CS for CS for CS for SB 1544 First Engrossed
20081544e1
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A bill to be entitled
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An act relating to energy conservation; amending s.
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74.051, F.S.; requiring a court to conduct a hearing and
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issue a final judgment on a petition for a taking within
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specified times after a utility's request for such
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hearing; amending s. 110.171, F.S.; requiring each state
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agency to complete a telecommuting program by a specified
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date which includes a listing of the job classification
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and positions that the state agency considers appropriate
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for telecommuting; providing requirements for the
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telecommuting program; requiring each state agency to post
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the telecommuting program on its website; amending s.
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163.04, F.S.; revising provisions prohibiting restrictions
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on the use of energy devices based on renewable resources;
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amending s. 163.3177, F.S.; revising requirements for the
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future land use element of a local comprehensive plan;
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requiring that the traffic-circulation element incorporate
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transportation strategies to reduce greenhouse gas
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emissions; revising the conservation element of a local
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comprehensive plan to include factors that affect energy
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conservation; requiring a land use map of future land use
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to depict energy conservation; revising the standards,
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plans, and principles of the housing element of a local
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comprehensive plan; requiring each unit of local
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government within an urbanized area to amend the
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transportation element to incorporate transportation
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strategies addressing reduction in greenhouse gas
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emissions; amending s. 186.007, F.S.; authorizing the
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Executive Office of the Governor to include in the state
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comprehensive plan goals, objectives, and policies related
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energy and global climate change; amending s. 187.201,
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F.S.; adopting provisions of the State Comprehensive Plan
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concerning the development, siting, and use of low-carbon-
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emitting electric power plants; amending s. 196.012, F.S.;
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deleting the definition of the term "renewable energy
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source device" or "device"; amending s. 196.175, F.S.;
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providing no exemption shall be granted for renewable
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energy source devices installed before January 1, 2009;
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amending s. 206.43, F.S.; requiring each terminal
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supplier, importer, exporter, blender, and wholesaler to
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include the number of gallons of gasoline fuel which meet
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and fail to meet certain requirements in their monthly
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reports to the Department of Revenue; amending s. 212.08,
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F.S.; requiring that the Florida Energy and Climate
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Commission rather than the Department of Environmental
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Protection implement certain responsibilities concerning
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eligibility and application for the tax exemption;
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requiring the commission to adopt, by rule, an application
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form, including the required content and documentation to
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support the application, for the taxpayer to use in
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claiming the tax exemption; amending s. 220.192, F.S.;
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defining terms relating to a tax credit; allowing certain
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tax credits to be transferred for a specified period;
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providing procedures and requirements; authorizing the
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Department of Revenue to adopt rules; amending s. 220.193,
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F.S.; defining the terms "sale" or "sold" and "taxpayer";
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providing legislative intent concerning retroactive
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application of certain renewable energy production tax
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credits; providing for the pass through of a renewable
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energy production tax credit under certain conditions;
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providing for retroactive application; amending s. 253.02,
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F.S.; providing that the Board of Trustees of the Internal
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Improvement Trust Fund may delegate to the Secretary of
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Environmental Protection the authority to grant easements
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on its behalf under certain conditions; amending s.
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253.034, F.S.; granting a utility the use of
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nonsovereignty state-owned lands upon a showing of
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competent substantial evidence that the use is reasonable;
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establishing criteria relating to the title, distribution,
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and cost of such lands; amending s. 255.249, F.S.;
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requiring state agencies to annually provide telecommuting
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plans to the Department of Management Services; amending
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s. 255.251, F.S.; creating the "Florida Energy
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Conservation and Sustainable Buildings Act"; amending s.
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255.252, F.S.; providing findings and legislative intent;
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providing that it is the policy of the state that
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buildings constructed and financed by the state, or
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existing buildings renovated by the state, be designed and
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constructed with a goal of meeting or exceeding the United
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States Green Building Council (USGBC) Leadership in Energy
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and Environmental Design (LEED) rating system, the Green
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Building Initiative's Green Globes rating system, or the
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Florida Green Building Coalition standards; requiring each
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state agency to identify and compile a list of energy-
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conservation projects that it determines are suitable for
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a guaranteed energy performance savings contract; amending
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s. 255.253, F.S.; defining terms relating to energy
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conservation for buildings; amending s. 255.254, F.S.;
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prohibiting a state agency from leasing or constructing a
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facility without having secured from the Department of
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Management Services an evaluation of life-cycle costs for
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the building; requiring certain leased buildings to have
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an energy performance analysis conducted; requiring the
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owner of any building leased by the state from the private
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sector to submit provisions for monthly energy use data to
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the 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
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be reported to the department annually in a format
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prescribed by the department; providing duties of energy-
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management coordinators; requiring that the department of
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Management Services develop a state energy-management
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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. 366.91, F.S.; providing
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definitions; requiring each public utility, municipal
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electric utility, and rural electric cooperative to
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develop a standardized interconnection agreement and net
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metering program for customer-owned renewable generation;
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provides for rulemaking and the filing of certain reports;
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providing definitions; requiring the commission to adopt a
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renewable portfolio standard by rule; requiring that the
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rule be ratified by the Legislature; providing that the
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rule must be submitted for legislative approval by
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February 1, 2009; specifying criteria for the rule
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development; allowing for full cost recovery of certain
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reasonable and prudent costs prior to the ratification of
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the rule; requiring each municipal electric utility and
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rural electric cooperative to develop standards for the
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use of renewable energy resources and energy conservation
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measures and submit a report to the Public Service
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Commission which identifies such standards; amending s.
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366.93, F.S.; revising the definitions of "cost" and
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"preconstruction"; requiring the Public Service Commission
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to establish rules relating to cost recovery for the
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construction of new, expanded, or relocated electrical
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transmission lines and facilities for alternative energy
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technologies; transferring the State Energy Program from
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the Department of Environmental Protection to the Florida
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Energy and Climate Commission; creating s. 377.6015, F.S.;
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creating the Florida Energy and Climate Commission;
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providing for the appointment and qualifications of
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members; providing for meetings, duties, and authority of
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the commission; authorizing the commission to adopt rules;
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amending s. 377.602, F.S.; revising definitions; amending
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conforming provisions to changes made by the act; amending
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s. 377.701, F.S.; assigning responsibility for petroleum
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allocation and conservation to the commission rather than
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the Department of Environmental Protection; amending s.
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377.703, F.S.; assigning additional duties to the Florida
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Energy and Climate Commission relating to state energy
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policy; deleting definitions; conforming cross-references;
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amending s. 377.705, F.S.; revising legislative intent
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relating to solar energy standards; amending s. 377.801,
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F.S.; revising a short title; amending s. 377.802, F.S.;
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revising the purpose of the Florida Energy and Climate
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Protection Act; amending s. 377.803, F.S.; revising
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definitions; amending s. 377.804, F.S.; assigning
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responsibility for the Renewable Energy and Energy-
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Efficient Technologies Grant Program to the Florida Energy
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and Climate Commission rather than the Department of
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Environmental Protection; requiring the commission to
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develop policies relating to commercialized products
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developed under a state grant; requiring grant
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applications to include an affidavit attesting to the
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veracity of statements in the application; amending s.
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377.806, F.S.; providing for administration of the Solar
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Energy System Incentives Program by the Florida Energy and
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Climate Commission rather than the Department of
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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 to award grants to assist
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local governments in the development of programs that
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achieve green standards; requiring the commission to adopt
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rules; providing requirements for the rules; limiting the
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number of grant applications 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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within the Department of Environmental Protection;
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creating s. 377.921, F.S., relating to qualified solar
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energy systems; providing definitions; allowing a public
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utility to recover certain costs; amending ss. 380.23 and
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403.031, F.S.; conforming cross-references; creating s.
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403.44, F.S.; creating the Florida Climate Protection Act;
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defining terms; requiring the Department of Environmental
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Protection to establish the methodologies, reporting
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periods, and reporting systems that must be used when
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major emitters report to The Climate Registry; authorizing
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the department to adopt rules for a cap-and-trade
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regulatory program to reduce greenhouse gas emissions from
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major emitters; providing for the content of the rule;
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amending s. 403.502, F.S.; providing legislative intent;
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amending s. 403.503, F.S.; defining the term "alternate
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corridor" and redefining the term "corridor" for purposes
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of the Florida Electrical Power Plant Siting Act; amending
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s. 403.504, F.S.; requiring the Department of
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Environmental Protection to determine whether a proposed
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alternate corridor is acceptable; amending s. 403.506,
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F.S.; exempting an electric utility from obtaining
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certification under the Florida Electrical Power Plant
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Siting Act before constructing facilities for a power
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plant using nuclear materials as fuel; providing that a
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utility may obtain separate licenses, permits, and
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approvals for such construction under certain
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circumstances; exempting such provisions from review under
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ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
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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. 403.5065, F.S.; providing for conforming
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changes; amending s. 403.50663, F.S.; providing for notice
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of meeting to the general public; amending s. 403.50665,
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F.S.; requiring an application to include a statement on
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the consistency of directly associated facilities
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constituting a "development"; requiring the Department of
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Environmental Protection to address at the certification
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hearing the issue of compliance with land use plans and
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zoning ordinances for a proposed substation located in or
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along an alternate corridor; amending s. 403.507, F.S.;
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providing for reports to be submitted to the department no
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later than 100 days after certification application has
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been determined complete; amending s. 403.508, F.S.;
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providing for land use and certification hearings;
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amending s. 403.509, F.S.; requiring the Governor and
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Cabinet sitting as the siting board to certify the
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corridor having the least adverse impact; authorizing the
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board to deny certification or allow a party to amend its
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proposal; amending s. 403.511, F.S.; providing for
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conforming changes; amending s. 403.5112, F.S.; providing
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for filing of notice; amending s. 403.5113, F.S.;
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providing for postcertification amendments and
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postcertification review; 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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providing conforming changes and cross-references;
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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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need and general permits; conforming provisions to changes
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made by the act; amending s. 403.7031, F.S.; prohibiting a
315
county or municipality from using in practice any
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definition inconsistent with certain statutes; creating s.
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403.7055, F.S.; encouraging counties in the state to form
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regional solutions to the capture and reuse or sale of
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methane gas from landfills and wastewater treatment
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facilities; requiring the Department of Environmental
321
Protection to provide guidelines and assistance; amending
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s. 403.814, F.S., relating to general permits; conforming
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provisions; amending s. 489.145, F.S.; revising provisions
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of the Guaranteed Energy Performance Savings Contracting
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Act; renaming the act as the "Guaranteed Energy, Water,
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and Wastewater Performance Savings Contracting Act";
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requiring that each proposed contract or lease contain
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certain agreements concerning operational cost-saving
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measures; redefining terms; defining the term "investment
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grade energy audit"; requiring that certain baseline
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information, supporting information, and documentation be
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included in contracts; requiring the office of the Chief
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Financial Officer to review contract proposals; providing
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audit requirements; requiring contract approval by the
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Legislature or Chief Financial Officer; creating s.
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526.203, F.S.; providing definitions; requiring that on or
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after a specified date all gasoline sold in the state
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contain a specified percent of agriculturally derived
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denatured ethanol; providing for exemptions; creating s.
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526.204, F.S.; providing for the requirements to be
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suspended during a declared emergency; providing an
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exemption if a supplier or other distributor is unable to
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obtain the required fuel at the same or lower price than
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the price of unblended gasoline; requiring that
345
documentation be provided to the Department of Revenue;
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creating s. 526.205, F.S.; providing for enforcement of
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the requirement for gasoline content; providing penalties;
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providing for the Department of Revenue to grant an
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extension of time to comply with the requirement; creating
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s. 526.206, F.S.; authorizing the Department of Revenue
351
and the Department of Agriculture and Consumer Services to
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adopt rules; requiring the Florida Energy Commission to
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conduct a study of the lifecycle greenhouse gas emissions
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associated with all renewable fuels; requiring a report to
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the Legislature by a specified date; amending s. 553.77,
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F.S.; authorizing the Florida Building Commission to
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implement recommendations relating to energy efficiency in
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residential and commercial buildings; creating s. 553.886,
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F.S.; requiring that the Florida Building Code facilitate
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and promote the use of certain renewable energy
361
technologies in buildings; amending s. 553.901, F.S.;
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requiring the commission to adopt by rule a definition of
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the term "cost effective"; creating s. 553.9061, F.S.;
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requiring the Florida Building Commission to establish a
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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
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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
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energy-efficiency goals by the commission; requiring the
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commission to conduct a study to evaluate the energy-
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efficiency rating of new buildings and appliances;
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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; requiring
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the commission to conduct a study to evaluate
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opportunities to restructure the Florida Energy Code for
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Building Construction, including the integration of the
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Thermal Efficiency Code, the Energy Conservation Standards
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Act, and the Florida Building Energy-Efficiency Rating
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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
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the Florida Energy Affordability Council, to identify and
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review issues relating to the Low-Income Home Energy
391
Assistance Program and the Weatherization Assistance
392
Program; requiring the submission of 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; providing
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for the expiration of certain study requirements; amending
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s. 553.957, F.S.; including certain home and commercial
397
appliances in the requirements for testing and
398
certification for meeting certain energy-conservation
399
standards; amending s. 553.975, F.S.; conforming a cross-
400
reference; requiring the Public Service Commission to
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analyze utility revenue decoupling and provide a report
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and recommendations to the Governor, the President of the
403
Senate, and the Speaker of the House of Representatives by
404
a specified date; amending s. 718.113, F.S.; authorizing
405
the board of a condominium or a multicondominium to
406
install solar collectors, clotheslines, or other energy-
407
efficient devices on association property; creating s.
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1004.648, F.S.; establishing the Florida Energy Systems
409
Consortium, consisting of specified state universities;
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providing membership and duties of the consortium;
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providing for an oversight board and steering committee;
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providing reporting requirements for the consortium by a
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date certain; authorizing the Department of Environmental
414
Protection to require certain agreements to contain a
415
stipulation requiring the return to the state of a portion
416
of the profit resulting from commercialization of an
417
energy-related product or process; requiring the
418
department to conduct a study relating to the state
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earning a monetary return on energy-related products or
420
processes through the use of negotiated or licensing
421
agreements; requiring the department to submit the study
422
to the Governor and the Legislature; requiring the
423
Department of Environmental Protection, in conjunction
424
with the Department of Agriculture and Consumer Services,
425
to conduct an economic impact analysis on the effect of
426
granting financial incentives to energy producers who use
427
woody biomass; requiring the department to submit the
428
results to the Legislature; providing legislative findings
429
regarding recycling; providing for a long-term goal of
430
reducing the amount of solid waste disposed of in the
431
state by a certain percentage; requiring the Department of
432
Environmental Protection to develop a comprehensive
433
recycling program and submit such program to the
434
Legislature by a specified date; requiring the
435
Legislature's approval before implementing such program;
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requiring that such program be developed in coordination
437
with other state and local entities, private businesses,
438
and the public; requiring that the program contain certain
439
components; requiring the Department of Environmental
440
Protection to prepare a report relating to the costs and
441
benefits of implementing a cap-and-trade system to trade
442
emission credits; requiring the department to present the
443
report to the Governor, the President of the Senate, and
444
the Speaker of the House of Representatives; describing
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certain specified issues to be included in the report;
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providing effective 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
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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
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necessary for an electric generation plant, an associated
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facility of such plant, an electric substation, or a power line,
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the court shall conduct the hearing no more than 120 days after
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the petition is filed. The court shall issue its order of taking
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no more than 30 days after the conclusion of the hearing.
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Section 2. Subsection (3) of section 110.171, Florida
462
Statutes, is amended, and a new subsection (4) is added to that
463
section, to read:
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110.171 State employee telecommuting program.--
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(3) By September 30, 2009 October 1, 1994, each state
466
agency shall identify and maintain a current listing of the job
467
classifications and positions that the agency considers
468
appropriate for telecommuting. Agencies that adopt a state
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employee telecommuting program must:
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(a) Give equal consideration to career service and exempt
471
positions in their selection of employees to participate in the
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telecommuting program.
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(b) Provide that an employee's participation in a
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telecommuting program will not adversely affect eligibility for
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advancement or any other employment rights or benefits.
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(c) Provide that participation by an employee in a
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telecommuting program is voluntary, and that the employee may
478
elect to cease to participate in a telecommuting program at any
479
time.
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(d) Adopt provisions to allow for the termination of an
481
employee's participation in the program if the employee's
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continued participation would not be in the best interests of the
483
agency.
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(e) Provide that an employee is not currently under a
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performance improvement plan in order to participate in the
486
program.
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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
490
employees.
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(g) Establish the reasonable conditions that the agency
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plans to impose in order to ensure the appropriate use and
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maintenance of any equipment or items provided for use at a
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participating employee's home or other place apart from the
495
employee's usual place of work, including the installation and
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maintenance of any telephone equipment and ongoing communications
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costs at the telecommuting site which is to be used for official
498
use only.
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(h) Prohibit state maintenance of an employee's personal
500
equipment used in telecommuting, including any liability for
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personal equipment and costs for personal utility expenses
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associated with telecommuting.
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(i) Describe the security controls that the agency
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considers appropriate.
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(j) Provide that employees are covered by workers'
506
compensation under chapter 440, when performing official duties
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at an alternate worksite, such as the home.
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(k) Prohibit employees engaged in a telecommuting program
509
from conducting face-to-face state business at the homesite.
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(l) Require a written agreement that specifies the terms
511
and conditions of telecommuting, which includes verification by
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the employee that the home office provides work space that is
513
free of safety and fire hazards, together with an agreement which
514
holds the state harmless against any and all claims, excluding
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workers' compensation claims, resulting from an employee working
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in the home office, and which must be signed and agreed to by the
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telecommuter and the supervisor.
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(m) Provide measureable financial benefits associated with
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reduced office space requirements, reductions in energy
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consumption and reductions in associated emissions of greenhouse
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gases resulting from telecommuting. State agencies operating in
522
office space owned or managed by the department shall consult the
523
facilities program to ensure its consistency with the strategic
524
leasing plan required under s. 255.249(3)(b).
525
(4) The telecommuting program for each state agency, and
526
pertinent supporting documents, shall be posted on the agency's
527
website to allow access by employees and the public.
528
Section 3. Subsection (2) of section 163.04, Florida
529
Statutes, is amended to read:
530
163.04 Energy devices based on renewable resources.--
531
(2) A deed restriction, covenant, declaration, or similar
532
binding agreement may not No deed restrictions, covenants, or
533
similar binding agreements running with the land shall prohibit
534
or have the effect of prohibiting solar collectors, clotheslines,
535
or other energy devices based on renewable resources from being
536
installed on buildings erected on the lots or parcels covered by
537
the deed restriction, covenant, declaration, or binding agreement
538
restrictions, covenants, or binding agreements. A property owner
539
may not be denied permission to install solar collectors or other
540
energy devices based on renewable resources by any entity granted
541
the power or right in any deed restriction, covenant,
542
declaration, or similar binding agreement to approve, forbid,
543
control, or direct alteration of property with respect to
544
residential dwellings and within the boundaries of a condominium
545
unit. not exceeding three stories in height. For purposes of this
546
subsection, Such entity may determine the specific location where
547
solar collectors may be installed on the roof within an
548
orientation to the south or within 45° east or west of due south
549
if provided that such determination does not impair the effective
550
operation of the solar collectors.
551
Section 4. Paragraphs (a), (b), (d), (f), and (j) of
552
subsection (6) of section 163.3177, Florida Statutes, are amended
553
to read:
554
163.3177 Required and optional elements of comprehensive
555
plan; studies and surveys.--
556
(6) In addition to the requirements of subsections (1)-(5)
557
and (12), the comprehensive plan shall include the following
558
elements:
559
(a) A future land use plan element designating proposed
560
future general distribution, location, and extent of the uses of
561
land for residential uses, commercial uses, industry,
562
agriculture, recreation, conservation, education, public
563
buildings and grounds, other public facilities, and other
564
categories of the public and private uses of land. Counties are
565
encouraged to designate rural land stewardship areas, pursuant to
566
the provisions of paragraph (11)(d), as overlays on the future
567
land use map. Each future land use category must be defined in
568
terms of uses included, and must include standards for to be
569
followed in the control and distribution of population densities
570
and building and structure intensities. The proposed
571
distribution, location, and extent of the various categories of
572
land use shall be shown on a land use map or map series which
573
shall be supplemented by goals, policies, and measurable
574
objectives. The future land use plan shall be based upon surveys,
575
studies, and data regarding the area, including the amount of
576
land required to accommodate anticipated growth; the projected
577
population of the area; the character of undeveloped land; the
578
availability of water supplies, public facilities, and services;
579
the need for redevelopment, including the renewal of blighted
580
areas and the elimination of nonconforming uses which are
581
inconsistent with the character of the community; the
582
compatibility of uses on lands adjacent to or closely proximate
583
to military installations; the discouragement of urban sprawl;
584
energy-efficient land use patterns accounting for existing and
585
future electric power generation and transmission systems;
586
greenhouse gas reduction strategies; and, in rural communities,
587
the need for job creation, capital investment, and economic
588
development that will strengthen and diversify the community's
589
economy. The future land use plan may designate areas for future
590
planned development use involving combinations of types of uses
591
for which special regulations may be necessary to ensure
592
development in accord with the principles and standards of the
593
comprehensive plan and this act. The future land use plan element
594
shall include criteria to be used to achieve the compatibility of
595
adjacent or closely proximate lands with military installations.
596
In addition, for rural communities, the amount of land designated
597
for future planned industrial use shall be based upon surveys and
598
studies that reflect the need for job creation, capital
599
investment, and the necessity to strengthen and diversify the
600
local economies, and may shall not be limited solely by the
601
projected population of the rural community. The future land use
602
plan of a county may also designate areas for possible future
603
municipal incorporation. The land use maps or map series shall
604
generally identify and depict historic district boundaries and
605
shall designate historically significant properties meriting
606
protection. For coastal counties, the future land use element
607
must include, without limitation, regulatory incentives and
608
criteria that encourage the preservation of recreational and
609
commercial working waterfronts as defined in s. 342.07. The
610
future land use element must clearly identify the land use
611
categories in which public schools are an allowable use. When
612
delineating the land use categories in which public schools are
613
an allowable use, a local government shall include in the
614
categories sufficient land proximate to residential development
615
to meet the projected needs for schools in coordination with
616
public school boards and may establish differing criteria for
617
schools of different type or size. Each local government shall
618
include lands contiguous to existing school sites, to the maximum
619
extent possible, within the land use categories in which public
620
schools are an allowable use. The failure by a local government
621
to comply with these school siting requirements will result in
622
the prohibition of the local government's ability to amend the
623
local comprehensive plan, except for plan amendments described in
624
s. 163.3187(1)(b), until the school siting requirements are met.
625
Amendments proposed by a local government for purposes of
626
identifying the land use categories in which public schools are
627
an allowable use are exempt from the limitation on the frequency
628
of plan amendments provided contained in s. 163.3187. The future
629
land use element shall include criteria that encourage the
630
location of schools proximate to urban residential areas to the
631
extent possible and shall require that the local government seek
632
to collocate public facilities, such as parks, libraries, and
633
community centers, with schools to the extent possible and to
634
encourage the use of elementary schools as focal points for
635
neighborhoods. For schools serving predominantly rural counties,
636
defined as a county with a population of 100,000 or fewer, an
637
agricultural land use category is shall be eligible for the
638
location of public school facilities if the local comprehensive
639
plan contains school siting criteria and the location is
640
consistent with such criteria. Local governments required to
641
update or amend their comprehensive plan to include criteria and
642
address compatibility of adjacent or closely proximate lands with
643
existing military installations in their future land use plan
644
element shall transmit the update or amendment to the department
645
by June 30, 2006.
646
(b) A traffic circulation element consisting of the types,
647
locations, and extent of existing and proposed major
648
thoroughfares and transportation routes, including bicycle and
649
pedestrian ways. Transportation corridors, as defined in s.
650
334.03, may be designated in the traffic circulation element
651
pursuant to s. 337.273. If the transportation corridors are
652
designated, the local government may adopt a transportation
653
corridor management ordinance. The traffic circulation element
654
shall incorporate transportation strategies to address reduction
655
in greenhouse gas emissions from the transportation sector.
656
(d) A conservation element for the conservation, use, and
657
protection of natural resources in the area, including air,
658
water, water recharge areas, wetlands, waterwells, estuarine
659
marshes, soils, beaches, shores, flood plains, rivers, bays,
660
lakes, harbors, forests, fisheries and wildlife, marine habitat,
661
minerals, and other natural and environmental resources,
662
including factors that affect energy conservation. Local
663
governments shall assess their current, as well as projected,
664
water needs and sources for at least a 10-year period,
665
considering the appropriate regional water supply plan approved
666
pursuant to s. 373.0361, or, in the absence of an approved
667
regional water supply plan, the district water management plan
668
approved pursuant to s. 373.036(2). This information shall be
669
submitted to the appropriate agencies. The land use map or map
670
series contained in the future land use element shall generally
671
identify and depict the following:
672
1. Existing and planned waterwells and cones of influence
673
where applicable.
674
2. Beaches and shores, including estuarine systems.
675
3. Rivers, bays, lakes, flood plains, and harbors.
676
4. Wetlands.
677
5. Minerals and soils.
678
6. Energy conservation.
679
680
The land uses identified on such maps shall be consistent with
681
applicable state law and rules.
682
(f)1. A housing element consisting of standards, plans, and
683
principles to be followed in:
684
a. The provision of housing for all current and anticipated
685
future residents of the jurisdiction.
686
b. The elimination of substandard dwelling conditions.
687
c. The structural and aesthetic improvement of existing
688
housing.
689
d. The provision of adequate sites for future housing,
690
including affordable workforce housing as defined in s.
691
380.0651(3)(j), housing for low-income, very low-income, and
692
moderate-income families, mobile homes, and group home facilities
693
and foster care facilities, with supporting infrastructure and
694
public facilities.
695
e. Provision for relocation housing and identification of
696
historically significant and other housing for purposes of
697
conservation, rehabilitation, or replacement.
698
f. The formulation of housing implementation programs.
699
g. The creation or preservation of affordable housing to
700
minimize the need for additional local services and avoid the
701
concentration of affordable housing units only in specific areas
702
of the jurisdiction.
703
h. Energy efficiency in the design and construction of new
704
housing By July 1, 2008, each county in which the gap between the
705
buying power of a family of four and the median county home sale
706
price exceeds $170,000, as determined by the Florida Housing
707
Finance Corporation, and which is not designated as an area of
708
critical state concern shall adopt a plan for ensuring affordable
709
workforce housing. At a minimum, the plan shall identify adequate
710
sites for such housing. For purposes of this sub-subparagraph,
711
the term "workforce housing" means housing that is affordable to
712
natural persons or families whose total household income does not
713
exceed 140 percent of the area median income, adjusted for
714
household size.
715
i. Use of renewable energy resources Failure by a local
716
government to comply with the requirement in sub-subparagraph h.
717
will result in the local government being ineligible to receive
718
any state housing assistance grants until the requirement of sub-
719
subparagraph h. is met.
720
721
The goals, objectives, and policies of the housing element must
722
be based on the data and analysis prepared on housing needs,
723
including the affordable housing needs assessment. State and
724
federal housing plans prepared on behalf of the local government
725
must be consistent with the goals, objectives, and policies of
726
the housing element. Local governments are encouraged to use
727
utilize job training, job creation, and economic solutions to
728
address a portion of their affordable housing concerns. By July
729
1, 2008, each county in which the gap between the buying power of
730
a family of four and the median county home sale price exceeds
731
$170,000, as determined by the Florida Housing Finance
732
Corporation, and which is not designated as an area of critical
733
state concern, shall adopt a plan for ensuring affordable
734
workforce housing. At a minimum, the plan shall identify adequate
735
sites for such housing. For purposes of this subparagraph, the
736
term "workforce housing" means housing that is affordable to
737
natural persons or families whose total household income does not
738
exceed 140 percent of the area median income, adjusted for
739
household size. Failure by a local government to comply with this
740
requirement to adopt a plan for ensuring affordable workforce
741
housing will result in the local government being ineligible to
742
receive any state housing assistance grants until this
743
requirement is met.
744
2. To assist local governments in housing data collection
745
and analysis and assure uniform and consistent information
746
regarding the state's housing needs, the state land planning
747
agency shall conduct an affordable housing needs assessment for
748
all local jurisdictions on a schedule that coordinates the
749
implementation of the needs assessment with the evaluation and
750
appraisal reports required by s. 163.3191. Each local government
751
shall utilize the data and analysis from the needs assessment as
752
one basis for the housing element of its local comprehensive
753
plan. The agency shall allow a local government the option to
754
perform its own needs assessment, if it uses the methodology
755
established by the agency by rule.
756
(j) For each unit of local government within an urbanized
757
area designated for purposes of s. 339.175, a transportation
758
element, which shall be prepared and adopted in lieu of the
759
requirements of paragraph (b) and paragraphs (7)(a), (b), (c),
760
and (d) and which shall address the following issues:
761
1. Traffic circulation, including major thoroughfares and
762
other routes, including bicycle and pedestrian ways.
763
2. All alternative modes of travel, such as public
764
transportation, pedestrian, and bicycle travel.
765
3. Parking facilities.
766
4. Aviation, rail, seaport facilities, access to those
767
facilities, and intermodal terminals.
768
5. The availability of facilities and services to serve
769
existing land uses and the compatibility between future land use
770
and transportation elements.
771
6. The capability to evacuate the coastal population before
772
prior to an impending natural disaster.
773
7. Airports, projected airport and aviation development,
774
and land use compatibility around airports.
775
8. An identification of land use densities, building
776
intensities, and transportation management programs to promote
777
public transportation systems in designated public transportation
778
corridors so as to encourage population densities sufficient to
779
support such systems.
780
9. May include transportation corridors, as defined in s.
781
334.03, intended for future transportation facilities designated
782
pursuant to s. 337.273. If transportation corridors are
783
designated, the local government may adopt a transportation
784
corridor management ordinance.
785
10. The incorporation of transportation strategies to
786
address reduction in greenhouse gas emissions from the
787
transportation sector.
788
Section 5. Subsection (3) of section 186.007, Florida
789
Statutes, is amended to read:
790
186.007 State comprehensive plan; preparation; revision.--
791
(3) In the state comprehensive plan, the Executive Office
792
of the Governor may include goals, objectives, and policies
793
related to the following program areas: economic opportunities;
794
agriculture; employment; public safety; education; energy; global
795
climate change; health concerns; social welfare concerns; housing
796
and community development; natural resources and environmental
797
management; recreational and cultural opportunities; historic
798
preservation; transportation; and governmental direction and
799
support services.
800
Section 6. Subsections (10), (11), and (15) of section
801
187.201, Florida Statutes, are amended to read:
802
187.201 State Comprehensive Plan adopted.--The Legislature
803
hereby adopts as the State Comprehensive Plan the following
804
specific goals and policies:
805
(10) AIR QUALITY.--
806
(a) Goal.--Florida shall comply with all national air
807
quality standards by 1987, and by 1992 meet standards which are
808
more stringent than 1985 state standards.
809
(b) Policies.--
810
1. Improve air quality and maintain the improved level to
811
safeguard human health and prevent damage to the natural
812
environment.
813
2. Ensure that developments and transportation systems are
814
consistent with the maintenance of optimum air quality.
815
3. Reduce sulfur dioxide and nitrogen oxide emissions and
816
mitigate their effects on the natural and human environment.
817
4. Encourage the use of alternative energy resources that
818
do not degrade air quality.
819
5. Ensure, at a minimum, that power plant fuel conversion
820
does not result in higher levels of air pollution.
821
6. Encourage the development of low-carbon-emitting
822
electric power plants.
823
(11) ENERGY.--
824
(a) Goal.--Florida shall reduce its energy requirements
825
through enhanced conservation and efficiency measures in all end-
826
use sectors, and shall reduce atmospheric carbon dioxide by while
827
at the same time promoting an increased use of renewable energy
828
resources and low-carbon-emitting electric power plants.
829
(b) Policies.--
830
1. Continue to reduce per capita energy consumption.
831
2. Encourage and provide incentives for consumer and
832
producer energy conservation and establish acceptable energy
833
performance standards for buildings and energy consuming items.
834
3. Improve the efficiency of traffic flow on existing
835
roads.
836
4. Ensure energy efficiency in transportation design and
837
planning and increase the availability of more efficient modes of
838
transportation.
839
5. Reduce the need for new power plants by encouraging end-
840
use efficiency, reducing peak demand, and using cost-effective
841
alternatives.
842
6. Increase the efficient use of energy in design and
843
operation of buildings, public utility systems, and other
844
infrastructure and related equipment.
845
7. Promote the development and application of solar energy
846
technologies and passive solar design techniques.
847
8. Provide information on energy conservation through
848
active media campaigns.
849
9. Promote the use and development of renewable energy
850
resources and low-carbon-emitting electric power plants.
851
10. Develop and maintain energy preparedness plans that
852
will be both practical and effective under circumstances of
853
disrupted energy supplies or unexpected price surges.
854
(15) LAND USE.--
855
(a) Goal.--In recognition of the importance of preserving
856
the natural resources and enhancing the quality of life of the
857
state, development shall be directed to those areas which have in
858
place, or have agreements to provide, the land and water
859
resources, fiscal abilities, and service capacity to accommodate
860
growth in an environmentally acceptable manner.
861
(b) Policies.--
862
1. Promote state programs, investments, and development and
863
redevelopment activities which encourage efficient development
864
and occur in areas which will have the capacity to service new
865
population and commerce.
866
2. Develop a system of incentives and disincentives which
867
encourages a separation of urban and rural land uses while
868
protecting water supplies, resource development, and fish and
869
wildlife habitats.
870
3. Enhance the livability and character of urban areas
871
through the encouragement of an attractive and functional mix of
872
living, working, shopping, and recreational activities.
873
4. Develop a system of intergovernmental negotiation for
874
siting locally unpopular public and private land uses which
875
considers the area of population served, the impact on land
876
development patterns or important natural resources, and the
877
cost-effectiveness of service delivery.
878
5. Encourage and assist local governments in establishing
879
comprehensive impact-review procedures to evaluate the effects of
880
significant development activities in their jurisdictions.
881
6. Consider, in land use planning and regulation, the
882
impact of land use on water quality and quantity; the
883
availability of land, water, and other natural resources to meet
884
demands; and the potential for flooding.
885
7. Provide educational programs and research to meet state,
886
regional, and local planning and growth-management needs.
887
8. Provide for the siting of low-carbon-emitting electric
888
power plants, including nuclear power plants, to meet the
889
state's determined need for electric power generation.
890
Section 7. Subsection (14) of section 196.012, Florida
891
Statutes, is amended to read:
892
196.012 Definitions.--For the purpose of this chapter, the
893
following terms are defined as follows, except where the context
894
clearly indicates otherwise:
895
(14) "Renewable energy source device" or "device" means any
896
of the following equipment which, when installed in connection
897
with a dwelling unit or other structure, collects, transmits,
898
stores, or uses solar energy, wind energy, or energy derived from
899
geothermal deposits:
900
(a) Solar energy collectors.
901
(b) Storage tanks and other storage systems, excluding
902
swimming pools used as storage tanks.
903
(c) Rockbeds.
904
(d) Thermostats and other control devices.
905
(e) Heat exchange devices.
906
(f) Pumps and fans.
907
(g) Roof ponds.
908
(h) Freestanding thermal containers.
909
(i) Pipes, ducts, refrigerant handling systems, and other
910
equipment used to interconnect such systems; however,
911
conventional backup systems of any type are not included in this
912
definition.
913
(j) Windmills.
914
(k) Wind-driven generators.
915
(l) Power conditioning and storage devices that use wind
916
energy to generate electricity or mechanical forms of energy.
917
(m) Pipes and other equipment used to transmit hot
918
geothermal water to a dwelling or structure from a geothermal
919
deposit.
920
921
"Renewable energy source device" or "device" also means any heat
922
pump with an energy efficiency ratio (EER) or a seasonal energy
923
efficiency ratio (SEER) exceeding 8.5 and a coefficient of
924
performance (COP), exceeding 2.8; waste heat recovery system; or
925
water heating system the primary heat source of which is a
926
dedicated heat pump or the otherwise unused capacity of a heat
927
pump heating, ventilating, and air-conditioning system, provided
928
such device is installed in a structure substantially complete
929
before January 1, 1985, and whether or not solar energy, wind
930
energy, or energy derived from geothermal deposits is collected,
931
transmitted, stored, or used by such device.
932
Section 8. Section 196.175, Florida Statutes, is amended to
933
read:
934
196.175 Renewable energy source exemption.--
935
(1) Improved real property upon which a renewable energy
936
source device is installed and operated shall be entitled to an
937
exemption not greater than the lesser of:
938
(a) The assessed value of such real property less any other
939
exemptions applicable under this chapter;
940
(b) The original cost of the device, including the
941
installation cost thereof, but excluding the cost of replacing
942
previously existing property removed or improved in the course of
943
such installation; or
944
(c) Eight percent of the assessed value of such property
945
immediately following installation.
946
(2) The exempt amount authorized under subsection (1) shall
947
apply in full if the device was installed and operative
948
throughout the 12-month period preceding January 1 of the year of
949
application for this exemption. If the device was operative for a
950
portion of that period, the exempt amount authorized under this
951
section shall be reduced proportionally.
952
(3) It shall be the responsibility of the applicant for an
953
exemption pursuant to this section to demonstrate affirmatively
954
to the satisfaction of the property appraiser that he or she
955
meets the requirements for exemption under this section and that
956
the original cost pursuant to paragraph (1)(b) and the period for
957
which the device was operative, as indicated on the exemption
958
application, are correct.
959
(4) No exemption authorized pursuant to this section shall
960
be granted for a period of more than 10 years. No exemption shall
961
be granted with respect to renewable energy source devices
962
installed before January 1, 2009 January 1, 1980, or after
963
December 31, 1990.
964
Section 9. Subsection (2) of section 206.43, Florida
965
Statutes, is amended to read:
966
206.43 Terminal supplier, importer, exporter, blender, and
967
wholesaler to report to department monthly; deduction.--The taxes
968
levied and assessed as provided in this part shall be paid to the
969
department monthly in the following manner:
970
(2)(a) Such report may show in detail the number of gallons
971
so sold and delivered by the terminal supplier, importer,
972
exporter, blender, or wholesaler in the state, and the
973
destination as to the county in the state to which the motor fuel
974
was delivered for resale at retail or use shall be specified in
975
the report. The total taxable gallons sold shall agree with the
976
total gallons reported to the county destinations for resale at
977
retail or use. All gallons of motor fuel sold shall be invoiced
978
and shall name the county of destination for resale at retail or
979
use.
980
(b) Each terminal supplier, importer, exporter, blender,
981
and wholesaler shall also include in the report to the department
982
the number of gallons of gasoline fuel meeting and not meeting
983
the requirements of s. 526.203.
984
Section 10. Paragraph (ccc) of subsection (7) of section
985
212.08, Florida Statutes, is amended to read:
986
212.08 Sales, rental, use, consumption, distribution, and
987
storage tax; specified exemptions.--The sale at retail, the
988
rental, the use, the consumption, the distribution, and the
989
storage to be used or consumed in this state of the following are
990
hereby specifically exempt from the tax imposed by this chapter.
991
(7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
992
entity by this chapter do not inure to any transaction that is
993
otherwise taxable under this chapter when payment is made by a
994
representative or employee of the entity by any means, including,
995
but not limited to, cash, check, or credit card, even when that
996
representative or employee is subsequently reimbursed by the
997
entity. In addition, exemptions provided to any entity by this
998
subsection do not inure to any transaction that is otherwise
999
taxable under this chapter unless the entity has obtained a sales
1000
tax exemption certificate from the department or the entity
1001
obtains or provides other documentation as required by the
1002
department. Eligible purchases or leases made with such a
1003
certificate must be in strict compliance with this subsection and
1004
departmental rules, and any person who makes an exempt purchase
1005
with a certificate that is not in strict compliance with this
1006
subsection and the rules is liable for and shall pay the tax. The
1007
department may adopt rules to administer this subsection.
1008
(ccc) Equipment, machinery, and other materials for
1009
renewable energy technologies.--
1010
1. As used in this paragraph, the term:
1011
a. "Biodiesel" means the mono-alkyl esters of long-chain
1012
fatty acids derived from plant or animal matter for use as a
1013
source of energy and meeting the specifications for biodiesel and
1014
biodiesel blends with petroleum products as adopted by the
1015
Department of Agriculture and Consumer Services. Biodiesel may
1016
refer to biodiesel blends designated BXX, where XX represents the
1017
volume percentage of biodiesel fuel in the blend.
1018
b. "Ethanol" means an nominally anhydrous denatured alcohol
1019
produced by the conversion of carbohydrates fermentation of plant
1020
sugars meeting the specifications for fuel ethanol and fuel
1021
ethanol blends with petroleum products as adopted by the
1022
Department of Agriculture and Consumer Services. Ethanol may
1023
refer to fuel ethanol blends designated EXX, where XX represents
1024
the volume percentage of fuel ethanol in the blend.
1025
c. "Hydrogen fuel cells" means equipment using hydrogen or
1026
a hydrogen-rich fuel in an electrochemical process to generate
1027
energy, electricity, or the transfer of heat.
1028
d. "Wind energy" or "wind turbines" means rotary mechanical
1029
equipment that uses wind to produce at least 10kW of electrical
1030
energy.
1031
2. The sale or use of the following in the state is exempt
1032
from the tax imposed by this chapter:
1033
a. Hydrogen-powered vehicles, materials incorporated into
1034
hydrogen-powered vehicles, and hydrogen-fueling stations, up to a
1035
limit of $2 million in tax each state fiscal year for all
1036
taxpayers.
1037
b. Commercial stationary hydrogen fuel cells, up to a limit
1038
of $1 million in tax each state fiscal year for all taxpayers.
1039
c. Materials used in the distribution of biodiesel (B10-
1040
B100) and ethanol (E10-E100), including fueling infrastructure,
1041
transportation, and storage, up to a limit of $1 million in tax
1042
each state fiscal year for all taxpayers. Gasoline fueling
1043
station pump retrofits for ethanol (E10-E100) distribution
1044
qualify for the exemption provided in this sub-subparagraph.
1045
3. The Florida Energy and Climate Commission Department of
1046
Environmental Protection shall provide to the department a list
1047
of items eligible for the exemption provided in this paragraph.
1048
4.a. The exemption provided in this paragraph shall be
1049
available to a purchaser only through a refund of previously paid
1050
taxes. Only the initial purchase of an eligible item from the
1051
manufacturer is subject to refund. A purchaser who has received a
1052
refund on an eligible item must notify any subsequent purchaser
1053
of the item that the item is no longer eligible for a refund of
1054
tax paid. This notification must be provided to the subsequent
1055
purchaser on the sales invoice or other proof of purchase.
1056
b. To be eligible to receive the exemption provided in this
1057
paragraph, a purchaser shall file an application with the
1058
commission Department of Environmental Protection. The
1059
application shall be developed by the commission Department of
1060
Environmental Protection, in consultation with the department,
1061
and shall require:
1062
(I) The name and address of the person claiming the refund.
1063
(II) A specific description of the purchase for which a
1064
refund is sought, including, when applicable, a serial number or
1065
other permanent identification number.
1066
(III) The sales invoice or other proof of purchase showing
1067
the amount of sales tax paid, the date of purchase, and the name
1068
and address of the sales tax dealer from whom the property was
1069
purchased.
1070
(IV) A sworn statement that the information provided is
1071
accurate and that the requirements of this paragraph have been
1072
met.
1073
c. Within 30 days after receipt of an application, the
1074
commission Department of Environmental Protection shall review
1075
the application and shall notify the applicant of any
1076
deficiencies. Upon receipt of a completed application, the
1077
commission Department of Environmental Protection shall evaluate
1078
the application for exemption and issue a written certification
1079
that the applicant is eligible for a refund or issue a written
1080
denial of such certification within 60 days after receipt of the
1081
application. The commission Department of Environmental
1082
Protection shall provide the department with a copy of each
1083
certification issued upon approval of an application.
1084
d. Each certified applicant shall be responsible for
1085
forwarding a certified copy of the application and copies of all
1086
required documentation to the department within 6 months after
1087
certification by the commission Department of Environmental
1088
Protection.
1089
e. The provisions of s. 212.095 do not apply to any refund
1090
application made pursuant to this paragraph. A refund approved
1091
pursuant to this paragraph shall be made within 30 days after
1092
formal approval by the department.
1093
f. The commission may adopt the form for the application
1094
for a certificate, requirements for the content and format of
1095
information submitted to the commission in support of the
1096
application, other procedural requirements, and criteria by which
1097
the application will be determined by rule. The department may
1099
administer this paragraph, including rules establishing
1100
additional forms and procedures for claiming this exemption.
1101
g. The commission Department of Environmental Protection
1102
shall be responsible for ensuring that the total amounts of the
1103
exemptions authorized do not exceed the limits as specified in
1104
subparagraph 2.
1105
5. The commission Department of Environmental Protection
1106
shall determine and publish on a regular basis the amount of
1107
sales tax funds remaining in each fiscal year.
1108
6. This paragraph expires July 1, 2010.
1109
Section 11. Subsection (1) of section 220.192, Florida
1110
Statutes, is amended, present subsection (6) of that section is
1111
renumbered as subsection (7) and amended, present subsection (7)
1112
of that section is renumbered as subsection (8), and a new
1113
subsection (6) is added to that section, to read:
1114
220.192 Renewable energy technologies investment tax
1115
credit.--
1116
(1) DEFINITIONS.--For purposes of this section, the term:
1117
(a) "Biodiesel" means biodiesel as defined in s.
1118
212.08(7)(ccc).
1119
(b) "Corporation" includes a general partnership, limited
1120
partnership, limited liability company, unincorporated business,
1121
or other business entity, including entities taxed as
1122
partnerships for federal income tax purposes.
1123
(c)(b) "Eligible costs" means:
1124
1. Seventy-five percent of all capital costs, operation and
1125
maintenance costs, and research and development costs incurred
1126
between July 1, 2006, and June 30, 2010, up to a limit of $3
1127
million per state fiscal year for all taxpayers, in connection
1128
with an investment in hydrogen-powered vehicles and hydrogen
1129
vehicle fueling stations in the state, including, but not limited
1130
to, the costs of constructing, installing, and equipping such
1131
technologies in the state.
1132
2. Seventy-five percent of all capital costs, operation and
1133
maintenance costs, and research and development costs incurred
1134
between July 1, 2006, and June 30, 2010, up to a limit of $1.5
1135
million per state fiscal year for all taxpayers, and limited to a
1136
maximum of $12,000 per fuel cell, in connection with an
1137
investment in commercial stationary hydrogen fuel cells in the
1138
state, including, but not limited to, the costs of constructing,
1139
installing, and equipping such technologies in the state.
1140
3. Seventy-five percent of all capital costs, operation and
1141
maintenance costs, and research and development costs incurred
1142
between July 1, 2006, and June 30, 2010, up to a limit of $6.5
1143
million per state fiscal year for all taxpayers, in connection
1144
with an investment in the production, storage, and distribution
1145
of biodiesel (B10-B100) and ethanol (E10-E100) in the state,
1146
including the costs of constructing, installing, and equipping
1147
such technologies in the state. Gasoline fueling station pump
1148
retrofits for ethanol (E10-E100) distribution qualify as an
1149
eligible cost under this subparagraph.
1150
(d)(c) "Ethanol" means ethanol as defined in s.
1151
212.08(7)(ccc).
1152
(e)(d) "Hydrogen fuel cell" means hydrogen fuel cell as
1153
defined in s. 212.08(7)(ccc).
1154
(f) "Wind energy" or "wind turbines" has the same meaning
1155
as in s. 212.08(7)(ccc).
1156
(g) "Taxpayer" includes corporations as defined in ss.
1158
(6) TRANSFERABILITY OF CREDIT.--
1159
(a) For tax years beginning on or after January 1, 2009,
1160
any corporation or subsequent transferee allowed a tax credit
1161
under this section may transfer the credit, in whole or in part,
1162
to any taxpayer by written agreement without transferring any
1163
ownership interest in the property generating the credit or any
1164
interest in the entity owning such property. The transferee is
1165
entitled to apply the credits against the tax with the same
1166
effect as if the transferee had incurred the eligible costs.
1167
(b) To perfect the transfer, the transferor shall provide
1168
the department with a written transfer statement notifying the
1169
department of the transferor's intent to transfer the tax credits
1170
to the transferee; the date the transfer is effective; the
1171
transferee's name, address, and federal taxpayer identification
1172
number; the tax period; and the amount of tax credits to be
1173
transferred. The department shall, upon receipt of a transfer
1174
statement conforming to the requirements of this paragraph,
1175
provide the transferee with a certificate reflecting the tax
1176
credit amounts transferred. A copy of the certificate must be
1177
attached to each tax return for which the transferee seeks to
1178
apply such tax credits.
1179
(c) A tax credit authorized under this section which is
1180
held by a corporation and not transferred under this subsection
1181
shall be passed through to the taxpayers designated as partners,
1182
members, or owners, respectively, in the manner agreed to by such
1183
persons whether or not such partners, members, or owners are
1184
allocated or allowed any portion of the federal energy tax credit
1185
for the eligible costs. A corporation that passes through the
1186
credit to a partner, member, or owner must comply with the
1187
notification requirements described in s. 220.192(6)(b). The
1188
partner, member, or owner must attach a copy of the certification
1189
to each tax return on which the partner, member, or owner claims
1190
any portion of the credit.
1191
(7)(6) RULES.--The Department of Revenue shall have the
1193
administer this section, including rules relating to:
1194
(a) The forms required to claim a tax credit under this
1195
section, the requirements and basis for establishing an
1196
entitlement to a credit, and the examination and audit procedures
1197
required to administer this section.
1198
(b) The implementation and administration of the provisions
1199
allowing a transfer of a tax credit, including rules prescribing
1200
forms, reporting requirements, and specific procedures,
1201
guidelines, and requirements necessary to transfer a tax credit.
1202
Section 12. Paragraphs (f) and (g) are added to subsection
1203
(2), and paragraphs (j) and (k) are added to subsection (3) of
1204
section 220.193, Florida Statutes, to read:
1205
220.193 Florida renewable energy production credit.--
1206
(2) As used in this section, the term:
1207
(f) "Sale" or "sold" includes the use of electricity by the
1208
producer of such electricity which decreases the amount of
1209
electricity that the producer would otherwise have to purchase.
1210
(g) "Taxpayer" includes a general partnership, limited
1211
partnership, limited liability company, trust, or other
1212
artificial entity in which a corporation, as defined in s.
1213
220.03(1)(e), owns an interest and is taxed as a partnership or
1214
is disregarded as a separate entity from the corporation under
1215
chapter 220.
1216
(3) An annual credit against the tax imposed by this
1217
section shall be allowed to a taxpayer, based on the taxpayer's
1218
production and sale of electricity from a new or expanded Florida
1219
renewable energy facility. For a new facility, the credit shall
1220
be based on the taxpayer's sale of the facility's entire
1221
electrical production. For an expanded facility, the credit shall
1222
be based on the increases in the facility's electrical production
1223
that are achieved after May 1, 2006.
1224
(j) When an entity treated as a partnership or a
1225
disregarded entity under this chapter produces and sells
1226
electricity from a new or expanded renewable energy facility, the
1227
credit earned by such entity shall pass through in the same
1228
manner as items of income and expense pass through for federal
1229
income tax purposes. When an entity applies for the credit and
1230
the entity has received the credit by a pass through, the
1231
application must identify the taxpayer that passed through the
1232
credit, all taxpayers that received the credit, the percentage of
1233
the credit, that passes through to each recipient, and provide
1234
other information that the department requires.
1235
(k) A taxpayer's use of the credit granted pursuant to this
1236
section does not reduce the amount of any credit available to
1237
such taxpayer under s. 220.186.
1238
Section 13. It is the intent of the Legislature that the
1239
amendments to s. 220.193, Florida Statutes; are remedial in
1240
nature and apply retroactively to the effective date of the law
1241
establishing the credit.
1242
Section 14. Subsection (2) of section 253.02, Florida
1243
Statutes, is amended to read:
1244
253.02 Board of trustees; powers and duties.--
1245
(2)(a) The board of trustees shall not sell, transfer, or
1246
otherwise dispose of any lands the title to which is vested in
1247
the board of trustees except by vote of at least three of the
1248
four trustees.
1249
(b) The authority of the board of trustees to grant
1250
easements for rights-of-way over, across, and upon uplands the
1251
title of which is vested in the board of trustees for the
1252
construction and operation of electric transmission and
1253
distribution facilities and related appurtenances is hereby
1254
confirmed. The board of trustees may delegate to the Secretary
1255
of Environmental Protection the authority to grant such easements
1256
on its behalf. All easements for rights-of-way over, across, and
1257
upon uplands the title of which is vested in the board of
1258
trustees for the construction and operation of electrical
1259
transmission and distribution facilities and related
1260
appurtenances shall meet the following criteria:
1261
1. Such easements shall not prevent the use of the state-
1262
owned uplands adjacent to the easement area for the purposes for
1263
which such lands were acquired, and shall not unreasonably
1264
diminish the ecological, conservation or recreational values of
1265
the state-owned uplands adjacent to the easement area.
1266
2. There is no practical or prudent alternative to locating
1267
the linear facility and related appurtenances on state-owned
1268
upland. For purposes of this provision, the test of practicality
1269
and prudence shall compare the social, economic and environmental
1270
effects of the alternatives.
1271
3. Appropriate steps are taken to minimize the impacts to
1272
state-owned uplands. Such steps may include:
1273
a. Siting of facilities so as to reduce impacts and
1274
minimize fragmentation of the overall state-owned parcel;
1275
b. Avoiding significant wildlife habitat, wetlands, or
1276
other valuable natural resources to the maximum extent
1277
practicable; or
1278
c. Avoiding interference with active land management
1279
practices, such as prescribed burning.
1280
4. Except for easements granted as a part of a land
1281
exchange initiated by a governmental entity to accomplish a
1282
recreational or conservation benefit, or other public purpose, in
1283
exchange for such easements, the grantee shall pay an amount
1284
equal to the market value of the interest acquired. In addition,
1285
for the initial grant of such easements only, the grantee shall
1286
provide additional compensation by vesting in the board of
1287
trustees fee simple title to other available uplands that are 1.5
1288
times the size of the easement acquired by the grantee. The
1289
grantor shall approve the property to be acquired on its behalf
1290
based on the geographic location in relation to the land proposed
1291
to be under easement and a determination that economic,
1292
ecological and recreational value is at least equivalent to the
1293
value of the lands under proposed easement. Priority for
1294
replacement uplands shall be given to parcels identified as in-
1295
holdings and additions to public lands and lands on a Florida
1296
Forever land acquisition list. However, if suitable replacement
1297
uplands cannot be identified, the grantee shall provide
1298
additional compensation for the initial grant of such easements
1299
only by paying to the department an amount equal to 2 times the
1300
current market value of the state-owned land or the highest and
1301
best use value at the time of purchase, whichever is greater.
1302
When determining the use of such funds, priority shall be given
1303
to parcels identified as in-holdings and additions to public
1304
lands and lands on a Florida Forever land acquisition list.
1305
Section 15. Subsection (14) is added to section 253.034,
1306
Florida Statutes, to read:
1307
253.034 State-owned lands; uses.--
1308
(14)(a) If a public utility, regional transmission
1309
organization, or natural gas company presents competent and
1310
substantial evidence that its use of nonsovereignty state-owned
1311
lands is reasonable based upon a consideration of economic and
1312
environmental factors, including an assessment of practicable
1313
alternative alignments and assurance that the lands will remain
1314
in their predominantly natural condition, the public utility,
1315
regional transmission organization, or natural gas company may be
1316
granted fee simple title, easements, or other interests in
1317
nonsovereignty state-owned lands title to which is vested in the
1318
board of trustees, a water management district, or any other
1319
agency in the state for:
1320
1. Electric transmission and distribution lines;
1321
2. Natural gas pipelines; or
1322
3. Other linear facilities for which the Public Service
1323
Commission has determined a need exists or the Federal Energy
1324
Regulatory Commission has issued a Certificate of Public
1325
Convenience and Necessity.
1326
(b) In exchange for less than a fee simple interest
1327
acquired pursuant to this subsection, the grantee shall pay an
1328
amount equal to the fair market value of the interest acquired.
1329
In addition, for the initial grant of such interests only, the
1330
grantee shall also vest in the grantor a fee simple interest to
1331
other available land that is 1.5 times the size of the land
1332
acquired by the grantee. The grantor shall approve the property
1333
to be acquired on its behalf based on the geographic location in
1334
relation to the land relinquished by the grantor agency and a
1335
determination that the economic, ecological, and recreational
1336
value is at least equivalent to that of the property transferred
1337
to the public utility, regional transmission organization, or
1338
natural gas company.
1339
(c) In exchange for a fee simple interest acquired pursuant
1340
to this subsection, the grantee shall pay an amount equal to the
1341
fair market value of the interest acquired. In addition, for the
1342
initial grant of such interests only, the grantee shall also vest
1343
in the grantor a fee simple title to other available land that is
1344
two times the size of the land acquired by the grantee. The
1345
grantor shall approve the land to be acquired on its behalf based
1346
on the geographic location in relation to the land relinquished
1347
by the grantor agency and a determination that the economic and
1348
ecological or recreational value is at least equivalent to that
1349
of the property transferred to the public utility, regional
1350
transmission organization, or natural gas company.
1351
(d) As an alternative to the consideration provided for in
1352
paragraphs (b) and (c), the grantee may, subject to the grantor's
1353
approval, pay the fair market value of the state-owned land plus
1354
one-half of the cost differential between the cost of
1355
constructing the facility on state-owned land and the cost of
1356
avoiding state-owned lands, up to a maximum of twice the fair
1357
market value of the land acquired by the grantee. The grantor may
1358
use these moneys to acquire fee simple or less than fee simple
1359
interest in other available land.
1360
Section 16. Paragraph (d) of subsection (3) of section
1361
255.249, Florida Statutes, is amended to read:
1362
255.249 Department of Management Services; responsibility;
1363
department rules.--
1364
(3)
1365
(d) By June 30 of each year, each state agency shall
1366
annually provide to the department all information regarding
1367
agency programs affecting the need for or use of space by that
1368
agency, reviews of lease-expiration schedules for each geographic
1369
area, active and planned full-time equivalent data, business case
1370
analyses related to consolidation plans by an agency,
1371
telecommuting plans, and current occupancy and relocation costs,
1372
inclusive of furnishings, fixtures and equipment, data, and
1373
communications.
1374
Section 17. Section 255.251, Florida Statutes, is amended
1375
to read:
1376
255.251 Energy Conservation and Sustainable in Buildings
1377
Act; short title.--Sections 255.251-255.258 may This act shall be
1378
cited as the "Florida Energy Conservation and Sustainable in
1379
Buildings Act of 1974."
1380
Section 18. Section 255.252, Florida Statutes, is amended
1381
to read:
1382
255.252 Findings and intent.--
1383
(1) Operating and maintenance expenditures associated with
1384
energy equipment and with energy consumed in state-financed and
1385
leased buildings represent a significant cost over the life of a
1386
building. Energy conserved by appropriate building design not
1387
only reduces the demand for energy but also reduces costs for
1388
building operation. For example, commercial buildings are
1389
estimated to use from 20 to 80 percent more energy than would be
1390
required if energy-conserving designs were used. The size,
1391
design, orientation, and operability of windows, the ratio of
1392
ventilating air to air heated or cooled, the level of lighting
1393
consonant with space-use requirements, the handling of occupancy
1394
loads, and the ability to zone off areas not requiring equivalent
1395
levels of heating or cooling are but a few of the considerations
1396
necessary to conserving energy.
1397
(2) Significant efforts are needed to build energy-
1398
efficient state-owned buildings that meet environmental standards
1399
and underway by the General Services Administration, the National
1400
Institute of Standards and Technology, and others to detail the
1401
considerations and practices for energy conservation in
1402
buildings. Most important is that energy-efficient designs
1403
provide energy savings over the life of the building structure.
1404
Conversely, energy-inefficient designs cause excess and wasteful
1405
energy use and high costs over that life. With buildings lasting
1406
many decades and with energy costs escalating rapidly, it is
1407
essential that the costs of operation and maintenance for energy-
1408
using equipment and sustainable materials be included in all
1409
design proposals for state-owned state buildings.
1410
(3) In order that such energy-efficiency and sustainable
1411
material considerations become a function of building design, and
1412
also a model for future application in the private sector, it
1413
shall be the policy of the state that buildings constructed and
1414
financed by the state be designed and constructed to meet the
1415
United States Green Building Council (USGBC) Leadership in Energy
1416
and Environmental Design (LEED) rating system, the Green Building
1417
Initiative's Green Globes rating system, or the Florida Green
1418
Building Coalition standards, or a nationally recognized high-
1419
performance green building rating system as approved by the
1420
department in a manner which will minimize the consumption of
1421
energy used in the operation and maintenance of such buildings.
1422
It is further the policy of the state, when economically
1423
feasible, to retrofit existing state-owned buildings in a manner
1424
that which will minimize the consumption of energy used in the
1425
operation and maintenance of such buildings.
1426
(4) In addition to designing and constructing new buildings
1427
to be energy-efficient, it shall be the policy of the state to
1428
operate and, maintain, and renovate existing state facilities, or
1429
provide for their renovation, in a manner that which will
1430
minimize energy consumption and maximize building sustainability
1431
as well as ensure that facilities leased by the state are
1432
operated so as to minimize energy use. It is further the policy
1433
of this state that the renovation of existing state facilities be
1434
in accordance with the United States Green Building Council's
1435
Leadership in Energy and Environmental Design (LEED) rating
1436
system, the Green Building Initiative's Green Globes rating
1437
system, the Florida Green Building Coalition standards, or a
1438
nationally recognized high-performance green building rating
1439
system as approved by the department. State agencies are
1440
encouraged to consider shared savings financing of such energy
1441
efficiency and conservation projects, using contracts which split
1442
the resulting savings for a specified period of time between the
1443
state agency and the private firm or cogeneration contracts that
1444
which otherwise permit the state to lower its net energy costs.
1445
Such energy contracts may be funded from the operating budget.
1446
(5) Each state agency occupying space within buildings
1447
owned or managed by the Department of Management Services must
1448
identify and compile a list of projects determined to be suitable
1449
for a guaranteed energy, water, and wastewater performance
1450
savings contract pursuant to s. 489.145. The list of projects
1451
compiled by each state agency shall be submitted to the
1452
Department of Management Services by December 31, 2008, and must
1453
include all criteria used to determine suitability. The list of
1454
projects shall be developed from the list of state-owned
1455
facilities greater than 5,000 square feet in area and for which
1456
the state agency is responsible for paying the expenses of
1457
utilities and other operating expenses as they relate to energy
1458
use. In consultation with each state agency executive officer, by
1459
July 1, 2009, the department shall prioritize all projects deemed
1460
suitable by each state agency and shall develop an energy-
1461
efficiency project schedule based on factors such as project
1462
magnitude, efficiency and effectiveness of energy conservation
1463
measures to be implemented, and other factors that may prove to
1464
be advantageous to pursue. The schedule shall provide the
1465
deadline for guaranteed energy, water, and wastewater performance
1466
savings contract improvements to be made to the state-owned
1467
buildings.
1468
Section 19. Section 255.253, Florida Statutes, is amended
1469
to read:
1471
(1) "Department" means the Department of Management
1472
Services.
1473
(2) "Facility" means a building or other structure.
1474
(3) "Energy performance index or indices" (EPI) means a
1475
number describing the energy requirements at the building
1476
boundary of a facility, per square foot of floor space or per
1477
cubic foot of occupied volume, as appropriate under defined
1478
internal and external ambient conditions over an entire seasonal
1479
cycle. As experience develops on the energy performance achieved
1480
with state building, the indices (EPI) will serve as a measure of
1481
building performance with respect to energy consumption.
1482
(4) "Life-cycle costs" means the cost of owning, operating,
1483
and maintaining the facility over the life of the structure. This
1484
may be expressed as an annual cost for each year of the
1485
facility's use.
1486
(5) "Shared savings financing" means the financing of
1487
energy conservation measures and maintenance services through a
1488
private firm which may own any purchased equipment for the
1489
duration of a contract, which may shall not exceed 10 years
1490
unless so authorized by the department. The Such contract shall
1491
specify that the private firm will be recompensed either out of a
1492
negotiated portion of the savings resulting from the conservation
1493
measures and maintenance services provided by the private firm
1494
or, in the case of a cogeneration project, through the payment of
1495
a rate for energy lower than would otherwise have been paid for
1496
the same energy from current sources.
1497
(6) "Sustainable building" means a building that is healthy
1498
and comfortable for its occupants and is economical to operate
1499
while conserving resources, including energy, water, raw
1500
materials, and land, and minimizing the generation and use of
1501
toxic materials and waste in its design, construction,
1502
landscaping, and operation.
1503
(7) "Sustainable building rating" means a rating
1504
established by the United States Green Building Council (USGBC)
1505
Leadership in Energy and Environmental Design (LEED) rating
1506
system, the Green Building Initiative's Green Globes rating
1507
system, or the Florida Green Building Coalition standards.
1508
Section 20. Subsection (1) of section 255.254, Florida
1509
Statutes, is amended to read:
1510
255.254 No facility constructed or leased without life-
1511
cycle costs.--
1512
(1) A No state agency may not shall lease, construct, or
1513
have constructed, within limits prescribed herein, a facility
1514
without having secured from the department an a proper evaluation
1515
of life-cycle costs based on sustainable building ratings, as
1516
computed by an architect or engineer. Furthermore, construction
1517
shall proceed only upon disclosing to the department, for the
1518
facility chosen, the life-cycle costs as determined in s.
1519
255.255, its sustainable building rating goal, and the
1520
capitalization of the initial construction costs of the building.
1521
The life-cycle costs and the sustainable building rating goal
1522
shall be a primary considerations consideration in the selection
1523
of a building design. Such analysis shall be required only for
1524
construction of buildings with an area of 5,000 square feet or
1525
greater. For leased buildings 5,000 square feet areas of 20,000
1526
square feet or greater within a given building boundary, an
1527
energy performance a life-cycle analysis consisting of a
1528
projection of the annual energy consumption costs in dollars per
1529
square foot of major energy-consuming equipment and systems based
1530
on actual expenses, from the last 3 years, and projected forward
1531
for the term of the proposed lease shall be performed. The, and a
1532
lease shall only be made only where there is a showing that the
1533
energy life-cycle costs incurred by the state are minimal
1534
compared to available like facilities. Any building leased by the
1535
state from a private-sector entity shall include, as a part of
1536
the lease, provisions for monthly energy-use data to be collected
1537
and submitted monthly to the department by the owner of the
1538
building.
1539
Section 21. Subsection (1) of section 255.255, Florida
1540
Statutes, is amended to read:
1541
255.255 Life-cycle costs.--
1542
(1) The department shall adopt promulgate rules and
1543
procedures, including energy conservation performance guidelines,
1544
based on sustainable building ratings, for conducting a life-
1545
cycle cost analysis of alternative architectural and engineering
1546
designs and alternative major items of energy-consuming equipment
1547
to be retrofitted in existing state-owned or leased facilities
1548
and for developing energy performance indices to evaluate the
1549
efficiency of energy utilization for competing designs in the
1550
construction of state-financed and leased facilities.
1551
Section 22. Section 255.257, Florida Statutes, is amended
1552
to read:
1553
255.257 Energy management; buildings occupied by state
1554
agencies.--
1555
(1) ENERGY CONSUMPTION AND COST DATA.--Each state agency
1556
shall collect data on energy consumption and cost. The data
1557
gathered shall be on state-owned facilities and metered state-
1558
leased facilities of 5,000 net square feet or more. These data
1559
will be used in the computation of the effectiveness of the state
1560
energy management plan and the effectiveness of the energy
1561
management program of each of the state agencies. Collected data
1562
shall be reported annually to the department in a format
1563
prescribed by the department.
1564
(2) ENERGY MANAGEMENT COORDINATORS.--Each state agency, the
1565
Florida Public Service Commission, the Department of Military
1566
Affairs, and the judicial branch shall appoint a coordinator
1567
whose responsibility shall be to advise the head of the state
1568
agency on matters relating to energy consumption in facilities
1569
under the control of that head or in space occupied by the
1570
various units comprising that state agency, in vehicles operated
1571
by that state agency, and in other energy-consuming activities of
1572
the state agency. The coordinator shall implement the energy
1573
management program agreed upon by the state agency concerned and
1574
assist the department in the development of the State Energy
1575
Management Plan.
1576
(3) CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1577
Department of Management Services shall may develop a state
1578
energy management plan consisting of, but not limited to, the
1579
following elements:
1580
(a) Data-gathering requirements;
1581
(b) Building energy audit procedures;
1582
(c) Uniform data analysis procedures;
1583
(d) Employee energy education program measures;
1584
(e) Energy consumption reduction techniques;
1585
(f) Training program for state agency energy management
1586
coordinators; and
1587
(g) Guidelines for building managers.
1588
1589
The plan shall include a description of actions to be taken by
1590
all state agencies to reduce consumption of electricity and
1591
nonrenewable energy sources used for space heating and cooling,
1592
ventilation, lighting, water heating, and transportation.
1593
(4) All state agencies shall adopt the United States Green
1594
Building Council's Leadership in Energy and Environmental Design
1595
(LEED) rating system, the Green Building Initiative's Green
1596
Globes rating system, or the Florida Green Building Coalition
1597
standards.
1598
(5) A state agency may not enter into new leasing
1599
agreements for office space that does not meet Energy Star
1600
building standards unless the appropriate state government entity
1601
executive determines that no other viable or cost-effective
1602
alternative exists.
1603
(6) All state agencies shall develop energy-conservation
1604
measures and guidelines for new and existing office space where
1605
state agencies occupy more than 5,000 square feet. These
1606
conservation measures shall focus on programs that may reduce
1607
energy consumption and, when established, will provide a net
1608
reduction in occupancy costs.
1609
Section 23. Section 286.275, Florida Statutes, is created
1610
to read:
1611
286.275 Climate friendly public business.--The Legislature
1612
recognizes the importance of leadership by state government in
1613
the area of energy efficiency and in reducing the greenhouse gas
1614
emissions of state government operations. The following shall
1615
pertain to all state government entities, as defined in this
1616
section, when conducting public business:
1617
(1) The Department of Management Services shall develop the
1618
Florida Climate Friendly Preferred Products List. In maintaining
1619
that list, the department, in consultation with the Department of
1620
Environmental Protection, shall continually assess products that
1621
are currently available for purchase under state term contracts
1622
and identify specific products and vendors that provide clear
1623
energy efficiency or other environmental benefits over competing
1624
products. When procuring products from state term contracts,
1625
state agencies shall first consult the Florida Climate Friendly
1626
Preferred Products List and procure such products if the price is
1627
comparable.
1628
(2) Effective July 1, 2008, state agencies shall contract
1629
for meeting and conference space only with hotels or conference
1630
facilities that have received the "Green Lodging" designation
1631
from the Department of Environmental Protection for best
1632
practices in water, energy, and waste-efficiency standards,
1633
unless the responsible state agency's chief executive officer
1634
makes a determination that no other viable alternative exists.
1635
The Department of Environmental Protection is authorized to adopt
1636
rules to implement the "Green Lodging" program.
1637
(3) The Department of Environmental Protection may
1638
establish voluntary technical assistance programs in accordance
1639
with s. 403.074. Such programs may include the Clean Marinas,
1640
Clean Boatyards, Clean Retailers, Clean Boaters, and Green Yards
1641
Programs. The programs may include certifications, designations,
1642
or other forms of recognition. The department may implement some
1643
or all of these programs through rulemaking; however, the rules
1644
may not impose requirements on a person who does not wish to
1645
participate in a program. Each state agency shall patronize
1646
businesses that have received such certifications or designations
1647
to the greatest extent practicable.
1648
(4) Each state agency shall ensure that all maintained
1649
vehicles meet minimum maintenance schedules shown to reduce fuel
1650
consumption, which include ensuring appropriate tire pressures
1651
and tread depth, replacing fuel filters and emission filters at
1652
recommended intervals, using proper motor oils, and performing
1653
timely motor maintenance. Each state agency shall measure and
1654
report compliance to the Department of Management Services
1655
through the Equipment Management Information System database.
1656
(5) When procuring a vehicle, state agencies shall first
1657
define the intended purpose of the vehicle and determine for
1658
which of the following use classes the vehicle is being procured:
1659
(a) State business travel, designated operator;
1660
(b) State business travel, pool operators;
1661
(c) Construction, agricultural or maintenance work;
1662
(d) Conveyance of passengers;
1663
(e) Conveyance of building or maintenance materials and
1664
supplies;
1665
(f) Off-road vehicles, motorcycles, and all-terrain
1666
vehicles;
1667
(g) Emergency response; or
1668
(h) Other.
1669
1670
Vehicles in paragraphs (a) through (h), when being processed for
1671
purchase or leasing agreements, must be selected for the greatest
1672
fuel efficiency available for a given use class when fuel-economy
1673
data are available. Exceptions may be made for certain individual
1674
vehicles in subparagraph 7., when accompanied, during the
1675
procurement process, by documentation indicating that the
1676
operator or operators will exclusively be emergency first
1677
responders or have special documented need for exceptional
1678
vehicle performance characteristics. Any request for an exception
1679
must be approved by the purchasing agency's chief executive
1680
officer and any exceptional performance characteristics denoted
1681
as a part of the procurement process prior to purchase.
1682
(6) All state agencies shall use ethanol and biodiesel-
1683
blended fuels, when available. State agencies administering
1684
central fueling operations for state-owned vehicles shall procure
1685
biofuels for fleet needs to the greatest extent practicable.
1686
Section 24. Paragraph (b) of subsection (2) and subsection
1687
(5) of section 287.063, Florida Statutes, are amended to read:
1688
287.063 Deferred-payment commodity contracts; preaudit
1689
review.--
1690
(2)
1691
(b) The Chief Financial Officer shall establish, by rule,
1692
criteria for approving purchases made under deferred-payment
1693
contracts which require the payment of interest. Criteria shall
1694
include, but not be limited to, the following provisions:
1695
1. No contract shall be approved in which interest exceeds
1696
the statutory ceiling contained in this section. However, the
1697
interest component of any master equipment financing agreement
1698
entered into for the purpose of consolidated financing of a
1699
deferred-payment, installment sale, or lease-purchase shall be
1700
deemed to comply with the interest rate limitation of this
1701
section so long as the interest component of every interagency
1702
agreement under such master equipment financing agreement
1703
complies with the interest rate limitation of this section.
1704
2. No deferred-payment purchase for less than $30,000 shall
1705
be approved, unless it can be satisfactorily demonstrated and
1706
documented to the Chief Financial Officer that failure to make
1707
such deferred-payment purchase would adversely affect an agency
1708
in the performance of its duties. However, the Chief Financial
1709
Officer may approve any deferred-payment purchase if the Chief
1710
Financial Officer determines that such purchase is economically
1711
beneficial to the state.
1712
3. No agency shall obligate an annualized amount of
1713
payments for deferred-payment purchases in excess of current
1714
operating capital outlay appropriations, unless specifically
1715
authorized by law or unless it can be satisfactorily demonstrated
1716
and documented to the Chief Financial Officer that failure to
1717
make such deferred-payment purchase would adversely affect an
1718
agency in the performance of its duties.
1719
3.4. No contract shall be approved which extends payment
1720
beyond 5 years, unless it can be satisfactorily demonstrated and
1721
documented to the Chief Financial Officer that failure to make
1722
such deferred-payment purchase would adversely affect an agency
1723
in the performance of its duties. The payment term may not exceed
1724
the useful life of the equipment unless the contract provides for
1725
the replacement or the extension of the useful life of the
1726
equipment during the term of the loan.
1727
(5) For purposes of this section, the annualized amount of
1728
any such deferred payment commodity contract must be supported
1729
from available recurring funds appropriated to the agency in an
1730
appropriation category, other than the expense appropriation
1731
category as defined in chapter 216, which that the Chief
1732
Financial Officer has determined is appropriate or that the
1733
Legislature has designated for payment of the obligation incurred
1734
under this section.
1735
Section 25. Subsections (10) and (11) of section 287.064,
1736
Florida Statutes, are amended to read:
1737
287.064 Consolidated financing of deferred-payment
1738
purchases.--
1739
(10)(a) A master equipment financing agreement may finance
1740
the cost of energy, water, or wastewater efficiency and
1741
conservation measures, as defined in s. 489.145, excluding the
1742
costs of training, operation, and maintenance, for a term of
1743
repayment that may exceed 5 years but not more than 20 years.
1744
(b) The guaranteed energy, water, and wastewater savings
1745
contractor shall provide for the replacement or the extension of
1746
the useful life of the equipment during the term of the contract.
1747
Costs incurred pursuant to a guaranteed energy performance
1748
savings contract, including the cost of energy conservation
1749
measures, each as defined in s. 489.145, may be financed pursuant
1750
to a master equipment financing agreement; however, the costs of
1751
training, operation, and maintenance may not be financed. The
1752
period of time for repayment of the funds drawn pursuant to the
1753
master equipment financing agreement under this subsection may
1754
exceed 5 years but may not exceed 10 years.
1755
(11) For purposes of consolidated financing of deferred
1756
payment commodity contracts under this section by a state agency,
1757
the annualized amount of any such contract must be supported from
1758
available recurring funds appropriated to the agency in an
1759
appropriation category, other than the expense appropriation
1760
category as defined in chapter 216, which that the Chief
1761
Financial Officer has determined is appropriate or which that the
1762
Legislature has designated for payment of the obligation incurred
1763
under this section.
1764
Section 26. Subsection (12) is added to section 287.16,
1765
Florida Statutes, to read:
1766
287.16 Powers and duties of department.--The Department of
1767
Management Services shall have the following powers, duties, and
1768
responsibilities:
1769
(12) To conduct, in coordination with the Department of
1770
Transportation, an analysis of ethanol and biodiesel use by the
1771
Department of Transportation through its central fueling
1772
facilities. The Department of Management Services shall encourage
1773
other state government entities to analyze transportation fuel
1774
usage, including the different types and percentages of fuels
1775
consumed, and report such information to the department.
1776
Section 27. Present paragraphs (a) through (n) of
1777
subsection (2) of section 288.1089, Florida Statutes, are
1778
redesignated as paragraphs (b) through (o), respectively, and a
1779
new paragraph (a) is added to that subsection, subsection (3) of
1780
that section is amended, and paragraph (d) is added to subsection
1781
(4) of that section, to read:
1782
288.1089 Innovation Incentive Program.--
1783
(2) As used in this section, the term:
1784
(a) "Alternative and renewable energy" means electrical,
1785
mechanical, or thermal energy produced from a method that uses
1786
one or more of the following fuels or energy sources: ethanol,
1787
cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1788
hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1789
or geothermal.
1790
(3) To be eligible for consideration for an innovation
1791
incentive award, an innovation business, or research and
1792
development entity, or alternative and renewable energy project
1793
must submit a written application to Enterprise Florida, Inc.,
1794
before making a decision to locate new operations in this state
1795
or expand an existing operation in this state. The application
1796
must include, but not be limited to:
1797
(a) The applicant's federal employer identification number,
1798
unemployment account number, and state sales tax registration
1799
number. If such numbers are not available at the time of
1800
application, they must be submitted to the office in writing
1801
prior to the disbursement of any payments under this section.
1802
(b) The location in this state at which the project is
1803
located or is to be located.
1804
(c) A description of the type of business activity,
1805
product, or research and development undertaken by the applicant,
1806
including six-digit North American Industry Classification System
1807
codes for all activities included in the project.
1808
(d) The applicant's projected investment in the project.
1809
(e) The total investment, from all sources, in the project.
1810
(f) The number of net new full-time equivalent jobs in this
1811
state the applicant anticipates having created as of December 31
1812
of each year in the project and the average annual wage of such
1813
jobs.
1814
(g) The total number of full-time equivalent employees
1815
currently employed by the applicant in this state, if applicable.
1816
(h) The anticipated commencement date of the project.
1817
(i) A detailed explanation of why the innovation incentive
1818
is needed to induce the applicant to expand or locate in the
1819
state and whether an award would cause the applicant to locate or
1820
expand in this state.
1821
(j) If applicable, an estimate of the proportion of the
1822
revenues resulting from the project that will be generated
1823
outside this state.
1824
(4) To qualify for review by the office, the applicant
1825
must, at a minimum, establish the following to the satisfaction
1826
of Enterprise Florida, Inc., and the office:
1827
(d) For an alternative and renewable energy project in this
1828
state, the project must:
1829
1. Demonstrate a plan for significant collaboration with an
1830
institution of higher education;
1831
2. Provide the state, at a minimum, a break-even return on
1832
investment within a 20-year period;
1833
3. Include matching funds provided by the applicant or
1834
other available sources. This requirement may be waived if the
1835
office and the department determine that the merits of the
1836
individual project or the specific circumstances warrant such
1837
action;
1838
4. Be located in this state;
1839
5. Provide jobs that pay an estimated annual average wage
1840
that equals at least 130 percent of the average private-sector
1841
wage. The average wage requirement may be waived if the office
1842
and the commission determine that the merits of the individual
1843
project or the specific circumstances warrant such action; and
1844
6. Meet one of the following criteria:
1845
a. Result in the creation of at least 35 direct, new jobs
1846
at the business.
1847
b. Have an activity or product that uses feedstock or other
1848
raw materials grown or produced in this state.
1849
c. Have a cumulative investment of at least $50 million
1850
within a 5-year period.
1851
d. Address the technical feasibility of the technology, and
1852
the extent to which the proposed project has been demonstrated to
1853
be technically feasible based on pilot project demonstrations,
1854
laboratory testing, scientific modeling, or engineering or
1855
chemical theory that supports the proposal.
1856
e. Include innovative technology and the degree to which
1857
the project or business incorporates an innovative new technology
1858
or an innovative application of an existing technology.
1859
f. Include production potential and the degree to which a
1860
project or business generates thermal, mechanical, or electrical
1861
energy by means of a renewable energy resource that has
1862
substantial long-term production potential. The project must, to
1863
the extent possible, quantify annual production potential in
1864
megawatts or kilowatts.
1865
g. Include and address energy efficiency and the degree to
1866
which a project demonstrates efficient use of energy, water, and
1867
material resources.
1868
h. Include project management and the ability of management
1869
to administer a complete the business project.
1870
Section 28. Subsection (1) of section 337.401, Florida
1871
Statutes, is amended to read:
1872
337.401 Use of right-of-way for utilities subject to
1873
regulation; permit; fees.--
1874
(1) The department and local governmental entities,
1876
jurisdiction and control of public roads or publicly owned rail
1877
corridors are authorized to prescribe and enforce reasonable
1878
rules or regulations with reference to the placing and
1879
maintaining along, across, or on any road or publicly owned rail
1880
corridors under their respective jurisdictions any electric
1881
transmission, telephone, telegraph, or other communications
1882
services lines; pole lines; poles; railways; ditches; sewers;
1883
water, heat, or gas mains; pipelines; fences; gasoline tanks and
1884
pumps; or other structures hereinafter referred to in this
1885
section as the "utility." For aerial and underground electric
1886
utility transmission lines designed to operate at 69 kV or more
1887
which are needed to accommodate the additional electrical
1888
transfer capacity on the transmission grid resulting from new
1889
base-load generating facilities, where there is no other
1890
practicable alternative available for placement of the electric
1891
utility transmission lines on the department's rights-of-way, the
1892
department's rules shall provide for placement of and access to
1893
such transmission lines adjacent to and within the right-of-way
1894
of any department-controlled public roads, including
1895
longitudinally within limited access facilities to the greatest
1896
extent allowed by federal law, if compliance with the standards
1897
established by such rules is achieved. Such rules may include,
1898
but need not be limited to, that the use of the right-of-way is
1899
reasonable based upon a consideration of economic and
1900
environmental factors, including, without limitation, other
1901
practicable alternative alignments, utility corridors and
1902
easements, minimum clear zones and other safety standards, and
1903
further provide that placement of the electric utility
1904
transmission lines within the department's right-of-way does not
1905
interfere with operational requirements of the transportation
1906
facility or planned or potential future expansion of such
1907
transportation facility. If the department approves longitudinal
1908
placement of electric utility transmission lines in limited
1909
access facilities, compensation for the use of the right-of-way
1910
is required. Such consideration or compensation paid by the
1911
electric utility in connection with the department's issuance of
1912
a permit does not create any property right in the department's
1913
property regardless of the amount of consideration paid or the
1914
improvements constructed on the property by the utility. Upon
1915
notice by the department that the property is needed for
1916
expansion or improvement of the transportation facility, the
1917
electric utility transmission line will relocate from the
1918
facility at the electric utility's sole expense. The electric
1919
utility shall pay to the department reasonable damages resulting
1920
from the utility's failure or refusal to timely relocate its
1921
transmission lines. The rules to be adopted by the department
1922
may also address the compensation methodology and relocation. As
1923
used in this subsection, the term "base load generating
1924
facilities" means electrical power plants that are certified
1925
under part II of chapter 403. The department may enter into a
1926
permit-delegation agreement with a governmental entity if
1927
issuance of a permit is based on requirements that the department
1928
finds will ensure the safety and integrity of facilities of the
1929
Department of Transportation; however, the permit-delegation
1930
agreement does not apply to facilities of electric utilities as
1931
defined in s. 366.02(2).
1932
Section 29. Subsections (1) and (7) of section 339.175,
1933
Florida Statutes, are amended to read:
1934
339.175 Metropolitan planning organization.--
1935
(1) PURPOSE.--It is the intent of the Legislature to
1936
encourage and promote the safe and efficient management,
1937
operation, and development of surface transportation systems that
1938
will serve the mobility needs of people and freight and foster
1939
economic growth and development within and through urbanized
1940
areas of this state while minimizing transportation-related fuel
1941
consumption, and air pollution, and greenhouse gas emissions
1942
through metropolitan transportation planning processes identified
1943
in this section. To accomplish these objectives, metropolitan
1944
planning organizations, referred to in this section as M.P.O.'s,
1945
shall develop, in cooperation with the state and public transit
1946
operators, transportation plans and programs for metropolitan
1947
areas. The plans and programs for each metropolitan area must
1948
provide for the development and integrated management and
1949
operation of transportation systems and facilities, including
1950
pedestrian walkways and bicycle transportation facilities that
1951
will function as an intermodal transportation system for the
1952
metropolitan area, based upon the prevailing principles provided
1953
in s. 334.046(1). The process for developing such plans and
1954
programs shall provide for consideration of all modes of
1955
transportation and shall be continuing, cooperative, and
1956
comprehensive, to the degree appropriate, based on the complexity
1957
of the transportation problems to be addressed. To ensure that
1958
the process is integrated with the statewide planning process,
1959
M.P.O.'s shall develop plans and programs that identify
1960
transportation facilities that should function as an integrated
1961
metropolitan transportation system, giving emphasis to facilities
1962
that serve important national, state, and regional transportation
1963
functions. For the purposes of this section, those facilities
1964
include the facilities on the Strategic Intermodal System
1965
designated under s. 339.63 and facilities for which projects have
1966
been identified pursuant to s. 339.2819(4).
1967
(7) LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1968
develop a long-range transportation plan that addresses at least
1969
a 20-year planning horizon. The plan must include both long-range
1970
and short-range strategies and must comply with all other state
1971
and federal requirements. The prevailing principles to be
1972
considered in the long-range transportation plan are: preserving
1973
the existing transportation infrastructure; enhancing Florida's
1974
economic competitiveness; and improving travel choices to ensure
1975
mobility. The long-range transportation plan must be consistent,
1976
to the maximum extent feasible, with future land use elements and
1977
the goals, objectives, and policies of the approved local
1978
government comprehensive plans of the units of local government
1979
located within the jurisdiction of the M.P.O. Each M.P.O. is
1980
encouraged to consider strategies that integrate transportation
1981
and land use planning to provide for sustainable development and
1982
reduce greenhouse gas emissions. The approved long-range
1983
transportation plan must be considered by local governments in
1984
the development of the transportation elements in local
1985
government comprehensive plans and any amendments thereto. The
1986
long-range transportation plan must, at a minimum:
1987
(a) Identify transportation facilities, including, but not
1988
limited to, major roadways, airports, seaports, spaceports,
1989
commuter rail systems, transit systems, and intermodal or
1990
multimodal terminals that will function as an integrated
1991
metropolitan transportation system. The long-range transportation
1992
plan must give emphasis to those transportation facilities that
1993
serve national, statewide, or regional functions, and must
1994
consider the goals and objectives identified in the Florida
1995
Transportation Plan as provided in s. 339.155. If a project is
1996
located within the boundaries of more than one M.P.O., the
1997
M.P.O.'s must coordinate plans regarding the project in the long-
1998
range transportation plan.
1999
(b) Include a financial plan that demonstrates how the plan
2000
can be implemented, indicating resources from public and private
2001
sources which are reasonably expected to be available to carry
2002
out the plan, and recommends any additional financing strategies
2003
for needed projects and programs. The financial plan may include,
2004
for illustrative purposes, additional projects that would be
2005
included in the adopted long-range transportation plan if
2006
reasonable additional resources beyond those identified in the
2007
financial plan were available. For the purpose of developing the
2008
long-range transportation plan, the M.P.O. and the department
2009
shall cooperatively develop estimates of funds that will be
2010
available to support the plan implementation. Innovative
2011
financing techniques may be used to fund needed projects and
2012
programs. Such techniques may include the assessment of tolls,
2013
the use of value capture financing, or the use of value pricing.
2014
(c) Assess capital investment and other measures necessary
2015
to:
2016
1. Ensure the preservation of the existing metropolitan
2017
transportation system including requirements for the operation,
2018
resurfacing, restoration, and rehabilitation of major roadways
2019
and requirements for the operation, maintenance, modernization,
2020
and rehabilitation of public transportation facilities; and
2021
2. Make the most efficient use of existing transportation
2022
facilities to relieve vehicular congestion and maximize the
2023
mobility of people and goods.
2024
(d) Indicate, as appropriate, proposed transportation
2025
enhancement activities, including, but not limited to, pedestrian
2026
and bicycle facilities, scenic easements, landscaping, historic
2027
preservation, mitigation of water pollution due to highway
2028
runoff, and control of outdoor advertising.
2029
(e) In addition to the requirements of paragraphs (a)-(d),
2030
in metropolitan areas that are classified as nonattainment areas
2031
for ozone or carbon monoxide, the M.P.O. must coordinate the
2032
development of the long-range transportation plan with the State
2033
Implementation Plan developed pursuant to the requirements of the
2034
federal Clean Air Act.
2035
2036
In the development of its long-range transportation plan, each
2037
M.P.O. must provide the public, affected public agencies,
2038
representatives of transportation agency employees, freight
2039
shippers, providers of freight transportation services, private
2040
providers of transportation, representatives of users of public
2041
transit, and other interested parties with a reasonable
2042
opportunity to comment on the long-range transportation plan. The
2043
long-range transportation plan must be approved by the M.P.O.
2044
Section 30. Section 366.82, Florida Statutes, is amended to
2045
read:
2046
366.82 Definition; goals; plans; programs; annual reports;
2047
energy audits.--
2049
"utility" means any person or entity of whatever form which
2050
provides electricity or natural gas at retail to the public,
2051
specifically including municipalities or instrumentalities
2052
thereof and cooperatives organized under the Rural Electric
2053
Cooperative Law and specifically excluding any municipality or
2054
instrumentality thereof, any cooperative organized under the
2055
Rural Electric Cooperative Law, or any other person or entity
2056
providing natural gas at retail to the public whose annual sales
2057
volume is less than 100 million therms or any municipality or
2058
instrumentality thereof and any cooperative organized under the
2059
Rural Electric Cooperative Law providing electricity at retail to
2060
the public whose annual sales as of July 1, 1993, to end-use
2061
customers is less than 2,000 gigawatt hours.
2062
(2) The commission shall adopt appropriate goals for
2063
increasing the efficiency of energy consumption and increasing
2064
the development of cogeneration, specifically including goals
2065
designed to increase the conservation of expensive resources,
2066
such as petroleum fuels, to reduce and control the growth rates
2067
of electric consumption, and to reduce the growth rates of
2068
weather-sensitive peak demand. The Executive Office of the
2069
Governor shall be a party in the proceedings to adopt goals. The
2070
commission may change the goals for reasonable cause. The time
2071
period to review the goals, however, must shall not exceed 5
2072
years. After the programs and plans to meet those goals are
2073
completed, the commission shall determine what further goals,
2074
programs, or plans are warranted and, if so, shall adopt them.
2075
(3) The commission shall publish a notice of proposed
2076
rulemaking no later than July 1, 2009, requiring electric
2077
utilities to offset 20 percent of their annual load-growth
2078
through energy efficiency and conservation measures thereby
2079
constituting an energy-efficiency portfolio standard. The
2080
commission may allow efficiency investments across generation,
2081
transmission, and distribution as well as efficiencies within the
2082
user base. As part of the implementation rules, the commission
2083
shall create an in-state market for tradable credits enabling
2084
those electric utilities that exceed the standard to sell credits
2085
to those that cannot meet the standard for a given year. This
2086
efficiency standard is separate from and exclusive of the
2087
renewable portfolio standard that requires electricity providers
2088
to obtain a minimum percentage of their power from renewable
2089
energy resources. Every 3 years the commission shall review and
2090
reevaluate this efficacy of efficiency standard on a regional and
2091
statewide approach.
2092
(4)(3) Following adoption of goals pursuant to subsection
2093
(2), the commission shall require each utility to develop plans
2094
and programs to meet the overall goals within its service area.
2095
If any plan or program includes loans, collection of loans, or
2096
similar banking functions by a utility and the plan is approved
2097
by the commission, the utility shall perform such functions,
2098
notwithstanding any other provision of the law. The commission
2099
may pledge up to $5 million of the Florida Public Service
2100
Regulatory Trust Fund to guarantee such loans. However, no
2101
utility shall be required to loan its funds for the purpose of
2102
purchasing or otherwise acquiring conservation measures or
2103
devices, but nothing herein shall prohibit or impair the
2104
administration or implementation of a utility plan as submitted
2105
by a utility and approved by the commission under this
2106
subsection. If the commission disapproves a plan, it shall
2107
specify the reasons for disapproval, and the utility whose plan
2108
is disapproved shall resubmit its modified plan within 30 days.
2109
Prior approval by the commission shall be required to modify or
2110
discontinue a plan, or part thereof, which has been approved. If
2111
any utility has not implemented its programs and is not
2112
substantially in compliance with the provisions of its approved
2113
plan at any time, the commission shall adopt programs required
2114
for that utility to achieve the overall goals. Utility programs
2115
may include variations in rate design, load control,
2116
cogeneration, residential energy conservation subsidy, or any
2117
other measure within the jurisdiction of the commission which the
2118
commission finds likely to be effective; this provision shall not
2119
be construed to preclude these measures in any plan or program.
2120
(5)(4) The commission shall require periodic reports from
2121
each utility and shall provide the Legislature and the Governor
2122
with an annual report by March 1 of the goals it has adopted and
2123
its progress toward meeting those goals. The commission shall
2124
also consider the performance of each utility pursuant to ss.
2126
utilities over which the commission has ratesetting authority.
2127
(6) The commission shall require municipal and cooperative
2128
utilities that are exempt from the Florida Energy Efficiency and
2129
Conservation Act to submit an annual report to the commission
2130
identifying energy efficiency and conservation goals and the
2131
actions taken to meet those goals.
2132
(7)(5) The commission shall require each utility to offer,
2133
or to contract to offer, energy audits to its residential
2134
customers. This requirement need not be uniform, but may be based
2135
on such factors as level of usage, geographic location, or any
2136
other reasonable criterion, so long as all eligible customers are
2137
notified. The commission may extend this requirement to some or
2138
all commercial customers. The commission shall set the charge for
2139
audits by rule, not to exceed the actual cost, and may describe
2140
by rule the general form and content of an audit. In the event
2141
one utility contracts with another utility to perform audits for
2142
it, the utility for which the audits are performed shall pay the
2143
contracting utility the reasonable cost of performing the audits.
2144
Each utility over which the commission has ratesetting authority
2145
shall estimate its costs and revenues for audits, conservation
2146
programs, and implementation of its plan for the immediately
2147
following 6-month period. Reasonable and prudent unreimbursed
2148
costs projected to be incurred, or any portion of such costs, may
2149
be added to the rates which would otherwise be charged by a
2150
utility upon approval by the commission, provided that the
2151
commission shall not allow the recovery of the cost of any
2152
company image-enhancing advertising or of any advertising not
2153
directly related to an approved conservation program. Following
2154
each 6-month period, each utility shall report the actual results
2155
for that period to the commission, and the difference, if any,
2156
between actual and projected results shall be taken into account
2157
in succeeding periods. The state plan as submitted for
2158
consideration under the National Energy Conservation Policy Act
2159
shall not be in conflict with any state law or regulation.
2160
(8)(6)(a) Notwithstanding the provisions of s. 377.703, the
2161
commission shall be the responsible state agency for performing,
2162
coordinating, implementing, or administering the functions of the
2163
state plan submitted for consideration under the National Energy
2164
Conservation Policy Act and any acts amendatory thereof or
2165
supplemental thereto and for performing, coordinating,
2166
implementing, or administering the functions of any future
2167
federal program delegated to the state which relates to
2168
consumption, utilization, or conservation of electricity or
2169
natural gas; and the commission shall have exclusive
2170
responsibility for preparing all reports, information, analyses,
2171
recommendations, and materials related to consumption,
2172
utilization, or conservation of electrical energy which are
2173
required or authorized by s. 377.703.
2174
(b) The Florida Energy and Climate Commission, as created
2175
in s. 377.6015, Executive Office of the Governor shall be a party
2176
in the proceedings to adopt goals and shall file with the
2177
commission comments on the proposed goals including, but not
2178
limited to:
2179
1. An evaluation of utility load forecasts, including an
2180
assessment of alternative supply and demand side resource
2181
options.
2182
2. An analysis of various policy options which can be
2183
implemented to achieve a least-cost strategy.
2184
(9)(7) The commission shall establish all minimum
2185
requirements for energy auditors used by each utility. The
2186
commission is authorized to contract with any public agency or
2187
other person to provide any training, testing, evaluation, or
2188
other step necessary to fulfill the provisions of this
2189
subsection.
2190
(10) In evaluating the cost-effectiveness of demand-side
2191
management programs, the commission shall use methodologies that
2192
recognize the noneconomic benefits associated with reduced energy
2193
demand from energy efficiency and conservation programs and that
2194
recognize the benefits associated with not constructing new
2195
generation capacity.
2196
Section 31. Paragraph (d) of subsection (1) of section
2197
366.8255, Florida Statutes, is amended to read:
2198
366.8255 Environmental cost recovery.--
2199
(1) As used in this section, the term:
2200
(d) "Environmental compliance costs" includes all costs or
2201
expenses incurred by an electric utility in complying with
2202
environmental laws or regulations, including, but not limited to:
2203
1. Inservice capital investments, including the electric
2204
utility's last authorized rate of return on equity thereon;
2205
2. Operation and maintenance expenses;
2206
3. Fuel procurement costs;
2207
4. Purchased power costs;
2208
5. Emission allowance costs;
2209
6. Direct taxes on environmental equipment; and
2210
7. Costs or expenses prudently incurred by an electric
2211
utility pursuant to an agreement entered into on or after the
2212
effective date of this act and prior to October 1, 2002, between
2213
the electric utility and the Florida Department of Environmental
2214
Protection or the United States Environmental Protection Agency
2215
for the exclusive purpose of ensuring compliance with ozone
2216
ambient air quality standards by an electrical generating
2217
facility owned by the electric utility;.
2218
8. Costs or expenses prudently incurred for scientific
2219
research and geological assessments of carbon capture and storage
2220
conducted in Florida for the purpose of reducing an electric
2221
utility's greenhouse gas emissions as defined in s. 403.44 when
2222
such costs or expenses are incurred in joint research projects
2223
with this state's government agencies and universities; and
2224
9. Costs or expenses prudently incurred for the
2225
quantification, reporting, and verification of greenhouse gas
2226
emissions by third parties as required for participation in
2227
emission registries.
2228
Section 32. Section 366.91, Florida Statutes, is amended to
2229
read:
2230
366.91 Renewable energy.--
2231
(1) The Legislature finds that it is in the public interest
2232
to promote the development of renewable energy resources in this
2233
state. Renewable energy resources have the potential to help
2234
diversify fuel types to meet Florida's growing dependency on
2235
natural gas for electric production, minimize the volatility of
2236
fuel costs, encourage investment within the state, improve
2237
environmental conditions, and make Florida a leader in new and
2238
innovative technologies.
2239
(2) As used in this section, the term:
2240
(a) "Biomass" means a power source that is comprised of,
2241
but not limited to, combustible residues or gases from forest
2242
products manufacturing, waste, byproducts or products from
2243
agricultural and orchard crops, waste and co-products from
2244
livestock and poultry operations, waste and byproducts from and
2245
food processing, urban wood waste, municipal solid waste,
2246
municipal liquid waste treatment operations, and landfill gas.
2247
(b) "Renewable energy" means electrical energy produced
2248
from a method that uses one or more of the following fuels or
2249
energy sources: hydrogen produced from sources other than fossil
2250
fuels, biomass, solar energy, geothermal energy, wind energy,
2251
ocean energy, and hydroelectric power. The term includes the
2252
alternative energy resource, waste heat, from sulfuric acid
2253
manufacturing operations.
2254
(c) "Customer-owned renewable generation" means an electric
2255
generating system located on a customer's premises that is
2256
primarily intended to offset part or all of the customer's
2257
electricity requirements with renewable energy.
2258
(d) "Net metering" means a metering and billing methodology
2259
whereby customer-owned renewable generation is allowed to offset
2260
the customer's electricity consumption on-site.
2261
(3) On or before January 1, 2006, each public utility must
2262
continuously offer a purchase contract to producers of renewable
2263
energy. The commission shall establish requirements relating to
2264
the purchase of capacity and energy by public utilities from
2265
renewable energy producers and may adopt rules to administer this
2266
section. The contract shall contain payment provisions for energy
2267
and capacity which are based upon the utility's full avoided
2268
costs, as defined in s. 366.051; however, capacity payments are
2269
not required if, due to the operational characteristics of the
2270
renewable energy generator or the anticipated peak and off-peak
2271
availability and capacity factor of the utility's avoided unit,
2272
the producer is unlikely to provide any capacity value to the
2273
utility or the electric grid during the contract term. Each
2274
contract must provide a contract term of at least 10 years.
2275
Prudent and reasonable costs associated with a renewable energy
2276
contract shall be recovered from the ratepayers of the
2277
contracting utility, without differentiation among customer
2278
classes, through the appropriate cost-recovery clause mechanism
2279
administered by the commission.
2280
(4) On or before January 1, 2006, each municipal electric
2281
utility and rural electric cooperative whose annual sales, as of
2282
July 1, 1993, to retail customers were greater than 2,000
2283
gigawatt hours must continuously offer a purchase contract to
2284
producers of renewable energy containing payment provisions for
2285
energy and capacity which are based upon the utility's or
2286
cooperative's full avoided costs, as determined by the governing
2287
body of the municipal utility or cooperative; however, capacity
2288
payments are not required if, due to the operational
2289
characteristics of the renewable energy generator or the
2290
anticipated peak and off-peak availability and capacity factor of
2291
the utility's avoided unit, the producer is unlikely to provide
2292
any capacity value to the utility or the electric grid during the
2293
contract term. Each contract must provide a contract term of at
2294
least 10 years.
2295
(5) On or before January 1, 2009, each public utility must
2296
develop a standardized interconnection agreement and net metering
2297
program for customer-owned renewable generation. The commission
2298
shall establish requirements relating to the expedited
2299
interconnection and net metering of customer-owned renewable
2300
generation by public utilities and may adopt rules to administer
2301
this section.
2302
(6) On or before July 1, 2009, each municipal electric
2303
utility and each rural electric cooperative that sells
2304
electricity at retail must develop a standardized interconnection
2305
agreement and net metering program for customer-owned renewable
2306
generation. Each governing authority shall establish
2307
requirements relating to the expedited interconnection and net
2308
metering of customer-owned generation. By April 1 of each year,
2309
each municipal electric utility and rural electric cooperative
2310
utility serving retail customers shall file a report with the
2311
commission detailing customer participation in the
2312
interconnection and net metering program, including but not
2313
limited to the number and total capacity of interconnected
2314
generating systems and the total energy net metered in the
2315
previous year.
2316
(7)(5) A contracting producer of renewable energy must pay
2317
the actual costs of its interconnection with the transmission
2318
grid or distribution system.
2319
Section 33. Section 366.92, Florida Statutes, is amended to
2320
read:
2321
366.92 Florida renewable energy policy.--
2322
(1) It is the intent of the Legislature to promote the
2323
development of renewable energy; protect the economic viability
2324
of Florida's existing renewable energy facilities; diversify the
2325
types of fuel used to generate electricity in Florida; lessen
2326
Florida's dependence on natural gas and fuel oil for the
2327
production of electricity; minimize the volatility of fuel costs;
2328
encourage investment within the state; improve environmental
2329
conditions; and, at the same time, minimize the costs of power
2330
supply to electric utilities and their customers.
2331
(2) For the purposes of this section, "Florida renewable
2332
energy resources" shall mean renewable energy, as defined in s.
2333
377.803, that is produced in Florida.
2334
(3) As used in this section, the term:
2335
(a) "Renewable energy credit" or "REC" means a product that
2336
represents the unbundled, separable, and renewable attribute of
2337
renewable energy produced in Florida and is equivalent to 1
2338
megawatt-hour of electricity generated by a source of renewable
2339
energy located in Florida.
2340
(b) "Provider" means an electric utility or utility as
2341
defined in s. 366.8255(1)(a).
2342
(c) "Renewable Energy" means energy produced from a method
2343
that uses one or more of the following fuels or energy sources:
2344
solar thermal, solar hot water, geothermal energy, or as provided
2345
in s. 366.91(2)(b).
2346
(d) "Renewable portfolio standard" or "RPS" means the
2347
minimum percentage of total annual retail electricity sales by a
2348
provider to consumers in Florida, which shall be supplied by
2349
renewable energy produced in Florida.
2350
(4)(a) The commission shall adopt rules for a renewable
2351
portfolio standard requiring each provider to supply renewable
2352
energy to its customers, whether directly, by procurement, or
2353
through renewable energy credits. In developing the RPS rule, the
2354
commission shall consult the Department of Environmental
2355
Protection and the Florida Energy and Climate Commission. The
2356
commission shall present a draft rule for legislative
2357
consideration by February 1, 2009. The rule may not be
2358
implemented until ratified by the Legislature.
2359
(b) In developing the rule, the commission shall evaluate
2360
the current and forecasted levelized cost in cents per kilowatt
2361
hour through 2020 and current and forecasted installed capacity
2362
in kilowatts for each renewable energy generation method through
2363
2020.
2364
(c) The commission's rule shall include methods of managing
2365
the cost of compliance with the portfolio standard, whether
2366
through direct supply, through the procurement of renewable
2367
power, or through the purchase of renewable energy credits. The
2368
commission shall have rulemaking authority for providing annual
2369
cost recovery and incentive-based adjustments to authorized rates
2370
of return on common equity to providers to incentivize renewable
2371
energy. Notwithstanding s. 366.91(3) and (4), upon the effective
2372
date of the rule, the commission is authorized to approve
2373
projects and power sales agreements with renewable power
2374
producers, and the sale of renewable energy credits which are
2375
needed to comply with the RPS. In the event of any conflict,
2376
this section shall supersede s. 366.91(3) and (4).
2377
(d) The commission's rule shall provide for appropriate
2378
compliance measures and the conditions under which compliance
2379
shall be excused due to a determination by the commission that
2380
the supply of renewable energy or renewable energy credits was
2381
not adequate to satisfy the demand for such energy, or that the
2382
cost of securing renewable energy or renewable energy credits was
2383
cost-prohibitive.
2384
(e) The commission's rule shall provide added weight to
2385
energy provided by wind and solar energy over other forms of
2386
renewable energy, whether directly supplied, procured, or
2387
indirectly obtained through the purchase of renewable energy
2388
credits.
2389
(f) The commission's rule shall determine an appropriate
2390
period of time for which renewable energy credits may be used for
2391
purposes of compliance with the renewable portfolio standard.
2392
(g) The commission's rule shall:
2393
1. Determine an appropriate period of time for which
2394
renewable energy credits may be used for purposes of compliance
2395
with the renewable portfolio standard.
2396
2. Provide for the monitoring of compliance with and
2397
enforcement of the requirements of this section.
2398
3. Ensure that energy credited toward compliance with the
2399
provisions of this section are not credited toward any other
2400
purpose.
2401
4. Develop procedures to track and account for renewable
2402
energy credits, including ownership of renewable energy credits
2403
that are derived from a customer-owned renewable energy facility
2404
as a result of any action by a customer of an electric power
2405
supplier that is independent of a program sponsored by the
2406
electric power supplier.
2407
(h) The commission's rule shall provide for the conditions
2408
and options for the repeal or alteration of the rule in the event
2409
that new provisions of federal law supplant or conflict with the
2410
rule.
2411
(i) Beginning on April 1 of the year following the
2412
effective date of the rule, each provider shall submit a report
2413
to the commission describing the steps that have been taken in
2414
the previous year and the steps that will be taken in the future
2415
to add renewable energy to the provider's energy supply
2416
portfolio. The report shall state whether the provider was in
2417
compliance with the RPS during the previous year and how it will
2418
comply with the RPS in the upcoming year.
2419
(5) In order to demonstrate the feasibility and viability
2420
of clean energy systems, the commission shall provide for full
2421
cost recovery under the environmental cost-recovery clause of all
2422
reasonable and prudent costs incurred by a provider for renewable
2423
energy projects that are zero greenhouse gas emitting at the
2424
point of generation, up to a total of 110 megawatts statewide,
2425
and for which the provider has secured necessary land, zoning
2426
permits, and transmission rights within the state. Such costs
2427
shall be deemed reasonable and prudent for purposes of cost
2428
recovery so long as the provider has used reasonable and
2429
customary industry practices in the design, procurement, and
2430
construction of the project in a cost-effective manner
2431
appropriate to the location of the facility. The provider shall
2432
report to the commission as part of the cost-recovery proceedings
2433
the construction costs, in-service costs, operating and
2434
maintenance costs, hourly energy production of the renewable
2435
energy project, and any other information deemed relevant by the
2436
commission. Any provider constructing a clean energy facility
2437
pursuant to this section shall file for cost recovery no later
2438
than July 1, 2009.
2439
(6) Each municipal electric utility and rural electric
2440
cooperative shall develop standards for the promotion,
2441
encouragement, and expansion of the use of renewable energy
2442
resources and energy conservation and efficiency measures. On or
2443
before April 1, 2009, and annually thereafter, each municipal
2444
electric utility and electric cooperative shall submit to the
2445
commission a report that identifies such standards.
2446
(7) No provision in this section shall be construed to
2447
impede or impair terms and conditions in existing contracts.
2448
(3) The commission may adopt appropriate goals for
2449
increasing the use of existing, expanded, and new Florida
2450
renewable energy resources. The commission may change the goals.
2451
The commission may review and reestablish the goals at least once
2452
every 5 years.
2453
(8)(4) The commission shall adopt rules to administer and
2454
implement the provisions of this section.
2455
Section 34. Section 366.93, Florida Statutes, is amended to
2456
read:
2457
366.93 Cost recovery for the siting, design, licensing, and
2458
construction of nuclear and integrated gasification combined
2459
cycle power plants.--
2460
(1) As used in this section, the term:
2461
(a) "Cost" includes, but is not limited to, all capital
2462
investments, including rate of return, any applicable taxes, and
2463
all expenses, including operation and maintenance expenses,
2464
related to or resulting from the siting, licensing, design,
2465
construction, or operation of the nuclear power plant and any
2466
new, enlarged, or relocated electrical transmission lines or
2467
facilities of any size which are necessary to serve the nuclear
2468
or integrated gasification combined cycle power plant.
2469
(b) "Electric utility" or "utility" has the same meaning as
2470
that provided in s. 366.8255(1)(a).
2471
(c) "Integrated gasification combined cycle power plant" or
2472
"plant" is an electrical power plant as defined in s. 403.503(14)
2473
which s. 403.503(13) that uses synthesis gas produced by
2474
integrated gasification technology.
2475
(c)(d) "Nuclear power plant" or "plant" means is an
2476
electrical power plant, as defined in s. 403.503(14), which s.
2477
403.503(13) that uses nuclear materials for fuel.
2478
(d)(e) "Power plant" or "plant" means a nuclear power plant
2479
or an integrated gasification combined cycle power plant.
2480
(e)(f) "Preconstruction" is that period of time after a
2481
site, including any related electrical transmission lines or
2482
facilities, has been selected through and including the date the
2483
utility completes site-clearing site clearing work.
2484
Preconstruction costs shall be afforded deferred accounting
2485
treatment and shall accrue a carrying charge equal to the
2486
utility's allowance for funds during construction (AFUDC) rate
2487
until recovered in rates.
2488
(2) Within 6 months after the enactment of this act, the
2489
commission shall establish, by rule, alternative cost recovery
2490
mechanisms for the recovery of costs incurred in the siting,
2491
design, licensing, and construction of a nuclear power plant,
2492
including new, expanded, or relocated electrical transmission
2493
lines and facilities that are necessary to serve the nuclear or
2494
integrated gasification combined cycle power plant. Such
2495
mechanisms shall be designed to promote utility investment in
2496
nuclear or integrated gasification combined cycle power plants
2497
and allow for the recovery in rates of all prudently incurred
2498
costs, and shall include, but need are not be limited to:
2499
(a) Recovery through the capacity cost recovery clause of
2500
any preconstruction costs.
2501
(b) Recovery through an incremental increase in the
2502
utility's capacity cost recovery clause rates of the carrying
2503
costs on the utility's projected construction cost balance
2504
associated with the nuclear or integrated gasification combined
2505
cycle power plant. To encourage investment and provide certainty,
2506
for nuclear or integrated gasification combined cycle power plant
2507
need petitions submitted on or before December 31, 2010,
2508
associated carrying costs shall be equal to the pretax AFUDC in
2509
effect upon this act becoming law. For nuclear or integrated
2510
gasification combined cycle power plants for which need petitions
2511
are submitted after December 31, 2010, the utility's existing
2512
pretax AFUDC rate is presumed to be appropriate unless determined
2513
otherwise by the commission in the determination of need for the
2514
nuclear or integrated gasification combined cycle power plant.
2515
(3) After a petition for determination of need is granted,
2516
a utility may petition the commission for cost recovery as
2517
permitted by this section and commission rules.
2518
(4) When the nuclear or integrated gasification combined
2519
cycle power plant is placed in commercial service, the utility
2520
shall be allowed to increase its base rate charges by the
2521
projected annual revenue requirements of the nuclear or
2522
integrated gasification combined cycle power plant based on the
2523
jurisdictional annual revenue requirements of the plant for the
2524
first 12 months of operation. The rate of return on capital
2525
investments shall be calculated using the utility's rate of
2526
return last approved by the commission prior to the commercial
2527
inservice date of the nuclear or integrated gasification combined
2528
cycle power plant. If any existing generating plant is retired as
2529
a result of operation of the nuclear or integrated gasification
2530
combined cycle power plant, the commission shall allow for the
2531
recovery, through an increase in base rate charges, of the net
2532
book value of the retired plant over a period not to exceed 5
2533
years.
2534
(5) The utility shall report to the commission annually the
2535
budgeted and actual costs as compared to the estimated inservice
2536
cost of the nuclear or integrated gasification combined cycle
2537
power plant provided by the utility pursuant to s. 403.519(4),
2538
until the commercial operation of the nuclear or integrated
2539
gasification combined cycle power plant. The utility shall
2540
provide such information on an annual basis following the final
2541
order by the commission approving the determination of need for
2542
the nuclear or integrated gasification combined cycle power
2543
plant, with the understanding that some costs may be higher than
2544
estimated and other costs may be lower.
2545
(6) If In the event the utility elects not to complete or
2546
is precluded from completing construction of the nuclear power
2547
plant, including any new, expanded, or relocated electrical
2548
transmission lines or facilities or integrated gasification
2549
combined cycle power plant, the utility shall be allowed to
2550
recover all prudent preconstruction and construction costs
2551
incurred following the commission's issuance of a final order
2552
granting a determination of need for the nuclear power plant and
2553
electrical transmission lines and facilities or integrated
2554
gasification combined cycle power plant. The utility shall
2555
recover such costs through the capacity cost recovery clause over
2556
a period equal to the period during which the costs were incurred
2557
or 5 years, whichever is greater. The unrecovered balance during
2558
the recovery period will accrue interest at the utility's
2559
weighted average cost of capital as reported in the commission's
2560
earnings surveillance reporting requirement for the prior year.
2561
Section 35. Section 377.601, Florida Statutes, is amended
2562
to read:
2563
377.601 Legislative intent.--
2564
(1) The Legislature finds that this state's energy security
2565
can be increased by lessening dependence on foreign oil, that the
2566
impacts of global climate change can be reduced through the
2567
reduction of greenhouse gas emissions, and that the
2568
implementation of alternative energy technologies can be the
2569
source of new jobs and employment opportunities for many
2570
Floridians. The Legislature further finds that this state is
2571
positioned at the front line against potential impacts of global
2572
climate change. Human and economic costs of those impacts can be
2573
averted and, where necessary, adapted to by a concerted effort to
2574
make this state's communities more resilient and less vulnerable
2575
to these impacts. In focusing the government's policy and efforts
2576
to protect this state, its residents, and resources, the
2577
Legislature believes that a single government entity that has
2578
energy and climate change as its specific focus is both desirable
2579
and advantageous. the ability to deal effectively with present
2580
shortages of resources used in the production of energy is
2581
aggravated and intensified because of inadequate or nonexistent
2582
information and that intelligent response to these problems and
2583
to the development of a state energy policy demands accurate and
2584
relevant information concerning energy supply, distribution, and
2585
use. The Legislature finds and declares that a procedure for the
2586
collection and analysis of data on the energy flow in this state
2587
is essential to the development and maintenance of an energy
2588
profile defining the characteristics and magnitudes of present
2589
and future energy demands and availability so that the state may
2590
rationally deal with present energy problems and anticipate
2591
future energy problems.
2592
(2) The Legislature further recognizes that every state
2593
official dealing with energy problems should have current and
2594
reliable information on the types and quantity of energy
2595
resources produced, imported, converted, distributed, exported,
2596
stored, held in reserve, or consumed within the state.
2597
(3) It is the intent of the Legislature in the passage of
2598
this act to provide the necessary mechanisms for the effective
2599
development of information necessary to rectify the present lack
2600
of information which is seriously handicapping the state's
2601
ability to deal effectively with the energy problem. To this end,
2603
broadest possible interpretation consistent with the stated
2604
legislative desire to procure vital information.
2605
(2)(4) It is the policy of the State of Florida to:
2606
(a) Recognize and address the potential impacts of global
2607
climate change wherever possible. Develop and promote the
2608
effective use of energy in the state and discourage all forms of
2609
energy waste.
2610
(b) Play a leading role in developing and instituting
2611
energy management programs aimed at promoting energy
2612
conservation, energy security, and the reduction of greenhouse
2613
gas emissions.
2614
(c) Include energy considerations in all state, regional,
2615
and local planning.
2616
(d) Utilize and manage effectively energy resources used
2617
within state agencies.
2618
(e) Encourage local governments to include energy
2619
considerations in all planning and to support their work in
2620
promoting energy management programs.
2621
(f) Include the full participation of citizens in the
2622
development and implementation of energy programs.
2623
(g) Consider in its decisions the energy needs of each
2624
economic sector, including residential, industrial, commercial,
2625
agricultural, and governmental uses, and to reduce those needs
2626
whenever possible.
2627
(h) Promote energy education and the public dissemination
2628
of information on energy and its environmental, economic, and
2629
social impact.
2630
(i) Encourage the research, development, demonstration, and
2631
application of alternative energy resources, particularly
2632
renewable energy resources.
2633
(j) Consider, in its decisionmaking, the social, economic,
2634
security, and environmental impacts of energy-related activities,
2635
including the whole life-cycle impacts of any potential energy
2636
use choices, so that detrimental effects of these activities are
2637
understood and minimized.
2638
(k) Develop and maintain energy emergency preparedness
2639
plans to minimize the effects of an energy shortage within
2640
Florida.
2641
Section 36. The State Energy Program, as authorized and
2644
a type two transfer as defined in s. 20.06(2), Florida Statutes,
2645
from the Department of Environmental Protection to the Florida
2646
Energy and Climate Commission.
2647
Section 37. Section 377.6015, Florida Statutes, is created
2648
to read:
2649
377.6015 Florida Energy and Climate Commission.--
2650
(1) The Florida Energy and Climate Commission is created
2651
and shall be located within the Executive Office of the Governor.
2652
The commission shall be comprised of nine members, and shall be
2653
appointed by the Governor, the Commissioner of Agriculture, and
2654
the Chief Financial Officer as follows.
2655
(a) The Governor shall select from three persons nominated
2656
by the Florida Public Service Commission Nominating Council,
2657
created in s. 350.031, for each of seven seats on the commission.
2658
The Commissioner of Agriculture shall select from three persons
2659
nominated by the council for one seat on the commission. The
2660
Chief Financial Officer shall select from three persons nominated
2661
by the council for one seat on the commission.
2662
1. The council shall submit recommendations to the
2663
Governor, the Commissioner of Agriculture, and the Chief
2664
Financial Officer by September 1 of those years in which the
2665
terms are to begin the following October, or within 60 days after
2666
a vacancy occurs for any reason other than the expiration of a
2667
term. The Governor, the Commissioner of Agriculture, and the
2668
Chief Financial Officer may proffer names of persons to be
2669
considered for nomination by the council.
2670
2. The Governor, the Commissioner of Agriculture, and the
2671
Chief Financial Officer shall fill a vacancy occurring on the
2672
commission by appointment of one of the applicants nominated by
2673
the council only after a background investigation of the
2674
applicant has been conducted by the Department of Law
2675
Enforcement.
2676
3. Members shall be appointed to 3-year terms; however, in
2677
order to establish staggered terms, for the initial appointments,
2678
the Governor shall appoint four members to 3-year terms, two
2679
members to 2-year terms, and one member to a 1-year term. The
2680
Commissioner of Agriculture and the Chief Financial Officer shall
2681
appoint a member each for 3-year terms and shall appoint a
2682
successor when that appointee's term expires in the same manner
2683
as provided in this paragraph and paragraph (b).
2684
4. The Governor shall select the chair of the commission
2685
from one of the nine persons appointed to the commission.
2686
5. Vacancies on the commission shall be filled for the
2687
unexpired portion of the term in the same manner as original
2688
appointments to the commission.
2689
6. If the Governor, the Commissioner of Agriculture, and
2690
the Chief Financial Officer have not made an appointment within
2691
30 days after the receipt of the recommendations, the council
2692
shall initiate, in accordance with this section, the nominating
2693
process within 30 days.
2694
7. Each appointment to the commission is subject to
2695
confirmation by the Senate during the next regular session after
2696
the vacancy occurs. If the Senate refuses to confirm or fails to
2697
consider an appointment, the council shall initiate, in
2698
accordance with this section, the nominating process within 30
2699
days.
2700
(b) Members must meet the following qualifications and
2701
restrictions:
2702
1. A member must be an expert in one or more of the
2703
following fields: energy, natural resource conservation,
2704
economics, engineering, finance, law, transportation and land
2705
use, consumer protection, state energy policy, or another field
2706
substantially related to the duties and functions of the
2707
commission. The commission shall fairly represent the fields
2708
specified in this subparagraph.
2709
2. Each member shall, at the time of appointment and at
2710
each commission meeting during his or her term of office,
2711
disclose:
2712
a. Whether he or she has any financial interest, other than
2713
ownership of shares in a mutual fund, in any business entity
2714
that, directly or indirectly, owns or controls, or is an
2715
affiliate or subsidiary of, any business entity that may be
2716
affected by the policy recommendations developed by the
2717
commission.
2718
b. Whether he or she is employed by or is engaged in any
2719
business activity with any business entity that, directly or
2720
indirectly, owns or controls, or is an affiliate or subsidiary
2721
of, any business entity that may be affected by the policy
2722
recommendations developed by the commission.
2723
(c) The chair may designate ex officio nonvoting members to
2724
provide information and advice to the commission. The following
2725
shall serve as ex officio nonvoting members and may provide
2726
information and advice at the request of the chair:
2727
1. The chair of the Florida Public Service Commission, or
2728
designee;
2729
2. The Public Counsel, or designee;
2730
3. A representative of the Department of Agriculture and
2731
Consumer Services;
2732
4. A representative of the Department of Financial
2733
Services;
2734
5. A representative of the Department of Environmental
2735
Protection;
2736
6. A representative of the Department of Community Affairs;
2737
7. A representative of the Board of Governors of the State
2738
University System; and
2739
8. A representative of the Department of Transportation.
2740
(2) Members shall serve without compensation, but are
2741
entitled to reimbursement for per diem and travel expenses as
2742
provided in s. 112.061.
2743
(3) Meetings of the commission may be held in various
2744
locations around the state and at the call of the chair; however,
2745
the commission must meet at least six times each year.
2746
(4) The commission may:
2747
(a) Employ staff and counsel as needed in the performance
2748
of its duties.
2749
(b) Prosecute and defend legal actions in its own name.
2750
(c) Form advisory groups consisting of members of the
2751
public to provide information on specific issues.
2752
(5) The commission shall:
2753
(a) Administer the Florida Renewable Energy and Energy
2754
Efficient Technologies Grant Program authorized under s. 377.804
2755
to assure a robust grant portfolio.
2756
(b) Develop policies that require grantees to provide
2757
royalty-sharing or licensing agreements with state government for
2758
commercialized products developed under a state grant.
2759
(c) Administer the Florida Green Government Grants Act
2760
pursuant to s. 377.808 and set annual priorities for grants.
2761
(d) Administer the information gathering and reporting
2763
(e) Administer the petroleum planning and emergency
2765
(f) Represent Florida in the Southern States Energy Compact
2767
(g) Upon completion by the Governor's Action Team on Energy
2768
and Climate Change, complete the annual assessment of the
2769
efficacy of Florida's Energy and Climate Change Action Plan
2770
pursuant to the Governor's Executive Order 2007-128 and provide
2771
specific recommendations to the Governor and the Legislature each
2772
year to improve results.
2773
(h) Administer the provisions of the Florida Energy and
2775
(i) Advocate for energy and climate change issues and
2776
provide educational outreach and technical assistance in
2777
cooperation with Florida's academic institutions.
2778
(j) Be a party in the proceedings to adopt goals and submit
2779
comments to the Public Service Commission pursuant to s. 366.82.
2780
(k) Adopt rules pursuant to chapter 120 to administer all
2781
powers and duties described in this section.
2782
Section 38. Section 377.602, Florida Statutes, is amended
2783
to read:
2785
term:
2786
(1) "Commission" means the Florida Energy and Climate
2787
Commission.
2788
(2) "Department" means the Department of Environmental
2789
Protection.
2790
(3)(1) "Energy resources" includes, but is shall not be
2791
limited to:
2792
(a) Energy converted from solar radiation, wind, hydraulic
2793
potential, tidal movements, biomass, geothermal sources, and
2794
other energy resources the commission determines to be important
2795
to the production or supply of energy.
2796
(b)(a) Propane, butane, motor gasoline, kerosene, home
2797
heating oil, diesel fuel, other middle distillates, aviation
2798
gasoline, kerosene-type jet fuel, naphtha-type jet fuel, residual
2799
fuels, crude oil, and other petroleum products and hydrocarbons
2800
as may be determined by the department to be of importance.
2801
(c)(b) All natural gas, including casinghead gas, all other
2802
hydrocarbons not defined as petroleum products in paragraph (a),
2803
and liquefied petroleum gas as defined in s. 527.01.
2804
(d)(c) All types of coal and products derived from its
2805
conversion and used as fuel.
2806
(e)(d) All types of nuclear energy, special nuclear
2807
material, and source material, as defined in s. 290.07.
2808
(e) Every other energy resource, whether natural or manmade
2809
which the department determines to be important to the production
2810
or supply of energy, including, but not limited to, energy
2811
converted from solar radiation, wind, hydraulic potential, tidal
2812
movements, and geothermal sources.
2813
(f) All electrical energy.
2814
(2) "Department" means the Department of Environmental
2815
Protection.
2816
(4)(3) "Person" means producer, refiner, wholesaler,
2817
marketer, consignee, jobber, distributor, storage operator,
2818
importer, exporter, firm, corporation, broker, cooperative,
2819
public utility as defined in s. 366.02, rural electrification
2820
cooperative, municipality engaged in the business of providing
2821
electricity or other energy resources to the public, pipeline
2822
company, person transporting any energy resources as defined in
2823
subsection (1), and person holding energy reserves for further
2824
production; however, the term "person" does not include persons
2825
exclusively engaged in the retail sale of petroleum products.
2826
Section 39. Section 377.603, Florida Statutes, is amended
2827
to read:
2828
377.603 Energy data collection; powers and duties of the
2829
commission Department of Environmental Protection.--
2830
(1) The commission may department shall collect data on the
2831
extraction, production, importation, exportation, refinement,
2832
transportation, transmission, conversion, storage, sale, or
2833
reserves of energy resources in this state in an efficient and
2834
expeditious manner.
2835
(2) The commission may department shall prepare periodic
2836
reports of energy data it collects.
2837
(3) The department shall prescribe and furnish forms for
2839
and shall consult with other state entities to assure that such
2840
data collected will meet their data requirements.
2841
(3)(4) The commission department may adopt and promulgate
2842
such rules and regulations as are necessary to carry out the
2844
to chapter 120.
2845
(4)(5) The commission department shall maintain internal
2846
validation procedures to assure the accuracy of information
2847
received.
2848
Section 40. Section 377.604, Florida Statutes, is amended
2849
to read:
2850
377.604 Required reports.--Every person who produces,
2851
imports, exports, refines, transports, transmits, converts,
2852
stores, sells, or holds known reserves of any form of energy
2853
resources used as fuel shall report to the commission at the
2854
commission's request department at a frequency set, and in a
2855
manner prescribed, by the commission department, on forms
2856
provided by the commission department and prepared with the
2857
advice of representatives of the energy industry. Such forms
2858
shall be designed in such a manner as to indicate:
2859
(1) The identity of the person or persons making the
2860
report.
2861
(2) The quantity of energy resources extracted, produced,
2862
imported, exported, refined, transported, transmitted, converted,
2863
stored, or sold except at retail.
2864
(3) The quantity of energy resources known to be held in
2865
reserve in the state.
2866
(4) The identity of each refinery from which petroleum
2867
products have normally been obtained and the type and quantity of
2868
products secured from that refinery for sale or resale in this
2869
state.
2870
(5) Any other information which the commission department
2872
Section 41. Section 377.605, Florida Statutes, is amended
2873
to read:
2874
377.605 Use of existing information.--The commission may
2875
use department shall utilize to the fullest extent possible any
2876
existing energy information already prepared for state or federal
2877
agencies. Every state, county, and municipal agency shall
2878
cooperate with the commission department and shall submit any
2879
information on energy to the commission department upon request.
2880
Section 42. Section 377.606, Florida Statutes, is amended
2881
to read:
2882
377.606 Records of the commission department; limits of
2883
confidentiality.--The information or records of individual
2884
persons, as defined herein, obtained by the commission department
2885
as a result of a report, investigation, or verification required
2886
by the commission department, shall be open to the public, except
2887
such information the disclosure of which would be likely to cause
2888
substantial harm to the competitive position of the person
2889
providing such information and which is requested to be held
2890
confidential by the person providing such information. Such
2891
proprietary information is confidential and exempt from the
2892
provisions of s. 119.07(1). Information reported by entities
2893
other than the commission department in documents or reports open
2894
to public inspection may not shall under no circumstances be
2895
classified as confidential by the commission department.
2896
Divulgence of proprietary information as is requested to be held
2897
confidential, except upon order of a court of competent
2898
jurisdiction or except to an officer of the state entitled to
2899
receive the same in his or her official capacity, is shall be a
2900
misdemeanor of the second degree, punishable as provided in ss.
2902
prohibit the publication or divulgence by other means of data so
2903
classified as to prevent identification of particular accounts or
2904
reports made to the commission department in compliance with s.
2905
377.603 or to prohibit the disclosure of such information to
2906
properly qualified legislative committees. The commission
2907
department shall establish a system which permits reasonable
2908
access to information developed.
2909
Section 43. Section 377.701, Florida Statutes, is amended
2910
to read:
2911
377.701 Petroleum allocation.--
2912
(1) The Florida Energy and Climate Commission Department of
2913
Environmental Protection shall assume the state's role in
2914
petroleum allocation and conservation, including the development
2915
of a fair and equitable petroleum plan. The commission department
2916
shall constitute the responsible state agency for performing the
2917
functions of any federal program delegated to the state, which
2918
relates to petroleum supply, demand, and allocation.
2919
(2) The commission department shall, in addition to
2920
assuming the duties and responsibilities provided by subsection
2921
(1), perform the following:
2922
(a) In projecting available supplies of petroleum,
2923
coordinate with the Department of Revenue to secure information
2924
necessary to assure the sufficiency and accuracy of data
2925
submitted by persons affected by any federal fuel allocation
2926
program.
2927
(b) Require such periodic reports from public and private
2928
sources as may be necessary to the fulfillment of its
2929
responsibilities under this act. Such reports may include:
2930
petroleum use; all sales, including end-user sales, except retail
2931
gasoline and retail fuel oil sales; inventories; expected
2932
supplies and allocations; and petroleum conservation measures.
2933
(c) In cooperation with the Department of Revenue and other
2934
relevant state agencies, provide for long-range studies regarding
2935
the usage of petroleum in the state in order to:
2936
1. Comprehend the consumption of petroleum resources.
2937
2. Predict future petroleum demands in relation to
2938
available resources.
2939
3. Report the results of such studies to the Legislature.
2940
(3) For the purpose of determining accuracy of data, all
2941
state agencies shall timely provide the commission department
2942
with petroleum-use information in a format suitable to the needs
2943
of the allocation program.
2944
(4) A No state employee may not shall divulge or make known
2945
in any manner any proprietary information acquired under this act
2946
if the disclosure of such information would be likely to cause
2947
substantial harm to the competitive position of the person
2948
providing such information and if the person requests that such
2949
information be held confidential, except in accordance with a
2950
court order or in the publication of statistical information
2951
compiled by methods which do would not disclose the identity of
2952
individual suppliers or companies. Such proprietary information
2953
is confidential and exempt from the provisions of s. 119.07(1).
2954
Nothing in this subsection shall be construed to prevent
2955
inspection of reports by the Attorney General, members of the
2956
Legislature, and interested state agencies; however, such
2957
agencies and their employees and members are bound by the
2958
requirements set forth in this subsection.
2959
(5) Any person who willfully fails to submit information
2960
required by this act or submits false information or who violates
2961
any provision of this act commits is guilty of a misdemeanor of
2962
the first degree and shall be punished as provided in ss. 775.082
2963
and 775.083.
2964
Section 44. Section 377.703, Florida Statutes, is amended
2965
to read:
2966
377.703 Additional functions of the commission Department
2967
of Environmental Protection; energy emergency contingency plan;
2968
federal and state conservation programs.--
2969
(1) LEGISLATIVE INTENT.--Recognizing that energy supply and
2970
demand questions have become a major area of concern to the state
2971
and which must be dealt with by effective and well-coordinated
2972
state action, it is the intent of the Legislature to promote the
2973
efficient, effective, and economical management of energy
2974
problems, centralize energy coordination responsibilities,
2975
pinpoint responsibility for conducting energy programs, and
2976
ensure the accountability of state agencies for the
2977
implementation of s. 377.601(4), the state energy policy. It is
2978
the specific intent of the Legislature that nothing in this act
2979
shall in any way change the powers, duties, and responsibilities
2980
assigned by the Florida Electrical Power Plant Siting Act, part
2981
II of chapter 403, or the powers, duties, and responsibilities of
2982
the Florida Public Service Commission.
2983
(2) DEFINITIONS.--
2984
(a) "Coordinate," "coordination," or "coordinating" means
2985
the examination and evaluation of state plans and programs and
2986
the providing of recommendations to the Cabinet, Legislature, and
2987
appropriate state agency on any measures deemed necessary to
2988
ensure that such plans and programs are consistent with state
2989
energy policy.
2990
(b) "Energy conservation" means increased efficiency in the
2991
utilization of energy.
2992
(c) "Energy emergency" means an actual or impending
2993
shortage or curtailment of usable, necessary energy resources,
2994
such that the maintenance of necessary services, the protection
2995
of public health, safety, and welfare, or the maintenance of
2996
basic sound economy is imperiled in any geographical section of
2997
the state or throughout the entire state.
2998
(d) "Energy source" means electricity, fossil fuels, solar
2999
power, wind power, hydroelectric power, nuclear power, or any
3000
other resource which has the capacity to do work.
3001
(e) "Facilities" means any building or structure not
3002
otherwise exempted by the provisions of this act.
3003
(f) "Fuel" means petroleum, crude oil, petroleum product,
3004
coal, natural gas, or any other substance used primarily for its
3005
energy content.
3006
(g) "Local government" means any county, municipality,
3007
regional planning agency, or other special district or local
3008
governmental entity the policies or programs of which may affect
3009
the supply or demand, or both, for energy in the state.
3010
(h) "Promotion" or "promote" means to encourage, aid,
3011
assist, provide technical and financial assistance, or otherwise
3012
seek to plan, develop, and expand.
3013
(i) "Regional planning agency" means those agencies
3014
designated as regional planning agencies by the Department of
3015
Community Affairs.
3016
(j) "Renewable energy resource" means any method, process,
3017
or substance the use of which does not diminish its availability
3018
or abundance, including, but not limited to, biomass conversion,
3019
geothermal energy, solar energy, wind energy, wood fuels derived
3020
from waste, ocean thermal gradient power, hydroelectric power,
3021
and fuels derived from agricultural products.
3022
(2)(3) FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
3023
ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
3024
Environmental Protection shall, in addition to assuming the
3026
perform the following functions consistent with the development
3027
of a state energy policy:
3028
(a) The commission department shall assume the
3029
responsibility for development of an energy emergency contingency
3030
plan to respond to serious shortages of primary and secondary
3031
energy sources. Upon a finding by the Governor, implementation of
3032
any emergency program shall be upon order of the Governor that a
3033
particular kind or type of fuel is, or that the occurrence of an
3034
event which is reasonably expected within 30 days will make the
3035
fuel, in short supply. The commission department shall then
3036
respond by instituting the appropriate measures of the
3037
contingency plan to meet the given emergency or energy shortage.
3038
The Governor may use utilize the provisions of s. 252.36(5) to
3039
carry out any emergency actions required by a serious shortage of
3040
energy sources.
3041
(b) The commission department shall be constitute the
3042
responsible state agency for performing or coordinating the
3043
functions of any federal energy programs delegated to the state,
3044
including energy supply, demand, conservation, or allocation.
3045
(c) The commission department shall analyze present and
3046
proposed federal energy programs and make recommendations
3047
regarding those programs to the Governor.
3048
(d) The commission department shall coordinate efforts to
3049
seek federal support or other support for state energy
3050
activities, including energy conservation, research, or
3051
development, and shall be the state agency responsible for the
3052
coordination of multiagency energy conservation programs and
3053
plans.
3054
(e) The commission department shall analyze energy data
3055
collected and prepare long-range forecasts of energy supply and
3056
demand in coordination with the Florida Public Service
3057
Commission, which shall have responsibility for electricity and
3058
natural gas forecasts. To this end, the forecasts shall contain:
3059
1. An analysis of the relationship of state economic growth
3060
and development to energy supply and demand, including the
3061
constraints to economic growth resulting from energy supply
3062
constraints.
3063
2. Plans for the development of renewable energy resources
3064
and reduction in dependence on depletable energy resources,
3065
particularly oil and natural gas, and an analysis of the extent
3066
to which renewable energy sources are being utilized in the
3067
state.
3068
3. Consideration of alternative scenarios of statewide
3069
energy supply and demand for 5, 10, and 20 years, to identify
3070
strategies for long-range action, including identification of
3071
potential social, economic, and environmental effects.
3072
4. An assessment of the state's energy resources, including
3073
examination of the availability of commercially developable and
3074
imported fuels, and an analysis of anticipated effects on the
3075
state's environment and social services resulting from energy
3076
resource development activities or from energy supply
3077
constraints, or both.
3078
(f) The commission department shall annually prepare and
3079
submit make a report, as requested by to the Governor and or the
3080
Legislature, reflecting its activities and making recommendations
3081
of policies for improvement of the state's response to energy
3082
supply and demand and its effect on the health, safety, and
3083
welfare of the people of Florida. The report shall include a
3084
report from the Florida Public Service Commission on electricity
3085
and natural gas and information on energy conservation programs
3086
conducted and under way in the past year and shall include
3087
recommendations for energy conservation programs for the state,
3088
including, but not limited to, the following factors:
3089
1. Formulation of specific recommendations for improvement
3090
in the efficiency of energy utilization in governmental,
3091
residential, commercial, industrial, and transportation sectors.
3092
2. Collection and dissemination of information relating to
3093
energy conservation.
3094
3. Development and conduct of educational and training
3095
programs relating to energy conservation.
3096
4. An analysis of the ways in which state agencies are
3097
seeking to implement s. 377.601(4), the state energy policy, and
3098
recommendations for better fulfilling this policy.
3099
(g) The commission is authorized department has authority
3101
the provisions of this act.
3102
(h) The commission shall promote Promote the development
3103
and use of renewable energy resources, in conformance with the
3104
provisions of chapter 187 and s. 377.601, by:
3105
1. Establishing goals and strategies for increasing the use
3106
of solar energy in this state.
3107
2. Aiding and promoting the commercialization of solar
3108
energy technology, in cooperation with the Florida Solar Energy
3109
Center, Enterprise Florida, Inc., and any other federal, state,
3110
or local governmental agency which may seek to promote research,
3111
development, and demonstration of solar energy equipment and
3112
technology.
3113
3. Identifying barriers to greater use of solar energy
3114
systems in this state, and developing specific recommendations
3115
for overcoming identified barriers, with findings and
3116
recommendations to be submitted annually in the report to the
3117
Legislature required under paragraph (f).
3118
4. In cooperation with the Department of Environmental
3119
Protection, Department of Transportation, the Department of
3120
Community Affairs, Enterprise Florida, Inc., the Florida Solar
3121
Energy Center, and the Florida Solar Energy Industries
3122
Association, investigating opportunities, pursuant to the
3123
National Energy Policy Act of 1992 and the Housing and Community
3124
Development Act of 1992, and any subsequent federal legislation,
3125
for solar electric vehicles and other solar energy manufacturing,
3126
distribution, installation, and financing efforts which will
3127
enhance this state's position as the leader in solar energy
3128
research, development, and use.
3129
5. Undertaking other initiatives to advance the development
3130
and use of renewable energy resources in this state.
3131
3132
In the exercise of its responsibilities under this paragraph, the
3133
commission department shall seek the assistance of the solar
3134
energy industry in this state and other interested parties and is
3135
authorized to enter into contracts, retain professional
3136
consulting services, and expend funds appropriated by the
3137
Legislature for such purposes.
3138
(i) The commission department shall promote energy
3139
conservation in all energy use sectors throughout the state and
3140
shall constitute the state agency primarily responsible for this
3141
function. To this end, the department shall coordinate the energy
3142
conservation programs of all state agencies and review and
3143
comment on the energy conservation programs of all state
3144
agencies.
3145
(j) The commission department shall serve as the state
3146
clearinghouse for indexing and gathering all information related
3147
to energy programs in state universities, in private
3148
universities, in federal, state, and local government agencies,
3149
and in private industry and shall prepare and distribute such
3150
information in any manner necessary to inform and advise the
3151
citizens of the state of such programs and activities. This
3152
includes shall include developing and maintaining a current index
3153
and profile of all research activities, which shall be identified
3154
by energy area and may include a summary of the project, the
3155
amount and sources of funding, anticipated completion dates, or,
3156
in case of completed research, conclusions, recommendations, and
3157
applicability to state government and private sector functions.
3158
The commission department shall coordinate, promote, and respond
3159
to efforts by all sectors of the economy to seek financial
3160
support for energy activities. The commission department shall
3161
provide information to consumers regarding the anticipated
3162
energy-use and energy-saving characteristics of products and
3163
services in coordination with any federal, state, or local
3164
governmental agencies that as may provide such information to
3165
consumers.
3166
(k) The commission department shall coordinate energy-
3167
related programs of state government, including, but not limited
3168
to, the programs provided in this section. To this end, the
3169
commission department shall:
3170
1. Provide assistance to other state agencies, counties,
3171
municipalities, and regional planning agencies to further and
3172
promote their energy planning activities.
3173
2. Require, in cooperation with the Department of
3174
Management Services, all state agencies to operate state-owned
3175
and state-leased buildings in accordance with energy conservation
3176
standards as adopted by the Department of Management Services.
3177
Every 3 months, the Department of Management Services shall
3178
furnish the commission department data on agencies' energy
3179
consumption and emissions of greenhouse gases in a format
3180
prescribed by the commission. mutually agreed upon by the two
3181
departments.
3182
3. Promote the development and use of renewable energy
3183
resources, energy efficiency technologies, and conservation
3184
measures.
3185
4. Promote the recovery of energy from wastes, including,
3186
but not limited to, the use of waste heat, the use of
3187
agricultural products as a source of energy, and recycling of
3188
manufactured products. Such promotion shall be conducted in
3189
conjunction with, and after consultation with, the Department of
3190
Environmental Protection, the Florida Public Service Commission
3191
if where electrical generation or natural gas is involved, and
3192
any other relevant federal, state, or local governmental agency
3193
having responsibility for resource recovery programs.
3194
(l) The commission department shall develop, coordinate,
3195
and promote a comprehensive research plan for state programs.
3196
Such plan shall be consistent with state energy policy and shall
3197
be updated on a biennial basis.
3198
(m) In recognition of the devastation to the economy of
3199
this state and the dangers to the health and welfare of state
3200
residents of this state caused by severe hurricanes, Hurricane
3201
Andrew, and the potential for such impacts caused by other
3202
natural disasters, the commission department shall include in its
3203
energy emergency contingency plan and provide to the Florida
3204
Building Commission Department of Community Affairs for inclusion
3205
in the Florida Energy Efficiency Code for Building Construction
3206
state model energy efficiency building code specific provisions
3207
to facilitate the use of cost-effective solar energy technologies
3208
as emergency remedial and preventive measures for providing
3209
electric power, street lighting, and water heating service in the
3210
event of electric power outages.
3211
(3)(4) The commission department shall be responsible for
3212
the administration of the Coastal Energy Impact Program provided
3213
for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
3214
Section 45. Paragraph (a) of subsection (2) of section
3215
377.705, Florida Statutes, is amended to read:
3216
377.705 Solar Energy Center; development of solar energy
3217
standards.--
3218
(2) LEGISLATIVE FINDINGS AND INTENT.--
3219
(a) The Legislature recognizes that if present trends
3220
continue, Florida will increase present energy consumption
3221
sixfold by the year 2000. Because of this dramatic increase and
3222
because existing domestic conventional energy resources will not
3223
provide sufficient energy to meet the nation's future needs, new
3224
sources of energy must be developed and applied. One such source,
3225
solar energy, has been in limited use in Florida for 30 years.
3226
Applications of incident solar energy, the use of solar radiation
3227
to provide energy for water heating, space heating, space
3228
cooling, and other uses, through suitable absorbing equipment on
3229
or near a residence or commercial structure, must be extensively
3230
expanded. Unfortunately, the initial costs with regard to the
3231
production of solar energy have been prohibitively expensive.
3232
However, because of increases in the cost of conventional fuel,
3233
certain applications of solar energy are becoming competitive,
3234
particularly when life-cycle costs are considered. It is the
3235
intent of the Legislature in formulating a sound and balanced
3236
energy policy for the state to encourage the development of an
3237
alternative energy capability in the form of incident solar
3238
energy.
3239
Section 46. Section 377.801, Florida Statutes, is amended
3240
to read:
3242
as the "Florida Energy and Climate Protection Florida Renewable
3243
Energy Technologies and Energy Efficiency Act."
3244
Section 47. Section 377.802, Florida Statutes, is amended
3245
to read:
3246
377.802 Purpose.--This act is intended to provide
3247
incentives for Florida's citizens, businesses, school districts
3248
and local governments to take action to diversify Florida's
3249
energy supplies, reduce dependence on foreign oil, and mitigate
3250
the effects of climate change by providing funding for activities
3251
designed to achieve these goals. The grant programs in this act
3252
are intended to stimulate capital investment and enhance the
3253
market for renewable energy technologies and technologies
3254
intended to diversify Florida's energy supplies, reduce
3255
dependence on foreign oil, and combat or limit climate change
3256
impacts. This act is also intended to provide incentives for the
3257
purchase of energy-efficient appliances and rebates for solar
3258
energy equipment installations for residential and commercial
3259
buildings matching grants to stimulate capital investment in the
3260
state and to enhance the market for and promote the statewide
3261
utilization of renewable energy technologies. The targeted grants
3262
program is designed to advance the already growing establishment
3263
of renewable energy technologies in the state and encourage the
3264
use of other incentives such as tax exemptions and regulatory
3265
certainty to attract additional renewable energy technology
3266
producers, developers, and users to the state. This act is also
3267
intended to provide incentives for the purchase of energy-
3268
efficient appliances and rebates for solar energy equipment
3269
installations for residential and commercial buildings.
3270
Section 48. Section 377.803, Florida Statutes, is amended
3271
to read:
3273
term:
3274
(1) "Act" means the Florida Energy and Climate Protection
3275
Act Florida Renewable Energy Technologies and Energy Efficiency
3276
Act.
3277
(2) "Approved metering equipment" means a device capable of
3278
measuring the energy output of a solar thermal system that has
3279
been approved by the commission.
3280
(2)(3) "Commission" means the Florida Public Service
3281
Commission.
3282
(4) "Department" means the Department of Environmental
3283
Protection.
3284
(3)(5) "Person" means an individual, partnership, joint
3285
venture, private or public corporation, association, firm, public
3286
service company, or any other public or private entity.
3287
(4)(6) "Renewable energy" means electrical, mechanical, or
3288
thermal energy produced from a method that uses one or more of
3289
the following fuels or energy sources: hydrogen, biomass, solar
3290
energy, geothermal energy, wind energy, ocean energy, waste heat,
3291
or hydroelectric power.
3292
(5)(7) "Renewable energy technology" means any technology
3293
that generates or utilizes a renewable energy resource.
3294
(6)(8) "Solar energy system" means equipment that provides
3295
for the collection and use of incident solar energy for water
3296
heating, space heating or cooling, or other applications that
3297
would normally require a conventional source of energy such as
3298
petroleum products, natural gas, or electricity that performs
3299
primarily with solar energy. In other systems in which solar
3300
energy is used in a supplemental way, only those components that
3301
collect and transfer solar energy are shall be included in this
3302
definition.
3303
(7)(9) "Solar photovoltaic system" means a device that
3304
converts incident sunlight into electrical current.
3305
(8)(10) "Solar thermal system" means a device that traps
3306
heat from incident sunlight in order to heat water.
3307
Section 49. Section 377.804, Florida Statutes, as amended
3308
by section 52 of chapter 2007-73, Laws of Florida, is amended to
3309
read:
3310
377.804 Renewable Energy and Energy Efficient Technologies
3311
Grants Program.--
3312
(1) The Renewable Energy and Energy Efficient Technologies
3313
Grants Program is established within the commission department to
3314
provide renewable energy matching grants for demonstration,
3315
commercialization, research, and development projects relating to
3316
renewable energy technologies and innovative technologies that
3317
significantly increase energy efficiency for vehicles and
3318
commercial buildings.
3319
(2) Matching grants for renewable energy technology
3320
demonstration, commercialization, research, and development
3321
projects may be made to any of the following:
3322
(a) Municipalities and county governments.
3323
(b) Established for-profit companies licensed to do
3324
business in the state.
3325
(c) Universities and colleges in the state.
3326
(d) Utilities located and operating within the state.
3327
(e) Not-for-profit organizations.
3328
(f) Other qualified persons, as determined by the
3329
commission department.
3330
(3) The department may adopt rules pursuant to ss.
3332
provide for ranking of applications, and administer the awarding
3333
of grants under this program, and develop policies requiring
3334
grantees to provide royalty-sharing or licensing agreements with
3335
the state for commercialized products developed under a state
3336
grant. All grants may be reviewed by a peer-review process of
3337
experts. Up to 5 percent of all grants may be used to pay review
3338
expenses, if necessary.
3339
(4) Factors the commission department shall consider in
3340
awarding grants include, but are not limited to:
3341
(a) The availability of matching funds or other in-kind
3342
contributions applied to the total project from an applicant. The
3343
commission department shall give greater preference to projects
3344
that provide such matching funds or other in-kind contributions.
3345
(b) The degree to which the project stimulates in-state
3346
capital investment and economic development in metropolitan and
3347
rural areas, including the creation of jobs and the future
3348
development of a commercial market for renewable energy
3349
technologies.
3350
(c) The extent to which the proposed project has been
3351
demonstrated to be technically feasible based on pilot project
3352
demonstrations, laboratory testing, scientific modeling, or
3353
engineering or chemical theory that supports the proposal.
3354
(d) The degree to which the project incorporates an
3355
innovative new technology or an innovative application of an
3356
existing technology.
3357
(e) The degree to which a project generates thermal,
3358
mechanical, or electrical energy by means of a renewable energy
3359
resource that has substantial long-term production potential.
3360
(f) The degree to which a project demonstrates efficient
3361
use of energy and material resources.
3362
(g) The degree to which the project fosters overall
3363
understanding and appreciation of renewable energy technologies.
3364
(h) The ability to administer a complete project.
3365
(i) Project duration and timeline for expenditures.
3366
(j) The geographic area in which the project is to be
3367
conducted in relation to other projects.
3368
(k) The degree of public visibility and interaction.
3369
(5) The commission department shall solicit the expertise
3370
of other state agencies in evaluating project proposals. State
3371
agencies shall cooperate with the commission Department of
3372
Environmental Protection and provide such assistance as
3373
requested.
3374
(6) The commission department shall coordinate and actively
3375
consult with the Department of Agriculture and Consumer Services
3376
during the review and approval process of grants relating to
3377
bioenergy projects for renewable energy technology, and the
3378
departments shall jointly determine the grant awards to these
3379
bioenergy projects. No grant funding shall be awarded to any
3380
bioenergy project without such joint approval. Factors for
3381
consideration in awarding grants may include, but are not limited
3382
to, the degree to which:
3383
(a) The project stimulates in-state capital investment and
3384
economic development in metropolitan and rural areas, including
3385
the creation of jobs and the future development of a commercial
3386
market for bioenergy.
3387
(b) The project produces bioenergy from Florida-grown crops
3388
or biomass.
3389
(c) The project demonstrates efficient use of energy and
3390
material resources.
3391
(d) The project fosters overall understanding and
3392
appreciation of bioenergy technologies.
3393
(e) Matching funds and in-kind contributions from an
3394
applicant are available.
3395
(f) The project duration and the timeline for expenditures
3396
are acceptable.
3397
(g) The project has a reasonable assurance of enhancing the
3398
value of agricultural products or will expand agribusiness in the
3399
state.
3400
(h) Preliminary market and feasibility research has been
3401
conducted by the applicant or others and shows there is a
3402
reasonable assurance of a potential market.
3403
(7) Each application must be accompanied by an affidavit
3404
from the applicant attesting to the veracity of the statements
3405
contained in the application.
3406
Section 50. Section 377.808, Florida Statutes, is created
3407
to read:
3408
377.808 Florida Green Government Grants Act.--
3409
(1) This section may be cited as the "Florida Green
3410
Government Grants Act."
3411
(2) The Florida Energy and Climate Commission shall use
3412
funds specifically appropriated to award grants under this
3413
section to assist local governments, including municipalities,
3414
counties, and school districts, in the development of programs
3415
that achieve green standards. Those standards shall be determined
3416
by the commission and must provide for cost-efficient solutions,
3417
reducing greenhouse gas emissions, improving quality of life, and
3418
strengthening this state's economy.
3419
(3) The commission shall adopt rules pursuant to chapter
3420
120 to administer the grants provided for in this section. In
3421
accordance with such rules, the commission may provide grants
3422
from funds specifically appropriated for this purpose to local
3423
governments for the costs of achieving green standards, including
3424
necessary administrative expenses. The rules of the commission
3425
must:
3426
(a) Designate one or more suitable green government
3427
standards framework from which local governments may develop a
3428
greening government initiative, and from which projects may be
3429
eligible for funding pursuant to this statute may be developed.
3430
(b) Require projects that plan, design, construct, upgrade,
3431
or replace facilities be cost-effective, environmentally sound,
3432
reduce greenhouse gas emissions, and be permittable and
3433
implementable.
3434
(c) Require local governments to match state funds with
3435
direct project cost share or in-kind services.
3436
(d) Provide for a scale of matching requirements for local
3437
governments on the basis of population in order to assist rural
3438
and undeveloped areas of the state with any financial burden of
3439
addressing climate change impacts.
3440
(e) Require grant applications to be submitted on
3441
appropriate forms developed and adopted by the commission with
3442
appropriate supporting documentation and require records to be
3443
maintained.
3444
(f) Establish a system to determine the relative priority
3445
of grant applications. The system must consider greenhouse gas
3446
reductions, energy savings and efficiencies, and proven
3447
technologies.
3448
(g) Establish requirements for competitive procurement of
3449
engineering and construction services, materials, and equipment.
3450
(h) Provide for the termination of grants when program
3451
requirements are not met.
3452
(4) Each local government is limited to not more than two
3453
grant applications during each application period announced by
3454
the commission. A local government may not have more than three
3455
active projects expending grant funds during any state fiscal
3456
year.
3457
(5) The commission shall perform adequate overview of each
3458
grant, which may include technical review, site inspections,
3459
disbursement approvals, and auditing to successfully implement
3460
this section.
3461
Section 51. Section 377.901, Florida Statutes, is repealed.
3462
Section 52. All of the records, property, unexpended
3463
balances of appropriations and personnel related to the Florida
3464
Energy Commission for the administration and implementation of s.
3465
377.901, Florida Statutes, shall be transferred from the Office
3466
of Legislative Services to the Executive Office of the Governor.
3467
The Executive Office of the Governor is authorized to establish
3468
four full time equivalent positions to staff the Florida Energy
3469
and Climate Commission.
3470
Section 53. Section 377.921, Florida Statutes, is created
3471
to read:
3472
377.921 Qualified solar energy system program.--The
3473
Legislature finds that qualified solar energy systems provide
3474
fuel savings and can help protect against future electricity and
3475
natural gas shortages, reduce the state's dependence on foreign
3476
sources of energy, and improve environmental conditions. The
3477
Legislature further finds that the deployment of qualified solar
3478
energy systems advances Florida's goals of promoting energy
3479
efficiency and the development of renewable energy resources.
3480
Therefore, the Legislature finds that it is in the public
3481
interest to encourage public utilities to develop and implement
3482
programs that promote the deployment and use of qualified solar
3483
energy systems.
3484
(2) As used in this section:
3485
(a) "Qualified solar energy system" means a solar thermal
3486
water heating system installed at a customer's premises under a
3487
program administered and facilitated by a public utility. In
3488
order for a system to be deemed as qualified under this section,
3489
the public utility must incur all costs of the purchase and
3490
installation of the system, whether directly or indirectly
3491
through a customer rebate.
3492
(b) "Public utility" or "utility" means a utility as
3493
defined in s. 366.02(1).
3494
(c) "Eligible program" means a program developed by a
3495
public utility and approved by the commission pursuant to
3496
subsection (5) under which the utility facilitates the
3497
installation of solar thermal water heating systems at a utility
3498
customer's premises.
3499
(d) "Program fuel cost savings" means the total fuel cost
3500
savings that a utility is projected to achieve from all solar
3501
thermal water heating systems installed at a customer's premises
3502
over the life of the qualified solar energy system.
3503
(e) "Program costs" means all costs incurred in
3504
implementing an eligible program, including, but not limited to:
3505
1. In-service capital investments, including the utility's
3506
last authorized rate of return thereon; and
3507
2. Operating and maintenance expense, including, but not
3508
limited to, labor, overhead, materials, advertising, marketing,
3509
customer incentives, or rebates.
3510
(3) Notwithstanding any provision in chapter 366 or rule to
3511
the contrary, a public utility shall be allowed to recover
3512
through the energy conservation cost-recovery clause, either as
3513
period expenses or by capitalizing and amortizing, all prudent
3514
and reasonable program costs incurred in implementing an eligible
3515
program. With respect to any solar hot water heating system, the
3516
amortization period shall be 5 years.
3517
(4) Notwithstanding any provision in chapter 366 or rule to
3518
the contrary, and in addition to recovery under subsection (3), a
3519
utility shall be allowed to recover through the fuel cost-
3520
recovery clause beginning in the year each solar thermal water
3521
heating system begins operation 50 percent of any such program
3522
fuel cost savings for five years from the installation date. The
3523
remaining 50 percent of fuel saving shall be returned to the
3524
utility's customers through the fuel cost-recovery clause.
3525
(5) Notwithstanding any provision in chapter 366 or rule to
3526
the contrary, the commission shall enter an order approving a
3527
public utility's qualified solar energy system program if the
3528
utility demonstrates in a petition that:
3529
(a) The qualified solar energy systems to be installed as
3530
part of the program at minimum meet applicable Solar Rating and
3531
Certification Corporation OG-300 certification requirements.
3532
(b) The qualified solar energy systems are constructed and
3533
installed in conformity with the manufacturer's specifications
3534
and all applicable codes and standards.
3535
(6) Within 60 days after receiving a petition to approve a
3536
qualified solar energy system program, the commission shall
3537
approve the petition or inform the utility of any deficiencies
3538
therein. If the commission informs the utility of deficiencies,
3539
the utility may correct those deficiencies and refile its
3540
petition to approve the qualified solar energy system program.
3541
(7) In order to encourage public utilities to promote the
3542
deployment and use of qualified solar energy systems, the public
3543
utility shall own the renewable attributes or benefits associated
3544
with the energy output of a qualified solar energy system
3545
installed pursuant to an eligible program, including any
3546
renewable energy credit or other instrument issued as a result of
3547
the utility's eligible program.
3548
(8) This section shall sunset on June 30, 2011 unless
3549
reenacted by the Legislature. Utilities may not enroll new
3550
customers in the qualified solar energy program after June 30,
3551
2011 unless this section is reenacted.
3552
Section 54. Paragraph (c) of subsection (3) of section
3553
380.23, Florida Statutes, is amended to read:
3554
380.23 Federal consistency.--
3555
(3) Consistency review shall be limited to review of the
3556
following activities, uses, and projects to ensure that such
3557
activities, uses, and projects are conducted in accordance with
3558
the state's coastal management program:
3559
(c) Federally licensed or permitted activities affecting
3560
land or water uses when such activities are in or seaward of the
3561
jurisdiction of local governments required to develop a coastal
3562
zone protection element as provided in s. 380.24 and when such
3563
activities involve:
3564
1. Permits and licenses required under the Rivers and
3565
Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3566
2. Permits and licenses required under the Marine
3567
Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3568
1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3569
3. Permits and licenses required under the Federal Water
3570
Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3571
amended, unless such permitting activities have been delegated to
3572
the state pursuant to said act.
3573
4. Permits and licenses relating to the transportation of
3574
hazardous substance materials or transportation and dumping which
3575
are issued pursuant to the Hazardous Materials Transportation
3576
Act, 49 U.S.C. ss. 1501 et seq., as amended, or 33 U.S.C. s.
3577
1321, as amended.
3578
5. Permits and licenses required under 15 U.S.C. ss. 717-
3579
717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss. 1331-
3580
1356 for construction and operation of interstate gas pipelines
3581
and storage facilities.
3582
6. Permits and licenses required for the siting and
3583
construction of any new electrical power plants as defined in s.
3585
relicensing of hydroelectric power plants under the Federal Power
3586
Act, 16 U.S.C. ss. 791a et seq., as amended.
3587
7. Permits and licenses required under the Mining Law of
3588
1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3589
Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3590
Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3591
amended; the Federal Land Policy and Management Act, 43 U.S.C.
3592
ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3593
U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3594
U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3595
pipelines, geological and geophysical activities, or rights-of-
3596
way on public lands and permits and licenses required under the
3597
Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3598
amended.
3599
8. Permits and licenses for areas leased under the OCS
3600
Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3601
leases and approvals of exploration, development, and production
3602
plans.
3603
9. Permits and licenses required under the Deepwater Port
3604
Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3605
10. Permits required for the taking of marine mammals under
3606
the Marine Mammal Protection Act of 1972, as amended, 16 U.S.C.
3607
s. 1374.
3608
Section 55. Subsection (20) of section 403.031, Florida
3609
Statutes, is amended to read:
3610
403.031 Definitions.--In construing this chapter, or rules
3611
and regulations adopted pursuant hereto, the following words,
3612
phrases, or terms, unless the context otherwise indicates, have
3613
the following meanings:
3614
(20) "Electrical power plant" means, for purposes of this
3615
part of this chapter, any electrical generating facility that
3616
uses any process or fuel and that is owned or operated by an
3618
and includes any associated facility that directly supports the
3619
operation of the electrical power plant.
3620
Section 56. Section 403.44, Florida Statutes, is created to
3621
read:
3622
403.44 Florida Climate Protection Act.--
3623
(1) The Legislature finds it is in the best interest of
3624
this state to document, to the greatest extent practicable,
3625
greenhouse gas (GHG) emissions and to pursue a market-based
3626
emissions abatement program, such as cap-and-trade, to address
3627
GHG emissions reductions.
3628
(2) As used in this section, the term:
3629
(a) "Allowance" means a credit issued by the department
3630
through allotments or auction which represents an authorization
3631
to emit specific amounts of greenhouse gases, as further defined
3632
in department rule.
3633
(b) "Cap-and-trade" or "emissions trading" means an
3634
administrative approach used to control pollution by providing a
3635
limit on total allowable emissions, providing for allowances to
3636
emit pollutants, and providing for the transfer of the allowances
3637
among pollutant sources as a means of compliance with emission
3638
limits.
3639
(c) "Greenhouse gas" means carbon dioxide, methane, nitrous
3640
oxide, and fluorinated gases such as hydrofluorocarbons,
3641
perfluorocarbons, and sulfur hexafluoride.
3642
(d) "Leakage" means the offset of emission abatement that
3643
is achieved in one location subject to emission control
3644
regulation by increased emissions in unregulated locations.
3645
(e) "Major emitter" means an electric utility regulated
3646
under this chapter.
3647
(3) A major emitter must use The Climate Registry for
3648
purposes of emission registration and reporting.
3649
(4) The Department of Environmental Protection shall
3650
establish the methodologies, reporting periods, and reporting
3651
systems that must be used when major emitters report to The
3652
Climate Registry. The department may require the use of quality
3653
assured data from continuous emissions-monitoring systems.
3654
(5) The department may adopt rules for a cap-and-trade
3655
regulatory program to reduce greenhouse gas emissions from major
3656
emitters. When developing the rules, the department shall consult
3657
with the Florida Energy and Climate Commission and the Public
3658
Service Commission, and may consult with the Governor's Action
3659
Team for Energy and Climate Change. The department shall not
3660
adopt rules until after January 1, 2010. The rules shall not
3661
become effective until ratified by the Legislature.
3662
(6) The rules of the cap-and-trade regulatory program shall
3663
include, but are not limited to:
3664
(a) A statewide limit or cap on the amount of GHG emissions
3665
emitted by major emitters.
3666
(b) Methods, requirements, and conditions for allocating
3667
the cap among major emitters.
3668
(c) Methods, requirements, and conditions for emissions
3669
allowances and the process for issuing emissions allowances.
3670
(d) The relationship between allowances and the specific
3671
amounts of greenhouse gases they represent.
3672
(e) The length of allowance periods and the time over which
3673
entities must account for emissions and surrender allowances
3674
equal to emissions.
3675
(f) The time path of allowances from the initiation of the
3676
program through to 2050.
3677
(g) A process for the trade of allowances between major
3678
emitters, including a registry, tracking, or accounting system
3679
for such trades.
3680
(h) Cost containment mechanisms to reduce price and cost
3681
risks associated with the electric generation market in this
3682
state. Cost containment mechanisms to be considered for inclusion
3683
in the rule include, but are not limited to:
3684
1. Allowing major emitters to borrow allowances from
3685
future time periods to meet their emission limit.
3686
2. Allowing major emitters to bank emission reductions in
3687
the current year to be used to meet emission limits in future
3688
years.
3689
3. Allowing major emitters to purchase emissions offsets
3690
from other entities who produce verifiable reductions in
3691
unregulated greenhouse gas emissions or who produce verifiable
3692
reductions in greenhouse gases through voluntary practices that
3693
capture and store greenhouse gases that otherwise would be
3694
released into the atmosphere. In considering this cost
3695
containment mechanism, the department shall identify sectors and
3696
activities outside of the capped sectors, including other state
3697
or international activities, and the conditions under which
3698
reductions there can be credited against emissions of capped
3699
entities in place of allowances issued by the department. The
3700
department shall also consider potential methods, and their
3701
effectiveness, to avoid double-incentivizing such activities.
3702
4. Providing a safety valve mechanism to ensure that the
3703
market prices for allowances or offsets do not surpass a
3704
predetermined level compatible with the affordability of electric
3705
utility rates and the well being of the state's economy. In
3706
considering this cost containment mechanism, the department shall
3707
evaluate different price levels for the safety valve and methods
3708
to change the price level over time to reflect changing state,
3709
federal and international markets, regulatory environments, and
3710
technological advancements.
3711
3712
In considering cost containment mechanisms for inclusion in the
3713
rule, the department shall evaluate the anticipated overall
3714
effect of each mechanism on the abatement of greenhouse gas
3715
emissions, electricity rate payers, and the benefits and costs of
3716
each to the state's economy, and shall also consider the
3717
interrelationships between the mechanisms under consideration.
3718
(i) A process to allow the department to exercise its
3719
authority to discourage leakage of GHG emissions to neighboring
3720
states attributable to the implementation of this program.
3721
(j) Provisions for a trial period on the trading of
3722
allowances before full implementation of a trading system.
3723
(7) In recommending and evaluating proposed features of the
3724
cap and trade system, the following factors shall be considered:
3725
(a) The overall cost-effectiveness of the cap and trade
3726
system in combination with other policies and measures in meeting
3727
statewide targets.
3728
(b) Minimizing the administrative burden to the state of
3729
implementing, monitoring and enforcing the program.
3730
(c) Minimizing the administrative burden on entities
3731
covered under the cap.
3732
(d) The impacts on electricity prices for consumers.
3733
(e) The specific benefits to Florida's economy for early
3734
adoption of a cap-and-trade system for greenhouse gases in the
3735
context of a federal climate change legislation and the
3736
development of international compacts.
3737
(f) The specific benefits to Florida's economy associated
3738
with the creation and sale of emissions offsets from economic
3739
sectors outside of the emissions cap.
3740
(g) The potential effects of leakage if economic activity
3741
relocates out of the state.
3742
(h) The effectiveness of the combination of measures in
3743
meeting identified targets.
3744
(i) The implications for near-term periods of long run
3745
targets specified in the overall policy.
3746
(j) The overall costs and benefits of a cap-and-trade
3747
system to the economy of this state.
3748
(k) How to moderate impacts on low income consumers that
3749
result from energy price increases.
3750
(l) Consistency of the program with other state and
3751
possible Federal efforts.
3752
(m) The feasibility and const-effectiveness of extending
3753
the program scope as broadly as possible among emitting
3754
activities and sinks in Florida.
3755
(n) Evaluation of the conditions under which Florida should
3756
consider linking its trading system to other states' or other
3757
countries' systems, and how that might be affected by the
3758
potential inclusion in the rule of safety valve.
3759
(8) Recognizing that the international, national,
3760
neighboring state policies and the science of climate change will
3761
evolve, prior to submitting the proposed rules to the Legislature
3762
for its consideration, the department shall submit the proposed
3763
rules to the Florida Energy and Climate Commission, which shall
3764
review the proposed rule and submit a report to the Governor, the
3765
President of the Florida Senate, the Speaker of the Florida House
3766
of Representatives, and the department. The report shall address:
3767
(a) The overall cost-effectiveness of the proposed cap and
3768
trade system in combination with other policies and measures in
3769
meeting statewide targets.
3770
(b) The administrative burden to the state of implementing,
3771
monitoring and enforcing the program.
3772
(c) The administrative burden on entities covered under the
3773
cap.
3774
(d) The impacts on electricity prices for consumers.
3775
(e) The specific benefits to Florida's economy for early
3776
adoption of a cap-and-trade system for greenhouse gases in the
3777
context of federal climate change legislation and development of
3778
new international compacts.
3779
(f) The specific benefits to Florida's economy associated
3780
with the creation and sale of emissions offsets from economic
3781
sectors outside the emissions cap.
3782
(g) The potential effects on leakage if economic activity
3783
relocates out of the state.
3784
(h) The effectiveness of the combination of measures in
3785
meeting identified targets.
3786
(i) The economic implications for near-term periods of
3787
short-term and long-term targets specified in the overall policy.
3788
(j) The overall costs and benefits of a cap-and-trade
3789
system to the economy of this state.
3790
(k) The impacts on low income consumers that result from
3791
energy price increases.
3792
(l) The consistency of the program with other states and
3793
possible Federal efforts.
3794
(m) The evaluation of the conditions under which Florida
3795
should consider linking its trading system to other states' or
3796
other countries' systems, and how that might be affected by the
3797
potential inclusion in the rule of a safety valve.
3798
(n) The timing and changes in the external environment,
3799
such as proposals by other states or implementation of a Federal
3800
program that would spur reevaluation of the Florida program.
3801
(o) The conditions and options for eliminating the Florida
3802
program if a Federal program were to supplant it.
3803
(p) The need for a regular re-evaluation of the progress of
3804
other emitting regions of the country and of the world, and
3805
whether other regions are abating emissions in a commensurate
3806
manner.
3807
(q) The desirability of and possibilities of broadening the
3808
scope of Florida's cap and trade system at a later date to
3809
include more emitting activities as well as sinks in Florida, and
3810
the conditions that would need to be met to do so, as well as how
3811
the program would encourage these conditions to be met such as
3812
developing monitoring and measuring techniques for land use
3813
emissions and sinks, regulating sources up stream, and other
3814
considerations.
3815
Section 57. Section 403.502, Florida Statutes, is amended
3816
to read:
3817
403.502 Legislative intent.--The Legislature finds that the
3818
present and predicted growth in electric power demands in this
3819
state requires the development of a procedure for the selection
3820
and utilization of sites for electrical generating facilities and
3821
the identification of a state position with respect to each
3822
proposed site and its associated facilities. The Legislature
3823
recognizes that the selection of sites and the routing of
3824
associated facilities including transmission lines will have a
3825
significant impact upon the welfare of the population, the
3826
location and growth of industry, and the use of the natural
3827
resources of the state. The Legislature finds that the efficiency
3828
of the permit application and review process at both the state
3829
and local level would be improved with the implementation of a
3830
process whereby a permit application would be centrally
3831
coordinated and all permit decisions could be reviewed on the
3832
basis of standards and recommendations of the deciding agencies.
3833
It is the policy of this state that, while recognizing the
3834
pressing need for increased power generation facilities, the
3835
state shall ensure through available and reasonable methods that
3836
the location and operation of electrical power plants will
3837
produce minimal adverse effects on human health, the environment,
3838
the ecology of the land and its wildlife, and the ecology of
3839
state waters and their aquatic life and will not unduly conflict
3840
with the goals established by the applicable local comprehensive
3841
plans. It is the intent to seek courses of action that will fully
3842
balance the increasing demands for electrical power plant
3843
location and operation with the broad interests of the public.
3844
Such action will be based on these premises:
3845
(1) To assure the citizens of Florida that operation
3846
safeguards are technically sufficient for their welfare and
3847
protection.
3848
(2) To effect a reasonable balance between the need for the
3849
facility and the environmental impact resulting from construction
3850
and operation of the facility, including air and water quality,
3851
fish and wildlife, and the water resources and other natural
3852
resources of the state.
3853
(3) To meet the need for electrical energy as established
3854
pursuant to s. 403.519.
3855
(4) To assure the citizens of Florida that renewable energy
3856
sources and technologies, as well as conservation measures, are
3857
utilized to the extent reasonably available.
3858
Section 58. Section 403.503, Florida Statutes, is amended
3859
to read:
3860
403.503 Definitions relating to Florida Electrical Power
3861
Plant Siting Act.--As used in this act:
3862
(1) "Act" means the Florida Electrical Power Plant Siting
3863
Act.
3864
(2) "Agency," as the context requires, means an official,
3865
officer, commission, authority, council, committee, department,
3866
division, bureau, board, section, or other unit or entity of
3867
government, including a regional or local governmental entity.
3868
(3) "Alternative corridor" means an area that is proposed
3869
by the applicant or a third party within which all or part of an
3870
associated electrical transmission line right-of-way is to be
3871
located and that is different from the preferred transmission
3872
line corridor proposed by the applicant. The width of the
3873
alternate corridor proposed for certification for an associated
3874
electrical transmission line may be the width of the proposed
3875
right-of-way or a wider boundary not to exceed a width of one
3876
mile. The area within the alternate corridor may be further
3877
restricted as a condition of certification. The alternate
3878
corridor may include alternate electrical substation sites if the
3879
applicant has proposed an electrical substation as part of the
3880
portion of the proposed electrical transmission line.
3881
(4)(3) "Amendment" means a material change in the
3882
information provided by the applicant to the application for
3883
certification made after the initial application filing.
3884
(5)(4) "Applicant" means any electric utility which applies
3885
for certification pursuant to the provisions of this act.
3886
(6)(5) "Application" means the documents required by the
3887
department to be filed to initiate a certification review and
3888
evaluation, including the initial document filing, amendments,
3889
and responses to requests from the department for additional data
3890
and information.
3891
(7)(6) "Associated facilities" means, for the purpose of
3892
certification, those on-site and off-site facilities which
3893
directly support the construction and operation of the electrical
3894
generating facility power plant such as electrical transmission
3895
lines, substations, and fuel unloading facilities; pipelines
3896
necessary for transporting fuel for the operation of the facility
3897
or other fuel transportation facilities; water or wastewater
3898
transport pipelines; construction, maintenance, and access roads;
3899
and railway lines necessary for transport of construction
3900
equipment or fuel for the operation of the facility.
3901
(8)(7) "Board" means the Governor and Cabinet sitting as
3902
the siting board.
3903
(9)(8) "Certification" means the written order of the
3904
board, or Secretary when applicable, approving an application for
3905
the licensing of an electrical power plant, in whole or with such
3906
changes or conditions as the board, or Secretary when applicable,
3907
may deem appropriate.
3908
(10)(9) "Completeness" means that the application has
3909
addressed all applicable sections of the prescribed application
3910
format, and that those sections are sufficient in
3911
comprehensiveness of data or in quality of information provided
3912
to allow the department to determine whether the application
3913
provides the reviewing agencies adequate information to prepare
3914
the reports required by s. 403.507.
3915
(11)(10) "Corridor" means the proposed area within which an
3916
associated linear facility right-of-way is to be located. The
3917
width of the corridor proposed for certification as an associated
3918
facility, at the option of the applicant, may be the width of the
3919
right-of-way or a wider boundary, not to exceed a width of 1
3920
mile. The area within the corridor in which a right-of-way may be
3921
located may be further restricted by a condition of
3922
certification. After all property interests required for the
3923
right-of-way have been acquired by the licensee, the boundaries
3924
of the area certified shall narrow to only that land within the
3925
boundaries of the right-of-way. The corridors proper for
3926
certification shall be those addressed in the application, in
3927
amendments to the application filed under s. 403.5064, and in
3928
notices of acceptance of proposed alternate corridors filed by an
3929
applicant and the department pursuant to s. 403.5271 as
3930
incorporated by reference in s. 403.5064(1)(b) for which the
3931
required information for the preparation of agency supplemental
3932
reports was filed.
3933
(12)(11) "Department" means the Department of Environmental
3934
Protection.
3935
(13)(12) "Designated administrative law judge" means the
3936
administrative law judge assigned by the Division of
3937
Administrative Hearings pursuant to chapter 120 to conduct the
3938
hearings required by this act.
3939
(14)(13) "Electrical power plant" means, for the purpose of
3940
certification, any steam or solar electrical generating facility
3941
using any process or fuel, including nuclear materials, except
3942
that this term does not include any steam or solar electrical
3943
generating facility of less than 75 megawatts in capacity unless
3944
the applicant for such a facility elects to apply for
3945
certification under this act. This term also includes the site,
3946
all associated facilities that will to be owned by the applicant
3947
that which are physically connected to the electrical power plant
3948
site; all associated facilities that or which are indirectly
3949
directly connected to the electrical power plant site by other
3950
proposed associated facilities that will to be owned by the
3951
applicant;, and associated transmission lines that will to be
3952
owned by the applicant that which connect the electrical
3953
generating facility power plant to an existing transmission
3954
network or rights-of-way to of which the applicant intends to
3955
connect. At the applicant's option, this term may include any
3956
offsite associated facilities that which will not be owned by the
3957
applicant; offsite associated facilities that which are owned by
3958
the applicant but which are not directly connected to the
3959
electrical power plant site; any proposed terminal or
3960
intermediate substations or substation expansions connected to
3961
the associated transmission line; or new transmission lines,
3962
upgrades, or improvements of an existing transmission line on any
3963
portion of the applicant's electrical transmission system
3964
necessary to support the generation injected into the system from
3965
the proposed electrical generating facility power plant.
3966
(15)(14) "Electric utility" means cities and towns,
3967
counties, public utility districts, regulated electric companies,
3968
electric cooperatives, and joint operating agencies, or
3969
combinations thereof, engaged in, or authorized to engage in, the
3970
business of generating, transmitting, or distributing electric
3971
energy.
3972
(16)(15) "Federally delegated or approved permit program"
3973
means any environmental regulatory program approved by an agency
3974
of the Federal Government so as to authorize the department to
3975
administer and issue licenses pursuant to federal law, including,
3976
but not limited to, new source review permits, operation permits
3977
for major sources of air pollution, and prevention of significant
3978
deterioration permits under the Clean Air Act (42 U.S.C. ss. 7401
3979
et seq.), permits under ss. 402 and 404 of the Clean Water Act
3980
(33 U.S.C. ss. 1251 et seq.), and permits under the Resource
3981
Conservation and Recovery Act (42 U.S.C. ss. 6901 et seq.).
3982
(17)(16) "License" means a franchise, permit,
3983
certification, registration, charter, comprehensive plan
3984
amendment, development order or permit as defined in chapters 163
3985
and 380, or similar form of authorization required by law,
3986
including permits issued under federally delegated or approved
3987
permit programs, but it does not include a license required
3988
primarily for revenue purposes when issuance of the license is
3989
merely a ministerial act.
3990
(18)(17) "Licensee" means an applicant that has obtained a
3991
certification order for the subject project.
3992
(19)(18) "Local government" means a municipality or county
3993
in the jurisdiction of which the electrical power plant is
3994
proposed to be located.
3995
(20)(19) "Modification" means any change in the
3996
certification order after issuance, including a change in the
3997
conditions of certification.
3998
(21)(20) "Nonprocedural requirements of agencies" means any
3999
agency's regulatory requirements established by statute, rule,
4000
ordinance, zoning ordinance, land development code, or
4001
comprehensive plan, excluding any provisions prescribing forms,
4002
fees, procedures, or time limits for the review or processing of
4003
information submitted to demonstrate compliance with such
4004
regulatory requirements.
4005
(22)(21) "Notice of intent" means that notice which is
4006
filed with the department on behalf of an applicant prior to
4007
submission of an application pursuant to this act and which
4008
notifies the department of an intent to file an application.
4009
(23)(22) "Person" means an individual, partnership, joint
4010
venture, private or public corporation, association, firm, public
4011
service company, political subdivision, municipal corporation,
4012
government agency, public utility district, or any other entity,
4013
public or private, however organized.
4014
(24)(23) "Preliminary statement of issues" means a listing
4015
and explanation of those issues within the agency's jurisdiction
4016
which are of major concern to the agency in relation to the
4017
proposed electrical power plant.
4018
(25)(24) "Public Service Commission" or "commission" means
4019
the agency created pursuant to chapter 350.
4020
(26)(25) "Regional planning council" means a regional
4021
planning council as defined in s. 186.503(4) in the jurisdiction
4022
of which the electrical power plant is proposed to be located.
4023
(27)(26) "Right-of-way" means land necessary for the
4024
construction and maintenance of a connected associated linear
4025
facility, such as a railroad line, pipeline, or transmission line
4026
as owned by or proposed to be certified by the applicant. The
4027
typical width of the right-of-way shall be identified in the
4028
application. The right-of-way shall be located within the
4029
certified corridor and shall be identified by the applicant
4030
subsequent to certification in documents filed with the
4031
department prior to construction.
4032
(28)(27) "Site" means any proposed location within which
4033
will be located wherein an electrical power plant's generating
4034
facility and on-site support facilities plant, or an electrical
4035
power plant alteration or addition of electrical generating
4036
facilities and on-site on-location support facilities resulting
4037
in an increase in generating capacity, will be located, including
4038
offshore sites within state jurisdiction.
4039
(29)(28) "State comprehensive plan" means that plan set
4040
forth in chapter 187.
4041
(30)(29) "Ultimate site capacity" means the maximum gross
4042
generating capacity for a site as certified by the board, or
4043
Secretary when applicable, unless otherwise specified as nte
4044
generating capacity.
4045
(31)(30) "Water management district" means a water
4046
management district, created pursuant to chapter 373, in the
4047
jurisdiction of which the electrical power plant is proposed to
4048
be located.
4049
Section 59. Section 403.504, Florida Statutes, is amended
4050
to read:
4051
403.504 Department of Environmental Protection; powers and
4052
duties enumerated.--The department shall have the following
4053
powers and duties in relation to this act:
4055
implement the provisions of this act, including rules setting
4056
forth environmental precautions to be followed in relation to the
4057
location, construction, and operation of electrical power plants.
4058
(2) To prescribe the form and content of the public notices
4059
and the notice of intent and the form, content, and necessary
4060
supporting documentation and studies to be prepared by the
4061
applicant for electrical power plant site certification
4062
applications.
4063
(3) To receive applications for electrical power plant site
4064
certifications and to determine the completeness and sufficiency
4065
thereof.
4066
(4) To make, or contract for, studies of electrical power
4067
plant site certification applications.
4068
(5) To administer the processing of applications for
4069
electric power plant site certifications and to ensure that the
4070
applications are processed as expeditiously as possible.
4071
(6) To require such fees as allowed by this act.
4072
(7) To conduct studies and prepare a project analysis under
4073
s. 403.507.
4074
(8) To prescribe the means for monitoring the effects
4075
arising from the construction and operation of electrical power
4076
plants to assure continued compliance with terms of the
4077
certification.
4078
(9) To determine whether an alternate corridor proposed for
4079
consideration under s. 403.5064(4) is acceptable.
4080
(10)(9) To issue final orders after receipt of the
4081
administrative law judge's order relinquishing jurisdiction
4082
pursuant to s. 403.508(6).
4083
(11)(10) To act as clerk for the siting board.
4084
(12)(11) To administer and manage the terms and conditions
4085
of the certification order and supporting documents and records
4086
for the life of the electrical power plant facility.
4087
(13)(12) To issue emergency orders on behalf of the board
4088
for facilities licensed under this act.
4089
Section 60. Subsection (1) of section 403.506, Florida
4090
Statutes, is amended and subsection (3) is added to that section
4091
to read:
4092
403.506 Applicability, thresholds, and certification.--
4093
(1) The provisions of this act shall apply to any
4094
electrical power plant as defined herein, except that the
4095
provisions of this act shall not apply to any electrical power
4096
plant or steam generating plant of less than 75 megawatts in
4097
gross capacity including its or to any associated facilities
4098
substation to be constructed as part of an associated
4099
transmission line unless the applicant has elected to apply for
4100
certification of such electrical power plant or substation under
4101
this act. The provisions of this act shall not apply to any unit
4102
capacity expansions expansion of 75 35 megawatts or less, in the
4103
aggregate, of an existing exothermic reaction cogeneration
4104
electrical generating facility unit that was exempt from this act
4105
when it was originally built; however, this exemption shall not
4106
apply if the unit uses oil or natural gas for purposes other than
4107
unit startup. No construction of any new electrical power plant
4108
or expansion in steam generating capacity as measured by an
4109
increase in the maximum electrical generator rating of any
4110
existing electrical power plant may be undertaken after October
4111
1, 1973, without first obtaining certification in the manner as
4112
herein provided, except that this act shall not apply to any such
4113
electrical power plant which is presently operating or under
4114
construction or which has, upon the effective date of chapter 73-
4115
33, Laws of Florida, applied for a permit or certification under
4116
requirements in force prior to the effective date of such act.
4117
(3) An electric utility may obtain separate licenses,
4118
permits, and approvals for the construction of facilities
4119
necessary to construct an electrical power plant without first
4120
obtaining certification under this act if the utility intends to
4121
locate, license, and construct a proposed or expanded electrical
4122
power plant that uses nuclear materials as fuel. Such facilities
4123
may include, but are not limited to, access and onsite roads,
4124
rail lines, electrical transmission facilities to support
4125
construction, and facilities necessary for waterborne delivery of
4126
construction materials and project components. This exemption
4127
applies to such facilities regardless of whether the facilities
4128
are used for operation of the power plant. The applicant shall
4129
file with the department a statement that declares that the
4130
construction of such facilities is necessary for the timely
4131
construction of the proposed electrical power plant and
4132
identifies those facilities that the applicant intends to seek
4133
licenses for and construct prior to or separate from
4134
certification of the project. The facilities may be located
4135
within or off of the site for the proposed electrical power
4136
plant. The filing of an application under this act does not
4137
affect other applications for separate licenses which are pending
4138
at the time of filing the application. Furthermore, the filing of
4139
an application does not prevent an electric utility from seeking
4140
separate licenses for facilities that are necessary to construct
4141
the electrical power plant. Licenses, permits, or approvals
4142
issued by any state, regional, or local agency for such
4143
facilities shall be incorporated by the department into a final
4144
certification upon completion of construction. Any facilities
4145
necessary for construction of the electrical power plant shall
4146
become part of the certified electrical power plant upon
4147
completion of the electrical power plant's construction. The
4148
exemption in this subsection does not require or authorize agency
4149
rulemaking, and any action taken under this subsection is not
4150
subject to chapter 120. This subsection shall be given
4151
retroactive effect and applies to applications filed after May 1,
4152
2008.
4153
Section 61. Subsections (1) and (4) of section 403.5064,
4154
Florida Statutes, are amended to read:
4155
403.5064 Application; schedules.--
4156
(1) The formal date of filing of a certification
4157
application and commencement of the certification review process
4158
shall be when the applicant submits:
4159
(a) Copies of the certification application in a quantity
4160
and format as prescribed by rule to the department and other
4161
agencies identified in s. 403.507(2)(a).
4162
(b) A statement affirming that the applicant is opting to
4163
allow consideration of alternate corridors for an associated
4164
transmission line corridor. If alternate corridors are allowed,
4165
at the applicant's option, the portion of the application
4166
addressing associated transmission line corridors shall be
4167
processed pursuant to the schedule set forth in ss. 403.521-
4169
the filing of alternate corridors, provided, however, if such
4170
alternate corridors are filed, the certification hearing shall
4171
not be rescheduled as allowed by ss. 403.527(1)(b)1. and 2.
4172
(c)(b) The application fee specified under s. 403.518 to
4173
the department.
4174
(4) Within 7 days after the filing of an application, the
4175
department shall prepare a proposed schedule of dates for
4176
determination of completeness, submission of statements of
4177
issues, submittal of final reports, and other significant dates
4178
to be followed during the certification process, including dates
4179
for filing notices of appearance to be a party pursuant to s.
4180
403.508(3). If the application includes one or more associated
4181
transmission line corridors, at the request of the applicant
4182
filed concurrently with the application, the department shall
4183
incorporate the application processing schedule of the Florida
4186
corridors, including the opportunity for the filing and review of
4187
alternate corridors, if a party proposes alternate transmission
4188
line corridor routes for consideration no later than 165 days
4189
prior to the scheduled certification hearing. Notwithstanding an
4190
applicant's option for the transmission line corridor portion of
4191
its application to be processed under the proposed schedule, only
4192
one certification hearing will be held for the entire power plant
4193
in accordance with s. 403.508(2). The proposed This schedule
4194
shall be timely provided by the department to the applicant, the
4195
administrative law judge, all agencies identified pursuant to
4196
subsection (2), and all parties. Within 7 days after the filing
4197
of the proposed schedule, the administrative law judge shall
4198
issue an order establishing a schedule for the matters addressed
4199
in the department's proposed schedule and other appropriate
4200
matters, if any.
4201
Section 62. Subsection (1) of section 403.5065, Florida
4202
Statutes, is amended to read:
4203
403.5065 Appointment of administrative law judge; powers
4204
and duties.--
4205
(1) Within 7 days after receipt of an application, the
4206
department shall request the Division of Administrative Hearings
4207
to designate an administrative law judge to conduct the hearings
4208
required by this act. The division director shall designate an
4209
administrative law judge within 7 days after receipt of the
4210
request from the department. In designating an administrative law
4211
judge for this purpose, the division director shall, whenever
4212
practicable, assign an administrative law judge who has had prior
4213
experience or training in electrical power plant site
4214
certification proceedings. Upon being advised that an
4215
administrative law judge has been appointed, the department shall
4216
immediately file a copy of the application and all supporting
4217
documents with the designated administrative law judge, who shall
4218
docket the application.
4219
Section 63. Subsection (3) of section 403.50663, Florida
4220
Statutes, is amended to read:
4221
403.50663 Informational public meetings.--
4222
(3) A local government or regional planning council that
4223
intends to conduct an informational public meeting must provide
4224
notice of the meeting to all parties not less than 15 5 days
4225
prior to the meeting and to the general public, in accordance
4226
with the provisions of s. 403.5115(5). The expense for such
4227
notice is eligible for reimbursement under the provisions of s.
4228
403.518(2)(c)1.
4229
Section 64. Section 403.50665, Florida Statutes, is amended
4230
to read:
4231
403.50665 Land use consistency.--
4232
(1) The applicant shall include in the application a
4233
statement on the consistency of the site and or any directly
4234
associated facilities that constitute "development," as defined
4235
in s. 380.04, with existing land use plans and zoning ordinances
4236
that were in effect on the date the application was filed and a
4237
full description of such consistency. This information shall
4238
include an identification of those associated facilities that the
4239
applicant believes are exempt from the requirements of land use
4240
plans and zoning ordinances under the provisions of the Local
4241
Government Comprehensive Planning and Land Development Regulation
4242
Act provisions of chapter 163 and s. 380.04(3).
4243
(2)(a) Within 45 days after the filing of the application,
4244
each local government shall file a determination with the
4245
department, the applicant, the administrative law judge, and all
4246
parties on the consistency of the site, and or any directly
4247
associated facilities that are not exempt from the requirements
4248
of land use plans and zoning ordinances under the provisions of
4249
chapter 163 and s. 380.04(3), with existing land use plans and
4250
zoning ordinances that were in effect on the date the application
4251
was filed, based on the information provided in the application.
4252
However, this requirement does not apply to any new electrical
4253
generation unit proposed to be constructed and operated:
4254
1. On the site of a previously certified electrical power
4255
plant; or
4256
2. On the site of a power plant that was not previously
4257
certified that will be wholly contained within the boundaries of
4258
the existing site.
4259
(b) The local government may issue its determination up to
4260
55 35 days later if the application has been determined
4261
incomplete based in whole or part upon a local government request
4262
for has requested additional information on land use and zoning
4263
consistency as part of the local government's statement on
4264
completeness of the application submitted pursuant to s.
4265
403.5066(1)(a). Incompleteness of information necessary for a
4266
local government to evaluate an application may be claimed by the
4267
local government as cause for a statement of inconsistency with
4268
existing land use plans and zoning ordinances.
4269
(c) Notice of the consistency determination shall be
4270
published in accordance with the requirements of s. 403.5115.
4271
(3)(a) If the local government issues a determination that
4272
the proposed site and any non-exempt associated facilities are
4273
electrical power plant is not consistent or in compliance with
4274
local land use plans and zoning ordinances, the applicant may
4275
apply to the local government for the necessary local approval to
4276
address the inconsistencies identified in the local government's
4277
determination.
4278
(b) If the applicant makes such an application to the local
4279
government, the time schedules under this act shall be tolled
4280
until the local government issues its revised determination on
4281
land use and zoning or the applicant otherwise withdraws its
4282
application to the local government.
4283
(c) If the applicant applies to the local government for
4284
necessary local land use or zoning approval, the local government
4285
shall commence a proceeding to consider the application for land
4286
use or zoning approval within 45 days of receipt of the complete
4287
request, and shall issue a revised determination within 30 days
4288
following the conclusion of that local proceeding., and The time
4289
schedules and notice requirements under this act shall apply to
4290
such revised determination.
4291
(4) If any substantially affected person wishes to dispute
4292
the local government's determination, he or she shall file a
4293
petition with the designated administrative law judge department
4294
within 21 days after the publication of notice of the local
4295
government's determination. If a hearing is requested, the
4296
provisions of s. 403.508(1) shall apply.
4297
(5) The dates in this section may be altered upon agreement
4298
between the applicant, the local government, and the department
4299
pursuant to s. 403.5095.
4300
(6) If it is determined by the local government that the
4301
proposed site or non-exempt directly associated facility does
4302
conform with existing land use plans and zoning ordinances in
4303
effect as of the date of the application and no petition has been
4304
filed, the responsible zoning or planning authority shall not
4305
thereafter change such land use plans or zoning ordinances so as
4306
to foreclose construction and operation of the proposed site or
4307
directly associated facilities unless certification is
4308
subsequently denied or withdrawn.
4309
(7) The issue of land use and zoning consistency for any
4310
proposed alternate intermediate electrical substation which is
4311
proposed as part of an alternate electrical transmission line
4312
corridor which is accepted by the applicant and the department
4313
under s. 403.5271(1)(b) shall be addressed in the supplementary
4314
report prepared by the local government on the proposed alternate
4315
corridor and shall be considered as an issue at any final
4316
certification hearing. If such a proposed intermediate
4317
electrical substation is determined to not be consistent with
4318
local land use plans and zoning ordinances, then that alternate
4319
electrical substation shall not be certified.
4320
Section 65. Paragraph (a) of subsection (2) of section
4321
403.507, Florida Statutes, is amended to read:
4322
403.507 Preliminary statements of issues, reports, project
4323
analyses, and studies.--
4324
(2)(a) The No later than 100 days after the certification
4325
application has been determined complete, the following agencies
4326
shall prepare reports as provided below and shall submit them to
4327
the department and the applicant no later than 100 days after the
4328
certification application has been determined complete, unless a
4329
final order denying the Determination of Need has been issued
4330
under the provisions of s. 403.519:
4331
1. The Department of Community Affairs shall prepare a
4332
report containing recommendations which address the impact upon
4333
the public of the proposed electrical power plant, based on the
4334
degree to which the electrical power plant is consistent with the
4335
applicable portions of the state comprehensive plan, emergency
4336
management, and other such matters within its jurisdiction. The
4337
Department of Community Affairs may also comment on the
4338
consistency of the proposed electrical power plant with
4339
applicable strategic regional policy plans or local comprehensive
4340
plans and land development regulations.
4341
2. The water management district shall prepare a report as
4342
to matters within its jurisdiction, including but not limited to,
4343
the impact of the proposed electrical power plant on water
4344
resources, regional water supply planning, and district-owned
4345
lands and works.
4346
3. Each local government in whose jurisdiction the proposed
4347
electrical power plant is to be located shall prepare a report as
4348
to the consistency of the proposed electrical power plant with
4349
all applicable local ordinances, regulations, standards, or
4350
criteria that apply to the proposed electrical power plant,
4351
including any applicable local environmental regulations adopted
4352
pursuant to s. 403.182 or by other means.
4353
4. The Fish and Wildlife Conservation Commission shall
4354
prepare a report as to matters within its jurisdiction.
4355
5. Each regional planning council shall prepare a report
4356
containing recommendations that address the impact upon the
4357
public of the proposed electrical power plant, based on the
4358
degree to which the electrical power plant is consistent with the
4359
applicable provisions of the strategic regional policy plan
4360
adopted pursuant to chapter 186 and other matters within its
4361
jurisdiction.
4362
6. The Department of Transportation shall address the
4363
impact of the proposed electrical power plant on matters within
4364
its jurisdiction.
4365
(b) Any other agency, if requested by the department, shall
4366
also perform studies or prepare reports as to matters within that
4367
agency's jurisdiction which may potentially be affected by the
4368
proposed electrical power plant.
4369
Section 66. Subsection (1) of section 403.508, Florida
4370
Statutes, is amended to read:
4371
403.508 Land use and certification hearings, parties,
4372
participants.--
4373
(1)(a) Within 5 days after the filing of If a petition for
4374
a hearing on land use has been filed pursuant to s. 403.50665,
4375
the designated administrative law judge shall schedule conduct a
4376
land use hearing to be conducted in the county of the proposed
4377
site, or directly associated facility that is not exempt from the
4378
requirements of land use plans and zoning ordinances under the
4379
provisions of chapter 163 and s. 380.043(3), as applicable, as
4380
expeditiously as possible, but not later than 30 days after the
4381
designated administrative law judge's department's receipt of the
4382
petition. The place of such hearing shall be as close as possible
4383
to the proposed site or directly associated facility. If a
4384
petition is filed, the hearing shall be held regardless of the
4385
status of the completeness of the application. However,
4386
incompleteness of information necessary for a local government to
4387
evaluate an application may be claimed by the local government as
4388
cause for a statement of inconsistency with existing land use
4389
plans and zoning ordinances under s. 403.50665.
4390
(b) Notice of the land use hearing shall be published in
4391
accordance with the requirements of s. 403.5115.
4392
(c) The sole issue for determination at the land use
4393
hearing shall be whether or not the proposed site or non-exempt
4394
associated facility is consistent and in compliance with existing
4395
land use plans and zoning ordinances. If the administrative law
4396
judge concludes that the proposed site or non-exempt associated
4397
facility is not consistent or in compliance with existing land
4398
use plans and zoning ordinances, the administrative law judge
4399
shall receive at the hearing evidence on, and address in the
4400
recommended order any changes to or approvals or variances under,
4401
the applicable land use plans or zoning ordinances which will
4402
render the proposed site or non-exempt associate facility
4403
consistent and in compliance with the local land use plans and
4404
zoning ordinances.
4405
(d) The designated administrative law judge's recommended
4406
order shall be issued within 30 days after completion of the
4407
hearing and shall be reviewed by the board within 60 days after
4408
receipt of the recommended order by the board.
4409
(e) If it is determined by the board that the proposed site
4410
or non-exempt associate facility does conform with existing land
4411
use plans and zoning ordinances in effect as of the date of the
4412
application, or as otherwise provided by this act, the
4413
responsible zoning or planning authority shall not thereafter
4414
change such land use plans or zoning ordinances so as to
4415
foreclose construction and operation of the proposed electrical
4416
power plant on the proposed site or directly associated
4417
facilities unless certification is subsequently denied or
4418
withdrawn.
4419
(f) If it is determined by the board that the proposed site
4420
or non-exempt associated facility does not conform with existing
4421
land use plans and zoning ordinances, the board may, if it
4422
determines after notice and hearing and upon consideration of the
4423
recommended order on land use and zoning issues that it is in the
4424
public interest to authorize the use of the land as a site for a
4425
site or associated facility an electrical power plant, authorize
4426
a variance or other necessary approval to the adopted land use
4427
plan and zoning ordinances required to render the proposed site
4428
or associated facility consistent with local land use plans and
4429
zoning ordinances. The board's action shall not be controlled by
4430
any other procedural requirements of law. In the event a variance
4431
or other approval is denied by the board, it shall be the
4432
responsibility of the applicant to make the necessary application
4433
for any approvals determined by the board as required to make the
4434
proposed site or associated facility consistent and in compliance
4435
with local land use plans and zoning ordinances. No further
4436
action may be taken on the complete application until the
4437
proposed site or associated facility conforms to the adopted land
4438
use plan or zoning ordinances or the board grants relief as
4439
provided under this act.
4440
(2)(a) A certification hearing shall be held by the
4441
designated administrative law judge no later than 265 days after
4442
the application is filed with the department. The certification
4443
hearing shall be held at a location in proximity to the proposed
4444
site. At the conclusion of the certification hearing, the
4445
designated administrative law judge shall, after consideration of
4446
all evidence of record, submit to the board a recommended order
4447
no later than 45 days after the filing of the hearing transcript.
4448
(b) Notice of the certification hearing and notice of the
4449
deadline for filing of notice of intent to be a party shall be
4450
made in accordance with the requirements of s. 403.5115.
4451
Section 67. Subsections (3), (4), and (5) of section
4452
403.509, Florida Statutes, are amended and a new subsection (4)
4453
is added to that section to read:
4454
403.509 Final disposition of application.--
4455
(3) In determining whether an application should be
4456
approved in whole, approved with modifications or conditions, or
4457
denied, the board, or secretary when applicable, shall consider
4458
whether, and the extent to which, the location, construction and
4459
operation of the electrical power plant and directly associated
4460
facilities and their construction and operation will:
4461
(a) Provide reasonable assurance that operational
4462
safeguards are technically sufficient for the public welfare and
4463
protection.
4464
(b) Comply with applicable nonprocedural requirements of
4465
agencies.
4466
(c) Be consistent with applicable local government
4467
comprehensive plans and land development regulations.
4468
(d) Meet the electrical energy needs of the state in an
4469
orderly, reliable, and timely fashion.
4470
(e) Effect a reasonable balance between the need for the
4471
facility as established pursuant to s. 403.519 and the impacts
4472
upon air and water quality, fish and wildlife, water resources,
4473
and other natural resources of the state resulting from the
4474
construction and operation of the facility.
4475
(f) Minimize, through the use of reasonable and available
4476
methods, the adverse effects on human health, the environment,
4477
and the ecology of the land and its wildlife and the ecology of
4478
state waters and their aquatic life.
4479
(g) Serve and protect the broad interests of the public.
4480
(4)(a) Any transmission line corridor certified by the
4481
board, or secretary if applicable, shall meet the criteria of
4482
this section. When more than one transmission line corridor is
4483
proper for certification under s. 403.503(11) and meets the
4484
criteria of this section, the board, or secretary if applicable,
4485
shall certify the transmission line corridor that has the least
4486
adverse impact regarding the criteria in subsection (3),
4487
including costs.
4488
(b) If the board, or secretary if applicable, finds that an
4489
alternate corridor rejected pursuant to s. 403.5271 as
4490
incorporated by reference in s. 403.5064(1)(b) meets the criteria
4491
of subsection (3) and has the least adverse impact regarding the
4492
criteria in subsection (3), the board, or secretary if
4493
applicable, shall deny certification or shall allow the applicant
4494
to submit an amended application to include the corridor.
4495
(c) If the board, or secretary if applicable, finds that
4496
two or more of the corridors that comply with subsection (3) have
4497
the least adverse impacts regarding the criteria in subsection
4498
(3), including costs, and that the corridors are substantially
4499
equal in adverse impacts regarding the criteria in subsection
4500
(3), including costs, the board, or secretary if applicable,
4501
shall certify the corridor preferred by the applicant if the
4502
corridor is one proper for certification under s. 403.503(11).
4503
(5)(4) The department's action on a federally required new
4504
source review or prevention of significant deterioration permit
4505
shall differ from the actions taken by the siting board regarding
4506
the certification if the federally approved state implementation
4507
plan requires such a different action to be taken by the
4508
department. Nothing in this part shall be construed to displace
4509
the department's authority as the final permitting entity under
4510
the federally approved permit program. Nothing in this part shall
4511
be construed to authorize the issuance of a new source review or
4512
prevention of significant deterioration permit which does not
4513
conform to the requirements of the federally approved state
4514
implementation plan.
4515
(6)(5) For certifications issued by the board in regard to
4516
the properties and works of any agency which is a party to the
4517
certification hearing, the board shall have the authority to
4518
decide issues relating to the use, the connection thereto, or the
4519
crossing thereof, for the electrical power plant and directly
4520
associated facilities and to direct any such agency to execute,
4521
within 30 days after the entry of certification, the necessary
4522
license or easement for such use, connection, or crossing,
4523
subject only to the conditions set forth in such certification.
4524
For certifications issued by the department in regard to the
4525
properties and works of any agency which is a party to the
4526
proceeding, any stipulation filed pursuant to s. 403.508(6)(a)
4527
must include a stipulation regarding any issues relating to the
4528
use, the connection thereto, or the crossing thereof, for the
4529
electrical power plant. Any agency stipulating to the use,
4530
connection to, or crossing of its property must agree to execute,
4531
within 30 days after the entry of certification, the necessary
4532
license or easement for such use, connection, or crossing,
4533
subject only to the conditions set forth in such certification.
4534
Section 68. Subsections (1) and (6) of section 403.511,
4535
Florida Statutes, are amended to read:
4536
403.511 Effect of certification.--
4537
(1) Subject to the conditions set forth therein, any
4538
certification shall constitute the sole license of the state and
4539
any agency as to the approval of the location of the site and any
4540
associated facility and the construction and operation of the
4541
proposed electrical power plant, except for the issuance of
4542
department licenses required under any federally delegated or
4543
approved permit program and except as otherwise provided in
4544
subsection (4).
4545
(6) No term or condition of an electrical power plant a
4546
site certification shall be interpreted to supersede or control
4547
the provisions of a final operation permit for a major source of
4548
air pollution issued by the department pursuant to s. 403.0872 to
4549
a facility certified under this part.
4550
Section 69. Subsection (1) of section 403.5112, Florida
4551
Statutes, is amended to read:
4552
403.5112 Filing of notice of certified corridor route.--
4553
(1) Within 60 days after certification of an a directly
4554
associated linear facility pursuant to this act, the applicant
4555
shall file, in accordance with s. 28.222, with the department and
4556
the clerk of the circuit court for each county through which the
4557
corridor will pass, a notice of the certified route.
4558
Section 70. Section 403.5113, Florida Statutes, is amended
4559
to read:
4560
403.5113 Postcertification amendments and review.--
4561
(1) POSTCERTIFICATION AMENDMENTS.--
4562
(a) If, subsequent to certification by the board, a
4563
licensee proposes any material change to the application and
4564
revisions or amendments thereto, as certified, the licensee shall
4565
submit a written request for amendment and a description of the
4566
proposed change to the application to the department. Within 30
4567
days after the receipt of the request for the amendment, the
4568
department shall determine whether the proposed change to the
4569
application requires a modification of the conditions of
4570
certification.
4571
(b)(2) If the department concludes that the change would
4572
not require a modification of the conditions of certification,
4573
the department shall provide written notification of the approval
4574
of the proposed amendment to the licensee, all agencies, and all
4575
other parties.
4576
(c)(3) If the department concludes that the change would
4577
require a modification of the conditions of certification, the
4578
department shall provide written notification to the licensee
4579
that the proposed change to the application requires a request
4580
for modification pursuant to s. 403.516.
4581
(2)(4) POSTCERTIFICATION REVIEW.--Postcertification
4582
submittals filed by the licensee with one or more agencies are
4583
for the purpose of monitoring for compliance with the issued
4584
certification and must be reviewed by the agencies on an
4585
expedited and priority basis because each facility certified
4586
under this act is a critical infrastructure facility. In no event
4587
shall a postcertification review be completed in more than 90
4588
days after complete information is submitted to the reviewing
4589
agencies.
4590
Section 71. Section 403.5115, Florida Statutes, is amended
4591
to read:
4592
403.5115 Public notice.--
4593
(1) The following notices are to be published by the
4594
applicant:
4595
(a) Notice of the filing of a notice of intent under s.
4596
403.5063, which shall be published within 21 days after the
4597
filing of the notice. The notice shall be published as specified
4598
by subsection (2), except that the newspaper notice shall be one-
4599
fourth page in size in a standard size newspaper or one-half page
4600
in size in a tabloid size newspaper.
4601
(b) Notice of filing of the application, which shall
4602
include a description of the proceedings required by this act,
4603
within 21 days after the date of the application filing. Such
4604
notice shall give notice of the provisions of s. 403.511(1) and
4605
(2).
4606
(c) If applicable, notice of the land use determination
4607
made pursuant to s. 403.50665(2)(1) within 21 days after the
4608
deadline for the filing of the determination is filed.
4609
(d) If applicable, notice of the land use hearing, which
4610
shall be published as specified in subsection (2), no later than
4611
15 days before the hearing.
4612
(e) Notice of the certification hearing and notice of the
4613
deadline for filing notice of intent to be a party, which shall
4614
be published as specified in subsection (2), at least 65 days
4615
before the date set for the certification hearing. If one or more
4616
alternate corridors have been accepted for consideration, the
4617
notice of the certification hearing shall include a map of all
4618
corridors proposed for certification.
4619
(f) Notice of revised deadline for filing alternate
4620
corridors, if the certification hearing is rescheduled to adate
4621
other than as published in the notice of filing of the
4622
application. This notice shall be published at least 185 days
4623
before the rescheduled certification hearing and as specified in
4624
paragraph (2) except no map is required and the size of the
4625
notice shall be no less than six square inches.
4626
(g)(f) Notice of the cancellation of the certification
4627
hearing, if applicable, no later than 3 days before the date of
4628
the originally scheduled certification hearing. The newspaper
4629
notice shall be one-forth page in size in a standard size
4630
newspaper or one-half page in size in a tabloid size newspaper.
4631
(h)(g) Notice of modification when required by the
4632
department, based on whether the requested modification of
4633
certification will significantly increase impacts to the
4634
environment or the public. Such notice shall be published as
4635
specified under subsection (2):
4636
1. Within 21 days after receipt of a request for
4637
modification. The newspaper notice shall be of a size as directed
4638
by the department commensurate with the scope of the
4639
modification.
4640
2. If a hearing is to be conducted in response to the
4641
request for modification, then notice shall be published no later
4642
than 30 days before the hearing.
4643
(h) Notice of a supplemental application, which shall be
4644
published as specified in paragraph (b) and subsection (2).
4645
(i) Notice of existing site certification pursuant to s.
4646
403.5175. Notices shall be published as specified in paragraph
4647
(b) and subsection (2).
4648
(2) Notices provided by the applicant shall be published in
4649
newspapers of general circulation within the county or counties
4650
in which the proposed electrical power plant will be located. The
4651
newspaper notices, unless otherwise specified, shall be at least
4652
one-half page in size in a standard size newspaper or a full page
4653
in a tabloid size newspaper. These notices shall include a map
4654
generally depicting the project and all associated facilities
4655
corridors. A newspaper of general circulation shall be the
4656
newspaper which has the largest daily circulation in that county
4657
and has its principal office in that county. If the newspaper
4658
with the largest daily circulation has its principal office
4659
outside the county, the notices shall appear in both the
4660
newspaper having the largest circulation in that county and in a
4661
newspaper authorized to publish legal notices in that county.
4662
(3) All notices published by the applicant shall be paid
4663
for by the applicant and shall be in addition to the application
4664
fee.
4665
(4) The department shall arrange for publication of the
4666
following notices in the manner specified by chapter 120 and
4667
provide copies of those notices to any persons who have requested
4668
to be placed on the departmental mailing list for this purpose
4669
for each case for which an application has been received by the
4670
department:
4671
(a) Notice of the filing of the notice of intent within 15
4672
days after receipt of the notice.
4673
(b) Notice of the filing of the application, no later than
4674
21 days after the application filing.
4675
(c) Notice of the land use determination made pursuant to
4676
s. 403.50665(2)(1) within 21 days after the deadline for the
4677
filing of the determination is filed.
4678
(d) Notice of the land use hearing before the
4679
administrative law judge, if applicable, no later than 15 days
4680
before the hearing.
4681
(e) Notice of the land use hearing before the board, if
4682
applicable.
4683
(f) Notice of the certification hearing at least 45 days
4684
before the date set for the certification hearing.
4685
(g) Notice of revised deadline for filing alternate
4686
corridors, if the certification hearing is rescheduled to a date
4687
other than as published in the notice of filing of the
4688
application. This notice shall be published at least 185 days
4689
before the rescheduled certification hearing.
4690
(h)(g) Notice of the cancellation of the certification
4691
hearing, if applicable, no later than 3 days prior to the date of
4692
the originally scheduled certification hearing.
4693
(i)(h) Notice of the hearing before the board, if
4694
applicable.
4695
(j)(i) Notice of stipulations, proposed agency action, or
4696
petitions for modification.
4697
(5) A local government or regional planning council that
4698
proposes to conduct an informational public meeting pursuant to
4699
s. 403.50663 must publish notice of the meeting in a newspaper of
4700
general circulation within the county or counties in which the
4701
proposed electrical power plant will be located no later than 7
4702
days prior to the meeting. A newspaper of general circulation
4703
shall be the newspaper which has the largest daily circulation in
4704
that county and has its principal office in that county. If the
4705
newspaper with the largest daily circulation has its principal
4706
office outside the county, the notices shall appear in both the
4707
newspaper having the largest circulation in that county and in a
4708
newspaper authorized to publish legal notices in that county.
4709
(6)(a) A good faith effort shall be made by the applicant
4710
to provide direct written notice of the filing of an application
4711
for certification by U.S. mail or hand delivery no later than 45
4712
days after filing of the application to all local landowners
4713
whose property, as noted in the most recent local government tax
4714
records, and residences, are located within the following
4715
distances of the proposed project:
4716
1. Five miles of the proposed main site boundaries of the
4717
proposed electrical power plant.
4718
2. One-quarter mile of the proposed boundaries of all
4719
linear associated facilities extending away from the main site
4720
boundary, such as any proposed electrical transmission line
4721
corridors as defined in s. 403.522(22).
4722
(b) No later than 60 days from the filing of an application
4723
for certification, the applicant shall file a list with the
4724
department's Siting Coordination Office of landowners and
4725
residences that were notified.
4726
(7)(a) A good faith effort shall be made by the proponent
4727
of an alternate corridor to provide direct written notice of the
4728
filing of an alternate corridor for certification by U.S. mail or
4729
hand delivery of the filing of no later than 30 days after filing
4730
of the alternate corridor to all local landowners whose property,
4731
as noted in the most recent local government tax records, and
4732
residences, are located within one-quarter mile of the proposed
4733
boundaries of the proposed alternate transmission line corridor
4734
that includes a transmission line as defined in s. 403.522(22).
4735
(b) No later than 45 days from the filing of an alternate
4736
corridor for certification, the proponent of an alternate
4737
corridor shall file a list with the department's Siting
4738
Coordination Office of landowners and residences that were
4739
notified.
4740
Section 72. Subsection (1) of section 403.516, Florida
4741
Statutes, is amended to read:
4742
403.516 Modification of certification.--
4743
(1) A certification may be modified after issuance in any
4744
one of the following ways:
4745
(a) The board may delegate to the department the authority
4746
to modify specific conditions in the certification.
4747
(b)1. The department may modify specific conditions of a
4748
site certification which are inconsistent with the terms of any
4749
federally delegated or approved permit for the certified
4750
electrical power plant.
4751
2. Such modification may be made without further notice if
4752
the matter has been previously noticed under the requirements for
4753
any federally delegated or approved permit program.
4754
(c) The licensee may file a petition for modification with
4755
the department, or the department may initiate the modification
4756
upon its own initiative.
4757
1. A petition for modification must set forth:
4758
a. The proposed modification.
4759
b. The factual reasons asserted for the modification.
4760
c. The anticipated environmental effects of the proposed
4761
modification.
4762
2. The department may modify the terms and conditions of
4763
the certification if no party to the certification hearing
4764
objects in writing to such modification within 45 days after
4765
notice by mail to such party's last address of record, and if no
4766
other person whose substantial interests will be affected by the
4767
modification objects in writing within 30 days after issuance of
4768
public notice.
4769
3. If objections are raised or the department denies the
4770
request, the applicant or department may file a request for a
4771
hearing on the modification with the department. Such request
4772
shall be handled pursuant to chapter 120.
4773
4. Requests referred to the Division of Administrative
4774
Hearings shall be disposed of in the same manner as an
4775
application, but with time periods established by the
4776
administrative law judge commensurate with the significance of
4777
the modification requested.
4778
(d) As required by s. 403.511(5).
4779
Section 73. Subsection (1) of section 403.517, Florida
4780
Statutes, is amended to read:
4781
403.517 Supplemental applications for sites certified for
4782
ultimate site capacity.--
4783
(1)(a) Supplemental applications may be submitted for
4784
certification of the construction and operation of electrical
4785
power plants to be located at sites which have been previously
4786
certified for an ultimate site capacity pursuant to this act.
4787
Supplemental applications shall be limited to electrical power
4788
plants using the fuel type previously certified for that site.
4789
Such applications shall include all new directly associated
4790
facilities that support the construction and operation of the
4791
electrical power plant.
4792
(b) The review shall use the same procedural steps and
4793
notices as for an initial application.
4794
(c) The time limits for the processing of a complete
4795
supplemental application shall be designated by the department
4796
commensurate with the scope of the supplemental application, but
4797
shall not exceed any time limitation governing the review of
4798
initial applications for site certification pursuant to this act,
4799
it being the legislative intent to provide shorter time
4800
limitations for the processing of supplemental applications for
4801
electrical power plants to be constructed and operated at sites
4802
which have been previously certified for an ultimate site
4803
capacity.
4804
(d) Any time limitation in this section or in rules adopted
4805
pursuant to this section may be altered pursuant to s. 403.5095.
4806
Section 74. Subsections (1), (2), and (3) of section
4807
403.5175, Florida Statutes, are amended to read:
4808
403.5175 Existing electrical power plant site
4809
certification.--
4810
(1) An electric utility that owns or operates an existing
4811
electrical power plant as defined in s. 403.503(14) s.
4812
403.503(13) may apply for certification of an existing power
4813
plant and its site in order to obtain all agency licenses
4814
necessary to ensure compliance with federal or state
4815
environmental laws and regulation using the centrally
4816
coordinated, one-stop licensing process established by this part.
4817
An application for site certification under this section must be
4818
in the form prescribed by department rule. Applications must be
4819
reviewed and processed using the same procedural steps and
4820
notices as for an application for a new facility, except that a
4821
determination of need by the Public Service Commission is not
4822
required.
4823
(2) An application for certification under this section
4824
must include:
4825
(a) A description of the site and existing power plant
4826
installations, and associated facilities;
4827
(b) A description of all proposed changes or alterations to
4828
the site and or electrical power plant, including all new
4829
associated facilities that are the subject of the application;
4830
(c) A description of the environmental and other impacts
4831
caused by the existing utilization of the site and directly
4832
associated facilities, and the operation of the electrical power
4833
plant that is the subject of the application, and of the
4834
environmental and other benefits, if any, to be realized as a
4835
result of the proposed changes or alterations if certification is
4836
approved and such other information as is necessary for the
4837
reviewing agencies to evaluate the proposed changes and the
4838
expected impacts;
4839
(d) The justification for the proposed changes or
4840
alterations;
4841
(e) Copies of all existing permits, licenses, and
4842
compliance plans authorizing utilization of the site and directly
4843
associated facilities or operation of the electrical power plant
4844
that is the subject of the application.
4845
(3) The land use and zoning determination requirements of
4846
s. 403.50665 do not apply to an application under this section if
4847
the applicant does not propose to expand the boundaries of the
4848
existing site or to add additional offsite associated facilities
4849
that are not exempt from the provisions of s. 403.50665. If the
4850
applicant proposes to expand the boundaries of the existing site
4851
or to add additional offsite facilities that are not exempt from
4852
the provisions of s. 403.50665 to accommodate portions of the
4853
electrical generating facility plant or associated facilities, a
4854
land use and zoning determination shall be made as specified in
4855
s. 403.50665; provided, however, that the sole issue for
4856
determination is whether the proposed site expansion or
4857
additional non-exempt associated facilities are is consistent and
4858
in compliance with the existing land use plans and zoning
4859
ordinances.
4860
Section 75. Section 403.518, Florida Statutes, is amended
4861
to read:
4862
403.518 Fees; disposition.--The department shall charge the
4863
applicant the following fees, as appropriate, which, unless
4864
otherwise specified, shall be paid into the Florida Permit Fee
4865
Trust Fund:
4866
(1) A fee for a notice of intent pursuant to s. 403.5063,
4867
in the amount of $2,500, to be submitted to the department at the
4868
time of filing of a notice of intent. The notice-of-intent fee
4869
shall be used and disbursed in the same manner as the application
4870
fee.
4871
(2) An application fee, which shall not exceed $200,000.
4872
The fee shall be fixed by rule on a sliding scale related to the
4873
size, type, ultimate site capacity, or increase in electrical
4874
generating capacity proposed by the application.
4875
(a) Sixty percent of the fee shall go to the department to
4876
cover any costs associated with coordinating the review and
4877
acting upon the application, to cover any field services
4878
associated with monitoring construction and operation of the
4879
facility, and to cover the costs of the public notices published
4880
by the department.
4881
(b) The following percentages shall be transferred to the
4882
Operating Trust Fund of the Division of Administrative Hearings
4883
of the Department of Management Services:
4884
1. Five percent to compensate expenses from the initial
4885
exercise of duties associated with the filing of an application.
4886
2. An additional 5 percent if a land use hearing is held
4887
pursuant to s. 403.508.
4888
3. An additional 10 percent if a certification hearing is
4889
held pursuant to s. 403.508.
4890
(c)1. Upon written request with proper itemized accounting
4891
within 90 days after final agency action by the board, Secretary
4892
when applicable, or withdrawal of the application, the agencies
4893
that prepared reports pursuant to s. 403.507 or participated in a
4894
hearing pursuant to s. 403.508 may submit a written request to
4895
the department for reimbursement of expenses incurred during the
4896
certification proceedings. The request shall contain an
4897
accounting of expenses incurred which may include time spent
4898
reviewing the application, preparation of any studies required of
4899
the agencies by this act, agency travel and per diem to attend
4900
any hearing held pursuant to this act, and for any agency or
4901
local government's or regional planning council's provision of
4902
notice of public meetings or hearings required as a result of the
4903
application for certification. The department shall review the
4904
request and verify that the expenses are valid. Valid expenses
4905
shall be reimbursed; however, in the event the amount of funds
4906
available for reimbursement is insufficient to provide for full
4907
compensation to the agencies requesting reimbursement,
4908
reimbursement shall be on a prorated basis.
4909
2. If the application review is held in abeyance for more
4910
than 1 year, the agencies may submit a request for reimbursement.
4911
This time period shall be measured from the date the applicant
4912
has provided written notification to the department that it
4913
desires to have application review process placed on hold. The
4914
fee disbursement shall be processed in accordance with
4915
subparagraph 1.
4916
(d) If any sums are remaining, the department shall retain
4917
them for its use in the same manner as is otherwise authorized by
4918
this act; provided, however, that if the certification
4919
application is withdrawn, the remaining sums shall be refunded to
4920
the applicant within 90 days after the submittal of the written
4921
notification of withdrawal.
4922
(3)(a) A certification modification fee, which shall not
4923
exceed $30,000. The department shall establish rules for
4924
determining such a fee based on the number of agencies involved
4925
in the review, equipment redesign, change in site size, type,
4926
increase in generating capacity proposed, or change in an
4927
associated linear facility location.
4928
(b) The fee shall be submitted to the department with a
4929
petition for modification pursuant to s. 403.516. This fee shall
4930
be established, disbursed, and processed in the same manner as
4931
the application fee in subsection (2), except that the Division
4932
of Administrative Hearings shall not receive a portion of the fee
4933
unless the petition for certification modification is referred to
4934
the Division of Administrative Hearings for hearing. If the
4935
petition is so referred, only $10,000 of the fee shall be
4936
transferred to the Operating Trust Fund of the Division of
4937
Administrative Hearings of the Department of Management Services.
4938
(4) A supplemental application fee, not to exceed $75,000,
4939
to cover all reasonable expenses and costs of the review,
4940
processing, and proceedings of a supplemental application. This
4941
fee shall be established, disbursed, and processed in the same
4942
manner as the certification application fee in subsection (2).
4943
(5) An existing site certification application fee, not to
4944
exceed $200,000, to cover all reasonable costs and expenses of
4945
the review processing and proceedings for certification of an
4946
existing power plant site under s. 403.5175. This fee must be
4947
established, disbursed, and processed in the same manner as the
4948
certification application fee in subsection (2).
4949
(6)(a) An application fee for an alternate corridor filed
4950
pursuant to s. 403.5064(4). The application fee shall be $750
4951
per mile for each mile of the alternate corridor located within
4952
an existing electric transmission line right-of-way or within an
4953
existing right-of-way for a road, highway, railroad, or other
4954
aboveground linear facility, or $1,000 per mile for each mile of
4955
an electric transmission line corridor proposed to be located
4956
outside the existing right-of-way.
4957
Section 76. Subsection (4) of section 403.519, Florida
4958
Statutes, is amended to read:
4959
403.519 Exclusive forum for determination of need.--
4960
(4) In making its determination on a proposed electrical
4961
power plant using nuclear materials or synthesis gas produced by
4962
integrated gasification combined cycle power plant as fuel, the
4963
commission shall hold a hearing within 90 days after the filing
4964
of the petition to determine need and shall issue an order
4965
granting or denying the petition within 135 days after the date
4966
of the filing of the petition. The commission shall be the sole
4967
forum for the determination of this matter and the issues
4968
addressed in the petition, which accordingly shall not be
4969
reviewed in any other forum, or in the review of proceedings in
4970
such other forum. In making its determination to either grant or
4971
deny the petition, the commission shall consider the need for
4972
electric system reliability and integrity, including fuel
4973
diversity, the need for base-load generating capacity, the need
4974
for adequate electricity at a reasonable cost, and whether
4975
renewable energy sources and technologies, as well as
4976
conservation measures, are utilized to the extent reasonably
4977
available.
4978
(a) The applicant's petition shall include:
4979
1. A description of the need for the generation capacity.
4980
2. A description of how the proposed nuclear or integrated
4981
gasification combined cycle power plant will enhance the
4982
reliability of electric power production within the state by
4983
improving the balance of power plant fuel diversity and reducing
4984
Florida's dependence on fuel oil and natural gas.
4985
3. A description of and a nonbinding estimate of the cost
4986
of the nuclear or integrated gasification combined cycle power
4987
plant, including any costs associated with new, enlarged, or
4988
relocated electrical transmission lines or facilities of any size
4989
that are necessary to serve the nuclear power plant.
4990
4. The annualized base revenue requirement for the first 12
4991
months of operation of the nuclear or integrated gasification
4992
combined cycle power plant.
4993
5. Information on whether there were any discussions with
4994
any electric utilities regarding ownership of a portion of the
4995
nuclear or integrated gasification combined cycle power plant by
4996
such electric utilities.
4997
(b) In making its determination, the commission shall take
4998
into account matters within its jurisdiction, which it deems
4999
relevant, including whether the nuclear or integrated
5000
gasification combined cycle power plant will:
5001
1. Provide needed base-load capacity.
5002
2. Enhance the reliability of electric power production
5003
within the state by improving the balance of power plant fuel
5004
diversity and reducing Florida's dependence on fuel oil and
5005
natural gas.
5006
3. Provide the most cost-effective source of power, taking
5007
into account the need to improve the balance of fuel diversity,
5008
reduce Florida's dependence on fuel oil and natural gas, reduce
5009
air emission compliance costs, and contribute to the long-term
5010
stability and reliability of the electric grid.
5011
(c) No provision of rule 25-22.082, Florida Administrative
5012
Code, shall be applicable to a nuclear or integrated gasification
5013
combined cycle power plant sited under this act, including
5014
provisions for cost recovery, and an applicant shall not
5015
otherwise be required to secure competitive proposals for power
5016
supply prior to making application under this act or receiving a
5017
determination of need from the commission.
5018
(d) The commission's determination of need for a nuclear or
5019
integrated gasification combined cycle power plant shall create a
5020
presumption of public need and necessity and shall serve as the
5021
commission's report required by s. 403.507(4)(a). An order
5022
entered pursuant to this section constitutes final agency action.
5023
Any petition for reconsideration of a final order on a petition
5024
for need determination shall be filed within 5 days after the
5025
date of such order. The commission's final order, including any
5026
order on reconsideration, shall be reviewable on appeal in the
5027
Florida Supreme Court. Inasmuch as delay in the determination of
5028
need will delay siting of a nuclear or integrated gasification
5029
combined cycle power plant or diminish the opportunity for
5030
savings to customers under the federal Energy Policy Act of 2005,
5031
the Supreme Court shall proceed to hear and determine the action
5032
as expeditiously as practicable and give the action precedence
5033
over matters not accorded similar precedence by law.
5034
(e) After a petition for determination of need for a
5035
nuclear or integrated gasification combined cycle power plant has
5036
been granted, the right of a utility to recover any costs
5037
incurred prior to commercial operation, including, but not
5038
limited to, costs associated with the siting, design, licensing,
5039
or construction of the plant and new, expanded, or relocated
5040
electrical transmission lines or facilities of any size that are
5041
necessary to serve the nuclear power plant, shall not be subject
5042
to challenge unless and only to the extent the commission finds,
5043
based on a preponderance of the evidence adduced at a hearing
5044
before the commission under s. 120.57, that certain costs were
5045
imprudently incurred. Proceeding with the construction of the
5046
nuclear or integrated gasification combined cycle power plant
5047
following an order by the commission approving the need for the
5048
nuclear or integrated gasification combined cycle power plant
5049
under this act shall not constitute or be evidence of imprudence.
5050
Imprudence shall not include any cost increases due to events
5051
beyond the utility's control. Further, a utility's right to
5052
recover costs associated with a nuclear or integrated
5053
gasification combined cycle power plant may not be raised in any
5054
other forum or in the review of proceedings in such other forum.
5055
Costs incurred prior to commercial operation shall be recovered
5056
pursuant to chapter 366.
5057
Section 77. Subsection (1) of section 403.5252, Florida
5058
Statutes, is amended to read:
5059
403.5252 Determination of completeness.--
5060
(1)(a) Within 30 days after the filing distribution of an
5061
application, the affected agencies shall file a statement with
5062
the department containing the recommendations of each agency
5063
concerning the completeness of the application for certification.
5064
(b) Within 37 7 days after the filing receipt of the
5065
application completeness statements of each agency, the
5066
department shall file a statement with the Division of
5067
Administrative Hearings, with the applicant, and with all parties
5068
declaring its position with regard to the completeness of the
5069
application. The statement of the department shall be based upon
5070
its consultation with the affected agencies.
5071
Section 78. Subsections (1) and (2) of section 403.526,
5072
Florida Statutes, are amended to read:
5073
403.526 Preliminary statements of issues, reports, and
5074
project analyses; studies.--
5075
(1) Each affected agency that is required to file a report
5076
in accordance with this section shall submit a preliminary
5077
statement of issues to the department and all parties no later
5078
than the submittal of each agency's recommendation that the
5079
application is complete 50 days after the filing of the
5080
application. Such statements of issues shall be made available to
5081
each local government for use as information for public meetings
5082
held under s. 403.5272. The failure to raise an issue in this
5083
preliminary statement of issues does not preclude the issue from
5084
being raised in the agency's report.
5085
(2)(a) The following agencies shall prepare reports as
5086
provided below and shall submit them to the department and the
5087
applicant no later than 90 days after the filing of the
5088
application, unless a final order denying the Determination of
5089
Need has been issued under the provisions of s. 403.537:
5090
1. The department shall prepare a report as to the impact
5091
of each proposed transmission line or corridor as it relates to
5092
matters within its jurisdiction.
5093
2. Each water management district in the jurisdiction of
5094
which a proposed transmission line or corridor is to be located
5095
shall prepare a report as to the impact on water resources and
5096
other matters within its jurisdiction.
5097
3. The Department of Community Affairs shall prepare a
5098
report containing recommendations which address the impact upon
5099
the public of the proposed transmission line or corridor, based
5100
on the degree to which the proposed transmission line or corridor
5101
is consistent with the applicable portions of the state
5102
comprehensive plan, emergency management, and other matters
5103
within its jurisdiction. The Department of Community Affairs may
5104
also comment on the consistency of the proposed transmission line
5105
or corridor with applicable strategic regional policy plans or
5106
local comprehensive plans and land development regulations.
5107
4. The Fish and Wildlife Conservation Commission shall
5108
prepare a report as to the impact of each proposed transmission
5109
line or corridor on fish and wildlife resources and other matters
5110
within its jurisdiction.
5111
5. Each local government shall prepare a report as to the
5112
impact of each proposed transmission line or corridor on matters
5113
within its jurisdiction, including the consistency of the
5114
proposed transmission line or corridor with all applicable local
5115
ordinances, regulations, standards, or criteria that apply to the
5116
proposed transmission line or corridor, including local
5117
comprehensive plans, zoning regulations, land development
5118
regulations, and any applicable local environmental regulations
5119
adopted pursuant to s. 403.182 or by other means. A change by the
5120
responsible local government or local agency in local
5121
comprehensive plans, zoning ordinances, or other regulations made
5122
after the date required for the filing of the local government's
5123
report required by this section is not applicable to the
5124
certification of the proposed transmission line or corridor
5125
unless the certification is denied or the application is
5126
withdrawn.
5127
6. Each regional planning council shall present a report
5128
containing recommendations that address the impact upon the
5129
public of the proposed transmission line or corridor based on the
5130
degree to which the transmission line or corridor is consistent
5131
with the applicable provisions of the strategic regional policy
5132
plan adopted under chapter 186 and other impacts of each proposed
5133
transmission line or corridor on matters within its jurisdiction.
5134
7. The Department of Transportation shall prepare a report
5135
as to the impact of the proposed transmission line or corridor on
5136
state roads, railroads, airports, aeronautics, seaports, and
5137
other matters within its jurisdiction.
5138
8. The commission shall prepare a report containing its
5139
determination under s. 403.537, and the report may include the
5140
comments from the commission with respect to any other subject
5141
within its jurisdiction.
5142
9. Any other agency, if requested by the department, shall
5143
also perform studies or prepare reports as to subjects within the
5144
jurisdiction of the agency which may potentially be affected by
5145
the proposed transmission line.
5146
(b) Each report must contain:
5147
1. A notice of any nonprocedural requirements not
5148
specifically listed in the application from which a variance,
5149
exemption, exception, or other relief is necessary in order for
5150
the proposed corridor to be certified. Failure to include the
5151
notice shall be treated as a waiver from the nonprocedural
5152
requirements of that agency.
5153
2. A recommendation for approval or denial of the
5154
application.
5155
3. The proposed conditions of certification on matters
5156
within the jurisdiction of each agency. For each condition
5157
proposed by an agency, the agency shall list the specific
5158
statute, rule, or ordinance, as applicable, which authorizes the
5159
proposed condition.
5160
(c) Each reviewing agency shall initiate the activities
5161
required by this section no later than 15 days after the
5162
application is filed. Each agency shall keep the applicant and
5163
the department informed as to the progress of its studies and any
5164
issues raised thereby.
5165
(d) When an agency whose agency head is a collegial body,
5166
such as a commission, board, or council, is required to submit a
5167
report pursuant to this section and is required by its own
5168
internal procedures to have the report reviewed by its agency
5169
head prior to finalization, the agency may submit to the
5170
department a draft version of the report by the deadline
5171
indicated in paragraph (a), and shall submit a final version of
5172
the report after review by the agency head, no later than 15 days
5173
after the deadline indicated in paragraph (a).
5174
(e) Receipt of an affirmative determination of need from
5175
the commission by the submittal deadline for agency reports under
5176
paragraph (a) is a condition precedent to further processing of
5177
the application.
5178
Section 79. Subsections (4) and (6) of section 403.527,
5179
Florida Statutes, are amended to read:
5180
403.527 Certification hearing, parties, participants.--
5181
(4)(a) One public hearing where members of the public who
5182
are not parties to the certification hearing may testify shall be
5183
held in conjunction with the certification hearing.
5184
(b) Upon the request of the local government, one public
5185
hearing where members of the public who are not parties to the
5186
certification hearing and who reside within the jurisdiction of
5187
the local government may testify shall be held within the
5188
boundaries of each county in which a local government that made
5189
such a request is located, at the option of any local government.
5190
(c)(a) A local government shall notify the administrative
5191
law judge and all parties not later than 80 days prior to the
5192
certification hearing 21 days after the application has been
5193
determined complete as to whether the local government wishes to
5194
have a public hearing within the boundaries of its county. If a
5195
filing for an alternate corridor is accepted for consideration
5196
under s. 403.5271(1) by the department and the applicant, any
5197
newly affected local government must notify the administrative
5198
law judge and all parties not later than 10 days after the data
5199
concerning the alternate corridor has been determined complete as
5200
to whether the local government wishes to have such a public
5201
hearing. The local government is responsible for providing the
5202
location of the public hearing if held separately from the
5203
certification hearing.
5204
(d)(b) Within 5 days after notification, the administrative
5205
law judge shall determine the date of the public hearing, which
5206
shall be held before or during the certification hearing. If two
5207
or more local governments within one county request a public
5208
hearing, the hearing shall be consolidated so that only one
5209
public hearing is held in any county. The location of a
5210
consolidated hearing shall be determined by the administrative
5211
law judge.
5212
(e)(c) If a local government does not request a public
5213
hearing by the deadline specified in subparagraph 1. within 21
5214
days after the application has been determined complete, then
5215
members of the public who are not parties to the certification
5216
hearing and who reside persons residing within the jurisdiction
5217
of the local government may testify during the that portion of
5218
the certification hearing held under the provisions of paragraph
5219
(4)(a) at which public testimony is heard.
5220
(6)(a) No later than 29 25 days before the certification
5221
hearing, the department or the applicant may request that the
5222
administrative law judge cancel the certification hearing and
5223
relinquish jurisdiction to the department if all parties to the
5224
proceeding stipulate that there are no disputed issues of
5225
material fact or law to be raised at the certification hearing.
5226
(b) The administrative law judge shall issue an order
5227
granting or denying the request within 5 days.
5228
(c) If the administrative law judge grants the request, the
5229
department and the applicant shall publish notices of the
5230
cancellation of the certification hearing in accordance with s.
5231
5232
(d)1. If the administrative law judge grants the request,
5233
the department shall prepare and issue a final order in
5234
accordance with s. 403.529(1)(a).
5235
2. Parties may submit proposed final orders to the
5236
department no later than 10 days after the administrative law
5237
judge issues an order relinquishing jurisdiction.
5238
Section 80. Subsection (1) of section 403.5271, Florida
5239
Statutes, is amended to read:
5240
403.5271 Alternate corridors.--
5241
(1) No later than 45 days before the originally scheduled
5242
certification hearing, any party may propose alternate
5243
transmission line corridor routes for consideration under the
5244
provisions of this act.
5245
(a) A notice of a proposed alternate corridor must be filed
5246
with the administrative law judge, all parties, and any local
5247
governments in whose jurisdiction the alternate corridor is
5248
proposed. The filing must include the most recent United States
5249
Geological Survey 1:24,000 quadrangle maps specifically
5250
delineating the corridor boundaries, a description of the
5251
proposed corridor, and a statement of the reasons the proposed
5252
alternate corridor should be certified.
5253
(b)1. Within 7 days after receipt of the notice, the
5254
applicant and the department shall file with the administrative
5255
law judge and all parties a notice of acceptance or rejection of
5256
a proposed alternate corridor for consideration. If the alternate
5257
corridor is rejected by the applicant or the department, the
5258
certification hearing and the public hearings shall be held as
5259
scheduled. If both the applicant and the department accept a
5260
proposed alternate corridor for consideration, the certification
5261
hearing and the public hearings shall be rescheduled, if
5262
necessary. If a filing for an alternate corridor is accepted for
5263
consideration by the department and the applicant, any newly
5264
affected local government must notify the administrative law
5265
judge and all parties not later than 65 days prior to the
5266
rescheduled certification hearing as to whether the local
5267
government wishes to have such a public hearing. The local
5268
government is responsible for providing the location of the
5269
public hearing if held separately from the certification hearing.
5270
The provisions of s. 403.527(4)(b) and (c) shall apply. Notice
5271
of the local hearings shall be published in accordance with s.
5272
5273
2. If rescheduled, the certification hearing shall be held
5274
no more than 90 days after the previously scheduled certification
5275
hearing, unless the data submitted under paragraph (d) is
5276
determined to be incomplete, in which case the rescheduled
5277
certification hearing shall be held no more than 105 days after
5278
the previously scheduled certification hearing. If additional
5279
time is needed due to the alternate corridor crossing a local
5280
government jurisdiction that was not previously affected, the
5281
remainder of the schedule listed below shall be appropriately
5282
adjusted by the administrative law judge to allow that local
5283
government to prepare a report pursuant to s. 403.526(2)(a)5.
5284
Notice that the certification hearing has been deferred due to
5285
the acceptance of the alternate corridor shall be published in
5286
accordance with s. 403.5363.
5287
(c) Notice of the filing of the alternate corridor, of the
5288
revised time schedules, of the deadline for newly affected
5289
persons and agencies to file notice of intent to become a party,
5290
of the rescheduled hearing date, and of the proceedings shall be
5291
published by the alternate proponent in accordance with s.
5292
403.5363(2) and (6). If the notice is not timely published or
5293
does not meet the notice requirements, the alternate shall be
5294
deemed withdrawn.
5295
(d) Within 21 days after acceptance of an alternate
5296
corridor by the department and the applicant, the party proposing
5297
an alternate corridor shall have the burden of providing all data
5298
to the agencies listed in s. 403.526(2) and newly affected
5299
agencies necessary for the preparation of a supplementary report
5300
on the proposed alternate corridor.
5301
(e)1. Reviewing agencies shall advise the department of any
5302
issues concerning completeness no later than 15 days after the
5303
submittal of the data required by paragraph (d). Within 22 days
5304
after receipt of the data, the department shall issue a
5305
determination of completeness.
5306
2. If the department determines that the data required by
5307
paragraph (d) is not complete, the party proposing the alternate
5308
corridor must file such additional data to correct the
5309
incompleteness. This additional data must be submitted within 14
5310
days after the determination by the department.
5311
3. Reviewing agencies may advise the department of any
5312
issues concerning completeness of the additional data within 10
5313
days after the filing by the party proposing the alternate
5314
corridor. If the department, within 14 days after receiving the
5315
additional data, determines that the data remains incomplete, the
5316
incompleteness of the data is deemed a withdrawal of the proposed
5317
alternate corridor. The department may make its determination
5318
based on recommendations made by other affected agencies.
5319
(f) The agencies listed in s. 403.526(2) and any newly
5320
affected agencies shall file supplementary reports with the
5321
applicant and the department which address the proposed alternate
5322
corridors no later than 24 days after the data submitted pursuant
5323
to paragraph (d) or paragraph (e) is determined to be complete.
5324
(g) The agency reports on alternate corridors must include
5325
all information required by s. 403.526(2).
5326
(h) When an agency whose agency head is a collegial body,
5327
such as a commission, board, or council, is required to submit a
5328
report pursuant to this section and is required by its own
5329
internal procedures to have the report reviewed by its agency
5330
head prior to finalization, the agency may submit to the
5331
department a draft version of the report by the deadline
5332
indicated in paragraph (f), and shall submit a final version of
5333
the report after review by the agency head no later than 7 days
5334
after the deadline indicated in paragraph (f).
5335
(i) The department shall file with the administrative law
5336
judge, the applicant, and all parties a project analysis
5337
consistent with s. 403.526(3) no more than 16 days after
5338
submittal of agency reports on the proposed alternate corridor.
5339
Section 81. Subsection (3) of section 403.5272, Florida
5340
Statutes, is amended to read:
5341
403.5272 Informational public meetings.--
5342
(3) A local government or regional planning council that
5343
intends to conduct an informational public meeting must provide
5344
notice of the meeting, with notice sent to all parties listed in
5345
s. 403.527(2)(a), not less than 15 5 days before the meeting and
5346
to the general public, in accordance with the provisions of s.
5347
403.5363(4).
5348
Section 82. Subsection (1) of section 403.5312, Florida
5349
Statutes, is amended to read:
5350
403.5312 Filing of notice of certified corridor route.--
5351
(1) Within 60 days after certification of a directly
5354
applicant shall file with the department and, in accordance with
5355
s. 28.222, with the clerk of the circuit court for each county
5356
through which the corridor will pass, a notice of the certified
5357
route.
5358
Section 83. Section 403.5363, Florida Statutes, is amended
5359
to read:
5360
403.5363 Public notices; requirements.--
5361
(1)(a) The applicant shall arrange for the publication of
5362
the notices specified in paragraph (b).
5363
1. The notices shall be published in newspapers of general
5364
circulation within counties crossed by the transmission line
5365
corridors proper for certification. The required newspaper
5366
notices for filing of an application and for the certification
5367
hearing shall be one-half page in size in a standard-size
5368
newspaper or a full page in a tabloid-size newspaper and
5369
published in a section of the newspaper other than the section
5370
for legal notices. These two notices must include a map generally
5371
depicting all transmission corridors proper for certification. A
5372
newspaper of general circulation shall be the newspaper within a
5373
county crossed by a transmission line corridor proper for
5374
certification which newspaper has the largest daily circulation
5375
in that county and has its principal office in that county. If
5376
the newspaper having the largest daily circulation has its
5377
principal office outside the county, the notices must appear in
5378
both the newspaper having the largest circulation in that county
5379
and in a newspaper authorized to publish legal notices in that
5380
county.
5381
2. The department shall adopt rules specifying the content
5382
of the newspaper notices.
5383
3. All notices published by the applicant shall be paid for
5384
by the applicant and shall be in addition to the application fee.
5385
(b) Public notices that must be published under this
5386
section include:
5387
1. The notice of the filing of an application, which must
5388
include a description of the proceedings required by this act.
5389
The notice must describe the provisions of s. 403.531(1) and (2)
5390
and give the date by which notice of intent to be a party or a
5391
petition to intervene in accordance with s. 403.527(2) must be
5392
filed. This notice must be published no more than 21 days after
5393
the application is filed. The notice shall, at a minimum, be
5394
one-half page in size in a standard-size newspaper or a full page
5395
in a tabloid-size newspaper. The notice must include a map
5396
generally depicting all transmission corridors proper for
5397
certification.
5398
2. The notice of the certification hearing and any other
5399
public hearing held permitted under s. 403.527(4). The notice
5400
must include the date by which a person wishing to appear as a
5401
party must file the notice to do so. The notice of the originally
5402
scheduled certification hearing must be published at least 65
5403
days before the date set for the certification hearing. The
5404
notice shall meet the same size and map requirements required in
5405
subparagraph 1.
5406
3. The notice of the cancellation of the certification
5407
hearing under s. 403.527(6), if applicable. The notice must be
5408
published at least 3 days before the date of the originally
5409
scheduled certification hearing. The notice shall, at a minimum,
5410
be one-quarter page in size in a standard-size newspaper or one-
5411
half page in a tabloid-size newspaper. The notice shall not
5412
require a map to be included.
5413
4. The notice of the deferment of the certification hearing
5414
due to the acceptance of an alternate corridor under s.
5415
403.5272(1)(b)2. The notice must be published at least 7 days
5416
before the date of the originally scheduled certification
5417
hearing. The notice shall, at a minimum, be one-eighth page in
5418
size in a standard-size newspaper or one-quarter page in a
5419
tabloid-size newspaper. The notice shall not require a map to be
5420
included.
5421
5. If the notice of the rescheduled certification hearing
5422
required of an alternate proponent under s. 403.5271(1)(c) is not
5423
timely published or does not meet the notice requirements such
5424
that an alternate corridor is withdrawn under the provisions of
5425
s. 403.5271(1)(c), the notice of rescheduled hearing and any
5426
local hearings shall be provided by the applicant at least 30
5427
days prior to the rescheduled certification hearing.
5428
6.4. The notice of the filing of a proposal to modify the
5429
certification submitted under s. 403.5315, if the department
5430
determines that the modification would require relocation or
5431
expansion of the transmission line right-of-way or a certified
5432
substation.
5433
(2) Each The proponent of an alternate corridor shall
5434
arrange for newspaper notice of the publication of the filing of
5435
the proposal for an alternate corridor. If there is more than
5436
one alternate proponent, the proponents may jointly publish
5437
notice, so long as the content requirements below are met and the
5438
maps are legible.
5439
(a) The notice shall specify, the revised time schedules,
5440
the date by which newly affected persons or agencies may file the
5441
notice of intent to become a party, and the date of the
5442
rescheduled hearing, and any public hearing held under s.
5443
403.527(1)(b)1.
5444
(b) A notice listed in this subsection must be published in
5445
a newspaper of general circulation within the county or counties
5446
crossed by the proposed alternate corridor and comply with the
5447
content, size, and map requirements set forth in this section
5448
paragraph (1)(a).
5449
(c) The notice of the alternate corridor proposal must be
5450
published not less than 45 50 days before the rescheduled
5451
certification hearing.
5452
(3) The department shall arrange for the publication of the
5453
following notices in the manner specified by chapter 120:
5454
(a) The notice of the filing of an application and the date
5455
by which a person intending to become a party must file a
5456
petition to intervene or a notice of intent to be a party. The
5457
notice must be published no later than 21 days after the
5458
application has been filed.
5459
(b) The notice of any administrative hearing for
5460
certification, if applicable. The notice must be published not
5461
less than 65 days before the date set for a hearing, except that
5462
notice for a rescheduled certification hearing after acceptance
5463
of an alternative corridor must be published not less than 50
5464
days before the date set for the hearing.
5465
(c) The notice of the cancellation of a certification
5466
hearing under s. 403.527(6), if applicable. The notice must be
5467
published not later than 7 days before the date of the originally
5468
scheduled certification hearing.
5469
(d) The notice of the deferment of the certification
5470
hearing due to the acceptance of an alternate corridor under s.
5471
403.527(1)(b)2. The notice must be published at least 7 days
5472
before the date of the originally scheduled certification
5473
hearing.
5474
(e)(d) The notice of the hearing before the siting board,
5475
if applicable.
5476
(f)(e) The notice of stipulations, proposed agency action,
5477
or a petition for modification.
5478
(4) A local government or regional planning council that
5479
proposes to conduct an informational public meeting pursuant to
5480
s. 403.5272 must publish notice of the meeting in a newspaper of
5481
general circulation within the county or counties in which the
5482
proposed electrical transmission line will be located no later
5483
than 7 days prior to the meeting. A newspaper of general
5484
circulation shall be the newspaper which has the largest daily
5485
circulation in that county and has its principal office in that
5486
county. If the newspaper with the largest daily circulation has
5487
its principal office outside the county, the notices shall appear
5488
in both the newspaper having the largest circulation in that
5489
county and in a newspaper authorized to publish legal notices in
5490
that county.
5491
(5)(a) A good faith effort shall be made by the applicant
5492
to provide direct notice of the filing of an application for
5493
certification by U.S. mail or hand delivery no later than 45 days
5494
after filing of the application to all local landowners whose
5495
property, as noted in the most recent local government tax
5496
records, and residences, are located within one-quarter mile of
5497
the proposed boundaries of the proposed electrical transmission
5498
line corridors, that include a transmission line defined by s.
5499
403.522(22).
5500
(b) No later than 60 days after the filing of an
5501
application for certification, the applicant shall file a list
5502
with the department's Siting Coordination Office of landowners
5503
and residences that were notified.
5504
(6)(a) A good faith effort shall be made by the proponent
5505
of an alternate corridor to provide direct notice of the filing
5506
of an alternate corridor for certification by U.S. mail or hand
5507
delivery of the filing of no later than 30 days after filing of
5508
the alternate corridor to all local landowners whose property, as
5509
noted in the most recent local government tax records, and
5510
residences, are located within one-quarter mile of the proposed
5511
boundaries of the proposed alternate transmission line corridor
5512
that includes a transmission line defined by 403.522(22).
5513
(b) No later than 45 days after the filing of an alternate
5514
corridor for certification, the proponent of an alternate
5515
corridor shall file a list with the department's Siting
5516
Coordination Office of landowners and residences that were
5517
notified.
5518
Section 84. Subsection (1) of section 403.5365, Florida
5519
Statutes, is amended to read:
5520
403.5365 Fees; disposition.--The department shall charge
5521
the applicant the following fees, as appropriate, which, unless
5522
otherwise specified, shall be paid into the Florida Permit Fee
5523
Trust Fund:
5524
(1) An application fee.
5525
(a) The application fee shall be $100,000, plus $750 per
5526
mile for each mile of corridor in which the transmission line
5527
right-of-way is proposed to be located within an existing
5528
electric transmission line right-of-way or within any existing
5529
right-of-way for any road, highway, railroad, or other
5530
aboveground linear facility, or $1,000 per mile for each mile of
5531
electric transmission line corridor proposed to be located
5532
outside the existing right-of-way.
5533
(b) Sixty percent of the fee shall go to the department to
5534
cover any costs associated with coordinating the review of and
5535
acting upon the application and any costs for field services
5536
associated with monitoring construction and operation of the
5537
electric transmission line facility.
5538
(c) The following percentages shall be transferred to the
5539
Operating Trust Fund of the Division of Administrative Hearings
5540
of the Department of Management Services:
5541
1. Five percent to compensate for expenses from the initial
5542
exercise of duties associated with the filing of an application.
5543
2. An additional 10 percent if an administrative hearing
5544
under s. 403.527 is held.
5545
(d)1. Upon written request with proper itemized accounting
5546
within 90 days after final agency action by the siting board or
5547
the department or written notification of the withdrawal of the
5548
application, the agencies that prepared reports under s. 403.526
5550
s. 403.5271 may submit a written request to the department for
5551
reimbursement of expenses incurred during the certification
5552
proceedings. The request must contain an accounting of expenses
5553
incurred, which may include time spent reviewing the application,
5554
preparation of any studies required of the agencies by this act,
5555
agency travel and per diem to attend any hearing held under this
5556
act, and for the local government or regional planning council
5557
providing additional notice of the informational public meeting.
5558
The department shall review the request and verify whether a
5559
claimed expense is valid. Valid expenses shall be reimbursed;
5560
however, if the amount of funds available for reimbursement is
5561
insufficient to provide for full compensation to the agencies,
5562
reimbursement shall be on a prorated basis.
5563
2. If the application review is held in abeyance for more
5564
than 1 year, the agencies may submit a request for reimbursement
5565
under subparagraph 1. This time period shall be measured from the
5566
date the applicant has provided written notification to the
5567
department that it desires to have the application review process
5568
placed on hold. The fee disbursement shall be processed in
5569
accordance with subparagraph 1.
5570
(e) If any sums are remaining, the department shall retain
5571
them for its use in the same manner as is otherwise authorized by
5572
this section; however, if the certification application is
5573
withdrawn, the remaining sums shall be refunded to the applicant
5574
within 90 days after submittal of the written notification of
5575
withdrawal.
5576
Section 85. Section 403.7031, Florida Statutes, is amended
5577
to read:
5578
403.7031 Limitations on definitions adopted by local
5579
ordinance.--A county or a municipality may shall not adopt by
5580
ordinance, or use in practice, any definition that is
5581
inconsistent with the definitions in s. 403.703.
5582
Section 86. Section 403.7055, Florida Statutes, is created
5583
to read:
5584
403.7055 Methane capture.--
5585
(1) Each county is encouraged to form multicounty regional
5586
solutions to the capture and reuse or sale of methane gas from
5587
landfills and wastewater treatment facilities.
5588
(2) The department shall provide planning guidelines and
5589
technical assistance to each county to develop and implement such
5590
multicounty efforts.
5591
Section 87. Paragraph (i) of subsection (6) of section
5592
403.814, Florida Statutes, is amended to read:
5593
403.814 General permits; delegation.--
5594
(6) Construction and maintenance of electric transmission
5595
or distribution lines in wetlands by electric utilities, as
5596
defined in s. 366.02, shall be authorized by general permit
5597
provided the following provisions are implemented:
5598
(i) This subsection also applies to transmission lines and
5599
appurtenances certified pursuant to part II of this chapter.
5600
However, the criteria of the general permit shall not otherwise
5601
affect the authority of the siting board to condition
5602
certification of transmission lines as authorized under part II
5603
of this chapter.
5604
5605
Maintenance of existing electric lines and clearing of vegetation
5606
in wetlands conducted without the placement of structures in
5607
wetlands or other dredge and fill activities does not require an
5608
individual or general construction permit. For the purpose of
5609
this subsection, wetlands shall mean the landward extent of
5610
waters of the state regulated under ss. 403.91-403.929 and
5611
isolated and nonisolated wetlands regulated under part IV of
5612
chapter 373. The provisions provided in this subsection apply to
5613
the permitting requirements of the department, any water
5614
management district, and any local government implementing part
5615
IV of chapter 373 or part VIII of this chapter.
5616
Section 88. Section 489.145, Florida Statutes, is amended
5617
to read:
5618
489.145 Guaranteed energy performance savings
5619
contracting.--
5620
(1) SHORT TITLE.--This section may be cited as the
5621
"Guaranteed Energy, Water, and Wastewater Performance Savings
5622
Contracting Act."
5623
(2) LEGISLATIVE FINDINGS.--The Legislature finds that
5624
investment in energy, water, and wastewater conservation measures
5625
in agency facilities can reduce the amount of energy and water
5626
consumed and wastewater treated and produce immediate and long-
5627
term savings. It is the policy of this state to encourage each
5628
agency agencies to invest in energy, water, and wastewater
5629
efficiency and conservation measures that reduce energy
5630
consumption, produce a cost savings for the agency, and improve
5631
the quality of indoor air in public facilities and to operate,
5632
maintain, and, when economically feasible, build or renovate
5633
existing agency facilities in such a manner as to minimize energy
5634
and water consumption and wastewater production and maximize
5635
energy, water, and wastewater savings. It is further the policy
5636
of this state to encourage agencies to reinvest any energy
5637
savings resulting from energy, water, and wastewater efficiency
5638
and conservation measures in additional energy, water, and
5639
wastewater conservation measures efforts.
5640
(3) DEFINITIONS.--As used in this section, the term:
5641
(a) "Agency" means the state, a municipality, or a
5642
political subdivision.
5643
(b) "Energy conservation measure" means a training program,
5644
facility alteration, or equipment purchase to be used in new
5645
construction, including an addition to an existing facilities or
5646
infrastructure facility, which reduces energy, water, or
5647
wastewater or energy-related operating costs and includes, but is
5648
not limited to:
5649
1. Insulation of the facility structure and systems within
5650
the facility.
5651
2. Storm windows and doors, caulking or weatherstripping,
5652
multiglazed windows and doors, heat-absorbing, or heat-
5653
reflective, glazed and coated window and door systems, additional
5654
glazing, reductions in glass area, and other window and door
5655
system modifications that reduce energy consumption.
5656
3. Automatic energy control systems.
5657
4. Heating, ventilating, or air-conditioning system
5658
modifications or replacements.
5659
5. Replacement or modifications of lighting fixtures to
5660
increase the energy efficiency of the lighting system, which, at
5661
a minimum, must conform to the applicable state or local building
5662
code.
5663
6. Energy recovery systems.
5664
7. Cogeneration systems that produce steam or forms of
5665
energy such as heat, as well as electricity, for use primarily
5666
within a facility or complex of facilities.
5667
8. Energy conservation measures that reduce Btu, kW, or kWh
5668
consumed or that provide long-term operating cost reductions or
5669
significantly reduce Btu consumed.
5670
9. Renewable energy systems, such as solar, biomass, or
5671
wind systems.
5672
10. Devices that reduce water consumption or sewer charges.
5673
11. Energy storage systems, such as fuel cells and thermal
5674
storage.
5675
12. Energy generating technologies, such as microturbines.
5676
13. Any other repair, replacement, or upgrade of existing
5677
equipment.
5678
(c) "Energy, water, and wastewater cost savings" means a
5679
measured reduction in the cost of fuel, energy, or water
5680
consumption or wastewater production, and stipulated operation
5681
and maintenance created from the implementation of one or more
5682
energy, water, or wastewater efficiency or conservation measures
5683
when compared with an established baseline for the previous cost
5684
of fuel, energy, or water consumption or wastewater production,
5685
and stipulated operation and maintenance.
5686
(d) "Guaranteed energy, water, and wastewater performance
5687
savings contract" means a contract for the evaluation,
5688
recommendation, and implementation of energy, water, and
5689
wastewater efficiency or conservation measures, which, at a
5690
minimum, shall include:
5691
1. The design and installation of equipment to implement
5692
one or more of such measures and, if applicable, operation and
5693
maintenance of such measures.
5694
2. The amount of any actual annual savings that meet or
5695
exceed total annual contract payments made by the agency for the
5696
contract.
5697
3. The finance charges incurred by the agency over the life
5698
of the contract.
5699
(e) "Guaranteed energy performance savings contractor"
5700
means a person or business that is licensed under chapter 471,
5701
chapter 481, or this chapter, and is experienced in the analysis,
5702
design, implementation, or installation of energy conservation
5703
measures through energy performance contracts.
5704
(f) "Investment grade energy audit" means a detailed
5705
energy, water, and wastewater audit, along with an accompanying
5706
analysis of proposed energy, water, and wastewater conservation
5707
measures, and their costs, savings, and benefits prior to entry
5708
into an energy savings contract.
5709
(4) PROCEDURES.--
5710
(a) An agency may enter into a guaranteed energy
5711
performance savings contract with a guaranteed energy performance
5712
savings contractor to significantly reduce energy, water, or
5713
wastewater consumption or production of energy-related operating
5714
costs of an agency facility through one or more energy, water, or
5715
wastewater efficiency or conservation measures.
5716
(b) Before design and installation of energy conservation
5717
measures, the agency must obtain from a guaranteed energy
5718
performance savings contractor an investment grade audit a report
5719
that summarizes the costs associated with the energy conservation
5720
measures or energy-related operational cost-saving measures and
5721
provides an estimate of the amount of the energy cost savings.
5722
The agency and the guaranteed energy performance savings
5723
contractor may enter into a separate agreement to pay for costs
5724
associated with the preparation and delivery of the report;
5725
however, payment to the contractor shall be contingent upon the
5726
report's projection of energy or operational cost savings being
5727
equal to or greater than the total projected costs of the design
5728
and installation of the report's energy conservation measures.
5729
(c) The agency may enter into a guaranteed energy
5730
performance savings contract with a guaranteed energy performance
5731
savings contractor if the agency finds that the amount the agency
5732
would spend on the energy conservation or energy-related cost-
5733
savings measures will not likely exceed the amount of the energy
5734
or energy-related cost savings for up to 20 years from the date
5735
of installation, based on the life cycle cost calculations
5736
provided in s. 255.255, if the recommendations in the report were
5737
followed and if the qualified provider or providers give a
5738
written guarantee that the energy or energy-related cost savings
5739
will meet or exceed the costs of the system. However, actual
5740
computed cost savings must meet or exceed the estimated cost
5741
savings provided in program approval. Baseline adjustments used
5742
in calculations must be specified in the contract. The contract
5743
may provide for installment payments for a period not to exceed
5744
20 years.
5745
(d) A guaranteed energy performance savings contractor must
5746
be selected in compliance with s. 287.055; except that if fewer
5747
than three firms are qualified to perform the required services,
5748
the requirement for agency selection of three firms, as provided
5750
not apply.
5751
(e) Before entering into a guaranteed energy performance
5752
savings contract, an agency must provide published notice of the
5753
meeting in which it proposes to award the contract, the names of
5754
the parties to the proposed contract, and the contract's purpose.
5755
(f) A guaranteed energy performance savings contract may
5756
provide for financing, including tax-exempt financing, by a third
5757
party. The contract for third party financing may be separate
5758
from the guaranteed energy performance contract. A separate
5759
contract for third party financing must include a provision that
5760
the third party financier must not be granted rights or
5761
privileges that exceed the rights and privileges available to the
5762
guaranteed energy performance savings contractor.
5763
(g) Financing for guaranteed energy performance savings
5764
contracts may be provided under the authority of s. 287.064.
5765
(h) The office of the Chief Financial Officer shall review
5766
proposals from state agencies to ensure that the most effective
5767
financing is being used.
5768
(i) Annually, the agency that has entered into the contract
5769
shall provide the Department of Management Services and the Chief
5770
Financial Officer the measurement and verification report
5771
required by the contract to validate that energy savings have
5772
occurred.
5773
(j)(g) In determining the amount the agency will finance to
5774
acquire the energy conservation measures, the agency may reduce
5775
such amount by the application of any grant moneys, rebates, or
5776
capital funding available to the agency for the purpose of buying
5777
down the cost of the guaranteed energy performance savings
5778
contract. However, in calculating the life cycle cost as required
5779
in paragraph (c), the agency shall not apply any grants, rebates,
5780
or capital funding.
5781
(5) CONTRACT PROVISIONS.--
5782
(a) A guaranteed energy performance savings contract must
5783
include a written guarantee that may include, but is not limited
5784
to the form of, a letter of credit, insurance policy, or
5785
corporate guarantee by the guaranteed energy performance savings
5786
contractor that annual associated energy cost savings will meet
5787
or exceed the amortized cost of energy conservation measures.
5788
(b) The guaranteed energy performance savings contract must
5789
provide that all payments, except obligations on termination of
5790
the contract before its expiration, may be made over time, but
5791
not to exceed 20 years from the date of complete installation and
5792
acceptance by the agency, and that the annual savings are
5793
guaranteed to the extent necessary to make annual payments to
5794
satisfy the guaranteed energy performance savings contract.
5795
(c) The guaranteed energy performance savings contract must
5796
require that the guaranteed energy performance savings contractor
5797
to whom the contract is awarded provide a 100-percent public
5798
construction bond to the agency for its faithful performance, as
5799
required by s. 255.05.
5800
(d) The guaranteed energy performance savings contract may
5801
contain a provision allocating to the parties to the contract any
5802
annual energy cost savings that exceed the amount of the energy
5803
cost savings guaranteed in the contract.
5804
(e) The guaranteed energy performance savings contract
5805
shall require the guaranteed energy performance savings
5806
contractor to provide to the agency an annual reconciliation of
5807
the guaranteed energy or energy-related cost savings. If the
5808
reconciliation reveals a shortfall in annual energy or energy-
5809
related cost savings, the guaranteed energy performance savings
5810
contractor is liable for such shortfall. If the reconciliation
5811
reveals an excess in annual energy cost savings, the excess
5812
savings may be allocated under paragraph (d) but may not be used
5813
to cover potential energy cost savings shortages in subsequent
5814
contract years.
5815
(f) The guaranteed energy performance savings contract must
5816
provide for payments of not less than one-twentieth of the price
5817
to be paid within 2 years from the date of the complete
5818
installation and acceptance by the agency using straight-line
5819
amortization for the term of the loan, and the remaining costs to
5820
be paid at least quarterly, not to exceed a 20-year term, based
5821
on life cycle cost calculations.
5822
(g) The guaranteed energy performance savings contract may
5823
extend beyond the fiscal year in which it becomes effective;
5824
however, the term of any contract expires at the end of each
5825
fiscal year and may be automatically renewed annually for up to
5826
20 years, subject to the agency making available sufficient
5827
annual funds appropriations based upon continued realized energy
5828
savings.
5829
(h) The guaranteed energy performance savings contract must
5830
stipulate that it does not constitute a debt, liability, or
5831
obligation of the state.
5832
(6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
5833
Department of Management Services, with the assistance of the
5834
Office of the Chief Financial Officer, shall may, within
5835
available resources, provide technical content assistance to
5836
state agencies contracting for energy conservation measures and
5837
engage in other activities considered appropriate by the
5838
department for promoting and facilitating guaranteed energy
5839
performance contracting by state agencies. The Department of
5840
Management Services shall review the investment-grade audit for
5841
each proposed project and certify that the cost savings are
5842
appropriate and sufficient for the term of the contract. The
5843
Office of the Chief Financial Officer, with the assistance of the
5844
Department of Management Services, shall develop model
5845
contractual and other related documents and shall, by rule may,
5846
within available resources, develop the contract requirements
5847
model contractual and related documents for use by state and
5848
other agencies. Prior to entering into a guaranteed energy
5849
performance savings contract, any contract or lease for third-
5850
party financing, or any combination of such contracts, a state
5851
agency shall submit such proposed contract or lease to the Office
5852
of the Chief Financial Officer for review and approval. A
5853
proposed contract or lease shall include:
5854
(a) Supporting information required by s. 216.023(a)9. in
5856
489.145, the criteria may, at a minimum, include the
5857
specification of a benchmark cost of capital and minimum real
5858
rate of return on energy, water, or wastewater savings against
5859
which proposals shall be evaluated.
5860
(b) Documentation supporting recurring funds requirements
5862
(c) Approval by the agency head or his or her designee.
5863
(d) An agency measurement and verification plan to monitor
5864
cost savings.
5865
(7) FUNDING SUPPORT.--For purposes of consolidated
5866
financing of deferred payment commodity contracts under this
5867
section by a state agency, any such contract must be supported
5868
from available recurring funds appropriated to the agency in an
5869
appropriation category, as defined in chapter 216, which the
5870
Legislature has designated for payment of the obligation incurred
5871
under this section, or which the Chief Financial Officer has
5872
determined is appropriate.
5873
5874
The office of the Chief Financial Officer may not approve any
5875
contract from any state agency submitted under this section which
5876
does not meet the requirements of this section.
5877
Section 89. Section 526.203, Florida Statutes, is created
5878
to read:
5879
526.203 Renewable fuel standard.--
5880
(1) DEFINITIONS.--As used in this ss. 526.203-526.206, the
5881
terms "blender," "exporter," "importer," "terminal supplier," and
5882
"wholesaler" shall be defined as provided in s. 206.01.
5883
(a) "Fuel ethanol-blended gasoline" means a mixture of 90
5884
percent gasoline and 10 percent fuel ethanol or similar alcohol.
5885
The 10 percent fuel ethanol, or similar alcohol, portion may be
5886
derived from any agricultural source.
5887
(b) "Unblended gasoline" means gasoline that has not been
5888
blended with fuel ethanol.
5889
(2) FUEL STANDARD.--On and after December 31, 2010, all
5890
gasoline sold or offered for sale in Florida at retail shall
5891
contain, at a minimum 10 percent of a agriculturally derived,
5892
denatured ethanol fuel by volume. No terminal supplier, importer,
5893
exporter, blender, or wholesaler in this state shall sell or
5894
deliver fuel that which does not meet the blending requirements
5895
of ss. 526.203-526.206.
5896
(3) EXEMPTIONS.--The requirements of ss. 526.203-526.206 do
5897
not apply to the following:
5898
(a) Fuel used in aircraft;
5899
(b) Fuel sold at marinas and mooring docks for use in boats
5900
and similar watercraft;
5901
(c) Fuel sold at public or private racecourses intended to
5902
be used exclusively as a fuel for off-highway motor sports racing
5903
events;
5904
(d) Fuel sold for use in collector vehicles or vehicles
5905
eligible to be licensed as collector vehicles, off-road vehicles,
5906
motorcycles, or small engines.
5907
(e) Fuel unable to comply due to requirements of the United
5908
States Environmental Protection Agency;
5909
(f) Fuel bulk transferred between terminals;
5910
(g) Fuel exported from the state in accordance with s.
5911
5912
(h) Fuel qualifying for any exemption in accordance with
5913
chapter 206;
5914
(i) Fuel at an electric power plant that is regulated by
5915
the United States Nuclear Regulatory Commission unless such
5916
commission has approved the use of fuel meeting the requirements
5917
of subsection (2);
5918
(j) Fuel for a railroad locomotive; or
5919
(k) Fuel for equipment, including vehicle or vessel,
5920
covered by a warranty that would be voided, if explicitly stated
5921
in writing by the vehicle or vessel manufacturer, if it were to
5922
be operated using fuel meeting the requirements of subsection
5923
(2).
5924
(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,
5925
importer, exporter, blender, and wholesaler shall include in its
5926
report to the Department of Revenue the number of gallons of
5927
gasoline fuel meeting and not meeting the requirements of ss.
5928
526.203-526.206 which is sold and delivered by the terminal
5929
supplier, importer, exporter, blender, or wholesaler in the
5930
state, and the destination as to the county in the state to which
5931
the gasoline was delivered for resale at retail or use.
5932
Section 90. Section 526.204, Florida Statutes, is created to
5933
read:
5934
526.204 Suspension during declared emergencies; waivers.--
5935
(1) In order to account for supply disruptions and ensure
5936
reliable supplies of motor fuels for Florida, the requirements of
5937
ss. 526.203-526.206 shall be suspended when the provisions of s.
5938
252.36(2) in any area of the state are in effect plus an
5939
additional 30 days.
5940
(2) If a terminal supplier, importer, exporter, blender, or
5941
wholesaler is unable to obtain fuel ethanol or fuel ethanol-
5942
blended gasoline at the same or lower price than the price of
5943
unblended gasoline, the sale or delivery of unblended gasoline by
5944
the terminal supplier, importer, exporter, blender, or wholesaler
5945
shall not be deemed a violation of ss. 526.203-526.206. The
5946
terminal supplier, importer, exporter, blender, or wholesaler
5947
shall, upon request, provide the required documentation regarding
5948
the sales transaction and price of fuel ethanol, fuel ethanol-
5949
blended gasoline, and unblended gasoline to the Department of
5950
Revenue.
5951
Section 91. Section 526.205, Florida Statutes, is created
5952
to read:
5953
526.205 Enforcement.--
5954
(1) It is unlawful to sell or distribute, or offer for sale
5955
or distribution, any gasoline that fails to meet the requirements
5956
of ss. 526.203-526.207.
5957
(2) Upon determining that a terminal supplier, importer,
5958
exporter, blender, or wholesaler is not meeting the requirements
5959
of s. 526.203(2), the Department of Revenue shall notify the
5960
department.
5961
(3) Upon notification by the Department of Revenue of a
5962
violation of ss. 526.203-526.206, the department shall, subject
5963
to subsection (1), grant an extension or enter an order imposing
5964
one or more of the following penalties:
5965
(a) Issuance of a warning letter.
5966
(b) Imposition of an administrative fine of not more than
5967
$1,000 per violation for a first-time offender. For a second-time
5968
or repeat offender, or any person who is shown to have willfully
5969
and intentionally violated any provision of this chapter, the
5970
administrative fine shall not exceed $5,000 per violation. When
5971
imposing any fine under this section, the department shall
5972
consider the amount of money the violator benefited from by
5973
noncompliance, whether the violation was committed willfully, and
5974
the compliance record of the violator.
5975
(c) Revocation or suspension of any registration issued by
5976
the department.
5977
(4) Any terminal supplier, importer, exporter, blender, or
5978
wholesaler may apply to the department by September 30, 2010, for
5979
an extension of time to comply with the requirements of ss.
5980
526.203-526.206. The application for an extension must
5981
demonstrate that the applicant has made a good faith effort to
5982
comply with the requirements but has been unable to do so for
5983
reasons beyond the applicant's control, such as delays in
5984
receiving governmental permits. The department shall review each
5985
application and make a determination as to whether the failure to
5986
comply was beyond the control of the applicant. If the department
5987
determines that the applicant made a good faith effort to comply,
5988
but was unable to do so for reasons beyond the applicant's
5989
control, the department shall grant an extension of time
5990
determined necessary for the applicant to comply. If no extension
5991
is granted, the department shall proceed with enforcement
5992
pursuant to subsection (3).
5993
Section 92. Section 526.206, Florida Statutes, is created
5994
to read:
5995
526.206 Rules.--
5996
(1) The Department of Revenue is authorized to adopt rules
5998
of ss. 526.203-526.206.
5999
(2) The Department of Agriculture and Consumer Services is
6001
to implement the provisions of ss. 526.203-526.206.
6002
Section 93. Studies and reports.--
6003
(1) The Florida Energy Commission shall conduct a study to
6004
evaluate and recommend the lifecycle greenhouse gas emissions
6005
associated with all renewable fuels, including, but not limited
6006
to, biodiesel, renewable diesel, biobutanol, ethanol derived from
6007
corn, ethanol derived from sugar, and cellulosic ethanol. In
6008
addition, the study shall evaluate and recommend a requirement
6009
that all renewable fuels introduced into commerce in the state,
6010
as a result of the renewable fuel standard, shall reduce the
6011
lifecycle greenhouse gas emissions by an average percentage. The
6012
study may also evaluate and recommend any benefits associated
6013
with the creation, banking, transfer, and sale of credits among
6014
fuel refiners, blenders, and importers.
6015
(2) The Florida Energy Commission shall submit a report
6016
containing specific recommendations to the President of the
6017
Senate and the Speaker of the House of Representatives no later
6018
than December 31, 2010.
6019
Section 94. Present subsection (5) of section 553.77,
6020
Florida Statutes, is renumbered as subsection (6), and a new
6021
subsection (5) is added to that section, to read:
6022
553.77 Specific powers of the commission.--
6023
(5) The commission may implement its recommendations
6024
delivered pursuant to subsection (2) of section 48 of chapter
6025
2007-73, Laws of Florida, by amending the Florida Energy
6026
Efficiency Code for Building Construction as provided in s.
6027
6028
Section 95. Section 553.886, Florida Statutes, is created
6029
to read:
6030
553.886 Energy-efficiency technologies.--The provisions of
6031
the Florida Building Code must facilitate and promote the use of
6032
cost-effective energy conservation, energy-demand management, and
6033
renewable energy technologies in buildings.
6034
Section 96. Section 553.901, Florida Statutes, is amended
6035
to read:
6036
553.901 Purpose of thermal efficiency code.--The Department
6037
of Community Affairs shall prepare a thermal efficiency code to
6038
provide for a statewide uniform standard for energy efficiency in
6039
the thermal design and operation of all buildings statewide,
6040
consistent with energy conservation goals, and to best provide
6041
for public safety, health, and general welfare. The Florida
6042
Building Commission shall adopt the Florida Energy Efficiency
6043
Code for Building Construction within the Florida Building Code,
6044
and shall modify, revise, update, and maintain the code to
6045
implement the provisions of this thermal efficiency code and
6046
amendments thereto, in accordance with the procedures of chapter
6047
120. The department shall, at least triennially, determine the
6048
most cost-effective energy-saving equipment and techniques
6049
available and report its determinations to the commission, which
6050
shall update the code to incorporate such equipment and
6051
techniques. The proposed changes shall be made available for
6052
public review and comment no later than 6 months prior to code
6053
implementation. Before adoption of any additional amendments to
6054
the Florida Energy Efficiency Code for Building Construction, the
6055
commission shall adopt by rule a definition of the term "cost-
6056
effective," for the purposes of this part, which shall include
6057
the criteria and measures to be used by the commission to
6058
evaluate proposed amendments shall be construed to mean cost-
6059
effective to the consumer.
6060
Section 97. Section 553.9061, Florida Statutes, is created
6061
to read:
6062
553.9061 Scheduled increases in thermal efficiency
6063
standards.--
6064
(1) This section establishes a schedule of required
6065
increases in the energy-efficiency performance of buildings that
6066
are subject to the requirements for energy efficiency as
6067
contained in the current edition of the Florida Building Code.
6068
The Florida Building Commission shall implement the following
6069
energy-efficiency goals using the triennial code-adoption process
6070
established for updates to the Florida Building Code in s.
6071
6072
(a) Include requirements in the 2010 edition of the Florida
6073
Building Code to increase the energy-efficiency performance of
6074
new buildings by at least 20 percent as compared to the
6075
performance achieved as a result of the implementation of the
6076
energy-efficiency provisions contained in the 2004 edition of the
6077
Florida Building Code, as amended on May 22, 2007;
6078
(b) Include requirements in the 2013 edition of the Florida
6079
Building Code to increase the energy-efficiency performance of
6080
new buildings by at least 30 percent as compared to the
6081
performance achieved as a result of the implementation of the
6082
energy-efficiency provisions contained in the 2004 edition of the
6083
Florida Building Code, as amended on May 22, 2007;
6084
(c) Include requirements in the 2016 edition of the Florida
6085
Building Code to increase the energy-efficiency performance of
6086
new buildings by at least 40 percent as compared to the
6087
performance achieved as a result of the implementation of the
6088
energy-efficiency provisions contained in the 2004 edition of the
6089
Florida Building Code, as amended on May 22, 2007; and
6090
(d) Include requirements in the 2019 edition of the Florida
6091
Building Code to increase the energy-efficiency performance of
6092
new buildings by at least 50 percent as compared to the
6093
performance achieved as a result of the implementation of the
6094
energy-efficiency provisions contained in the 2004 edition of the
6095
Florida Building Code, as amended on May 22, 2007.
6096
(2) The commission shall identify in any code-support and
6097
compliance documentation the specific building options and
6098
elements available to meet the energy-efficiency performance
6099
requirements required under subsection (1). Energy-efficiency
6100
performance options and elements include, but are not limited to:
6101
(a) Solar water heating;
6102
(b) Energy-efficient appliances;
6103
(c) Energy-efficient windows, doors, and skylights;
6104
(d) Low solar-absorption roofs, also known as "cool roofs";
6105
(e) Enhanced ceiling and wall insulation;
6106
(f) Reduced-leak duct systems;
6107
(g) Programmable thermostats; and
6108
(h) Energy-efficient lighting systems.
6109
Section 98. (1) The Florida Building Commission shall
6110
conduct a study to evaluate the energy-efficiency rating of new
6111
buildings and appliances. The study must include a review of the
6112
current energy-efficiency ratings and consumer labeling
6113
requirements contained in chapter 553, Florida Statutes. The
6114
commission shall submit a written report of its study to the
6115
President of the Senate and the Speaker of the House of
6116
Representatives on or before February 1, 2009. The report must
6117
contain the commission's recommendations regarding the
6118
strengthening and integration of energy-efficiency ratings and
6119
labeling requirements.
6120
(2) The provisions of this section expire July 1, 2009.
6121
Section 99. (1) The Florida Building Commission shall
6122
conduct a study to evaluate opportunities to restructure the
6123
Florida Energy Efficiency Code for Building Construction to
6124
achieve long-range improvements to building energy performance.
6125
During such study, the commission shall address the integration
6126
of the Thermal Efficiency Code established in part V of chapter
6127
553, Florida Statutes, the Energy Conservation Standards Act
6128
established in part VI of chapter 553, Florida Statutes, and the
6129
Florida Building Energy-Efficiency Rating Act established in part
6130
VIII of chapter 553, Florida Statutes.
6131
(2) The commission shall submit a report containing
6132
specific recommendations on the integration of the code and acts
6133
identified in subsection (1) to the President of the Senate and
6134
the Speaker of the House of Representatives on or before February
6135
1, 2009.
6136
(3) The provisions of this section expire July 1, 2009.
6137
Section 100. (1) The Department of Community Affairs, in
6138
conjunction with the Florida Energy Affordability Coalition,
6139
shall identify and review issues relating to the Low-Income Home
6140
Energy Assistance Program and the Weatherization Assistance
6141
Program, and identify recommendations that:
6142
(a) Support customer health, safety, and well-being;
6143
(b) Maximize available financial and energy-conservation
6144
assistance;
6145
(c) Improve the quality of service to customers seeking
6146
assistance; and
6147
(d) Educate customers to make informed decisions regarding
6148
energy use and conservation.
6149
(2) On or before January 1, 2009, the department shall
6150
report its findings and any recommended statutory changes
6151
required to implement such findings to the President of the
6152
Senate and the Speaker of the House of Representatives.
6153
(3) The provisions of this section expire July 1, 2009.
6154
Section 101. Subsection (1) of section 553.957, Florida
6155
Statutes, is amended to read:
6156
553.957 Products covered by this part.--
6157
(1) The provisions of this part apply to the testing,
6158
certification, and enforcement of energy conservation standards
6159
for the following types of new commercial and residential
6160
products sold in the state:
6161
(a) Refrigerators, refrigerator-freezers, and freezers
6162
which can be operated by alternating current electricity,
6163
excluding:
6164
1. Any type designed to be used without doors; and
6165
2. Any type which does not include a compressor and
6166
condenser unit as an integral part of the cabinet assembly.
6167
(b) Lighting equipment.
6168
(c) Showerheads.
6169
(d) Electric water heaters used to heat potable water in
6170
homes or businesses.
6171
(e) Electric motors used to pump water within swimming
6172
pools.
6173
(f) Water heaters for swimming pools.
6174
(g)(d) Any other type of consumer product which the
6175
department classifies as a covered product as specified in this
6176
part.
6177
Section 102. Section 553.975, Florida Statutes, is amended
6178
to read:
6179
553.975 Report to the Governor and Legislature.--The Public
6180
Service Commission shall submit a biennial report to the
6181
Governor, the President of the Senate, and the Speaker of the
6182
House of Representatives, concurrent with the report required by
6184
include an evaluation of the effectiveness of these standards on
6185
energy conservation in this state.
6186
Section 103. The Public Service Commission shall analyze
6187
utility revenue decoupling and provide a report and
6188
recommendations to the Governor, the President of the Senate, and
6189
the Speaker of the House of Representatives by January 1, 2009.
6190
Section 104. Subsection (6) is added to section 718.113,
6191
Florida Statutes, to read:
6192
718.113 Maintenance; limitation upon improvement; display
6193
of flag; hurricane shutters.--
6194
(6) Notwithstanding the provisions of this section or the
6195
governing documents of a condominium or a multicondominium
6196
association, the board of administration may, without any
6197
requirement for approval of the unit owners, install upon or
6198
within the common elements or association property solar
6199
collectors, clotheslines, or other energy-efficient devices based
6200
on renewable resources for the benefit of the unit owners.
6201
Section 105. Section 1004.648, Florida Statutes, is created
6202
to read:
6203
1004.648 Florida Energy Systems Consortium.--
6204
(1) There is created the Florida Energy Systems Consortium
6205
to promote collaboration between experts in the State University
6206
System for the purposes of sharing energy related expertise and
6207
assisting in the development and implementation of a
6208
comprehensive, long-term, environmentally compatible,
6209
sustainable, and efficient energy strategic plan for the state.
6210
(2) The consortium shall focus on the research and
6211
development of innovative energy systems that will lead to
6212
alternative energy strategies, improved energy efficiencies, and
6213
expanded economic development for the state.
6214
(3) The consortium shall consist of the University of
6215
Florida, Florida State University, the University of South
6216
Florida, the University of Central Florida, and Florida Atlantic
6217
University.
6218
(4) The consortium shall be administered at the University
6219
of Florida by a director whom shall be appointed by the oversight
6220
board.
6221
(5) The director shall report to the Florida Energy and
6222
Climate Commission created pursuant to s. 377.6015.
6223
(6) The oversight board shall consist of the vice president
6224
for research at each of the universities that are members of the
6225
consortium.
6226
(7) In addition to selecting the director the oversight
6227
board shall be responsible for the technical performance and
6228
financial management of the consortium.
6229
(8) In performing its responsibilities, the consortium
6230
shall collaborate with the oversight board and may also
6231
collaborate with industry and other affected parties.
6232
(9) Through collaborative research and development across
6233
the State University System and industry, the goal of the
6234
consortium is to become a world leader in energy research,
6235
education, technology, and energy systems analysis. In so doing,
6236
the consortium shall:
6237
(a) Coordinate and initiate increased collaborative
6238
interdisciplinary energy research among the universities and the
6239
energy industry.
6240
(b) Assist in the creation and development of a Florida-
6241
based energy technology industry through efforts that would
6242
expedite commercialization of innovative energy technologies by
6243
taking advantage of the energy expertise within the State
6244
University System, high technology incubators, industrial parks,
6245
and industry-driven research centers.
6246
(c) Provide a state resource for objective energy systems
6247
analysis.
6248
(d) Develop education and outreach programs to prepare a
6249
qualified energy workforce and informed public. Specifically the
6250
faculty associated with the consortium shall coordinate a
6251
statewide workforce development initiative focusing on college-
6252
level degrees, technician training, and public and commercial
6253
sectors awareness. The consortium shall develop specific
6254
programs targeted at preparing graduates who have a background in
6255
energy, continuing education courses for technical and
6256
nontechnical professionals, and modules, laboratories, and
6257
courses to be shared among the universities. Additionally, the
6258
consortium shall work with the Florida Community College system
6259
using the Florida Advanced Technological Education Center for the
6260
coordination and design of industry-specific training programs
6261
for technicians.
6262
(10) The consortium shall solicit and leverage state,
6263
federal, and private funds for the purpose of conducting
6264
education, research, and development in the area of sustainable
6265
energy.
6266
(11) The oversight board, in consultation with the Florida
6267
Energy and Climate Commission, shall ensure that the consortium:
6268
(a) Maintains accurate records of any funds received by the
6269
consortium.
6270
(b) Meets financial and technical performance expectations,
6271
which may include external technical reviews as required.
6272
(12) The oversight board and the Florida Energy and Climate
6273
Commission shall constitute the Steering Committee which shall be
6274
responsible for establishing and assuring the success of the
6275
consortium's mission as provided for in subsection (9).
6276
(13) By November 1 of each year, the consortium shall
6277
submit an annual report to the Governor, the President of the
6278
Senate, the Speaker of the House of Representatives and the
6279
Florida Energy and Climate Commission regarding its activities
6280
including, but not limited to, education, research, development,
6281
and deployment of alternative energy technologies.
6282
Section 106. State interest.--
6283
(1) As a condition for the issuance of grants or other
6284
monetary awards to private companies for energy-related research
6285
or deployment projects, the Department of Environmental
6286
Protection may require a negotiated or licensing agreement
6287
containing a stipulation requiring the return to the state of an
6288
agreed-upon amount or percentage of profit resulting from
6289
commercialization of the product or process.
6290
(2) The Department of Environmental Protection shall
6291
conduct a study to determine how negotiated or licensing
6292
agreements may best be used in these situations in order for the
6293
state to earn a monetary return on energy-related products or
6294
processes that are ultimately prohibited upon commercialization.
6295
The department shall submit its study to the Governor, the
6296
President of the Senate, and the Speaker of the House of
6297
Representatives by February 1, 2009.
6298
Section 107. The Department of Environmental Protection, in
6299
conjunction with the Department of Agriculture and Consumer
6300
Services, shall conduct an economic impact analysis on the
6301
effects of granting financial incentives to energy producers who
6302
use woody biomass as fuel. It shall include an analysis of the
6303
effects on wood supply and prices and the impacts on current
6304
markets and on forest sustainability. The department shall submit
6305
the results of the study to the President of the Senate and the
6306
Speaker of the House of Representatives.
6307
Section 108. Recycling.--
6308
(1) The Legislature finds that the failure or inability to
6309
economically recover material and energy resources from solid
6310
waste results in the unnecessary waste and depletion of our
6311
natural resources. As Florida continues to grow, so will the
6312
potential amount of discarded material that must be treated and
6313
disposed of, necessitating the improvement of solid waste
6314
collection and disposal. Therefore, the maximum recycling and
6315
reuse of such resources are considered high-priority goals of
6316
this state.
6317
(2) By the year 2020, the long-term goal for the recycling
6318
efforts of state and local governmental entities, private
6319
companies and organizations, and the general public is to reduce
6320
the amount of recyclable solid waste disposed of in waste
6321
management facilities, landfills, or incineration facilities by a
6322
statewide average of at least 75 percent.
6323
(3) The Department of Environmental Preservation shall
6324
develop a comprehensive recycling program that is designed to
6325
achieve the percentage stated in subsection (2) and submit the
6326
program to the President of the Senate and the Speaker of the
6327
House of Representatives by January 1, 2010. The program may not
6328
be implemented until approved by the Legislature. The program
6329
must be developed in coordination with input from state and local
6330
entities, private businesses, and the public. Under the program,
6331
recyclable materials shall include, but are not limited to,
6332
metals, paper, glass, plastic, textile, rubber materials, and
6333
mulch. Components of the program shall include, but are not
6334
limited to:
6335
(a) Programs to identify environmentally preferable
6336
purchasing practices to encourage the purchase of recycled,
6337
durable, and less toxic goods;
6338
(b) Programs to educate students in grades K-12 in the
6339
benefits of, and proper techniques for, recycling;
6340
(c) Programs for statewide recognition of successful
6341
recycling efforts by schools, businesses, public groups, and
6342
private citizens;
6343
(d) Programs for municipalities and counties to develop and
6344
implement efficient recycling efforts to return valuable
6345
materials to productive use, conserve energy, and protect natural
6346
resources;
6347
(e) Programs by which the department can provide technical
6348
assistance to municipalities and counties in support of their
6349
recycling efforts;
6350
(f) Programs to educate and train the public in proper
6351
recycling efforts;
6352
(g) Evaluation of how financial assistance can best be
6353
provided to municipalities and counties in support of their
6354
recycling efforts; and
6355
(h) Evaluation of why existing waste management and
6356
recycling programs in the state have not been better used.
6357
Section 109. The Department of Environmental Protection,
6358
when submitting proposed rules adopted pursuant to s. 403.44,
6359
Florida Statutes, the Climate Protection Act, for ratification by
6360
the Legislature, shall submit a summary report to the Governor,
6361
the President of the Senate, and the Speaker of the House of
6362
Representatives. The report must describe the costs and benefits
6363
of a cap-and-trade system and must include, but need not be
6364
limited to:
6365
(1) The impact of a cap-and-trade system on electricity
6366
prices charged to consumers.
6367
(2) The overall cost of a cap-and-trade system to the
6368
economy of this state.
6369
(3) The effect of a cap-and-trade system on low-income
6370
consumers if the system results in an increase of energy prices
6371
on low-income consumers.
6372
Section 110. Except as otherwise expressly provided in this
6373
act, this act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.