Florida Senate - 2008 (Reformatted) SB 308

By Senator Constantine

22-00108-08 2008308__

A bill to be entitled

An act relating to energy conservation; amending s.

163.04, F.S.; revising provisions authorizing the use of

solar collectors and other energy devices; providing for

the installation of solar collectors on a condominium

roof; amending s. 196.175, F.S.; deleting certain

limitations on the amount of the renewable energy source

property tax exemption; revising the effective date of the

exemption; amending s. 212.08, F.S.; revising provisions

relating to the sales tax exemption for equipment,

machinery, and other materials for renewable energy

technologies; revising the definition of "ethanol";

increasing the cap on the exemption for materials used in

the distribution of biodiesel and ethanol fuels; limiting

the exemption to the end user and to one refund; requiring

a purchaser who receives a refund to notify a subsequent

purchaser of the eligible item that the refund is no

longer available; creating s. 212.0802, F.S.; providing a

sales tax exemption for certain energy-efficient products;

authorizing the Department of Revenue to adopt rules to

implement the exemption; designating certain weeks in 2008

and 2009 as "Energy Efficiency and Conservation Weeks";

creating s. 212.086, F.S.; providing a sales tax refund

for any person who purchases an energy-efficient

alternative motor vehicle; requiring that the vehicle be

certified for the alternative motor vehicle income tax

credit under the Internal Revenue Code; placing a cap on

the amount of the refund; requiring that an application

for refund be filed with the Department of Revenue;

limiting the total dollar amount of refunds issued in a

fiscal year to the total amount of funds appropriated;

authorizing a request for a refund to be processed for

payment in the following fiscal year under certain

circumstances; authorizing the department to adopt rules;

excluding persons claiming a tax refund for renewable

energy technologies from also claiming a tax refund under

this section; providing for future repeal of the program;

amending s. 220.192, F.S.; providing definitions;

providing for the transferability and pass through of the

renewable energy technologies investment tax credit;

authorizing the Department of Revenue to adopt related

forms and rules; amending s. 220.193, F.S.; providing a

definition of "sale" or "sold"; providing that a

taxpayer's use of the renewable energy production tax

credit does not prohibit the use of other authorized

credits; amending s. 255.251, F.S.; revising a short

title; amending s. 255.252, F.S.; revising legislative

intent relating to energy conservation in state-owned

buildings; requiring that buildings constructed and

financed by the state meet a green building rating system;

requiring state agencies to identify state-owned buildings

that are suitable for the guaranteed energy program and

for the department to develop a project schedule; amending

s. 255.253, F.S.; defining the terms "sustainable

building" and "sustainable building rating"; amending s.

255.254, F.S.; revising provisions relating to the

analysis of the life-cycle costs of state facilities;

requiring an energy performance analysis of leased

facilities; amending s. 255.255, F.S.; revising energy

conservation performance guidelines to be used in life-

cycle costs analyses; amending s. 287.064, F.S.; revising

requirements relating to guaranteed energy performance

savings contracts; providing that the expense

appropriation category may be used by a state agency to

fund such contracts; amending s. 287.16, F.S.; requiring

the Department of Management Services to conduct an

inventory of state vehicles that are flexible fuel motor

vehicles or hybrid motor vehicles; requiring that a

specified percentage of such vehicles be part of the

state's inventory within a specified time; repealing s.

377.803(2), F.S., relating to the definition of "approved

metering equipment"; repealing s. 377.804(6), F.S.,

relating to bioenergy projects under the Renewable Energy

Technologies Grants Program; amending s. 377.806, F.S.;

revising requirements for the Solar Energy System

Incentive Program; providing that payment may be made only

to the final purchaser of an eligible system; limiting the

number of rebates that may be made; creating s. 403.0874,

F.S.; requiring the Department of Environmental Protection

to establish greenhouse gas inventories; requiring a

report; amending s. 489.145, F.S.; revising provisions

relating to guaranteed energy performance savings

contracting by state agencies to address energy-related

operational savings; revising definitions; revising

criteria for proposed contracts; specifying documentation

that must be submitted for contract review by the Chief

Financial Officer; creating s. 570.956, F.S.; establishing

the Farm-to-Fuel Advisory Council within the Department of

Agriculture and Consumer Services; providing membership

requirements; providing for council duties; repealing s.

570.957(1)(b) and (3), F.S., relating to provisions

defining the term "department" and limiting the

establishment of the Farm-to-Fuel Grants Program within

the Department of Agriculture and Consumer Services to 1

year; creating s. 570.958, F.S.; establishing the Biofuel

Retail Sales Incentives Program in the Department of

Agriculture and Consumer Services; providing petroleum

consumption replacement goals; providing definitions;

providing for incentive payments to qualified retail

100

dealers for increases in the amount of biofuels offered

101

for sale; providing requirements and procedures;

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authorizing the department to adopt rules; creating s.

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570.959, F.S.; establishing the Biofuel Production

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Incentives Program in the Department of Agriculture and

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Consumer Services; providing definitions; providing

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incentive payments to producers of certain biofuels;

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providing requirements and procedures; authorizing the

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department to adopt rules; creating s. 683.326, F.S.;

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designating October as Energy Efficiency and Conservation

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Month; requiring all county, municipal, and public

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community college buildings to meet certain energy

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efficiency standards for construction; providing

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applicability; establishing standards for the use of

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biodiesel fuels by school district transportation

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services; providing legislative intent relating to the

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leverage of state funds for certain research and

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production; creating the Florida Energy, Aerospace, and

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Technology Fund to encourage business and investment

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opportunities and identify performance goals for

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investments in the areas of alternative energy development

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and production infrastructure; requiring a report;

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providing an effective date.

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

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Section 1. Subsection (2) of section 163.04, Florida

127

Statutes, is amended to read:

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163.04 Energy devices based on renewable resources.--

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

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binding agreement No deed restrictions, covenants, or similar

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binding agreements running with the land may not shall prohibit

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or have the effect of prohibiting solar collectors, clotheslines,

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or other energy devices based on renewable resources from being

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installed on buildings erected on the lots or parcels covered by

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the deed restriction, covenant, declaration, or binding agreement

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restrictions, covenants, or binding agreements. A property owner

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may not be denied permission to install solar collectors or other

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energy devices based on renewable resources by any entity granted

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the power or right in any deed restriction, covenant,

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declaration, or similar binding agreement to approve, forbid,

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control, or direct alteration of property with respect to

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residential dwellings including condominiums not exceeding three

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

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may determine the specific location where solar collectors may be

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installed on the roof within an orientation to the south or

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

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determination does not impair the effective operation of the

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solar collectors. Solar collectors may be installed on a

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condominium roof that is considered a common element of the

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condominium association.

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Section 2. Section 196.175, Florida Statutes, is amended to

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read:

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196.175 Renewable energy source exemption.--

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(1) Improved real property upon which a renewable energy

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source device is installed and operated is shall be entitled to

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an exemption from taxation in the amount not greater than the

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lesser of:

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(a) The assessed value of such real property less any other

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exemptions applicable under this chapter;

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(b) the original cost of the device, including the

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installation cost thereof, but excluding the cost of replacing

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previously existing property removed or improved in the course of

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such installation; or

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immediately following installation.

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(2) The exempt amount authorized under subsection (1)

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applies shall apply in full if the device was installed and

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operative throughout the 12-month period preceding January 1 of

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the year of application for this exemption. If the device was

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operative for a portion of that period, the exempt amount

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authorized under this section shall be reduced proportionally.

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However, an exemption may not be granted for more than 10 years.

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(3) It is shall be the responsibility of the applicant for

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the an exemption pursuant to this section to demonstrate

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affirmatively to the satisfaction of the property appraiser that

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he or she meets the requirements for the exemption under this

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section and that the original cost pursuant to paragraph (1)(b)

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and the period for which the device was operative, as indicated

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on the exemption application, are correct.

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(4) No exemption authorized pursuant to this section shall

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be granted for a period of more than 10 years. An No exemption

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may not shall be granted for with respect to renewable energy

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source devices installed before July 1, 2008 January 1, 1980, or

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after December 31, 1990.

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Section 3. Paragraph (ccc) of subsection (7) of section

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212.08, Florida Statutes, is amended to read:

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

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

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

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

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hereby specifically exempt from the tax imposed by this chapter.

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

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

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otherwise taxable under this chapter when payment is made by a

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

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

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representative or employee is subsequently reimbursed by the

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

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subsection do not inure to any transaction that is otherwise

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taxable under this chapter unless the entity has obtained a sales

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tax exemption certificate from the department or the entity

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obtains or provides other documentation as required by the

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department. Eligible purchases or leases made with such a

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certificate must be in strict compliance with this subsection and

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departmental rules, and any person who makes an exempt purchase

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with a certificate that is not in strict compliance with this

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

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department may adopt rules to administer this subsection.

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(ccc) Equipment, machinery, and other materials for

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renewable energy technologies.--

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1. As used in this paragraph, the term:

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

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

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source of energy and meeting the specifications for biodiesel and

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biodiesel blends with petroleum products as adopted by the

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Department of Agriculture and Consumer Services. Biodiesel may

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refer to biodiesel blends designated BXX, where XX represents the

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volume percentage of biodiesel fuel in the blend.

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b. "Ethanol" means an nominally anhydrous denatured alcohol

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produced by the conversion of carbohydrates fermentation of plant

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sugars meeting the specifications for fuel ethanol and fuel

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ethanol blends with petroleum products as adopted by the

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Department of Agriculture and Consumer Services. Ethanol may

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refer to fuel ethanol blends designated EXX, where XX represents

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the volume percentage of fuel ethanol in the blend.

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

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a hydrogen-rich fuel in an electrochemical process to generate

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energy, electricity, or the transfer of heat.

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

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from the tax imposed by this chapter:

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a. Hydrogen-powered vehicles, materials incorporated into

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

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

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taxpayers.

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

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

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

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

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transportation, and storage, up to a limit of $2 $1 million in

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tax each state fiscal year for all taxpayers. Gasoline fueling

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station pump retrofits for ethanol (E10-E100) distribution

242

qualify for the exemption provided in this sub-subparagraph.

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3. The Department of Environmental Protection shall provide

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to the department a list of items eligible for the exemption

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provided in this paragraph.

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4. The exemption is available only to the end user of the

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equipment, machinery, or other materials.

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5.4.a. The exemption is provided in this paragraph shall be

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available to a purchaser only through a refund of previously paid

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taxes and only one purchase of an eligible item is subject to a

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refund. A purchaser who has received a refund on an eligible item

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must notify any subsequent purchaser that the item is no longer

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eligible for a refund of taxes paid. The notification must be

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provided on the sales invoice or other proof of purchase.

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

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this paragraph, a purchaser must shall file an application with

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the Department of Environmental Protection.

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a. The application shall be developed by the Department of

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Environmental Protection, in consultation with the department,

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and must shall require:

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

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

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

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other permanent identification number.

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

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

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

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purchased.

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(IV) A sworn statement that the information provided is

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accurate and that the requirements of this paragraph have been

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met.

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

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Department of Environmental Protection shall review the

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application and shall notify the applicant of any deficiencies.

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Upon receipt of a completed application, the Department of

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Environmental Protection shall evaluate the application for

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exemption and issue a written certification that the applicant is

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eligible for a refund or issue a written denial of such

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certification within 60 days after receipt of the completed

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application. The Department of Environmental Protection shall

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provide the department with a copy of each certification issued

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upon approval of an application.

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c.d. The Each certified applicant is shall be responsible

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for forwarding a certified copy of the application and copies of

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all required documentation to the department within 6 months

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after certification by the Department of Environmental

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Protection.

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

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refund application made pursuant to this paragraph. A refund must

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approved pursuant to this paragraph shall be made within 30 days

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after formal approval by the department.

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7.f. The department may adopt all rules pursuant to ss.

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120.536(1) and 120.54 to administer this paragraph, including

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rules establishing forms and procedures for claiming this

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exemption.

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8.g. The Department of Environmental Protection shall

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ensure be responsible for ensuring that the total amounts of the

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exemptions authorized do not exceed the limits as specified in

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subparagraph 2.

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9.5. The Department of Environmental Protection shall

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

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funds remaining in each fiscal year.

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10.6. This paragraph expires July 1, 2010.

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Section 4. Section 212.0802, Florida Statutes, is created

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to read:

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212.0802 Exemption for energy-efficient products.--

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(1) The sales tax levied under this chapter shall not be

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collected from 12:01 a.m., October 6, 2008, through midnight,

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October 12, 2008, and from 12:01 a.m., March 2, 2009, through

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midnight, March 8, 2009, on the sale of a new energy-efficient

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product having a selling price of $1,500 or less per product.

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This exemption applies only to energy-efficient products

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purchased for noncommercial home or personal use and does not

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apply to products purchased for trade, business, or resale. As

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used in this section, the term "energy-efficient product" means a

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dishwasher, clothes washer, air conditioner, ceiling fan, compact

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fluorescent light bulb, dehumidifier, programmable thermostat, or

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refrigerator that has been designated by the United States

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Environmental Protection Agency or by the United States

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Department of Energy as meeting or exceeding the requirements

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under the Energy Star Program of either agency. Purchases made

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under this section may not be made using a business or company

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credit or debit card or check. Any construction company, building

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contractor, or commercial business or entity that purchases or

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attempts to purchase the energy-efficient products subject to

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this exemption is liable for a civil penalty under s. 501.2075

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for a violation of s. 501.204.

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(2) The weeks beginning October 6, 2008, and March 2, 2009,

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shall each be designated as "Energy Efficiency and Conservation

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Weeks."

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(3) The Department of Revenue may adopt rules under ss.

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120.536(1) and 120.54 to administer this section.

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Section 5. Section 212.086, Florida Statutes, is created to

334

read:

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212.086 Energy-efficient motor vehicle sales tax refund.--

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(1) The energy-efficient motor vehicle sales tax refund is

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established to provide financial incentives for the purchase of

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energy-efficient alternative motor vehicles.

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(2) Any person who purchases an alternative motor vehicle

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certified as a new qualified hybrid motor vehicle, new qualified

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alternative fuel motor vehicle, new qualified fuel cell motor

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vehicle, or new advanced lean-burn technology motor vehicle by

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the Internal Revenue Service for the income tax credit for

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alternative motor vehicles under s. 30B of the Internal Revenue

345

Code of 1986, as amended, is eligible for a refund of the tax

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imposed under this chapter.

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(3) The tax that is eligible for refund is the tax computed

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on the sales price of the vehicle or $15,000, whichever is less.

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(4) Notwithstanding ss. 212.095 and 215.26, an application

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for refund must be filed with the department within 90 days after

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purchase of the alternative motor vehicle and must contain the

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following:

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

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(b) A specific description of the alternative motor vehicle

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for which a refund is sought, including the vehicle

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identification number.

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

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and address of the sales tax dealer from whom the alternative

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motor vehicle was purchased.

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(d) A sworn statement that the information provided is

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accurate and that the requirements of this section have been met.

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(5) The total dollar amount of all refunds approved and

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issued by the department in a fiscal year may not exceed the

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total amount of funds annually appropriated for this purpose. The

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department shall process applications and approve refunds based

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on the date the application for the refund is received until

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funds appropriated for the refund are exhausted. If funds are

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insufficient during a given fiscal year, a request for refund

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received during that fiscal year shall be processed the following

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fiscal year and have priority over new refund applications

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submitted in the following fiscal year. The provisions of s.

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213.255 do not apply to a request for refund which is held for

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payment in the following fiscal year.

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

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120.536(1) and 120.54 to administer this section, including rules

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establishing forms and procedures for claiming this refund.

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(7) A person who receives a refund under s. 212.08(7)(ccc)

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is not eligible to receive a refund under this section.

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(8) This section expires July 1, 2010.

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Section 6. Subsections (1) and (6) of section 220.192,

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Florida Statutes, are amended, present subsections (6) and (7) of

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that section are renumbered as subsections (7) and (8),

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respectively, and a new subsection (6) is added to that section,

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to read:

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220.192 Renewable energy technologies investment tax

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credit.--

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

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(a) "Biodiesel" has the same meaning means biodiesel as

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

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(b) "Corporation" has the same meaning as in s. 220.03,

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except that the term also includes any general partnership,

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limited partnership, limited liability company, unincorporated

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business, or other business entity in which an individual owns an

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interest and which is taxed as a partnership or is disregarded as

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a separate entity from the individual for tax purposes.

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

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

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maintenance costs, and research and development costs incurred

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

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million per state fiscal year for all taxpayers, in connection

402

with an investment in hydrogen-powered vehicles and hydrogen

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

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

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technologies in the state.

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

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maintenance costs, and research and development costs incurred

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

409

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

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

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investment in commercial stationary hydrogen fuel cells in the

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

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installing, and equipping such technologies in the state.

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

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maintenance costs, and research and development costs incurred

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

417

million per state fiscal year for all taxpayers, in connection

418

with an investment in the production, storage, and distribution

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

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including the costs of constructing, installing, and equipping

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such technologies in the state. Gasoline fueling station pump

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

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eligible cost under this subparagraph.

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(d)(c) "Ethanol" has the same meaning means ethanol as

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

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(e)(d) "Hydrogen fuel cell" has the same meaning means

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hydrogen fuel cell as defined in s. 212.08(7)(ccc).

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(f) "Taxpayer" has the same meaning as in s. 220.03, except

429

that it also includes any general partnership, limited

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partnership, limited liability company, unincorporated business,

431

or other business entity in which an individual owns an interest

432

and which is taxed as a partnership or is disregarded as a

433

separate entity from the individual for tax purposes.

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(6) TRANSFERABILITY OF CREDIT.--

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(a) A corporation and a subsequent transferee allowed the

436

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

437

another taxpayer by written agreement without transferring any

438

ownership interest in the property generating the tax credit or

439

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

440

may apply the credit against the tax with the same effect as if

441

the transferee had incurred the eligible costs.

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

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written transfer statement providing notice to the department of

444

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

445

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

446

name, address, federal taxpayer identification number, and tax

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

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receipt of a transfer statement conforming to the requirements of

449

this section, the department shall issue a certificate to the

450

assignee reflecting the tax credit amounts transferred, a copy of

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which shall be attached by the assignee to each tax return in

452

which the tax credits are used.

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partnership, limited liability company, unincorporated business,

455

or other business entity in which an individual owns an interest

456

and which is taxed as a partnership or is disregarded as an

457

entity separate from the individual for tax purposes, which are

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not transferred shall be passed through to persons designated as

459

partners, members, or owners, respectively, in any manner agreed

460

to by such persons, whether or not such partners, members, or

461

owners are allocated or allowed any portion of the federal tax

462

credit with respect to the eligible costs.

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

464

authority to adopt rules relating to the forms required to claim

465

a tax credit under this section;, the requirements and basis for

466

establishing an entitlement to a credit; the forms, reporting

467

requirements, guidelines, and procedures for transferring or

468

allowing a pass through of tax credits;, and the examination and

469

audit procedures required to administer this section.

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Section 7. Paragraph (f) is added to subsection (2) and

471

paragraph (j) is added to subsection (3) of section 220.193,

472

Florida Statutes, to read:

473

220.193 Florida renewable energy production credit.--

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(1) The purpose of this section is to encourage the

475

development and expansion of facilities that produce renewable

476

energy in Florida.

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

478

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

479

producer of the electricity when such use decreases the amount of

480

electricity that would otherwise be purchased by the producer.

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

482

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

483

production and sale of electricity from a new or expanded Florida

484

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

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

486

electrical production. For an expanded facility, the credit shall

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

488

that are achieved after May 1, 2006.

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(j) A taxpayer's use of the credit does not reduce the

490

amount of the credit allowed under s. 220.186 which would

491

otherwise be available to the taxpayer.

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Section 8. Section 255.251, Florida Statutes, is amended to

493

read:

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255.251 Energy Conservation in Buildings Act; Short

495

title.--Sections 255.251-255.257 may This act shall be cited as

496

the "Florida Energy Conservation and Sustainable in Buildings Act

497

of 1974."

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Section 9. Section 255.252, Florida Statutes, is amended to

499

read:

500

255.252 Findings and intent.--

501

(1) Operating and maintenance expenditures associated with

502

energy equipment and with energy consumed in state-owned state-

503

financed and leased buildings represent a significant cost over

504

the life of a building. Energy conserved by appropriate building

505

design not only reduces the demand for energy but also reduces

506

costs for building operation. For example, commercial buildings

507

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

508

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

509

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

510

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

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lighting consonant with space-use requirements, the handling of

512

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

513

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

514

factors considerations necessary to consider when conserving

515

energy.

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(2) Significant efforts are needed to build energy-

517

efficient state-owned buildings that meet environmental standards

518

underway by the General Services Administration, the National

519

Institute of Standards and Technology, and others to detail the

520

considerations and practices for energy conservation in

521

buildings. Most important is the development of that energy-

522

efficient designs that provide energy savings over the life of

523

the building structure. Conversely, energy-inefficient designs

524

cause excess and wasteful energy use and high costs over that

525

life. With buildings lasting many decades and with energy costs

526

escalating rapidly, it is essential that the costs of operation

527

and maintenance costs for energy-using equipment and sustainable

528

materials be included in all design proposals for state-owned

529

state buildings.

530

(3) In order for that such energy-efficiency considerations

531

and the use of sustainable materials to become a function of

532

building design, and also a model for future application in the

533

private sector, it is shall be the policy of the state that

534

buildings be constructed to meet a nationally recognized

535

sustainable building rating system and financed by the state be

536

designed and constructed in a manner which will minimize the

537

consumption of energy used in the operation and maintenance of

538

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

539

economically feasible, to retrofit existing state-owned buildings

540

in a manner that minimizes which will minimize the consumption of

541

energy used in the operation and maintenance of such buildings.

542

(4) In addition to designing and constructing new buildings

543

that are energy efficient to be energy-efficient, it is shall be

544

the policy of the state to operate, maintain, and renovate

545

existing state-owned state facilities, or provide for their

546

renovation, in a manner that which will minimize energy

547

consumption, increase the facilities' sustainability, and ensure

548

that facilities leased by the state are operated so as to

549

minimize energy use. Agencies are encouraged to consider using

550

shared savings to finance financing of such projects, using

551

contracts that which split the resulting savings for a specified

552

period of time between the agency and the private firm or

553

cogeneration contracts that which otherwise permit the state to

554

lower its energy costs. Such contracts may be funded from the

555

operating budget.

556

(5) In furtherance of this intent, each state agency shall

557

identify and compile a list of all state-owned buildings within

558

its inventory which would be suitable for a guaranteed energy

559

performance savings contract pursuant to s. 489.145. Such list

560

shall be submitted to the Department of Management Services by

561

December 31, 2008, and must include all facilities over 5,000

562

square feet in area and for which the agency is responsible for

563

paying utilities and other operating expenses that relate to

564

energy use. In consultation with each agency secretary or

565

director, by March 1, 2009, the department shall evaluate each

566

agency's facilities that are suitable for energy conservation

567

projects and develop an energy-efficiency project schedule based

568

on factors such as project magnitude, efficiency and

569

effectiveness of energy conservation measures to be implemented,

570

and such other factors that may prove to be advantageous. The

571

schedule must provide the deadline for implementing improvements

572

to state-owned buildings under a guaranteed energy performance

573

savings contract.

574

Section 10. Subsections (6) and (7) are added to section

575

255.253, Florida Statutes, to read:

576

255.253 Definitions; ss. 255.251-255.258.--

577

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

578

and comfortable for its occupants; is economical to operate;

579

conserves resources including energy, water, raw materials, and

580

land; and minimizes the generation of toxic materials and waste

581

in its design, construction, landscaping, and operation.

582

(7) "Sustainable building rating" means a rating

583

established by the United States Green Building Council (USGBC)

584

Leadership in Energy and Environmental Design (LEED) rating

585

system, Green Building Initiative's Green Globes rating system,

586

or a nationally recognized, high-performance green building

587

rating system approved by the department.

588

Section 11. Section 255.254, Florida Statutes, is amended

589

to read:

590

255.254 Facility constructed or leased without life-cycle

591

costs analysis.--

592

(1) A state agency may not shall lease, construct, or have

593

constructed, within limits prescribed herein, a facility without

594

having first secured from the department an analysis a proper

595

evaluation of the proposed facility's life-cycle costs as

596

determined pursuant to s. 255.255, as computed by an architect or

597

engineer. Furthermore, building construction may shall proceed

598

only upon disclosing, for the facility chosen, the facility's

599

life-cycle costs, its sustainable building rating goal, as

600

determined in s. 255.255 and the capitalization of the initial

601

construction costs of the building. In addition to its

602

sustainable building rating goal, the life-cycle costs shall be a

603

primary consideration in the selection of a building design. Such

604

analysis shall be required only for construction of buildings

605

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

606

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

607

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

608

analysis shall be performed, and a lease may shall only be made

609

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

610

incurred by the state are minimal compared to those of available

611

like facilities.

612

(2) A On and after January 1, 1979, no state agency may not

613

shall initiate construction or have construction initiated, prior

614

to approval thereof by the department, on a facility or self-

615

contained unit of any facility, the design and construction of

616

which incorporates or contemplates the use of an energy system

617

other than a solar energy system if when the life-cycle costs

618

analysis prepared by the department has determined that a solar

619

energy system is the most cost-efficient energy system for the

620

facility or unit.

621

(3) If a After September 30, 1985, when any state agency

622

must replace or supplement major items of energy-consuming

623

equipment in an existing state-owned facility or leased

624

facilities or any self-contained unit of a any facility with

625

other major items of energy-consuming equipment, the selection of

626

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

627

analysis of alternatives in accordance with rules adopted

628

promulgated by the department under s. 255.255.

629

Section 12. Section 255.255, Florida Statutes, is amended

630

to read:

631

255.255 Life-cycle costs guidelines.--

632

(1) The department shall adopt promulgate rules and

633

procedures, including energy conservation performance guidelines

634

based on sustainable building ratings, for conducting a life-

635

cycle costs cost analysis of alternative architectural and

636

engineering designs and alternative major items of energy-

637

consuming equipment to be retrofitted in existing state-owned or

638

leased facilities and for developing energy performance indices

639

to evaluate the efficiency of energy utilization for competing

640

designs in the construction of state-owned state-financed and

641

leased facilities.

642

(2) Such Life-cycle costs shall be the sum of:

643

(a) The reasonably expected fuel costs over the life of the

644

building, as determined by the department, that are required to

645

maintain illumination, power, temperature, humidity, and

646

ventilation and all other energy-consuming equipment in a

647

facility, and

648

(b) The reasonable costs of probable maintenance, including

649

labor and materials, and operation of the building.

650

(3) To determine the life-cycle costs as defined in

651

paragraph (2)(b), the department shall adopt promulgate rules

652

that shall include, but are not be limited to:

653

(a) The orientation and integration of the facility with

654

respect to its physical site.

655

(b) The amount and type of glass employed in the facility

656

and the directions of exposure.

657

658

design and the effect on solar utilization of the properties of

659

external surfaces.

660

(d) The variable occupancy and operating conditions of the

661

facility and subportions of the facility.

662

(e) An energy consumption analysis of the major equipment

663

of the facility's heating, ventilating, and cooling system,

664

lighting system, hot water system, and all other major energy-

665

consuming equipment and systems as appropriate. This analysis

666

must shall include:

667

1. The comparison of alternative systems.

668

2. A projection of the annual energy consumption of major

669

energy-consuming equipment and systems for a range of facility

670

operations operation of the facility over the life of the

671

facility.

672

3. The evaluation of the energy consumption of component

673

equipment in each system, considering the operation of such

674

components at other than full or rated outputs.

675

(4) The Such rules must shall be based on the best

676

currently available methods of analysis, including such as those

677

of the National Institute of Standards and Technology, the

678

Department of Housing and Urban Development, and other federal

679

agencies and professional societies and materials developed by

680

the department. Provisions shall be made for an annual updating

681

of rules and guidelines standards as required.

682

Section 13. Subsections (10) and (11) of section 287.064,

683

Florida Statutes, are amended to read:

684

287.064 Consolidated financing of deferred-payment

685

purchases.--

686

(10) Costs incurred pursuant to a guaranteed energy

687

performance savings contract under s. 489.145, including the cost

688

of energy conservation measures, each as defined in s. 489.145,

689

may be financed pursuant to a master equipment financing

690

agreement; however, the costs of training, operation, and

691

maintenance may not be financed. The period of time for repayment

692

of the funds drawn pursuant to the master equipment financing

693

agreement under this subsection may exceed 5 years but may not

694

exceed 20 10 years. The contractor shall provide for the

695

replacement or the extension of the useful life of the equipment

696

during the term of the contract.

697

(11) For purposes of consolidated financing of deferred

698

payment commodity contracts under this section by a state agency,

699

the annualized amount of any such contract must be supported from

700

available recurring funds appropriated to the agency in an

701

appropriation category, other than the expense appropriation

702

category as defined in chapter 216, which that the Chief

703

Financial Officer has determined is appropriate or which that the

704

Legislature has designated for payment of the obligation incurred

705

under this section.

706

Section 14. Subsection (12) is added to section 287.16,

707

Florida Statutes, to read:

708

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

709

Management Services shall have the following powers, duties, and

710

responsibilities:

711

(12) To conduct an inventory and determine the percentage

712

of motor vehicles in current use and purchased with state funds

713

which are flexible motor fuel vehicles or hybrid motor vehicles.

714

Notwithstanding s. 287.151, the department shall purchase a

715

sufficient number of flexible motor fuel vehicles or hybrid motor

716

vehicles over the next 3 years to increase the percentage of such

717

vehicles in the state's inventory to 50 percent.

718

Section 15. Subsection (2) of section 377.803, and

719

subsection (6) of section 377.804, Florida Statutes, as revised

720

by section 52 of chapter 2007-73, Laws of Florida, are repealed.

721

Section 16. Section 377.806, Florida Statutes, is amended

722

to read:

723

377.806 Solar Energy System Incentives Program.--

724

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

725

established within the department to provide financial incentives

726

for the purchase and installation of solar energy systems.

727

(2) ELIGIBILITY.--

728

(a) A Any resident of the state who purchases and installs

729

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

730

photovoltaic system, a solar energy system that provides at least

731

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

732

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

733

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

734

portion of the purchase price of that solar energy system.

735

(b) Payment of a rebate may be made only to the final

736

purchaser of the eligible system.

737

(3)(2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

738

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

739

system qualifies for a rebate if:

740

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

741

electrician, electrical contractor, or solar contractor.

742

2. The system complies with state interconnection standards

743

as provided by the commission.

744

3. The system complies with all applicable building codes

745

as defined by the local jurisdictional authority.

746

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

747

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

748

maximum allowable rebate per solar photovoltaic system

749

installation shall be as follows:

750

1. Twenty thousand dollars for a residence.

751

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

752

publicly owned or operated facility, or a facility owned or

753

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

754

condominiums or apartment buildings.

755

(4)(3) SOLAR THERMAL SYSTEM INCENTIVE.--

756

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

757

system qualifies for a rebate if:

758

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

759

plumbing contractor.

760

2. The system complies with all applicable building codes

761

as defined by the local jurisdictional authority.

762

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

763

solar thermal systems shall be as follows:

764

1. Five hundred dollars for a residence.

765

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

766

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

767

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

768

organization, including condominiums or apartment buildings. Btu

769

must be verified by approved metering equipment.

770

(5)(4) SOLAR THERMAL POOL HEATER INCENTIVE.--

771

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

772

heater qualifies for a rebate if the system is installed by a

773

state-licensed solar or plumbing contractor and the system

774

complies with all applicable building codes as defined by the

775

local jurisdictional authority.

776

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

777

solar thermal pool heaters shall be $100 per installation.

778

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

779

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

780

(7) LIMITS.--Rebates are limited to one per type of system

781

described in subsection (2) per resident per state fiscal year.

782

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

783

and publish on a regular basis the amount of rebate funds

784

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

785

rebates issued by the department is subject to the total amount

786

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

787

are insufficient during the current fiscal year, any requests for

788

rebates received during that fiscal year may be processed during

789

the following fiscal year. Requests for rebates received in a

790

fiscal year that are processed during the following fiscal year

791

shall be given priority over requests for rebates received during

792

the following fiscal year.

793

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

794

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

795

administer the issuance of rebates.

796

Section 17. Section 403.0874, Florida Statutes, is created

797

to read:

798

403.0874 Greenhouse gas inventories.--

799

(1) The department shall establish state gas inventories of

800

all major greenhouse gases to account for annual greenhouse gases

801

emitted to and removed from the atmosphere in this state, and

802

shall also forecast gases emitted and removed, for time periods

803

determined sufficient by the department to provide for adequate

804

analysis and planning.

805

(2) By rule, the department shall establish which

806

greenhouse gases are to be included in each inventory, the

807

criteria for identifying major emitters in this state, which

808

emitters must report emissions, and what methodologies shall be

809

used to estimate gases emitted and removed from those not

810

required to report.

811

(3) The department may require all major emitters of

812

defined greenhouse gases to report emissions according to

813

methodologies and reporting systems developed by the department

814

and established by rule, which may include the use of quality-

815

assured data from continuous emissions monitoring systems.

816

(4) The department shall provide a summary report of state

817

greenhouse gas inventories at least once a year to the Florida

818

Energy Commission for its use in its long-term evaluations and

819

for preparing the report required by s. 377.901(6).

820

Section 18. Section 489.145, Florida Statutes, is amended

821

to read:

822

489.145 Guaranteed energy performance savings

823

contracting.--

824

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

825

"Guaranteed Energy Performance Savings Contracting Act."

826

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

827

investment in energy conservation measures in agency facilities

828

can reduce the amount of energy consumed and produce immediate

829

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

830

to encourage agencies to invest in energy conservation measures

831

in order that reduce energy consumption, produce a cost savings

832

for the agency, and improve the quality of indoor air in public

833

facilities and to operate, maintain, and, when economically

834

feasible, build or renovate existing agency facilities in such a

835

manner as to minimize energy consumption and maximize energy

836

savings. It is further the policy of this state to encourage

837

agencies to reinvest any energy savings resulting from energy

838

conservation measures in additional energy conservation efforts.

839

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

840

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

841

political subdivision.

842

(b) "Energy conservation measure" means a training program,

843

facility alteration, or an equipment purchase to be used in new

844

construction, including an addition to an existing facility,

845

which reduces energy or energy-related operating costs and

846

includes, but is not limited to:

847

1. Insulation of the facility structure and systems within

848

the facility.

849

2. Storm windows and doors, caulking or weatherstripping,

850

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

851

reflective, glazed and coated window and door systems, additional

852

glazing, reductions in glass area, and other window and door

853

system modifications that reduce energy consumption.

854

3. Automatic energy control systems.

855

4. Heating, ventilating, or air-conditioning system

856

modifications or replacements.

857

5. Replacement or modifications of lighting fixtures to

858

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

859

a minimum, conforms must conform to the applicable state or local

860

building code.

861

6. Energy recovery systems.

862

7. Cogeneration systems that produce steam or forms of

863

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

864

within a facility or complex of facilities.

865

8. Energy conservation measures that reduce Btu, kW, or kWh

866

consumed or provide long-term operating cost reductions or

867

significantly reduce Btu consumed.

868

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

869

wind systems.

870

10. Devices that reduce water consumption or sewer charges.

871

11. Storage systems, such as fuel cells and thermal

872

storage.

873

12. Generating technologies, such as microturbines.

874

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

875

equipment.

876

877

cost of fuel, energy consumption, and stipulated operation and

878

maintenance created from the implementation of one or more energy

879

conservation measures when compared with an established baseline

880

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

881

operation and maintenance.

882

(d) "Guaranteed energy performance savings contract" means

883

a contract for the evaluation, recommendation, and implementation

884

of energy conservation measures or energy-related operational

885

savings measures, which, at a minimum, shall include:

886

1. The design and installation of equipment to implement

887

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

888

maintenance of such measures.

889

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

890

exceed total annual contract payments made by the agency for the

891

contract and may include allowable cost avoidance. As used in

892

this section, allowable cost-avoidance calculations include

893

avoided provable budgeted costs contained in a capital

894

replacement plan less the current undepreciated value of replaced

895

equipment and the replacement cost of the new equipment.

896

3. The finance charges incurred by the agency over the life

897

of the contract.

898

(e) "Guaranteed energy performance savings contractor"

899

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

900

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

901

design, implementation, or installation of energy conservation

902

measures through energy performance contracts.

903

(4) PROCEDURES.--

904

(a) An agency may enter into a guaranteed energy

905

performance savings contract with a guaranteed energy performance

906

savings contractor to significantly reduce energy consumption or

907

energy-related operating costs of an agency facility through one

908

or more energy conservation measures.

909

(b) Before design and installation of energy conservation

910

measures, the agency must obtain from a guaranteed energy

911

performance savings contractor a report that summarizes the costs

912

associated with the energy conservation or energy-related

913

operational-cost-savings measures and provides an estimate of the

914

amount of the energy cost savings. The agency and the guaranteed

915

energy performance savings contractor may enter into a separate

916

agreement to pay for costs associated with the preparation and

917

delivery of the report; however, payment to the contractor shall

918

be contingent upon the report's projection of energy or

919

operational cost savings being equal to or greater than the total

920

projected costs of the design and installation of the report's

921

energy conservation measures.

922

923

performance savings contract with a guaranteed energy performance

924

savings contractor if the agency finds that the amount the agency

925

would spend on the energy conservation or energy-related cost-

926

savings measures will not likely exceed the amount of the energy

927

or energy-related cost savings for up to 20 years from the date

928

of installation, based on the life-cycle costs life cycle cost

929

calculations provided in s. 255.255, if the recommendations in

930

the report were followed and if the qualified provider or

931

providers give a written guarantee that the energy or energy-

932

related cost savings will meet or exceed the costs of the system.

933

However, actual computed cost savings must meet or exceed the

934

estimated cost savings provided during program approval. Baseline

935

adjustments used in the calculations must be specified in the

936

contract. The contract may provide for installment payments for a

937

period not to exceed 20 years.

938

(d) A guaranteed energy performance savings contractor must

939

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

940

than three firms are qualified to perform the required services,

941

the requirement for agency selection of three firms, as provided

942

in s. 287.055(4)(b), and the bid requirements of s. 287.057 do

943

not apply.

944

(e) Before entering into a guaranteed energy performance

945

savings contract, an agency must provide published notice of the

946

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

947

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

948

(f) A guaranteed energy performance savings contract may

949

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

950

party. The contract for third party financing may be separate

951

from the energy performance contract. A separate contract for

952

third party financing must include a provision that the third

953

party financier may must not be granted rights or privileges that

954

exceed the rights and privileges available to the guaranteed

955

energy performance savings contractor.

956

(g) Financing for guaranteed energy performance savings

957

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

958

(h) The Chief Financial Officer shall review proposals to

959

ensure that the most effective financing is being used.

960

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

961

acquire the energy conservation measures, the agency may reduce

962

such amount by the application of any grant moneys, rebates, or

963

capital funding available to the agency for the purpose of buying

964

down the cost of the guaranteed energy performance savings

965

contract. However, in calculating the life-cycle costs life cycle

966

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

967

any grants, rebates, or capital funding.

968

(5) CONTRACT PROVISIONS.--

969

(a) A guaranteed energy performance savings contract must

970

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

971

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

972

corporate guarantee by the guaranteed energy performance savings

973

contractor that annual energy cost savings will meet or exceed

974

the amortized cost of energy conservation measures.

975

(b) The guaranteed energy performance savings contract must

976

provide that all payments, except obligations on termination of

977

the contract before its expiration, may be made over time, but

978

not to exceed 20 years from the date of complete installation and

979

acceptance by the agency, and that the annual savings are

980

guaranteed to the extent necessary to make annual payments to

981

satisfy the guaranteed energy performance savings contract.

982

983

require that the guaranteed energy performance savings contractor

984

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

985

construction bond to the agency for its faithful performance, as

986

required by s. 255.05.

987

(d) The guaranteed energy performance savings contract may

988

contain a provision allocating to the parties to the contract any

989

annual energy cost savings that exceed the amount of the energy

990

cost savings guaranteed in the contract.

991

(e) The guaranteed energy performance savings contract must

992

shall require the guaranteed energy performance savings

993

contractor to provide to the agency an annual reconciliation of

994

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

995

reconciliation reveals a shortfall in annual energy cost savings,

996

the guaranteed energy performance savings contractor is liable

997

for such shortfall. If the reconciliation reveals an excess in

998

annual energy cost savings, the excess savings may be allocated

999

under paragraph (d) but may not be used to cover potential energy

1000

or energy-related cost savings shortages in subsequent contract

1001

years.

1002

(f) The guaranteed energy performance savings contract must

1003

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

1004

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

1005

installation and acceptance by the agency using straight-line

1006

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

1007

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

1008

on life-cycle costs life cycle cost calculations.

1009

(g) The guaranteed energy performance savings contract may

1010

extend beyond the fiscal year in which it becomes effective;

1011

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

1012

fiscal year and may be automatically renewed annually for up to

1013

20 years, subject to the agency making sufficient annual

1014

appropriations based upon continued realized energy savings.

1015

(h) The guaranteed energy performance savings contract must

1016

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

1017

obligation of the state.

1018

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

1019

Department of Management Services, with the assistance of the

1020

Office of the Chief Financial Officer, shall may, within

1021

available resources, provide technical content assistance to

1022

state agencies contracting for energy conservation measures and

1023

engage in other activities considered appropriate by the

1024

department for promoting and facilitating guaranteed energy

1025

performance contracting by state agencies. The Office of the

1026

Chief Financial Officer, with the assistance of the Department of

1027

Management Services, shall may, within available resources,

1028

develop model contractual and related documents for use by state

1029

agencies. Prior to entering into a guaranteed energy performance

1030

savings contract, any proposed contract or lease for third-party

1031

financing, or any combination of such contracts must be submitted

1032

by the agency, a state agency shall submit such proposed contract

1033

or lease to the Office of the Chief Financial Officer for review

1034

and approval. The proposed contract or lease submitted must

1035

include:

1036

(a) The supporting information required by s.

1037

216.023(4)(a)9.

1038

(b) Documentation demonstrating the availability of

1039

recurring funds as required by ss. 287.063(5) and 287.064(11).

1040

1041

(d) An agency measurement and verification plan to monitor

1042

cost savings.

1043

1044

The Chief Financial Officer may not approve a contract submitted

1045

under this section which does not meet the requirements of this

1046

section.

1047

Section 19. Section 570.956, Florida Statutes, is created

1048

to read:

1049

570.956 Farm-to-Fuel Advisory Council.--

1050

(1) The Farm-to-Fuel Advisory Council is created within the

1051

department to provide advice and counsel to the commissioner

1052

concerning the production of renewable energy in this state. The

1053

advisory council shall consist of 15 members, 14 of whom shall be

1054

appointed by the commissioner and one of whom shall be appointed

1055

by the Governor for 4-year terms or until a successor is duly

1056

qualified and appointed. Members shall include:

1057

(a) One citizen-at-large member who represents the views of

1058

the public toward renewable energy.

1059

(b) Six members, each of whom is a producer or grower

1060

actively engaged in the agricultural area of one of the following

1061

industries:

1062

1. Sugarcane.

1063

2. Citrus.

1064

3. Field crops.

1065

4. Dairy.

1066

5. Livestock or poultry.

1067

6. Forestry.

1068

1069

is actively engaged in the trade of petroleum products.

1070

(d) One member who represents public utilities or the

1071

electric power industry.

1072

(e) Two members who represent colleges and universities in

1073

this state and who are engaged in research involving alternative

1074

fuels or renewable energy.

1075

(f) One member who represents the environmental community

1076

or an environmental organization.

1077

(g) One member who represents the ethanol industry or who

1078

has expertise in the production of ethanol.

1079

(h) One member who represents the biodiesel industry or who

1080

has expertise in the production of biodiesel.

1081

(i) One member appointed by the Governor.

1082

(2) The council is an advisory committee the operation of

1083

which is governed by s. 570.0705.

1084

Section 20. Paragraph (b) of subsection (1) and subsection

1085

(3) of section 570.957, Florida Statutes, are repealed.

1086

Section 21. Section 570.958, Florida Statutes, is created

1087

to read:

1088

570.958 Biofuel Retail Sales Incentives Program.--

1089

(1) The Biofuel Retail Sales Incentives Program is

1090

established in the department to encourage the retail sale of

1091

biofuels and replace petroleum consumption in the state by the

1092

following percentages over the specified periods:

1093

(a) Three percent from January 1, 2009, through December

1094

31, 2009.

1095

(b) Five percent from January 1, 2010, through December 31,

1096

2010.

1097

1098

31, 2011.

1099

(d) Ten percent from January 1, 2012, through December 31,

1100

2012.

1101

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

1102

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

1103

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

1104

source of energy and meeting the specifications for biodiesel and

1105

biodiesel blended with petroleum products as adopted by the

1106

department.

1107

(b) "Biodiesel blended fuel" means a fuel mixture

1108

containing 10 percent or more biodiesel with the balance

1109

comprised of diesel fuel and meeting the specifications for

1110

biodiesel blends as adopted by the department.

1111

1112

biodiesel, and biodiesel blended fuel.

1113

(d) "E85 fuel ethanol" means ethanol blended with gasoline

1114

and formulated with a nominal percentage of 85 percent ethanol by

1115

volume and meeting the applicable fuel quality specifications as

1116

adopted by the department.

1117

(e) "E10 motor fuel" means a motor fuel blend consisting of

1118

nominal percentages of 90 percent gasoline by volume and 10

1119

percent ethanol by volume and meeting the fuel quality

1120

specifications for gasoline as adopted by the department.

1121

(f) "Ethanol or fuel ethanol" means an anhydrous denatured

1122

alcohol produced by the conversion of carbohydrates and meeting

1123

the specifications for fuel ethanol as adopted by the department.

1124

(g) "Fuel dispenser" means a pump, meter, or similar device

1125

used to measure and deliver motor fuel or diesel fuel on a retail

1126

basis.

1127

(h) "Retail dealer" means any person who is engaged in the

1128

business of selling fuel at retail at posted retail prices.

1129

(i) "Retail motor fuel site" means a geographic location in

1130

this state where a retail dealer sells or offers for sale motor

1131

fuel, diesel fuel, or biofuel to the general public.

1132

(3) Subject to specific appropriation, a retail dealer who

1133

sells biofuel through fuel dispensers at retail motor fuel sites

1134

is entitled to an incentive payment, which shall be computed as

1135

follows:

1136

(a) An incentive of 1 cent for each gallon of E10 motor

1137

fuel sold through a fuel dispenser.

1138

(b) An incentive of 3 cents for each gallon of E85 fuel

1139

ethanol sold through a fuel dispenser.

1140

1141

blended fuel sold through a fuel dispenser.

1142

(d) An incentive of 3 cents for each gallon of biodiesel

1143

sold through a fuel dispenser.

1144

(4) An incentive payment may be claimed for biofuel sold on

1145

or after January 1, 2009.

1146

(a) Beginning in 2010, each applicant claiming an incentive

1147

must apply to the department by February 1 of each year for an

1148

allocation of the available incentive for the preceding calendar

1149

year.

1150

(b) The department shall develop an application form that,

1151

at a minimum, requires a sworn affidavit from each retail dealer

1152

certifying the following:

1153

1. The name and principal address of the retail dealer.

1154

2. The address of the retail dealer's retail motor fuel

1155

sites from which biofuels were sold during the preceding calendar

1156

year.

1157

3. The total gallons of E10 ethanol sold through fuel

1158

dispensers.

1159

4. The total gallons of E85 ethanol sold through fuel

1160

dispensers.

1161

5. The total gallons of biodiesel blended fuel sold through

1162

fuel dispensers.

1163

6. The total gallons of biodiesel sold through fuel

1164

dispensers.

1165

7. Any other information deemed necessary by the department

1166

to adequately ensure that incentive payments are made only to

1167

qualified Florida retail dealers.

1168

1169

payments allowed under this section.

1170

(5) If the amount of incentives applied for each year

1171

exceeds the amount appropriated, the department shall pay to each

1172

applicant a prorated amount based on each applicant's gallonage

1173

of qualified biofuel sold and dispensed.

1174

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

1175

120.536(1) and 120.54 to administer this section, including rules

1176

prescribing forms, the documentation needed to substantiate a

1177

claim for an incentive, and the specific procedures and

1178

guidelines for claiming the incentive.

1179

Section 22. Section 570.959, Florida Statutes, is created

1180

to read:

1181

570.959 Biofuel Production Incentives Program.--

1182

(1) The Biofuel Production Incentives Program is

1183

established in the department for the purpose of encouraging the

1184

development and expansion of facilities that produce biofuels

1185

from crops, agricultural waste and residues, and other biomass

1186

produced in this state by providing economic incentives.

1187

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

1188

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

1189

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

1190

source of energy and meeting the specifications for biodiesel and

1191

biodiesel blended with petroleum products as adopted by the

1192

department.

1193

(b) "Biofuel" means ethanol or biodiesel.

1194

1195

denatured alcohol produced by the conversion of carbohydrates and

1196

meeting the specifications for fuel ethanol adopted by the

1197

department.

1198

(d) "Biofuel production" means the production of biofuel

1199

from crops, agricultural waste and residues, and other biomass

1200

produced in this state.

1201

(3) In order to be eligible for an incentive under this

1202

section, a producer must have registered and have met the

1203

requirements specified in chapter 206.

1204

(4) An incentive, subject to appropriation, shall be paid

1205

to a producer based on state biofuel production as follows:

1206

(a) The incentive shall be 5 cents for each gallon of

1207

unblended biofuel produced, exclusive of denaturant, during a

1208

given calendar year and sold to an unrelated blender of biofuel.

1209

(b) The incentive may be earned for production on or after

1210

January 1, 2009. Beginning in 2010, each producer claiming an

1211

incentive must first apply to the department by February 1 of

1212

each year for an allocation of available incentives. The

1213

department shall develop an application form that shall, at a

1214

minimum, require a sworn affidavit from each producer certifying

1215

the production that forms the basis of the application and

1216

certifying that all information contained in the application is

1217

true and correct.

1218

1219

production is eligible for the incentive under this section.

1220

(d) If the amount of incentives applied for each year

1221

exceeds the amount appropriated, the department shall pay to each

1222

applicant a prorated amount based on the percentage of biofuel

1223

produced that is eligible for the incentive.

1224

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

1225

120.536(1) and 120.54 to administer this section, including rules

1226

prescribing forms, the documentation needed to substantiate a

1227

claim for the incentive, and the specific procedures and

1228

guidelines for claiming the incentive.

1229

Section 23. Section 683.326, Florida Statutes, is created

1230

to read:

1231

683.326 Energy Efficiency and Conservation Month.--

1232

(1) The month of October of each year is designated as

1233

"Energy Efficiency and Conservation Month."

1234

(2) The Governor may issue a proclamation annually

1235

designating the month of October as "Energy Efficiency and

1236

Conservation Month" and calling upon the residents of the state

1237

to observe the occasion in order to promote energy efficiency and

1238

conservation of the state's resources.

1239

Section 24. (1) The Legislature declares that there is an

1240

important state interest in promoting the construction of energy-

1241

efficient and sustainable buildings. Government leadership is

1242

vital to demonstrate the state's commitment to energy

1243

conservation, saving taxpayers money, and raising public

1244

awareness of energy-rating systems.

1245

(2) All county, municipal, and public community college

1246

buildings shall be constructed to meet the United States Green

1247

Building Council (USGBC) Leadership in Energy and Environmental

1248

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

1249

Globes rating system, or a nationally recognized, high-

1250

performance green building rating system as approved by the

1251

Department of Management Services. This section applies to all

1252

county, municipal, and public community college buildings the

1253

architectural plans for which are started on or after July 1,

1254

2009.

1255

Section 25. School district biodiesel usage.--

1256

(1) By January 1, 2009, a minimum of 20 percent of total

1257

diesel fuel purchases for use by school districts shall be

1258

biodiesel, subject to availability.

1259

(2) If a school district contracts with another government

1260

entity or private entity to provide transportation services for

1261

any of its pupils, the biodiesel blend fuel requirement

1262

established pursuant to subsection (1) shall be part of that

1263

contract. However, this requirement applies only to contracts

1264

entered into on or after July 1, 2008.

1265

Section 26. (1) The Legislature recognizes the need for

1266

expanded collaboration between the public and private sectors and

1267

increased public-private joint ventures in the areas of energy

1268

research, alternative fuel production, space exploration, and

1269

technological advances in the energy and aerospace industries.

1270

(2) Subject to appropriation, there is created within the

1271

Executive Office of the Governor the Florida Energy, Aerospace,

1272

and Technology Fund (F.E.A.T.) to encourage a state partnership

1273

with the Federal Government and the private sector in order to

1274

identify business and investment opportunities and identify

1275

performance goals for those investments in the areas of

1276

alternative energy development and production infrastructure;

1277

biofuel, wind power, and solar energy technology development and

1278

applications; ethanol production and systems for conversion and

1279

use of ethanol fuels; cryogenics and hydrogen-based technology

1280

applications, storage, and conversion systems; hybrid engine

1281

power systems conversion technologies and production facilities;

1282

aerospace industry expansion or development opportunities;

1283

aerospace facility modifications and upgrades; build outs; new

1284

spaceport, range, and ground support infrastructure; new

1285

aerospace facilities and laboratories; new simulation,

1286

communications, and command and control systems; and other

1287

aerospace manufacturing and maintenance support infrastructure.

1288

(3) A complete and detailed report shall be provided by the

1289

fund to the Governor, the President of the Senate, and the

1290

Speaker of the House of Representatives, setting forth the

1291

following:

1292

(a) An accounting of all state funds committed and invested

1293

by the fund;

1294

(b) A qualitative and quantitative assessment of each fund

1295

investment against the investment performance goals established

1296

for investment, as well as an assessment of overall fund

1297

performance against investment objectives established for the

1298

fund overall; and

1299

1300

recommendations for changes.

1301

Section 27. This act shall take effect July 1, 2008.

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