-128, and provide specific recommendations to

2577

the Governor and the Legislature each year to improve results.

2578

(g) Administer the provisions of the Florida Renewable

2579

Energy Technologies and Energy Efficiency Act as provided in ss.

2580

377.801-377.808.

2581

(h) Advocate for energy and climate change issues and

2582

provide educational outreach and technical assistance in

2583

cooperation with Florida's academic institutions.

2584

(i) Oversee the Florida Energy Systems Consortium created

2585

in s. 1004.648.

2586

(j) Adopt rules pursuant to chapter 120 in order to

2587

implement all powers and duties described in this chapter.

2588

Section 35. Subsection (2) of section 377.602, Florida

2589

Statutes, is amended to read:

2590

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

2591

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

2592

Commission "Department" means the Department of Environmental

2593

Protection.

2594

Section 36. Section 377.603, Florida Statutes, is amended

2595

to read:

2596

377.603 Energy data collection; powers and duties of the

2597

Florida Energy and Climate Commission Department of Environmental

2598

Protection.--

2599

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

2600

extraction, production, importation, exportation, refinement,

2601

transportation, transmission, conversion, storage, sale, or

2602

reserves of energy resources in this state in an efficient and

2603

expeditious manner.

2604

(2) The commission may department shall prepare periodic

2605

reports of energy data it collects.

2606

(3) The department shall prescribe and furnish forms for

2607

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

2608

and shall consult with other state entities to assure that such

2609

data collected will meet their data requirements.

2610

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

2611

such rules and regulations as are necessary to carry out the

2612

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

2613

to chapter 120.

2614

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

2615

validation procedures to assure the accuracy of information

2616

received.

2617

Section 37. Section 377.604, Florida Statutes, is amended

2618

to read:

2619

377.604 Required reports.--Every person who produces,

2620

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

2621

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

2622

resources used as fuel shall report to the commission, at the

2623

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

2624

a manner prescribed, by the commission department, and on forms

2625

provided by the commission department and prepared with the

2626

advice of representatives of the energy industry. Such forms

2627

shall be designed in such a manner as to indicate:

2628

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

2629

report.

2630

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

2631

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

2632

stored, or sold except at retail.

2633

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

2634

reserve in the state.

2635

(4) The identity of each refinery from which petroleum

2636

products have normally been obtained and the type and quantity of

2637

products secured from that refinery for sale or resale in this

2638

state.

2639

(5) Any other information which the commission department

2640

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

2641

Section 38. Section 377.605, Florida Statutes, is amended

2642

to read:

2643

377.605 Use of existing information.--The commission may

2644

use department shall utilize to the fullest extent possible any

2645

existing energy information already prepared for state or federal

2646

agencies. Every state, county, and municipal agency shall

2647

cooperate with the commission, department and shall submit any

2648

information on energy to the commission department upon request.

2649

Section 39. Section 377.606, Florida Statutes, is amended

2650

to read:

2651

377.606 Records of the commission department; limits of

2652

confidentiality.--The information or records of individual

2653

persons, as defined herein, obtained by the commission department

2654

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

2655

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

2656

such information the disclosure of which would be likely to cause

2657

substantial harm to the competitive position of the person

2658

providing such information and which is requested to be held

2659

confidential by the person providing such information. Such

2660

proprietary information is confidential and exempt from the

2661

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

2662

other than the commission department in documents or reports open

2663

to public inspection shall under no circumstances be classified

2664

as confidential by the commission department. Divulgence of

2665

proprietary information as is requested to be held confidential,

2666

except upon order of a court of competent jurisdiction or except

2667

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

2668

her official capacity, shall be a misdemeanor of the second

2669

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

2670

Nothing herein shall be construed to prohibit the publication or

2671

divulgence by other means of data so classified as to prevent

2672

identification of particular accounts or reports made to the

2673

department in compliance with s. 377.603 or to prohibit the

2674

disclosure of such information to properly qualified legislative

2675

committees. The commission department shall establish a system

2676

that which permits reasonable access to information developed.

2677

Section 40. Section 377.703, Florida Statutes, is amended

2678

to read:

2679

377.703 Additional functions of the Florida Energy and

2680

Climate Commission Department of Environmental Protection; energy

2681

emergency contingency plan; federal and state conservation

2682

programs.--

2683

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

2684

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

2685

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

2686

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

2687

efficient, effective, and economical management of energy

2688

problems, centralize energy coordination responsibilities,

2689

pinpoint responsibility for conducting energy programs, and

2690

ensure the accountability of state agencies for the

2691

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

2692

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

2693

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

2694

responsibilities assigned by the Florida Electrical Power Plant

2695

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

2696

responsibilities of the Florida Public Service Commission.

2697

(2) DEFINITIONS.--

2698

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

2699

the examination and evaluation of state plans and programs and

2700

the providing of recommendations to the Cabinet, Legislature, and

2701

appropriate state agency on any measures deemed necessary to

2702

ensure that such plans and programs are consistent with state

2703

energy policy.

2704

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

2705

utilization of energy.

2706

2707

shortage or curtailment of usable, necessary energy resources,

2708

such that the maintenance of necessary services, the protection

2709

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

2710

basic sound economy is imperiled in any geographical section of

2711

the state or throughout the entire state.

2712

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

2713

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

2714

other resource which has the capacity to do work.

2715

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

2716

otherwise exempted by the provisions of this act.

2717

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

2718

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

2719

energy content.

2720

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

2721

regional planning agency, or other special district or local

2722

governmental entity the policies or programs of which may affect

2723

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

2724

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

2725

assist, provide technical and financial assistance, or otherwise

2726

seek to plan, develop, and expand.

2727

(i) "Regional planning agency" means those agencies

2728

designated as regional planning agencies by the Department of

2729

Community Affairs.

2730

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

2731

or substance the use of which does not diminish its availability

2732

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

2733

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

2734

from waste, ocean thermal gradient power, hydroelectric power,

2735

and fuels derived from agricultural products.

2736

(3) FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF

2737

ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of

2738

Environmental Protection shall, in addition to assuming the

2739

duties and responsibilities provided by ss. 20.255 and 377.701,

2740

perform the following functions consistent with the development

2741

of a state energy policy:

2742

(a) The commission department shall assume the

2743

responsibility for development of an energy emergency contingency

2744

plan to respond to serious shortages of primary and secondary

2745

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

2746

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

2747

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

2748

event that which is reasonably expected within 30 days will make

2749

the fuel, in short supply. The commission department shall then

2750

respond by instituting the appropriate measures of the

2751

contingency plan to meet the given emergency or energy shortage.

2752

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

2753

out any emergency actions required by a serious shortage of

2754

energy sources.

2755

(b) The commission department shall constitute the

2756

responsible state agency for performing or coordinating the

2757

functions of any federal energy programs delegated to the state,

2758

including energy supply, demand, conservation, or allocation.

2759

2760

proposed federal energy programs and make recommendations

2761

regarding those programs to the Governor.

2762

(d) The commission department shall coordinate efforts to

2763

seek federal support or other support for state energy

2764

activities, including energy conservation, research, or

2765

development, and shall be the state agency responsible for the

2766

coordination of multiagency energy conservation programs and

2767

plans.

2768

(e) The commission department shall analyze energy data

2769

collected and prepare long-range forecasts of energy supply and

2770

demand in coordination with the Florida Public Service

2771

Commission, which shall have responsibility for electricity and

2772

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

2773

1. An analysis of the relationship of state economic growth

2774

and development to energy supply and demand, including the

2775

constraints to economic growth resulting from energy supply

2776

constraints.

2777

2. Plans for the development of renewable energy resources

2778

and reduction in dependence on depletable energy resources,

2779

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

2780

to which renewable energy sources are being utilized in the

2781

state.

2782

3. Consideration of alternative scenarios of statewide

2783

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

2784

strategies for long-range action, including identification of

2785

potential social, economic, and environmental effects.

2786

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

2787

examination of the availability of commercially developable and

2788

imported fuels, and an analysis of anticipated effects on the

2789

state's environment and social services resulting from energy

2790

resource development activities or from energy supply

2791

constraints, or both.

2792

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

2793

requested by the Governor or the Legislature, reflecting its

2794

activities and making recommendations of policies for improvement

2795

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

2796

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

2797

Florida. The report shall include a report from the Florida

2798

Public Service Commission on electricity and natural gas and

2799

information on energy conservation programs conducted and under

2800

way in the past year and shall include recommendations for energy

2801

conservation programs for the state, including, but not limited

2802

to, the following factors:

2803

1. Formulation of specific recommendations for improvement

2804

in the efficiency of energy utilization in governmental,

2805

residential, commercial, industrial, and transportation sectors.

2806

2. Collection and dissemination of information relating to

2807

energy conservation.

2808

3. Development and conduct of educational and training

2809

programs relating to energy conservation.

2810

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

2811

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

2812

policy, and recommendations for better fulfilling this policy.

2813

(g) The commission department has authority to adopt rules

2814

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

2815

of this act.

2816

(h) The commission shall promote the development and use of

2817

renewable energy resources, in conformance with the provisions of

2818

chapter 187 and s. 377.601, by:

2819

1. Establishing goals and strategies for increasing the use

2820

of solar energy in this state.

2821

2. Aiding and promoting the commercialization of solar

2822

energy technology, in cooperation with the Florida Solar Energy

2823

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

2824

or local governmental agency which may seek to promote research,

2825

development, and demonstration of solar energy equipment and

2826

technology.

2827

3. Identifying barriers to greater use of solar energy

2828

systems in this state, and developing specific recommendations

2829

for overcoming identified barriers, with findings and

2830

recommendations to be submitted annually in the report to the

2831

Legislature required under paragraph (f).

2832

4. In cooperation with the Department of Environmental

2833

Protection, the Department of Transportation, the Department of

2834

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

2835

Energy Center, and the Florida Solar Energy Industries

2836

Association, investigating opportunities, pursuant to the

2837

National Energy Policy Act of 1992, and the Housing and Community

2838

Development Act of 1992, and any subsequent federal legislation,

2839

for solar electric vehicles and other solar energy manufacturing,

2840

distribution, installation, and financing efforts that which will

2841

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

2842

research, development, and use.

2843

5. Undertaking other initiatives to advance the development

2844

and use of renewable energy resources in this state.

2845

2846

In the exercise of its responsibilities under this paragraph, the

2847

commission department shall seek the assistance of the solar

2848

energy industry in this state and other interested parties and is

2849

authorized to enter into contracts, retain professional

2850

consulting services, and expend funds appropriated by the

2851

Legislature for such purposes.

2852

(i) The commission department shall promote energy

2853

conservation in all energy use sectors throughout the state and

2854

shall constitute the state agency primarily responsible for this

2855

function. To this end, the commission department shall coordinate

2856

the energy conservation programs of all state agencies and review

2857

and comment on the energy conservation programs of all state

2858

agencies.

2859

(j) The commission department shall serve as the state

2860

clearinghouse for indexing and gathering all information related

2861

to energy programs in state universities, in private

2862

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

2863

and in private industry and shall prepare and distribute such

2864

information in any manner necessary to inform and advise the

2865

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

2866

include developing and maintaining a current index and profile of

2867

all research activities, which shall be identified by energy area

2868

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

2869

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

2870

completed research, conclusions, recommendations, and

2871

applicability to state government and private sector functions.

2872

The commission department shall coordinate, promote, and respond

2873

to efforts by all sectors of the economy to seek financial

2874

support for energy activities. The commission department shall

2875

provide information to consumers regarding the anticipated

2876

energy-use and energy-saving characteristics of products and

2877

services in coordination with any federal, state, or local

2878

governmental agencies as may provide such information to

2879

consumers.

2880

(k) The commission department shall coordinate energy-

2881

related programs of state government, including, but not limited

2882

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

2883

commission department shall:

2884

1. Provide assistance to other state agencies, counties,

2885

municipalities, and regional planning agencies to further and

2886

promote their energy planning activities.

2887

2. Require, in cooperation with the Department of

2888

Management Services, all state agencies to operate state-owned

2889

and state-leased buildings in accordance with energy conservation

2890

standards as adopted by the Department of Management Services.

2891

Every 3 months, the Department of Management Services shall

2892

furnish the commission department data on agencies' energy

2893

consumption in a format prescribed by the commission mutually

2894

agreed upon by the two departments.

2895

3. Promote the development and use of renewable energy

2896

resources, energy efficiency technologies, and conservation

2897

measures.

2898

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

2899

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

2900

agricultural products as a source of energy, and recycling of

2901

manufactured products. Such promotion shall be conducted in

2902

conjunction with, and after consultation with, the Department of

2903

Environmental Protection, the Florida Public Service Commission

2904

where electrical generation or natural gas is involved, and any

2905

other relevant federal, state, or local governmental agency

2906

having responsibility for resource recovery programs.

2907

(l) The commission department shall develop, coordinate,

2908

and promote a comprehensive research plan for state programs.

2909

Such plan shall be consistent with state energy policy and shall

2910

be updated on a biennial basis.

2911

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

2912

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

2913

of this state caused by severe hurricanes Hurricane Andrew, and

2914

the potential for such impacts caused by other natural disasters,

2915

the commission department shall include in its energy emergency

2916

contingency plan and provide to the Florida Building Commission

2917

Department of Community Affairs for inclusion in the Florida

2918

Energy Efficiency Code for Building Construction state model

2919

energy efficiency building code specific provisions to facilitate

2920

the use of cost-effective solar energy technologies as emergency

2921

remedial and preventive measures for providing electric power,

2922

street lighting, and water heating service in the event of

2923

electric power outages.

2924

(4) COASTAL ENERGY IMPACT PROGRAM.--The commission

2925

department shall be responsible for the administration of the

2926

Coastal Energy Impact Program provided for and described in Pub.

2927

L. No. 94-370, 16 U.S.C. s. 1456a.

2928

Section 41. Section 377.803, Florida Statutes, is amended

2929

to read:

2930

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

2931

377.801-377.806, the term:

2932

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

2933

and Energy Efficiency Act.

2934

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

2935

measuring the energy output of a solar thermal system that has

2936

been approved by the commission.

2937

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

2938

Commission Florida Public Service Commission.

2939

(4) "Department" means the Department of Environmental

2940

Protection.

2941

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

2942

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

2943

service company, or any other public or private entity.

2944

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

2945

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

2946

the following fuels or energy sources: hydrogen, biomass as

2947

defined in s. 366.91, solar energy, geothermal energy, wind

2948

energy, ocean energy, waste heat, or hydroelectric power.

2949

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

2950

that generates or utilizes a renewable energy resource.

2951

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

2952

for the collection and use of incident solar energy for water

2953

heating, space heating or cooling, or other applications that

2954

would normally require a conventional source of energy such as

2955

petroleum products, natural gas, or electricity that performs

2956

primarily with solar energy. In other systems in which solar

2957

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

2958

collect and transfer solar energy shall be included in this

2959

definition.

2960

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

2961

converts incident sunlight into electrical current.

2962

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

2963

heat from incident sunlight in order to heat water.

2964

Section 42. Section 377.804, Florida Statutes, is amended

2965

to read:

2966

377.804 Renewable Energy and Energy-Efficient Technologies

2967

Grants Program.--

2968

(1) The Renewable Energy and Energy-Efficient Technologies

2969

Grants Program is established within the commission department to

2970

provide renewable energy matching grants for demonstration,

2971

commercialization, research, and development projects relating to

2972

renewable energy technologies and innovative technologies that

2973

significantly increase energy efficiency for vehicles and

2974

commercial buildings.

2975

(2) Matching grants for renewable energy technology

2976

demonstration, commercialization, research, and development

2977

projects may be made to any of the following:

2978

(a) Municipalities and county governments.

2979

(b) Established for-profit companies licensed to do

2980

business in the state.

2981

2982

(d) Utilities located and operating within the state.

2983

(e) Not-for-profit organizations.

2984

(f) Other qualified persons, as determined by the

2985

commission department.

2986

(3) The commission department may adopt rules pursuant to

2987

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

2988

requirements, provide for ranking of applications, and administer

2989

the awarding of grants under this program, and develop policy

2990

requiring grantees to provide royalty-sharing or licensing

2991

agreements with the state for commercialized products developed

2992

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

2993

process of experts. Up to 5 percent of the amount of all grants

2994

may be used to pay review expenses, if necessary.

2995

(4) Factors the commission department shall consider in

2996

awarding grants include, but are not limited to:

2997

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

2998

contributions applied to the total project from an applicant. The

2999

commission department shall give greater preference to projects

3000

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

3001

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

3002

capital investment and economic development in metropolitan and

3003

rural areas, including the creation of jobs and the future

3004

development of a commercial market for renewable energy

3005

technologies.

3006

3007

demonstrated to be technically feasible based on pilot project

3008

demonstrations, laboratory testing, scientific modeling, or

3009

engineering or chemical theory that supports the proposal.

3010

(d) The degree to which the project incorporates an

3011

innovative new technology or an innovative application of an

3012

existing technology.

3013

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

3014

mechanical, or electrical energy by means of a renewable energy

3015

resource that has substantial long-term production potential.

3016

(f) The degree to which a project demonstrates efficient

3017

use of energy and material resources.

3018

(g) The degree to which the project fosters overall

3019

understanding and appreciation of renewable energy technologies.

3020

(h) The ability to administer a complete project.

3021

(i) Project duration and timeline for expenditures.

3022

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

3023

conducted in relation to other projects.

3024

(k) The degree of public visibility and interaction.

3025

(5) The commission department shall solicit the expertise

3026

of other state agencies in evaluating project proposals. State

3027

agencies shall cooperate with the commission Department of

3028

Environmental Protection and provide such assistance as

3029

requested.

3030

(6) Each application must be accompanied by an affidavit

3031

from the applicant attesting to the veracity of the statements

3032

contained in the application.

3033

Section 43. Subsection (6) of section 377.804, Florida

3034

Statutes, as revived by section 52 of chapter 2007-73, Laws of

3035

Florida, is repealed.

3036

Section 44. Section 377.806, Florida Statutes, is amended

3037

to read:

3038

377.806 Solar Energy System Incentives Program.--

3039

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

3040

established within the commission department to provide financial

3041

incentives for the purchase and installation of solar energy

3042

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

3043

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

3044

photovoltaic system, a solar energy system that provides at least

3045

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

3046

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

3047

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

3048

portion of the purchase price of that solar energy system.

3049

(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

3050

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

3051

qualifies for a rebate if:

3052

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

3053

electrician, electrical contractor, or solar contractor.

3054

2. The system complies with state interconnection standards

3055

as provided by the commission.

3056

3. The system complies with all applicable building codes

3057

as defined by the Florida Building Code local jurisdictional

3058

authority.

3059

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

3060

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

3061

maximum allowable rebate per solar photovoltaic system

3062

installation shall be as follows:

3063

1. Twenty thousand dollars for a residence.

3064

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

3065

publicly owned or operated facility, or a facility owned or

3066

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

3067

condominiums or apartment buildings.

3068

(3) SOLAR THERMAL SYSTEM INCENTIVE.--

3069

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

3070

qualifies for a rebate if:

3071

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

3072

plumbing, or roofing contractor installing standing seam hybrid

3073

thermal roofs.

3074

2. The system complies with all applicable building codes

3075

as defined by the Florida Building Code local jurisdictional

3076

authority.

3077

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

3078

solar thermal systems shall be as follows:

3079

1. Five hundred dollars for a residence.

3080

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

3081

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

3082

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

3083

organization, including condominiums or apartment buildings. Btu

3084

must be verified by approved metering equipment.

3085

(4) SOLAR THERMAL POOL HEATER INCENTIVE.--

3086

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

3087

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

3088

licensed solar or plumbing contractor and the system complies

3089

with all applicable building codes as defined by the Florida

3090

Building Code local jurisdictional authority.

3091

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

3092

solar thermal pool heaters shall be $100 per installation.

3093

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

3094

within 120 90 days after the purchase of the solar energy

3095

equipment.

3096

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

3097

determine and publish on a regular basis the amount of rebate

3098

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

3099

all rebates issued by the department is subject to the total

3100

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

3101

funds are insufficient during the current fiscal year, any

3102

requests for rebates received during that fiscal year may be

3103

processed during the following fiscal year. Requests for rebates

3104

received in a fiscal year that are processed during the following

3105

fiscal year shall be given priority over requests for rebates

3106

received during the following fiscal year.

3107

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

3108

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

3109

applications and administer the issuance of rebates.

3110

Section 45. Section 377.808, Florida Statutes, is created

3111

to read:

3112

377.808 Florida Green Government Grants Act.--

3113

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

3114

Government Grants Act."

3115

(2) The Florida Energy and Climate Commission within the

3116

Executive Office of the Governor shall use funds specifically

3117

appropriated to award grants under this section to assist local

3118

governments, including municipalities, counties, and school

3119

districts, in the development of programs that achieve green

3120

standards. Those standards shall be determined by the commission

3121

and must provide for cost-efficient solutions, reducing

3122

greenhouse gas emissions, improving quality of life, and

3123

strengthening this state's economy.

3124

(3)(a) The commission shall adopt rules pursuant to chapter

3125

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

3126

accordance with the rules adopted by the commission under this

3127

section, the commission may provide grants from funds

3128

specifically appropriated for this purpose to local governments

3129

for the costs of achieving green standards, including necessary

3130

administrative expenses.

3131

(b) The rules of the commission must:

3132

1. Designate one or more suitable green government

3133

standards framework from which local governments may develop a

3134

greening government initiative, and from which projects may be

3135

eligible for funding pursuant to this statute.

3136

2. Require projects that plan, design, construct, upgrade,

3137

or replace facilities be cost-effective, environmentally sound,

3138

reduce greenhouse gas emissions, and be permittable and

3139

implementable.

3140

3. Require local governments to match state funds with

3141

direct project cost share or in-kind services.

3142

4. Provide for a scale of matching requirements for local

3143

governments on the basis of population in order to assist rural

3144

and undeveloped areas of the state with any financial burden of

3145

addressing climate change impacts.

3146

5. Require grant applications to be submitted on

3147

appropriate forms developed and adopted by the commission with

3148

appropriate supporting documentation and require records to be

3149

maintained.

3150

6. Establish a system to determine the relative priority of

3151

grant applications. The system must consider greenhouse gas

3152

reductions, energy savings and efficiencies, and proven

3153

technologies.

3154

7. Establish requirements for competitive procurement of

3155

engineering and construction services, materials, and equipment.

3156

8. Provide for termination of grants when program

3157

requirements are not met.

3158

3159

grant applications during each application period announced by

3160

the commission. However, a local government may not have more

3161

than three active projects expending grant funds during any state

3162

fiscal year.

3163

(d) The commission shall perform adequate overview of each

3164

grant, which may include technical review, site inspections,

3165

disbursement approvals, and auditing to successfully implement

3166

this section.

3167

Section 46. Section 377.901, Florida Statutes, is repealed.

3168

Section 47. The State Energy Program, as authorized and

3169

governed by ss. 20.18, 288.041, 377.601-377.608, 377.701, and

3170

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

3171

as defined in s. 20.06(2), Florida Statutes, from the Department

3172

of Environmental Protection to the Florida Energy and Climate

3173

Commission.

3174

Section 48. Section 377.921, Florida Statutes, is created

3175

to read:

3176

377.921 Qualified solar energy system program.--

3177

(1) The Legislature finds that qualified solar energy

3178

systems provide fuel savings and can help protect against future

3179

electricity and natural gas shortages, reduce the state's

3180

dependence on foreign sources of energy, and improve

3181

environmental conditions. The Legislature further finds that the

3182

deployment of qualified solar energy systems advances Florida's

3183

goals of promoting energy efficiency and the development of

3184

renewable energy resources. Therefore, the Legislature finds that

3185

it is in the public interest to encourage public utilities to

3186

develop and implement programs that promote the deployment and

3187

use of qualified solar energy systems.

3188

(2) As used in this section:

3189

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

3190

water heating system installed at a customer's premises by a

3191

public utility. Once installed, ownership of the qualified system

3192

may be retained by the public utility or granted to the customer.

3193

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

3194

defined in s. 366.02(1).

3195

3196

public utility and approved by the commission pursuant to

3197

subsection (5) under which the utility facilitates the

3198

installation of solar thermal water heating systems at a utility

3199

customer's premises.

3200

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

3201

savings that a utility is projected to achieve from all solar

3202

thermal water heating systems installed at a customer's premises

3203

over the life of the qualified solar energy system.

3204

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

3205

implementing an eligible program, including, but not limited to:

3206

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

3207

last authorized rate of return thereon; and

3208

2. Operating and maintenance expense, including, but not

3209

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

3210

customer incentives, or rebates.

3211

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

3212

the contrary, a public utility shall be allowed to recover

3213

through the energy conservation cost-recovery clause, either as

3214

period expenses or by capitalizing and amortizing, all prudent

3215

and reasonable program costs incurred in implementing an eligible

3216

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

3217

amortization period shall be 5 years.

3218

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

3219

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

3220

utility shall be allowed to recover through the fuel cost-

3221

recovery clause beginning in the year each solar thermal water

3222

heating system begins operation 50 percent of any such program

3223

fuel cost savings for a period not to exceed 5 years from the

3224

installation date. The remaining 50 percent of fuel saving shall

3225

be returned to the utility's customers through the fuel cost-

3226

recovery clause.

3227

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

3228

the contrary, the commission shall enter an order approving a

3229

public utility's qualified solar energy system program if the

3230

utility demonstrates in a petition that:

3231

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

3232

part of the program at minimum meet applicable Florida Solar

3233

Energy Center certification requirements.

3234

(b) The qualified solar energy systems are constructed and

3235

installed in conformity with the manufacturer's specifications

3236

and all applicable codes and standards.

3237

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

3238

qualified solar energy system program, the commission shall

3239

approve the petition or inform the utility of any deficiencies

3240

therein. If the commission informs the utility of deficiencies,

3241

the utility may correct those deficiencies and refile its

3242

petition to approve the qualified solar energy system program.

3243

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

3244

deployment and use of qualified solar energy systems, the public

3245

utility shall own the renewable attributes or benefits associated

3246

with the energy output of a qualified solar energy system

3247

installed pursuant to an eligible program, including any

3248

renewable energy credit or other instrument issued as a result of

3249

the utility's eligible program.

3250

(8) This section expires June 30, 2011, unless reenacted by

3251

the Legislature on or before that date. Utilities may not enroll

3252

new customers in the qualified solar energy program after June

3253

30, 2011, unless this section is reenacted.

3254

Section 49. Paragraph (c) of subsection (3) of section

3255

380.23, Florida Statutes, is amended to read:

3256

380.23 Federal consistency.--

3257

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

3258

following activities, uses, and projects to ensure that such

3259

activities, uses, and projects are conducted in accordance with

3260

the state's coastal management program:

3261

3262

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

3263

jurisdiction of local governments required to develop a coastal

3264

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

3265

activities involve:

3266

1. Permits and licenses required under the Rivers and

3267

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

3268

2. Permits and licenses required under the Marine

3269

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

3270

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

3271

3. Permits and licenses required under the Federal Water

3272

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

3273

amended, unless such permitting activities have been delegated to

3274

the state pursuant to said act.

3275

4. Permits and licenses relating to the transportation of

3276

hazardous substance materials or transportation and dumping which

3277

are issued pursuant to the Hazardous Materials Transportation

3278

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

3279

1321, as amended.

3280

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

3281

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

3282

1356 for construction and operation of interstate gas pipelines

3283

and storage facilities.

3284

6. Permits and licenses required for the siting and

3285

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

3286

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

3287

relicensing of hydroelectric power plants under the Federal Power

3288

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

3289

7. Permits and licenses required under the Mining Law of

3290

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

3291

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

3292

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

3293

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

3294

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

3295

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

3296

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

3297

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

3298

way on public lands and permits and licenses required under the

3299

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

3300

amended.

3301

8. Permits and licenses for areas leased under the OCS

3302

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

3303

leases and approvals of exploration, development, and production

3304

plans.

3305

9. Permits and licenses required under the Deepwater Port

3306

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

3307

10. Permits required for the taking of marine mammals under

3308

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

3309

s. 1374.

3310

Section 50. Subsection (20) of section 403.031, Florida

3311

Statutes, is amended to read:

3312

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

3313

and regulations adopted pursuant hereto, the following words,

3314

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

3315

the following meanings:

3316

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

3317

part of this chapter, any electrical generating facility that

3318

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

3319

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

3320

and includes any associated facility that directly supports the

3321

operation of the electrical power plant.

3322

Section 51. Section 403.44, Florida Statutes, is created to

3323

read:

3324

403.44 Florida Climate Protection Act.--

3325

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

3326

this state to document, to the greatest extent practicable,

3327

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

3328

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

3329

GHG emissions reductions.

3330

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

3331

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

3332

through allotments or auction which represents an authorization

3333

to emit specific amounts of greenhouse gases, as further defined

3334

in department rule.

3335

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

3336

administrative approach used to control pollution by providing a

3337

limit on total allowable emissions, providing for allowances to

3338

emit pollutants, and providing for the transfer of the allowances

3339

among pollutant sources as a means of compliance with emission

3340

limits.

3341

3342

nitrogen oxide, and fluorinated gases such as hydrofluorocarbons,

3343

perfluorocarbons, and sulfur hexafluoride.

3344

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

3345

is achieved in one location subject to emission control

3346

regulation by increased emissions in unregulated locations.

3347

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

3348

under this chapter.

3349

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

3350

purposes of emission registration and reporting.

3351

(4) The Department of Environmental Protection shall

3352

establish the methodologies, reporting periods, and reporting

3353

systems that must be used when major emitters report to The

3354

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

3355

assured data from continuous emissions-monitoring systems.

3356

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

3357

regulatory program to reduce greenhouse gas emissions from major

3358

emitters. When developing the rules, the department shall consult

3359

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

3360

Public Service Commission, and the Florida Energy Commission. The

3361

rules shall not become effective until ratified by the

3362

Legislature.

3363

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

3364

include, but are not limited to:

3365

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

3366

emitted by major emitters.

3367

(b) Methods, requirements, and conditions for allocating

3368

the cap among major emitters.

3369

3370

allowances and the process for issuing emissions allowances.

3371

(d) The relationship between allowances and the specific

3372

amounts of greenhouse gases they represent.

3373

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

3374

emitters, including a registry, tracking, or accounting system

3375

for such trades.

3376

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

3377

and cost risks associated with the electric generation market in

3378

this state.

3379

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

3380

authority to discourage leakage of GHG emissions to neighboring

3381

states attributable to the implementation of this program.

3382

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

3383

allowances before full implementation of a trading system.

3384

(i) Other requirements necessary or desirable to implement

3385

this section.

3386

Section 52. Present subsections (3) through (30) of section

3387

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

3388

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

3389

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

3390

to read:

3391

403.503 Definitions relating to Florida Electrical Power

3392

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

3393

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

3394

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

3395

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

3396

located and that is different from the preferred transmission

3397

line corridor proposed by the applicant. The width of the

3398

alternate corridor proposed for certification for an associated

3399

electrical transmission line may be the width of the proposed

3400

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

3401

The area within the alternate corridor may be further restricted

3402

as a condition of certification. The alternate corridor may

3403

include alternate electrical substation sites if the applicant

3404

has proposed an electrical substation as part of the portion of

3405

the proposed electrical transmission line.

3406

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

3407

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

3408

width of the corridor proposed for certification as an associated

3409

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

3410

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

3411

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

3412

located may be further restricted by a condition of

3413

certification. After all property interests required for the

3414

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

3415

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

3416

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

3417

certification shall be those addressed in the application, in

3418

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

3419

notices of acceptance of proposed alternate corridors filed by an

3420

applicant and the department pursuant to s. 403.5271, as

3421

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

3422

required information for the preparation of agency supplemental

3423

reports was filed.

3424

Section 53. Present subsections (9) through (12) of section

3425

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

3426

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

3427

that section, to read:

3428

403.504 Department of Environmental Protection; powers and

3429

duties enumerated.--The department shall have the following

3430

powers and duties in relation to this act:

3431

(9) To determine whether an alternate corridor proposed for

3432

consideration under s. 403.5064(4) is acceptable.

3433

Section 54. Subsection (1) of section 403.506, Florida

3434

Statutes, is amended, and subsection (3) is added to that

3435

section, to read:

3436

403.506 Applicability, thresholds, and certification.--

3437

(1) The provisions of this act shall apply to any

3438

electrical power plant as defined herein, except that the

3439

provisions of this act shall not apply to any electrical power

3440

plant or steam generating plant of less than 75 megawatts in

3441

gross capacity including its associated facilities or to any

3442

substation to be constructed as part of an associated

3443

transmission line unless the applicant has elected to apply for

3444

certification of such electrical power plant or substation under

3445

this act. The provisions of this act shall not apply to any unit

3446

capacity expansions expansion of 75 35 megawatts or less, in the

3447

aggregate, of an existing exothermic reaction cogeneration

3448

electrical generating facility unit that was exempt from this act

3449

when it was originally built; however, this exemption shall not

3450

apply if the unit uses oil or natural gas for purposes other than

3451

unit startup. No construction of any new electrical power plant

3452

or expansion in steam generating capacity as measured by an

3453

increase in the maximum electrical generator rating of any

3454

existing electrical power plant may be undertaken after October

3455

1, 1973, without first obtaining certification in the manner as

3456

herein provided, except that this act shall not apply to any such

3457

electrical power plant which is presently operating or under

3458

construction or which has, upon the effective date of chapter 73-

3459

33, Laws of Florida, applied for a permit or certification under

3460

requirements in force prior to the effective date of such act.

3461

(3) An electric utility may obtain separate licenses,

3462

permits, and approvals for the construction of facilities

3463

necessary to construct an electrical power plant without first

3464

obtaining certification under this act if the utility intends to

3465

locate, license, and construct a proposed or expanded electrical

3466

power plant that uses nuclear materials as fuel. Such facilities

3467

may include, but are not limited to, access and onsite roads,

3468

rail lines, electrical transmission facilities to support

3469

construction, and facilities necessary for waterborne delivery of

3470

construction materials and project components. This exemption

3471

applies to such facilities regardless of whether the facilities

3472

are used for operation of the power plant. The applicant shall

3473

file with the department a statement that declares that the

3474

construction of such facilities is necessary for the timely

3475

construction of the proposed electrical power plant and

3476

identifies those facilities that the applicant intends to seek

3477

licenses for and construct prior to or separate from

3478

certification of the project. The facilities may be located

3479

within or off of the site for the proposed electrical power

3480

plant. The filing of an application under this act does not

3481

affect other applications for separate licenses which are pending

3482

at the time of filing the application. Furthermore, the filing of

3483

an application does not prevent an electric utility from seeking

3484

separate licenses for facilities that are necessary to construct

3485

the electrical power plant. Licenses, permits, or approvals

3486

issued by any state, regional, or local agency for such

3487

facilities shall be incorporated by the department into a final

3488

certification upon completion of construction. Any facilities

3489

necessary for construction of the electrical power plant shall

3490

become part of the certified electrical power plant upon

3491

completion of the electrical power plant's construction. The

3492

exemption in this subsection does not require or authorize agency

3493

rulemaking, and any action taken under this subsection is not

3494

subject to chapter 120. This subsection shall be given

3495

retroactive effect and applies to applications filed after May 1,

3496

2008.

3497

Section 55. Subsections (1) and (4) of section 403.5064,

3498

Florida Statutes, are amended to read:

3499

403.5064 Application; schedules.--

3500

(1) The formal date of filing of a certification

3501

application and commencement of the certification review process

3502

shall be when the applicant submits:

3503

(a) Copies of the certification application in a quantity

3504

and format as prescribed by rule to the department and other

3505

agencies identified in s. 403.507(2)(a).

3506

(b) A statement affirming that the applicant is opting to

3507

allow consideration of alternate corridors for an associated

3508

transmission line corridor. If alternate corridors are allowed,

3509

at the applicant's option, the portion of the application

3510

addressing associated transmission line corridors shall be

3511

processed pursuant to the schedule set forth in ss. 403.521-

3512

403.526 and 403.5271, including the opportunity for the filing

3513

and review of alternate corridors, if a party proposes alternate

3514

transmission line corridor routes for consideration no later than

3515

115 days before the certification hearing that is scheduled for

3516

the power plant, including any associated transmission line

3517

corridors, in accordance with s. 403.508(2).

3518

(c)(b) The application fee specified under s. 403.518 to

3519

the department.

3520

(4) Within 7 days after the filing of an application, the

3521

department shall prepare a proposed schedule of dates for

3522

determination of completeness, submission of statements of

3523

issues, submittal of final reports, and other significant dates

3524

to be followed during the certification process, including dates

3525

for filing notices of appearance to be a party pursuant to s.

3526

403.508(3). If the application includes one or more associated

3527

transmission line corridors, at the request of the applicant

3528

filed concurrently with the application, the department shall use

3529

the application processing schedule set forth in ss. 403.521-

3530

403.526 and 403.5271 for the associated transmission line

3531

corridors, including the opportunity for the filing and review of

3532

alternate corridors, if a party proposes alternate transmission

3533

line corridor routes for consideration no later than 115 days

3534

before the scheduled certification hearing. Notwithstanding an

3535

applicant's option for the transmission line corridor portion of

3536

its application to be processed under the proposed schedule, only

3537

one certification hearing shall be held for the entire power

3538

plant in accordance with s. 403.508(2). The proposed This

3539

schedule shall be timely provided by the department to the

3540

applicant, the administrative law judge, all agencies identified

3541

pursuant to subsection (2), and all parties. Within 7 days after

3542

the filing of the proposed schedule, the administrative law judge

3543

shall issue an order establishing a schedule for the matters

3544

addressed in the department's proposed schedule and other

3545

appropriate matters, if any.

3546

Section 56. Subsections (1) and (3) of section 403.50665,

3547

Florida Statutes, are amended, and subsection (7) is added to

3548

that section, to read:

3549

403.50665 Land use consistency.--

3550

(1) The applicant shall include in the application a

3551

statement on the consistency of the site, or any directly

3552

associated facilities that constitute a "development," as defined

3553

by s. 380.04, with existing land use plans and zoning ordinances

3554

that were in effect on the date the application was filed and a

3555

full description of such consistency.

3556

(3) If the local government issues a determination that the

3557

proposed electrical power plant and any directly associated

3558

facility is not consistent or in compliance with local land use

3559

plans and zoning ordinances, the applicant may apply to the local

3560

government for the necessary local approval to address the

3561

inconsistencies in the local government's determination. If the

3562

applicant makes such an application to the local government, the

3563

time schedules under this act shall be tolled until the local

3564

government issues its revised determination on land use and

3565

zoning or the applicant otherwise withdraws its application to

3566

the local government. If the applicant applies to the local

3567

government for necessary local land use or zoning approval, the

3568

local government shall issue a revised determination within 30

3569

days following the conclusion of that local proceeding, and the

3570

time schedules and notice requirements under this act shall apply

3571

to such revised determination.

3572

(7) The issue of land use and zoning consistency for any

3573

alternate intermediate electrical substation that is proposed as

3574

part of an alternate electrical transmission line corridor and

3575

that is accepted by the applicant and the department under s.

3576

403.5271(1)(b) shall be addressed in the supplementary report

3577

prepared by the local government on the proposed alternate

3578

corridor and shall be considered as an issue at any final

3579

certification hearing. If such a proposed intermediate electrical

3580

substation is determined to not be consistent with local land use

3581

plans and zoning ordinances, the alternate electrical substation

3582

shall not be certified.

3583

Section 57. Paragraph (d) of subsection (3) of section

3584

403.509, Florida Statutes, is amended, present subsections (4)

3585

through (6) of that section, are redesignated as subsections (5)

3586

through (7), respectively, and a new subsection (4) is added to

3587

that section, to read:

3588

403.509 Final disposition of application.--

3589

(3) In determining whether an application should be

3590

approved in whole, approved with modifications or conditions, or

3591

denied, the board, or secretary when applicable, shall consider

3592

whether, and the extent to which, the location of the electrical

3593

power plant and directly associated facilities and their

3594

construction and operation will:

3595

(d) Meet the electrical energy needs of the state in an

3596

orderly, reliable, and timely fashion.

3597

(4)(a) Any transmission line corridor certified by the

3598

board, or secretary if applicable, shall meet the criteria of

3599

this section. When more than one transmission line corridor is

3600

proposed for certification under s. 403.503(10) and meets the

3601

criteria of this section, the board, or secretary if applicable,

3602

shall certify the transmission line corridor that has the least

3603

adverse impact regarding the criteria in subsection (3),

3604

including costs.

3605

(b) If the board, or secretary if applicable, finds that an

3606

alternate corridor rejected pursuant to s. 403.5271 as

3607

incorporated by reference in s. 403.5064(1)(b) meets the criteria

3608

of subsection (3) and has the least adverse impact regarding the

3609

criteria in subsection (3), the board, or secretary if

3610

applicable, shall deny certification or shall allow the applicant

3611

to submit an amended application to include the corridor.

3612

3613

two or more of the corridors that comply with subsection (3) have

3614

the least adverse impacts regarding the criteria in subsection

3615

(3), including costs, and that the corridors are substantially

3616

equal in adverse impacts regarding the criteria in subsection

3617

(3), including costs, the board, or secretary if applicable,

3618

shall certify the corridor preferred by the applicant if the

3619

corridor is one proper for certification under s. 403.503(10).

3620

Section 58. Subsection (5) is added to section 403.5115,

3621

Florida Statutes, to read:

3622

403.5115 Public notice.--

3623

(5) A proponent of an alternate corridor shall publish

3624

public notices concerning the filing of a proposal for an

3625

alternate corridor; the route of the alternate corridor; the

3626

revised time schedules, if any; the filing deadline for a

3627

petition to become a party; and the date of the rescheduled

3628

certification hearing, if necessary. For purposes of this

3629

subsection, all notices must be published in a newspaper or

3630

newspapers of general circulation within the county or counties

3631

affected by the proposed alternate corridor and must comply with

3632

the requirements provided in subsection (2). The notices must be

3633

published at least 45 days before the date of the rescheduled

3634

certification hearing.

3635

Section 59. Subsection (1) of section 403.5175, Florida

3636

Statutes, is amended to read:

3637

403.5175 Existing electrical power plant site

3638

certification.--

3639

(1) An electric utility that owns or operates an existing

3640

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

3641

403.503(13) may apply for certification of an existing power

3642

plant and its site in order to obtain all agency licenses

3643

necessary to ensure compliance with federal or state

3644

environmental laws and regulation using the centrally

3645

coordinated, one-stop licensing process established by this part.

3646

An application for site certification under this section must be

3647

in the form prescribed by department rule. Applications must be

3648

reviewed and processed using the same procedural steps and

3649

notices as for an application for a new facility, except that a

3650

determination of need by the Public Service Commission is not

3651

required.

3652

Section 60. Subsection (6) is added to section 403.518,

3653

Florida Statutes, to read:

3654

403.518 Fees; disposition.--The department shall charge the

3655

applicant the following fees, as appropriate, which, unless

3656

otherwise specified, shall be paid into the Florida Permit Fee

3657

Trust Fund:

3658

(6) An application fee for an alternate corridor filed

3659

pursuant to s. 403.5064(4). The application fee shall be $750 per

3660

mile for each mile of the alternate corridor located within an

3661

existing electric transmission line right-of-way or within an

3662

existing right-of-way for a road, highway, railroad, or other

3663

aboveground linear facility, or $1,000 per mile for each mile of

3664

an electric transmission line corridor proposed to be located

3665

outside the existing right-of-way.

3666

Section 61. Subsection (4) of section 403.519, Florida

3667

Statutes, is amended to read:

3668

403.519 Exclusive forum for determination of need.--

3669

(4) In making its determination on a proposed electrical

3670

power plant using nuclear materials or synthesis gas produced by

3671

integrated gasification combined cycle power plant as fuel, the

3672

commission shall hold a hearing within 90 days after the filing

3673

of the petition to determine need and shall issue an order

3674

granting or denying the petition within 135 days after the date

3675

of the filing of the petition. The commission shall be the sole

3676

forum for the determination of this matter and the issues

3677

addressed in the petition, which accordingly shall not be

3678

reviewed in any other forum, or in the review of proceedings in

3679

such other forum. In making its determination to either grant or

3680

deny the petition, the commission shall consider the need for

3681

electric system reliability and integrity, including fuel

3682

diversity, the need for base-load generating capacity, the need

3683

for adequate electricity at a reasonable cost, and whether

3684

renewable energy sources and technologies, as well as

3685

conservation measures, are utilized to the extent reasonably

3686

available.

3687

(a) The applicant's petition shall include:

3688

1. A description of the need for the generation capacity.

3689

2. A description of how the proposed nuclear or integrated

3690

gasification combined cycle power plant will enhance the

3691

reliability of electric power production within the state by

3692

improving the balance of power plant fuel diversity and reducing

3693

Florida's dependence on fuel oil and natural gas.

3694

3. A description of and a nonbinding estimate of the cost

3695

of the nuclear or integrated gasification combined cycle power

3696

plant, including any costs associated with new, enlarged, or

3697

relocated electrical transmission lines or facilities of any size

3698

that are necessary to serve the nuclear power plant.

3699

4. The annualized base revenue requirement for the first 12

3700

months of operation of the nuclear or integrated gasification

3701

combined cycle power plant.

3702

5. Information on whether there were any discussions with

3703

any electric utilities regarding ownership of a portion of the

3704

nuclear or integrated gasification combined cycle power plant by

3705

such electric utilities.

3706

(b) In making its determination, the commission shall take

3707

into account matters within its jurisdiction, which it deems

3708

relevant, including whether the nuclear or integrated

3709

gasification combined cycle power plant will:

3710

1. Provide needed base-load capacity.

3711

2. Enhance the reliability of electric power production

3712

within the state by improving the balance of power plant fuel

3713

diversity and reducing Florida's dependence on fuel oil and

3714

natural gas.

3715

3. Provide the most cost-effective source of power, taking

3716

into account the need to improve the balance of fuel diversity,

3717

reduce Florida's dependence on fuel oil and natural gas, reduce

3718

air emission compliance costs, and contribute to the long-term

3719

stability and reliability of the electric grid.

3720

3721

Code, shall be applicable to a nuclear or integrated gasification

3722

combined cycle power plant sited under this act, including

3723

provisions for cost recovery, and an applicant shall not

3724

otherwise be required to secure competitive proposals for power

3725

supply prior to making application under this act or receiving a

3726

determination of need from the commission.

3727

(d) The commission's determination of need for a nuclear or

3728

integrated gasification combined cycle power plant shall create a

3729

presumption of public need and necessity and shall serve as the

3730

commission's report required by s. 403.507(4)(a). An order

3731

entered pursuant to this section constitutes final agency action.

3732

Any petition for reconsideration of a final order on a petition

3733

for need determination shall be filed within 5 days after the

3734

date of such order. The commission's final order, including any

3735

order on reconsideration, shall be reviewable on appeal in the

3736

Florida Supreme Court. Inasmuch as delay in the determination of

3737

need will delay siting of a nuclear or integrated gasification

3738

combined cycle power plant or diminish the opportunity for

3739

savings to customers under the federal Energy Policy Act of 2005,

3740

the Supreme Court shall proceed to hear and determine the action

3741

as expeditiously as practicable and give the action precedence

3742

over matters not accorded similar precedence by law.

3743

(e) After a petition for determination of need for a

3744

nuclear or integrated gasification combined cycle power plant has

3745

been granted, the right of a utility to recover any costs

3746

incurred prior to commercial operation, including, but not

3747

limited to, costs associated with the siting, design, licensing,

3748

or construction of the plant and new, expanded, or relocated

3749

electrical transmission lines or facilities of any size that are

3750

necessary to serve the nuclear power plant, shall not be subject

3751

to challenge unless and only to the extent the commission finds,

3752

based on a preponderance of the evidence adduced at a hearing

3753

before the commission under s. 120.57, that certain costs were

3754

imprudently incurred. Proceeding with the construction of the

3755

nuclear or integrated gasification combined cycle power plant

3756

following an order by the commission approving the need for the

3757

nuclear or integrated gasification combined cycle power plant

3758

under this act shall not constitute or be evidence of imprudence.

3759

Imprudence shall not include any cost increases due to events

3760

beyond the utility's control. Further, a utility's right to

3761

recover costs associated with a nuclear or integrated

3762

gasification combined cycle power plant may not be raised in any

3763

other forum or in the review of proceedings in such other forum.

3764

Costs incurred prior to commercial operation shall be recovered

3765

pursuant to chapter 366.

3766

Section 62. Section 403.7031, Florida Statutes, is amended

3767

to read:

3768

403.7031 Limitations on definitions adopted by local

3769

ordinance.--A county or a municipality may shall not adopt by

3770

ordinance, or use in practice, any definition that is

3771

inconsistent with the definitions in s. 403.703.

3772

Section 63. Section 403.7055, Florida Statutes, is created

3773

to read:

3774

403.7055 Methane capture.--

3775

(1) Each county is encouraged to form multicounty regional

3776

solutions to the capture and reuse or sale of methane gas from

3777

landfills and wastewater treatment facilities.

3778

(2) The department shall provide planning guidelines and

3779

technical assistance to each county to develop and implement such

3780

multicounty efforts.

3781

Section 64. Paragraph (i) of subsection (6) of section

3782

403.814, Florida Statutes, is amended to read:

3783

403.814 General permits; delegation.--

3784

(6) Construction and maintenance of electric transmission

3785

or distribution lines in wetlands by electric utilities, as

3786

defined in s. 366.02, shall be authorized by general permit

3787

provided the following provisions are implemented:

3788

(i) This subsection also applies to transmission lines and

3789

appurtenances certified pursuant to part II of this chapter.

3790

However, the criteria of the general permit shall not otherwise

3791

affect the authority of the siting board to condition

3792

certification of transmission lines as authorized under part II

3793

of this chapter.

3794

3795

Maintenance of existing electric lines and clearing of vegetation

3796

in wetlands conducted without the placement of structures in

3797

wetlands or other dredge and fill activities does not require an

3798

individual or general construction permit. For the purpose of

3799

this subsection, wetlands shall mean the landward extent of

3800

waters of the state regulated under ss. 403.91-403.929 and

3801

isolated and nonisolated wetlands regulated under part IV of

3802

chapter 373. The provisions provided in this subsection apply to

3803

the permitting requirements of the department, any water

3804

management district, and any local government implementing part

3805

IV of chapter 373 or part VIII of this chapter.

3806

Section 65. Section 489.145, Florida Statutes, is amended

3807

to read:

3808

489.145 Guaranteed energy performance savings

3809

contracting.--

3810

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

3811

"Guaranteed Energy, Water, and Wastewater Performance Savings

3812

Contracting Act."

3813

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

3814

investment in energy, water, and wastewater conservation measures

3815

in agency facilities can reduce the amount of energy and water

3816

consumed and wastewater treated and produce immediate and long-

3817

term savings. It is the policy of this state to encourage each

3818

agency agencies to invest in energy, water, and wastewater

3819

efficiency and conservation measures that reduce energy

3820

consumption, produce a cost savings for the agency, and improve

3821

the quality of indoor air in public facilities and to operate,

3822

maintain, and, when economically feasible, build or renovate

3823

existing agency facilities in such a manner as to minimize energy

3824

and water consumption and wastewater production and maximize

3825

energy, water, and wastewater savings. It is further the policy

3826

of this state to encourage agencies to reinvest any energy

3827

savings resulting from energy, water, and wastewater efficiency

3828

and conservation measures in additional energy, water, and

3829

wastewater conservation measures efforts.

3830

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

3831

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

3832

political subdivision.

3833

(b) "Energy conservation measure" means a training program,

3834

facility alteration, or equipment purchase to be used in new

3835

construction, including an addition to an existing facilities or

3836

infrastructure facility, which reduces energy, water, or

3837

wastewater or energy-related operating costs and includes, but is

3838

not limited to:

3839

1. Insulation of the facility structure and systems within

3840

the facility.

3841

2. Storm windows and doors, caulking or weatherstripping,

3842

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

3843

reflective, glazed and coated window and door systems, additional

3844

glazing, reductions in glass area, and other window and door

3845

system modifications that reduce energy consumption.

3846

3. Automatic energy control systems.

3847

4. Heating, ventilating, or air-conditioning system

3848

modifications or replacements.

3849

5. Replacement or modifications of lighting fixtures to

3850

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

3851

a minimum, must conform to the applicable state or local building

3852

code.

3853

6. Energy recovery systems.

3854

7. Cogeneration systems that produce steam or forms of

3855

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

3856

within a facility or complex of facilities.

3857

8. Energy conservation measures that reduce Btu, kW, or kWh

3858

consumed or that provide long-term operating cost reductions or

3859

significantly reduce Btu consumed.

3860

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

3861

wind systems.

3862

10. Devices that reduce water consumption or sewer charges.

3863

11. Energy storage systems, such as fuel cells and thermal

3864

storage.

3865

12. Energy generating technologies, such as microturbines.

3866

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

3867

equipment.

3868

3869

measured reduction in the cost of fuel, energy, or water

3870

consumption or wastewater production, and stipulated operation

3871

and maintenance created from the implementation of one or more

3872

energy, water, or wastewater efficiency or conservation measures

3873

when compared with an established baseline for the previous cost

3874

of fuel, energy, or water consumption or wastewater production,

3875

and stipulated operation and maintenance.

3876

(d) "Guaranteed energy, water, and wastewater performance

3877

savings contract" means a contract for the evaluation,

3878

recommendation, and implementation of energy, water, and

3879

wastewater efficiency or conservation measures, which, at a

3880

minimum, shall include:

3881

1. The design and installation of equipment to implement

3882

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

3883

maintenance of such measures.

3884

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

3885

exceed total annual contract payments made by the agency for the

3886

contract.

3887

3. The finance charges incurred by the agency over the life

3888

of the contract.

3889

(e) "Guaranteed energy performance savings contractor"

3890

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

3891

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

3892

design, implementation, or installation of energy conservation

3893

measures through energy performance contracts.

3894

(f) "Investment grade energy audit" means a detailed

3895

energy, water, and wastewater audit, along with an accompanying

3896

analysis of proposed energy, water, and wastewater conservation

3897

measures, and their costs, savings, and benefits prior to entry

3898

into an energy savings contract.

3899

(4) PROCEDURES.--

3900

(a) An agency may enter into a guaranteed energy

3901

performance savings contract with a guaranteed energy performance

3902

savings contractor to significantly reduce energy, water, or

3903

wastewater consumption or production of energy-related operating

3904

costs of an agency facility through one or more energy, water, or

3905

wastewater efficiency or conservation measures.

3906

(b) Before design and installation of energy conservation

3907

measures, the agency must obtain from a guaranteed energy

3908

performance savings contractor an investment grade audit a report

3909

that summarizes the costs associated with the energy conservation

3910

measures or energy-related operational cost-saving measures and

3911

provides an estimate of the amount of the energy cost savings.

3912

The agency and the guaranteed energy performance savings

3913

contractor may enter into a separate agreement to pay for costs

3914

associated with the preparation and delivery of the report;

3915

however, payment to the contractor shall be contingent upon the

3916

report's projection of energy or operational cost savings being

3917

equal to or greater than the total projected costs of the design

3918

and installation of the report's energy conservation measures.

3919

3920

performance savings contract with a guaranteed energy performance

3921

savings contractor if the agency finds that the amount the agency

3922

would spend on the energy conservation or energy-related cost-

3923

savings measures will not likely exceed the amount of the energy

3924

or energy-related cost savings for up to 20 years from the date

3925

of installation, based on the life cycle cost calculations

3926

provided in s. 255.255, if the recommendations in the report were

3927

followed and if the qualified provider or providers give a

3928

written guarantee that the energy or energy-related cost savings

3929

will meet or exceed the costs of the system. However, actual

3930

computed cost savings must meet or exceed the estimated cost

3931

savings provided in program approval. Baseline adjustments used

3932

in calculations must be specified in the contract. The contract

3933

may provide for installment payments for a period not to exceed

3934

20 years.

3935

(d) A guaranteed energy performance savings contractor must

3936

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

3937

than three firms are qualified to perform the required services,

3938

the requirement for agency selection of three firms, as provided

3939

in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

3940

not apply.

3941

(e) Before entering into a guaranteed energy performance

3942

savings contract, an agency must provide published notice of the

3943

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

3944

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

3945

(f) A guaranteed energy performance savings contract may

3946

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

3947

party. The contract for third party financing may be separate

3948

from the guaranteed energy performance contract. A separate

3949

contract for third party financing must include a provision that

3950

the third party financier must not be granted rights or

3951

privileges that exceed the rights and privileges available to the

3952

guaranteed energy performance savings contractor.

3953

(g) Financing for guaranteed energy performance savings

3954

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

3955

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

3956

proposals from state agencies to ensure that the most effective

3957

financing is being used.

3958

(i) Annually, the agency that has entered into the contract

3959

shall provide the Department of Management Services and the Chief

3960

Financial Officer the measurement and verification report

3961

required by the contract to validate that energy savings have

3962

occurred.

3963

(j)(g) In determining the amount the agency will finance to

3964

acquire the energy conservation measures, the agency may reduce

3965

such amount by the application of any grant moneys, rebates, or

3966

capital funding available to the agency for the purpose of buying

3967

down the cost of the guaranteed energy performance savings

3968

contract. However, in calculating the life cycle cost as required

3969

in paragraph (c), the agency shall not apply any grants, rebates,

3970

or capital funding.

3971

(5) CONTRACT PROVISIONS.--

3972

(a) A guaranteed energy performance savings contract must

3973

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

3974

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

3975

corporate guarantee by the guaranteed energy performance savings

3976

contractor that annual associated energy cost savings will meet

3977

or exceed the amortized cost of energy conservation measures.

3978

(b) The guaranteed energy performance savings contract must

3979

provide that all payments, except obligations on termination of

3980

the contract before its expiration, may be made over time, but

3981

not to exceed 20 years from the date of complete installation and

3982

acceptance by the agency, and that the annual savings are

3983

guaranteed to the extent necessary to make annual payments to

3984

satisfy the guaranteed energy performance savings contract.

3985

3986

require that the guaranteed energy performance savings contractor

3987

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

3988

construction bond to the agency for its faithful performance, as

3989

required by s. 255.05.

3990

(d) The guaranteed energy performance savings contract may

3991

contain a provision allocating to the parties to the contract any

3992

annual energy cost savings that exceed the amount of the energy

3993

cost savings guaranteed in the contract.

3994

(e) The guaranteed energy performance savings contract

3995

shall require the guaranteed energy performance savings

3996

contractor to provide to the agency an annual reconciliation of

3997

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

3998

reconciliation reveals a shortfall in annual energy or energy-

3999

related cost savings, the guaranteed energy performance savings

4000

contractor is liable for such shortfall. If the reconciliation

4001

reveals an excess in annual energy cost savings, the excess

4002

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

4003

to cover potential energy cost savings shortages in subsequent

4004

contract years.

4005

(f) The guaranteed energy performance savings contract must

4006

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

4007

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

4008

installation and acceptance by the agency using straight-line

4009

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

4010

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

4011

on life cycle cost calculations.

4012

(g) The guaranteed energy performance savings contract may

4013

extend beyond the fiscal year in which it becomes effective;

4014

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

4015

fiscal year and may be automatically renewed annually for up to

4016

20 years, subject to the agency making available sufficient

4017

annual funds appropriations based upon continued realized energy

4018

savings.

4019

(h) The guaranteed energy performance savings contract must

4020

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

4021

obligation of the state.

4022

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

4023

Department of Management Services, with the assistance of the

4024

Office of the Chief Financial Officer, shall may, within

4025

available resources, provide technical content assistance to

4026

state agencies contracting for energy conservation measures and

4027

engage in other activities considered appropriate by the

4028

department for promoting and facilitating guaranteed energy

4029

performance contracting by state agencies. The Department of

4030

Management Services shall review the investment-grade audit for

4031

each proposed project and certify that the cost savings are

4032

appropriate and sufficient for the term of the contract. The

4033

Office of the Chief Financial Officer, with the assistance of the

4034

Department of Management Services, shall develop model

4035

contractual and other related documents and shall, by rule may,

4036

within available resources, develop the contract requirements

4037

model contractual and related documents for use by state and

4038

other agencies. Prior to entering into a guaranteed energy

4039

performance savings contract, any contract or lease for third-

4040

party financing, or any combination of such contracts, a state

4041

agency shall submit such proposed contract or lease to the Office

4042

of the Chief Financial Officer for review and approval. A

4043

proposed contract or lease shall include:

4044

(a) Supporting information required by s. 216.023(a)9. in

4045

ss. 287.063(5) and 287.064(11). For contracts approved under s.

4046

489.145, the criteria may, at a minimum, include the

4047

specification of a benchmark cost of capital and minimum real

4048

rate of return on energy, water, or wastewater savings against

4049

which proposals shall be evaluated.

4050

(b) Documentation supporting recurring funds requirements

4051

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

4052

4053

(d) An agency measurement and verification plan to monitor

4054

cost savings.

4055

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

4056

financing of deferred payment commodity contracts under this

4057

section by a state agency, any such contract must be supported

4058

from available recurring funds appropriated to the agency in an

4059

appropriation category, as defined in chapter 216, which the

4060

Legislature has designated for payment of the obligation incurred

4061

under this section, or which the Chief Financial Officer has

4062

determined is appropriate.

4063

4064

The office of the Chief Financial Officer may not approve any

4065

contract from any state agency submitted under this section which

4066

does not meet the requirements of this section.

4067

Section 66. Section 526.203, Florida Statutes, is created

4068

to read:

4069

526.203 Renewable fuel standard.--

4070

(1) DEFINITIONS.--As used in this ss. 526.203-526.206, the

4071

terms "blender," "exporter," "importer," "terminal supplier," and

4072

"wholesaler" shall be defined as provided in s. 206.01.

4073

(a) "Fuel ethanol-blended gasoline" means a mixture of 90

4074

percent gasoline and 10 percent fuel ethanol or similar alcohol.

4075

The 10 percent fuel ethanol, or similar alcohol, portion may be

4076

derived from any agricultural source.

4077

(b) "Unblended gasoline" means gasoline that has not been

4078

blended with fuel ethanol.

4079

(2) FUEL STANDARD.--On and after December 31, 2010, all

4080

gasoline sold or offered for sale in Florida at retail shall

4081

contain, at a minimum 10 percent of a agriculturally derived,

4082

denatured ethanol fuel by volume. No terminal supplier, importer,

4083

exporter, blender, or wholesaler in this state shall sell or

4084

deliver fuel that which does not meet the blending requirements

4085

of ss. 526.203-526.206.

4086

(3) EXEMPTIONS.--The requirements of ss. 526.203-526.206 do

4087

not apply to the following:

4088

(a) Fuel used in aircraft;

4089

(b) Fuel sold at marinas and mooring docks for use in boats

4090

and similar watercraft;

4091

4092

be used exclusively as a fuel for off-highway motor sports racing

4093

events;

4094

(d) Fuel sold for use in collector vehicles or vehicles

4095

eligible to be licensed as collector vehicles, off-road vehicles,

4096

motorcycles, or small engines.

4097

(e) Fuel unable to comply due to requirements of the United

4098

States Environmental Protection Agency;

4099

(f) Fuel bulk transferred between terminals;

4100

(g) Fuel exported from the state in accordance with s.

4101

206.052;

4102

(h) Fuel qualifying for any exemption in accordance with

4103

chapter 206;

4104

(i) Fuel at an electric power plant that is regulated by

4105

the United States Nuclear Regulatory Commission unless such

4106

commission has approved the use of fuel meeting the requirements

4107

of subsection (2);

4108

(j) Fuel for a railroad locomotive; or

4109

(k) Fuel for equipment, including vehicle or vessel,

4110

covered by a warranty that would be voided, if explicitly stated

4111

in writing by the vehicle or vessel manufacturer, if it were to

4112

be operated using fuel meeting the requirements of subsection

4113

(2).

4114

(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,

4115

importer, exporter, blender, and wholesaler shall include in its

4116

report to the Department of Revenue the number of gallons of

4117

gasoline fuel meeting and not meeting the requirements of ss.

4118

526.203-526.206 which is sold and delivered by the terminal

4119

supplier, importer, exporter, blender, or wholesaler in the

4120

state, and the destination as to the county in the state to which

4121

the gasoline was delivered for resale at retail or use.

4122

Section 67. Section 526.204, Florida Statutes, is created to

4123

read:

4124

526.204 Suspension during declared emergencies; waivers.--

4125

(1) In order to account for supply disruptions and ensure

4126

reliable supplies of motor fuels for Florida, the requirements of

4127

ss. 526.203-526.206 shall be suspended when the provisions of s.

4128

252.36(2) in any area of the state are in effect plus an

4129

additional 30 days.

4130

(2) If a terminal supplier, importer, exporter, blender, or

4131

wholesaler is unable to obtain fuel ethanol or fuel ethanol-

4132

blended gasoline at the same or lower price than the price of

4133

unblended gasoline, the sale or delivery of unblended gasoline by

4134

the terminal supplier, importer, exporter, blender, or wholesaler

4135

shall not be deemed a violation of ss. 526.203-526.206. The

4136

terminal supplier, importer, exporter, blender, or wholesaler

4137

shall, upon request, provide the required documentation regarding

4138

the sales transaction and price of fuel ethanol, fuel ethanol-

4139

blended gasoline, and unblended gasoline to the Department of

4140

Revenue.

4141

Section 68. Section 526.205, Florida Statutes, is created

4142

to read:

4143

526.205 Enforcement.--

4144

(1) It is unlawful to sell or distribute, or offer for sale

4145

or distribution, any gasoline that fails to meet the requirements

4146

of ss. 526.203-526.207.

4147

(2) Upon determining that a terminal supplier, importer,

4148

exporter, blender, or wholesaler is not meeting the requirements

4149

of s. 526.203(2), the Department of Revenue shall notify the

4150

department.

4151

(3) Upon notification by the Department of Revenue of a

4152

violation of ss. 526.203-526.206, the department shall, subject

4153

to subsection (1), grant an extension or enter an order imposing

4154

one or more of the following penalties:

4155

(a) Issuance of a warning letter.

4156

(b) Imposition of an administrative fine of not more than

4157

$1,000 per violation for a first-time offender. For a second-time

4158

or repeat offender, or any person who is shown to have willfully

4159

and intentionally violated any provision of this chapter, the

4160

administrative fine shall not exceed $5,000 per violation. When

4161

imposing any fine under this section, the department shall

4162

consider the amount of money the violator benefited from by

4163

noncompliance, whether the violation was committed willfully, and

4164

the compliance record of the violator.

4165

4166

the department.

4167

(4) Any terminal supplier, importer, exporter, blender, or

4168

wholesaler may apply to the department by September 30, 2010, for

4169

an extension of time to comply with the requirements of ss.

4170

526.203-526.206. The application for an extension must

4171

demonstrate that the applicant has made a good faith effort to

4172

comply with the requirements but has been unable to do so for

4173

reasons beyond the applicant's control, such as delays in

4174

receiving governmental permits. The department shall review each

4175

application and make a determination as to whether the failure to

4176

comply was beyond the control of the applicant. If the department

4177

determines that the applicant made a good faith effort to comply,

4178

but was unable to do so for reasons beyond the applicant's

4179

control, the department shall grant an extension of time

4180

determined necessary for the applicant to comply. If no extension

4181

is granted, the department shall proceed with enforcement

4182

pursuant to subsection (3).

4183

Section 69. Section 526.206, Florida Statutes, is created

4184

to read:

4185

526.206 Rules.--

4186

(1) The Department of Revenue is authorized to adopt rules

4187

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

4188

of ss. 526.203-526.206.

4189

(2) The Department of Agriculture and Consumer Services is

4190

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

4191

to implement the provisions of ss. 526.203-526.206.

4192

Section 70. Studies and reports.--

4193

(1) The Florida Energy Commission shall conduct a study to

4194

evaluate and recommend the lifecycle greenhouse gas emissions

4195

associated with all renewable fuels, including, but not limited

4196

to, biodiesel, renewable diesel, biobutanol, ethanol derived from

4197

corn, ethanol derived from sugar, and cellulosic ethanol. In

4198

addition, the study shall evaluate and recommend a requirement

4199

that all renewable fuels introduced into commerce in the state,

4200

as a result of the renewable fuel standard, shall reduce the

4201

lifecycle greenhouse gas emissions by an average percentage. The

4202

study may also evaluate and recommend any benefits associated

4203

with the creation, banking, transfer, and sale of credits among

4204

fuel refiners, blenders, and importers.

4205

(2) The Florida Energy Commission shall submit a report

4206

containing specific recommendations to the President of the

4207

Senate and the Speaker of the House of Representatives no later

4208

than December 31, 2010.

4209

Section 71. Present subsection (5) of section 553.77,

4210

Florida Statutes, is renumbered as subsection (6), and a new

4211

subsection (5) is added to that section, to read:

4212

553.77 Specific powers of the commission.--

4213

(5) The commission may implement its recommendations

4214

delivered pursuant to subsection (2) of section 48 of chapter

4215

2007-73, Laws of Florida, by amending the Florida Energy

4216

Efficiency Code for Building Construction as provided in s.

4217

553.901.

4218

Section 72. Section 553.886, Florida Statutes, is created

4219

to read:

4220

553.886 Energy-efficiency technologies.--The provisions of

4221

the Florida Building Code must facilitate and promote the use of

4222

cost-effective energy conservation, energy-demand management, and

4223

renewable energy technologies in buildings.

4224

Section 73. Section 553.9061, Florida Statutes, is created

4225

to read:

4226

553.9061 Scheduled increases in thermal efficiency

4227

standards.--

4228

(1) This section establishes a schedule of required

4229

increases in the energy-efficiency performance of buildings that

4230

are subject to the requirements for energy efficiency as

4231

contained in the current edition of the Florida Building Code.

4232

The Florida Building Commission shall implement the following

4233

energy-efficiency goals using the triennial code-adoption process

4234

established for updates to the Florida Building Code in s.

4235

553.73:

4236

(a) Include requirements in the 2010 edition of the Florida

4237

Building Code to increase the energy-efficiency performance of

4238

new buildings by at least 20 percent as compared to the

4239

performance achieved as a result of the implementation of the

4240

energy-efficiency provisions contained in the 2004 edition of the

4241

Florida Building Code, as amended on May 22, 2007;

4242

(b) Include requirements in the 2013 edition of the Florida

4243

Building Code to increase the energy-efficiency performance of

4244

new buildings by at least 30 percent as compared to the

4245

performance achieved as a result of the implementation of the

4246

energy-efficiency provisions contained in the 2004 edition of the

4247

Florida Building Code, as amended on May 22, 2007;

4248

4249

Building Code to increase the energy-efficiency performance of

4250

new buildings by at least 40 percent as compared to the

4251

performance achieved as a result of the implementation of the

4252

energy-efficiency provisions contained in the 2004 edition of the

4253

Florida Building Code, as amended on May 22, 2007; and

4254

(d) Include requirements in the 2019 edition of the Florida

4255

Building Code to increase the energy-efficiency performance of

4256

new buildings by at least 50 percent as compared to the

4257

performance achieved as a result of the implementation of the

4258

energy-efficiency provisions contained in the 2004 edition of the

4259

Florida Building Code, as amended on May 22, 2007.

4260

(2) The commission shall identify in any code-support and

4261

compliance documentation the specific building options and

4262

elements available to meet the energy-efficiency performance

4263

requirements required under subsection (1). Energy-efficiency

4264

performance options and elements include, but are not limited to:

4265

(a) Solar water heating;

4266

(b) Energy-efficient appliances;

4267

4268

(d) Low solar-absorption roofs, also known as "cool roofs";

4269

(e) Enhanced ceiling and wall insulation;

4270

(f) Reduced-leak duct systems;

4271

(g) Programmable thermostats; and

4272

(h) Energy-efficient lighting systems.

4273

Section 74. (1) The Florida Building Commission shall

4274

conduct a study to evaluate the energy-efficiency rating of new

4275

buildings and appliances. The study must include a review of the

4276

current energy-efficiency ratings and consumer labeling

4277

requirements contained in chapter 553, Florida Statutes. The

4278

commission shall submit a written report of its study to the

4279

President of the Senate and the Speaker of the House of

4280

Representatives on or before February 1, 2009. The report must

4281

contain the commission's recommendations regarding the

4282

strengthening and integration of energy-efficiency ratings and

4283

labeling requirements.

4284

(2) The provisions of this section expire July 1, 2009.

4285

Section 75. (1) The Florida Building Commission shall

4286

conduct a study to evaluate opportunities to restructure the

4287

Florida Energy Efficiency Code for Building Construction to

4288

achieve long-range improvements to building energy performance.

4289

During such study, the commission shall address the integration

4290

of the Thermal Efficiency Code established in part V of chapter

4291

553, Florida Statutes, the Energy Conservation Standards Act

4292

established in part VI of chapter 553, Florida Statutes, and the

4293

Florida Building Energy-Efficiency Rating Act established in part

4294

VIII of chapter 553, Florida Statutes.

4295

(2) The commission shall submit a report containing

4296

specific recommendations on the integration of the code and acts

4297

identified in subsection (1) to the President of the Senate and

4298

the Speaker of the House of Representatives on or before February

4299

1, 2009.

4300

(3) The provisions of this section expire July 1, 2009.

4301

Section 76. (1) The Department of Community Affairs, in

4302

conjunction with the Florida Energy Affordability Coalition,

4303

shall identify and review issues relating to the Low-Income Home

4304

Energy Assistance Program and the Weatherization Assistance

4305

Program, and identify recommendations that:

4306

(a) Support customer health, safety, and well-being;

4307

(b) Maximize available financial and energy-conservation

4308

assistance;

4309

4310

assistance; and

4311

(d) Educate customers to make informed decisions regarding

4312

energy use and conservation.

4313

(2) On or before January 1, 2009, the department shall

4314

report its findings and any recommended statutory changes

4315

required to implement such findings to the President of the

4316

Senate and the Speaker of the House of Representatives.

4317

(3) The provisions of this section expire July 1, 2009.

4318

Section 77. Subsection (1) of section 553.957, Florida

4319

Statutes, is amended to read:

4320

553.957 Products covered by this part.--

4321

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

4322

certification, and enforcement of energy conservation standards

4323

for the following types of new commercial and residential

4324

products sold in the state:

4325

(a) Refrigerators, refrigerator-freezers, and freezers

4326

which can be operated by alternating current electricity,

4327

excluding:

4328

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

4329

2. Any type which does not include a compressor and

4330

condenser unit as an integral part of the cabinet assembly.

4331

(b) Lighting equipment.

4332

4333

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

4334

homes or businesses.

4335

(e) Electric motors used to pump water within swimming

4336

pools.

4337

(f) Water heaters for swimming pools.

4338

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

4339

department classifies as a covered product as specified in this

4340

part.

4341

Section 78. Section 553.975, Florida Statutes, is amended

4342

to read:

4343

553.975 Report to the Governor and Legislature.--The Public

4344

Service Commission shall submit a biennial report to the

4345

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

4346

House of Representatives, concurrent with the report required by

4347

s. 366.82(5) s. 366.82(4), beginning in 1990. Such report shall

4348

include an evaluation of the effectiveness of these standards on

4349

energy conservation in this state.

4350

Section 79. The Public Service Commission shall analyze

4351

utility revenue decoupling and provide a report and

4352

recommendations to the Governor, the President of the Senate, and

4353

the Speaker of the House of Representatives by January 1, 2009.

4354

Section 80. Subsection (6) is added to section 718.113,

4355

Florida Statutes, to read:

4356

718.113 Maintenance; limitation upon improvement; display

4357

of flag; hurricane shutters.--

4358

(6) Notwithstanding the provisions of this section or the

4359

governing documents of a condominium or a multicondominium

4360

association, the board of administration may, without any

4361

requirement for approval of the unit owners, install upon or

4362

within the common elements or association property solar

4363

collectors, clotheslines, or other energy-efficient devices based

4364

on renewable resources for the benefit of the unit owners.

4365

Section 81. Section 1004.648, Florida Statutes, is created

4366

to read:

4367

1004.648 Florida Energy Systems Consortium.--

4368

(1) There is created the Florida Energy Systems Consortium

4369

to promote collaboration between experts in the State University

4370

System for the purpose of developing and implementing a

4371

comprehensive, long-term, environmentally compatible,

4372

sustainable, and efficient energy strategic plan for the state.

4373

The consortium shall focus on an overall broad systems approach,

4374

from energy resource to consumer, for producing innovative energy

4375

systems that will lead to alternative energy strategies, improved

4376

energy efficiencies, and expanded economic development for the

4377

state. The consortium shall consist of the University of Florida,

4378

Florida State University, the University of South Florida, the

4379

University of Central Florida, and Florida Atlantic University.

4380

The consortium shall be administered at the University of Florida

4381

by a director who shall report to the Florida Energy and Climate

4382

Commission, created in s. 377.6015. The commission shall have

4383

ultimate authority over both the technical performance and

4384

financial management of the consortium. In performing its

4385

activities, the consortium must collaborate with an Oversight

4386

Board consisting of the vice president for research at each of

4387

the five universities. The consortium may also collaborate with

4388

industry and other affected parties.

4389

(2) Through collaborative research and development across

4390

the State University System and industry, the goal of the

4391

consortium is to become a world leader in energy research,

4392

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

4393

the consortium shall:

4394

(a) Coordinate and initiate increased collaborative

4395

interdisciplinary energy research among universities and the

4396

energy industry.

4397

(b) Create a Florida energy technology industry.

4398

4399

analysis.

4400

(d) Develop education and outreach programs to prepare a

4401

qualified energy workforce and informed public.

4402

(3) To promote collaboration between researchers within the

4403

State University System, with industry, and other external

4404

partners, the consortium shall receive input from the Florida

4405

Energy and Climate Commission. The University Council, which

4406

shall consist of one member from each university designated by

4407

the corresponding vice president for research, shall provide

4408

guidance on vision and direction to the director. The board, the

4409

Florida Energy and Climate Commission, and the council shall

4410

constitute the Steering Committee. The Steering Committee is

4411

responsible for establishing and assuring the success of the

4412

consortium's strategic plan.

4413

(4) A major focus of the consortium is to expedite

4414

commercialization of innovative energy technologies by taking

4415

advantage of State University System energy expertise, high

4416

technology incubators, industrial parks, and industry-driven

4417

research centers to attract companies to establish manufacturing

4418

in the state and transition technologies into the state economy.

4419

(5) The consortium shall solicit and leverage state,

4420

federal, and private funds for the purpose of conducting

4421

education, research, and development in the area of sustainable

4422

energy. The Oversight Board shall ensure that the consortium

4423

maintains accurate records of any funds received by the

4424

consortium.

4425

(6) Through research and instructional programs, the

4426

faculty associated with the consortium shall coordinate a

4427

statewide workforce development initiative focusing on college-

4428

level degrees, technician training, and public and commercial

4429

sectors awareness. The consortium shall develop specific programs

4430

targeted at preparing graduates who have a background in energy,

4431

continuing education courses for technical and nontechnical

4432

professionals, and modules, laboratories, and courses to be

4433

shared among the universities. The consortium shall work with the

4434

Florida Community College system using the Florida Advanced

4435

Technological Education Center (FLATE) for the coordination and

4436

design of industry-specific training programs for technicians.

4437

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

4438

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

4439

the Speaker of the House of Representatives and the Florida

4440

Energy and Climate Commission regarding its activities including,

4441

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

4442

deployment of alternative energy technologies.

4443

Section 82. State interest.--

4444

(1) As a condition for the issuance of grants or other

4445

monetary awards to private companies for energy-related research

4446

or deployment projects, the Department of Environmental

4447

Protection may require a negotiated or licensing agreement

4448

containing a stipulation requiring the return to the state of an

4449

agreed-upon amount or percentage of profit resulting from

4450

commercialization of the product or process.

4451

(2) The Department of Environmental Protection shall

4452

conduct a study to determine how negotiated or licensing

4453

agreements may best be used in these situations in order for the

4454

state to earn a monetary return on energy-related products or

4455

processes that are ultimately prohibited upon commercialization.

4456

The department shall submit its study to the Governor, the

4457

President of the Senate, and the Speaker of the House of

4458

Representatives by February 1, 2009.

4459

Section 83. The Department of Environmental Protection, in

4460

conjunction with the Department of Agriculture and Consumer

4461

Services, shall conduct an economic impact analysis on the

4462

effects of granting financial incentives to energy producers who

4463

use woody biomass as fuel. It shall include an analysis of the

4464

effects on wood supply and prices and the impacts on current

4465

markets and on forest sustainability. The department shall submit

4466

the results of the study to the President of the Senate and the

4467

Speaker of the House of Representatives.

4468

Section 84. Recycling.--

4469

(1) The Legislature finds that the failure or inability to

4470

economically recover material and energy resources from solid

4471

waste results in the unnecessary waste and depletion of our

4472

natural resources. Therefore, the maximum recycling and reuse of

4473

such resources must be a high-priority goal of this state.

4474

(2) The long-term goal for reducing solid waste through the

4475

recycling efforts of state and local governmental entities shall,

4476

by the year 2020, be a statewide average reduction of 75 percent

4477

of the amount of solid waste that was disposed of in 2007, not

4478

including any recycling efforts undertaken during that year.

4479

(3) The Department of Environmental Protection shall, by

4480

January 1, 2010, develop a recycling program in conjunction with

4481

state and local governments which is designed to meet the

4482

reduction goal stated in subsection (2).

4483

Section 85. The Department of Environmental Protection,

4484

when submitting proposed rules adopted pursuant to s. 403.44,

4485

Florida Statutes, the Climate Protection Act, for ratification by

4486

the Legislature, shall submit a summary report to the Governor,

4487

the President of the Senate, and the Speaker of the House of

4488

Representatives. The report must describe the costs and benefits

4489

of a cap-and-trade system and must include, but need not be

4490

limited to:

4491

(1) The impact of a cap-and-trade system on electricity

4492

prices charged to consumers.

4493

(2) The overall cost of a cap-and-trade system to the

4494

economy of this state.

4495

(3) The effect of a cap-and-trade system on low-income

4496

consumers if the system results in an increase of energy prices

4497

on low-income consumers.

4498

Section 86. Except as otherwise expressly provided in this

4499

act, this act shall take effect July 1, 2008.

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