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The Committee on Environmental Preservation and Conservation

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(Rich) recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsection (1) of section 366.041, Florida

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Statutes, is amended to read:

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     366.041  Rate fixing; adequacy of facilities as

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criterion.--

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     (1)  In fixing the just, reasonable, and compensatory

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rates, charges, fares, tolls, or rentals to be observed and

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charged for service within the state by any and all public

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utilities under its jurisdiction, the commission is authorized

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to give consideration, among other things, to the efficiency,

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sufficiency, and adequacy of the facilities provided and the

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services rendered; the cost of providing such service and the

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value of such service to the public; the ability of the utility

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to improve such service and facilities; and energy conservation

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and the efficient use of alternative energy resources; provided

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that no public utility shall be denied a reasonable rate of

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return upon its rate base in any order entered pursuant to such

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proceedings. Actual and projected lost revenue from lower energy

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consumption as a result of any energy efficiency or conservation

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measure or program or use of alternative energy resources may

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not be considered a cost that denies a reasonable rate of

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return. In its consideration thereof, the commission shall have

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authority, and it shall be the commission's duty, to hear

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service complaints, if any, that may be presented by subscribers

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and the public during any proceedings involving such rates,

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charges, fares, tolls, or rentals; however, no service

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complaints shall be taken up or considered by the commission at

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any proceedings involving rates, charges, fares, tolls, or

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rentals unless the utility has been given at least 30 days'

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written notice thereof, and any proceeding may be extended,

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prior to final determination, for such period; further, no order

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hereunder shall be made effective until a reasonable time has

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been given the utility involved to correct the cause of service

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complaints, considering the factor of growth in the community

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and availability of necessary equipment.

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     Section 2.  Subsection (2) of section 366.05, Florida

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Statutes, is amended to read:

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     366.05  Powers.--

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     (2)  Every public utility, as defined in s. 366.02, which

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in addition to the production, transmission, delivery, or

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furnishing of heat, light, or power also sells appliances or

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other merchandise as part of any energy conservation, energy

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efficiency, energy audit, or alternative energy program shall

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keep separate and individual accounts for the sale and profit

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deriving from such sales and such sales shall be considered by

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the commission when determining the cost of such programs. No

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profit or loss shall be taken into consideration by the

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commission from the sale of such items in arriving at any rate

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to be charged for service by any public utility.

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     Section 3.  Section 366.81, Florida Statutes, is amended to

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read:

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     366.81  Legislative findings and intent.--The Legislature

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finds and declares that it is critical to utilize the most

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efficient and cost-effective energy conservation systems in

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order to protect the health, prosperity, and general welfare of

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the state and its citizens. Reduction in, and control of, the

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growth rates of electric consumption and of weather-sensitive

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peak demand are of particular importance. The Legislature

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further finds that the Florida Public Service Commission is the

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appropriate agency to adopt goals and approve plans related to

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the conservation of electric energy and natural gas usage. The

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Legislature directs the commission to develop and adopt overall

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goals and authorizes the commission to require each utility to

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develop plans and implement programs for increasing energy

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efficiency and conservation within its service area, subject to

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the approval of the commission. The Legislature further directs

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the commission to use the Total Resource Cost test to determine

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the cost-effectiveness of proposed energy efficiency,

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conservation, and load-management plans prior to the approval of

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such plans. Since solutions to our energy problems are complex,

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the Legislature intends that the use of solar energy, renewable

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energy sources, highly efficient systems, cogeneration, and

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load-control systems be encouraged. Accordingly, in exercising

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its jurisdiction, the commission shall not approve any rate or

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rate structure which discriminates against any class of

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customers on account of the use of such facilities, systems, or

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devices. This expression of legislative intent shall not be

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construed to preclude experimental rates, rate structures, or

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programs. The Legislature further finds and declares that ss.

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366.80-366.85 and 403.519 are to be liberally construed in order

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to meet the complex problems of reducing and controlling the

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growth rates of electric consumption and reducing the growth

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rates of weather-sensitive peak demand; increasing the overall

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efficiency and cost-effectiveness of electricity and natural gas

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production and use; encouraging further development of

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cogeneration facilities; and conserving expensive resources,

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particularly petroleum fuels.

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     Section 4.  Section 366.82, Florida Statutes, is amended to

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read:

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

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energy audits.--

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

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term:

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     (a) "Capacity resource" means a demand-side option or a

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supply-side option.

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     (b) "Demand-side option" or "demand-side resource" means

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an energy resource that meets the energy service needs of the

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utility's retail customers by reducing the demand for

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electricity such customers would otherwise impose, including,

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but not limited to, energy efficiency and conservation, load

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management, cogeneration, and renewable energy resources.

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     (c) "Integrated resource plan" means an energy resource

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acquisition plan of a utility which is developed through a

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comprehensive planning process that evaluates the costs,

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benefits, and risks of many different demand and supply-side

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options for meeting the future energy demand of the utility's

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customers and selects the optimal mix of energy resources which

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minimizes costs while meeting reliability needs or other goals.

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     (d) "Long-term power purchase" means a contractual

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purchase of electric capacity and energy for a period exceeding

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5 years, the principal purpose of which is to supply the

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requirements of the retail customers of a utility in this state.

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     (e) "Renewable energy" means energy from a demand-side

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option or a supply-side option which is produced by using the

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sun, wind, water, or biomass sources that, unlike fossil fuels,

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are naturally recurring and can be used to produce energy

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indefinitely without diminishing in availability and abundance.

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     (f) "Supply-side option" or "supply-side resource" means

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an electric plant, a long-term power purchase, or any other

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source of additional electricity. The term includes, but is not

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limited to, any generation or transmission lines needed to

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deliver electricity from the source to the utility's retail

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customers.

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     (g) "Total Resource Cost test" means a standard to

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quantify the net cost savings obtained by substituting demand-

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side resources for supply-side resources which is met if, for an

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acquisition of an energy efficiency, conservation, or demand-

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response energy resource, the benefit-cost ratio is greater than

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1. The benefit-cost ratio of such an acquisition is the ratio of

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the net present value of the acquisition's total benefits to the

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net present value of the acquisition's total costs, calculated

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over the lifetime of the end-use measures implemented by the

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acquisition. The total benefits are the sum of the reasonable

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estimates of the costs for power and energy, including, but not

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limited to, costs for generation, transmission, and distribution

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of electricity and costs likely to be required for compliance

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with future laws or rules limiting emissions of greenhouse

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gases, which costs are avoided by implementing such measures.

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The total costs are the sum of the reasonable estimates of the

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incremental costs of such measures, including utility and

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participant contributions, and the costs to administer and

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evaluate the program delivering the measures.

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     (h) "Utility" means any person or entity of whatever form

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which provides electricity or natural gas at retail to the

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public, specifically including municipalities or

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instrumentalities thereof and cooperatives organized under the

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Rural Electric Cooperative Law and specifically excluding any

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municipality or instrumentality thereof, any cooperative

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organized under the Rural Electric Cooperative Law, or any other

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person or entity providing natural gas at retail to the public

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whose annual sales volume is less than 100 million therms or any

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municipality or instrumentality thereof and any cooperative

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organized under the Rural Electric Cooperative Law providing

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electricity at retail to the public whose annual sales as of

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July 1, 1993, to end-use customers is less than 2,000 gigawatt

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hours.

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     (2) On or before January 31, 2009, and at least every 3

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years thereafter as may be determined by the commission, each

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utility shall file with the commission and post on its website

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an integrated resource plan that contains:

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     (a) The utility's electric demand and energy forecast for

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at least a 10-year period.

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     (b) The utility's program for meeting the requirements

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shown in its forecast in an economical and reliable manner.

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     (c) The utility's analysis of all capacity resource

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options, including demand-side and supply-side options, and a

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detailed description of the utility's assumptions and

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conclusions with respect to the effect of each capacity resource

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option on the future cost and reliability of energy service.

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     (d) A description, by size and type, of each proposed

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electric generation facility that is expected to be owned or

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operated in whole or in part by the utility upon which

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construction is expected to commence during the ensuing 10 years

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or such longer period as the commission deems necessary and of

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each existing power generation facility intended to be removed

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from service during such period or upon completion of such

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construction.

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     (e) A description of practical alternatives to the fuel

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type and method of generation of each such proposed electric

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generating facility which sets forth in detail the utility's

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reasons for selecting the fuel type and method of generation.

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     (f) A statement quantifying the estimated effect of each

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such proposed electric generating facility and alternative on

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the environment and describing the means by which potential

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adverse effects will be avoided or minimized.

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     (g) A detailed statement of the projected demand for

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electric energy for a 20-year period and the basis for

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determining the projected demand.

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     (h) A description of the utility's relationship to other

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utilities in regional associations, power pools, and networks.

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     (i) A description identifying each major research project

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and program of the utility which will continue or commence in

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the succeeding 3 years and setting forth the reasons for

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selecting specific areas of research.

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     (j) A description of the utility's existing and planned

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programs and policies to discourage inefficient or excessive

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power use.

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     (k) Other information as may be required by the

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commission.

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     (3) Not more than 60 days after a utility has filed its

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plan, the commission shall convene a public hearing on the

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adequacy of the plan. At the hearing, any person may comment

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regarding the contents and adequacy of the plan. After the

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hearing, the commission shall determine whether:

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     (a) The requirements shown in the utility's forecast are

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based on substantially accurate data and an adequate method of

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forecasting.

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     (b) The plan identifies and takes into account any present

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and projected reductions in the demand for energy which may

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result from measures to improve energy efficiency and

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conservation in the industrial, commercial, residential, and

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energy-producing sectors of the state.

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     (c) The plan adequately demonstrates the economic,

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environmental, and other benefits to the state and to customers

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of the utility which are associated with improvements in energy

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efficiency and conservation, pooling of power and purchases of

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power from neighboring states, facilities that operate on

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renewable energy, facilities that operate on the principle of

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cogeneration or hydrogeneration, and other power generation

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facilities and demand-side options.

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     (4) The utility's integrated resource plan must include

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demand-side options that pass the Total Resource Cost test. The

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commission may not approve an integrated resource plan that

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includes only those demand-side options that pass the Rate

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Impact Measure test.

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     (5)(2) The commission shall adopt appropriate goals for

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integrated resource plans for increasing the efficiency of

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energy consumption and increasing the development of renewable

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energy and cogeneration, specifically including goals designed

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to increase the conservation of expensive resources, such as

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petroleum fuels, to reduce and control the growth rates of

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electric consumption, and to reduce the growth rates of weather-

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sensitive peak demand. The Executive Office of the Governor

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

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commission may change the goals for reasonable cause. The time

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period to review the goals, however, shall not exceed 5 years.

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After the programs and plans to meet those goals are completed,

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the commission shall determine what further goals, programs, or

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

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

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

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

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

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similar banking functions by a utility and the plan is approved

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by the commission, the utility shall perform such functions,

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notwithstanding any other provision of the law. The commission

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

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Regulatory Trust Fund to guarantee such loans. However, no

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

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purchasing or otherwise acquiring conservation measures or

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devices, but nothing herein shall prohibit or impair the

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administration or implementation of a utility plan as submitted

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by a utility and approved by the commission under this

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subsection.

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     (7) The commission shall approve and adopt a utility's

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integrated resource plan no later than 120 days after the date

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the utility files the plan with the commission. If the

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commission disapproves a plan, it shall specify the reasons for

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disapproval, and the utility whose plan is disapproved shall

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resubmit its modified plan within 30 days. Prior approval by the

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commission shall be required to modify or discontinue a plan, or

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part thereof, which has been approved. If any utility has not

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implemented its programs and is not substantially in compliance

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with the provisions of its approved plan at any time, the

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commission shall adopt programs required for that utility to

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achieve the overall goals. Utility programs may include

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variations in rate design, load control, cogeneration,

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residential energy conservation subsidy, or any other measure

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within the jurisdiction of the commission which the commission

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finds likely to be effective; this provision shall not be

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construed to preclude these measures in any plan or program.

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

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each utility and shall provide the Legislature and the Governor

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with an annual report by March 1 beginning in 2009 and each year

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thereafter of the goals it has adopted and its progress toward

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meeting those goals. The commission shall also consider the

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performance of each utility pursuant to ss. 366.80-366.85 and

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403.519 when establishing rates for those utilities over which

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the commission has ratesetting authority.

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

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or to contract to offer, energy audits to its residential

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

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

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any other reasonable criterion, so long as all eligible

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customers are notified. The commission may extend this

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requirement to some or all commercial customers. The commission

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

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

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

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

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the audits are performed shall pay the contracting utility the

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reasonable cost of performing the audits. Each utility over

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which the commission has ratesetting authority shall estimate

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its costs and revenues for audits, conservation programs, and

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implementation of its plan for the immediately following 6-month

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period. Other reasonable and prudent unreimbursed costs

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

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

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upon approval by the commission, provided that the commission

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

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enhancing advertising or of any advertising not directly related

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to an approved conservation program. Following each 6-month

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period, each utility shall report the actual results for that

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

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actual and projected results shall be taken into account in

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succeeding periods. The state plan as submitted for

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consideration under the National Energy Conservation Policy Act

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

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

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the commission shall be the responsible state agency for

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performing, coordinating, implementing, or administering the

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functions of the state plan submitted for consideration under

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the National Energy Conservation Policy Act and any acts

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amendatory thereof or supplemental thereto and for performing,

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coordinating, implementing, or administering the functions of

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any future federal program delegated to the state which relates

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to consumption, utilization, or conservation of electricity or

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natural gas; and the commission shall have exclusive

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responsibility for preparing all reports, information, analyses,

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recommendations, and materials related to consumption,

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utilization, or conservation of electrical energy which are

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required or authorized by s. 377.703.

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

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in the proceedings to adopt goals and shall file with the

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commission comments on the proposed goals including, but not

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limited to:

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     1.  An evaluation of utility load forecasts, including an

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assessment of alternative supply and demand-side demand side

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resource options.

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     2.  An analysis of various policy options which can be

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implemented to achieve a least-cost strategy.

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

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requirements for energy auditors used by each utility. The

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commission may is authorized to contract with any public agency

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

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other step necessary to fulfill the provisions of this

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subsection.

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     Section 5.  Section 553.954, Florida Statutes, is amended

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to read:

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     553.954  Adoption of standards.--The Department of

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Community Affairs shall adopt, modify, revise, update, and

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maintain the Florida Energy Conservation Standards to implement

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the provisions of this part and amendments thereto in accordance

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with the procedures of chapter 120. The department may also work

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with the Florida Building Commission to coordinate inspections

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for new products that are covered by the Florida Building Code.

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     Section 6.  Section 553.955, Florida Statutes, is amended

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to read:

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     553.955  Definitions.--For purposes of this part:

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     (1) "Boiler" means a commercial or residential space

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heater that is a self-contained appliance for supplying steam or

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hot water primarily intended for space heating. The term

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excludes hot water supply boilers "AV" means the adjusted volume

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for refrigerators, refrigerator-freezers, and freezers, as

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defined in the applicable test procedure.

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     (2) "Bottle-type water dispenser" means a water dispenser

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that uses a bottle or reservoir as the source of potable water.

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"Ballast" or "fluorescent lamp ballast" means a device to

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operate a fluorescent lamp by providing a starting voltage and

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current and limiting the current during normal operation. It

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must also be designed to:

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     (a) Operate at nominal input voltages of 120 or 227 volts.

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     (b) Operate with an input frequency of 60 hertz.

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     (3) "Ballast efficiency factor" means the ratio of

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relative light output, expressed as a percent, to the power

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input, expressed in watts under test conditions.

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     (3)(4) "Code" means the Florida Energy Efficiency Code for

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Building Construction.

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     (4) "Commercial hot food holding cabinet" means a heated,

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fully enclosed compartment, with one or more solid or partial

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glass doors, that is designed to maintain the temperature of hot

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food that has been cooked in a separate appliance. The term

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excludes heated glass merchandising cabinets, drawer warmers, or

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cook-and-hold appliances.

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     (5) "Cook-and-hold appliance" means a multiple-mode

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appliance intended for cooking food which may also be used to

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hold the temperature of the cooked food in the same appliance.

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"Date of sale" means the day when the product is physically

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delivered to the buyer.

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     (6)  "Department" means the Department of Community

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Affairs.

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     (7)  "Distributor" means any person or business entity

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which distributes a privately labeled product on a national

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basis for which the specifications for manufacture, testing, and

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certification are established and attested to by the

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distributor, rather than the manufacturer.

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     (8) "Drawer warmer" means an appliance that consists of

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one or more heated drawers designed to hold food that has been

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cooked in a separate appliance at a specified temperature.

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     (9)(8) "Energy conservation standard" or "energy

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conservation standard" means:

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     (a)  A performance standard which prescribes a minimum

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level of energy efficiency or a maximum quantity of energy use

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for a covered product, determined in accordance with applicable

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test procedures;

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     (b)  A design requirement for the products specified in s.

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553.957; or

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     (c)  A testing and rating requirement for the products

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specified in s. 553.957; and

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406

includes any other requirements that which the department may

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prescribe.

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     (9) "F40T12 lamp" means a tubular fluorescent lamp which

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is a nominal 40 watts, with a 48-inch tube, 1.5 inches in

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diameter. These lamps conform to American National Standards

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Institute standard C.78.1-1978.

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     (10) "Heated glass merchandising cabinet" means an

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appliance having a heated cabinet constructed of glass or clear

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plastic doors of which 70 percent or more clear area is designed

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to display and maintain the temperature of hot food that has

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been cooked in a separate appliance. "F96T12 lamp" means a

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tubular fluorescent lamp which is a nominal 75 watts, with a 96-

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inch tube, 1.5 inches in diameter. These lamps conform to

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American National Standards Institute standard C.78.3-1978.

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     (11) "Liquid-immersed distribution transformer" means a

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distribution transformer that uses oil as a coolant to reduce

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electricity voltage from the high levels at which power is

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shipped over utility transmission and distribution lines to

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lower levels required to power equipment and machinery.

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"Luminaire" means a complete lighting unit consisting of a

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fluorescent lamp or lamps, together with parts designed to

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distribute the light, to position and protect such lamps, and to

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connect such lamps to the power supply.

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     (12)  "Manufacturer" means any person or business entity

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engaged in the original production or assembly of a product.

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     (13) "Medium voltage dry-type distribution transformer"

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means a transformer that has an input voltage of more than 600

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volts but fewer than or equal to 34,500 volts, is air-cooled,

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does not use oil as a coolant, and is rated for operation at a

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frequency of 60 hertz.

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     (14)(13) "New product" means a product that is sold,

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offered for sale, or installed for the first time and

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specifically includes floor models and demonstration units.

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     (14) "Nominal input voltage" means an input voltage within

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plus 5 percent or minus 5 percent of a specified value.

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     (15) "Nominal lamp watts" means the wattage at which a

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fluorescent lamp is designed to operate.

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     (15)(16) "Occupancy" means an occupied building or part of

444

a building.

445

     (16) "Point-of-use water dispenser" means a water

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dispenser that uses a pressurized water utility connection as

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the source of potable water.

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     (17) "Refrigerated bottled or canned beverage vending

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machine" means a commercial refrigerator that cools bottled or

450

canned beverages and dispenses such beverages upon payment.

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"Operation" means the ability to start the lamp at least 8 times

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out of 10 with a minimum of 1 minute between attempts when

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tested under test conditions.

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     (18) "Service factor" means a multiplier that, when

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applied to the rated horsepower of an electric motor driven by

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an alternating current, indicates a permissible horsepower

457

loading that can be carried under the conditions specified for

458

the service factor. "Power input" means the rate of energy

459

consumption in watts of a ballast and fluorescent lamp or lamps.

460

     (19) "Thermal efficiency" of a boiler means a measure of

461

the percentage of heat from the combustion of gas or oil that is

462

transferred to the space being heated or in the case of a

463

boiler, to the hot water or steam. "Relative light output"

464

ballast light output divided by a reference ballast light output

465

using the same reference lamp and expressing the value as a

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percent.

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     (20) "Total horsepower" means a value equal to the product

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of the motor's service factor and the motor's nameplate-rated

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horsepower in an electric motor that is driven by an alternating

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current. With respect to refrigerators, freezers, and

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refrigerator-freezers:

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     (a) "Automatic defrost system" means a defrost system in

473

which the defrosting action for all refrigerated surfaces is

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initiated and terminated automatically.

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     (b) "Freezer" means a cabinet designed as a unit for the

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storage of food at temperatures of about 0 °F, having the

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ability to freeze food, and having a source of refrigeration

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requiring an energy input.

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     (c) "Refrigerator" means a cabinet designed for the

480

refrigerated storage of food at temperatures above 32 °F, and

481

having a source of refrigeration requiring an energy input. It

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may include a compartment for the freezing and storage of food

483

at temperatures below 32 °F, but does not provide a separate low

484

temperature compartment designed for the freezing of and the

485

long-term storage of food at temperatures below 8 °F. It has

486

only one exterior door, but it may have interior doors on

487

compartments.

488

     (d) "Refrigerator-freezer" means a cabinet which consists

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of two or more compartments with at least one of the

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compartments designed for the refrigerated storage of foods at

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temperatures above 32 °F, and with at least one of the

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compartments designed for the freezing of and the storage of

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frozen foods at temperatures of 8 °F or below. The source of

494

refrigeration requires energy input.

495

     (21) "Transformer" means a device consisting of two or

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more coils of insulated wire that is designed to transfer

497

alternating current by electromagnetic induction from one coil

498

to another to change the original voltage or current value. This

499

term does not include devices having multiple voltage taps of

500

which the highest voltage tap equals at least 20 percent more

501

than the lowest voltage tap, or devices, such as those commonly

502

known as drive transformers, rectifier transformers, auto-

503

transformers, uninterruptible power system transformers,

504

impedance transformers, regulating transformers, sealed and

505

nonventilating transformers, machine tool transformers, welding

506

transformers, grounding transformers, or testing transformers

507

that are designed to be used in a special-purpose application

508

and are unlikely to be used in general-purpose applications.

509

     (22) "Water dispenser" means a factory-made assembly that

510

mechanically cools and heats potable water and that dispenses

511

the cooled or heated water by integral or remote means.

512

     (23) With respect to audio and video equipment:

513

     (a) "Active mode" means the condition in which the input

514

of a power supply or audio and video equipment is connected to

515

the line voltage alternating current and the output is connected

516

to a direct current or an alternating current load, fulfilling

517

one or more of its main functions and drawing a fraction of the

518

power supply's nameplate power output which is greater than

519

zero.

520

     (b) "Audio standby-passive mode" means the appliance is

521

connected to a power source and does not produce sound or

522

perform any mechanical function, but can be switched into

523

another mode using the remote-control unit or an internal

524

signal.

525

     (c) "Compact audio product," also known as a "mini,"

526

"mid," "micro," or "shelf audio system," means an integrated

527

audio system encased in a single housing that includes an

528

amplifier and radio tuner and attached or separable speakers and

529

can reproduce audio from magnetic tape, a CD, a DVD, or flash

530

memory. The term does not include products that can be

531

independently powered by internal batteries or a powered

532

external satellite antenna or can provide a video output signal.

533

     (d) "Digital versatile disc" or "DVD" means a laser-

534

encoded plastic medium capable of storing a large amount of

535

digital audio, video, and computer data.

536

     (e) "Digital versatile disc player" or "DVD player" means

537

a commercially available electronic product encased in a single

538

housing that includes an integral power supply and for which the

539

sole purpose is the decoding of digitized video signals on a

540

DVD.

541

     (f) "Digital versatile disc recorder" or "DVD recorder"

542

means a commercially available electronic product encased in a

543

single housing that includes an integral power supply and for

544

which the sole purpose is the production or recording of

545

digitized audio and video signals on a DVD. The definition does

546

not include models that have an EPG function.

547

     (g) "Digital video recorder" or "DVR" means a device that

548

records video signals onto a hard disk drive or other device

549

capable of storing the images digitally. The term does not

550

include models that have an EPG function.

551

     (h) "Electronic programming guide" or "EPG" means an

552

application that provides an interactive, onscreen menu of TV

553

listings and downloads program information from the vertical

554

blanking interval of a regular TV signal.

555

     (i) "Point of deployment" or "POD" means a card that

556

enables a TV to have secure conditional access to a cable or

557

satellite system.

558

     (j) "Television" or "TV" means a commercially available

559

electronic product consisting of a tuner or receiver and a

560

monitor encased in a single housing that is designed to receive

561

and display an analog or digital video television signal

562

broadcast by an antenna, satellite, cable, or broadband source.

563

The term does not include multifunction TVs that have VCR, DVD,

564

DVR, or EPG functions or a POD card slot.

565

     (k) "TV standby-passive mode" means the condition in which

566

a power supply or audio and video equipment is connected to a

567

power source, does not produce sound or vision, and can be

568

switched to active mode with the remote control unit or an

569

internal signal.

570

     (l) "Video cassette recorder" or "VCR" means a

571

commercially available analog recording device that includes an

572

integral power supply and records television signals onto a tape

573

medium for subsequent viewing.

574

     (m) "Video standby-passive mode" means the appliance is

575

connected to a power source, does not perform any mechanical

576

function or produce video or audio output signals, and may be

577

switched into another mode using the remote control unit or an

578

internal signal.

579

     (24) With respect to pool and spa equipment:

580

     (a) "Coefficient of performance" or "COP" means the ratio

581

of heat output to the total power input in consistent units.

582

     (b) "Heat pump pool heater" means an air-to-water heat

583

pump pool heater, employing a compressor, water-cooled

584

condenser, and outdoor air coil in a single package assembly.

585

     (c) "Low-temperature rating," "spa temperature rating,"

586

and "standard temperature rating" mean the conditions described,

587

respectively, in the following table:

588

589

590

591

592

593

     (d) "Pool heater" means an appliance designed for heating

594

nonpotable water contained at atmospheric pressure for swimming

595

pools, spas, hot tubs, and similar products.

596

     (e) "Portable electric spa" means a factory-built electric

597

spa or hot tub supplied with equipment for heating and

598

circulating water.

599

     (f) "Readily accessible on-off switch" of a pool heater

600

means an on-off switch located in a place that can be easily

601

used without the need for tools to remove any covering when the

602

pool heater is on display in a store or when it is installed.

603

     (g) "Residential pool pump" means a pump used to circulate

604

and filter pool water in order to maintain clarity.

605

     (h) "Thermal efficiency" of a pool heater means a measure

606

of the percentage of heat from the input which is transferred to

607

the water.

608

     (25)(21) Definitions used in the code shall also apply to

609

terms used in this part.

610

     Section 7.  Section 553.957, Florida Statutes, is amended

611

to read:

612

     553.957  Products covered by this part.--

613

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

614

certification, and enforcement of energy efficiency conservation

615

standards for the following types of new products sold in the

616

state:

617

     (a) Bottle-type water dispensers. Refrigerators,

618

refrigerator-freezers, and freezers which can be operated by

619

alternating current electricity, excluding:

620

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

621

     2. Any type which does not include a compressor and

622

condenser unit as an integral part of the cabinet assembly.

623

     (b) Commercial boilers Lighting equipment.

624

     (c) Commercial hot food holding cabinets.

625

     (d) Compact audio products.

626

     (e) Digital television adapters.

627

     (f) Digital versatile disc players and recorders.

628

     (g) Liquid-immersed distribution transformers.

629

     (h) Medium voltage dry-type distribution transformers.

630

     (i) Pool heaters.

631

     (j) Portable electric spas.

632

     (k) Residential pool pumps.

633

     (l)(c) Showerheads.

634

     (m) Vending machines.

635

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

636

department classifies as a covered product as specified in this

637

part.

638

     (2)  The provisions of this part do not apply to:

639

     (a) New products manufactured in the this state and sold

640

outside the state.

641

     (b) New products manufactured outside the this state and

642

sold at wholesale in the this state for final retail sale and

643

installation outside the state.

644

     (c) Products installed in manufactured homes at the time

645

of construction.

646

     (d)(c) Products designed expressly for installation and

647

use in recreational vehicles or other equipment designed for

648

regular mobile use.

649

     Section 8.  Section 553.961, Florida Statutes, is amended

650

to read:

651

     553.961  Test methods.--

652

     (1) The manufacturer shall cause the testing of samples of

653

each model of each product covered by this part. Test procedures

654

identified in the code shall be the accepted test procedures for

655

those products addressed by the code. Test procedures for

656

products not addressed in the code shall be determined by the

657

department. The department shall use test methods approved by

658

the United States Department of Energy approved test methods or,

659

in the absence of such test methods, other appropriate

660

nationally recognized test methods applicable to the respective

661

products. The department may elect to develop and prescribe

662

other test methods based upon the department's determination

663

that use of such other test methods is justified due to

664

decreased cost, increased accuracy, or the general use and

665

acceptance of a specific test method by the industry involved.

666

     (2) The department may test products covered by this part.

667

If products are found to not be in compliance with the minimum

668

energy-efficiency standards established under this part, the

669

department shall charge the manufacturer of such product for the

670

cost of product purchase and testing and shall provide

671

information to the public on products found not to be in

672

compliance with the standards.

673

     (3) The department shall coordinate with the certification

674

programs of other states and federal agencies having similar

675

standards to the maximum extent practicable, including

676

investigating whether certification in another state can serve

677

as a substitute for certification in this state.

678

     Section 9.  Section 553.963, Florida Statutes, is amended

679

to read:

680

     553.963 Energy efficiency conservation standards.--

681

     (1) STANDARDS FOR REFRIGERATORS, REFRIGERATOR-FREEZERS,

682

AND FREEZERS.--

683

     (a) The following is the maximum energy use allowed in

684

kilowatt hours per year for the following products, other than

685

those described in paragraph (b), manufactured on or after

686

January 1, 1993:

687

688

689

690

691

692

693

694

695

696

697

698

699

700

701

to refrigerators and refrigerator-freezers with total

702

refrigerated volume exceeding 39 cubic feet or freezers with

703

total refrigerated volume exceeding 30 cubic feet.

704

     (2) STANDARDS FOR LIGHTING EQUIPMENT.--

705

     (a) Except as provided in paragraph (b), no fluorescent

706

lamp ballast or luminaire manufactured on or after January 1,

707

1989, shall either have a ballast efficiency factor, or contain

708

a ballast with a ballast efficiency factor, less than the

709

following applicable values:

710

711

712

713

714

715

     (b) The standards described in paragraph (a) do not apply

716

to the following types of fluorescent lamp ballasts:

717

     1. Those which have a dimming capability.

718

     2. Those intended for use in ambient temperatures of 0 °F

719

or less.

720

     3. Those with a power factor of less than 0.60.

721

     (1)(3) STANDARDS FOR SHOWERHEADS.--

722

     (a)  The initial minimum standards for showerheads

723

manufactured on or after January 1, 1988, shall require the

724

limiting of maximum water discharge to 3.00 gallons per minute

725

when tested according to ANSI A112.18.1M-1979.

726

     (b)  Showerheads manufactured for use in safety spray

727

installations shall be exempt.

728

     (2) STANDARDS FOR BOTTLE-TYPE WATER DISPENSERS.--The

729

standby energy consumption of bottle-type water dispensers and

730

point-of-use water dispensers, dispensing both hot and cold

731

water, may not exceed 1.2 kWh/day.

732

     (3) STANDARDS FOR COMMERCIAL BOILERS.--Commercial boilers

733

shall adopt a standard of no less than 80 percent thermal

734

efficiency for gas-fired boilers and 82 percent thermal

735

efficiency for oil-fired boilers.

736

     (4) STANDARDS FOR COMMERCIAL HOT FOOD HOLDING

737

CABINETS.--The idle energy rate of commercial hot food holding

738

cabinets shall be no greater than 40 watts per cubic foot of

739

measured interior volume.

740

     (5) STANDARDS FOR AUDIO AND VIDEO EQUIPMENT.--

741

     (a) The power usage of audio and video equipment may not

742

be greater than the applicable values shown in the following

743

table. For equipment that consists of more than one individually

744

powered product, each having a separate main plug, the

745

individually powered products shall each have a power usage not

746

greater than the applicable values shown in the following table:

747

748

749

750

751

752

     (b) Digital television adapters shall use no more than 8 W

753

of power in active modes and 1 W in standby mode.

754

     (c) Liquid-immersed distribution transformer standards may

755

not be greater than the applicable values shown in the following

756

table:

757

758

759

760

761

762

763

764

765

766

767

768

769

770

771

772

773

     (d) Medium voltage dry-type distribution transformer

774

standards may not be greater than the applicable values shown in

775

the following table:

776

777

778

779

780

781

782

783

784

785

786

787

788

789

790

791

792

793

     (6) STANDARDS FOR POOL HEATERS, RESIDENTIAL POOL PUMPS,

794

AND PORTABLE ELECTRIC SPAS.--

795

     (a) Natural gas pool heaters may not be equipped with

796

constant burning pilots.

797

     (b) All pool heaters shall have a readily accessible on-

798

off switch that is mounted outside the heater and allows

799

shutting off the heater without adjusting the thermostat

800

setting.

801

     (c) For heat pump pool heaters, the coefficient of

802

performance at low temperature rating may not be less than 4.0.

803

     (d) The thermal efficiency of gas-fired pool heaters and

804

oil-fired pool heaters may not be less than 80 percent.

805

     (e) Pool pump motors may not be shaded-pole type.

806

     (7) REFRIGERATED CANNED OR BOTTLED BEVERAGE VENDING

807

MACHINES.--

808

     (a) Refrigerated canned or bottled beverage vending

809

machines shall be equipped with hard-wired controls or software

810

capable of automatically placing the machine into each of the

811

following low power mode states and automatically returning the

812

machine to its normal operating conditions at the conclusion of

813

the low-power mode:

814

     1. Lighting low power state: lights off for an extended

815

period.

816

     2. Refrigeration low power state: the average beverage

817

temperature is allowed to rise above 40° F. for an extended

818

period of time.

819

     3. Whole machine low power state: the lights are off and

820

the refrigeration operates in its low-power state.

821

822

The low power mode controls and software shall be capable of

823

onsite adjustments by the vending operator or machine owner.

824

     (b) Standards for refrigerated canned or bottled beverage

825

vending machines shall be no greater than the applicable values

826

shown in the following table:

827

828

829

830

831

832

     (8) STANDARDS FOR DISTRIBUTION TRANSFORMERS.--Medium

833

voltage dry-type distribution transformers shall meet minimum

834

efficiency levels three-tenths of a percentage point higher than

835

the Class 1 efficiency levels for medium voltage distribution

836

transformers specified in Table 4-2 of the "Guide for

837

Determining Energy Efficiency for Distribution Transformers"

838

published by the National Electrical Manufacturers Association,

839

NEMA Standard TP-1-2002.

840

     (9)(4) STANDARDS FOR OTHER COVERED PRODUCTS.--

841

     (a)  The department may prescribe an energy efficiency

842

standard for any type or class of covered products of a type

843

specified in s. 553.957, except where precluded by federal law,

844

if the department determines that:

845

     1.  The average per occupancy energy use within this state

846

resulting from performance of products of such type or class

847

exceeded 80 kilowatt hours or its Btu equivalent for any 12

848

calendar-month period ending before such determination; and

849

     2.  Substantial improvement in the energy efficiency of

850

products of such type or class is technologically feasible.

851

     (b)  The department may prescribe an energy efficiency

852

testing and rating standard for any type or class of covered

853

products of a type specified in s. 553.957 if the department

854

determines that the certifications to the state and uniform

855

product labeling required by this part will improve the

856

enforceability of the code.

857

     (c)  Any new or amended standard for covered products of a

858

type specified in s. 553.957(1)(d) shall not apply to products

859

manufactured within 2 years after the publication of a final

860

rule establishing such standard.

861

     (d) If the department finds during any rulemaking

862

procedure that a state energy efficiency standard requires a

863

waiver from federal preemption, the department shall apply for

864

such a waiver.

865

     (10) EFFECTIVE DATES.--

866

     (a) By July 1, 2009, the department, in consultation with

867

the Public Service Commission, shall adopt rules in accordance

868

with chapter 120 to implement the minimum energy efficiency

869

standards established under subsections (2) through (8).

870

     (b) On or after July 1, 2010, a new product of a type for

871

which minimum energy efficiency standards are established under

872

subsections (2) through (8) may not be sold or offered for sale

873

in the state unless the energy efficiency of the new product

874

meets or exceeds such minimum standards and any rule

875

requirements adopted pursuant to paragraph (a).

876

     (c) On or after July 1, 2011, a new product of a type for

877

which minimum efficiency standards are established under

878

subsections (2) through (8) may not be installed in the state

879

unless the energy efficiency of the new product meets or exceeds

880

such minimum efficiency standards and the requirements of rules

881

adopted pursuant to paragraph (a) or as otherwise authorized

882

under this chapter.

883

     Section 10.  Section 553.975, Florida Statutes, is amended

884

to read:

885

     553.975  Report to the Governor and Legislature.--The

886

Public Service Commission shall submit a biennial report to the

887

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

888

House of Representatives, concurrent with the report required by

889

s. 366.82(8) s. 366.82(4), beginning in 1990. Such report shall

890

include an evaluation of the effectiveness of these standards on

891

energy efficiency in this state.

892

     Section 11. (1)(a) As used in this subsection, the term

893

"general purpose lights" means lamps, bulbs, tubes, or other

894

electric devices that provide functional illumination for indoor

895

residential, indoor commercial, or outdoor use. The term

896

excludes the following specialty lighting: applicant, black

897

light, bug, colored, infrared, left-hand thread, marine, marine

898

signal service, mine service, plant light, reflector, rough

899

service, shatter resistant, sign service, silver bowl, showcase,

900

three-way, traffic signal, vibration service or vibration

901

resistant, and lights needed to provide special-needs lighting

902

for individuals who have exceptional needs.

903

     (b) The Department of Management Services shall adopt, by

904

rule:

905

     1. A schedule for installing general purpose lights in the

906

buildings owned or leased by the state so that by 2008, in

907

combination with other programs and activities affecting

908

lighting use in the state, the buildings' average statewide

909

electrical energy consumption is reduced by at least 50 percent

910

from the 2007 level for indoor residential lighting and by at

911

least 25 percent from the 2007 level for indoor commercial and

912

outdoor lighting.

913

     2. Minimum energy-efficiency standards for all general

914

purpose lights that are used in the buildings owned or leased by

915

the state. By July 1, 2010, the department and all other state

916

agencies shall cease purchasing general purpose lights that do

917

not meet or exceed the minimum standards adopted under this

918

subparagraph unless the lighting is deemed historically

919

appropriate for the facility.

920

     (2) By January 1, 2009, the Department of Management

921

Services shall make recommendations to the Governor, the

922

President of the Senate, and the Speaker of the House of

923

Representatives regarding how to reduce per capita energy

924

consumption in the buildings owned or operated by the state by

925

20 percent below the 2007 level.

926

     Section 12.  This act shall take effect July 1, 2008.

927

928

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

929

And the title is amended as follows:

930

     Delete everything before the enacting clause

931

and insert:

932

A bill to be entitled

933

An act relating to energy efficiency; amending s. 366.041,

934

F.S.; prohibiting public utilities from considering lost

935

revenues resulting from conservation or the use of

936

alternative energy resources as a cost that denies a

937

reasonable rate of return; amending s. 366.05, F.S.;

938

requiring public utilities to maintain separate accounts

939

relating to certain energy conservation, energy

940

efficiency, energy audit, and alternative energy programs;

941

requiring the commission to consider certain information

942

in cost determinations concerning such programs; amending

943

s. 366.81, F.S.; directing the Public Service Commission

944

to use the Total Resource Cost test to determine the

945

effectiveness of certain energy efficiency, conservation,

946

and load-management plans; amending s. 366.82, F.S.;

947

providing definitions; requiring a public utility to file

948

an integrated resource plan with the commission; providing

949

requirements concerning the contents of the plan;

950

requiring the commission to hold public hearings to

951

determine the adequacy of such plans; providing criteria

952

for certain plan determinations by the commission;

953

requiring the commission to adopt goals for integrated

954

resource plans; revising the provisions for the adoption,

955

administration, and implementation of certain plans;

956

requiring the commission to approve and adopt integrated

957

resource plans by a certain date; providing requirements

958

governing utility implementation of integrated resource

959

plans; requiring submission of an annual report by the

960

commission to the Legislature and the Governor; providing

961

that the Executive Office of the Governor is a part in

962

certain proceedings involving goals for integrated

963

resources plans; amending s. 553.954, F.S.; authorizing

964

the Department of Community Affairs to coordinate with the

965

Florida Building Commission for the inspection of products

966

covered in the Florida Energy Conservation Standards Act

967

and the Florida Building Code; amending s. 553.955, F.S.;

968

providing definitions; amending s. 553.957, F.S.; revising

969

the list of products covered by the Florida Energy

970

Conservation Standards Act; removing and adding certain

971

types of products from the list; amending s. 553.961,

972

F.S.; authorizing the department to test certain products

973

for energy efficiency; requiring the department to charge

974

manufacturers for costs related to the testing of products

975

under certain circumstances; requiring the department to

976

provide information to the public concerning certain

977

products; requiring the department to coordinate with

978

other state and federal agencies for certain product

979

certification; amending s. 553.963, F.S.; providing

980

energy-efficiency standards for certain products; removing

981

energy-efficiency standards for certain products;

982

requiring the department to apply for federal waivers

983

under certain circumstances; requiring the department to

984

adopt rules; prohibiting the sale or installation of

985

certain products as of specified dates; requiring that

986

certain products meet or exceed certain efficiency

987

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

988

reference; defining the term "general purpose lights";

989

requiring the Department of Management Services to adopt

990

rules concerning a schedule and minimum energy-efficiency

991

standards for the use of general purpose lights in certain

992

buildings; providing criteria concerning the schedule and

993

standards; requiring the department to make

994

recommendations to the Governor and the Legislature

995

concerning the reduction in energy consumption in certain

996

buildings; providing an effective date.

4/8/2008  5:01:00 PM     34-05012A-08