HB 7135

1	A bill to be entitled
2	An act relating to energy; amending s. 74.051, F.S.;
3	requiring a court to conduct a hearing and issue a final
4	judgment on a petition for a taking within specified times
5	after a utility's request for such hearing; amending s.
6	110.171, F.S.; requiring each state agency to complete a
7	telecommuting program by a specified date which includes a
8	listing of the job classifications and positions that the
9	state agency considers appropriate for telecommuting;
10	providing requirements for the telecommuting program;
11	requiring each state agency to post the telecommuting
12	program on its Internet website; amending s. 186.007,
13	F.S.; authorizing the Executive Office of the Governor to
14	include in the state comprehensive plan goals, objectives,
15	and policies related to energy and global climate change;
16	amending s. 187.201, F.S.; expanding the air quality,
17	energy, and land use goals of the State Comprehensive Plan
18	to include the development of low-carbon-emitting electric
19	power plants, the reduction of atmospheric carbon dioxide,
20	the promotion of the use and development of renewable
21	energy resources, and provide for the siting of low carbon
22	emitting electric power plants, including nuclear plants;
23	amending ss. 196.012 and 196.175, F.S.; deleting outdated,
24	obsolete language; removing the expiration date of the
25	property tax exemption for real property on which a
26	renewable energy source device is installed and revising
27	the options for calculating the amount of the exemption;
28	amending s. 206.43, F.S.; requiring each terminal
29	supplier, importer, blender, and wholesaler to provide in
30	a report to the Department of Revenue the number of
31	gallons of gasoline fuel meeting and not meeting the
32	required fuel standard; amending s. 212.08, F.S.; revising
33	the definition of "ethanol"; specifying eligible items as
34	limited to one refund; requiring a purchaser who receives
35	a refund to notify a subsequent purchaser of such refund;
36	requiring the Department of Environmental Protection to
37	adopt, by rule, an application form for claiming a tax
38	exemption; amending s. 220.192, F.S.; defining terms
39	related to a tax credit; allowing the tax credit to be
40	transferred for a specified period; providing procedures
41	and requirements; requiring the Department of Revenue to
42	adopt rules for implementation and administration of the
43	program; amending s. 220.193, F.S.; defining the terms
44	"sale" or "sold"; defining the term "taxpayer"; providing
45	for retroactivity; providing that the use of the renewable
46	energy production credit does not reduce the alternative
47	minimum tax credit; amending s. 253.02, F.S.; authorizing
48	the Board of Trustees of the Internal Improvement Trust
49	Fund to delegate authority to grant easements across lands
50	owned by the Board of Trustees of the Internal Improvement
51	Trust Fund to the Secretary of Environmental Protection
52	under certain conditions; amending s. 255.249, F.S.;
53	requiring state agencies to annually provide telecommuting
54	plans to the Department of Management Services; amending
55	s. 255.251, F.S.; creating the "Florida Energy
56	Conservation and Sustainable Buildings Act"; amending s.
57	255.252, F.S.; providing findings and legislative intent;
58	providing that it is the policy of the state that
59	buildings constructed and financed by the state be
60	designed to meet the United States Green Building Council
61	(USGBC) Leadership in Energy and Environmental Design
62	(LEED) rating system, the Green Building Initiative's
63	Green Globes rating system, the Florida Green Building
64	Coalition standards, or a nationally recognized green
65	building rating system as approved by the department;
66	requiring each state agency occupying space owned or
67	managed by the department to identify and compile a list
68	of projects suitable for a guaranteed energy, water, and
69	wastewater performance savings contract; amending s.
70	255.253, F.S.; defining terms relating to energy
71	conservation for buildings; amending s. 255.254, F.S.;
72	prohibiting a state agency from leasing or constructing a
73	facility without having secured from the department a
74	proper evaluation of life-cycle costs for the building;
75	amending s. 255.255, F.S.; requiring the department to use
76	sustainable building ratings for conducting a life-cycle
77	cost analysis; amending s. 255.257, F.S.; requiring all
78	state agencies to adopt an energy efficiency rating system
79	as approved by the department for all new buildings and
80	renovations to existing buildings; requiring all county,
81	municipal, school district, water management district,
82	state university, community college, and Florida state
83	court buildings to meet certain energy efficiency
84	standards for construction; providing applicability;
85	creating s. 286.29, F.S.; requiring the Department of
86	Management Services to develop the Florida Climate-
87	Friendly Preferred Products List; requiring state agencies
88	to consult the list and purchase products from the list if
89	the price is comparable; requiring state agencies to
90	contract for meeting and conference space with facilities
91	having the "Green Lodging" designation; authorizing the
92	Department of Environmental Protection to adopt rules;
93	requiring the department to establish voluntary technical
94	assistance programs for various businesses; requiring
95	state agencies, state universities, community colleges,
96	and local governments that purchase vehicles under a state
97	purchasing plan to maintain vehicles according to minimum
98	standards and follow certain procedures when procuring new
99	vehicles; requiring state agencies to use ethanol and
100	biodiesel-blended fuels when available; amending s.
101	287.063, F.S.; prohibiting the payment term for equipment
102	from exceeding the useful life of the equipment unless the
103	contract provides for the replacement or the extension of
104	the useful life of the equipment during the term of the
105	loan; amending s. 287.064, F.S.; authorizing an extension
106	of the master equipment financing agreement for energy
107	conservation equipment; requiring the guaranteed energy,
108	water, and wastewater savings contractor to provide for
109	the replacement or the extension of the useful life of the
110	energy conservation equipment during the term of the
111	contract; amending s. 316.0741, F.S.; requiring all hybrid
112	and other low-emission and energy-efficient vehicles that
113	do not meet the minimum occupancy requirement and are
114	driven in a high-occupancy-vehicle lane to comply with
115	federally mandated minimum fuel economy standards;
116	authorizing specified vehicles to use certain high-
117	occupancy-vehicle lanes without payment of tolls; amending
118	s. 337.401, F.S.; requiring the Department of
119	Environmental Protection to adopt rules relating to the
120	placement of and access to aerial and underground electric
121	transmission lines having certain specifications; defining
122	the term "base-load generating facilities"; amending s.
123	339.175, F.S.; requiring each metropolitan planning
124	organization to develop a long-range transportation plan
125	and an annual project priority list that, among other
126	considerations, provide for sustainable growth and reduce
127	greenhouse gas emissions; amending s. 350.01, F.S.;
128	conforming the beginning of a Public Service Commission
129	member's term as chair with the beginning of terms of
130	commissioners; correcting cross-references; amending s.
131	350.012, F.S.; renaming the Committee on Public Service
132	Commission Oversight, a standing joint committee of the
133	Legislature, as the "Committee on Public Counsel
134	Oversight"; deleting the committee's authority to
135	recommend to the Governor nominees to fill vacancies on
136	the Public Service Commission; deleting the committee's
137	authority to file an ethics complaint against a member,
138	former member, or former employee of the commission or a
139	member of the Public Service Commission Nominating
140	Council; amending s. 350.03, F.S.; clarifying the power of
141	the Governor to remove and fill commission vacancies as
142	set forth in the State Constitution; amending s. 350.031,
143	F.S.; increasing the number of members on the council;
144	requiring the President of the Senate and the Speaker of
145	the House of Representatives to appoint a chair and vice
146	chair to the council in alternating years; removing
147	spending authority for the council to advertise vacancies;
148	requiring the council to submit recommendations for
149	vacancies on the Public Service Commission to the
150	Governor; requiring the council to nominate a minimum of
151	three persons for each vacancy; revising the date that
152	recommendations for vacancies must be submitted; providing
153	that a successor Governor may remove an appointee only as
154	provided; providing for the council to fill a vacancy on
155	the commission if the Governor fails to do so; authorizing
156	a successor governor to recall an unconfirmed appointee
157	under certain circumstances; amending ss. 350.061 and
158	350.0614, F.S., relating to the appointment, oversight,
159	and compensation of the Public Counsel; conforming
160	provisions to changes made by the act; amending s. 366.04,
161	F.S.; requiring an affected municipal electric utility to
162	conduct a referendum election of all its retail electric
163	customers to determine whether to require the creation of
164	an electric utility authority; amending s. 366.81, F.S.;
165	providing legislative intent; amending s. 366.82, F.S.;
166	requiring the Public Service Commission to adopt goals for
167	increasing the development of demand-side renewable energy
168	systems energy resources; providing for cost-effectiveness
169	tests; requiring the Florida Energy and Climate Commission
170	to be a party in the proceedings to adopt goals; providing
171	for an appropriations; providing for cost recovery;
172	authorizing the commission to provide financial rewards
173	and penalties; amending s. 366.8255, F.S.; redefining the
174	term "environmental compliance costs" to include costs or
175	expenses prudently incurred for scientific research and
176	geological assessments of carbon capture and storage for
177	the purpose of reducing an electric utility's greenhouse
178	gas emissions; amending s. 366.91, F.S.; clarifying the
179	definition of "biomass" to include waste and byproducts;
180	requiring each public utility, and each municipal electric
181	utility and rural electric utility cooperative that sells
182	electricity at retail, to develop a standardized
183	interconnection and net metering program for customer-
184	owned renewable generation; authorizing net metering to be
185	available when a utility purchases power generated from
186	biogas produced by anaerobic digestion; amending s.
187	366.92, F.S.; establishing a renewable portfolio standard;
188	providing for an economic and environmental assessment of
189	energy sources and the development of a successor
190	renewable portfolio standard; prohibiting the renewable
191	portfolio standard rule from taking effect until ratified
192	by the Legislature; amending s. 366.93, F.S.; revising the
193	definitions of "cost" and "preconstruction"; requiring the
194	Public Service Commission to establish rules relating to
195	cost recovery for the construction of new, expanded, or
196	relocated electrical transmission lines and facilities for
197	a nuclear power plant; amending s. 377.601, F.S.; revising
198	legislative intent with respect to the need to implement
199	alternative energy technologies; providing for the type
200	two transfer of the Florida Energy Commission in the
201	Department of Environmental Protection to the Florida
202	Energy and Climate Commission in the Executive Office of
203	the Governor; creating s. 377.6015, F.S.; providing for
204	the membership, meetings, duties, and responsibilities of
205	the Florida Energy and Climate Commission; providing
206	rulemaking authority; amending s. 377.602, F.S.; revising
207	the definition of "energy resources"; providing for
208	conforming changes; providing for the type two transfer of
209	the state energy program in the Department of
210	Environmental Protection to the Florida Energy and Climate
211	Commission in the Executive Office of the Governor;
212	amending ss. 377.603, 377.604, 377.605, 377.606, 377.608,
213	377.703, and 377.705, F.S.; providing for conforming
214	changes; amending s. 377.801, F.S.; providing a short
215	title; amending s. 377.802, F.S.; providing the purpose of
216	the Florida Energy and Climate Protection Act; amending s.
217	377.803, F.S.; revising definitions; clarifying the
218	definition of "renewable energy" to include biomass, as
219	defined in s. 366.91, F.S.; amending s. 377.804, F.S.,
220	relating to the Renewable Energy and Energy-Efficient
221	Technologies Grants Program; providing for the program to
222	include matching grants for technologies that increase the
223	energy efficiency of vehicles and commercial buildings;
224	providing for the solicitation of expertise of other
225	entities; providing application requirements; amending s.
226	377.806, F.S., relating to the Solar Energy System
227	Incentives Program; requiring compliance with the Florida
228	Building Code rather than local codes in order to be
229	eligible for a rebate under the program; creating s.
230	377.808, F.S.; establishing the "Florida Green Government
231	Grants Act"; providing for grants to be awarded to local
232	governments in the development of programs that achieve
233	green standards; amending ss. 380.23 and 403.031, F.S.;
234	conforming cross-references; creating s. 403.44, F.S.;
235	creating the Florida Climate Protection Act; defining
236	terms; requiring the Department of Environmental
237	Protection to establish the methodologies, reporting
238	periods, and reporting systems that must be used when
239	major emitters report to The Climate Registry; authorizing
240	the department to adopt rules for a cap-and-trade
241	regulatory program to reduce greenhouse gas emissions from
242	major emitters; providing for the content of the rule;
243	prohibiting the rules from being adopted until after
244	January 1, 2010, and from becoming effective until
245	ratified by the Legislature; amending s. 403.502, F.S.;
246	providing legislative intent; amending s. 403.503, F.S.;
247	defining the term "alternate corridor" and redefining the
248	term "corridor" for purposes of the Florida Electrical
249	Power Plant Siting Act; amending s. 403.504, F.S.;
250	requiring the Department of Environmental Protection to
251	determine whether a proposed alternate corridor is
252	acceptable; amending s. 403.506, F.S.; exempting an
253	electric utility from obtaining certification under the
254	Florida Electrical Power Plant Siting Act before
255	constructing facilities for a power plant using nuclear
256	materials as fuel; providing that a utility may obtain
257	separate licenses, permits, and approvals for such
258	construction under certain circumstances; exempting such
259	provisions from review under ch. 120, F.S.; amending s.
260	403.5064, F.S.; requiring an applicant to submit a
261	statement to the department if such applicant opts for
262	consideration of alternate corridors; amending s.
263	403.5065, F.S.; providing for conforming changes; amending
264	s. 403.50663, F.S.; providing for notice of meeting to the
265	general public; amending s. 403.50665, F.S.; requiring an
266	application to include a statement on the consistency of
267	directly associated facilities constituting a
268	"development"; requiring the Department of Environmental
269	Protection to address at the certification hearing the
270	issue of compliance with land use plans and zoning
271	ordinances for a proposed substation located in or along
272	an alternate corridor; amending s. 403.507, F.S.;
273	providing for reports to be submitted to the department no
274	later than 100 days after certification application has
275	been determined complete; amending s. 403.508, F.S.;
276	providing for land use and certification hearings;
277	amending s. 403.509, F.S.; requiring the Governor and
278	Cabinet sitting as the siting board to certify the
279	corridor having the least adverse impact; authorizing the
280	board to deny certification or allow a party to amend its
281	proposal; amending s. 403.511, F.S.; providing for
282	conforming changes; amending s. 403.5112, F.S.; providing
283	for filing of notice; amending s. 403.5113, F.S.;
284	providing for postcertification amendments and
285	postcertification review; amending s. 403.5115, F.S.;
286	requiring the applicant proposing the alternate corridor
287	to publish all notices relating to the application;
288	requiring that such notices comply with certain
289	requirements; requiring that notices be published at least
290	45 days before the rescheduled certification hearing;
291	amending ss. 403.516, 403.517, and 403.5175, F.S.;
292	providing conforming changes and cross-references;
293	amending s. 403.518, F.S.; authorizing the Department of
294	Environmental Protection to charge an application fee for
295	an alternate corridor; amending ss. 403.519, 403.5252,
296	403.526, 403.527, 403.5271, 403.5272, 403.5312, 403.5363,
297	403.5365, and 403.814, F.S., relating to determinations of
298	need and general permits; conforming provisions to changes
299	made by the act; amending s. 489.145, F.S.; revising
300	provisions of the Guaranteed Energy, Water, and Wastewater
301	Performance Savings Contracting Act; requiring that each
302	proposed contract or lease contain certain agreements
303	concerning operational cost-saving measures; requiring the
304	Office of the Chief Financial Officer to review contract
305	proposals; redefining terms; requiring that certain
306	baseline information, supporting information, and
307	documentation be included in contracts; requiring the
308	Office of the Chief Financial Officer to review contract
309	proposals; providing audit requirements; requiring
310	contract approval by the Chief Financial Officer; creating
311	s. 526.201, F.S.; creating the "Florida Renewable Fuel
312	Standard Act"; creating s. 526.202, F.S.; establishing
313	legislative findings for the act; creating s. 526.203,
314	F.S.; providing definitions, fuel standard, exemptions,
315	and reporting; creating s. 526.204, F.S.; providing for
316	suspension of standard requirement during declared
317	emergencies; creating s. 526.205, F.S.; providing for
318	enforcement of the act; creating s. 526.206, F.S.;
319	providing for rulemaking authority by the Department of
320	Revenue and the Department of Agriculture and Consumer
321	Services; creating s. 526.207, F.S.; requiring studies and
322	reports by the Florida Energy and Climate Commission;
323	amending s. 553.73, F.S.; requiring that the Florida
324	Building Commission select the most recent International
325	Energy Conservation Code as a foundation code; providing
326	for modification of the International Energy Conservation
327	Code by the commission under certain circumstances;
328	creating s. 553.9061, F.S.; requiring the Florida Building
329	Commission to establish a schedule of increases in the
330	energy performance of buildings subject to the Florida
331	Energy Efficiency Code for Building Construction; amending
332	s. 553.909, F.S.; requiring the Florida Energy Efficiency
333	Code for Building Construction to set minimum requirements
334	for certain commercial or residential appliances; amending
335	s. 553.957, F.S.; including certain home and commercial
336	appliances in the requirements for testing and
337	certification for meeting certain energy-conservation
338	standards; creating an undesignated statutory provision
339	relating to the Agency for Enterprise Information
340	Technology; creating s. 1004.648, F.S.; establishing the
341	Florida Energy Systems Consortium; providing for a
342	steering committee; requiring an annual report; requiring
343	an economic impact analysis on the effects of granting
344	financial incentives to energy producers who use woody
345	biomass as fuel; repealing s. 377.701, F.S., relating to
346	petroleum allocation; repealing s. 377.901, F.S., relating
347	to the Florida Energy Commission; repealing ss. 553.951,
348	553.953, 553.954, 553.955, 553.957, 553.959, 553.961,
349	553.963, 553.968, 553.969, 553.971, 553.973, and 553.975,
350	F.S., relating to the Florida Energy Conservation
351	Standards Act; providing effective dates.
352
353	Be It Enacted by the Legislature of the State of Florida:
354
355	Section 1.  Subsection (3) of section 74.051, Florida
356	Statutes, is renumbered as subsection (4), and a new subsection
357	(3) is added to that section to read:
358	74.051  Hearing on order of taking.--
359	(3)  If a defendant requests a hearing pursuant to s.
360	74.041(3) and the petitioner is an electric utility seeking to
361	appropriate property necessary for an electric generation plant,
362	an associated facility of an electric generation plant, an
363	electric substation, or a power line, the court shall conduct
364	the hearing within 120 days after the date the petition is
365	filed. The court shall issue its order of taking no more than 30
366	days after the conclusion of the hearing.
367	Section 2.  Subsection (3) of section 110.171, Florida
368	Statutes, is amended, and subsection (4) is added to that
369	section, to read:
370	110.171  State employee telecommuting program.--
371	(3)  By September 30, 2009 October 1, 1994, each state
372	agency shall identify and maintain a current listing of the job
373	classifications and positions that the agency considers
374	appropriate for telecommuting. Agencies that adopt a state
375	employee telecommuting program must:
376	(a)  Give equal consideration to career service and exempt
377	positions in their selection of employees to participate in the
378	telecommuting program.
379	(b)  Provide that an employee's participation in a
380	telecommuting program will not adversely affect eligibility for
381	advancement or any other employment rights or benefits.
382	(c)  Provide that participation by an employee in a
383	telecommuting program is voluntary, and that the employee may
384	elect to cease to participate in a telecommuting program at any
385	time.
386	(d)  Adopt provisions to allow for the termination of an
387	employee's participation in the program if the employee's
388	continued participation would not be in the best interests of
389	the agency.
390	(e)  Provide that an employee is not currently under a
391	performance improvement plan in order to participate in the
392	program.
393	(f)  Ensure that employees participating in the program are
394	subject to the same rules regarding attendance, leave,
395	performance reviews, and separation action as are other
396	employees.
397	(g)  Establish the reasonable conditions that the agency
398	plans to impose in order to ensure the appropriate use and
399	maintenance of any equipment or items provided for use at a
400	participating employee's home or other place apart from the
401	employee's usual place of work, including the installation and
402	maintenance of any telephone equipment and ongoing
403	communications costs at the telecommuting site which is to be
404	used for official use only.
405	(h)  Prohibit state maintenance of an employee's personal
406	equipment used in telecommuting, including any liability for
407	personal equipment and costs for personal utility expenses
408	associated with telecommuting.
409	(i)  Describe the security controls that the agency
410	considers appropriate.
411	(j)  Provide that employees are covered by workers'
412	compensation under chapter 440, when performing official duties
413	at an alternate worksite, such as the home.
414	(k)  Prohibit employees engaged in a telecommuting program
415	from conducting face-to-face state business at the homesite.
416	(l)  Require a written agreement that specifies the terms
417	and conditions of telecommuting, which includes verification by
418	the employee that the home office provides work space that is
419	free of safety and fire hazards, together with an agreement
420	which holds the state harmless against any and all claims,
421	excluding workers' compensation claims, resulting from an
422	employee working in the home office, and which must be signed
423	and agreed to by the telecommuter and the supervisor.
424	(m)  Provide measureable financial benefits associated with
425	reduced office space requirements, reductions in energy
426	consumption, and reductions in associated emissions of
427	greenhouse gases resulting from telecommuting. State agencies
428	operating in office space owned or managed by the department
429	shall consult the facilities program to ensure its consistency
430	with the strategic leasing plan required under s. 255.249(3)(b).
431	(4)  The telecommuting program for each state agency and
432	pertinent supporting documents shall be posted on the agency's
433	Internet website to allow access by employees and the public.
434	Section 3.  Subsection (3) of section 186.007, Florida
435	Statutes, is amended to read:
436	186.007  State comprehensive plan; preparation; revision.--
437	(3)  In the state comprehensive plan, the Executive Office
438	of the Governor may include goals, objectives, and policies
439	related to the following program areas: economic opportunities;
440	agriculture; employment; public safety; education; health
441	concerns; social welfare concerns; housing and community
442	development; natural resources and environmental management;
443	energy; global climate change; recreational and cultural
444	opportunities; historic preservation; transportation; and
445	governmental direction and support services.
446	Section 4.  Subsections (10), (11), and (15) of section
447	187.201, Florida Statutes, are amended to read:
448	187.201  State Comprehensive Plan adopted.--The Legislature
449	hereby adopts as the State Comprehensive Plan the following
450	specific goals and policies:
451	(10)  AIR QUALITY.--
452	(a)  Goal.--Florida shall comply with all national air
453	quality standards by 1987, and by 1992 meet standards which are
454	more stringent than 1985 state standards.
455	(b)  Policies.--
456	1.  Improve air quality and maintain the improved level to
457	safeguard human health and prevent damage to the natural
458	environment.
459	2.  Ensure that developments and transportation systems are
460	consistent with the maintenance of optimum air quality.
461	3.  Reduce sulfur dioxide and nitrogen oxide emissions and
462	mitigate their effects on the natural and human environment.
463	4.  Encourage the use of alternative energy resources that
464	do not degrade air quality.
465	5.  Ensure, at a minimum, that power plant fuel conversion
466	does not result in higher levels of air pollution.
467	6.  Encourage the development of low-carbon-emitting
468	electric power plants.
469	(11)  ENERGY.--
470	(a)  Goal.--Florida shall reduce its energy requirements
471	through enhanced conservation and efficiency measures in all
472	end-use sectors and shall reduce atmospheric carbon dioxide by,
473	while at the same time promoting an increased use of renewable
474	energy resources and low-carbon-emitting electric power plants.
475	(b)  Policies.--
476	1.  Continue to reduce per capita energy consumption.
477	2.  Encourage and provide incentives for consumer and
478	producer energy conservation and establish acceptable energy
479	performance standards for buildings and energy consuming items.
480	3.  Improve the efficiency of traffic flow on existing
481	roads.
482	4.  Ensure energy efficiency in transportation design and
483	planning and increase the availability of more efficient modes
484	of transportation.
485	5.  Reduce the need for new power plants by encouraging
486	end-use efficiency, reducing peak demand, and using cost-
487	effective alternatives.
488	6.  Increase the efficient use of energy in design and
489	operation of buildings, public utility systems, and other
490	infrastructure and related equipment.
491	7.  Promote the development and application of solar energy
492	technologies and passive solar design techniques.
493	8.  Provide information on energy conservation through
494	active media campaigns.
495	9.  Promote the use and development of renewable energy
496	resources and low-carbon-emitting electric power plants.
497	10.  Develop and maintain energy preparedness plans that
498	will be both practical and effective under circumstances of
499	disrupted energy supplies or unexpected price surges.
500	(15)  LAND USE.--
501	(a)  Goal.--In recognition of the importance of preserving
502	the natural resources and enhancing the quality of life of the
503	state, development shall be directed to those areas which have
504	in place, or have agreements to provide, the land and water
505	resources, fiscal abilities, and service capacity to accommodate
506	growth in an environmentally acceptable manner.
507	(b)  Policies.--
508	1.  Promote state programs, investments, and development
509	and redevelopment activities which encourage efficient
510	development and occur in areas which will have the capacity to
511	service new population and commerce.
512	2.  Develop a system of incentives and disincentives which
513	encourages a separation of urban and rural land uses while
514	protecting water supplies, resource development, and fish and
515	wildlife habitats.
516	3.  Enhance the livability and character of urban areas
517	through the encouragement of an attractive and functional mix of
518	living, working, shopping, and recreational activities.
519	4.  Develop a system of intergovernmental negotiation for
520	siting locally unpopular public and private land uses which
521	considers the area of population served, the impact on land
522	development patterns or important natural resources, and the
523	cost-effectiveness of service delivery.
524	5.  Encourage and assist local governments in establishing
525	comprehensive impact-review procedures to evaluate the effects
526	of significant development activities in their jurisdictions.
527	6.  Consider, in land use planning and regulation, the
528	impact of land use on water quality and quantity; the
529	availability of land, water, and other natural resources to meet
530	demands; and the potential for flooding.
531	7.  Provide educational programs and research to meet
532	state, regional, and local planning and growth-management needs.
533	8.  Provide for the siting of low-carbon-emitting electric
534	power plants, including nuclear power plants, to meet the
535	state's determined need for electric power generation.
536	Section 5.  Subsection (14) of section 196.012, Florida
537	Statutes, is amended to read:
538	196.012  Definitions.--For the purpose of this chapter, the
539	following terms are defined as follows, except where the context
540	clearly indicates otherwise:
541	(14)  "Renewable energy source device" or "device" means
542	any of the following equipment which, when installed in
543	connection with a dwelling unit or other structure, collects,
544	transmits, stores, or uses solar energy, wind energy, or energy
545	derived from geothermal deposits:
546	(a)  Solar energy collectors.
547	(b)  Storage tanks and other storage systems, excluding
548	swimming pools used as storage tanks.
549	(c)  Rockbeds.
550	(d)  Thermostats and other control devices.
551	(e)  Heat exchange devices.
552	(f)  Pumps and fans.
553	(g)  Roof ponds.
554	(h)  Freestanding thermal containers.
555	(i)  Pipes, ducts, refrigerant handling systems, and other
556	equipment used to interconnect such systems; however,
557	conventional backup systems of any type are not included in this
558	definition.
559	(j)  Windmills.
560	(k)  Wind-driven generators.
561	(l)  Power conditioning and storage devices that use wind
562	energy to generate electricity or mechanical forms of energy.
563	(m)  Pipes and other equipment used to transmit hot
564	geothermal water to a dwelling or structure from a geothermal
565	deposit.
566
567	"Renewable energy source device" or "device" also means any heat
568	pump with an energy efficiency ratio (EER) or a seasonal energy
569	efficiency ratio (SEER) exceeding 8.5 and a coefficient of
570	performance (COP), exceeding 2.8; waste heat recovery system; or
571	water heating system the primary heat source of which is a
572	dedicated heat pump or the otherwise unused capacity of a heat
573	pump heating, ventilating, and air-conditioning system, provided
574	such device is installed in a structure substantially complete
575	before January 1, 1985, and whether or not solar energy, wind
576	energy, or energy derived from geothermal deposits is collected,
577	transmitted, stored, or used by such device.
578	Section 6.  Section 196.175, Florida Statutes, is amended
579	to read:
580	196.175  Renewable energy source exemption.--
581	(1)  Improved real property upon which a renewable energy
582	source device is installed and operated shall be entitled to an
583	exemption in the amount of not greater than the lesser of:
584	(a)  The assessed value of such real property less any
585	other exemptions applicable under this chapter;
586	(b)  the original cost of the device, including the
587	installation cost thereof, but excluding the cost of replacing
588	previously existing property removed or improved in the course
589	of such installation; or
590	(c)  Eight percent of the assessed value of such property
591	immediately following installation.
592	(2)  The exempt amount authorized under subsection (1)
593	shall apply in full if the device was installed and operative
594	throughout the 12-month period preceding January 1 of the year
595	of application for this exemption. If the device was operative
596	for a portion of that period, the exempt amount authorized under
597	this section shall be reduced proportionally.
598	(3)  It shall be the responsibility of the applicant for an
599	exemption pursuant to this section to demonstrate affirmatively
600	to the satisfaction of the property appraiser that he or she
601	meets the requirements for exemption under this section and that
602	the original cost pursuant to paragraph (1)(b) and the period
603	for which the device was operative, as indicated on the
604	exemption application, are correct.
605	(4)  No exemption authorized pursuant to this section shall
606	be granted for a period of more than 10 years. No exemption
607	shall be granted with respect to renewable energy source devices
608	installed before January 1, 2009 1980, or after December 31,
609	1990.
610	Section 7.  Subsection (2) of section 206.43, Florida
611	Statutes, is amended to read:
612	206.43  Terminal supplier, importer, exporter, blender, and
613	wholesaler to report to department monthly; deduction.--The
614	taxes levied and assessed as provided in this part shall be paid
615	to the department monthly in the following manner:
616	(2)(a)  Such report may show in detail the number of
617	gallons so sold and delivered by the terminal supplier,
618	importer, exporter, blender, or wholesaler in the state, and the
619	destination as to the county in the state to which the motor
620	fuel was delivered for resale at retail or use shall be
621	specified in the report. The total taxable gallons sold shall
622	agree with the total gallons reported to the county destinations
623	for resale at retail or use. All gallons of motor fuel sold
624	shall be invoiced and shall name the county of destination for
625	resale at retail or use.
626	(b)  Each terminal supplier, importer, blender, and
627	wholesaler shall also include in the report to the department
628	the number of gallons of gasoline fuel meeting and not meeting
629	the requirements of s. 526.203.
630	Section 8.  Paragraph (ccc) of subsection (7) of section
631	212.08, Florida Statutes, is amended to read:
632	212.08  Sales, rental, use, consumption, distribution, and
633	storage tax; specified exemptions.--The sale at retail, the
634	rental, the use, the consumption, the distribution, and the
635	storage to be used or consumed in this state of the following
636	are hereby specifically exempt from the tax imposed by this
637	chapter.
638	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
639	entity by this chapter do not inure to any transaction that is
640	otherwise taxable under this chapter when payment is made by a
641	representative or employee of the entity by any means,
642	including, but not limited to, cash, check, or credit card, even
643	when that representative or employee is subsequently reimbursed
644	by the entity. In addition, exemptions provided to any entity by
645	this subsection do not inure to any transaction that is
646	otherwise taxable under this chapter unless the entity has
647	obtained a sales tax exemption certificate from the department
648	or the entity obtains or provides other documentation as
649	required by the department. Eligible purchases or leases made
650	with such a certificate must be in strict compliance with this
651	subsection and departmental rules, and any person who makes an
652	exempt purchase with a certificate that is not in strict
653	compliance with this subsection and the rules is liable for and
654	shall pay the tax. The department may adopt rules to administer
655	this subsection.
656	(ccc)  Equipment, machinery, and other materials for
657	renewable energy technologies.--
658	1.  As used in this paragraph, the term:
659	a.  "Biodiesel" means the mono-alkyl esters of long-chain
660	fatty acids derived from plant or animal matter for use as a
661	source of energy and meeting the specifications for biodiesel
662	and biodiesel blends with petroleum products as adopted by the
663	Department of Agriculture and Consumer Services. Biodiesel may
664	refer to biodiesel blends designated BXX, where XX represents
665	the volume percentage of biodiesel fuel in the blend.
666	b.  "Ethanol" means an nominally anhydrous denatured
667	alcohol produced by the conversion of carbohydrates fermentation
668	of plant sugars meeting the specifications for fuel ethanol and
669	fuel ethanol blends with petroleum products as adopted by the
670	Department of Agriculture and Consumer Services. Ethanol may
671	refer to fuel ethanol blends designated EXX, where XX represents
672	the volume percentage of fuel ethanol in the blend.
673	c.  "Hydrogen fuel cells" means equipment using hydrogen or
674	a hydrogen-rich fuel in an electrochemical process to generate
675	energy, electricity, or the transfer of heat.
676	2.  The sale or use of the following in the state is exempt
677	from the tax imposed by this chapter:
678	a.  Hydrogen-powered vehicles, materials incorporated into
679	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
680	a limit of $2 million in tax each state fiscal year for all
681	taxpayers.
682	b.  Commercial stationary hydrogen fuel cells, up to a
683	limit of $1 million in tax each state fiscal year for all
684	taxpayers.
685	c.  Materials used in the distribution of biodiesel (B10-
686	B100) and ethanol (E10-E100), including fueling infrastructure,
687	transportation, and storage, up to a limit of $1 million in tax
688	each state fiscal year for all taxpayers. Gasoline fueling
689	station pump retrofits for ethanol (E10-E100) distribution
690	qualify for the exemption provided in this sub-subparagraph.
691	3.  The Department of Environmental Protection shall
692	provide to the department a list of items eligible for the
693	exemption provided in this paragraph.
694	4.a.  The exemption provided in this paragraph shall be
695	available to a purchaser only through a refund of previously
696	paid taxes. Only the initial purchase of an eligible item from
697	the manufacturer is subject to refund. A purchaser who has
698	received a refund on an eligible item must notify any subsequent
699	purchaser of the item that the item is no longer eligible for a
700	refund of tax paid. This notification must be provided to the
701	subsequent purchaser on the sales invoice or other proof of
702	purchase.
703	b.  To be eligible to receive the exemption provided in
704	this paragraph, a purchaser shall file an application with the
705	Department of Environmental Protection. The application shall be
706	developed by the Department of Environmental Protection, in
707	consultation with the department, and shall require:
708	(I)  The name and address of the person claiming the
709	refund.
710	(II)  A specific description of the purchase for which a
711	refund is sought, including, when applicable, a serial number or
712	other permanent identification number.
713	(III)  The sales invoice or other proof of purchase showing
714	the amount of sales tax paid, the date of purchase, and the name
715	and address of the sales tax dealer from whom the property was
716	purchased.
717	(IV)  A sworn statement that the information provided is
718	accurate and that the requirements of this paragraph have been
719	met.
720	c.  Within 30 days after receipt of an application, the
721	Department of Environmental Protection shall review the
722	application and shall notify the applicant of any deficiencies.
723	Upon receipt of a completed application, the Department of
724	Environmental Protection shall evaluate the application for
725	exemption and issue a written certification that the applicant
726	is eligible for a refund or issue a written denial of such
727	certification within 60 days after receipt of the application.
728	The Department of Environmental Protection shall provide the
729	department with a copy of each certification issued upon
730	approval of an application.
731	d.  Each certified applicant shall be responsible for
732	forwarding a certified copy of the application and copies of all
733	required documentation to the department within 6 months after
734	certification by the Department of Environmental Protection.
735	e.  The provisions of s. 212.095 do not apply to any refund
736	application made pursuant to this paragraph. A refund approved
737	pursuant to this paragraph shall be made within 30 days after
738	formal approval by the department.
739	f.  The Department of Environmental Protection may adopt
740	the form for the application for a certificate, requirements for
741	the content and format of information submitted to the
742	Department of Environmental Protection in support of the
743	application, other procedural requirements, and criteria by
744	which the application will be determined by rule. The department
745	may adopt all other rules pursuant to ss. 120.536(1) and 120.54
746	to administer this paragraph, including rules establishing
747	additional forms and procedures for claiming this exemption.
748	g.  The Department of Environmental Protection shall be
749	responsible for ensuring that the total amounts of the
750	exemptions authorized do not exceed the limits as specified in
751	subparagraph 2.
752	5.  The Department of Environmental Protection shall
753	determine and publish on a regular basis the amount of sales tax
754	funds remaining in each fiscal year.
755	6.  This paragraph expires July 1, 2010.
756	Section 9.  Present subsections (1), (6), and (7) of
757	section 220.192, Florida Statutes, are amended, and a new
758	subsection (6) is added to that section, to read:
759	220.192  Renewable energy technologies investment tax
760	credit.--
761	(1)  DEFINITIONS.--For purposes of this section, the term:
762	(a)  "Biodiesel" means biodiesel as defined in s.
763	212.08(7)(ccc).
764	(b)  "Corporation" includes a general partnership, limited
765	partnership, limited liability company, unincorporated business,
766	or other business entity, including entities taxed as
767	partnerships for federal income tax purposes.
768	(c)(b)  "Eligible costs" means:
769	1.  Seventy-five percent of all capital costs, operation
770	and maintenance costs, and research and development costs
771	incurred between July 1, 2006, and June 30, 2010, up to a limit
772	of $3 million per state fiscal year for all taxpayers, in
773	connection with an investment in hydrogen-powered vehicles and
774	hydrogen vehicle fueling stations in the state, including, but
775	not limited to, the costs of constructing, installing, and
776	equipping such technologies in the state.
777	2.  Seventy-five percent of all capital costs, operation
778	and maintenance costs, and research and development costs
779	incurred between July 1, 2006, and June 30, 2010, up to a limit
780	of $1.5 million per state fiscal year for all taxpayers, and
781	limited to a maximum of $12,000 per fuel cell, in connection
782	with an investment in commercial stationary hydrogen fuel cells
783	in the state, including, but not limited to, the costs of
784	constructing, installing, and equipping such technologies in the
785	state.
786	3.  Seventy-five percent of all capital costs, operation
787	and maintenance costs, and research and development costs
788	incurred between July 1, 2006, and June 30, 2010, up to a limit
789	of $6.5 million per state fiscal year for all taxpayers, in
790	connection with an investment in the production, storage, and
791	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
792	the state, including the costs of constructing, installing, and
793	equipping such technologies in the state. Gasoline fueling
794	station pump retrofits for ethanol (E10-E100) distribution
795	qualify as an eligible cost under this subparagraph.
796	(d)(c)  "Ethanol" means ethanol as defined in s.
797	212.08(7)(ccc).
798	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
799	defined in s. 212.08(7)(ccc).
800	(f)  "Taxpayer" includes a corporation as defined in
801	paragraph (b) or s. 220.03.
802	(6)  TRANSFERABILITY OF CREDIT.--
803	(a)  For tax years beginning on or after January 1, 2009,
804	any corporation or subsequent transferee allowed a tax credit
805	under this section may transfer the credit, in whole or in part,
806	to any taxpayer by written agreement without transferring any
807	ownership interest in the property generating the credit or any
808	interest in the entity owning such property. The transferee is
809	entitled to apply the credits against the tax with the same
810	effect as if the transferee had incurred the eligible costs.
811	(b)  To perfect the transfer, the transferor shall provide
812	the department with a written transfer statement notifying the
813	department of the transferor's intent to transfer the tax
814	credits to the transferee; the date the transfer is effective;
815	the transferee's name, address, and federal taxpayer
816	identification number; the tax period; and the amount of tax
817	credits to be transferred. The department shall, upon receipt of
818	a transfer statement conforming to the requirements of this
819	section, provide the transferee with a certificate reflecting
820	the tax credit amounts transferred. A copy of the certificate
821	must be attached to each tax return for which the transferee
822	seeks to apply such tax credits.
823	(c)  A tax credit authorized under this section that is
824	held by a corporation and not transferred under this subsection
825	shall be passed through to the taxpayers designated as partners,
826	members, or owners, respectively, in the manner agreed to by
827	such persons regardless of whether such partners, members, or
828	owners are allocated or allowed any portion of the federal
829	energy tax credit for the eligible costs. A corporation that
830	passes the credit through to a partner, member, or owner must
831	comply with the notification requirements described in paragraph
832	(b). The partner, member, or owner must attach a copy of the
833	certificate to each tax return on which the partner, member, or
834	owner claims any portion of the credit.
835	(7)(6)  RULES.--The Department of Revenue shall have the
836	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
837	to administer this section, including rules relating to:
838	(a)  The forms required to claim a tax credit under this
839	section, the requirements and basis for establishing an
840	entitlement to a credit, and the examination and audit
841	procedures required to administer this section.
842	(b)  The implementation and administration of the
843	provisions allowing a transfer of a tax credit, including rules
844	prescribing forms, reporting requirements, and specific
845	procedures, guidelines, and requirements necessary to transfer a
846	tax credit.
847	(8)(7)  PUBLICATION.--The Department of Environmental
848	Protection shall determine and publish on a regular basis the
849	amount of available tax credits remaining in each fiscal year.
850	Section 10.  Paragraphs (f) and (g) are added to subsection
851	(2) and paragraphs (j) and (k) are added to subsection (3) of
852	section 220.193, Florida Statutes, to read:
853	220.193  Florida renewable energy production credit.--
854	(2)  As used in this section, the term:
855	(f)  "Sale" or "sold" includes the use of electricity by
856	the producer of such electricity which decreases the amount of
857	electricity that the producer would otherwise have to purchase.
858	(g)  "Taxpayer" includes a general partnership, limited
859	partnership, limited liability company, trust, or other
860	artificial entity in which a corporation, as defined in s.
861	220.03(1)(e), owns an interest and is taxed as a partnership or
862	is disregarded as a separate entity from the corporation under
863	this chapter.
864	(3)  An annual credit against the tax imposed by this
865	section shall be allowed to a taxpayer, based on the taxpayer's
866	production and sale of electricity from a new or expanded
867	Florida renewable energy facility. For a new facility, the
868	credit shall be based on the taxpayer's sale of the facility's
869	entire electrical production. For an expanded facility, the
870	credit shall be based on the increases in the facility's
871	electrical production that are achieved after May 1, 2006.
872	(j)  When an entity treated as a partnership or a
873	disregarded entity under this chapter produces and sells
874	electricity from a new or expanded renewable energy facility,
875	the credit earned by such entity shall pass through in the same
876	manner as items of income and expense pass through for federal
877	income tax purposes. When an entity applies for the credit and
878	the entity has received the credit by a pass-through, the
879	application must identify the taxpayer that passed the credit
880	through, all taxpayers that received the credit, and the
881	percentage of the credit that passes through to each recipient
882	and must provide other information that the department requires.
883	(k)  A taxpayer's use of the credit granted pursuant to
884	this section does not reduce the amount of any credit available
885	to such taxpayer under s. 220.186.
886	Section 11.  It is the intent of the Legislature that the
887	amendments made by this act to s. 220.193, Florida Statutes, are
888	remedial in nature and apply retroactively to the effective date
889	of the law establishing the credit.
890	Section 12.  Subsection (2) of section 253.02, Florida
891	Statutes, is amended to read:
892	253.02  Board of trustees; powers and duties.--
893	(2)(a)  The board of trustees shall not sell, transfer, or
894	otherwise dispose of any lands the title to which is vested in
895	the board of trustees except by vote of at least three of the
896	four trustees.
897	(b)  The authority of the board of trustees to grant
898	easements for rights-of-way over, across, and upon uplands the
899	title to which is vested in the board of trustees for the
900	construction and operation of electric transmission and
901	distribution facilities and related appurtenances is hereby
902	confirmed. The board of trustees may delegate to the Secretary
903	of Environmental Protection the authority to grant such
904	easements on its behalf. All easements for rights-of-way over,
905	across, and upon uplands the title to which is vested in the
906	board of trustees for the construction and operation of electric
907	transmission and distribution facilities and related
908	appurtenances shall meet the following criteria:
909	1.  Such easements do not prevent the use of the state-
910	owned uplands adjacent to the easement area for the purposes for
911	which such lands were acquired and do not unreasonably diminish
912	the ecological, conservation, or recreational values of the
913	state-owned uplands adjacent to the easement area.
914	2.  There is no practical and prudent alternative to
915	locating the linear facility and related appurtenances on state-
916	owned upland. For purposes of this subparagraph, the test of
917	practicality and prudence shall compare the social, economic,
918	and environmental effects of the alternatives.
919	3.  Appropriate steps are taken to minimize the impacts to
920	state-owned uplands. Such steps may include:
921	a.  Siting of facilities so as to reduce impacts and
922	minimize fragmentation of the overall state-owned parcel;
923	b.  Avoiding significant wildlife habitat, wetlands, or
924	other valuable natural resources to the maximum extent
925	practicable; or
926	c.  Avoiding interference with active land management
927	practices, such as prescribed burning.
928	4.  Except for easements granted as a part of a land
929	exchange initiated by a governmental entity to accomplish a
930	recreational or conservation benefit or other public purpose, in
931	exchange for such easements, the grantee pays an amount equal to
932	the market value of the interest acquired. In addition, for the
933	initial grant of such easements only, the grantee shall provide
934	additional compensation by vesting in the board of trustees fee
935	simple title to other available uplands that are 1.5 times the
936	size of the easement acquired by the grantee. The grantor shall
937	approve the property to be acquired on its behalf based on the
938	geographic location in relation to the land proposed to be under
939	easement and a determination that economic, ecological, and
940	recreational value is at least equivalent to the value of the
941	lands under proposed easement. Priority for replacement uplands
942	shall be given to parcels identified as in-holdings and
943	additions to public lands and lands on a Florida Forever land
944	acquisition list. However, if suitable replacement uplands
945	cannot be identified, the grantee shall provide additional
946	compensation for the initial grant of such easements only by
947	paying to the department an amount equal to 2 times the current
948	market value of the state-owned land or the highest and best use
949	value at the time of purchase, whichever is greater. When
950	determining the use of such funds, priority shall be given to
951	parcels identified as in-holdings and additions to public lands
952	and lands on a Florida Forever land acquisition list.
953	Section 13.  Paragraph (d) of subsection (3) of section
954	255.249, Florida Statutes, is amended to read:
955	255.249  Department of Management Services; responsibility;
956	department rules.--
957	(3)
958	(d)  By June 30 of each year, each state agency shall
959	annually provide to the department all information regarding
960	agency programs affecting the need for or use of space by that
961	agency, reviews of lease-expiration schedules for each
962	geographic area, active and planned full-time equivalent data,
963	business case analyses related to consolidation plans by an
964	agency, a telecommuting program, and current occupancy and
965	relocation costs, inclusive of furnishings, fixtures and
966	equipment, data, and communications.
967	Section 14.  Section 255.251, Florida Statutes, is amended
968	to read:
969	255.251  Energy Conservation and Sustainable in Buildings
970	Act; short title.--This act shall be cited as the "Florida
971	Energy Conservation and Sustainable in Buildings Act of 1974."
972	Section 15.  Section 255.252, Florida Statutes, is amended
973	to read:
974	255.252  Findings and intent.--
975	(1)  Operating and maintenance expenditures associated with
976	energy equipment and with energy consumed in state-financed and
977	leased buildings represent a significant cost over the life of a
978	building. Energy conserved by appropriate building design not
979	only reduces the demand for energy but also reduces costs for
980	building operation. For example, commercial buildings are
981	estimated to use from 20 to 80 percent more energy than would be
982	required if energy-conserving designs were used. The size,
983	design, orientation, and operability of windows, the ratio of
984	ventilating air to air heated or cooled, the level of lighting
985	consonant with space-use requirements, the handling of occupancy
986	loads, and the ability to zone off areas not requiring
987	equivalent levels of heating or cooling are but a few of the
988	considerations necessary to conserving energy.
989	(2)  Significant efforts are needed to build energy-
990	efficient state-owned buildings that meet environmental
991	standards and underway by the General Services Administration,
992	the National Institute of Standards and Technology, and others
993	to detail the considerations and practices for energy
994	conservation in buildings. Most important is that energy-
995	efficient designs provide energy savings over the life of the
996	building structure. Conversely, energy-inefficient designs cause
997	excess and wasteful energy use and high costs over that life.
998	With buildings lasting many decades and with energy costs
999	escalating rapidly, it is essential that the costs of operation
1000	and maintenance for energy-using equipment and sustainable
1001	materials be included in all design proposals for state-owned
1002	state buildings.
1003	(3)  In order that such energy-efficiency and sustainable
1004	materials considerations become a function of building design,
1005	and also a model for future application in the private sector,
1006	it shall be the policy of the state that buildings constructed
1007	and financed by the state be designed and constructed to comply
1008	with the United States Green Building Council (USGBC) Leadership
1009	in Energy and Environmental Design (LEED) rating system, the
1010	Green Building Initiative's Green Globes rating system, the
1011	Florida Green Building Coalition standards, or a nationally
1012	recognized, high-performance green building rating system as
1013	approved by the department in a manner which will minimize the
1014	consumption of energy used in the operation and maintenance of
1015	such buildings. It is further the policy of the state, when
1016	economically feasible, to retrofit existing state-owned
1017	buildings in a manner which will minimize the consumption of
1018	energy used in the operation and maintenance of such buildings.
1019	(4)  In addition to designing and constructing new
1020	buildings to be energy-efficient, it shall be the policy of the
1021	state to operate and, maintain, and renovate existing state
1022	facilities, or provide for their renovation, in a manner which
1023	will minimize energy consumption and maximize building
1024	sustainability as well as ensure that facilities leased by the
1025	state are operated so as to minimize energy use. It is further
1026	the policy of the state that the renovation of existing state
1027	facilities be in accordance with the United States Green
1028	Building Council (USGBC) Leadership in Energy and Environmental
1029	Design (LEED) rating system, the Green Building Initiative's
1030	Green Globes rating system, the Florida Green Building Coalition
1031	standards, or a nationally recognized, high-performance green
1032	building rating system as approved by the department. State
1033	agencies are encouraged to consider shared savings financing of
1034	such energy efficiency and conservation projects, using
1035	contracts which split the resulting savings for a specified
1036	period of time between the state agency and the private firm or
1037	cogeneration contracts which otherwise permit the state to lower
1038	its net energy costs. Such energy contracts may be funded from
1039	the operating budget.
1040	(5)  Each state agency occupying space within buildings
1041	owned or managed by the Department of Management Services must
1042	identify and compile a list of projects determined to be
1043	suitable for a guaranteed energy, water, and wastewater
1044	performance savings contract pursuant to s. 489.145. The list of
1045	projects compiled by each state agency shall be submitted to the
1046	Department of Management Services by December 31, 2008, and must
1047	include all criteria used to determine suitability. The list of
1048	projects shall be developed from the list of state-owned
1049	facilities more than 5,000 square feet in area and for which the
1050	state agency is responsible for paying the expenses of utilities
1051	and other operating expenses as they relate to energy use. In
1052	consultation with the head of each state agency, by July 1,
1053	2009, the department shall prioritize all projects deemed
1054	suitable by each state agency and shall develop an energy
1055	efficiency project schedule based on factors such as project
1056	magnitude, efficiency and effectiveness of energy conservation
1057	measures to be implemented, and other factors that may prove to
1058	be advantageous to pursue. The schedule shall provide the
1059	deadline for guaranteed energy, water, and wastewater
1060	performance savings contract improvements to be made to the
1061	state-owned buildings.
1062	Section 16.  Subsections (6) and (7) are added to section
1063	255.253, Florida Statutes, to read:
1064	255.253  Definitions; ss. 255.251-255.258.--
1065	(6)  "Sustainable building" means a building that is
1066	healthy and comfortable for its occupants and is economical to
1067	operate while conserving resources, including energy, water, and
1068	raw materials and land, and minimizing the generation and use of
1069	toxic materials and waste in its design, construction,
1070	landscaping, and operation.
1071	(7)  "Sustainable building rating" means a rating
1072	established by the United States Green Building Council (USGBC)
1073	Leadership in Energy and Environmental Design (LEED) rating
1074	system, the Green Building Initiative's Green Globes rating
1075	system, the Florida Green Building Coalition standards, or a
1076	nationally recognized, high-performance green building rating
1077	system as approved by the department.
1078	Section 17.  Subsection (1) of section 255.254, Florida
1079	Statutes, is amended to read:
1080	255.254  No facility constructed or leased without life-
1081	cycle costs.--
1082	(1)  No state agency shall lease, construct, or have
1083	constructed, within limits prescribed in this section herein, a
1084	facility without having secured from the department an a proper
1085	evaluation of life-cycle costs based on sustainable building
1086	ratings, as computed by an architect or engineer. Furthermore,
1087	construction shall proceed only upon disclosing to the
1088	department, for the facility chosen, the life-cycle costs as
1089	determined in s. 255.255, the facility's sustainable building
1090	rating goal, and the capitalization of the initial construction
1091	costs of the building. The life-cycle costs and the sustainable
1092	building rating goal shall be a primary considerations
1093	consideration in the selection of a building design. Such
1094	analysis shall be required only for construction of buildings
1095	with an area of 5,000 square feet or greater. For leased
1096	buildings more than 5,000 areas of 20,000 square feet in area or
1097	greater within a given building boundary, an energy performance
1098	a life-cycle analysis consisting of a projection of the annual
1099	energy consumption costs in dollars per square foot of major
1100	energy-consuming equipment and systems based on actual expenses
1101	from the last 3 years and projected forward for the term of the
1102	proposed lease shall be performed. The, and a lease shall only
1103	be made where there is a showing that the energy life-cycle
1104	costs incurred by the state are minimal compared to available
1105	like facilities. A lease agreement for any building leased by
1106	the state from a private-sector entity shall include provisions
1107	for monthly energy use data to be collected and submitted
1108	monthly to the department by the owner of the building.
1109	Section 18.  Subsection (1) of section 255.255, Florida
1110	Statutes, is amended to read:
1111	255.255  Life-cycle costs.--
1112	(1)  The department shall adopt promulgate rules and
1113	procedures, including energy conservation performance guidelines
1114	based on sustainable building ratings, for conducting a life-
1115	cycle cost analysis of alternative architectural and engineering
1116	designs and alternative major items of energy-consuming
1117	equipment to be retrofitted in existing state-owned or leased
1118	facilities and for developing energy performance indices to
1119	evaluate the efficiency of energy utilization for competing
1120	designs in the construction of state-financed and leased
1121	facilities.
1122	Section 19.  Section 255.257, Florida Statutes, is amended
1123	to read:
1124	255.257  Energy management; buildings occupied by state
1125	agencies.--
1126	(1)  ENERGY CONSUMPTION AND COST DATA.--Each state agency
1127	shall collect data on energy consumption and cost. The data
1128	gathered shall be on state-owned facilities and metered state-
1129	leased facilities of 5,000 net square feet or more. These data
1130	will be used in the computation of the effectiveness of the
1131	state energy management plan and the effectiveness of the energy
1132	management program of each of the state agencies. Collected data
1133	shall be reported annually to the department in a format
1134	prescribed by the department.
1135	(2)  ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1136	the Florida Public Service Commission, the Department of
1137	Military Affairs, and the judicial branch shall appoint a
1138	coordinator whose responsibility shall be to advise the head of
1139	the state agency on matters relating to energy consumption in
1140	facilities under the control of that head or in space occupied
1141	by the various units comprising that state agency, in vehicles
1142	operated by that state agency, and in other energy-consuming
1143	activities of the state agency. The coordinator shall implement
1144	the energy management program agreed upon by the state agency
1145	concerned and assist the department in the development of the
1146	State Energy Management Plan.
1147	(3)  CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1148	Department of Management Services shall may develop a state
1149	energy management plan consisting of, but not limited to, the
1150	following elements:
1151	(a)  Data-gathering requirements;
1152	(b)  Building energy audit procedures;
1153	(c)  Uniform data analysis procedures;
1154	(d)  Employee energy education program measures;
1155	(e)  Energy consumption reduction techniques;
1156	(f)  Training program for state agency energy management
1157	coordinators; and
1158	(g)  Guidelines for building managers.
1159
1160	The plan shall include a description of actions that state
1161	agencies shall take to reduce consumption of electricity and
1162	nonrenewable energy sources used for space heating and cooling,
1163	ventilation, lighting, water heating, and transportation.
1164	(4)  ADOPTION OF STANDARDS.--
1165	(a)  All state agencies shall adopt the United States Green
1166	Building Council (USGBC) Leadership in Energy and Environmental
1167	Design (LEED) rating system, the Green Building Initiative's
1168	Green Globes rating system, the Florida Green Building Coalition
1169	standards, or a nationally recognized, high-performance green
1170	building rating system as approved by the department for all new
1171	buildings and renovations to existing buildings.
1172	(b)  No state agency shall enter into new leasing
1173	agreements for office space that does not meet Energy Star
1174	building standards, except when determined by the appropriate
1175	state agency head that no other viable or cost-effective
1176	alternative exists.
1177	(c)  All state agencies shall develop energy conservation
1178	measures and guidelines for new and existing office space where
1179	state agencies occupy more than 5,000 square feet. These
1180	conservation measures shall focus on programs that may reduce
1181	energy consumption and, when established, provide a net
1182	reduction in occupancy costs.
1183	Section 20.  (1)  The Legislature declares that there is an
1184	important state interest in promoting the construction of
1185	energy-efficient and sustainable buildings. Government
1186	leadership in promoting these standards is vital to demonstrate
1187	the state's commitment to energy conservation, saving taxpayers
1188	money, and raising public awareness of energy-rating systems.
1189	(2)  All county, municipal, school district, water
1190	management district, state university, community college, and
1191	Florida state court buildings shall be constructed to meet the
1192	United States Green Building Council (USGBC) Leadership in
1193	Energy and Environmental Design (LEED) rating system, the Green
1194	Building Initiative's Green Globes rating system, the Florida
1195	Green Building Coalition standards, or a nationally recognized,
1196	high-performance green building rating system as approved by the
1197	Department of Management Services. This section shall apply to
1198	all county, municipal, school district, water management
1199	district, state university, community college, and Florida state
1200	court buildings the architectural plans of which are commenced
1201	after July 1, 2008.
1202	Section 21.  Section 286.29, Florida Statutes, is created
1203	to read:
1204	286.29  Climate-friendly public business.--The Legislature
1205	recognizes the importance of leadership by state government in
1206	the area of energy efficiency and in reducing the greenhouse gas
1207	emissions of state government operations. The following shall
1208	pertain to all state agencies when conducting public business:
1209	(1)  The Department of Management Services shall develop
1210	the "Florida Climate-Friendly Preferred Products List." In
1211	maintaining that list, the department, in consultation with the
1212	Department of Environmental Protection, shall continually assess
1213	products currently available for purchase under state term
1214	contracts to identify specific products and vendors that offer
1215	clear energy efficiency or other environmental benefits over
1216	competing products. When procuring products from state term
1217	contracts, state agencies shall first consult the Florida
1218	Climate-Friendly Preferred Products List and procure such
1219	products if the price is comparable.
1220	(2)  Effective July 1, 2008, state agencies shall contract
1221	for meeting and conference space only with hotels or conference
1222	facilities that have received the "Green Lodging" designation
1223	from the Department of Environmental Protection for best
1224	practices in water, energy, and waste efficiency standards,
1225	unless the responsible state agency head makes a determination
1226	that no other viable alternative exists. The Department of
1227	Environmental Protection is authorized to adopt rules to
1228	implement the "Green Lodging" program.
1229	(3)  Each state agency shall ensure that all maintained
1230	vehicles meet minimum maintenance schedules shown to reduce fuel
1231	consumption, which include: ensuring appropriate tire pressures
1232	and tread depth; replacing fuel filters and emission filters at
1233	recommended intervals; using proper motor oils; and performing
1234	timely motor maintenance. Each state agency shall measure and
1235	report compliance to the Department of Management Services
1236	through the Equipment Management Information System database.
1237	(4)  When procuring new vehicles, all state agencies, state
1238	universities, community colleges, and local governments that
1239	purchase vehicles under a state purchasing plan shall first
1240	define the intended purpose for the vehicle and determine which
1241	of the following use classes for which the vehicle is being
1242	procured:
1243	(a)  State business travel, designated operator;
1244	(b)  State business travel, pool operators;
1245	(c)  Construction, agricultural, or maintenance work;
1246	(d)  Conveyance of passengers;
1247	(e)  Conveyance of building or maintenance materials and
1248	supplies;
1249	(f)  Off-road vehicle, motorcycle, or all-terrain vehicle;
1250	(g)  Emergency response; or
1251	(h)  Other.
1252
1253	Vehicles described in paragraphs (a) through (h), when being
1254	processed for purchase or leasing agreements, must be selected
1255	for the greatest fuel efficiency available for a given use class
1256	when fuel economy data are available. Exceptions may be made for
1257	individual vehicles in paragraph (g) when accompanied, during
1258	the procurement process, by documentation indicating that the
1259	operator or operators will exclusively be emergency first
1260	responders or have special documented need for exceptional
1261	vehicle performance characteristics. Any request for an
1262	exception must be approved by the purchasing agency head and any
1263	exceptional performance characteristics denoted as a part of the
1264	procurement process prior to purchase.
1265	(5)  All state agencies shall use ethanol and biodiesel
1266	blended fuels when available. State agencies administering
1267	central fueling operations for state-owned vehicles shall
1268	procure biofuels for fleet needs to the greatest extent
1269	practicable.
1270	Section 22.  Paragraph (b) of subsection (2) and subsection
1271	(5) of section 287.063, Florida Statutes, are amended to read:
1272	287.063  Deferred-payment commodity contracts; preaudit
1273	review.--
1274	(2)
1275	(b)  The Chief Financial Officer shall establish, by rule,
1276	criteria for approving purchases made under deferred-payment
1277	contracts which require the payment of interest. Criteria shall
1278	include, but not be limited to, the following provisions:
1279	1.  No contract shall be approved in which interest exceeds
1280	the statutory ceiling contained in this section. However, the
1281	interest component of any master equipment financing agreement
1282	entered into for the purpose of consolidated financing of a
1283	deferred-payment, installment sale, or lease-purchase shall be
1284	deemed to comply with the interest rate limitation of this
1285	section so long as the interest component of every interagency
1286	agreement under such master equipment financing agreement
1287	complies with the interest rate limitation of this section.
1288	2.  No deferred-payment purchase for less than $30,000
1289	shall be approved, unless it can be satisfactorily demonstrated
1290	and documented to the Chief Financial Officer that failure to
1291	make such deferred-payment purchase would adversely affect an
1292	agency in the performance of its duties. However, the Chief
1293	Financial Officer may approve any deferred-payment purchase if
1294	the Chief Financial Officer determines that such purchase is
1295	economically beneficial to the state.
1296	3.  No agency shall obligate an annualized amount of
1297	payments for deferred-payment purchases in excess of current
1298	operating capital outlay appropriations, unless specifically
1299	authorized by law or unless it can be satisfactorily
1300	demonstrated and documented to the Chief Financial Officer that
1301	failure to make such deferred-payment purchase would adversely
1302	affect an agency in the performance of its duties.
1303	3.4.  No contract shall be approved which extends payment
1304	beyond 5 years, unless it can be satisfactorily demonstrated and
1305	documented to the Chief Financial Officer that failure to make
1306	such deferred-payment purchase would adversely affect an agency
1307	in the performance of its duties. The payment term may not
1308	exceed the useful life of the equipment unless the contract
1309	provides for the replacement or the extension of the useful life
1310	of the equipment during the term of the loan.
1311	(5)  For purposes of this section, the annualized amount of
1312	any such deferred payment commodity contract must be supported
1313	from available recurring funds appropriated to the agency in an
1314	appropriation category, other than the expense appropriation
1315	category as defined in chapter 216, that the Chief Financial
1316	Officer has determined is appropriate or that the Legislature
1317	has designated for payment of the obligation incurred under this
1318	section.
1319	Section 23.  Subsections (10) and (11) of section 287.064,
1320	Florida Statutes, are amended to read:
1321	287.064  Consolidated financing of deferred-payment
1322	purchases.--
1323	(10)(a)  A master equipment financing agreement may finance
1324	Costs incurred pursuant to a guaranteed energy performance
1325	savings contract, including the cost of energy, water, or
1326	wastewater efficiency and conservation measures, each as defined
1327	in s. 489.145, excluding may be financed pursuant to a master
1328	equipment financing agreement; however, the costs of training,
1329	operation, and maintenance, for a term of repayment that may not
1330	be financed. The period of time for repayment of the funds drawn
1331	pursuant to the master equipment financing agreement under this
1332	subsection may exceed 5 years but may not exceed 20 10 years.
1333	(b)  The guaranteed energy, water, and wastewater savings
1334	contractor shall provide for the replacement or the extension of
1335	the useful life of the equipment during the term of the
1336	contract.
1337	(11)  For purposes of consolidated financing of deferred
1338	payment commodity contracts under this section by a state
1339	agency, the annualized amount of any such contract must be
1340	supported from available recurring funds appropriated to the
1341	agency in an appropriation category, other than the expense
1342	appropriation category as defined in chapter 216, which that the
1343	Chief Financial Officer has determined is appropriate or which
1344	that the Legislature has designated for payment of the
1345	obligation incurred under this section.
1346	Section 24.  Section 316.0741, Florida Statutes, is amended
1347	to read:
1348	316.0741  High-occupancy-vehicle High occupancy vehicle
1349	lanes.--
1350	(1)  As used in this section, the term:
1351	(a)  "High-occupancy-vehicle "High occupancy vehicle lane"
1352	or "HOV lane" means a lane of a public roadway designated for
1353	use by vehicles in which there is more than one occupant unless
1354	otherwise authorized by federal law.
1355	(b)  "Hybrid vehicle" means a motor vehicle that:
1356	1.  Draws propulsion energy from an onboard source of
1357	stored energy comprised of both an internal combustion or heat
1358	engine using combustible fuel and a rechargeable energy-storage
1359	system; and
1360	2.  In the case of a passenger automobile or light truck,
1361	has received a certificate of conformity under the Clean Air
1362	Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1363	equivalent qualifying California standards for a low-emission
1364	vehicle.
1365	(2)  The number of persons who that must be in a vehicle to
1366	qualify for legal use of the HOV lane and the hours during which
1367	the lane will serve as an HOV lane, if it is not designated as
1368	such on a full-time basis, must also be indicated on a traffic
1369	control device.
1370	(3)  Except as provided in subsection (4), a vehicle may
1371	not be driven in an HOV lane if the vehicle is occupied by fewer
1372	than the number of occupants indicated by a traffic control
1373	device. A driver who violates this section shall be cited for a
1374	moving violation, punishable as provided in chapter 318.
1375	(4)(a)  Notwithstanding any other provision of this
1376	section, an inherently low-emission vehicle (ILEV) that is
1377	certified and labeled in accordance with federal regulations may
1378	be driven in an HOV lane at any time, regardless of its
1379	occupancy. In addition, upon the state's receipt of written
1380	notice from the proper federal regulatory agency authorizing
1381	such use, a vehicle defined as a hybrid vehicle under this
1382	section may be driven in an HOV lane at any time, regardless of
1383	its occupancy.
1384	(b)  All eligible hybrid and other low-emission and energy-
1385	efficient vehicles driven in an HOV lane must comply with the
1386	minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1387	(c)  Upon its effective date, the eligibility of hybrid and
1388	other low-emission and energy-efficient vehicles for operation
1389	in an HOV lane regardless of occupancy shall be determined in
1390	accordance with the applicable final rule issued by the United
1391	States Environmental Protection Agency pursuant to 23 U.S.C. s.
1392	166(e).
1393	(5)  The department shall issue a decal and registration
1394	certificate, to be renewed annually, reflecting the HOV lane
1395	designation on such vehicles meeting the criteria in subsection
1396	(4) authorizing driving in an HOV lane at any time such use. The
1397	department may charge a fee for a decal, not to exceed the costs
1398	of designing, producing, and distributing each decal, or $5,
1399	whichever is less. The proceeds from sale of the decals shall be
1400	deposited in the Highway Safety Operating Trust Fund. The
1401	department may, for reasons of operation and management of HOV
1402	facilities, limit or discontinue issuance of decals for the use
1403	of HOV facilities by hybrid and low-emission and energy-
1404	efficient vehicles regardless of occupancy if it has been
1405	determined by the Department of Transportation that the
1406	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1407	(6)  Vehicles having decals by virtue of compliance with
1408	the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1409	and that are registered for use in high-occupancy-vehicle toll
1410	lanes or express lanes in accordance with Department of
1411	Transportation rule shall be allowed to use any HOV lane
1412	redesignated as a high-occupancy-vehicle toll lane without
1413	requiring payment of the toll.
1414	(5)  As used in this section, the term "hybrid vehicle"
1415	means a motor vehicle:
1416	(a)  That draws propulsion energy from onboard sources of
1417	stored energy which are both:
1418	1.  An internal combustion or heat engine using combustible
1419	fuel; and
1420	2.  A rechargeable energy storage system; and
1421	(b)  That, in the case of a passenger automobile or light
1422	truck:
1423	1.  Has received a certificate of conformity under the
1424	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
1425	2.  Meets or exceeds the equivalent qualifying California
1426	standards for a low-emission vehicle.
1427	(7)(6)  The department may adopt rules necessary to
1428	administer this section.
1429	Section 25.  Subsection (1) of section 337.401, Florida
1430	Statutes, is amended to read:
1431	337.401  Use of right-of-way for utilities subject to
1432	regulation; permit; fees.--
1433	(1)  The department and local governmental entities,
1434	referred to in ss. 337.401-337.404 as the "authority," that have
1435	jurisdiction and control of public roads or publicly owned rail
1436	corridors are authorized to prescribe and enforce reasonable
1437	rules or regulations with reference to the placing and
1438	maintaining along, across, or on any road or publicly owned rail
1439	corridors under their respective jurisdictions any electric
1440	transmission, telephone, telegraph, or other communications
1441	services lines; pole lines; poles; railways; ditches; sewers;
1442	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1443	pumps; or other structures hereinafter referred to in this
1444	section as the "utility." For aerial and underground electric
1445	transmission lines designed to operate at 69 or more kilovolts
1446	that are needed to accommodate the additional electrical
1447	transfer capacity on the transmission grid resulting from new
1448	base-load generating facilities, where there is no other
1449	practicable alternative available for placement of the electric
1450	transmission lines on the department's rights-of-way, the
1451	department's rules shall provide for placement of and access to
1452	such transmission lines within the right-of-way of any
1453	department-controlled public road, including longitudinally
1454	within limited access facilities to the greatest extent allowed
1455	by federal law, if compliance with the standards established by
1456	such rules is achieved. Such rules may include, but need not be
1457	limited to, presentation of competent and substantial evidence
1458	that the use of the right-of-way is reasonable based upon a
1459	consideration of economic and environmental factors, including,
1460	without limitation, other utility corridors and easements and
1461	minimum clear zones and other safety standards, if such
1462	improvements do not interfere with operational requirements of
1463	the transportation facility or planned or potential future
1464	expansion of such transportation facility. If the department
1465	approves longitudinal placement of electric transmission lines
1466	in limited access facilities, compensation for the use of the
1467	right-of-way is required. Such consideration or compensation
1468	paid by the electric utility in connection with the department's
1469	issuance of a permit does not create any property right in the
1470	department's property regardless of the amount of consideration
1471	paid or the improvements constructed on the property by the
1472	utility. Upon notice by the department that the property is
1473	needed for expansion or improvement of the transportation
1474	facility, the electric transmission line shall be relocated from
1475	the facility at the electric utility's sole expense. Such
1476	relocation shall occur under a schedule mutually agreed upon by
1477	the department and the electric utility, taking into
1478	consideration the maintenance of overall grid reliability and
1479	minimizing the relocation costs to the electric utility's
1480	customers. If the utility fails to meet the agreed-upon schedule
1481	for relocation, the utility shall be responsible for reasonable
1482	direct delay damages due to the sole negligence of the electric
1483	utility as determined by a court of competent jurisdiction. As
1484	used in this subsection, the term "base-load generating
1485	facilities" means electrical power plants that are certified
1486	under part II of chapter 403. The department may enter into a
1487	permit-delegation agreement with a governmental entity if
1488	issuance of a permit is based on requirements that the
1489	department finds will ensure the safety and integrity of
1490	facilities of the Department of Transportation; however, the
1491	permit-delegation agreement does not apply to facilities of
1492	electric utilities as defined in s. 366.02(2).
1493	Section 26.  Subsections (1) and (7) of section 339.175,
1494	Florida Statutes, are amended to read:
1495	339.175  Metropolitan planning organization.--
1496	(1)  PURPOSE.--It is the intent of the Legislature to
1497	encourage and promote the safe and efficient management,
1498	operation, and development of surface transportation systems
1499	that will serve the mobility needs of people and freight and
1500	foster economic growth and development within and through
1501	urbanized areas of this state while minimizing transportation-
1502	related fuel consumption, and air pollution, and greenhouse gas
1503	emissions through metropolitan transportation planning processes
1504	identified in this section. To accomplish these objectives,
1505	metropolitan planning organizations, referred to in this section
1506	as M.P.O.'s, shall develop, in cooperation with the state and
1507	public transit operators, transportation plans and programs for
1508	metropolitan areas. The plans and programs for each metropolitan
1509	area must provide for the development and integrated management
1510	and operation of transportation systems and facilities,
1511	including pedestrian walkways and bicycle transportation
1512	facilities that will function as an intermodal transportation
1513	system for the metropolitan area, based upon the prevailing
1514	principles provided in s. 334.046(1). The process for developing
1515	such plans and programs shall provide for consideration of all
1516	modes of transportation and shall be continuing, cooperative,
1517	and comprehensive, to the degree appropriate, based on the
1518	complexity of the transportation problems to be addressed. To
1519	ensure that the process is integrated with the statewide
1520	planning process, M.P.O.'s shall develop plans and programs that
1521	identify transportation facilities that should function as an
1522	integrated metropolitan transportation system, giving emphasis
1523	to facilities that serve important national, state, and regional
1524	transportation functions. For the purposes of this section,
1525	those facilities include the facilities on the Strategic
1526	Intermodal System designated under s. 339.63 and facilities for
1527	which projects have been identified pursuant to s. 339.2819(4).
1528	(7)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1529	develop a long-range transportation plan that addresses at least
1530	a 20-year planning horizon. The plan must include both long-
1531	range and short-range strategies and must comply with all other
1532	state and federal requirements. The prevailing principles to be
1533	considered in the long-range transportation plan are: preserving
1534	the existing transportation infrastructure; enhancing Florida's
1535	economic competitiveness; and improving travel choices to ensure
1536	mobility. The long-range transportation plan must be consistent,
1537	to the maximum extent feasible, with future land use elements
1538	and the goals, objectives, and policies of the approved local
1539	government comprehensive plans of the units of local government
1540	located within the jurisdiction of the M.P.O. Each M.P.O. is
1541	encouraged to consider strategies that integrate transportation
1542	and land use planning to provide for sustainable development and
1543	reduce greenhouse gas emissions. The approved long-range
1544	transportation plan must be considered by local governments in
1545	the development of the transportation elements in local
1546	government comprehensive plans and any amendments thereto. The
1547	long-range transportation plan must, at a minimum:
1548	(a)  Identify transportation facilities, including, but not
1549	limited to, major roadways, airports, seaports, spaceports,
1550	commuter rail systems, transit systems, and intermodal or
1551	multimodal terminals that will function as an integrated
1552	metropolitan transportation system. The long-range
1553	transportation plan must give emphasis to those transportation
1554	facilities that serve national, statewide, or regional
1555	functions, and must consider the goals and objectives identified
1556	in the Florida Transportation Plan as provided in s. 339.155. If
1557	a project is located within the boundaries of more than one
1558	M.P.O., the M.P.O.'s must coordinate plans regarding the project
1559	in the long-range transportation plan.
1560	(b)  Include a financial plan that demonstrates how the
1561	plan can be implemented, indicating resources from public and
1562	private sources which are reasonably expected to be available to
1563	carry out the plan, and recommends any additional financing
1564	strategies for needed projects and programs. The financial plan
1565	may include, for illustrative purposes, additional projects that
1566	would be included in the adopted long-range transportation plan
1567	if reasonable additional resources beyond those identified in
1568	the financial plan were available. For the purpose of developing
1569	the long-range transportation plan, the M.P.O. and the
1570	department shall cooperatively develop estimates of funds that
1571	will be available to support the plan implementation. Innovative
1572	financing techniques may be used to fund needed projects and
1573	programs. Such techniques may include the assessment of tolls,
1574	the use of value capture financing, or the use of value pricing.
1575	(c)  Assess capital investment and other measures necessary
1576	to:
1577	1.  Ensure the preservation of the existing metropolitan
1578	transportation system including requirements for the operation,
1579	resurfacing, restoration, and rehabilitation of major roadways
1580	and requirements for the operation, maintenance, modernization,
1581	and rehabilitation of public transportation facilities; and
1582	2.  Make the most efficient use of existing transportation
1583	facilities to relieve vehicular congestion and maximize the
1584	mobility of people and goods.
1585	(d)  Indicate, as appropriate, proposed transportation
1586	enhancement activities, including, but not limited to,
1587	pedestrian and bicycle facilities, scenic easements,
1588	landscaping, historic preservation, mitigation of water
1589	pollution due to highway runoff, and control of outdoor
1590	advertising.
1591	(e)  In addition to the requirements of paragraphs (a)-(d),
1592	in metropolitan areas that are classified as nonattainment areas
1593	for ozone or carbon monoxide, the M.P.O. must coordinate the
1594	development of the long-range transportation plan with the State
1595	Implementation Plan developed pursuant to the requirements of
1596	the federal Clean Air Act.
1597
1598	In the development of its long-range transportation plan, each
1599	M.P.O. must provide the public, affected public agencies,
1600	representatives of transportation agency employees, freight
1601	shippers, providers of freight transportation services, private
1602	providers of transportation, representatives of users of public
1603	transit, and other interested parties with a reasonable
1604	opportunity to comment on the long-range transportation plan.
1605	The long-range transportation plan must be approved by the
1606	M.P.O.
1607	Section 27.  Subsections (2) and (4) of section 350.01,
1608	Florida Statutes, are amended to read:
1609	350.01  Florida Public Service Commission; terms of
1610	commissioners; vacancies; election and duties of chair; quorum;
1611	proceedings.--
1612	(2)(a)  Each commissioner serving on July 1, 1978, shall be
1613	permitted to remain in office until the completion of his or her
1614	current term. Upon the expiration of the term, a successor shall
1615	be appointed in the manner prescribed by s. 350.031(4), (5), and
1616	(6), and (7) for a 4-year term, except that the terms of the
1617	initial members appointed under this act shall be as follows:
1618	1.  The vacancy created by the present term ending in
1619	January, 1981, shall be filled by appointment for a 4-year term
1620	and for 4-year terms thereafter; and
1621	2.  The vacancies created by the two present terms ending
1622	in January, 1979, shall be filled by appointment for a 3-year
1623	term and for 4-year terms thereafter.
1624	(b)  Two additional commissioners shall be appointed in the
1625	manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-
1626	year terms beginning the first Tuesday after the first Monday in
1627	January, 1979, and successors shall be appointed for 4-year
1628	terms thereafter with each term beginning on January 2 of the
1629	year the term commences and ending 4 years later on January 1.
1630	(c)  Vacancies on the commission shall be filled for the
1631	unexpired portion of the term in the same manner as original
1632	appointments to the commission.
1633	(4)  One member of the commission shall be elected by
1634	majority vote to serve as chair for a term of 2 years, beginning
1635	on January 2 of the first year of the term with the first
1636	Tuesday after the first Monday in January 1979. A member may not
1637	serve two consecutive terms as chair.
1638	Section 28.  Section 350.012, Florida Statutes, is amended
1639	to read:
1640	350.012  Committee on Public Counsel Service Commission
1641	Oversight; creation; membership; powers and duties.--
1642	(1)  There is created a standing joint committee of the
1643	Legislature, designated the Committee on Public Counsel Service
1644	Commission Oversight, and composed of 12 members appointed as
1645	follows: six members of the Senate appointed by the President of
1646	the Senate, two of whom must be members of the minority party;
1647	and six members of the House of Representatives appointed by the
1648	Speaker of the House of Representatives, two of whom must be
1649	members of the minority party. The terms of members shall be for
1650	2 years and shall run from the organization of one Legislature
1651	to the organization of the next Legislature. The President shall
1652	appoint the chair of the committee in even-numbered years and
1653	the vice chair in odd-numbered years, and the Speaker of the
1654	House of Representatives shall appoint the chair of the
1655	committee in odd-numbered years and the vice chair in even-
1656	numbered years, from among the committee membership. Vacancies
1657	shall be filled in the same manner as the original appointment.
1658	Members shall serve without additional compensation, but shall
1659	be reimbursed for expenses.
1660	(2)  The committee shall:
1661	(a)  Recommend to the Governor nominees to fill a vacancy
1662	on the Public Service Commission, as provided by general law;
1663	and
1664	(b)  appoint a Public Counsel as provided by general law.
1665	(3)  The committee is authorized to file a complaint with
1666	the Commission on Ethics alleging a violation of this chapter by
1667	a commissioner, former commissioner, former commission employee,
1668	or member of the Public Service Commission Nominating Council.
1669	(3)(4)  The committee will not have a permanent staff, but
1670	the President of the Senate and the Speaker of the House of
1671	Representatives shall select staff members from among existing
1672	legislative staff, when and as needed.
1673	Section 29.  Section 350.03, Florida Statutes, is amended
1674	to read:
1675	350.03  Power of Governor to remove and to fill
1676	vacancies.--The Governor shall have the same power to remove,
1677	suspend, or appoint to fill vacancies in the office of
1678	commissioners as in other offices, as set forth in s. 7, Art. IV
1679	of the State Constitution.
1680	Section 30.  Subsections (1) and (4) through (8) of section
1681	350.031, Florida Statutes, are amended to read:
1682	350.031  Florida Public Service Commission Nominating
1683	Council.--
1684	(1)  There is created a Florida Public Service Commission
1685	Nominating Council consisting of 12 nine members. At least one
1686	member of the council must be 60 years of age or older. Six
1687	Three members, including three members one member of the House
1688	of Representatives, one of whom shall be a member of the
1689	minority party, shall be appointed by and serve at the pleasure
1690	of the Speaker of the House of Representatives. Six;three
1691	members, including three members one member of the Senate, one
1692	of whom shall be a member of the minority party, shall be
1693	appointed by and serve at the pleasure of the President of the
1694	Senate; and three members shall be selected and appointed by a
1695	majority vote of the other six members of the council. All terms
1696	shall be for 4 years except those members of the House and
1697	Senate, who shall serve 2-year terms concurrent with the 2-year
1698	elected terms of House members. The President of the Senate
1699	shall appoint the chair of the council in even-numbered years
1700	and the vice chair in odd-numbered years, and the Speaker of the
1701	House of Representatives shall appoint the chair of the council
1702	in odd-numbered years and the vice chair in even-numbered years,
1703	from among the council membership. Vacancies on the council
1704	shall be filled for the unexpired portion of the term in the
1705	same manner as original appointments to the council. A member
1706	may not be reappointed to the council, except for a member of
1707	the House of Representatives or the Senate who may be appointed
1708	to two 2-year terms or a person who is appointed to fill the
1709	remaining portion of an unexpired term.
1710	(4)  The council may spend a nominal amount, not to exceed
1711	$10,000, to advertise a vacancy on the council, which shall be
1712	funded by the Florida Public Service Regulatory Trust Fund.
1713	(4)(5)  A person may not be nominated to the Governor for
1714	appointment to the Committee on Public Service Commission
1715	Oversight until the council has determined that the person is
1716	competent and knowledgeable in one or more fields, which shall
1717	include, but not be limited to: public affairs, law, economics,
1718	accounting, engineering, finance, natural resource conservation,
1719	energy, or another field substantially related to the duties and
1720	functions of the commission. The commission shall fairly
1721	represent the above-stated fields. Recommendations of the
1722	council shall be nonpartisan.
1723	(5)(6)  It is the responsibility of the council to nominate
1724	to the Governor no fewer than three Committee on Public Service
1725	Commission Oversight six persons for each vacancy occurring on
1726	the Public Service Commission. The council shall submit the
1727	recommendations to the Governor by September 15 committee by
1728	August 1 of those years in which the terms are to begin the
1729	following January, or within 60 days after a vacancy occurs for
1730	any reason other than the expiration of the term.
1731	(6)(7)  The Committee on Public Service Commission
1732	Oversight shall select from the list of nominees provided by the
1733	nominating council three nominees for recommendation to the
1734	Governor for appointment to the commission. The recommendations
1735	must be provided to the Governor within 45 days after receipt of
1736	the list of nominees. The Governor shall fill a vacancy
1737	occurring on the Public Service Commission by appointment of one
1738	of the applicants nominated by the council committee only after
1739	a background investigation of such applicant has been conducted
1740	by the Florida Department of Law Enforcement. If the Governor
1741	has not made an appointment within 30 consecutive calendar days
1742	after the receipt of the recommendation, the council committee,
1743	by majority vote, shall appoint, within 30 days after the
1744	expiration of the Governor's time to make an appointment, one
1745	person from the applicants previously nominated to the Governor
1746	to fill the vacancy. After an appointment has been made pursuant
1747	to this subsection, a successor governor may remove an appointee
1748	only as provided in s. 350.03.
1749	(7)(8)  Each appointment to the Public Service Commission
1750	shall be subject to confirmation by the Senate during the next
1751	regular session after the vacancy occurs. If the Senate refuses
1752	to confirm or fails to consider rejects the Governor's
1753	appointment, the council shall initiate, in accordance with this
1754	section, the nominating process within 30 days.
1755	Section 31.  Subsection (1) of section 350.061, Florida
1756	Statutes, is amended to read:
1757	350.061  Public Counsel; appointment; oath; restrictions on
1758	Public Counsel and his or her employees.--
1759	(1)  The Committee on Public Counsel Service Commission
1760	Oversight shall appoint a Public Counsel by majority vote of the
1761	members of the committee to represent the general public of
1762	Florida before the Florida Public Service Commission. The Public
1763	Counsel shall be an attorney admitted to practice before the
1764	Florida Supreme Court and shall serve at the pleasure of the
1765	Committee on Public Counsel Service Commission Oversight,
1766	subject to biennial reconfirmation by the committee. The Public
1767	Counsel shall perform his or her duties independently. Vacancies
1768	in the office shall be filled in the same manner as the original
1769	appointment.
1770	Section 32.  Subsection (2) of section 350.0614, Florida
1771	Statutes, is amended to read:
1772	350.0614  Public Counsel; compensation and expenses.--
1773	(2)  The Legislature declares and determines that the
1774	Public Counsel is under the legislative branch of government
1775	within the intention of the legislation as expressed in chapter
1776	216, and no power shall be in the Executive Office of the
1777	Governor or its successor to release or withhold funds
1778	appropriated to it, but the same shall be available for
1779	expenditure as provided by law and the rules or decisions of the
1780	Committee on Public Counsel Service Commission Oversight.
1781	Section 33.  Subsection (7) is added to section 366.04,
1782	Florida Statutes, to read:
1783	366.04  Jurisdiction of commission.--
1784	(7)(a)  As used in this subsection, the term "affected
1785	municipal electric utility" means a municipality that operates
1786	an electric utility that:
1787	1.  Serves two cities in the same county;
1788	2.  Is located in a noncharter county;
1789	3.  Has between 30,000 and 35,000 retail electric customers
1790	as of September 30, 2007; and
1791	4.  Does not have a service territory that extends beyond
1792	its home county as of September 30, 2007.
1793	(b)  Each affected municipal electric utility shall conduct
1794	a referendum election of all of its retail electric customers,
1795	with each named retail electric customer having one vote,
1796	concurrent with the next regularly scheduled general election
1797	following the effective date of this act.
1798	(c)  The ballot for the referendum election required under
1799	paragraph (b) shall contain the following question: "Should a
1800	separate electric utility authority be created to operate the
1801	business of the electric utility in the affected municipal
1802	electric utility?" The statement shall be followed by the word
1803	"yes" and the word "no."
1804	(d)  The provisions of the Election Code relating to notice
1805	and conduct of the election shall be followed to the extent
1806	practicable. Costs of the referendum election shall be borne by
1807	the affected municipal electric utility.
1808	(e)  If a majority of the affected municipal electric
1809	utility's retail electric customers vote in favor of creating a
1810	separate electric utility authority, the affected municipal
1811	electric utility shall transfer operations of its electric
1812	utility business to a duly-created authority on or before July
1813	1, 2009. An electric utility authority created pursuant to this
1814	subsection shall consist of a governing body with a membership
1815	that is proportionally representative of the number of county
1816	and city ratepayers and shall have jurisdiction over electric,
1817	water, and sewer utilities.
1818	Section 34.  Section 366.81, Florida Statutes, is amended
1819	to read:
1820	366.81  Legislative findings and intent.--The Legislature
1821	finds and declares that it is critical to utilize the most
1822	efficient and cost-effective demand-side renewable energy
1823	systems and conservation systems in order to protect the health,
1824	prosperity, and general welfare of the state and its citizens.
1825	Reduction in, and control of, the growth rates of electric
1826	consumption and of weather-sensitive peak demand are of
1827	particular importance. The Legislature further finds that the
1828	Florida Public Service Commission is the appropriate agency to
1829	adopt goals and approve plans related to the promotion of
1830	demand-side renewable energy systems and the conservation of
1831	electric energy and natural gas usage. The Legislature directs
1832	the commission to develop and adopt overall goals and authorizes
1833	the commission to require each utility to develop plans and
1834	implement programs for increasing energy efficiency and
1835	conservation and demand-side renewable energy systems within its
1836	service area, subject to the approval of the commission. Since
1837	solutions to our energy problems are complex, the Legislature
1838	intends that the use of solar energy, renewable energy sources,
1839	highly efficient systems, cogeneration, and load-control systems
1840	be encouraged. Accordingly, in exercising its jurisdiction, the
1841	commission shall not approve any rate or rate structure which
1842	discriminates against any class of customers on account of the
1843	use of such facilities, systems, or devices. This expression of
1844	legislative intent shall not be construed to preclude
1845	experimental rates, rate structures, or programs. The
1846	Legislature further finds and declares that ss. 366.80-366.85
1847	and 403.519 are to be liberally construed in order to meet the
1848	complex problems of reducing and controlling the growth rates of
1849	electric consumption and reducing the growth rates of weather-
1850	sensitive peak demand; increasing the overall efficiency and
1851	cost-effectiveness of electricity and natural gas production and
1852	use; encouraging further development of demand-side renewable
1853	energy systems cogeneration facilities; and conserving expensive
1854	resources, particularly petroleum fuels.
1855	Section 35.  Section 366.82, Florida Statutes, is amended
1856	to read:
1857	366.82  Definition; goals; plans; programs; annual reports;
1858	energy audits.--
1859	(1)  For the purposes of ss. 366.80-366.85 and 403.519:,
1860	(a)  "Utility" means any person or entity of whatever form
1861	which provides electricity or natural gas at retail to the
1862	public, specifically including municipalities or
1863	instrumentalities thereof and cooperatives organized under the
1864	Rural Electric Cooperative Law and specifically excluding any
1865	municipality or instrumentality thereof, any cooperative
1866	organized under the Rural Electric Cooperative Law, or any other
1867	person or entity providing natural gas at retail to the public
1868	whose annual sales volume is less than 100 million therms or any
1869	municipality or instrumentality thereof and any cooperative
1870	organized under the Rural Electric Cooperative Law providing
1871	electricity at retail to the public whose annual sales as of
1872	July 1, 1993, to end-use customers is less than 2,000 gigawatt
1873	hours.
1874	(b)  "Demand-side renewable energy" means a thermal or
1875	electric energy produced and consumed at a customer's premises.
1876	(2)  The commission shall adopt appropriate goals for
1877	increasing the efficiency of energy consumption and increasing
1878	the development of demand-side renewable energy systems
1879	cogeneration, specifically including goals designed to increase
1880	the conservation of expensive resources, such as petroleum
1881	fuels, to reduce and control the growth rates of electric
1882	consumption, and to reduce the growth rates of weather-sensitive
1883	peak demand, and to encourage development of demand-side
1884	renewable energy resources. The commission may allow efficiency
1885	investments across generation, transmission, and distribution as
1886	well as efficiencies within the user base. The Executive Office
1887	of the Governor shall be a party in the proceedings to adopt
1888	goals. The commission may change the goals for reasonable cause.
1889	The time period to review the goals, however, shall not exceed 5
1890	years. After the programs and plans to meet those goals are
1891	completed, the commission shall determine what further goals,
1892	programs, or plans are warranted and, if so, shall adopt them.
1893	(3)  In developing the goals, the commission shall evaluate
1894	the full technical potential of all available demand-side and
1895	supply-side conservation and efficiency measures, including
1896	demand-side renewable energy systems. In establishing the goals,
1897	the commission shall take into consideration:
1898	(a)  The costs and benefits to customers participating in
1899	the measure.
1900	(b)  The costs and benefits to the general body of
1901	ratepayers as a whole, including utility incentives and
1902	participant contributions.
1903	(c)  The need for incentives to promote both customer-owned
1904	and utility-owned energy efficiency and demand-side renewable
1905	energy systems.
1906	(d)  The costs imposed by state and federal regulations on
1907	the emission of greenhouse gases.
1908	(4)  Subject to specific appropriation, the commission may
1909	expend up to $250,000 from the Florida Public Service Regulatory
1910	Trust Fund to obtain needed technical consulting assistance.
1911	(5)  The Florida Energy and Climate Commission shall be a
1912	party in the proceedings to adopt goals and shall file with the
1913	commission comments on the proposed goals, including, but not
1914	limited to:
1915	(a)  An evaluation of utility load forecasts, including an
1916	assessment of alternative supply-side and demand-side resource
1917	options.
1918	(b)  An analysis of various policy options that can be
1919	implemented to achieve a least-cost strategy, including
1920	nonutility programs targeted at reducing and controlling the per
1921	capita use of electricity in the state.
1922	(c)  An analysis of the impact of state and local building
1923	codes and appliance efficiency standards on the need for
1924	utility-sponsored conservation and energy efficiency measures
1925	and programs.
1926	(6)  The commission may change the goals for reasonable
1927	cause. The time period to review the goals, however, shall not
1928	exceed 5 years. After the programs and plans to meet those goals
1929	are completed, the commission shall determine what further
1930	goals, programs, or plans are warranted and adopt them.
1931	(7)(3)  Following adoption of goals pursuant to subsections
1932	subsection (2) and (3), the commission shall require each
1933	utility to develop plans and programs to meet the overall goals
1934	within its service area. The commission may require
1935	modifications or additions to a utility's plans and programs at
1936	any time it is in the public interest consistent with this act.
1937	In approving plans and programs for cost recovery, the
1938	commission shall have the flexibility to modify or deny plans or
1939	programs that would have an undue impact on the costs passed on
1940	to customers. If any plan or program includes loans, collection
1941	of loans, or similar banking functions by a utility and the plan
1942	is approved by the commission, the utility shall perform such
1943	functions, notwithstanding any other provision of the law. The
1944	commission may pledge up to $5 million of the Florida Public
1945	Service Regulatory Trust Fund to guarantee such loans. However,
1946	no utility shall be required to loan its funds for the purpose
1947	of purchasing or otherwise acquiring conservation measures or
1948	devices, but nothing herein shall prohibit or impair the
1949	administration or implementation of a utility plan as submitted
1950	by a utility and approved by the commission under this
1951	subsection. If the commission disapproves a plan, it shall
1952	specify the reasons for disapproval, and the utility whose plan
1953	is disapproved shall resubmit its modified plan within 30 days.
1954	Prior approval by the commission shall be required to modify or
1955	discontinue a plan, or part thereof, which has been approved. If
1956	any utility has not implemented its programs and is not
1957	substantially in compliance with the provisions of its approved
1958	plan at any time, the commission shall adopt programs required
1959	for that utility to achieve the overall goals. Utility programs
1960	may include variations in rate design, load control,
1961	cogeneration, residential energy conservation subsidy, or any
1962	other measure within the jurisdiction of the commission which
1963	the commission finds likely to be effective; this provision
1964	shall not be construed to preclude these measures in any plan or
1965	program.
1966	(8)  The commission may authorize financial rewards for
1967	those utilities over which it has rate-setting authority that
1968	exceed their goals and may authorize financial penalties for
1969	those utilities that fail to meet their goals, including, but
1970	not limited to, the sharing of generation, transmission, and
1971	distribution cost savings associated with conservation, energy
1972	efficiency, and demand-side renewable energy systems additions.
1973	(9)(4)  The commission shall require periodic reports from
1974	each utility and shall provide the Legislature and the Governor
1975	with an annual report by March 1 of the goals it has adopted and
1976	its progress toward meeting those goals. The commission shall
1977	also consider the performance of each utility pursuant to ss.
1978	366.80-366.85 and 403.519 when establishing rates for those
1979	utilities over which the commission has ratesetting authority.
1980	(10)(5)  The commission shall require each utility to
1981	offer, or to contract to offer, energy audits to its residential
1982	customers. This requirement need not be uniform, but may be
1983	based on such factors as level of usage, geographic location, or
1984	any other reasonable criterion, so long as all eligible
1985	customers are notified. The commission may extend this
1986	requirement to some or all commercial customers. The commission
1987	shall set the charge for audits by rule, not to exceed the
1988	actual cost, and may describe by rule the general form and
1989	content of an audit. In the event one utility contracts with
1990	another utility to perform audits for it, the utility for which
1991	the audits are performed shall pay the contracting utility the
1992	reasonable cost of performing the audits. Each utility over
1993	which the commission has ratesetting authority shall estimate
1994	its costs and revenues for audits, conservation programs, and
1995	implementation of its plan for the immediately following 6-month
1996	period. Reasonable and prudent unreimbursed costs projected to
1997	be incurred, or any portion of such costs, may be added to the
1998	rates which would otherwise be charged by a utility upon
1999	approval by the commission, provided that the commission shall
2000	not allow the recovery of the cost of any company image-
2001	enhancing advertising or of any advertising not directly related
2002	to an approved conservation program. Following each 6-month
2003	period, each utility shall report the actual results for that
2004	period to the commission, and the difference, if any, between
2005	actual and projected results shall be taken into account in
2006	succeeding periods. The state plan as submitted for
2007	consideration under the National Energy Conservation Policy Act
2008	shall not be in conflict with any state law or regulation.
2009	(11)(6)(a)  Notwithstanding the provisions of s. 377.703,
2010	the commission shall be the responsible state agency for
2011	performing, coordinating, implementing, or administering the
2012	functions of the state plan submitted for consideration under
2013	the National Energy Conservation Policy Act and any acts
2014	amendatory thereof or supplemental thereto and for performing,
2015	coordinating, implementing, or administering the functions of
2016	any future federal program delegated to the state which relates
2017	to consumption, utilization, or conservation of electricity or
2018	natural gas; and the commission shall have exclusive
2019	responsibility for preparing all reports, information, analyses,
2020	recommendations, and materials related to consumption,
2021	utilization, or conservation of electrical energy which are
2022	required or authorized by s. 377.703.
2023	(b)  The Executive Office of the Governor shall be a party
2024	in the proceedings to adopt goals and shall file with the
2025	commission comments on the proposed goals including, but not
2026	limited to:
2027	1.  An evaluation of utility load forecasts, including an
2028	assessment of alternative supply and demand side resource
2029	options.
2030	2.  An analysis of various policy options which can be
2031	implemented to achieve a least-cost strategy.
2032	(12)(7)  The commission shall establish all minimum
2033	requirements for energy auditors used by each utility. The
2034	commission is authorized to contract with any public agency or
2035	other person to provide any training, testing, evaluation, or
2036	other step necessary to fulfill the provisions of this
2037	subsection.
2038	Section 36.  Paragraph (d) of subsection (1) of section
2039	366.8255, Florida Statutes, is amended to read:
2040	366.8255  Environmental cost recovery.--
2041	(1)  As used in this section, the term:
2042	(d)  "Environmental compliance costs" includes all costs or
2043	expenses incurred by an electric utility in complying with
2044	environmental laws or regulations, including, but not limited
2045	to:
2046	1.  Inservice capital investments, including the electric
2047	utility's last authorized rate of return on equity thereon.;
2048	2.  Operation and maintenance expenses.;
2049	3.  Fuel procurement costs.;
2050	4.  Purchased power costs.;
2051	5.  Emission allowance costs.;
2052	6.  Direct taxes on environmental equipment.; and
2053	7.  Costs or expenses prudently incurred by an electric
2054	utility pursuant to an agreement entered into on or after the
2055	effective date of this act and prior to October 1, 2002, between
2056	the electric utility and the Florida Department of Environmental
2057	Protection or the United States Environmental Protection Agency
2058	for the exclusive purpose of ensuring compliance with ozone
2059	ambient air quality standards by an electrical generating
2060	facility owned by the electric utility.
2061	8.  Costs or expenses prudently incurred for the
2062	quantification, reporting, and third-party verification as
2063	required for participation in greenhouse gas emission registries
2064	for greenhouse gases as defined in s. 403.44.
2065	9.  Costs or expenses prudently incurred for scientific
2066	research and geological assessments of carbon capture and
2067	storage conducted in this state for the purpose of reducing an
2068	electric utility's greenhouse gas emissions when such costs or
2069	expenses are incurred in joint research projects with Florida
2070	state government agencies and Florida state universities.
2071	Section 37.  Subsection (2) of section 366.91, Florida
2072	Statutes, is amended, subsection (5) is renumbered as subsection
2073	(8), and new subsections (5), (6), and (7) are added to that
2074	section, to read:
2075	366.91  Renewable energy.--
2076	(2)  As used in this section, the term:
2077	(a)  "Biomass" means a power source that is comprised of,
2078	but not limited to, combustible residues or gases from forest
2079	products manufacturing, waste, byproducts, or products from
2080	agricultural and orchard crops, waste or co-products products
2081	from livestock and poultry operations, waste or byproducts from
2082	and food processing, urban wood waste, municipal solid waste,
2083	municipal liquid waste treatment operations, and landfill gas.
2084	(b)  "Customer-owned renewable generation" means an
2085	electric generating system located on a customer's premises that
2086	is primarily intended to offset part or all of the customer's
2087	electricity requirements with renewable energy.
2088	(c)  "Net metering" means a metering and billing
2089	methodology whereby customer-owned renewable generation is
2090	allowed to offset the customer's electricity consumption on
2091	site.
2092	(d)(b)  "Renewable energy" means electrical energy produced
2093	from a method that uses one or more of the following fuels or
2094	energy sources: hydrogen produced from sources other than fossil
2095	fuels, biomass, solar energy, geothermal energy, wind energy,
2096	ocean energy, and hydroelectric power. The term includes the
2097	alternative energy resource, waste heat, from sulfuric acid
2098	manufacturing operations.
2099	(5)  On or before January 1, 2009, each public utility
2100	shall develop a standardized interconnection agreement and net
2101	metering program for customer-owned renewable generation. The
2102	commission shall establish requirements relating to the
2103	expedited interconnection and net metering of customer-owned
2104	renewable generation by public utilities and may adopt rules to
2105	administer this section.
2106	(6)  On or before July 1, 2009, each municipal electric
2107	utility and each rural electric cooperative that sells
2108	electricity at retail shall develop a standardized
2109	interconnection agreement and net metering program for customer-
2110	owned renewable generation. Each governing authority shall
2111	establish requirements relating to the expedited interconnection
2112	and net metering of customer-owned generation. By April 1 of
2113	each year, each municipal electric utility and rural electric
2114	cooperative utility serving retail customers shall file a report
2115	with the commission detailing customer participation in the
2116	interconnection and net metering program, including, but not
2117	limited to, the number and total capacity of interconnected
2118	generating systems and the total energy net metered in the
2119	previous year.
2120	(7)  Under the provisions of subsections (5) and (6), when
2121	a utility purchases power generated from biogas produced by the
2122	anaerobic digestion of agricultural waste, including food waste
2123	or other agricultural byproducts, net metering shall be
2124	available at a single metering point or as a part of conjunctive
2125	billing of multiple points for a customer at a single location.
2126	Section 38.  Section 366.92, Florida Statutes, is amended
2127	to read:
2128	366.92  Florida renewable energy policy.--
2129	(1)  It is the intent of the Legislature to promote the
2130	development of renewable energy; protect the economic viability
2131	of Florida's existing renewable energy facilities; diversify the
2132	types of fuel used to generate electricity in Florida; lessen
2133	Florida's dependence on natural gas and fuel oil for the
2134	production of electricity; minimize the volatility of fuel
2135	costs; encourage investment within the state; improve
2136	environmental conditions; and, at the same time, minimize the
2137	costs of power supply to electric utilities and their customers.
2138	(2)  As used in For the purposes of this section, the term:
2139	(a)  "Florida renewable energy resources" means shall mean
2140	renewable energy, as defined in s. 377.803, that is produced in
2141	Florida.
2142	(b)  "Provider" means a public utility as defined in s.
2143	366.02(1).
2144	(c)  "Renewable energy" means renewable energy as defined
2145	in s. 366.91(2)(d).
2146	(d)  "Renewable energy credit" or "REC" means a product
2147	that represents the unbundled, separable, renewable attribute of
2148	renewable energy produced in Florida and is equivalent to 1
2149	megawatt-hour of electricity generated by a source of renewable
2150	energy located in Florida.
2151	(e)  "Renewable portfolio standard" or "RPS" means the
2152	minimum percentage of total annual retail electricity sales by a
2153	provider to consumers in Florida that shall be supplied by
2154	renewable energy produced in Florida.
2155	(3)  The commission shall adopt rules for a renewable
2156	portfolio standard requiring each provider to supply renewable
2157	energy to its customers directly, by procuring, or through
2158	renewable energy credits. In developing the RPS rule, the
2159	commission shall consult the Department of Environmental
2160	Protection and the Florida Energy and Climate Commission. The
2161	rule shall not be implemented until ratified by the Legislature.
2162	The commission shall present a draft rule for legislative
2163	consideration by February 1, 2009.
2164	(a)  In developing the rule, the commission shall evaluate
2165	the current and forecasted levelized cost in cents per kilowatt
2166	hour through 2020 and current and forecasted installed capacity
2167	in kilowatts for each renewable energy generation method through
2168	2020.
2169	(b)  The commission's rule:
2170	1.  Shall include methods of managing the cost of
2171	compliance with the renewable portfolio standard, whether
2172	through direct supply or procurement of renewable power or
2173	through the purchase of renewable energy credits. The commission
2174	shall have rulemaking authority for providing annual cost
2175	recovery and incentive-based adjustments to authorized rates of
2176	return on common equity to providers to incentivize renewable
2177	energy. Notwithstanding s. 366.91(3) and (4), upon the
2178	ratification of the rules developed pursuant to this subsection,
2179	the commission may approve projects and power sales agreements
2180	with renewable power producers and the sale of renewable energy
2181	credits needed to comply with the renewable portfolio standard.
2182	In the event of any conflict, this subparagraph shall supersede
2183	s. 366.91(3) and (4).
2184	2.  Shall provide for appropriate compliance measures and
2185	the conditions under which noncompliance shall be excused due to
2186	a determination by the commission that the supply of renewable
2187	energy or renewable energy credits was not adequate to satisfy
2188	the demand for such energy or that the cost of securing
2189	renewable energy or renewable energy credits was cost
2190	prohibitive.
2191	3.  May provide added weight to energy provided by wind and
2192	solar photovoltaic over other forms of renewable energy, whether
2193	directly supplied or procured or indirectly obtained through the
2194	purchase of renewable energy credits.
2195	4.  Shall determine an appropriate period of time for which
2196	renewable energy credits may be used for purposes of compliance
2197	with the renewable portfolio standard.
2198	5.  Shall provide for monitoring of compliance with and
2199	enforcement of the requirements of this section.
2200	6.  Shall ensure that energy credited toward compliance
2201	with the requirements of this section is not credited toward any
2202	other purpose.
2203	7.  Shall include procedures to track and account for
2204	renewable energy credits, including ownership of renewable
2205	energy credits that are derived from a customer-owned renewable
2206	energy facility as a result of any action by a customer of an
2207	electric power supplier that is independent of a program
2208	sponsored by the electric power supplier.
2209	8.  Shall provide for the conditions and options for the
2210	repeal or alteration of the rule in the event that new
2211	provisions of federal law supplant or conflict with the rule.
2212	(c)  Beginning on April 1 of the year following final
2213	adoption of the commission's renewable portfolio standard rule,
2214	each provider shall submit a report to the commission describing
2215	the steps that have been taken in the previous year and the
2216	steps that will be taken in the future to add renewable energy
2217	to the provider's energy supply portfolio. The report shall
2218	state whether the provider was in compliance with the renewable
2219	portfolio standard during the previous year and how it will
2220	comply with the renewable portfolio standard in the upcoming
2221	year.
2222	(4)  Until such time as the rules developed pursuant to
2223	subsection (3) are ratified by the Legislature, the commission
2224	shall provide for full cost recovery under appropriate cost
2225	recovery clauses of all reasonable and prudent costs incurred by
2226	a provider for a project to place up to a total of 100 megawatts
2227	in new renewable energy capacity for each provider, provided
2228	that such provider-owned projects do not exceed the projected
2229	construction cost per kilowatt of at least one electric power
2230	plant for which the commission has granted an affirmative
2231	determination of need pursuant to s. 403.519 within the prior 10
2232	years.
2233	(5)  Each municipal electric utility and rural electric
2234	cooperative shall develop standards for the promotion,
2235	encouragement, and expansion of the use of renewable energy
2236	resources and energy conservation and efficiency measures. On or
2237	before April 1, 2009, and annually thereafter, each municipal
2238	electric utility and electric cooperative shall submit to the
2239	commission a report that identifies such standards.
2240	(6)  Nothing in this section shall be construed to impede
2241	or impair terms and conditions of existing contracts.
2242	(3)  The commission may adopt appropriate goals for
2243	increasing the use of existing, expanded, and new Florida
2244	renewable energy resources. The commission may change the goals.
2245	The commission may review and reestablish the goals at least
2246	once every 5 years.
2247	(7)(4)  The commission may adopt rules to administer and
2248	implement the provisions of this section.
2249	Section 39.  Subsections (1), (2), and (6) of section
2250	366.93, Florida Statutes, are amended to read:
2251	366.93  Cost recovery for the siting, design, licensing,
2252	and construction of nuclear and integrated gasification combined
2253	cycle power plants.--
2254	(1)  As used in this section, the term:
2255	(a)  "Cost" includes, but is not limited to, all capital
2256	investments, including rate of return, any applicable taxes, and
2257	all expenses, including operation and maintenance expenses,
2258	related to or resulting from the siting, licensing, design,
2259	construction, or operation of the nuclear power plant, including
2260	new, expanded, or relocated electrical transmission lines or
2261	facilities of any size that are necessary thereto, or of the
2262	integrated gasification combined cycle power plant.
2263	(b)  "Electric utility" or "utility" has the same meaning
2264	as that provided in s. 366.8255(1)(a).
2265	(c)  "Integrated gasification combined cycle power plant"
2266	or "plant" means is an electrical power plant as defined in s.
2267	403.503(14)(13) that uses synthesis gas produced by integrated
2268	gasification technology.
2269	(d)  "Nuclear power plant" or "plant" means is an
2270	electrical power plant as defined in s. 403.503(14)(13) that
2271	uses nuclear materials for fuel.
2272	(e)  "Power plant" or "plant" means a nuclear power plant
2273	or an integrated gasification combined cycle power plant.
2274	(f)  "Preconstruction" is that period of time after a site,
2275	including any related electrical transmission lines or
2276	facilities, has been selected through and including the date the
2277	utility completes site clearing work. Preconstruction costs
2278	shall be afforded deferred accounting treatment and shall accrue
2279	a carrying charge equal to the utility's allowance for funds
2280	during construction (AFUDC) rate until recovered in rates.
2281	(2)  Within 6 months after the enactment of this act, the
2282	commission shall establish, by rule, alternative cost recovery
2283	mechanisms for the recovery of costs incurred in the siting,
2284	design, licensing, and construction of a nuclear power plant,
2285	including new, expanded, or relocated electrical transmission
2286	lines and facilities that are necessary thereto, or of an
2287	integrated gasification combined cycle power plant. Such
2288	mechanisms shall be designed to promote utility investment in
2289	nuclear or integrated gasification combined cycle power plants
2290	and allow for the recovery in rates of all prudently incurred
2291	costs, and shall include, but are not be limited to:
2292	(a)  Recovery through the capacity cost recovery clause of
2293	any preconstruction costs.
2294	(b)  Recovery through an incremental increase in the
2295	utility's capacity cost recovery clause rates of the carrying
2296	costs on the utility's projected construction cost balance
2297	associated with the nuclear or integrated gasification combined
2298	cycle power plant. To encourage investment and provide
2299	certainty, for nuclear or integrated gasification combined cycle
2300	power plant need petitions submitted on or before December 31,
2301	2010, associated carrying costs shall be equal to the pretax
2302	AFUDC in effect upon this act becoming law. For nuclear or
2303	integrated gasification combined cycle power plants for which
2304	need petitions are submitted after December 31, 2010, the
2305	utility's existing pretax AFUDC rate is presumed to be
2306	appropriate unless determined otherwise by the commission in the
2307	determination of need for the nuclear or integrated gasification
2308	combined cycle power plant.
2309	(6)  If In the event the utility elects not to complete or
2310	is precluded from completing construction of the nuclear power
2311	plant, including new, expanded, or relocated electrical
2312	transmission lines or facilities necessary thereto, or of the
2313	integrated gasification combined cycle power plant, the utility
2314	shall be allowed to recover all prudent preconstruction and
2315	construction costs incurred following the commission's issuance
2316	of a final order granting a determination of need for the
2317	nuclear power plant and electrical transmission lines and
2318	facilities necessary thereto or for the integrated gasification
2319	combined cycle power plant. The utility shall recover such costs
2320	through the capacity cost recovery clause over a period equal to
2321	the period during which the costs were incurred or 5 years,
2322	whichever is greater. The unrecovered balance during the
2323	recovery period will accrue interest at the utility's weighted
2324	average cost of capital as reported in the commission's earnings
2325	surveillance reporting requirement for the prior year.
2326	Section 40.  Section 377.601, Florida Statutes, is amended
2327	to read:
2328	377.601  Legislative intent.--
2329	(1)  The Legislature finds that the state's energy security
2330	can be increased by lessening dependence on foreign oil; that
2331	the impacts of global climate change can be reduced through the
2332	reduction of greenhouse gas emissions; and that the
2333	implementation of alternative energy technologies can be a
2334	source of new jobs and employment opportunities for many
2335	Floridians. The Legislature further finds that the state is
2336	positioned at the front line against potential impacts of global
2337	climate change. Human and economic costs of those impacts can be
2338	averted by global actions and, where necessary, adapted to by a
2339	concerted effort to make Florida's communities more resilient
2340	and less vulnerable to these impacts. In focusing the
2341	government's policy and efforts to benefit and protect our
2342	state, its citizens, and its resources, the Legislature believes
2343	that a single government entity with a specific focus on energy
2344	and climate change is both desirable and advantageous ability to
2345	deal effectively with present shortages of resources used in the
2346	production of energy is aggravated and intensified because of
2347	inadequate or nonexistent information and that intelligent
2348	response to these problems and to the development of a state
2349	energy policy demands accurate and relevant information
2350	concerning energy supply, distribution, and use. The Legislature
2351	finds and declares that a procedure for the collection and
2352	analysis of data on the energy flow in this state is essential
2353	to the development and maintenance of an energy profile defining
2354	the characteristics and magnitudes of present and future energy
2355	demands and availability so that the state may rationally deal
2356	with present energy problems and anticipate future energy
2357	problems.
2358	(2)  The Legislature further recognizes that every state
2359	official dealing with energy problems should have current and
2360	reliable information on the types and quantity of energy
2361	resources produced, imported, converted, distributed, exported,
2362	stored, held in reserve, or consumed within the state.
2363	(3)  It is the intent of the Legislature in the passage of
2364	this act to provide the necessary mechanisms for the effective
2365	development of information necessary to rectify the present lack
2366	of information which is seriously handicapping the state's
2367	ability to deal effectively with the energy problem. To this
2368	end, the provisions of ss. 377.601-377.608 should be given the
2369	broadest possible interpretation consistent with the stated
2370	legislative desire to procure vital information.
2371	(2)(4)  It is the policy of the State of Florida to:
2372	(a)  Develop and promote the effective use of energy in the
2373	state, and discourage all forms of energy waste, and recognize
2374	and address the potential of global climate change wherever
2375	possible.
2376	(b)  Play a leading role in developing and instituting
2377	energy management programs aimed at promoting energy
2378	conservation, energy security, and the reduction of greenhouse
2379	gas emissions.
2380	(c)  Include energy considerations in all state, regional,
2381	and local planning.
2382	(d)  Utilize and manage effectively energy resources used
2383	within state agencies.
2384	(e)  Encourage local governments to include energy
2385	considerations in all planning and to support their work in
2386	promoting energy management programs.
2387	(f)  Include the full participation of citizens in the
2388	development and implementation of energy programs.
2389	(g)  Consider in its decisions the energy needs of each
2390	economic sector, including residential, industrial, commercial,
2391	agricultural, and governmental uses, and reduce those needs
2392	whenever possible.
2393	(h)  Promote energy education and the public dissemination
2394	of information on energy and its environmental, economic, and
2395	social impact.
2396	(i)  Encourage the research, development, demonstration,
2397	and application of alternative energy resources, particularly
2398	renewable energy resources.
2399	(j)  Consider, in its decisionmaking, the social, economic,
2400	and environmental impacts of energy-related activities,
2401	including the whole-life-cycle impacts of any potential energy
2402	use choices, so that detrimental effects of these activities are
2403	understood and minimized.
2404	(k)  Develop and maintain energy emergency preparedness
2405	plans to minimize the effects of an energy shortage within
2406	Florida.
2407	Section 41.  All of the powers, duties, functions, records,
2408	personnel, and property; unexpended balances of appropriations,
2409	allocations, and other funds; administrative authority;
2410	administrative rules; pending issues; and existing contracts of
2411	the Florida Energy Commission relating to the administration of
2412	s. 377.901, Florida Statutes, are transferred by a type two
2413	transfer, pursuant to s. 20.06(2), Florida Statutes, from the
2414	Office of Legislative Services to the Florida Energy and Climate
2415	Commission in the Executive Office of the Governor.
2416	Section 42.  Section 377.6015, Florida Statutes, is created
2417	to read:
2418	377.6015  Florida Energy and Climate Commission.--
2419	(1)  The Florida Energy and Climate Commission is created
2420	within the Executive Office of the Governor. The commission
2421	shall be comprised of nine members appointed by the Governor,
2422	the Commissioner of Agriculture, and the Chief Financial
2423	Officer.
2424	(a)  The Governor shall appoint one member from three
2425	persons nominated by the Florida Public Service Commission
2426	Nominating Council, created in s. 350.031, to each of seven
2427	seats on the commission. The Commissioner of Agriculture shall
2428	appoint one member from three persons nominated by the council
2429	to one seat on the commission. The Chief Financial Officer shall
2430	appoint one member from three persons nominated by the council
2431	to one seat on the commission.
2432	1.  The council shall submit the recommendations to the
2433	Governor, the Commissioner of Agriculture, and the Chief
2434	Financial Officer by September 1 of those years in which the
2435	terms are to begin the following October or within 60 days after
2436	a vacancy occurs for any reason other than the expiration of the
2437	term. The Governor, the Commissioner of Agriculture, and the
2438	Chief Financial Officer may proffer names of persons to be
2439	considered for nomination by the council.
2440	2.  The Governor, the Commissioner of Agriculture, and the
2441	Chief Financial Officer shall fill a vacancy occurring on the
2442	commission by appointment of one of the applicants nominated by
2443	the council only after a background investigation of such
2444	applicant has been conducted by the Department of Law
2445	Enforcement.
2446	3.  Members shall be appointed to 3-year terms; however, in
2447	order to establish staggered terms, for the initial
2448	appointments, the Governor shall appoint four members to 3-year
2449	terms, two members to 2-year terms, and one member to a 1-year
2450	term, and the Commissioner of Agriculture and the Chief
2451	Financial Officer shall each appoint one member to a 3-year term
2452	and shall appoint a successor when that appointee's term expires
2453	in the same manner as the original appointment.
2454	4.  The Governor shall select from the membership of the
2455	commission one person to serve as chair.
2456	5.  A vacancy on the commission shall be filled for the
2457	unexpired portion of the term in the same manner as the original
2458	appointment.
2459	6.  If the Governor, the Commissioner of Agriculture, or
2460	the Chief Financial Officer has not made an appointment within
2461	30 consecutive calendar days after the receipt of the
2462	recommendations, the council shall initiate, in accordance with
2463	this section, the nominating process within 30 days.
2464	7.  Each appointment to the commission shall be subject to
2465	confirmation by the Senate during the next regular session after
2466	the vacancy occurs. If the Senate refuses to confirm or fails to
2467	consider the appointment of the Governor, the Commissioner of
2468	Agriculture, or the Chief Financial Officer, the council shall
2469	initiate, in accordance with this section, the nominating
2470	process within 30 days.
2471	8.  The Governor or the Governor's successor may recall an
2472	appointee.
2473	(b)  Members must meet the following qualifications and
2474	restrictions:
2475	1.  A member must be an expert in one or more of the
2476	following fields: energy, natural resource conservation,
2477	economics, engineering, finance, law, transportation and land
2478	use, consumer protection, state energy policy, or another field
2479	substantially related to the duties and functions of the
2480	commission. The commission shall fairly represent the fields
2481	specified in this subparagraph.
2482	2.  Each member shall, at the time of appointment and at
2483	each commission meeting during his or her term of office,
2484	disclose:
2485	a.  Whether he or she has any financial interest, other
2486	than ownership of shares in a mutual fund, in any business
2487	entity that, directly or indirectly, owns or controls, or is an
2488	affiliate or subsidiary of, any business entity that may be
2489	affected by the policy recommendations developed by the
2490	commission.
2491	b.  Whether he or she is employed by or is engaged in any
2492	business activity with any business entity that, directly or
2493	indirectly, owns or controls, or is an affiliate or subsidiary
2494	of, any business entity that may be affected by the policy
2495	recommendations developed by the commission.
2496	(c)  The chair may designate the following ex officio,
2497	nonvoting members to provide information and advice to the
2498	commission at the request of the chair:
2499	1.  The chair of the Florida Public Service Commission, or
2500	his or her designee.
2501	2.  The Public Counsel, or his or her designee.
2502	3.  A representative of the Department of Agriculture and
2503	Consumer Services.
2504	4.  A representative of the Department of Financial
2505	Services.
2506	5.  A representative of the Department of Environmental
2507	Protection.
2508	6.  A representative of the Department of Community
2509	Affairs.
2510	7.  A representative of the Board of Governors of the State
2511	University System.
2512	8.  A representative of the Department of Transportation.
2513	(2)  Members shall serve without compensation but are
2514	entitled to reimbursement for per diem and travel expenses as
2515	provided in s. 112.061.
2516	(3)  Meetings of the commission may be held in various
2517	locations around the state and at the call of the chair;
2518	however, the commission must meet at least six times each year.
2519	(4)  The commission may:
2520	(a)  Employ staff and counsel as needed in the performance
2521	of its duties.
2522	(b)  Prosecute and defend legal actions in its own name.
2523	(c)  Form advisory groups consisting of members of the
2524	public to provide information on specific issues.
2525	(5)  The commission shall:
2526	(a)  Administer the Florida Renewable Energy and Energy
2527	Efficient Technologies Grants Program pursuant to s. 377.804 to
2528	assure a robust grant portfolio.
2529	(b)  Develop policy for requiring grantees to provide
2530	royalty-sharing or licensing agreements with state government
2531	for commercialized products developed under a state grant.
2532	(c)  Administer the Florida Green Government Grants Act
2533	pursuant to s. 377.808 and set annual priorities for grants.
2534	(d)  Administer the information gathering and reporting
2535	functions pursuant to ss. 377.601-377.608.
2536	(e)  Administer petroleum planning and emergency
2537	contingency planning pursuant to ss. 377.703 and 377.704.
2538	(f)  Represent Florida in the Southern States Energy
2539	Compact pursuant to ss. 377.71-377.712.
2540	(g)  Complete the annual assessment of the efficacy of
2541	Florida's Energy and Climate Change Action Plan, upon completion
2542	by the Governor's Action Team on Energy and Climate Change
2543	pursuant to the Governor's Executive Order 2007-128, and
2544	provide specific recommendations to the Governor and the
2545	Legislature each year to improve results.
2546	(h)  Administer the provisions of the Florida Energy and
2547	Climate Protection Act pursuant to ss. 377.801-377.806.
2548	(i)  Advocate for energy and climate change issues and
2549	provide educational outreach and technical assistance in
2550	cooperation with the state's academic institutions.
2551	(j)  Be a party in the proceedings to adopt goals and
2552	submit comments to the Public Service Commission pursuant to s.
2553	366.82.
2554	(k)  Adopt rules pursuant to chapter 120 in order to
2555	implement all powers and duties described in this section.
2556	Section 43.  Section 377.602, Florida Statutes, is amended
2557	to read:
2558	377.602  Definitions.--As used in ss. 377.601-377.608:
2559	(1)  "Commission" means the Florida Energy and Climate
2560	Commission.
2561	(2)(1)  "Energy resources" includes, but shall not be
2562	limited to:
2563	(a)  Energy converted from solar radiation, wind, hydraulic
2564	potential, tidal movements, biomass, geothermal sources, and
2565	other energy resources the commission determines to be important
2566	to the production or supply of energy.
2567	(b)(a)  Propane, butane, motor gasoline, kerosene, home
2568	heating oil, diesel fuel, other middle distillates, aviation
2569	gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
2570	residual fuels, crude oil, and other petroleum products and
2571	hydrocarbons as may be determined by the commission department
2572	to be of importance.
2573	(c)(b)  All natural gas, including casinghead gas, all
2574	other hydrocarbons not defined as petroleum products in
2575	paragraph (b) (a), and liquefied petroleum gas as defined in s.
2576	527.01.
2577	(d)(c)  All types of coal and products derived from its
2578	conversion and used as fuel.
2579	(e)(d)  All types of nuclear energy, special nuclear
2580	material, and source material, as defined in former s. 290.07.
2581	(e)  Every other energy resource, whether natural or
2582	manmade which the department determines to be important to the
2583	production or supply of energy, including, but not limited to,
2584	energy converted from solar radiation, wind, hydraulic
2585	potential, tidal movements, and geothermal sources.
2586	(f)  All electrical energy.
2587	(2)  "Department" means the Department of Environmental
2588	Protection.
2589	(3)  "Person" means producer, refiner, wholesaler,
2590	marketer, consignee, jobber, distributor, storage operator,
2591	importer, exporter, firm, corporation, broker, cooperative,
2592	public utility as defined in s. 366.02, rural electrification
2593	cooperative, municipality engaged in the business of providing
2594	electricity or other energy resources to the public, pipeline
2595	company, person transporting any energy resources as defined in
2596	subsection (2) (1), and person holding energy reserves for
2597	further production; however, "person" does not include persons
2598	exclusively engaged in the retail sale of petroleum products.
2599	Section 44.  All of the powers, duties, functions, records,
2600	personnel, and property; unexpended balances of appropriations,
2601	allocations, and other funds; administrative authority;
2602	administrative rules; pending issues; and existing contracts of
2603	the state energy program in the Department of Environmental
2604	Protection, as authorized and governed by ss. 20.255, 288.041,
2605	377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
2606	are transferred by a type two transfer, pursuant to s. 20.06(2),
2607	Florida Statutes, to the Florida Energy and Climate Commission
2608	in the Executive Office of the Governor.
2609	Section 45.  Section 377.603, Florida Statutes, is amended
2610	to read:
2611	377.603  Energy data collection; powers and duties of the
2612	commission Department of Environmental Protection.--
2613	(1)  The commission may department shall collect data on
2614	the extraction, production, importation, exportation,
2615	refinement, transportation, transmission, conversion, storage,
2616	sale, or reserves of energy resources in this state in an
2617	efficient and expeditious manner.
2618	(2)  The commission may department shall prepare periodic
2619	reports of energy data it collects.
2620	(3)  The department shall prescribe and furnish forms for
2621	the collection of information as required by ss. 377.601-377.608
2622	and shall consult with other state entities to assure that such
2623	data collected will meet their data requirements.
2624	(3)(4)  The commission department may adopt and promulgate
2625	such rules and regulations as are necessary to carry out the
2626	provisions of ss. 377.601-377.608. Such rules shall be pursuant
2627	to chapter 120.
2628	(4)(5)  The commission department shall maintain internal
2629	validation procedures to assure the accuracy of information
2630	received.
2631	Section 46.  Section 377.604, Florida Statutes, is amended
2632	to read:
2633	377.604  Required reports.--Every person who produces,
2634	imports, exports, refines, transports, transmits, converts,
2635	stores, sells, or holds known reserves of any form of energy
2636	resources used as fuel shall report to the commission, at the
2637	request of department at a frequency set, and in a manner
2638	prescribed, by the commission department, on forms provided by
2639	the commission department and prepared with the advice of
2640	representatives of the energy industry. Such forms shall be
2641	designed in such a manner as to indicate:
2642	(1)  The identity of the person or persons making the
2643	report.
2644	(2)  The quantity of energy resources extracted, produced,
2645	imported, exported, refined, transported, transmitted,
2646	converted, stored, or sold except at retail.
2647	(3)  The quantity of energy resources known to be held in
2648	reserve in the state.
2649	(4)  The identity of each refinery from which petroleum
2650	products have normally been obtained and the type and quantity
2651	of products secured from that refinery for sale or resale in
2652	this state.
2653	(5)  Any other information which the commission department
2654	deems proper pursuant to the intent of ss. 377.601-377.608.
2655	Section 47.  Section 377.605, Florida Statutes, is amended
2656	to read:
2657	377.605  Use of existing information.--The commission may
2658	department shall utilize to the fullest extent possible any
2659	existing energy information already prepared for state or
2660	federal agencies. Every state, county, and municipal agency
2661	shall cooperate with the commission department and shall submit
2662	any information on energy to the commission department upon
2663	request.
2664	Section 48.  Section 377.606, Florida Statutes, is amended
2665	to read:
2666	377.606  Records of the commission department; limits of
2667	confidentiality.--The information or records of individual
2668	persons, as defined in this section herein, obtained by the
2669	commission department as a result of a report, investigation, or
2670	verification required by the commission department, shall be
2671	open to the public, except such information the disclosure of
2672	which would be likely to cause substantial harm to the
2673	competitive position of the person providing such information
2674	and which is requested to be held confidential by the person
2675	providing such information. Such proprietary information is
2676	confidential and exempt from the provisions of s. 119.07(1).
2677	Information reported by entities other than the commission
2678	department in documents or reports open to public inspection
2679	shall under no circumstances be classified as confidential by
2680	the commission department. Divulgence of proprietary information
2681	as is requested to be held confidential, except upon order of a
2682	court of competent jurisdiction or except to an officer of the
2683	state entitled to receive the same in his or her official
2684	capacity, shall be a misdemeanor of the second degree,
2685	punishable as provided in ss. 775.082 and 775.083. Nothing in
2686	this section herein shall be construed to prohibit the
2687	publication or divulgence by other means of data so classified
2688	as to prevent identification of particular accounts or reports
2689	made to the commission department in compliance with s. 377.603
2690	or to prohibit the disclosure of such information to properly
2691	qualified legislative committees. The commission department
2692	shall establish a system which permits reasonable access to
2693	information developed.
2694	Section 49.  Section 377.608, Florida Statutes, is amended
2695	to read:
2696	377.608  Prosecution of cases by state attorney.--The state
2697	attorney shall prosecute all cases certified to him or her for
2698	prosecution by the commission department immediately upon
2699	receipt of the evidence transmitted by the commission
2700	department, or as soon thereafter as practicable.
2701	Section 50.  Section 377.703, Florida Statutes, is amended
2702	to read:
2703	377.703  Additional functions of the Florida Energy and
2704	Climate Commission Department of Environmental Protection;
2705	energy emergency contingency plan; federal and state
2706	conservation programs.--
2707	(1)  LEGISLATIVE INTENT.--Recognizing that energy supply
2708	and demand questions have become a major area of concern to the
2709	state which must be dealt with by effective and well-coordinated
2710	state action, it is the intent of the Legislature to promote the
2711	efficient, effective, and economical management of energy
2712	problems, centralize energy coordination responsibilities,
2713	pinpoint responsibility for conducting energy programs, and
2714	ensure the accountability of state agencies for the
2715	implementation of s. 377.601(2)(4), the state energy policy. It
2716	is the specific intent of the Legislature that nothing in this
2717	act shall in any way change the powers, duties, and
2718	responsibilities assigned by the Florida Electrical Power Plant
2719	Siting Act, part II of chapter 403, or the powers, duties, and
2720	responsibilities of the Florida Public Service Commission.
2721	(2)  DEFINITIONS.--
2722	(a)  "Coordinate," "coordination," or "coordinating" means
2723	the examination and evaluation of state plans and programs and
2724	the providing of recommendations to the Cabinet, Legislature,
2725	and appropriate state agency on any measures deemed necessary to
2726	ensure that such plans and programs are consistent with state
2727	energy policy.
2728	(b)  "Energy conservation" means increased efficiency in
2729	the utilization of energy.
2730	(c)  "Energy emergency" means an actual or impending
2731	shortage or curtailment of usable, necessary energy resources,
2732	such that the maintenance of necessary services, the protection
2733	of public health, safety, and welfare, or the maintenance of
2734	basic sound economy is imperiled in any geographical section of
2735	the state or throughout the entire state.
2736	(d)  "Energy source" means electricity, fossil fuels, solar
2737	power, wind power, hydroelectric power, nuclear power, or any
2738	other resource which has the capacity to do work.
2739	(e)  "Facilities" means any building or structure not
2740	otherwise exempted by the provisions of this act.
2741	(f)  "Fuel" means petroleum, crude oil, petroleum product,
2742	coal, natural gas, or any other substance used primarily for its
2743	energy content.
2744	(g)  "Local government" means any county, municipality,
2745	regional planning agency, or other special district or local
2746	governmental entity the policies or programs of which may affect
2747	the supply or demand, or both, for energy in the state.
2748	(h)  "Promotion" or "promote" means to encourage, aid,
2749	assist, provide technical and financial assistance, or otherwise
2750	seek to plan, develop, and expand.
2751	(i)  "Regional planning agency" means those agencies
2752	designated as regional planning agencies by the Department of
2753	Community Affairs.
2754	(j)  "Renewable energy resource" means any method, process,
2755	or substance the use of which does not diminish its availability
2756	or abundance, including, but not limited to, biomass conversion,
2757	geothermal energy, solar energy, wind energy, wood fuels derived
2758	from waste, ocean thermal gradient power, hydroelectric power,
2759	and fuels derived from agricultural products.
2760	(2)(3)  FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
2761	ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
2762	Environmental Protection shall, in addition to assuming the
2763	duties and responsibilities provided by ss. 20.255 and 377.701,
2764	perform the following functions consistent with the development
2765	of a state energy policy:
2766	(a)  The commission department shall assume the
2767	responsibility for development of an energy emergency
2768	contingency plan to respond to serious shortages of primary and
2769	secondary energy sources. Upon a finding by the Governor,
2770	implementation of any emergency program shall be upon order of
2771	the Governor that a particular kind or type of fuel is, or that
2772	the occurrence of an event which is reasonably expected within
2773	30 days will make the fuel, in short supply. The commission
2774	department shall then respond by instituting the appropriate
2775	measures of the contingency plan to meet the given emergency or
2776	energy shortage. The Governor may utilize the provisions of s.
2777	252.36(5) to carry out any emergency actions required by a
2778	serious shortage of energy sources.
2779	(b)  The commission department shall be constitute the
2780	responsible state agency for performing or coordinating the
2781	functions of any federal energy programs delegated to the state,
2782	including energy supply, demand, conservation, or allocation.
2783	(c)  The commission department shall analyze present and
2784	proposed federal energy programs and make recommendations
2785	regarding those programs to the Governor and the Legislature.
2786	(d)  The commission department shall coordinate efforts to
2787	seek federal support or other support for state energy
2788	activities, including energy conservation, research, or
2789	development, and shall be the state agency responsible for the
2790	coordination of multiagency energy conservation programs and
2791	plans.
2792	(e)  The commission department shall analyze energy data
2793	collected and prepare long-range forecasts of energy supply and
2794	demand in coordination with the Florida Public Service
2795	Commission, which shall have responsibility for electricity and
2796	natural gas forecasts. To this end, the forecasts shall contain:
2797	1.  An analysis of the relationship of state economic
2798	growth and development to energy supply and demand, including
2799	the constraints to economic growth resulting from energy supply
2800	constraints.
2801	2.  Plans for the development of renewable energy resources
2802	and reduction in dependence on depletable energy resources,
2803	particularly oil and natural gas, and an analysis of the extent
2804	to which renewable energy sources are being utilized in the
2805	state.
2806	3.  Consideration of alternative scenarios of statewide
2807	energy supply and demand for 5, 10, and 20 years, to identify
2808	strategies for long-range action, including identification of
2809	potential social, economic, and environmental effects.
2810	4.  An assessment of the state's energy resources,
2811	including examination of the availability of commercially
2812	developable and imported fuels, and an analysis of anticipated
2813	effects on the state's environment and social services resulting
2814	from energy resource development activities or from energy
2815	supply constraints, or both.
2816	(f)  The commission department shall submit an annual
2817	report to make a report, as requested by the Governor and or the
2818	Legislature, reflecting its activities and making
2819	recommendations of policies for improvement of the state's
2820	response to energy supply and demand and its effect on the
2821	health, safety, and welfare of the people of Florida. The report
2822	shall include a report from the Florida Public Service
2823	Commission on electricity and natural gas and information on
2824	energy conservation programs conducted and underway under way in
2825	the past year and shall include recommendations for energy
2826	conservation programs for the state, including, but not limited
2827	to, the following factors:
2828	1.  Formulation of specific recommendations for improvement
2829	in the efficiency of energy utilization in governmental,
2830	residential, commercial, industrial, and transportation sectors.
2831	2.  Collection and dissemination of information relating to
2832	energy conservation.
2833	3.  Development and conduct of educational and training
2834	programs relating to energy conservation.
2835	4.  An analysis of the ways in which state agencies are
2836	seeking to implement s. 377.601(2)(4), the state energy policy,
2837	and recommendations for better fulfilling this policy.
2838	(g)  The commission department has authority to adopt rules
2839	pursuant to ss. 120.536(1) and 120.54 to implement the
2840	provisions of this act.
2841	(h)  The commission shall promote the development and use
2842	of renewable energy resources, in conformance with the
2843	provisions of chapter 187 and s. 377.601, by:
2844	1.  Establishing goals and strategies for increasing the
2845	use of solar energy in this state.
2846	2.  Aiding and promoting the commercialization of solar
2847	energy technology, in cooperation with the Florida Solar Energy
2848	Center, Enterprise Florida, Inc., and any other federal, state,
2849	or local governmental agency which may seek to promote research,
2850	development, and demonstration of solar energy equipment and
2851	technology.
2852	3.  Identifying barriers to greater use of solar energy
2853	systems in this state, and developing specific recommendations
2854	for overcoming identified barriers, with findings and
2855	recommendations to be submitted annually in the report to the
2856	Governor and Legislature required under paragraph (f).
2857	4.  In cooperation with the Department of Environmental
2858	Protection, the Department of Transportation, the Department of
2859	Community Affairs, Enterprise Florida, Inc., the Florida Solar
2860	Energy Center, and the Florida Solar Energy Industries
2861	Association, investigating opportunities, pursuant to the
2862	National Energy Policy Act of 1992, and the Housing and
2863	Community Development Act of 1992, and any subsequent federal
2864	legislation, for solar electric vehicles and other solar energy
2865	manufacturing, distribution, installation, and financing efforts
2866	which will enhance this state's position as the leader in solar
2867	energy research, development, and use.
2868	5.  Undertaking other initiatives to advance the
2869	development and use of renewable energy resources in this state.
2870
2871	In the exercise of its responsibilities under this paragraph,
2872	the commission department shall seek the assistance of the solar
2873	energy industry in this state and other interested parties and
2874	is authorized to enter into contracts, retain professional
2875	consulting services, and expend funds appropriated by the
2876	Legislature for such purposes.
2877	(i)  The commission department shall promote energy
2878	conservation in all energy use sectors throughout the state and
2879	shall constitute the state agency primarily responsible for this
2880	function. To this end, the commission department shall
2881	coordinate the energy conservation programs of all state
2882	agencies and review and comment on the energy conservation
2883	programs of all state agencies.
2884	(j)  The commission department shall serve as the state
2885	clearinghouse for indexing and gathering all information related
2886	to energy programs in state universities, in private
2887	universities, in federal, state, and local government agencies,
2888	and in private industry and shall prepare and distribute such
2889	information in any manner necessary to inform and advise the
2890	citizens of the state of such programs and activities. This
2891	shall include developing and maintaining a current index and
2892	profile of all research activities, which shall be identified by
2893	energy area and may include a summary of the project, the amount
2894	and sources of funding, anticipated completion dates, or, in
2895	case of completed research, conclusions, recommendations, and
2896	applicability to state government and private sector functions.
2897	The commission department shall coordinate, promote, and respond
2898	to efforts by all sectors of the economy to seek financial
2899	support for energy activities. The commission department shall
2900	provide information to consumers regarding the anticipated
2901	energy-use and energy-saving characteristics of products and
2902	services in coordination with any federal, state, or local
2903	governmental agencies as may provide such information to
2904	consumers.
2905	(k)  The commission department shall coordinate energy-
2906	related programs of state government, including, but not limited
2907	to, the programs provided in this section. To this end, the
2908	commission department shall:
2909	1.  Provide assistance to other state agencies, counties,
2910	municipalities, and regional planning agencies to further and
2911	promote their energy planning activities.
2912	2.  Require, in cooperation with the Department of
2913	Management Services, all state agencies to operate state-owned
2914	and state-leased buildings in accordance with energy
2915	conservation standards as adopted by the Department of
2916	Management Services. Every 3 months, the Department of
2917	Management Services shall furnish the commission department data
2918	on agencies' energy consumption and emissions of greenhouse
2919	gases in a format prescribed by the commission mutually agreed
2920	upon by the two departments.
2921	3.  Promote the development and use of renewable energy
2922	resources, energy efficiency technologies, and conservation
2923	measures.
2924	4.  Promote the recovery of energy from wastes, including,
2925	but not limited to, the use of waste heat, the use of
2926	agricultural products as a source of energy, and recycling of
2927	manufactured products. Such promotion shall be conducted in
2928	conjunction with, and after consultation with, the Department of
2929	Environmental Protection and, the Florida Public Service
2930	Commission where electrical generation or natural gas is
2931	involved, and any other relevant federal, state, or local
2932	governmental agency having responsibility for resource recovery
2933	programs.
2934	(l)  The commission department shall develop, coordinate,
2935	and promote a comprehensive research plan for state programs.
2936	Such plan shall be consistent with state energy policy and shall
2937	be updated on a biennial basis.
2938	(m)  In recognition of the devastation to the economy of
2939	this state and the dangers to the health and welfare of
2940	residents of this state caused by severe hurricanes Hurricane
2941	Andrew, and the potential for such impacts caused by other
2942	natural disasters, the commission department shall include in
2943	its energy emergency contingency plan and provide to the Florida
2944	Building Commission Department of Community Affairs for
2945	inclusion in the Florida Energy Efficiency Code for Building
2946	Construction state model energy efficiency building code
2947	specific provisions to facilitate the use of cost-effective
2948	solar energy technologies as emergency remedial and preventive
2949	measures for providing electric power, street lighting, and
2950	water heating service in the event of electric power outages.
2951	(3)(4)  The commission department shall be responsible for
2952	the administration of the Coastal Energy Impact Program provided
2953	for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
2954	Section 51.  Paragraph (a) of subsection (2) of section
2955	377.705, Florida Statutes, is amended to read:
2956	377.705  Solar Energy Center; development of solar energy
2957	standards.--
2958	(2)  LEGISLATIVE FINDINGS AND INTENT.--
2959	(a)  The Legislature recognizes that if present trends
2960	continue, Florida will increase present energy consumption
2961	sixfold by the year 2000. Because of this dramatic increase and
2962	because existing domestic conventional energy resources will not
2963	provide sufficient energy to meet the nation's future needs, new
2964	sources of energy must be developed and applied. One such
2965	source, solar energy, has been in limited use in Florida for 30
2966	years. Applications of incident solar energy, the use of solar
2967	radiation to provide energy for water heating, space heating,
2968	space cooling, and other uses, through suitable absorbing
2969	equipment on or near a residence or commercial structure, must
2970	be extensively expanded. Unfortunately, the initial costs with
2971	regard to the production of solar energy have been prohibitively
2972	expensive. However, Because of increases in the cost of
2973	conventional fuel, certain applications of solar energy are
2974	becoming competitive, particularly when life-cycle costs are
2975	considered. It is the intent of the Legislature in formulating a
2976	sound and balanced energy policy for the state to encourage the
2977	development of an alternative energy capability in the form of
2978	incident solar energy.
2979	Section 52.  Section 377.801, Florida Statutes, is amended
2980	to read:
2981	377.801  Short title.--Sections 377.801-377.806 may be
2982	cited as the "Florida Energy and Climate Protection Renewable
2983	Energy Technologies and Energy Efficiency Act."
2984	Section 53.  Section 377.802, Florida Statutes, is amended
2985	to read:
2986	377.802  Purpose.--This act is intended to provide
2987	incentives for Florida's citizens, businesses, school districts,
2988	and local governments to take action to diversify the state's
2989	energy supplies, reduce dependence on foreign oil, and mitigate
2990	the effects of climate change by providing funding for
2991	activities designed to achieve these goals. The grant programs
2992	in this act are intended matching grants to stimulate capital
2993	investment in the state and to enhance the market for and
2994	promote the statewide utilization of renewable energy
2995	technologies and technologies intended to diversify Florida's
2996	energy supplies, reduce dependence on foreign oil, and combat or
2997	limit climate change impacts. The targeted grants program is
2998	designed to advance the already growing establishment of
2999	renewable energy technologies in the state and encourage the use
3000	of other incentives such as tax exemptions and regulatory
3001	certainty to attract additional renewable energy technology
3002	producers, developers, and users to the state. This act is also
3003	intended to provide incentives for the purchase of energy-
3004	efficient appliances and rebates for solar energy equipment
3005	installations for residential and commercial buildings.
3006	Section 54.  Section 377.803, Florida Statutes, is amended
3007	to read:
3008	377.803  Definitions.--As used in ss. 377.801-377.806, the
3009	term:
3010	(1)  "Act" means the Florida Energy and Climate Protection
3011	Renewable Energy Technologies and Energy Efficiency Act.
3012	(2)  "Approved metering equipment" means a device capable
3013	of measuring the energy output of a solar thermal system that
3014	has been approved by the commission.
3015	(2)(3)  "Commission" means the Florida Energy and Climate
3016	Public Service Commission.
3017	(4)  "Department" means the Department of Environmental
3018	Protection.
3019	(3)(5)  "Person" means an individual, partnership, joint
3020	venture, private or public corporation, association, firm,
3021	public service company, or any other public or private entity.
3022	(4)(6)  "Renewable energy" means electrical, mechanical, or
3023	thermal energy produced from a method that uses one or more of
3024	the following fuels or energy sources: hydrogen, biomass, as
3025	defined in s. 366.91, solar energy, geothermal energy, wind
3026	energy, ocean energy, waste heat, or hydroelectric power.
3027	(5)(7)  "Renewable energy technology" means any technology
3028	that generates or utilizes a renewable energy resource.
3029	(6)(8)  "Solar energy system" means equipment that provides
3030	for the collection and use of incident solar energy for water
3031	heating, space heating or cooling, or other applications that
3032	would normally require a conventional source of energy such as
3033	petroleum products, natural gas, or electricity that performs
3034	primarily with solar energy. In other systems in which solar
3035	energy is used in a supplemental way, only those components that
3036	collect and transfer solar energy shall be included in this
3037	definition.
3038	(7)(9)  "Solar photovoltaic system" means a device that
3039	converts incident sunlight into electrical current.
3040	(8)(10)  "Solar thermal system" means a device that traps
3041	heat from incident sunlight in order to heat water.
3042	Section 55.  Section 377.804, Florida Statutes, as amended
3043	by section 52 of chapter 2007-73, Laws of Florida, is amended to
3044	read:
3045	377.804  Renewable Energy and Energy-Efficient Technologies
3046	Grants Program.--
3047	(1)  The Renewable Energy and Energy-Efficient Technologies
3048	Grants Program is established within the commission department
3049	to provide renewable energy matching grants for demonstration,
3050	commercialization, research, and development projects relating
3051	to renewable energy technologies and innovative technologies
3052	that significantly increase energy efficiency for vehicles and
3053	commercial buildings.
3054	(2)  Matching grants for renewable energy technology
3055	demonstration, commercialization, research, and development
3056	projects described in subsection (1) may be made to any of the
3057	following:
3058	(a)  Municipalities and county governments.
3059	(b)  Established for-profit companies licensed to do
3060	business in the state.
3061	(c)  Universities and colleges in the state.
3062	(d)  Utilities located and operating within the state.
3063	(e)  Not-for-profit organizations.
3064	(f)  Other qualified persons, as determined by the
3065	commission department.
3066	(3)  The commission department may adopt rules pursuant to
3067	ss. 120.536(1) and 120.54 to provide for application
3068	requirements, provide for ranking of applications, and
3069	administer the awarding of grants under this program.
3070	(4)  Factors the commission department shall consider in
3071	awarding grants include, but are not limited to:
3072	(a)  The availability of matching funds or other in-kind
3073	contributions applied to the total project from an applicant.
3074	The commission department shall give greater preference to
3075	projects that provide such matching funds or other in-kind
3076	contributions.
3077	(b)  The degree to which the project stimulates in-state
3078	capital investment and economic development in metropolitan and
3079	rural areas, including the creation of jobs and the future
3080	development of a commercial market for renewable energy
3081	technologies.
3082	(c)  The extent to which the proposed project has been
3083	demonstrated to be technically feasible based on pilot project
3084	demonstrations, laboratory testing, scientific modeling, or
3085	engineering or chemical theory that supports the proposal.
3086	(d)  The degree to which the project incorporates an
3087	innovative new technology or an innovative application of an
3088	existing technology.
3089	(e)  The degree to which a project generates thermal,
3090	mechanical, or electrical energy by means of a renewable energy
3091	resource that has substantial long-term production potential.
3092	(f)  The degree to which a project demonstrates efficient
3093	use of energy and material resources.
3094	(g)  The degree to which the project fosters overall
3095	understanding and appreciation of renewable energy technologies.
3096	(h)  The ability to administer a complete project.
3097	(i)  Project duration and timeline for expenditures.
3098	(j)  The geographic area in which the project is to be
3099	conducted in relation to other projects.
3100	(k)  The degree of public visibility and interaction.
3101	(5)  The commission department shall solicit the expertise
3102	of other state agencies, Enterprise Florida, Inc., and state
3103	universities, and may solicit the expertise of other public and
3104	private entities it deems appropriate, in evaluating project
3105	proposals. State agencies shall cooperate with the commission
3106	Department of Environmental Protection and provide such
3107	assistance as requested.
3108	(6)  The commission department shall coordinate and
3109	actively consult with the Department of Agriculture and Consumer
3110	Services during the review and approval process of grants
3111	relating to bioenergy projects for renewable energy technology,
3112	and the departments shall jointly determine the grant awards to
3113	these bioenergy projects. No grant funding shall be awarded to
3114	any bioenergy project without such joint approval. Factors for
3115	consideration in awarding grants may include, but are not
3116	limited to, the degree to which:
3117	(a)  The project stimulates in-state capital investment and
3118	economic development in metropolitan and rural areas, including
3119	the creation of jobs and the future development of a commercial
3120	market for bioenergy.
3121	(b)  The project produces bioenergy from Florida-grown
3122	crops or biomass.
3123	(c)  The project demonstrates efficient use of energy and
3124	material resources.
3125	(d)  The project fosters overall understanding and
3126	appreciation of bioenergy technologies.
3127	(e)  Matching funds and in-kind contributions from an
3128	applicant are available.
3129	(f)  The project duration and the timeline for expenditures
3130	are acceptable.
3131	(g)  The project has a reasonable assurance of enhancing
3132	the value of agricultural products or will expand agribusiness
3133	in the state.
3134	(h)  Preliminary market and feasibility research has been
3135	conducted by the applicant or others and shows there is a
3136	reasonable assurance of a potential market.
3137	(7)  Each grant application shall be accompanied by an
3138	affidavit from the applicant attesting to the accuracy of the
3139	statements contained in the application.
3140	Section 56.  Section 377.806, Florida Statutes, is amended
3141	to read:
3142	377.806  Solar Energy System Incentives Program.--
3143	(1)  PURPOSE.--The Solar Energy System Incentives Program
3144	is established within the commission department to provide
3145	financial incentives for the purchase and installation of solar
3146	energy systems. Any resident of the state who purchases and
3147	installs a new solar energy system of 2 kilowatts or larger for
3148	a solar photovoltaic system, a solar energy system that provides
3149	at least 50 percent of a building's hot water consumption for a
3150	solar thermal system, or a solar thermal pool heater, from July
3151	1, 2006, through June 30, 2010, is eligible for a rebate on a
3152	portion of the purchase price of that solar energy system.
3153	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
3154	(a)  Eligibility requirements.--A solar photovoltaic system
3155	qualifies for a rebate if:
3156	1.  The system is installed by a state-licensed master
3157	electrician, electrical contractor, or solar contractor.
3158	2.  The system complies with state interconnection
3159	standards as provided by the Florida Public Service Commission.
3160	3.  The system complies with all applicable building codes
3161	as defined by the Florida Building Code local jurisdictional
3162	authority.
3163	(b)  Rebate amounts.--The rebate amount shall be set at $4
3164	per watt based on the total wattage rating of the system. The
3165	maximum allowable rebate per solar photovoltaic system
3166	installation shall be as follows:
3167	1.  Twenty thousand dollars for a residence.
3168	2.  One hundred thousand dollars for a place of business, a
3169	publicly owned or operated facility, or a facility owned or
3170	operated by a private, not-for-profit organization, including
3171	condominiums or apartment buildings.
3172	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
3173	(a)  Eligibility requirements.--A solar thermal system
3174	qualifies for a rebate if:
3175	1.  The system is installed by a state-licensed solar or
3176	plumbing contractor.
3177	2.  The system complies with all applicable building codes
3178	as defined by the Florida Building Code local jurisdictional
3179	authority.
3180	(b)  Rebate amounts.--Authorized rebates for installation
3181	of solar thermal systems shall be as follows:
3182	1.  Five hundred dollars for a residence.
3183	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3184	for a place of business, a publicly owned or operated facility,
3185	or a facility owned or operated by a private, not-for-profit
3186	organization, including condominiums or apartment buildings. Btu
3187	must be verified by approved metering equipment.
3188	(4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
3189	(a)  Eligibility requirements.--A solar thermal pool heater
3190	qualifies for a rebate if the system is installed by a state-
3191	licensed solar or plumbing contractor and the system complies
3192	with all applicable building codes as defined by the Florida
3193	Building Code local jurisdictional authority.
3194	(b)  Rebate amount.--Authorized rebates for installation of
3195	solar thermal pool heaters shall be $100 per installation.
3196	(5)  APPLICATION.--Application for a rebate must be made
3197	within 120 90 days after the purchase of the solar energy
3198	equipment.
3199	(6)  REBATE AVAILABILITY.--The commission department shall
3200	determine and publish on a regular basis the amount of rebate
3201	funds remaining in each fiscal year. The total dollar amount of
3202	all rebates issued by the department is subject to the total
3203	amount of appropriations in any fiscal year for this program. If
3204	funds are insufficient during the current fiscal year, any
3205	requests for rebates received during that fiscal year may be
3206	processed during the following fiscal year. Requests for rebates
3207	received in a fiscal year that are processed during the
3208	following fiscal year shall be given priority over requests for
3209	rebates received during the following fiscal year.
3210	(7)  RULES.--The commission department shall adopt rules
3211	pursuant to ss. 120.536(1) and 120.54 to develop rebate
3212	applications and administer the issuance of rebates.
3213	Section 57.  Section 377.808, Florida Statutes, is created
3214	to read:
3215	377.808  Florida Green Government Grants Act.--
3216	(1)  This section may be cited as the "Florida Green
3217	Government Grants Act."
3218	(2)  The Florida Energy and Climate Commission shall use
3219	funds specifically appropriated to award grants under this
3220	section to assist local governments, including municipalities,
3221	counties, and school districts, in the development and
3222	implementation of programs that achieve green standards. Green
3223	standards shall be determined by the commission and shall
3224	provide for cost-efficient solutions, reducing greenhouse gas
3225	emissions, improving quality of life, and strengthening the
3226	state's economy.
3227	(3)  The commission shall adopt rules pursuant to chapter
3228	120 to administer the grants provided for in this section. In
3229	accordance with the rules adopted by the commission under this
3230	section, the commission may provide grants from funds
3231	specifically appropriated for this purpose to local governments
3232	for the costs of achieving green standards, including necessary
3233	administrative expenses. The rules of the commission shall:
3234	(a)  Designate one or more suitable green government
3235	standards frameworks from which local governments may develop a
3236	greening government initiative and from which projects may be
3237	eligible for funding pursuant to this section.
3238	(b)  Require that projects that plan, design, construct,
3239	upgrade, or replace facilities reduce greenhouse gas emissions
3240	and be cost-effective, environmentally sound, permittable, and
3241	implementable.
3242	(c)  Require local governments to match state funds with
3243	direct project cost sharing or in-kind services.
3244	(d)  Provide for a scale of matching requirements for local
3245	governments on the basis of population in order to assist rural
3246	and undeveloped areas of the state with any financial burden of
3247	addressing climate change impacts.
3248	(e)  Require grant applications to be submitted on
3249	appropriate forms developed and adopted by the commission with
3250	appropriate supporting documentation and require records to be
3251	maintained.
3252	(f)  Establish a system to determine the relative priority
3253	of grant applications. The system shall consider greenhouse gas
3254	reductions, energy savings and efficiencies, and proven
3255	technologies.
3256	(g)  Establish requirements for competitive procurement of
3257	engineering and construction services, materials, and equipment.
3258	(h)  Provide for termination of grants when program
3259	requirements are not met.
3260	(4)  Each local government is limited to not more than two
3261	grant applications during each application period announced by
3262	the commission. However, a local government may not have more
3263	than three active projects expending grant funds during any
3264	state fiscal year.
3265	(5)  The commission shall perform an adequate overview of
3266	each grant, which may include technical review, site
3267	inspections, disbursement approvals, and auditing to
3268	successfully implement this section.
3269	Section 58.  Paragraph (c) of subsection (3) of section
3270	380.23, Florida Statutes, is amended to read:
3271	380.23  Federal consistency.--
3272	(3)  Consistency review shall be limited to review of the
3273	following activities, uses, and projects to ensure that such
3274	activities, uses, and projects are conducted in accordance with
3275	the state's coastal management program:
3276	(c)  Federally licensed or permitted activities affecting
3277	land or water uses when such activities are in or seaward of the
3278	jurisdiction of local governments required to develop a coastal
3279	zone protection element as provided in s. 380.24 and when such
3280	activities involve:
3281	1.  Permits and licenses required under the Rivers and
3282	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3283	2.  Permits and licenses required under the Marine
3284	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3285	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3286	3.  Permits and licenses required under the Federal Water
3287	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3288	amended, unless such permitting activities have been delegated
3289	to the state pursuant to said act.
3290	4.  Permits and licenses relating to the transportation of
3291	hazardous substance materials or transportation and dumping
3292	which are issued pursuant to the Hazardous Materials
3293	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3294	33 U.S.C. s. 1321, as amended.
3295	5.  Permits and licenses required under 15 U.S.C. ss. 717-
3296	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3297	1331-1356 for construction and operation of interstate gas
3298	pipelines and storage facilities.
3299	6.  Permits and licenses required for the siting and
3300	construction of any new electrical power plants as defined in s.
3301	403.503(14)(13), as amended, and the licensing and relicensing
3302	of hydroelectric power plants under the Federal Power Act, 16
3303	U.S.C. ss. 791a et seq., as amended.
3304	7.  Permits and licenses required under the Mining Law of
3305	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3306	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3307	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3308	amended; the Federal Land Policy and Management Act, 43 U.S.C.
3309	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3310	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3311	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3312	pipelines, geological and geophysical activities, or rights-of-
3313	way on public lands and permits and licenses required under the
3314	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3315	amended.
3316	8.  Permits and licenses for areas leased under the OCS
3317	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3318	leases and approvals of exploration, development, and production
3319	plans.
3320	9.  Permits and licenses required under the Deepwater Port
3321	Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3322	10.  Permits required for the taking of marine mammals
3323	under the Marine Mammal Protection Act of 1972, as amended, 16
3324	U.S.C. s. 1374.
3325	Section 59.  Subsection (20) of section 403.031, Florida
3326	Statutes, is amended to read:
3327	403.031  Definitions.--In construing this chapter, or rules
3328	and regulations adopted pursuant hereto, the following words,
3329	phrases, or terms, unless the context otherwise indicates, have
3330	the following meanings:
3331	(20)  "Electrical power plant" means, for purposes of this
3332	part of this chapter, any electrical generating facility that
3333	uses any process or fuel and that is owned or operated by an
3334	electric utility, as defined in s. 403.503(14)(13), and includes
3335	any associated facility that directly supports the operation of
3336	the electrical power plant.
3337	Section 60.  Section 403.44, Florida Statutes, is created
3338	to read:
3339	403.44  Florida Climate Protection Act.--
3340	(1)  The Legislature finds it is in the best interest of
3341	the state to document, to the greatest extent practicable,
3342	greenhouse gas emissions and to pursue a market-based emissions
3343	abatement program, such as cap and trade, to address greenhouse
3344	gas emissions reductions.
3345	(2)  As used in this section, the term:
3346	(a)  "Allowance" means a credit issued by the department
3347	through allotments or auction which represents an authorization
3348	to emit specific amounts of greenhouse gases, as further defined
3349	in department rule.
3350	(b)  "Cap and trade" or "emissions trading" means an
3351	administrative approach used to control pollution by providing a
3352	limit on total allowable emissions, providing for allowances to
3353	emit pollutants, and providing for the transfer of the
3354	allowances among pollutant sources as a means of compliance with
3355	emission limits.
3356	(c)  "Greenhouse gas" or "GHG" means carbon dioxide,
3357	methane, nitrous oxide, and fluorinated gases such as
3358	hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3359	(d)  "Leakage" means the offset of emission abatement that
3360	is achieved in one location subject to emission control
3361	regulation by increased emissions in unregulated locations.
3362	(e)  "Major emitter" means an electric utility regulated
3363	under this chapter.
3364	(3)  A major emitter shall be required to use The Climate
3365	Registry for purposes of emission registration and reporting.
3366	(4)  The department shall establish the methodologies,
3367	reporting periods, and reporting systems that shall be used when
3368	major emitters report to The Climate Registry. The department
3369	may require the use of quality-assured data from continuous
3370	emissions monitoring systems.
3371	(5)  The department may adopt rules for a cap-and-trade
3372	regulatory program to reduce greenhouse gas emissions from major
3373	emitters. When developing the rules, the department shall
3374	consult with the Florida Energy and Climate Commission and the
3375	Florida Public Service Commission and may consult with the
3376	Governor's Action Team for Energy and Climate Change. The
3377	department shall not adopt rules until after January 1, 2010.
3378	The rules shall not become effective until ratified by the
3379	Legislature.
3380	(6)  The rules of the cap-and-trade regulatory program
3381	shall include, but are not limited to:
3382	(a)  A statewide limit or cap on the amount of greenhouse
3383	gases emitted by major emitters.
3384	(b)  Methods, requirements, and conditions for allocating
3385	the cap among major emitters.
3386	(c)  Methods, requirements, and conditions for emissions
3387	allowances and the process for issuing emissions allowances.
3388	(d)  The relationship between allowances and the specific
3389	amounts of greenhouse gas emissions they represent.
3390	(e)  The length of allowance periods and the time over
3391	which entities must account for emissions and surrender
3392	allowances equal to emissions.
3393	(f)  The timeline of allowances from the initiation of the
3394	program through to 2050.
3395	(g)  A process for the trade of allowances between major
3396	emitters, including a registry, tracking, or accounting system
3397	for such trades.
3398	(h)  Cost containment mechanisms to reduce price and cost
3399	risks associated with the electric generation market in this
3400	state. Cost containment mechanisms to be considered for
3401	inclusion in the rules include, but are not limited to:
3402	1.  Allowing major emitters to borrow allowances from
3403	future time periods to meet their greenhouse gas emission
3404	limits.
3405	2.  Allowing major emitters to bank greenhouse gas emission
3406	reductions in the current year to be used to meet emission
3407	limits in future years.
3408	3.  Allowing major emitters to purchase emissions offsets
3409	from other entities that produce verifiable reductions in
3410	unregulated greenhouse gas emissions or that produce verifiable
3411	reductions in greenhouse gas emissions through voluntary
3412	practices that capture and store greenhouse gases that otherwise
3413	would be released into the atmosphere. In considering this cost
3414	containment mechanism, the department shall identify sectors and
3415	activities outside of the capped sectors, including other state,
3416	federal, or international activities, and the conditions under
3417	which reductions there can be credited against emissions of
3418	capped entities in place of allowances issued by the department.
3419	The department shall also consider potential methods and their
3420	effectiveness to avoid double-incentivizing such activities.
3421	4.  Providing a safety valve mechanism to ensure that the
3422	market prices for allowances or offsets do not surpass a
3423	predetermined level compatible with the affordability of
3424	electric utility rates and the well-being of the state's
3425	economy. In considering this cost containment mechanism, the
3426	department shall evaluate different price levels for the safety
3427	valve and methods to change the price level over time to reflect
3428	changing state, federal, and international markets, regulatory
3429	environments, and technological advancements.
3430
3431	In considering cost containment mechanisms for inclusion in the
3432	rules, the department shall evaluate the anticipated overall
3433	effect of each mechanism on the abatement of greenhouse gas
3434	emissions and on electricity ratepayers and the benefits and
3435	costs of each to the state's economy, and shall also consider
3436	the interrelationships between the mechanisms under
3437	consideration.
3438	(i)  A process to allow the department to exercise its
3439	authority to discourage leakage of GHG emissions to neighboring
3440	states attributable to the implementation of this program.
3441	(j)  Provisions for a trial period on the trading of
3442	allowances before full implementation of a trading system.
3443	(7)  In recommending and evaluating proposed features of
3444	the cap-and-trade system, the following factors shall be
3445	considered:
3446	(a)  The overall cost-effectiveness of the cap-and-trade
3447	system in combination with other policies and measures in
3448	meeting statewide targets.
3449	(b)  Minimizing the administrative burden to the state of
3450	implementing, monitoring, and enforcing the program.
3451	(c)  Minimizing the administrative burden on entities
3452	covered under the cap.
3453	(d)  The impacts on electricity prices for consumers.
3454	(e)  The specific benefits to the state's economy for early
3455	adoption of a cap-and-trade system for greenhouse gases in the
3456	context of federal climate change legislation and the
3457	development of new international compacts.
3458	(f)  The specific benefits to the state's economy
3459	associated with the creation and sale of emissions offsets from
3460	economic sectors outside of the emissions cap.
3461	(g)  The potential effects on leakage if economic activity
3462	relocates out of the state.
3463	(h)  The effectiveness of the combination of measures in
3464	meeting identified targets.
3465	(i)  The implications for near-term periods of long-term
3466	targets specified in the overall policy.
3467	(j)  The overall costs and benefits of a cap-and-trade
3468	system to the state economy.
3469	(k)  How to moderate impacts on low-income consumers that
3470	result from energy price increases.
3471	(l)  Consistency of the program with other state and
3472	possible federal efforts.
3473	(m)  The feasibility and cost-effectiveness of extending
3474	the program scope as broadly as possible among emitting
3475	activities and sinks in Florida.
3476	(n)  Evaluation of the conditions under which Florida
3477	should consider linking its trading system to the systems of
3478	other states or other countries and how that might be affected
3479	by the potential inclusion in the rule of a safety valve.
3480	(8)  Recognizing that the international, national, and
3481	neighboring state policies and the science of climate change
3482	will evolve, prior to submitting the proposed rules to the
3483	Legislature for consideration, the department shall submit the
3484	proposed rules to the Florida Energy and Climate Commission,
3485	which shall review the proposed rules and submit a report to the
3486	Governor, the President of the Senate, the Speaker of the House
3487	of Representatives, and the department. The report shall
3488	address:
3489	(a)  The overall cost-effectiveness of the proposed cap-
3490	and-trade system in combination with other policies and measures
3491	in meeting statewide targets.
3492	(b)  The administrative burden to the state of
3493	implementing, monitoring, and enforcing the program.
3494	(c)  The administrative burden on entities covered under
3495	the cap.
3496	(d)  The impacts on electricity prices for consumers.
3497	(e)  The specific benefits to the state's economy for early
3498	adoption of a cap-and-trade system for greenhouse gases in the
3499	context of federal climate change legislation and the
3500	development of new international compacts.
3501	(f)  The specific benefits to the state's economy
3502	associated with the creation and sale of emissions offsets from
3503	economic sectors outside of the emissions cap.
3504	(g)  The potential effects on leakage if economic activity
3505	relocates out of the state.
3506	(h)  The effectiveness of the combination of measures in
3507	meeting identified targets.
3508	(i)  The economic implications for near-term periods of
3509	short-term and long-term targets specified in the overall
3510	policy.
3511	(j)  The overall costs and benefits of a cap-and-trade
3512	system to the economy of the state.
3513	(k)  The impacts on low-income consumers that result from
3514	energy price increases.
3515	(l)  The consistency of the program with other state and
3516	possible federal efforts.
3517	(m)  The evaluation of the conditions under which the state
3518	should consider linking its trading system to the systems of
3519	other states or other countries and how that might be affected
3520	by the potential inclusion in the rule of a safety valve.
3521	(n)  The timing and changes in the external environment,
3522	such as proposals by other states or implementation of a federal
3523	program that would spur reevaluation of the Florida program.
3524	(o)  The conditions and options for eliminating the Florida
3525	program if a federal program were to supplant it.
3526	(p)  The need for a regular reevaluation of the progress of
3527	other emitting regions of the country and of the world, and
3528	whether other regions are abating emissions in a commensurate
3529	manner.
3530	(q)  The desirability of and possibilities of broadening
3531	the scope of the state's cap-and-trade system at a later date to
3532	include more emitting activities as well as sinks in Florida,
3533	the conditions that would need to be met to do so, and how the
3534	program would encourage these conditions to be met, including
3535	developing monitoring and measuring techniques for land use
3536	emissions and sinks, regulating sources upstream, and other
3537	considerations.
3538	Section 61.  Section 403.502, Florida Statutes, is amended
3539	to read:
3540	403.502  Legislative intent.--The Legislature finds that
3541	the present and predicted growth in electric power demands in
3542	this state requires the development of a procedure for the
3543	selection and utilization of sites for electrical generating
3544	facilities and the identification of a state position with
3545	respect to each proposed site and its associated facilities. The
3546	Legislature recognizes that the selection of sites and the
3547	routing of associated facilities, including transmission lines,
3548	will have a significant impact upon the welfare of the
3549	population, the location and growth of industry, and the use of
3550	the natural resources of the state. The Legislature finds that
3551	the efficiency of the permit application and review process at
3552	both the state and local level would be improved with the
3553	implementation of a process whereby a permit application would
3554	be centrally coordinated and all permit decisions could be
3555	reviewed on the basis of standards and recommendations of the
3556	deciding agencies. It is the policy of this state that, while
3557	recognizing the pressing need for increased power generation
3558	facilities, the state shall ensure through available and
3559	reasonable methods that the location and operation of electrical
3560	power plants will produce minimal adverse effects on human
3561	health, the environment, the ecology of the land and its
3562	wildlife, and the ecology of state waters and their aquatic life
3563	and will not unduly conflict with the goals established by the
3564	applicable local comprehensive plans. It is the intent to seek
3565	courses of action that will fully balance the increasing demands
3566	for electrical power plant location and operation with the broad
3567	interests of the public. Such action will be based on these
3568	premises:
3569	(1)  To assure the citizens of Florida that operation
3570	safeguards are technically sufficient for their welfare and
3571	protection.
3572	(2)  To effect a reasonable balance between the need for
3573	the facility and the environmental impact resulting from
3574	construction and operation of the facility, including air and
3575	water quality, fish and wildlife, and the water resources and
3576	other natural resources of the state.
3577	(3)  To meet the need for electrical energy as established
3578	pursuant to s. 403.519.
3579	(4)  To assure the citizens of Florida that renewable
3580	energy sources and technologies, as well as conservation
3581	measures, are utilized to the extent reasonably available.
3582	Section 62.  Subsections (3) through (30) of section
3583	403.503, Florida Statutes, are renumbered as subsections (4)
3584	through (31), respectively, present subsections (6), (8), (10),
3585	(13), (27), and (29) are amended, and a new subsection (3) is
3586	added to that section, to read:
3587	403.503  Definitions relating to Florida Electrical Power
3588	Plant Siting Act.--As used in this act:
3589	(3)  "Alternate corridor" means an area that is proposed by
3590	the applicant or a third party within which all or part of an
3591	associated electrical transmission line right-of-way is to be
3592	located and that is different from the preferred transmission
3593	line corridor proposed by the applicant. The width of the
3594	alternate corridor proposed for certification for an associated
3595	electrical transmission line may be the width of the proposed
3596	right-of-way or a wider boundary not to exceed a width of 1
3597	mile. The area within the alternate corridor may be further
3598	restricted as a condition of certification. The alternate
3599	corridor may include alternate electrical substation sites if
3600	the applicant has proposed an electrical substation as part of
3601	the portion of the proposed electrical transmission line.
3602	(7)(6)  "Associated facilities" means, for the purpose of
3603	certification, those onsite and offsite facilities which
3604	directly support the construction and operation of the
3605	electrical power plant such as electrical transmission lines,
3606	substations, and fuel unloading facilities; pipelines necessary
3607	for transporting fuel for the operation of the facility or other
3608	fuel transportation facilities; water or wastewater transport
3609	pipelines; construction, maintenance, and access roads; and
3610	railway lines necessary for transport of construction equipment
3611	or fuel for the operation of the facility.
3612	(9)(8)  "Certification" means the written order of the
3613	board, or secretary when applicable, approving an application
3614	for the licensing of an electrical power plant, in whole or with
3615	such changes or conditions as the board may deem appropriate.
3616	(11)(10)  "Corridor" means the proposed area within which
3617	an associated linear facility right-of-way is to be located. The
3618	width of the corridor proposed for certification as an
3619	associated facility, at the option of the applicant, may be the
3620	width of the right-of-way or a wider boundary, not to exceed a
3621	width of 1 mile. The area within the corridor in which a right-
3622	of-way may be located may be further restricted by a condition
3623	of certification. After all property interests required for the
3624	right-of-way have been acquired by the licensee, the boundaries
3625	of the area certified shall narrow to only that land within the
3626	boundaries of the right-of-way. The corridors proper for
3627	certification shall be those addressed in the application, in
3628	amendments to the application filed under s. 403.5064, and in
3629	notices of acceptance of proposed alternate corridors filed by
3630	an applicant and the department pursuant to s. 403.5271 as
3631	incorporated by reference in s. 403.5064(1)(b) for which the
3632	required information for the preparation of agency supplemental
3633	reports was filed.
3634	(14)(13)  "Electrical power plant" means, for the purpose
3635	of certification, any steam or solar electrical generating
3636	facility using any process or fuel, including nuclear materials,
3637	except that this term does not include any steam or solar
3638	electrical generating facility of less than 75 megawatts in
3639	capacity unless the applicant for such a facility elects to
3640	apply for certification under this act. This term also includes
3641	the site; all associated facilities that will to be owned by the
3642	applicant that which are physically connected to the electrical
3643	power plant site; all associated facilities that or which are
3644	indirectly directly connected to the electrical power plant site
3645	by other proposed associated facilities that will to be owned by
3646	the applicant;, and associated transmission lines that will to
3647	be owned by the applicant which connect the electrical power
3648	plant to an existing transmission network or rights-of-way to of
3649	which the applicant intends to connect. At the applicant's
3650	option, this term may include any offsite associated facilities
3651	that which will not be owned by the applicant; offsite
3652	associated facilities that which are owned by the applicant but
3653	that which are not directly connected to the electrical power
3654	plant site; any proposed terminal or intermediate substations or
3655	substation expansions connected to the associated transmission
3656	line; or new transmission lines, upgrades, or improvements of an
3657	existing transmission line on any portion of the applicant's
3658	electrical transmission system necessary to support the
3659	generation injected into the system from the proposed electrical
3660	power plant.
3661	(28)(27)  "Site" means any proposed location within which
3662	will be located wherein an electrical power plant's generating
3663	facility and onsite support facilities plant, or an electrical
3664	power plant alteration or addition of electrical generating
3665	facilities and onsite support facilities resulting in an
3666	increase in generating capacity, will be located, including
3667	offshore sites within state jurisdiction.
3668	(30)(29)  "Ultimate site capacity" means the maximum gross
3669	generating capacity for a site as certified by the board, unless
3670	otherwise specified as net generating capacity.
3671	Section 63.  Subsections (2) through (5), (9), and (11) of
3672	section 403.504, Florida Statutes, are amended to read:
3673	403.504  Department of Environmental Protection; powers and
3674	duties enumerated.--The department shall have the following
3675	powers and duties in relation to this act:
3676	(2)  To prescribe the form and content of the public
3677	notices and the notice of intent and the form, content, and
3678	necessary supporting documentation and studies to be prepared by
3679	the applicant for electrical power plant site certification
3680	applications.
3681	(3)  To receive applications for electrical power plant
3682	site certifications and to determine the completeness and
3683	sufficiency thereof.
3684	(4)  To make, or contract for, studies of electrical power
3685	plant site certification applications.
3686	(5)  To administer the processing of applications for
3687	electric power plant site certifications and to ensure that the
3688	applications are processed as expeditiously as possible.
3689	(9)  To determine whether an alternate corridor proposed
3690	for consideration under s. 403.5064(4) is acceptable issue final
3691	orders after receipt of the administrative law judge's order
3692	relinquishing jurisdiction pursuant to s. 403.508(6).
3693	(11)  To administer and manage the terms and conditions of
3694	the certification order and supporting documents and records for
3695	the life of the electrical power plant facility.
3696	Section 64.  Subsection (1) of section 403.506, Florida
3697	Statutes, is amended, and subsection (3) is added that section,
3698	to read:
3699	403.506  Applicability, thresholds, and certification.--
3700	(1)  The provisions of this act shall apply to any
3701	electrical power plant as defined herein, except that the
3702	provisions of this act shall not apply to any electrical power
3703	plant or steam generating plant of less than 75 megawatts in
3704	gross capacity, including its associated facilities, or to any
3705	substation to be constructed as part of an associated
3706	transmission line unless the applicant has elected to apply for
3707	certification of such electrical power plant or substation under
3708	this act. The provisions of this act shall not apply to any unit
3709	capacity expansions expansion of 75 35 megawatts or less, in the
3710	aggregate, of an existing exothermic reaction cogeneration
3711	electrical generating facility unit that was exempt from this
3712	act when it was originally built; however, this exemption shall
3713	not apply if the unit uses oil or natural gas for purposes other
3714	than unit startup. No construction of any new electrical power
3715	plant or expansion in steam generating capacity as measured by
3716	an increase in the maximum electrical generator rating of any
3717	existing electrical power plant may be undertaken after October
3718	1, 1973, without first obtaining certification in the manner as
3719	herein provided, except that this act shall not apply to any
3720	such electrical power plant which is presently operating or
3721	under construction or which has, upon the effective date of
3722	chapter 73-33, Laws of Florida, applied for a permit or
3723	certification under requirements in force prior to the effective
3724	date of such act.
3725	(3)  An electric utility may obtain separate licenses,
3726	permits, and approvals for the construction of facilities
3727	necessary to construct an electrical power plant without first
3728	obtaining certification under this act if the utility intends to
3729	locate, license, and construct a proposed or expanded electrical
3730	power plant that uses nuclear materials as fuel. Such facilities
3731	may include, but are not limited to, access and onsite roads,
3732	rail lines, electrical transmission facilities to support
3733	construction, and facilities necessary for waterborne delivery
3734	of construction materials and project components. This exemption
3735	applies to such facilities regardless of whether the facilities
3736	are used for operation of the power plant. The applicant shall
3737	file with the department a statement that declares that the
3738	construction of such facilities is necessary for the timely
3739	construction of the proposed electrical power plant and
3740	identifies those facilities that the applicant intends to seek
3741	licenses for and construct prior to or separate from
3742	certification of the project. The facilities may be located
3743	within or off the site for the proposed electrical power plant.
3744	The filing of an application under this act shall not affect
3745	other applications for separate licenses which are pending at
3746	the time of filing the application. Furthermore, the filing of
3747	an application shall not prevent an electric utility from
3748	seeking separate licenses for facilities that are necessary to
3749	construct the electrical power plant. Licenses, permits, or
3750	approvals issued by any state, regional, or local agency for
3751	such facilities shall be incorporated by the department into a
3752	final certification upon completion of construction. Any
3753	facilities necessary for construction of the electrical power
3754	plant shall become part of the certified electrical power plant
3755	upon completion of the electrical power plant's construction.
3756	The exemption in this subsection shall not require or authorize
3757	agency rulemaking, and any action taken under this subsection
3758	shall not be subject to the provisions of chapter 120. This
3759	subsection shall be given retroactive effect and shall apply to
3760	applications filed after May 1, 2008.
3761	Section 65.  Subsections (1) and (4) of section 403.5064,
3762	Florida Statutes, are amended to read:
3763	403.5064  Application; schedules.--
3764	(1)  The formal date of filing of a certification
3765	application and commencement of the certification review process
3766	shall be when the applicant submits:
3767	(a)  Copies of the certification application in a quantity
3768	and format as prescribed by rule to the department and other
3769	agencies identified in s. 403.507(2)(a).
3770	(b)  A statement affirming that the applicant is opting to
3771	allow consideration of alternate corridors for an associated
3772	transmission line corridor. If alternate corridors are allowed,
3773	at the applicant's option, the portion of the application
3774	addressing associated transmission line corridors shall be
3775	processed under the schedule set forth in ss. 403.521-403.526,
3776	403.527(4), and 403.5271, including the opportunity for the
3777	filing of alternate corridors by third parties; however, if such
3778	alternate corridors are filed, the certification hearing shall
3779	not be rescheduled as allowed by s. 403.5271(1)(b).
3780	(c)(b)  The application fee specified under s. 403.518 to
3781	the department.
3782	(4)  Within 7 days after the filing of an application, the
3783	department shall prepare a proposed schedule of dates for
3784	determination of completeness, submission of statements of
3785	issues, submittal of final reports, and other significant dates
3786	to be followed during the certification process, including dates
3787	for filing notices of appearance to be a party pursuant to s.
3788	403.508(3). If the application includes one or more associated
3789	transmission line corridors, at the request of the applicant
3790	filed concurrently with the application, the department shall
3791	use the application processing schedule set forth in ss.
3792	403.521-403.526, 403.527(4), and 403.5271 for the associated
3793	transmission line corridors, including the opportunity for the
3794	filing and review of alternate corridors, if a party proposes
3795	alternate transmission line corridor routes for consideration no
3796	later than 165 days before the scheduled certification hearing.
3797	Notwithstanding an applicant's option for the transmission line
3798	corridor portion of its application to be processed under the
3799	proposed schedule, only one certification hearing shall be held
3800	for the entire plant in accordance with s. 403.508(2). The
3801	proposed This schedule shall be timely provided by the
3802	department to the applicant, the administrative law judge, all
3803	agencies identified pursuant to subsection (2), and all parties.
3804	Within 7 days after the filing of the proposed schedule, the
3805	administrative law judge shall issue an order establishing a
3806	schedule for the matters addressed in the department's proposed
3807	schedule and other appropriate matters, if any.
3808	Section 66.  Subsection (1) of section 403.5065, Florida
3809	Statutes, is amended to read:
3810	403.5065  Appointment of administrative law judge; powers
3811	and duties.--
3812	(1)  Within 7 days after receipt of an application, the
3813	department shall request the Division of Administrative Hearings
3814	to designate an administrative law judge to conduct the hearings
3815	required by this act. The division director shall designate an
3816	administrative law judge within 7 days after receipt of the
3817	request from the department. In designating an administrative
3818	law judge for this purpose, the division director shall,
3819	whenever practicable, assign an administrative law judge who has
3820	had prior experience or training in electrical power plant site
3821	certification proceedings. Upon being advised that an
3822	administrative law judge has been appointed, the department
3823	shall immediately file a copy of the application and all
3824	supporting documents with the designated administrative law
3825	judge, who shall docket the application.
3826	Section 67.  Subsection (3) of section 403.50663, Florida
3827	Statutes, is amended to read:
3828	403.50663  Informational public meetings.--
3829	(3)  A local government or regional planning council that
3830	intends to conduct an informational public meeting must provide
3831	notice of the meeting to all parties not less than 5 days prior
3832	to the meeting and to the general public in accordance with s.
3833	403.5115(5). The expense for such notice is eligible for
3834	reimbursement under s. 403.518(2)(c)1.
3835	Section 68.  Section 403.50665, Florida Statutes, is
3836	amended to read:
3837	403.50665  Land use consistency.--
3838	(1)  The applicant shall include in the application a
3839	statement on the consistency of the site and or any directly
3840	associated facilities that constitute a "development," as
3841	defined in s. 380.04, with existing land use plans and zoning
3842	ordinances that were in effect on the date the application was
3843	filed and a full description of such consistency. This
3844	information shall include an identification of those associated
3845	facilities that the applicant believes are exempt from the
3846	requirements of land use plans and zoning ordinances under the
3847	provisions of the Local Government Comprehensive Planning and
3848	Land Development Regulation Act provisions of chapter 163 and s.
3849	380.04(3).
3850	(2)(a)  Within 45 days after the filing of the application,
3851	each local government shall file a determination with the
3852	department, the applicant, the administrative law judge, and all
3853	parties on the consistency of the site, and or any directly
3854	associated facilities that are not exempt from the requirements
3855	of land use plans and zoning ordinances under chapter 163 and s.
3856	380.04(3), with existing land use plans and zoning ordinances
3857	that were in effect on the date the application was filed, based
3858	on the information provided in the application. However, this
3859	requirement does not apply to any new electrical generation unit
3860	proposed to be constructed and operated on the site of a
3861	previously certified electrical power plant or on the site of a
3862	power plant that was not previously certified that will be
3863	wholly contained within the boundaries of the existing site.
3864	(b)  The local government may issue its determination up to
3865	55 35 days later if the application has been determined
3866	incomplete based in whole or in part upon a local government
3867	request for has requested additional information on land use and
3868	zoning consistency as part of the local government's statement
3869	on completeness of the application submitted pursuant to s.
3870	403.5066(1)(a). Incompleteness of information necessary for a
3871	local government to evaluate an application may be claimed by
3872	the local government as cause for a statement of inconsistency
3873	with existing land use plans and zoning ordinances.
3874	(c)  Notice of the consistency determination shall be
3875	published in accordance with the requirements of s. 403.5115.
3876	(3)(a)  If the local government issues a determination that
3877	the proposed site and any nonexempt associated facilities are
3878	electrical power plant is not consistent or in compliance with
3879	local land use plans and zoning ordinances, the applicant may
3880	apply to the local government for the necessary local approval
3881	to address the inconsistencies identified in the local
3882	government's determination.
3883	(b)  If the applicant makes such an application to the
3884	local government, the time schedules under this act shall be
3885	tolled until the local government issues its revised
3886	determination on land use and zoning or the applicant otherwise
3887	withdraws its application to the local government.
3888	(c)  If the applicant applies to the local government for
3889	necessary local land use or zoning approval, the local
3890	government shall commence a proceeding to consider the
3891	application for land use or zoning approval within 45 days after
3892	receipt of the complete request and shall issue a revised
3893	determination within 30 days following the conclusion of that
3894	local proceeding., and The time schedules and notice
3895	requirements under this act shall apply to such revised
3896	determination.
3897	(4)  If any substantially affected person wishes to dispute
3898	the local government's determination, he or she shall file a
3899	petition with the designated administrative law judge department
3900	within 21 days after the publication of notice of the local
3901	government's determination. If a hearing is requested, the
3902	provisions of s. 403.508(1) shall apply.
3903	(5)  The dates in this section may be altered upon
3904	agreement between the applicant, the local government, and the
3905	department pursuant to s. 403.5095.
3906	(6)  If it is determined by the local government that the
3907	proposed site or nonexempt directly associated facility does
3908	conform with existing land use plans and zoning ordinances in
3909	effect as of the date of the application and no petition has
3910	been filed, the responsible zoning or planning authority shall
3911	not thereafter change such land use plans or zoning ordinances
3912	so as to foreclose construction and operation of the proposed
3913	site or directly associated facilities unless certification is
3914	subsequently denied or withdrawn.
3915	(7)  The issue of land use and zoning consistency for any
3916	proposed alternate intermediate electrical substation which is
3917	proposed as part of an alternate electrical transmission line
3918	corridor which is accepted by the applicant and the department
3919	under s. 403.5271(1)(b) shall be addressed in the supplementary
3920	report prepared by the local government on the proposed
3921	alternate corridor and shall be considered as an issue at any
3922	final certification hearing. If such a proposed alternate
3923	intermediate electrical substation is determined not to be
3924	consistent with local land use plans and zoning ordinances, then
3925	that alternate intermediate electrical substation shall not be
3926	certified.
3927	Section 69.  Paragraph (a) of subsection (2) of section
3928	403.507, Florida Statutes, is amended to read:
3929	403.507  Preliminary statements of issues, reports, project
3930	analyses, and studies.--
3931	(2)(a)  No later than 100 days after the certification
3932	application has been determined complete, the following agencies
3933	shall prepare reports as provided below and shall submit them to
3934	the department and the applicant, unless a final order denying
3935	the determination of need has been issued under s. 403.519:
3936	1.  The Department of Community Affairs shall prepare a
3937	report containing recommendations which address the impact upon
3938	the public of the proposed electrical power plant, based on the
3939	degree to which the electrical power plant is consistent with
3940	the applicable portions of the state comprehensive plan,
3941	emergency management, and other such matters within its
3942	jurisdiction. The Department of Community Affairs may also
3943	comment on the consistency of the proposed electrical power
3944	plant with applicable strategic regional policy plans or local
3945	comprehensive plans and land development regulations.
3946	2.  The water management district shall prepare a report as
3947	to matters within its jurisdiction, including but not limited
3948	to, the impact of the proposed electrical power plant on water
3949	resources, regional water supply planning, and district-owned
3950	lands and works.
3951	3.  Each local government in whose jurisdiction the
3952	proposed electrical power plant is to be located shall prepare a
3953	report as to the consistency of the proposed electrical power
3954	plant with all applicable local ordinances, regulations,
3955	standards, or criteria that apply to the proposed electrical
3956	power plant, including any applicable local environmental
3957	regulations adopted pursuant to s. 403.182 or by other means.
3958	4.  The Fish and Wildlife Conservation Commission shall
3959	prepare a report as to matters within its jurisdiction.
3960	5.  Each regional planning council shall prepare a report
3961	containing recommendations that address the impact upon the
3962	public of the proposed electrical power plant, based on the
3963	degree to which the electrical power plant is consistent with
3964	the applicable provisions of the strategic regional policy plan
3965	adopted pursuant to chapter 186 and other matters within its
3966	jurisdiction.
3967	6.  The Department of Transportation shall address the
3968	impact of the proposed electrical power plant on matters within
3969	its jurisdiction.
3970	Section 70.  Subsection (1), paragraph (a) of subsection
3971	(2), and paragraph (f) of subsection (3) of section 403.508,
3972	Florida Statutes, are amended to read:
3973	403.508  Land use and certification hearings, parties,
3974	participants.--
3975	(1)(a)  Within 5 days after the filing of If a petition for
3976	a hearing on land use has been filed pursuant to s. 403.50665,
3977	the designated administrative law judge shall schedule conduct a
3978	land use hearing to be conducted in the county of the proposed
3979	site or directly associated facility that is not exempt from the
3980	requirements of land use plans and zoning ordinances under
3981	chapter 163 and s. 380.04(3), as applicable, as expeditiously as
3982	possible, but not later than 30 days after the designated
3983	administrative law judge's department's receipt of the petition.
3984	The place of such hearing shall be as close as possible to the
3985	proposed site or directly associated facility. If a petition is
3986	filed, the hearing shall be held regardless of the status of the
3987	completeness of the application. However, incompleteness of
3988	information necessary for a local government to evaluate an
3989	application may be claimed by the local government as cause for
3990	a statement of inconsistency with existing land use plans and
3991	zoning ordinances under s. 403.50665.
3992	(b)  Notice of the land use hearing shall be published in
3993	accordance with the requirements of s. 403.5115.
3994	(c)  The sole issue for determination at the land use
3995	hearing shall be whether or not the proposed site or nonexempt
3996	associated facility is consistent and in compliance with
3997	existing land use plans and zoning ordinances. If the
3998	administrative law judge concludes that the proposed site or
3999	nonexempt associated facility is not consistent or in compliance
4000	with existing land use plans and zoning ordinances, the
4001	administrative law judge shall receive at the hearing evidence
4002	on, and address in the recommended order any changes to or
4003	approvals or variances under, the applicable land use plans or
4004	zoning ordinances which will render the proposed site or
4005	nonexempt associated facility consistent and in compliance with
4006	the local land use plans and zoning ordinances.
4007	(d)  The designated administrative law judge's recommended
4008	order shall be issued within 30 days after completion of the
4009	hearing and shall be reviewed by the board within 60 days after
4010	receipt of the recommended order by the board.
4011	(e)  If it is determined by the board that the proposed
4012	site or nonexempt associated facility does conform with existing
4013	land use plans and zoning ordinances in effect as of the date of
4014	the application, or as otherwise provided by this act, the
4015	responsible zoning or planning authority shall not thereafter
4016	change such land use plans or zoning ordinances so as to
4017	foreclose construction and operation of the proposed electrical
4018	power plant on the proposed site or directly associated
4019	facilities unless certification is subsequently denied or
4020	withdrawn.
4021	(f)  If it is determined by the board that the proposed
4022	site or nonexempt associated facility does not conform with
4023	existing land use plans and zoning ordinances, the board may, if
4024	it determines after notice and hearing and upon consideration of
4025	the recommended order on land use and zoning issues that it is
4026	in the public interest to authorize the use of the land as a
4027	site for a site or associated facility an electrical power
4028	plant, authorize a variance or other necessary approval to the
4029	adopted land use plan and zoning ordinances required to render
4030	the proposed site or associated facility consistent with local
4031	land use plans and zoning ordinances. The board's action shall
4032	not be controlled by any other procedural requirements of law.
4033	In the event a variance or other approval is denied by the
4034	board, it shall be the responsibility of the applicant to make
4035	the necessary application for any approvals determined by the
4036	board as required to make the proposed site or associated
4037	facility consistent and in compliance with local land use plans
4038	and zoning ordinances. No further action may be taken on the
4039	complete application until the proposed site or associated
4040	facility conforms to the adopted land use plan or zoning
4041	ordinances or the board grants relief as provided under this
4042	act.
4043	(2)(a)  A certification hearing shall be held by the
4044	designated administrative law judge no later than 265 days after
4045	the application is filed with the department. The certification
4046	hearing shall be held at a location in proximity to the proposed
4047	site. At the conclusion of the certification hearing, the
4048	designated administrative law judge shall, after consideration
4049	of all evidence of record, submit to the board a recommended
4050	order no later than 45 days after the filing of the hearing
4051	transcript.
4052	(3)
4053	(f)  Any agency, including those whose properties or works
4054	are being affected pursuant to s. 403.509(5)(4), shall be made a
4055	party upon the request of the department or the applicant.
4056	Section 71.  Subsection (3) of section 403.509, Florida
4057	Statutes, is amended, subsection (4) is renumbered as subsection
4058	(5), a new subsection (4) is added to that section, and
4059	subsection (5) is renumbered as subsection (6) and amended, to
4060	read:
4061	403.509  Final disposition of application.--
4062	(3)  In determining whether an application should be
4063	approved in whole, approved with modifications or conditions, or
4064	denied, the board, or secretary when applicable, shall consider
4065	whether, and the extent to which, the location, construction,
4066	and operation of the electrical power plant and directly
4067	associated facilities and their construction and operation will:
4068	(a)  Provide reasonable assurance that operational
4069	safeguards are technically sufficient for the public welfare and
4070	protection.
4071	(b)  Comply with applicable nonprocedural requirements of
4072	agencies.
4073	(c)  Be consistent with applicable local government
4074	comprehensive plans and land development regulations.
4075	(d)  Meet the electrical energy needs of the state in an
4076	orderly, reliable, and timely fashion.
4077	(e)  Effect a reasonable balance between the need for the
4078	facility as established pursuant to s. 403.519 and the impacts
4079	upon air and water quality, fish and wildlife, water resources,
4080	and other natural resources of the state resulting from the
4081	construction and operation of the facility.
4082	(f)  Minimize, through the use of reasonable and available
4083	methods, the adverse effects on human health, the environment,
4084	and the ecology of the land and its wildlife and the ecology of
4085	state waters and their aquatic life.
4086	(g)  Serve and protect the broad interests of the public.
4087	(4)(a)  Any transmission line corridor certified by the
4088	board, or secretary if applicable, shall meet the criteria of
4089	this section. When more than one transmission line corridor is
4090	proper for certification under s. 403.503(11) and meets the
4091	criteria of this section, the board, or secretary if applicable,
4092	shall certify the transmission line corridor that has the least
4093	adverse impact regarding the criteria in subsection (3),
4094	including costs.
4095	(b)  If the board, or secretary if applicable, finds that
4096	an alternate corridor rejected pursuant to s. 403.5271 as
4097	incorporated by reference in s. 403.5064(1)(b) meets the
4098	criteria of subsection (3) and has the least adverse impact
4099	regarding the criteria in subsection (3), the board, or
4100	secretary if applicable, shall deny certification or shall allow
4101	the applicant to submit an amended application to include the
4102	corridor.
4103	(c)  If the board, or secretary if applicable, finds that
4104	two or more of the corridors that comply with subsection (3)
4105	have the least adverse impacts regarding the criteria in
4106	subsection (3), including costs, and that the corridors are
4107	substantially equal in adverse impacts regarding the criteria in
4108	subsection (3), including costs, the board, or secretary if
4109	applicable, shall certify the corridor preferred by the
4110	applicant if the corridor is one proper for certification under
4111	s. 403.503(11).
4112	(6)(5)  For certifications issued by the board in regard to
4113	the properties and works of any agency which is a party to the
4114	certification hearing, the board shall have the authority to
4115	decide issues relating to the use, the connection thereto, or
4116	the crossing thereof, for the electrical power plant and
4117	directly associated facilities and to direct any such agency to
4118	execute, within 30 days after the entry of certification, the
4119	necessary license or easement for such use, connection, or
4120	crossing, subject only to the conditions set forth in such
4121	certification. For certifications issued by the department in
4122	regard to the properties and works of any agency that is a party
4123	to the proceeding, any stipulation filed pursuant to s.
4124	403.508(6)(a) must include a stipulation regarding any issues
4125	relating to the use, the connection thereto, or the crossing
4126	thereof, for the electrical power plant. Any agency stipulating
4127	to the use of, connection to, or crossing of its property must
4128	agree to execute, within 30 days after the entry of
4129	certification, the necessary license or easement for such use,
4130	connection, or crossing, subject only to the conditions set
4131	forth in such certification.
4132	Section 72.  Subsections (1) and (6) of section 403.511,
4133	Florida Statutes, are amended to read:
4134	403.511  Effect of certification.--
4135	(1)  Subject to the conditions set forth therein, any
4136	certification shall constitute the sole license of the state and
4137	any agency as to the approval of the location of the site and
4138	any associated facility and the construction and operation of
4139	the proposed electrical power plant, except for the issuance of
4140	department licenses required under any federally delegated or
4141	approved permit program and except as otherwise provided in
4142	subsection (4).
4143	(6)  No term or condition of an electrical power plant a
4144	site certification shall be interpreted to supersede or control
4145	the provisions of a final operation permit for a major source of
4146	air pollution issued by the department pursuant to s. 403.0872
4147	to a facility certified under this part.
4148	Section 73.  Subsection (1) of section 403.5112, Florida
4149	Statutes, is amended to read:
4150	403.5112  Filing of notice of certified corridor route.--
4151	(1)  Within 60 days after certification of an a directly
4152	associated linear facility pursuant to this act, the applicant
4153	shall file, in accordance with s. 28.222, with the department
4154	and the clerk of the circuit court for each county through which
4155	the corridor will pass, a notice of the certified route.
4156	Section 74.  Section 403.5113, Florida Statutes, is amended
4157	to read:
4158	403.5113  Postcertification amendments and review.--
4159	(1)  POSTCERTIFICATION AMENDMENTS.--
4160	(a)  If, subsequent to certification by the board, a
4161	licensee proposes any material change to the application and
4162	revisions or amendments thereto, as certified, the licensee
4163	shall submit a written request for amendment and a description
4164	of the proposed change to the application to the department.
4165	Within 30 days after the receipt of the request for the
4166	amendment, the department shall determine whether the proposed
4167	change to the application requires a modification of the
4168	conditions of certification.
4169	(b)(2)  If the department concludes that the change would
4170	not require a modification of the conditions of certification,
4171	the department shall provide written notification of the
4172	approval of the proposed amendment to the licensee, all
4173	agencies, and all other parties.
4174	(c)(3)  If the department concludes that the change would
4175	require a modification of the conditions of certification, the
4176	department shall provide written notification to the licensee
4177	that the proposed change to the application requires a request
4178	for modification pursuant to s. 403.516.
4179	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
4180	submittals filed by the licensee with one or more agencies are
4181	for the purpose of monitoring for compliance with the issued
4182	certification and must be reviewed by the agencies on an
4183	expedited and priority basis because each facility certified
4184	under this act is a critical infrastructure facility. In no
4185	event shall a postcertification review be completed in more than
4186	90 days after complete information is submitted to the reviewing
4187	agencies.
4188	Section 75.  Section 403.5115, Florida Statutes, is amended
4189	to read:
4190	403.5115  Public notice.--
4191	(1)  The following notices are to be published by the
4192	applicant for all applications:
4193	(a)  Notice of the filing of a notice of intent under s.
4194	403.5063, which shall be published within 21 days after the
4195	filing of the notice. The notice shall be published as specified
4196	by subsection (2), except that the newspaper notice shall be
4197	one-fourth page in size in a standard size newspaper or one-half
4198	page in size in a tabloid size newspaper.
4199	(b)  Notice of filing of the application, which shall
4200	include a description of the proceedings required by this act,
4201	within 21 days after the date of the application filing. Such
4202	notice shall give notice of the provisions of s. 403.511(1) and
4203	(2).
4204	(c)  If applicable, notice of the land use determination
4205	made pursuant to s. 403.50665(2)(1) within 21 days after the
4206	deadline for the filing of the determination is filed.
4207	(d)  If applicable, notice of the land use hearing, which
4208	shall be published as specified in subsection (2), no later than
4209	15 days before the hearing.
4210	(e)  Notice of the certification hearing and notice of the
4211	deadline for filing notice of intent to be a party, which shall
4212	be published as specified in subsection (2), at least 65 days
4213	before the date set for the certification hearing. If one or
4214	more alternate corridors have been accepted for consideration,
4215	the notice of the certification hearing shall include a map of
4216	all corridors proposed for certification.
4217	(f)  Notice of revised deadline for filing alternate
4218	corridors if the certification hearing is rescheduled to a date
4219	other than as published in the notice of filing of the
4220	application. This notice shall be published at least 185 days
4221	before the rescheduled certification hearing and as specified in
4222	subsection (2), except no map is required and the size of the
4223	notice shall be no smaller than 6 square inches.
4224	(g)(f)  Notice of the cancellation of the certification
4225	hearing, if applicable, no later than 3 days before the date of
4226	the originally scheduled certification hearing. The newspaper
4227	notice shall be one-fourth page in size in a standard-size
4228	newspaper or one-half page in size in a tabloid-size newspaper.
4229	(h)(g)  Notice of modification when required by the
4230	department, based on whether the requested modification of
4231	certification will significantly increase impacts to the
4232	environment or the public. Such notice shall be published as
4233	specified under subsection (2):
4234	1.  Within 21 days after receipt of a request for
4235	modification. The newspaper notice shall be of a size as
4236	directed by the department commensurate with the scope of the
4237	modification.
4238	2.  If a hearing is to be conducted in response to the
4239	request for modification, then notice shall be published no
4240	later than 30 days before the hearing.
4241	(h)  Notice of a supplemental application, which shall be
4242	published as specified in paragraph (b) and subsection (2).
4243	(i)  Notice of existing site certification pursuant to s.
4244	403.5175. Notices shall be published as specified in paragraph
4245	(b) and subsection (2).
4246	(2)  Notices provided by the applicant shall be published
4247	in newspapers of general circulation within the county or
4248	counties in which the proposed electrical power plant will be
4249	located. The newspaper notices, unless otherwise specified,
4250	shall be at least one-half page in size in a standard size
4251	newspaper or a full page in a tabloid size newspaper. These
4252	notices shall include a map generally depicting the project and
4253	all associated facilities corridors. A newspaper of general
4254	circulation shall be the newspaper which has the largest daily
4255	circulation in that county and has its principal office in that
4256	county. If the newspaper with the largest daily circulation has
4257	its principal office outside the county, the notices shall
4258	appear in both the newspaper having the largest circulation in
4259	that county and in a newspaper authorized to publish legal
4260	notices in that county.
4261	(3)  All notices published by the applicant shall be paid
4262	for by the applicant and shall be in addition to the application
4263	fee.
4264	(4)  The department shall arrange for publication of the
4265	following notices in the manner specified by chapter 120 and
4266	provide copies of those notices to any persons who have
4267	requested to be placed on the departmental mailing list for this
4268	purpose:
4269	(a)  Notice of the filing of the notice of intent within 15
4270	days after receipt of the notice.
4271	(b)  Notice of the filing of the application, no later than
4272	21 days after the application filing.
4273	(c)  Notice of the land use determination made pursuant to
4274	s. 403.50665(2)(1) within 21 days after the determination is
4275	filed.
4276	(d)  Notice of the land use hearing before the
4277	administrative law judge, if applicable, no later than 15 days
4278	before the hearing.
4279	(e)  Notice of the land use hearing before the board, if
4280	applicable.
4281	(f)  Notice of the certification hearing at least 45 days
4282	before the date set for the certification hearing.
4283	(g)  Notice of the revised deadline for filing alternate
4284	corridors if the certification hearing is rescheduled to a date
4285	other than as published in the notice of filing of the
4286	application. This notice shall be published at least 185 days
4287	before the rescheduled certification hearing.
4288	(h)(g)  Notice of the cancellation of the certification
4289	hearing, if applicable, no later than 3 days prior to the date
4290	of the originally scheduled certification hearing.
4291	(i)(h)  Notice of the hearing before the board, if
4292	applicable.
4293	(j)(i)  Notice of stipulations, proposed agency action, or
4294	petitions for modification.
4295	(5)  A local government or regional planning council that
4296	proposes to conduct an informational public meeting pursuant to
4297	s. 403.50663 must publish notice of the meeting in a newspaper
4298	of general circulation within the county or counties in which
4299	the proposed electrical power plant will be located no later
4300	than 7 days prior to the meeting. A newspaper of general
4301	circulation shall be the newspaper that has the largest daily
4302	circulation in that county and has its principal office in that
4303	county. If the newspaper with the largest daily circulation has
4304	its principal office outside the county, the notices shall
4305	appear in both the newspaper having the largest circulation in
4306	that county and in a newspaper authorized to publish legal
4307	notices in that county.
4308	(6)  A proponent of an alternate corridor shall publish
4309	public notices concerning the filing of a proposal for an
4310	alternate corridor; the route of the alternate corridor; the
4311	revised time schedules, if any; the filing deadline for a
4312	petition to become a party; and the date of the rescheduled
4313	certification hearing, if necessary. For purposes of this
4314	subsection, all notices must be published in a newspaper or
4315	newspapers of general circulation within the county or counties
4316	affected by the proposed alternate corridor and must comply with
4317	the requirements provided in subsection (2). The notices must be
4318	published at least 45 days before the date of the rescheduled
4319	certification hearing.
4320	Section 76.  Paragraph (b) of subsection (1) of section
4321	403.516, Florida Statutes, is amended to read:
4322	403.516  Modification of certification.--
4323	(1)  A certification may be modified after issuance in any
4324	one of the following ways:
4325	(b)1.  The department may modify specific conditions of a
4326	site certification which are inconsistent with the terms of any
4327	federally delegated or approved permit for the certified
4328	electrical power plant.
4329	2.  Such modification may be made without further notice if
4330	the matter has been previously noticed under the requirements
4331	for any federally delegated or approved permit program.
4332	Section 77.  Paragraphs (a) and (c) of subsection (1) of
4333	section 403.517, Florida Statutes, are amended to read:
4334	403.517  Supplemental applications for sites certified for
4335	ultimate site capacity.--
4336	(1)(a)  Supplemental applications may be submitted for
4337	certification of the construction and operation of electrical
4338	power plants to be located at sites which have been previously
4339	certified for an ultimate site capacity pursuant to this act.
4340	Supplemental applications shall be limited to electrical power
4341	plants using the fuel type previously certified for that site.
4342	Such applications shall include all new directly associated
4343	facilities that support the construction and operation of the
4344	electrical power plant.
4345	(c)  The time limits for the processing of a complete
4346	supplemental application shall be designated by the department
4347	commensurate with the scope of the supplemental application, but
4348	shall not exceed any time limitation governing the review of
4349	initial applications for site certification pursuant to this
4350	act, it being the legislative intent to provide shorter time
4351	limitations for the processing of supplemental applications for
4352	electrical power plants to be constructed and operated at sites
4353	which have been previously certified for an ultimate site
4354	capacity.
4355	Section 78.  Subsections (1), (2), and (3) of section
4356	403.5175, Florida Statutes, are amended to read:
4357	403.5175  Existing electrical power plant site
4358	certification.--
4359	(1)  An electric utility that owns or operates an existing
4360	electrical power plant as defined in s. 403.503(14)(13) may
4361	apply for certification of an existing power plant and its site
4362	in order to obtain all agency licenses necessary to ensure
4363	compliance with federal or state environmental laws and
4364	regulation using the centrally coordinated, one-stop licensing
4365	process established by this part. An application for site
4366	certification under this section must be in the form prescribed
4367	by department rule. Applications must be reviewed and processed
4368	using the same procedural steps and notices as for an
4369	application for a new facility, except that a determination of
4370	need by the Public Service Commission is not required.
4371	(2)  An application for certification under this section
4372	must include:
4373	(a)  A description of the site and existing power plant
4374	installations and associated facilities;
4375	(b)  A description of all proposed changes or alterations
4376	to the site and or electrical power plant, including all new
4377	associated facilities that are the subject of the application;
4378	(c)  A description of the environmental and other impacts
4379	caused by the existing utilization of the site and directly
4380	associated facilities, and the operation of the electrical power
4381	plant that is the subject of the application, and of the
4382	environmental and other benefits, if any, to be realized as a
4383	result of the proposed changes or alterations if certification
4384	is approved and such other information as is necessary for the
4385	reviewing agencies to evaluate the proposed changes and the
4386	expected impacts;
4387	(d)  The justification for the proposed changes or
4388	alterations;
4389	(e)  Copies of all existing permits, licenses, and
4390	compliance plans authorizing utilization of the site and
4391	directly associated facilities or operation of the electrical
4392	power plant that is the subject of the application.
4393	(3)  The land use and zoning determination requirements of
4394	s. 403.50665 do not apply to an application under this section
4395	if the applicant does not propose to expand the boundaries of
4396	the existing site or to add additional offsite associated
4397	facilities that are not exempt from the provisions of s.
4398	403.50665. If the applicant proposes to expand the boundaries of
4399	the existing site or to add additional offsite associated
4400	facilities that are not exempt from the provisions of s.
4401	403.50665 to accommodate portions of the electrical generating
4402	facility plant or associated facilities, a land use and zoning
4403	determination shall be made as specified in s. 403.50665;
4404	provided, however, that the sole issue for determination is
4405	whether the proposed site expansion or additional nonexempt
4406	associated facilities are is consistent and in compliance with
4407	the existing land use plans and zoning ordinances.
4408	Section 79.  Section 403.518, Florida Statutes, is amended
4409	to read:
4410	403.518  Fees; disposition.--The department shall charge
4411	the applicant the following fees, as appropriate, which, unless
4412	otherwise specified, shall be paid into the Florida Permit Fee
4413	Trust Fund:
4414	(1)  A fee for a notice of intent pursuant to s. 403.5063,
4415	in the amount of $2,500, to be submitted to the department at
4416	the time of filing of a notice of intent. The notice-of-intent
4417	fee shall be used and disbursed in the same manner as the
4418	application fee.
4419	(2)  An application fee, which shall not exceed $200,000.
4420	The fee shall be fixed by rule on a sliding scale related to the
4421	size, type, ultimate site capacity, or increase in electrical
4422	generating capacity proposed by the application.
4423	(a)  Sixty percent of the fee shall go to the department to
4424	cover any costs associated with coordinating the review and
4425	acting upon the application, to cover any field services
4426	associated with monitoring construction and operation of the
4427	facility, and to cover the costs of the public notices published
4428	by the department.
4429	(b)  The following percentages shall be transferred to the
4430	Operating Trust Fund of the Division of Administrative Hearings
4431	of the Department of Management Services:
4432	1.  Five percent to compensate expenses from the initial
4433	exercise of duties associated with the filing of an application.
4434	2.  An additional 5 percent if a land use hearing is held
4435	pursuant to s. 403.508.
4436	3.  An additional 10 percent if a certification hearing is
4437	held pursuant to s. 403.508.
4438	(c)1.  Upon written request with proper itemized accounting
4439	within 90 days after final agency action by the board or
4440	department or withdrawal of the application, the agencies that
4441	prepared reports pursuant to s. 403.507 or participated in a
4442	hearing pursuant to s. 403.508 may submit a written request to
4443	the department for reimbursement of expenses incurred during the
4444	certification proceedings. The request shall contain an
4445	accounting of expenses incurred which may include time spent
4446	reviewing the application, preparation of any studies required
4447	of the agencies by this act, agency travel and per diem to
4448	attend any hearing held pursuant to this act, and for any agency
4449	or local government's or regional planning council's provision
4450	of notice of public meetings or hearings required as a result of
4451	the application for certification. The department shall review
4452	the request and verify that the expenses are valid. Valid
4453	expenses shall be reimbursed; however, in the event the amount
4454	of funds available for reimbursement is insufficient to provide
4455	for full compensation to the agencies requesting reimbursement,
4456	reimbursement shall be on a prorated basis.
4457	2.  If the application review is held in abeyance for more
4458	than 1 year, the agencies may submit a request for
4459	reimbursement. This time period shall be measured from the date
4460	the applicant has provided written notification to the
4461	department that it desires to have the application review
4462	process placed on hold. The fee disbursement shall be processed
4463	in accordance with subparagraph 1.
4464	(d)  If any sums are remaining, the department shall retain
4465	them for its use in the same manner as is otherwise authorized
4466	by this act; provided, however, that if the certification
4467	application is withdrawn, the remaining sums shall be refunded
4468	to the applicant within 90 days after the submittal of the
4469	written notification of withdrawal.
4470	(3)(a)  A certification modification fee, which shall not
4471	exceed $30,000. The department shall establish rules for
4472	determining such a fee based on the number of agencies involved
4473	in the review, equipment redesign, change in site size, type,
4474	increase in generating capacity proposed, or change in an
4475	associated linear facility location.
4476	(b)  The fee shall be submitted to the department with a
4477	petition for modification pursuant to s. 403.516. This fee shall
4478	be established, disbursed, and processed in the same manner as
4479	the application fee in subsection (2), except that the Division
4480	of Administrative Hearings shall not receive a portion of the
4481	fee unless the petition for certification modification is
4482	referred to the Division of Administrative Hearings for hearing.
4483	If the petition is so referred, only $10,000 of the fee shall be
4484	transferred to the Operating Trust Fund of the Division of
4485	Administrative Hearings of the Department of Management
4486	Services.
4487	(4)  A supplemental application fee, not to exceed $75,000,
4488	to cover all reasonable expenses and costs of the review,
4489	processing, and proceedings of a supplemental application. This
4490	fee shall be established, disbursed, and processed in the same
4491	manner as the certification application fee in subsection (2).
4492	(5)  An existing site certification application fee, not to
4493	exceed $200,000, to cover all reasonable costs and expenses of
4494	the review processing and proceedings for certification of an
4495	existing power plant site under s. 403.5175. This fee must be
4496	established, disbursed, and processed in the same manner as the
4497	certification application fee in subsection (2).
4498	(6)  An application fee for an alternate corridor filed
4499	pursuant to s. 403.5064(4). The application fee shall be $750
4500	per mile for each mile of the alternate corridor located within
4501	an existing electric transmission line right-of-way or within an
4502	existing right-of-way for a road, highway, railroad, or other
4503	aboveground linear facility, or $1,000 per mile for each mile of
4504	an electric transmission line corridor proposed to be located
4505	outside the existing right-of-way.
4506	Section 80.  Paragraphs (a) and (e) of subsection (4) of
4507	section 403.519, Florida Statutes, are amended to read:
4508	403.519  Exclusive forum for determination of need.--
4509	(4)  In making its determination on a proposed electrical
4510	power plant using nuclear materials or synthesis gas produced by
4511	integrated gasification combined cycle power plant as fuel, the
4512	commission shall hold a hearing within 90 days after the filing
4513	of the petition to determine need and shall issue an order
4514	granting or denying the petition within 135 days after the date
4515	of the filing of the petition. The commission shall be the sole
4516	forum for the determination of this matter and the issues
4517	addressed in the petition, which accordingly shall not be
4518	reviewed in any other forum, or in the review of proceedings in
4519	such other forum. In making its determination to either grant or
4520	deny the petition, the commission shall consider the need for
4521	electric system reliability and integrity, including fuel
4522	diversity, the need for base-load generating capacity, the need
4523	for adequate electricity at a reasonable cost, and whether
4524	renewable energy sources and technologies, as well as
4525	conservation measures, are utilized to the extent reasonably
4526	available.
4527	(a)  The applicant's petition shall include:
4528	1.  A description of the need for the generation capacity.
4529	2.  A description of how the proposed nuclear or integrated
4530	gasification combined cycle power plant will enhance the
4531	reliability of electric power production within the state by
4532	improving the balance of power plant fuel diversity and reducing
4533	Florida's dependence on fuel oil and natural gas.
4534	3.  A description of and a nonbinding estimate of the cost
4535	of the nuclear or integrated gasification combined cycle power
4536	plant, including any costs associated with new, expanded, or
4537	relocated electrical transmission lines or facilities of any
4538	size that are necessary to serve the nuclear power plant.
4539	4.  The annualized base revenue requirement for the first
4540	12 months of operation of the nuclear or integrated gasification
4541	combined cycle power plant.
4542	5.  Information on whether there were any discussions with
4543	any electric utilities regarding ownership of a portion of the
4544	nuclear or integrated gasification combined cycle power plant by
4545	such electric utilities.
4546	(e)  After a petition for determination of need for a
4547	nuclear or integrated gasification combined cycle power plant
4548	has been granted, the right of a utility to recover any costs
4549	incurred prior to commercial operation, including, but not
4550	limited to, costs associated with the siting, design, licensing,
4551	or construction of the plant and new, expanded, or relocated
4552	electrical transmission lines or facilities of any size that are
4553	necessary to serve the nuclear power plant, shall not be subject
4554	to challenge unless and only to the extent the commission finds,
4555	based on a preponderance of the evidence adduced at a hearing
4556	before the commission under s. 120.57, that certain costs were
4557	imprudently incurred. Proceeding with the construction of the
4558	nuclear or integrated gasification combined cycle power plant
4559	following an order by the commission approving the need for the
4560	nuclear or integrated gasification combined cycle power plant
4561	under this act shall not constitute or be evidence of
4562	imprudence. Imprudence shall not include any cost increases due
4563	to events beyond the utility's control. Further, a utility's
4564	right to recover costs associated with a nuclear or integrated
4565	gasification combined cycle power plant may not be raised in any
4566	other forum or in the review of proceedings in such other forum.
4567	Costs incurred prior to commercial operation shall be recovered
4568	pursuant to chapter 366.
4569	Section 81.  Subsection (1) of section 403.5252, Florida
4570	Statutes, is amended to read:
4571	403.5252  Determination of completeness.--
4572	(1)(a)  Within 30 days after the filing distribution of an
4573	application, the affected agencies shall file a statement with
4574	the department containing the recommendations of each agency
4575	concerning the completeness of the application for
4576	certification.
4577	(b)  Within 37 7 days after the filing receipt of the
4578	application completeness statements of each agency, the
4579	department shall file a statement with the Division of
4580	Administrative Hearings, with the applicant, and with all
4581	parties declaring its position with regard to the completeness
4582	of the application. The statement of the department shall be
4583	based upon its consultation with the affected agencies.
4584	Section 82.  Subsection (1) and paragraph (a) of subsection
4585	(2) of section 403.526, Florida Statutes, are amended to read:
4586	403.526  Preliminary statements of issues, reports, and
4587	project analyses; studies.--
4588	(1)  Each affected agency that is required to file a report
4589	in accordance with this section shall submit a preliminary
4590	statement of issues to the department and all parties no later
4591	than the submittal of each agency's recommendation that the
4592	application is complete 50 days after the filing of the
4593	application. Such statements of issues shall be made available
4594	to each local government for use as information for public
4595	meetings held under s. 403.5272. The failure to raise an issue
4596	in this preliminary statement of issues does not preclude the
4597	issue from being raised in the agency's report.
4598	(2)(a)  No later than 90 days after the filing of the
4599	application, the following agencies shall prepare reports as
4600	provided below, unless a final order denying the determination
4601	of need has been issued under s. 403.537 and shall submit them
4602	to the department and the applicant no later than 90 days after
4603	the filing of the application:
4604	1.  The department shall prepare a report as to the impact
4605	of each proposed transmission line or corridor as it relates to
4606	matters within its jurisdiction.
4607	2.  Each water management district in the jurisdiction of
4608	which a proposed transmission line or corridor is to be located
4609	shall prepare a report as to the impact on water resources and
4610	other matters within its jurisdiction.
4611	3.  The Department of Community Affairs shall prepare a
4612	report containing recommendations which address the impact upon
4613	the public of the proposed transmission line or corridor, based
4614	on the degree to which the proposed transmission line or
4615	corridor is consistent with the applicable portions of the state
4616	comprehensive plan, emergency management, and other matters
4617	within its jurisdiction. The Department of Community Affairs may
4618	also comment on the consistency of the proposed transmission
4619	line or corridor with applicable strategic regional policy plans
4620	or local comprehensive plans and land development regulations.
4621	4.  The Fish and Wildlife Conservation Commission shall
4622	prepare a report as to the impact of each proposed transmission
4623	line or corridor on fish and wildlife resources and other
4624	matters within its jurisdiction.
4625	5.  Each local government shall prepare a report as to the
4626	impact of each proposed transmission line or corridor on matters
4627	within its jurisdiction, including the consistency of the
4628	proposed transmission line or corridor with all applicable local
4629	ordinances, regulations, standards, or criteria that apply to
4630	the proposed transmission line or corridor, including local
4631	comprehensive plans, zoning regulations, land development
4632	regulations, and any applicable local environmental regulations
4633	adopted pursuant to s. 403.182 or by other means. A change by
4634	the responsible local government or local agency in local
4635	comprehensive plans, zoning ordinances, or other regulations
4636	made after the date required for the filing of the local
4637	government's report required by this section is not applicable
4638	to the certification of the proposed transmission line or
4639	corridor unless the certification is denied or the application
4640	is withdrawn.
4641	6.  Each regional planning council shall present a report
4642	containing recommendations that address the impact upon the
4643	public of the proposed transmission line or corridor based on
4644	the degree to which the transmission line or corridor is
4645	consistent with the applicable provisions of the strategic
4646	regional policy plan adopted under chapter 186 and other impacts
4647	of each proposed transmission line or corridor on matters within
4648	its jurisdiction.
4649	7.  The Department of Transportation shall prepare a report
4650	as to the impact of the proposed transmission line or corridor
4651	on state roads, railroads, airports, aeronautics, seaports, and
4652	other matters within its jurisdiction.
4653	8.  The commission shall prepare a report containing its
4654	determination under s. 403.537, and the report may include the
4655	comments from the commission with respect to any other subject
4656	within its jurisdiction.
4657	9.  Any other agency, if requested by the department, shall
4658	also perform studies or prepare reports as to subjects within
4659	the jurisdiction of the agency which may potentially be affected
4660	by the proposed transmission line.
4661	Section 83.  Subsection (4) and paragraph (a) of subsection
4662	(6) of section 403.527, Florida Statutes, are amended to read:
4663	403.527  Certification hearing, parties, participants.--
4664	(4)(a)  One public hearing where members of the public who
4665	are not parties to the certification hearing may testify shall
4666	be held in conjunction with the certification hearing within the
4667	boundaries of each county, at the option of any local
4668	government.
4669	(b)  Upon the request of the local government, one public
4670	hearing where members of the public who are not parties to the
4671	certification hearing and who reside within the jurisdiction of
4672	the local government may testify shall be held within the
4673	boundaries of each county in which a local government that made
4674	such a request is located.
4675	(c)(a)  A local government shall notify the administrative
4676	law judge and all parties not later than 50 21 days after the
4677	filing of the application has been determined complete as to
4678	whether the local government wishes to have a public hearing
4679	within the boundaries of its county. If a filing for an
4680	alternate corridor is accepted for consideration under s.
4681	403.5271(1) by the department and the applicant, any newly
4682	affected local government must notify the administrative law
4683	judge and all parties not later than 10 days after the data
4684	concerning the alternate corridor has been determined complete
4685	as to whether the local government wishes to have such a public
4686	hearing. The local government is responsible for providing the
4687	location of the public hearing if held separately from the
4688	certification hearing.
4689	(d)(b)  Within 5 days after notification, the
4690	administrative law judge shall determine the date of the public
4691	hearing, which shall be held before or during the certification
4692	hearing. If two or more local governments within one county
4693	request a public hearing, the hearing shall be consolidated so
4694	that only one public hearing is held in any county. The location
4695	of a consolidated hearing shall be determined by the
4696	administrative law judge.
4697	(e)(c)  If a local government does not request a public
4698	hearing within 50 21 days after the filing of the application
4699	has been determined complete, members of the public who are not
4700	parties to the certification hearing and who reside persons
4701	residing within the jurisdiction of the local government may
4702	testify during the that portion of the certification hearing
4703	held under paragraph (b) at which public testimony is heard.
4704	(6)(a)  No later than 29 25 days before the certification
4705	hearing, the department or the applicant may request that the
4706	administrative law judge cancel the certification hearing and
4707	relinquish jurisdiction to the department if all parties to the
4708	proceeding stipulate that there are no disputed issues of
4709	material fact or law to be raised at the certification hearing.
4710	Section 84.  Paragraphs (b), (c), and (e) of subsection (1)
4711	of section 403.5271, Florida Statutes, are amended to read:
4712	403.5271  Alternate corridors.--
4713	(1)  No later than 45 days before the originally scheduled
4714	certification hearing, any party may propose alternate
4715	transmission line corridor routes for consideration under the
4716	provisions of this act.
4717	(b)1.  Within 7 days after receipt of the notice, the
4718	applicant and the department shall file with the administrative
4719	law judge and all parties a notice of acceptance or rejection of
4720	a proposed alternate corridor for consideration. If the
4721	alternate corridor is rejected by the applicant or the
4722	department, the certification hearing and the public hearings
4723	shall be held as scheduled. If both the applicant and the
4724	department accept a proposed alternate corridor for
4725	consideration, the certification hearing and the public hearings
4726	shall be rescheduled, if necessary. If a filing for an alternate
4727	corridor is accepted for consideration by the department and the
4728	applicant, any newly affected local government must notify the
4729	administrative law judge and all parties not later than 10 days
4730	after the data concerning the alternate corridor has been
4731	determined complete as to whether the local government wishes to
4732	have such a public hearing. The local government is responsible
4733	for providing the location of the public hearing if held
4734	separately from the certification hearing. The provisions of s.
4735	403.527(4)(b) and (c) shall apply. Notice of the local hearings
4736	shall be published in accordance with s. 403.5363.
4737	2.  If rescheduled, the certification hearing shall be held
4738	no more than 90 days after the previously scheduled
4739	certification hearing, unless the data submitted under paragraph
4740	(d) is determined to be incomplete, in which case the
4741	rescheduled certification hearing shall be held no more than 105
4742	days after the previously scheduled certification hearing. If
4743	additional time is needed due to the alternate corridor crossing
4744	a local government jurisdiction that was not previously
4745	affected, the remainder of the schedule listed below shall be
4746	appropriately adjusted by the administrative law judge to allow
4747	that local government to prepare a report pursuant to s.
4748	403.526(2)(a)5. Notice that the certification hearing has been
4749	deferred due to the acceptance of the alternate corridor shall
4750	be published in accordance with s. 403.5363.
4751	(c)  Notice of the filing of the alternate corridor, of the
4752	revised time schedules, of the deadline for newly affected
4753	persons and agencies to file notice of intent to become a party,
4754	of the rescheduled hearing date, and of the proceedings shall be
4755	published by the alternate proponent in accordance with s.
4756	403.5363(2). If the notice is not timely published or does not
4757	meet the notice requirements, the alternate shall be deemed
4758	withdrawn.
4759	(e)1.  Reviewing agencies shall advise the department of
4760	any issues concerning completeness no later than 15 days after
4761	the submittal of the data required by paragraph (d). Within 22
4762	days after receipt of the data, the department shall issue a
4763	determination of completeness.
4764	2.  If the department determines that the data required by
4765	paragraph (d) is not complete, the party proposing the alternate
4766	corridor must file such additional data to correct the
4767	incompleteness. This additional data must be submitted within 14
4768	days after the determination by the department.
4769	3.  Reviewing agencies may advise the department of any
4770	issues concerning completeness of the additional data within 10
4771	days after the filing by the party proposing the alternate
4772	corridor. If the department, within 14 days after receiving the
4773	additional data, determines that the data remains incomplete,
4774	the incompleteness of the data is deemed a withdrawal of the
4775	proposed alternate corridor. The department may make its
4776	determination based on recommendations made by other affected
4777	agencies.
4778	Section 85.  Subsection (3) of section 403.5272, Florida
4779	Statutes, is amended to read:
4780	403.5272  Informational public meetings.--
4781	(3)  A local government or regional planning council that
4782	intends to conduct an informational public meeting must provide
4783	notice of the meeting, with notice sent to all parties listed in
4784	s. 403.527(2)(a), not less than 15 5 days before the meeting and
4785	to the general public in accordance with s. 403.5363(4).
4786	Section 86.  Subsection (1) of section 403.5312, Florida
4787	Statutes, is amended to read:
4788	403.5312  Filing of notice of certified corridor route.--
4789	(1)  Within 60 days after certification of a directly
4790	associated transmission line under ss. 403.501-403.518 or a
4791	transmission line corridor under ss. 403.52-403.5365, the
4792	applicant shall file with the department and, in accordance with
4793	s. 28.222, with the clerk of the circuit court for each county
4794	through which the corridor will pass, a notice of the certified
4795	route.
4796	Section 87.  Section 403.5363, Florida Statutes, is amended
4797	to read:
4798	403.5363  Public notices; requirements.--
4799	(1)(a)  The applicant shall arrange for the publication of
4800	the notices specified in paragraph (b).
4801	1.  The notices shall be published in newspapers of general
4802	circulation within counties crossed by the transmission line
4803	corridors proper for certification. The required newspaper
4804	notices for filing of an application and for the certification
4805	hearing shall be one-half page in size in a standard-size
4806	newspaper or a full page in a tabloid-size newspaper and
4807	published in a section of the newspaper other than the section
4808	for legal notices. These two notices must include a map
4809	generally depicting all transmission corridors proper for
4810	certification. A newspaper of general circulation shall be the
4811	newspaper within a county crossed by a transmission line
4812	corridor proper for certification which newspaper has the
4813	largest daily circulation in that county and has its principal
4814	office in that county. If the newspaper having the largest daily
4815	circulation has its principal office outside the county, the
4816	notices must appear in both the newspaper having the largest
4817	circulation in that county and in a newspaper authorized to
4818	publish legal notices in that county.
4819	2.  The department shall adopt rules specifying the content
4820	of the newspaper notices.
4821	3.  All notices published by the applicant shall be paid
4822	for by the applicant and shall be in addition to the application
4823	fee.
4824	(b)  Public notices that must be published under this
4825	section include:
4826	1.  The notice of the filing of an application, which must
4827	include a description of the proceedings required by this act.
4828	The notice must describe the provisions of s. 403.531(1) and (2)
4829	and give the date by which notice of intent to be a party or a
4830	petition to intervene in accordance with s. 403.527(2) must be
4831	filed. This notice must be published no more than 21 days after
4832	the application is filed. The notice shall, at a minimum, be
4833	one-half page in size in a standard-size newspaper or a full
4834	page in a tabloid-size newspaper. The notice must include a map
4835	generally depicting all transmission corridors proper for
4836	certification.
4837	2.  The notice of the certification hearing and any other
4838	public hearing held permitted under s. 403.527(4). The notice
4839	must include the date by which a person wishing to appear as a
4840	party must file the notice to do so. The notice of the
4841	originally scheduled certification hearing must be published at
4842	least 65 days before the date set for the certification hearing.
4843	The notice shall meet the size and map requirements set forth in
4844	subparagraph 1.
4845	3.  The notice of the cancellation of the certification
4846	hearing under s. 403.527(6), if applicable. The notice must be
4847	published at least 3 days before the date of the originally
4848	scheduled certification hearing. The notice shall, at a minimum,
4849	be one-fourth page in size in a standard-size newspaper or one-
4850	half page in a tabloid-size newspaper. The notice shall not
4851	require a map to be included.
4852	4.  The notice of the deferment of the certification
4853	hearing due to the acceptance of an alternate corridor under s.
4854	403.5272(1)(b)2. The notice must be published at least 7 days
4855	before the date of the originally scheduled certification
4856	hearing. The notice shall, at a minimum, be one-eighth page in
4857	size in a standard-size newspaper or one-fourth page in a
4858	tabloid-size newspaper. The notice shall not require a map to be
4859	included.
4860	5.  If the notice of the rescheduled certification hearing
4861	required of an alternate proponent under s. 403.5271(1)(c) is
4862	not timely published or does not meet the notice requirements
4863	such that an alternate corridor is withdrawn under the
4864	provisions of s. 403.5271(1)(c), the notice of the rescheduled
4865	hearing and any local hearings shall be provided by the
4866	applicant at least 30 days prior to the rescheduled
4867	certification hearing.
4868	6.4.  The notice of the filing of a proposal to modify the
4869	certification submitted under s. 403.5315, if the department
4870	determines that the modification would require relocation or
4871	expansion of the transmission line right-of-way or a certified
4872	substation.
4873	(2)(a)  Each The proponent of an alternate corridor shall
4874	arrange for newspaper notice of the publication of the filing of
4875	the proposal for an alternate corridor. If there is more than
4876	one alternate proponent, the proponents may jointly publish
4877	notice, so long as the content requirements below are met and
4878	the maps are legible.
4879	(b)  The notice shall specify, the revised time schedules,
4880	the date by which newly affected persons or agencies may file
4881	the notice of intent to become a party, and the date of the
4882	rescheduled hearing, and the date of any public hearing held
4883	under s. 403.5271(1)(b)1.
4884	(c)  A notice listed in this subsection must be published
4885	in a newspaper of general circulation within the county or
4886	counties crossed by the proposed alternate corridor and comply
4887	with the content, size, and map requirements set forth in this
4888	section paragraph (1)(a).
4889	(d)  The notice of the alternate corridor proposal must be
4890	published not less than 45 50 days before the rescheduled
4891	certification hearing.
4892	(3)  The department shall arrange for the publication of
4893	the following notices in the manner specified by chapter 120:
4894	(a)  The notice of the filing of an application and the
4895	date by which a person intending to become a party must file a
4896	petition to intervene or a notice of intent to be a party. The
4897	notice must be published no later than 21 days after the
4898	application has been filed.
4899	(b)  The notice of any administrative hearing for
4900	certification, if applicable. The notice must be published not
4901	less than 65 days before the date set for a hearing, except that
4902	notice for a rescheduled certification hearing after acceptance
4903	of an alternative corridor must be published not less than 50
4904	days before the date set for the hearing.
4905	(c)  The notice of the cancellation of a certification
4906	hearing under s. 403.527(6), if applicable. The notice must be
4907	published not later than 7 days before the date of the
4908	originally scheduled certification hearing.
4909	(d)  The notice of the deferment of the certification
4910	hearing due to the acceptance of an alternate corridor under s.
4911	403.5271(1)(b)2. The notice must be published at least 7 days
4912	before the date of the originally scheduled certification
4913	hearing.
4914	(e)(d)  The notice of the hearing before the siting board,
4915	if applicable.
4916	(f)(e)  The notice of stipulations, proposed agency action,
4917	or a petition for modification.
4918	(4)  A local government or regional planning council that
4919	proposes to conduct an informational public meeting pursuant to
4920	s. 403.5272 must publish notice of the meeting in a newspaper of
4921	general circulation within the county or counties in which the
4922	proposed electrical transmission line will be located no later
4923	than 7 days prior to the meeting. A newspaper of general
4924	circulation shall be the newspaper that has the largest daily
4925	circulation in that county and has its principal office in that
4926	county. If the newspaper with the largest daily circulation has
4927	its principal office outside the county, the notices shall
4928	appear in both the newspaper having the largest circulation in
4929	that county and in a newspaper authorized to publish legal
4930	notices in that county.
4931	Section 88.  Paragraphs (d) and (e) of subsection (1) of
4932	section 403.5365, Florida Statutes, are amended to read:
4933	403.5365  Fees; disposition.--The department shall charge
4934	the applicant the following fees, as appropriate, which, unless
4935	otherwise specified, shall be paid into the Florida Permit Fee
4936	Trust Fund:
4937	(1)  An application fee.
4938	(d)1.  Upon written request with proper itemized accounting
4939	within 90 days after final agency action by the siting board or
4940	the department or the written notification of the withdrawal of
4941	the application, the agencies that prepared reports under s.
4942	403.526 or s. 403.5271 or participated in a hearing under s.
4943	403.527 or s. 403.5271 may submit a written request to the
4944	department for reimbursement of expenses incurred during the
4945	certification proceedings. The request must contain an
4946	accounting of expenses incurred, which may include time spent
4947	reviewing the application, preparation of any studies required
4948	of the agencies by this act, agency travel and per diem to
4949	attend any hearing held under this act, and for the local
4950	government or regional planning council providing additional
4951	notice of the informational public meeting. The department shall
4952	review the request and verify whether a claimed expense is
4953	valid. Valid expenses shall be reimbursed; however, if the
4954	amount of funds available for reimbursement is insufficient to
4955	provide for full compensation to the agencies, reimbursement
4956	shall be on a prorated basis.
4957	2.  If the application review is held in abeyance for more
4958	than 1 year, the agencies may submit a request for reimbursement
4959	under subparagraph 1. This time period shall be measured from
4960	the date the applicant has provided written notification to the
4961	department that it desires to have the application review
4962	process placed on hold. The fee disbursement shall be processed
4963	in accordance with subparagraph 1.
4964	(e)  If any sums are remaining, the department shall retain
4965	them for its use in the same manner as is otherwise authorized
4966	by this section; however, if the certification application is
4967	withdrawn, the remaining sums shall be refunded to the applicant
4968	within 90 days after submittal of the written notification of
4969	withdrawal.
4970	Section 89.  Subsection (6) of section 403.814, Florida
4971	Statutes, is amended to read:
4972	403.814  General permits; delegation.--
4973	(6)  Construction and maintenance of electric transmission
4974	or distribution lines in wetlands by electric utilities, as
4975	defined in s. 366.02, shall be authorized by general permit
4976	provided the following provisions are implemented:
4977	(a)  All permanent fill shall be at grade. Fill shall be
4978	limited to that necessary for the electrical support structures,
4979	towers, poles, guy wires, stabilizing backfill, and at-grade
4980	access roads limited to 20-foot widths; and
4981	(b)  The permittee may utilize access and work areas
4982	limited to the following: a linear access area of up to 25 feet
4983	wide between electrical support structures, an access area of up
4984	to 25 feet wide to electrical support structures from the edge
4985	of the right-of-way, and a work area around the electrical
4986	support structures, towers, poles, and guy wires. These areas
4987	may be cleared to ground, including removal of stumps as
4988	necessary; and
4989	(c)  Vegetation within wetlands may be cut or removed no
4990	lower than the soil surface under the conductor, and 20 feet to
4991	either side of the outermost conductor, while maintaining the
4992	remainder of the project right-of-way within the wetland by
4993	selectively clearing vegetation which has an expected mature
4994	height above 14 feet. Brazilian pepper, Australian pine, and
4995	melaleuca shall be eradicated throughout the wetland portion of
4996	the right-of-way; and
4997	(d)  Erosion control methods shall be implemented as
4998	necessary to ensure that state water quality standards for
4999	turbidity are met. Diversion and impoundment of surface waters
5000	shall be minimized; and
5001	(e)  The proposed construction and clearing shall not
5002	adversely affect threatened and endangered species; and
5003	(f)  The proposed construction and clearing shall not
5004	result in a permanent change in existing ground surface
5005	elevation; and
5006	(g)  Where fill is placed in wetlands, the clearing to
5007	ground of forested wetlands is restricted to 4.0 acres per 10-
5008	mile section of the project, with no more than one impact site
5009	exceeding 0.5 acres. The impact site which exceeds 0.5 acres
5010	shall not exceed 2.0 acres. The total forested wetland clearing
5011	to the ground per 10-mile section shall not exceed 15 acres. The
5012	10-mile sections shall be measured from the beginning to the
5013	terminus, or vice versa, and the section shall not end in a
5014	wetland; and
5015	(h)  The general permit authorized by this subsection shall
5016	not apply in forested wetlands located within 550 feet from the
5017	shoreline of a named water body designated as an Outstanding
5018	Florida Water; and
5019	(i)  This subsection applies to transmission lines and
5020	appurtenances certified under part II of this chapter. However,
5021	the criteria of the general permit shall not affect the
5022	authority of the siting board to condition certification of
5023	transmission lines as authorized under part II of this chapter.
5024
5025	Maintenance of existing electric lines and clearing of
5026	vegetation in wetlands conducted without the placement of
5027	structures in wetlands or other dredge and fill activities does
5028	not require an individual or general construction permit. For
5029	the purpose of this subsection, wetlands shall mean the landward
5030	extent of waters of the state regulated under s. 403.927 ss.
5031	403.91-403.929 and isolated and nonisolated wetlands regulated
5032	under part IV of chapter 373. The provisions provided in this
5033	subsection apply to the permitting requirements of the
5034	department, any water management district, and any local
5035	government implementing part IV of chapter 373 or part VIII of
5036	this chapter.
5037	Section 90.  Section 489.145, Florida Statutes, is amended
5038	to read:
5039	489.145  Guaranteed energy, water, and wastewater
5040	performance savings contracting.--
5041	(1)  SHORT TITLE.--This section may be cited as the
5042	"Guaranteed Energy, Water, and Wastewater Performance Savings
5043	Contracting Act."
5044	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
5045	investment in energy, water, and wastewater efficiency and
5046	conservation measures in agency facilities can reduce the amount
5047	of energy and water consumed and wastewater produced and produce
5048	immediate and long-term savings. It is the policy of this state
5049	to encourage each agency agencies to invest in energy, water,
5050	and wastewater efficiency and conservation measures that reduce
5051	energy consumption, produce a cost savings for the agency, and
5052	improve the quality of indoor air in public facilities and to
5053	operate, maintain, and, when economically feasible, build or
5054	renovate existing agency facilities in such a manner as to
5055	minimize energy and water consumption and wastewater production
5056	and maximize energy, water, and wastewater savings. It is
5057	further the policy of this state to encourage agencies to
5058	reinvest any energy savings resulting from energy, water, and
5059	wastewater efficiency and conservation measures in additional
5060	energy, water, and wastewater efficiency and conservation
5061	measures efforts.
5062	(3)  DEFINITIONS.--As used in this section, the term:
5063	(a)  "Agency" means the state, a municipality, or a
5064	political subdivision.
5065	(b)  "Energy, water, and wastewater efficiency and
5066	conservation measure" means a training program incidental to the
5067	contract, facility alteration, or equipment purchase to be used
5068	in new construction, including an addition to an existing
5069	facilities or infrastructure facility, which reduces energy or
5070	water consumption, wastewater production, or energy-related
5071	operating costs and includes, but is not limited to:
5072	1.  Insulation of the facility structure and systems within
5073	the facility.
5074	2.  Storm windows and doors, caulking or weatherstripping,
5075	multiglazed windows and doors, heat-absorbing, or heat-
5076	reflective, glazed and coated window and door systems,
5077	additional glazing, reductions in glass area, and other window
5078	and door system modifications that reduce energy consumption.
5079	3.  Automatic energy control systems.
5080	4.  Heating, ventilating, or air-conditioning system
5081	modifications or replacements.
5082	5.  Replacement or modifications of lighting fixtures to
5083	increase the energy efficiency of the lighting system, which, at
5084	a minimum, must conform to the applicable state or local
5085	building code.
5086	6.  Energy recovery systems.
5087	7.  Cogeneration systems that produce steam or forms of
5088	energy such as heat, as well as electricity, for use primarily
5089	within a facility or complex of facilities.
5090	8.  Energy conservation measures that reduce British
5091	thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
5092	consumed or provide long-term operating cost reductions or
5093	significantly reduce Btu consumed.
5094	9.  Renewable energy systems, such as solar, biomass, or
5095	wind systems.
5096	10.  Devices that reduce water consumption or sewer
5097	charges.
5098	11.  Energy storage systems, such as fuel cells and thermal
5099	storage.
5100	12.  Energy-generating generating technologies, such as
5101	microturbines.
5102	13.  Any other repair, replacement, or upgrade of existing
5103	equipment.
5104	(c)  "Energy, water, or wastewater cost savings" means a
5105	measured reduction in the cost of fuel, energy or water
5106	consumption, wastewater production, and stipulated operation and
5107	maintenance created from the implementation of one or more
5108	energy, water, or wastewater efficiency or conservation measures
5109	when compared with an established baseline for the previous cost
5110	of fuel, energy or water consumption, wastewater production, and
5111	stipulated operation and maintenance.
5112	(d)  "Guaranteed energy, water, and wastewater performance
5113	savings contract" means a contract for the evaluation,
5114	recommendation, and implementation of energy, water, or
5115	wastewater efficiency or conservation measures, which, at a
5116	minimum, shall include:
5117	1.  The design and installation of equipment to implement
5118	one or more of such measures and, if applicable, operation and
5119	maintenance of such measures.
5120	2.  The amount of any actual annual savings that meet or
5121	exceed total annual contract payments made by the agency for the
5122	contract and may include allowable cost avoidance if determined
5123	appropriate by the Chief Financial Officer.
5124	3.  The finance charges incurred by the agency over the
5125	life of the contract.
5126	(e)  "Guaranteed energy, water, and wastewater performance
5127	savings contractor" means a person or business that is licensed
5128	under chapter 471, chapter 481, or this chapter, and is
5129	experienced in the analysis, design, implementation, or
5130	installation of energy, water, and wastewater efficiency and
5131	conservation measures through energy performance contracts.
5132	(4)  PROCEDURES.--
5133	(a)  An agency may enter into a guaranteed energy, water,
5134	and wastewater performance savings contract with a guaranteed
5135	energy, water, and wastewater performance savings contractor to
5136	significantly reduce energy or water consumption, wastewater
5137	production, or energy-related operating costs of an agency
5138	facility through one or more energy, water, or wastewater
5139	efficiency or conservation measures.
5140	(b)  Before design and installation of energy, water, or
5141	wastewater efficiency and conservation measures, the agency must
5142	obtain from a guaranteed energy, water, and wastewater
5143	performance savings contractor a report that summarizes the
5144	costs associated with the energy, water, or wastewater
5145	efficiency and conservation measures or energy-related
5146	operational cost saving measures and provides an estimate of the
5147	amount of the energy cost savings. The agency and the guaranteed
5148	energy, water, and wastewater performance savings contractor may
5149	enter into a separate agreement to pay for costs associated with
5150	the preparation and delivery of the report; however, payment to
5151	the contractor shall be contingent upon the report's projection
5152	of energy, water, and wastewater cost savings being equal to or
5153	greater than the total projected costs of the design and
5154	installation of the report's energy conservation measures.
5155	(c)  The agency may enter into a guaranteed energy, water,
5156	and wastewater performance savings contract with a guaranteed
5157	energy, water, and wastewater performance savings contractor if
5158	the agency finds that the amount the agency would spend on the
5159	energy, water, and wastewater efficiency and conservation
5160	measures will not likely exceed the amount of the energy cost
5161	savings for up to 20 years from the date of installation, based
5162	on the life cycle cost calculations provided in s. 255.255, if
5163	the recommendations in the report were followed and if the
5164	qualified provider or providers give a written guarantee that
5165	the energy cost savings will meet or exceed the costs of the
5166	system. However, actual computed cost savings must meet or
5167	exceed the estimated cost savings provided in each agency's
5168	program approval. Baseline adjustments used in calculations must
5169	be specified in the contract. The contract may provide for
5170	installment payments for a period not to exceed 20 years.
5171	(d)  A guaranteed energy, water, and wastewater performance
5172	savings contractor must be selected in compliance with s.
5173	287.055; except that if fewer than three firms are qualified to
5174	perform the required services, the requirement for agency
5175	selection of three firms, as provided in s. 287.055(4)(b), and
5176	the bid requirements of s. 287.057 do not apply.
5177	(e)  Before entering into a guaranteed energy, water, and
5178	wastewater performance savings contract, an agency must provide
5179	published notice of the meeting in which it proposes to award
5180	the contract, the names of the parties to the proposed contract,
5181	and the contract's purpose.
5182	(f)  A guaranteed energy, water, and wastewater performance
5183	savings contract may provide for financing, including tax-exempt
5184	financing, by a third party. The contract for third-party third
5185	party financing may be separate from the energy, water, and
5186	wastewater performance contract. A separate contract for third-
5187	party third party financing under this paragraph must include a
5188	provision that the third-party third party financier must not be
5189	granted rights or privileges that exceed the rights and
5190	privileges available to the guaranteed energy, water, and
5191	wastewater performance savings contractor.
5192	(g)  Financing for guaranteed energy, water, and wastewater
5193	performance savings contracts may be provided under the
5194	authority of s. 287.064.
5195	(h)  The Office of the Chief Financial Officer shall review
5196	proposals from state agencies to ensure that the most effective
5197	financing is being used.
5198	(i)  Annually, the agency that has entered into the
5199	contract shall provide the Department of Management Services and
5200	the Chief Financial Officer the measurement and verification
5201	report required by the contract to validate that savings have
5202	occurred.
5203	(j)(g)  In determining the amount the agency will finance
5204	to acquire the energy, water, and wastewater efficiency and
5205	conservation measures, the agency may reduce such amount by the
5206	application of any grant moneys, rebates, or capital funding
5207	available to the agency for the purpose of buying down the cost
5208	of the guaranteed energy, water, and wastewater performance
5209	savings contract. However, in calculating the life cycle cost as
5210	required in paragraph (c), the agency shall not apply any
5211	grants, rebates, or capital funding.
5212	(5)  CONTRACT PROVISIONS.--
5213	(a)  A guaranteed energy, water, and wastewater performance
5214	savings contract must include a written guarantee that may
5215	include, but is not limited to the form of, a letter of credit,
5216	insurance policy, or corporate guarantee by the guaranteed
5217	energy, water, and wastewater performance savings contractor
5218	that annual energy cost savings will meet or exceed the
5219	amortized cost of energy, water, and wastewater efficiency and
5220	conservation measures.
5221	(b)  The guaranteed energy, water, and wastewater
5222	performance savings contract must provide that all payments,
5223	except obligations on termination of the contract before its
5224	expiration, may be made over time, but not to exceed 20 years
5225	from the date of complete installation and acceptance by the
5226	agency, and that the annual savings are guaranteed to the extent
5227	necessary to make annual payments to satisfy the guaranteed
5228	energy, water, and wastewater performance savings contract.
5229	(c)  The guaranteed energy, water, and wastewater
5230	performance savings contract must require that the guaranteed
5231	energy, water, and wastewater performance savings contractor to
5232	whom the contract is awarded provide a 100-percent public
5233	construction bond to the agency for its faithful performance, as
5234	required by s. 255.05.
5235	(d)  The guaranteed energy, water, and wastewater
5236	performance savings contract may contain a provision allocating
5237	to the parties to the contract any annual energy cost savings
5238	that exceed the amount of the energy cost savings guaranteed in
5239	the contract.
5240	(e)  The guaranteed energy, water, and wastewater
5241	performance savings contract shall require the guaranteed
5242	energy, water, and wastewater performance savings contractor to
5243	provide to the agency an annual reconciliation of the guaranteed
5244	energy or associated cost savings. If the reconciliation reveals
5245	a shortfall in annual energy or associated cost savings, the
5246	guaranteed energy, water, and wastewater performance savings
5247	contractor is liable for such shortfall. If the reconciliation
5248	reveals an excess in annual energy cost savings, the excess
5249	savings may be allocated under paragraph (d) but may not be used
5250	to cover potential energy or associated cost savings shortages
5251	in subsequent contract years.
5252	(f)  The guaranteed energy, water, and wastewater
5253	performance savings contract must provide for payments of not
5254	less than one-twentieth of the price to be paid within 2 years
5255	from the date of the complete installation and acceptance by the
5256	agency using straight-line amortization for the term of the
5257	loan, and the remaining costs to be paid at least quarterly, not
5258	to exceed a 20-year term, based on life cycle cost calculations.
5259	(g)  The guaranteed energy, water, and wastewater
5260	performance savings contract may extend beyond the fiscal year
5261	in which it becomes effective; however, the term of any contract
5262	expires at the end of each fiscal year and may be automatically
5263	renewed annually for up to 20 years, subject to the agency
5264	making sufficient annual appropriations based upon continued
5265	realized energy, water, and wastewater savings.
5266	(h)  The guaranteed energy, water, and wastewater
5267	performance savings contract must stipulate that it does not
5268	constitute a debt, liability, or obligation of the state.
5269	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
5270	Department of Management Services, with the assistance of the
5271	Office of the Chief Financial Officer, shall may, within
5272	available resources, provide technical content assistance to
5273	state agencies contracting for energy, water, and wastewater
5274	efficiency and conservation measures and engage in other
5275	activities considered appropriate by the department for
5276	promoting and facilitating guaranteed energy, water, and
5277	wastewater performance contracting by state agencies. The
5278	Department of Management Services shall review the investment-
5279	grade audit for each proposed project and certify that the cost
5280	savings are appropriate and sufficient for the term of the
5281	contract. The Office of the Chief Financial Officer, with the
5282	assistance of the Department of Management Services, shall may,
5283	within available resources, develop model contractual and
5284	related documents for use by state agencies. Prior to entering
5285	into a guaranteed energy, water, and wastewater performance
5286	savings contract, any contract or lease for third-party
5287	financing, or any combination of such contracts, a state agency
5288	shall submit such proposed contract or lease to the Office of
5289	the Chief Financial Officer for review and approval. A proposed
5290	contract or lease shall include:
5291	(a)  Supporting information required by s. 216.023(4)(a)9.
5292	in ss. 287.063(5) and 287.064(11). For contracts approved under
5293	this section, the criteria may, add a minimum, include the
5294	specification of a benchmark cost of capital and minimum real
5295	rate of return on energy, water, or wastewater savings against
5296	which proposals shall be evaluated.
5297	(b)  Documentation supporting recurring funds requirements
5298	in ss. 287.063(5) and 287.064(11).
5299	(c)  Approval by the head of the agency or his or her
5300	designee.
5301	(d)  An agency measurement and verification plan to monitor
5302	cost savings.
5303	(7)  FUNDING SUPPORT.--For purposes of consolidated
5304	financing of deferred payment commodity contracts under this
5305	section by an agency, any such contract must be supported from
5306	available funds appropriated to the agency in an appropriation
5307	category, as defined in chapter 216, that the Chief Financial
5308	Officer has determined is appropriate or that the Legislature
5309	has designated for payment of the obligation incurred under this
5310	section.
5311
5312	The Office of the Chief Financial Officer shall not approve any
5313	contract submitted under this section from a state agency that
5314	does not meet the requirements of this section.
5315	Section 91.  Section 526.201, Florida Statutes, is created
5316	to read:
5317	526.201  Short title.--Sections 526.201-526.207 may be
5318	cited as the "Florida Renewable Fuel Standard Act."
5319	Section 92.  Section 526.202, Florida Statutes, is created
5320	to read:
5321	526.202  Legislative findings.--The Legislature finds it is
5322	vital to the public interest and to the state's economy to
5323	establish a market and the necessary infrastructure for
5324	renewable fuels in this state by requiring that all gasoline
5325	fuel offered for sale in this state include a percentage of
5326	agriculturally derived, denatured ethanol. The Legislature
5327	further finds that the use of renewable fuel reduces greenhouse
5328	gas emissions and dependence on imports of foreign oil, improves
5329	the health and quality of life for Floridians, and stimulates
5330	economic development and the creation of a sustainable industry
5331	that combines agricultural production with state-of-the-art
5332	technology.
5333	Section 93.  Section 526.203, Florida Statutes, is created
5334	to read:
5335	526.203  Renewable fuel standard.--
5336	(1)  DEFINITIONS.--As used in this act:
5337	(a)  "Blender," "importer," "terminal supplier," and
5338	"wholesaler" are defined as provided in s. 206.01.
5339	(b)  "Blended gasoline" means a mixture of 90 percent
5340	gasoline and 10 percent fuel ethanol meeting the specifications
5341	adopted by the Department of Agriculture and Consumer Services.
5342	The 10-percent fuel ethanol portion may be derived from any
5343	agricultural source.
5344	(c)  "Fuel ethanol" means an anhydrous denatured alcohol
5345	produced by the conversion of carbohydrates meeting the
5346	specifications adopted by the Department of Agriculture and
5347	Consumer Services.
5348	(d)  "Unblended gasoline" means gasoline that has not been
5349	blended with fuel ethanol meeting the specifications adopted by
5350	the Department of Agriculture and Consumer Services.
5351	(e)  "10 percent" means 9 to 10 percent ethanol by volume.
5352	(2)  FUEL STANDARD.--Beginning December 31, 2010, all
5353	gasoline sold or offered for sale in the state by a terminal
5354	supplier, importer, blender, or wholesaler shall contain, at a
5355	minimum, 10 percent of agriculturally derived, denatured fuel
5356	ethanol by volume.
5357	(3)  EXEMPTIONS.--The requirements of this act do not apply
5358	to the following:
5359	(a)  Fuel used in aircraft.
5360	(b)  Fuel sold at marinas and mooring docks for use in
5361	boats and similar watercraft.
5362	(c)  Fuel sold to a blender.
5363	(d)  Fuel sold for use in collector vehicles or vehicles
5364	eligible to be licensed as collector vehicles, off-road
5365	vehicles, motorcycles, or small engines.
5366	(e)  Fuel unable to comply due to requirements of the
5367	United States Environmental Protection Agency.
5368	(f)  Fuel bulk transferred between terminals.
5369	(g)  Fuel exported from the state in accordance with s.
5370	206.052.
5371	(h)  Fuel qualifying for any exemption in accordance with
5372	chapter 206.
5373	(i)  Fuel at an electric power plant that is regulated by
5374	the United States Nuclear Regulatory Commission unless such
5375	commission has approved the use of fuel meeting the requirements
5376	of subsection (2).
5377	(j)  Fuel for a railroad locomotive.
5378	(k)  Fuel for equipment, including vehicles or vessels,
5379	covered by a warranty that would be voided, if explicitly stated
5380	in writing by the manufacturer, if it were to be operated using
5381	fuel meeting the requirements of subsection (2).
5382	(4)  REPORT.--Pursuant to s. 206.43, each terminal
5383	supplier, importer, blender, and wholesaler shall include in its
5384	report to the Department of Revenue the number of gallons of
5385	gasoline fuel meeting and not meeting the requirements of this
5386	act that are sold and delivered by the terminal supplier,
5387	importer, blender, or wholesaler in the state and the county to
5388	which the gasoline was delivered for resale at retail or use.
5389	Section 94.  Section 526.204, Florida Statutes, is created
5390	to read:
5391	526.204  Waivers and suspensions.--
5392	(1)  If a terminal supplier, importer, blender, or
5393	wholesaler is unable to obtain fuel ethanol or blended gasoline
5394	at the same or a lower price as unblended gasoline, the sale or
5395	delivery of unblended gasoline by the terminal supplier,
5396	importer, blender, or wholesaler shall not be deemed a violation
5397	of this act. The terminal supplier, importer, blender, or
5398	wholesaler shall, upon request of the Department of Revenue or
5399	the Department of Agriculture and Consumer Services, provide the
5400	required documentation regarding the sales transaction and price
5401	of fuel ethanol, blended gasoline, and unblended gasoline to the
5402	department making the request.
5403	(2)  To account for supply disruptions and ensure reliable
5404	supplies of motor fuels in the state, the requirements of this
5405	act shall be suspended when the provisions of s. 252.36(2) in
5406	any area of the state are in effect plus an additional 30 days.
5407	Section 95.  Section 526.205, Florida Statutes, is created
5408	to read:
5409	526.205  Enforcement.--
5410	(1)  It is unlawful to sell or distribute, or offer for
5411	sale or distribution, any gasoline that fails to meet the
5412	requirements of this act.
5413	(2)  Upon determining that a terminal supplier, importer,
5414	blender, or wholesaler is not meeting the requirements of s.
5415	526.203(2), the Department of Revenue shall notify the
5416	Department of Agriculture and Consumer Services.
5417	(3)  Upon notification by the Department of Revenue of a
5418	violation of this act, the Department of Agriculture and
5419	Consumer Services shall, subject to subsection (1), grant an
5420	extension or enter an order imposing one or more of the
5421	following penalties:
5422	(a)  Issuance of a warning letter.
5423	(b)  Imposition of an administrative fine of not more than
5424	$1,000 per violation for a first-time offender. For a second-
5425	time or repeat offender, or for any person who is shown to have
5426	willfully and intentionally violated any provision of this act,
5427	the administrative fine shall not exceed $5,000 per violation.
5428	When imposing any fine under this section, the department shall
5429	consider the monetary benefit to the violator as a result of
5430	noncompliance, whether the violation was committed willfully,
5431	and the compliance record of the violator.
5432	(4)  Any terminal supplier, importer, blender, or
5433	wholesaler may apply to the Department of Agriculture and
5434	Consumer Services by September 30, 2010, for an extension of
5435	time to comply with the requirements of this act. The
5436	application for an extension shall demonstrate that the
5437	applicant has made a good faith effort to comply with the
5438	requirements but has been unable to do so for reasons beyond the
5439	applicant's control, such as delays in receiving governmental
5440	permits. The department shall review each application and make a
5441	determination as to whether the failure to comply was beyond the
5442	control of the applicant. If the department determines that the
5443	applicant made a good faith effort to comply but was unable to
5444	do so for reasons beyond the applicant's control, the department
5445	shall grant an extension of time determined necessary for the
5446	applicant to comply. If no extension is granted, the department
5447	shall proceed with enforcement pursuant to subsection (3).
5448	Section 96.  Section 526.206, Florida Statutes, is created
5449	to read:
5450	526.206  Rules.--The Department of Revenue and the
5451	Department of Agriculture and Consumer Services are authorized
5452	to adopt rules pursuant to ss. 120.536(1) and 120.54 to
5453	implement the provisions of this act.
5454	Section 97.  Section 526.207, Florida Statutes, is created
5455	to read:
5456	526.207  Studies and reports.--
5457	(1)  The Florida Energy and Climate Commission shall
5458	conduct a study to evaluate and recommend the life-cycle
5459	greenhouse gas emissions associated with all renewable fuels,
5460	including, but not limited to, biodiesel, renewable diesel,
5461	biobutanol, and ethanol derived from any source. In addition,
5462	the commission shall evaluate and recommend a requirement that
5463	all renewable fuels introduced into commerce in the state, as a
5464	result of the renewable fuel standard, reduce the life-cycle
5465	greenhouse gas emissions by an average percentage. The
5466	commission may also evaluate and recommend any benefits
5467	associated with the creation, banking, transfer, and sale of
5468	credits among fuel refiners, blenders, and importers.
5469	(2)  The Florida Energy and Climate Commission shall submit
5470	a report containing specific recommendations to the President of
5471	the Senate and the Speaker of the House of Representatives no
5472	later than December 31, 2010.
5473	Section 98.  Paragraph (a) of subsection (6) of section
5474	553.73, Florida Statutes, is amended to read:
5475	553.73  Florida Building Code.--
5476	(6)(a)  The commission, by rule adopted pursuant to ss.
5477	120.536(1) and 120.54, shall update the Florida Building Code
5478	every 3 years. When updating the Florida Building Code, the
5479	commission shall select the most current version of the
5480	International Building Code, the International Fuel Gas Code,
5481	the International Mechanical Code, the International Plumbing
5482	Code, and the International Residential Code, all of which are
5483	adopted by the International Code Council, and the National
5484	Electrical Code, which is adopted by the National Fire
5485	Protection Association, to form the foundation codes of the
5486	updated Florida Building Code, if the version has been adopted
5487	by the applicable model code entity and made available to the
5488	public at least 6 months prior to its selection by the
5489	commission. The commission shall select the most current version
5490	of the International Energy Conservation Code (IECC) as a
5491	foundation code; however, the IECC shall be modified by the
5492	commission to maintain the overall efficiencies of the Florida
5493	Energy Efficiency Code for Building Construction adopted and
5494	amended pursuant to part IV of this chapter.
5495	Section 99.  Section 553.9061, Florida Statutes, is created
5496	to read:
5497	553.9061  Scheduled increases in thermal efficiency
5498	standards.--
5499	(1)  The purpose of this section is to establish a schedule
5500	of increases in the energy performance of buildings subject to
5501	the Florida Energy Efficiency Code for Building Construction.
5502	The Florida Building Commission shall:
5503	(a)  Include the necessary provisions by the 2010 edition
5504	of the Florida Energy Efficiency Code for Building Construction
5505	to increase the energy performance of new buildings by at least
5506	20 percent as compared to the energy efficiency provisions of
5507	the 2007 Florida Building Code adopted October 31, 2007.
5508	(b)  Increase energy efficiency requirements by the 2013
5509	edition of the Florida Energy Efficiency Code for Building
5510	Construction by at least 30 percent as compared to the energy
5511	efficiency provisions of the 2007 Florida Building Code adopted
5512	October 31, 2007.
5513	(c)  Increase energy efficiency requirements by the 2016
5514	edition of the Florida Energy Efficiency Code for Building
5515	Construction by at least 40 percent as compared to the energy
5516	efficiency provisions of the 2007 Florida Building Code adopted
5517	October 31, 2007.
5518	(d)  Increase energy efficiency requirements by the 2019
5519	edition of the Florida Energy Efficiency Code for Building
5520	Construction by at least 50 percent as compared to the energy
5521	efficiency provisions of the 2007 Florida Building Code adopted
5522	October 31, 2007.
5523	(2)  The Florida Building Commission shall identify within
5524	code support and compliance documentation the specific building
5525	options and elements available to meet the energy performance
5526	goals established in subsection (1).
5527	(3)  The Florida Building Commission shall, prior to
5528	implementing the goals established in subsection (1), adopt by
5529	rule and implement a cost-effectiveness test for proposed
5530	increases in energy efficiency. The cost-effectiveness test
5531	shall measure cost-effectiveness to the average consumer and
5532	shall ensure that energy efficiency increases result in a
5533	positive net financial impact to the average consumer. The rule
5534	shall not become effective until the conclusion of the next
5535	regular session of the Legislature following its adoption.
5536	Section 100.  Subsection (1) of section 553.909, Florida
5537	Statutes, is amended, subsections (3) and (4) are renumbered as
5538	subsections (4) and (5), respectively, and a new subsection (3)
5539	is added to that section, to read:
5540	553.909  Setting requirements for appliances; exceptions.--
5541	(1)  The Florida Energy Efficiency Code for Building
5542	Construction shall set the minimum requirements for commercial
5543	or residential swimming pool pumps, swimming pool water heaters,
5544	and heat traps and thermostat settings for water heaters used to
5545	heat potable water sold for residential use. The code shall
5546	further establish the minimum acceptable standby loss for
5547	electric water heaters and the minimum recovery efficiency and
5548	standby loss for water heaters fueled by natural gas or
5549	liquefied petroleum gas.
5550	(3)  Commercial or residential swimming pool pumps or water
5551	heaters sold after July 1, 2011, shall comply with the
5552	requirements of this subsection. Natural gas pool heaters shall
5553	not be equipped with constantly burning pilots. Heat pump pool
5554	heaters shall have a coefficient of performance at low
5555	temperature of not less than 4.0. The thermal efficiency of gas-
5556	fired pool heaters and oil-fired pool heaters shall not be less
5557	than 80 percent. All pool heaters shall have a readily
5558	accessible on-off switch that is mounted outside the heater and
5559	that allows shutting off the heater without adjusting the
5560	thermostat setting.
5561	Section 101.  Subsection (1) of section 553.957, Florida
5562	Statutes, is amended to read:
5563	553.957  Products covered by this part.--
5564	(1)  The provisions of this part apply to the testing,
5565	certification, and enforcement of energy conservation standards
5566	for the following types of new commercial and residential
5567	products sold in the state:
5568	(a)  Refrigerators, refrigerator-freezers, and freezers
5569	which can be operated by alternating current electricity,
5570	excluding:
5571	1.  Any type designed to be used without doors; and
5572	2.  Any type which does not include a compressor and
5573	condenser unit as an integral part of the cabinet assembly.
5574	(b)  Lighting equipment.
5575	(c)  Showerheads.
5576	(d)  Water heaters used to heat potable water in homes or
5577	businesses.
5578	(e)  Swimming pool pumps.
5579	(f)  Water heaters for swimming pools.
5580	(g)(d)  Any other type of consumer product which the
5581	department classifies as a covered product as specified in this
5582	part.
5583	Section 102.  (1)  By July 1, 2009, the Agency for
5584	Enterprise Information Technology shall define objective
5585	standards for:
5586	(a)  Measuring data center energy consumption and
5587	efficiency, including, but not limited to, airflow and cooling,
5588	power consumption and distribution, and environmental control
5589	systems in a data center facility.
5590	(b)  Calculating total cost of ownership of energy-
5591	efficient information technology products, including initial
5592	purchase, installation, ongoing operation and maintenance, and
5593	disposal costs over the life cycle of the product.
5594	(2)  State data centers and computing facilities designated
5595	by the Agency for Enterprise Information Technology shall
5596	evaluate their data center facilities for energy efficiency
5597	using the standards established pursuant to this section.
5598	(a)  Results of these evaluations shall be reported to the
5599	Agency for Enterprise Information Technology, the President of
5600	the Senate, and the Speaker of the House of Representatives.
5601	Reports shall enable the tracking of energy performance over
5602	time and comparisons between facilities.
5603	(b)  By December 31, 2010, and annually thereafter, the
5604	Agency for Enterprise Information Technology shall submit to the
5605	Legislature recommendations for reducing energy consumption and
5606	improving the energy efficiency of state data centers.
5607	(3)  When the total cost of ownership of an energy-
5608	efficient product is less than or equal to the cost of the
5609	existing data center facility or infrastructure, technical
5610	specifications for energy-efficient products should be
5611	incorporated in the plans and processes for replacing,
5612	upgrading, or expanding data center facilities or
5613	infrastructure, including, but not limited to, network, storage,
5614	or computer equipment and software.
5615	Section 103.  Section 1004.648, Florida Statutes, is
5616	created to read:
5617	1004.648  Florida Energy Systems Consortium.--
5618	(1)(a)  There is created the Florida Energy Systems
5619	Consortium to promote collaboration between experts in the State
5620	University System for the purpose of developing and implementing
5621	a comprehensive, long-term, environmentally compatible,
5622	sustainable, and efficient energy strategic plan for the state.
5623	The consortium shall focus on an overall broad systems approach
5624	from energy resource to consumer and for producing innovative
5625	energy systems that will lead to alternative energy strategies,
5626	improved energy efficiencies, and expanded economic development
5627	for the state.
5628	(b)  Through collaborative research and development across
5629	the State University System and industry, the goal of the
5630	consortium is to become a world leader in energy research,
5631	education, technology, and energy systems analysis. In so doing,
5632	the consortium shall:
5633	1.  Coordinate and initiate increased collaborative
5634	interdisciplinary energy research among universities and the
5635	energy industry.
5636	2.  Create a Florida energy technology industry.
5637	3.  Provide a state resource for objective energy systems
5638	analysis.
5639	4.  Develop education and outreach programs to prepare a
5640	qualified energy workforce and an informed public.
5641	5.  Expedite commercialization of innovative energy
5642	technologies by taking advantage of State University System
5643	energy expertise, high-technology incubators, industrial parks,
5644	and industry-driven research centers to attract companies to
5645	establish manufacturing in the state and transition technologies
5646	into the state economy.
5647	(2)  The consortium shall consist of the University of
5648	Florida, Florida State University, the University of South
5649	Florida, the University of Central Florida, and Florida Atlantic
5650	University. The consortium shall be administered at the
5651	University of Florida by a director who shall report to an
5652	oversight board, which shall consist of the Vice President for
5653	Research at each of the five universities. The board shall have
5654	ultimate responsibility for both the technical performance and
5655	financial management of the consortium. In performing its
5656	activities, the consortium shall collaborate with the Florida
5657	Energy and Climate Commission as well as with industry and other
5658	affected parties.
5659	(3)(a)  To promote collaboration between researchers within
5660	the State University System, with industry, and with other
5661	external partners, the consortium shall receive input from an
5662	external, industry-dominated advisory board.
5663	(b)  A university council, which shall consist of one
5664	member from each university designated by the corresponding Vice
5665	President for Research, shall provide guidance to the director
5666	on vision and direction.
5667	(c)  A steering committee, consisting of the advisory
5668	board, the chair of the Florida Energy and Climate Commission,
5669	and the university council, shall be responsible for
5670	establishing and assuring the success of the consortium's
5671	strategic plan.
5672	(4)  Through research and instructional programs, the
5673	faculty associated with the consortium shall coordinate a
5674	statewide workforce development initiative focusing on college-
5675	level degrees, technician training, and public and commercial
5676	sectors awareness. The consortium shall develop specific
5677	programs targeted at preparing graduates with a background in
5678	energy, continuing education courses for technical and
5679	nontechnical professionals, and modules, laboratories, and
5680	courses to be shared among the universities. The consortium
5681	shall work with the Florida Community College System using the
5682	Florida Advanced Technological Education Center for the
5683	coordination and design of industry-specific training programs
5684	for technicians.
5685	(5)  The consortium shall solicit and leverage state,
5686	federal, and private funds for the purpose of conducting
5687	education, research, and development in the area of sustainable
5688	energy. The oversight board shall ensure that the consortium
5689	maintains accurate records of any funds received by the
5690	consortium.
5691	(6)  By November 1 of each year, the consortium shall
5692	submit a report to the Governor, the President of the Senate,
5693	the Speaker of the House of Representatives, and the Florida
5694	Energy and Climate Commission regarding its activities,
5695	including, but not limited to, education, research, development,
5696	and deployment of alternative energy technologies.
5697	Section 104.  Woody biomass economic study.--The Department
5698	of Agriculture and Consumer Services, in conjunction with the
5699	Department of Environmental Protection, shall conduct an
5700	economic impact analysis on the effects of granting financial
5701	incentives to energy producers who use woody biomass as fuel,
5702	including an analysis of effects on wood supply and prices and
5703	impacts on current markets and forest sustainability. The
5704	departments shall prepare and submit a report on the results of
5705	the analysis to the Governor, the President of the Senate, and
5706	the Speaker of the House of Representatives no later than March
5707	1, 2010.
5708	Section 105.  Sections 377.701, 377.901, 553.951, 553.953,
5709	553.954, 553.955, 553.957, 553.959, 553.961, 553.963, 553.968,
5710	553.969, 553.971, 553.973, and 553.975, Florida Statutes, are
5711	repealed.
5712	Section 106.  Except as otherwise expressly provided in
5713	this act, this act shall take effect July 1, 2008.

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