HB 7135

1	A bill to be entitled
2	An act relating to energy; amending s. 74.051, F.S.;
3	providing that it is the intent of the Legislature for a
4	court, when practicable, to conduct a hearing and issue an
5	order on a petition for a taking within a specified time;
6	amending s. 110.171, F.S.; requiring each state agency to
7	complete a telecommuting program by a specified date which
8	includes a listing of the job classifications and
9	positions that the state agency considers appropriate for
10	telecommuting; providing requirements for the
11	telecommuting program; requiring each state agency to post
12	the telecommuting program on its Internet website;
13	amending s. 186.007, F.S.; authorizing the Executive
14	Office of the Governor to include in the state
15	comprehensive plan goals, objectives, and policies related
16	to energy and global climate change; amending s. 187.201,
17	F.S.; expanding the air quality, energy, and land use
18	goals of the State Comprehensive Plan to include the
19	development of low-carbon-emitting electric power plants,
20	the reduction of atmospheric carbon dioxide, the promotion
21	of the use and development of renewable energy resources,
22	and provide for the siting of low carbon emitting electric
23	power plants, including nuclear plants; amending ss.
24	196.012 and 196.175, F.S.; deleting outdated, obsolete
25	language; removing the expiration date of the property tax
26	exemption for real property on which a renewable energy
27	source device is installed and revising the options for
28	calculating the amount of the exemption; amending s.
29	206.43, F.S.; requiring each terminal supplier, importer,
30	blender, and wholesaler to provide in a report to the
31	Department of Revenue the number of gallons of blended and
32	unblended gasoline sold; amending s. 212.08, F.S.;
33	revising the definition of "ethanol"; specifying eligible
34	items as limited to one refund; requiring a person who
35	receives a refund to notify a subsequent purchaser of such
36	refund; transferring certain duties and responsibilities
37	from the Department of Environmental Protection to the
38	Florida Energy and Climate Commission; requiring the
39	Florida Energy and Climate Commission to adopt, by rule,
40	an application form for claiming a tax exemption; amending
41	s. 220.192, F.S.; defining terms related to a tax credit;
42	allowing the tax credit to be transferred for a specified
43	period; providing procedures and requirements; requiring
44	the Department of Revenue to adopt rules for
45	implementation and administration of the program;
46	transferring certain duties and responsibilities from the
47	Department of Environmental Protection to the Florida
48	Energy and Climate Commission; amending s. 220.193, F.S.;
49	defining the terms "sale" or "sold"; defining the term
50	"taxpayer"; providing for retroactivity; providing that
51	the use of the renewable energy production credit does not
52	reduce the alternative minimum tax credit; amending s.
53	253.02, F.S.; authorizing the Board of Trustees of the
54	Internal Improvement Trust Fund to delegate authority to
55	grant easements across lands owned by the Board of
56	Trustees of the Internal Improvement Trust Fund to the
57	Secretary of Environmental Protection under certain
58	conditions; amending s. 255.249, F.S.; requiring state
59	agencies to annually provide telecommuting plans to the
60	Department of Management Services; amending s. 255.251,
61	F.S.; creating the "Florida Energy Conservation and
62	Sustainable Buildings Act"; amending s. 255.252, F.S.;
63	providing findings and legislative intent; providing that
64	it is the policy of the state that buildings constructed
65	and financed by the state be designed to meet the United
66	States Green Building Council (USGBC) Leadership in Energy
67	and Environmental Design (LEED) rating system, the Green
68	Building Initiative's Green Globes rating system, the
69	Florida Green Building Coalition standards, or a
70	nationally recognized green building rating system as
71	approved by the department; requiring each state agency
72	occupying space owned or managed by the department to
73	identify and compile a list of projects suitable for a
74	guaranteed energy, water, and wastewater performance
75	savings contract; amending s. 255.253, F.S.; defining
76	terms relating to energy conservation for buildings;
77	amending s. 255.254, F.S.; prohibiting a state agency from
78	leasing or constructing a facility without having secured
79	from the department a proper evaluation of life-cycle
80	costs for the building; amending s. 255.255, F.S.;
81	requiring the department to use sustainable building
82	ratings for conducting a life-cycle cost analysis;
83	amending s. 255.257, F.S.; requiring all state agencies to
84	adopt an energy efficiency rating system as approved by
85	the department for all new buildings and renovations to
86	existing buildings; requiring all county, municipal,
87	school district, water management district, state
88	university, community college, and Florida state court
89	buildings to meet certain energy efficiency standards for
90	construction; providing applicability; creating a
91	sustainable building training certification program within
92	St. Petersburg College; specifying program components;
93	creating s. 286.29, F.S.; requiring the Department of
94	Management Services to develop the Florida Climate-
95	Friendly Preferred Products List; requiring state agencies
96	to consult the list and purchase products from the list if
97	the price is comparable; requiring state agencies to
98	contract for meeting and conference space with facilities
99	having the "Green Lodging" designation; authorizing the
100	Department of Environmental Protection to adopt rules;
101	requiring the department to establish voluntary technical
102	assistance programs for various businesses; requiring
103	state agencies, state universities, community colleges,
104	and local governments that purchase vehicles under a state
105	purchasing plan to maintain vehicles according to minimum
106	standards and follow certain procedures when procuring new
107	vehicles; requiring state agencies to use ethanol and
108	biodiesel-blended fuels when available; amending s.
109	287.063, F.S.; prohibiting the payment term for equipment
110	from exceeding the useful life of the equipment unless the
111	contract provides for the replacement or the extension of
112	the useful life of the equipment during the term of the
113	loan; amending s. 287.064, F.S.; authorizing an extension
114	of the master equipment financing agreement for energy
115	conservation equipment; requiring the guaranteed energy,
116	water, and wastewater savings contractor to provide for
117	the replacement or the extension of the useful life of the
118	energy conservation equipment during the term of the
119	contract; amending s. 288.1089, F.S.; defining the term
120	"alternative and renewable energy"; detailing the
121	conditions for an alternative and renewable energy project
122	to be eligible for an innovation incentive award; amending
123	s. 316.0741, F.S.; requiring all hybrid and other low-
124	emission and energy-efficient vehicles that do not meet
125	the minimum occupancy requirement and are driven in a
126	high-occupancy-vehicle lane to comply with federally
127	mandated minimum fuel economy standards; authorizing
128	specified vehicles to use certain high-occupancy-vehicle
129	lanes without payment of tolls; amending s. 337.401, F.S.;
130	requiring the Department of Environmental Protection to
131	adopt rules relating to the placement of and access to
132	aerial and underground electric transmission lines having
133	certain specifications; defining the term "base-load
134	generating facilities"; amending s. 339.175, F.S.;
135	requiring each metropolitan planning organization to
136	develop a long-range transportation plan and an annual
137	project priority list that, among other considerations,
138	provide for sustainable growth and reduce greenhouse gas
139	emissions; amending s. 350.01, F.S.; conforming the
140	beginning of a Public Service Commission member's term as
141	chair with the beginning of terms of commissioners;
142	correcting cross-references; amending s. 350.012, F.S.;
143	renaming the Committee on Public Service Commission
144	Oversight, a standing joint committee of the Legislature,
145	as the "Committee on Public Counsel Oversight"; deleting
146	the committee's authority to recommend to the Governor
147	nominees to fill vacancies on the Public Service
148	Commission; deleting the committee's authority to file an
149	ethics complaint against a member, former member, or
150	former employee of the commission or a member of the
151	Public Service Commission Nominating Council; amending s.
152	350.03, F.S.; clarifying the power of the Governor to
153	remove and fill commission vacancies as set forth in the
154	State Constitution; amending s. 350.031, F.S.; increasing
155	the number of members on the council; requiring the
156	President of the Senate and the Speaker of the House of
157	Representatives to appoint a chair and vice chair to the
158	council in alternating years; removing spending authority
159	for the council to advertise vacancies; requiring the
160	council to submit recommendations for vacancies on the
161	Public Service Commission to the Governor; requiring the
162	council to nominate a minimum of three persons for each
163	vacancy; revising the date that recommendations for
164	vacancies must be submitted; providing that a successor
165	Governor may remove an appointee only as provided;
166	providing for the council to fill a vacancy on the
167	commission if the Governor fails to do so; authorizing a
168	successor governor to recall an unconfirmed appointee
169	under certain circumstances; amending ss. 350.061 and
170	350.0614, F.S., relating to the appointment, oversight,
171	and compensation of the Public Counsel; conforming
172	provisions to changes made by the act; amending s. 366.04,
173	F.S.; requiring an affected municipal electric utility to
174	conduct a referendum election of all its retail electric
175	customers to determine whether to require the municipal
176	electric utility to provide a proposed charter
177	transferring the operations of the utility to an electric
178	utility authority; amending s. 366.81, F.S.; providing
179	legislative intent; amending s. 366.82, F.S.; defining the
180	term "demand-side renewable energy"; requiring the Public
181	Service Commission to adopt goals for increasing the
182	development of demand-side renewable energy systems energy
183	resources; providing for cost-effectiveness tests;
184	requiring the Florida Energy and Climate Commission to be
185	a party in the proceedings to adopt goals; providing for
186	an appropriations; providing for cost recovery;
187	authorizing the commission to provide financial rewards
188	and penalties; authorizing the commission to allow an
189	investor-owned utility to earn an additional return on
190	equity for exceeding energy efficiency and conservation
191	goals; amending s. 366.8255, F.S.; redefining the term
192	"environmental compliance costs" to include costs or
193	expenses prudently incurred for scientific research and
194	geological assessments of carbon capture and storage for
195	the purpose of reducing an electric utility's greenhouse
196	gas emissions; amending s. 366.91, F.S.; clarifying the
197	definition of "biomass" to include waste and byproducts;
198	requiring each public utility, and each municipal electric
199	utility and rural electric utility cooperative that sells
200	electricity at retail, to develop a standardized
201	interconnection and net metering program for customer-
202	owned renewable generation; authorizing net metering to be
203	available when a utility purchases power generated from
204	biogas produced by anaerobic digestion under certain
205	conditions; amending s. 366.92, F.S.; directing the Public
206	Service Commission to adopt a renewable portfolio
207	standard; providing definitions; providing for renewable
208	energy credits; providing for cost recovery; prohibiting
209	the renewable portfolio standard rule from taking effect
210	until ratified by the Legislature; amending s. 366.93,
211	F.S.; revising the definitions of "cost" and
212	"preconstruction"; requiring the Public Service Commission
213	to establish rules relating to cost recovery for the
214	construction of new, expanded, or relocated electrical
215	transmission lines and facilities for a nuclear power
216	plant; amending s. 377.601, F.S.; revising legislative
217	intent with respect to the need to implement alternative
218	energy technologies; providing for the transfer of the
219	Florida Energy Commission in the Office of Legislative
220	Services to the Florida Energy and Climate Commission in
221	the Executive Office of the Governor; creating s.
222	377.6015, F.S.; providing for the membership, meetings,
223	duties, and responsibilities of the Florida Energy and
224	Climate Commission; providing rulemaking authority;
225	amending s. 377.602, F.S.; revising the definition of
226	"energy resources"; providing for conforming changes;
227	providing for the type two transfer of the state energy
228	program in the Department of Environmental Protection to
229	the Florida Energy and Climate Commission in the Executive
230	Office of the Governor; amending ss. 377.603, 377.604,
231	377.605, 377.606, 377.608, 377.701, 377.703, and 377.705,
232	F.S.; providing for conforming changes; amending s.
233	377.801, F.S.; providing a short title; amending s.
234	377.802, F.S.; providing the purpose of the Florida Energy
235	and Climate Protection Act; amending s. 377.803, F.S.;
236	revising definitions; clarifying the definition of
237	"renewable energy" to include biomass, as defined in s.
238	366.91, F.S.; amending s. 377.804, F.S., relating to the
239	Renewable Energy and Energy-Efficient Technologies Grants
240	Program; providing for the program to include matching
241	grants for technologies that increase the energy
242	efficiency of vehicles and commercial buildings; providing
243	for the solicitation of expertise of other entities;
244	providing application requirements; amending s. 377.806,
245	F.S., relating to the Solar Energy System Incentives
246	Program; requiring compliance with the Florida Building
247	Code rather than local codes in order to be eligible for a
248	rebate under the program; creating s. 377.808, F.S.;
249	establishing the "Florida Green Government Grants Act";
250	providing for grants to be awarded to local governments in
251	the development of programs that achieve green standards;
252	amending ss. 380.23 and 403.031, F.S.; conforming cross-
253	references; creating s. 403.44, F.S.; creating the Florida
254	Climate Protection Act; defining terms; requiring the
255	Department of Environmental Protection to establish the
256	methodologies, reporting periods, and reporting systems
257	that must be used when major emitters report to The
258	Climate Registry; authorizing the department to adopt
259	rules for a cap-and-trade regulatory program to reduce
260	greenhouse gas emissions from major emitters; providing
261	for the content of the rule; prohibiting the rules from
262	being adopted until after January 1, 2010, and from
263	becoming effective until ratified by the Legislature;
264	amending s. 403.502, F.S.; providing legislative intent;
265	amending s. 403.503, F.S.; defining the term "alternate
266	corridor" and redefining the term "corridor" for purposes
267	of the Florida Electrical Power Plant Siting Act; amending
268	s. 403.504, F.S.; requiring the Department of
269	Environmental Protection to determine whether a proposed
270	alternate corridor is acceptable; amending s. 403.506,
271	F.S.; exempting an electric utility from obtaining
272	certification under the Florida Electrical Power Plant
273	Siting Act before constructing facilities for a power
274	plant using nuclear materials as fuel; providing that a
275	utility may obtain separate licenses, permits, and
276	approvals for such construction under certain
277	circumstances; exempting such provisions from review under
278	ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
279	applicant to submit a statement to the department if such
280	applicant opts for consideration of alternate corridors;
281	amending s. 403.5065, F.S.; providing for conforming
282	changes; amending s. 403.50663, F.S.; providing for notice
283	of meeting to the general public; amending s. 403.50665,
284	F.S.; requiring an application to include a statement on
285	the consistency of directly associated facilities
286	constituting a "development"; requiring the Department of
287	Environmental Protection to address at the certification
288	hearing the issue of compliance with land use plans and
289	zoning ordinances for a proposed substation located in or
290	along an alternate corridor; amending s. 403.507, F.S.;
291	providing for reports to be submitted to the department no
292	later than 100 days after certification application has
293	been determined complete; amending s. 403.508, F.S.;
294	providing for land use and certification hearings;
295	amending s. 403.509, F.S.; requiring the Governor and
296	Cabinet sitting as the siting board to certify the
297	corridor having the least adverse impact; authorizing the
298	board to deny certification or allow a party to amend its
299	proposal; amending s. 403.511, F.S.; providing for
300	conforming changes; amending s. 403.5112, F.S.; providing
301	for filing of notice; amending s. 403.5113, F.S.;
302	providing for postcertification amendments and
303	postcertification review; amending s. 403.5115, F.S.;
304	requiring the applicant proposing the alternate corridor
305	to publish all notices relating to the application;
306	requiring that such notices comply with certain
307	requirements; requiring that notices be published at least
308	45 days before the rescheduled certification hearing;
309	requiring applicants to make specified efforts to provide
310	notice to certain landowners and to file a list of such
311	notification with the Department of Environmental
312	Protection's Siting Coordination Office; amending ss.
313	403.516, 403.517, and 403.5175, F.S.; providing conforming
314	changes and cross-references; amending s. 403.518, F.S.;
315	authorizing the Department of Environmental Protection to
316	charge an application fee for an alternate corridor;
317	amending ss. 403.519, 403.5252, 403.526, 403.527,
318	403.5271, 403.5272, 403.5312, 403.5363, 403.5365, and
319	403.814, F.S., relating to determinations of need, public
320	notice requirements, and general permits; conforming
321	provisions to changes made by the act; creating s.
322	403.7055, F.S.; encouraging counties in the state to form
323	regional solutions to the capture and reuse or sale of
324	methane gas from landfills and wastewater treatment
325	facilities; requiring the Department of Environmental
326	Protection to provide guidelines and assistance; amending
327	s. 489.145, F.S.; creating s. 403.7032, F.S.; providing
328	legislative findings regarding recycling; providing for a
329	long-term goal of reducing the amount of solid waste
330	disposed of in the state by a certain percentage;
331	requiring the Department of Environmental Protection to
332	develop a comprehensive recycling program and submit such
333	program to the Legislature by a specified date; requiring
334	the Legislature's approval before implementing such
335	program; requiring that such program be developed in
336	coordination with other state and local entities, private
337	businesses, and the public; requiring that the program
338	contain certain components; creating s. 403.7033, F.S.,
339	requiring a departmental analysis of particular recyclable
340	materials; requiring a submission of a report; amending s.
341	403.706, F.S., requiring every county to implement a
342	composting plan to attain certain goals by a date certain;
343	provides for goal modifications upon demonstrated need to
344	the department; amending s. 489.145, F.S.; revising
345	provisions of the Guaranteed Energy, Water, and Wastewater
346	Performance Savings Contracting Act; requiring that each
347	proposed contract or lease contain certain agreements
348	concerning operational cost-saving measures; requiring the
349	Office of the Chief Financial Officer to review contract
350	proposals; redefining terms; requiring that certain
351	baseline information, supporting information, and
352	documentation be included in contracts; requiring the
353	Office of the Chief Financial Officer to review contract
354	proposals; providing audit requirements; requiring
355	contract approval by the Chief Financial Officer; creating
356	s. 526.201, F.S.; creating the "Florida Renewable Fuel
357	Standard Act"; creating s. 526.202, F.S.; establishing
358	legislative findings for the act; creating s. 526.203,
359	F.S.; providing definitions, fuel standard, exemptions,
360	and reporting; creating s. 526.204, F.S.; providing for
361	waivers; providing for suspension of standard requirement
362	during declared emergencies; creating s. 526.205, F.S.;
363	providing for enforcement of the act; providing for
364	extensions; creating s. 526.206, F.S.; providing for
365	rulemaking authority by the Department of Revenue and the
366	Department of Agriculture and Consumer Services; creating
367	s. 526.207, F.S.; requiring studies and reports by the
368	Florida Energy and Climate Commission; amending s. 553.73,
369	F.S.; requiring that the Florida Building Commission
370	select the most recent International Energy Conservation
371	Code as a foundation code; providing for modification of
372	the International Energy Conservation Code by the
373	commission under certain circumstances; creating s.
374	553.9061, F.S.; requiring the Florida Building Commission
375	to establish a schedule of increases in the energy
376	performance of buildings subject to the Florida Energy
377	Efficiency Code for Building Construction; amending s.
378	553.909, F.S.; requiring the Florida Energy Efficiency
379	Code for Building Construction to set minimum requirements
380	for certain commercial or residential appliances; creating
381	an undesignated statutory provision relating to the Agency
382	for Enterprise Information Technology; creating s.
383	1004.648, F.S.; establishing the Florida Energy Systems
384	Consortium consisting of specified state universities;
385	providing for membership and duties of the consortium;
386	providing for a director, an oversight board, and a
387	steering committee; requiring the consortium to submit an
388	annual report; requiring an economic impact analysis on
389	the effects of granting financial incentives to energy
390	producers who use woody biomass as fuel; repealing s.
391	377.901, F.S., relating to the Florida Energy Commission;
392	requiring the Public Service Commission to provide a
393	report to the Governor and the Legislature on utility
394	revenue decoupling; providing effective dates.
395
396	Be It Enacted by the Legislature of the State of Florida:
397
398	Section 1.  Subsection (3) of section 74.051, Florida
399	Statutes, is renumbered as subsection (4), and a new subsection
400	(3) is added to that section to read:
401	74.051  Hearing on order of taking.--
402	(3)  If a defendant requests a hearing pursuant to s.
403	74.041(3) and the petitioner is an electric utility that is
404	seeking to appropriate property necessary for an electric
405	generation plant, an associated facility of an electric
406	generation plant, an electric substation, or a power line, it is
407	the intent of the Legislature that the court, when practicable,
408	conduct the hearing no more than 120 days after the petition is
409	filed and issue its order of taking no more than 30 days after
410	the conclusion of the hearing.
411	Section 2.  Subsection (3) of section 110.171, Florida
412	Statutes, is amended, and subsection (4) is added to that
413	section, to read:
414	110.171  State employee telecommuting program.--
415	(3)  By September 30, 2009 October 1, 1994, each state
416	agency shall identify and maintain a current listing of the job
417	classifications and positions that the agency considers
418	appropriate for telecommuting. Agencies that adopt a state
419	employee telecommuting program must:
420	(a)  Give equal consideration to career service and exempt
421	positions in their selection of employees to participate in the
422	telecommuting program.
423	(b)  Provide that an employee's participation in a
424	telecommuting program will not adversely affect eligibility for
425	advancement or any other employment rights or benefits.
426	(c)  Provide that participation by an employee in a
427	telecommuting program is voluntary, and that the employee may
428	elect to cease to participate in a telecommuting program at any
429	time.
430	(d)  Adopt provisions to allow for the termination of an
431	employee's participation in the program if the employee's
432	continued participation would not be in the best interests of
433	the agency.
434	(e)  Provide that an employee is not currently under a
435	performance improvement plan in order to participate in the
436	program.
437	(f)  Ensure that employees participating in the program are
438	subject to the same rules regarding attendance, leave,
439	performance reviews, and separation action as are other
440	employees.
441	(g)  Establish the reasonable conditions that the agency
442	plans to impose in order to ensure the appropriate use and
443	maintenance of any equipment or items provided for use at a
444	participating employee's home or other place apart from the
445	employee's usual place of work, including the installation and
446	maintenance of any telephone equipment and ongoing
447	communications costs at the telecommuting site which is to be
448	used for official use only.
449	(h)  Prohibit state maintenance of an employee's personal
450	equipment used in telecommuting, including any liability for
451	personal equipment and costs for personal utility expenses
452	associated with telecommuting.
453	(i)  Describe the security controls that the agency
454	considers appropriate.
455	(j)  Provide that employees are covered by workers'
456	compensation under chapter 440, when performing official duties
457	at an alternate worksite, such as the home.
458	(k)  Prohibit employees engaged in a telecommuting program
459	from conducting face-to-face state business at the homesite.
460	(l)  Require a written agreement that specifies the terms
461	and conditions of telecommuting, which includes verification by
462	the employee that the home office provides work space that is
463	free of safety and fire hazards, together with an agreement
464	which holds the state harmless against any and all claims,
465	excluding workers' compensation claims, resulting from an
466	employee working in the home office, and which must be signed
467	and agreed to by the telecommuter and the supervisor.
468	(m)  Provide measureable financial benefits associated with
469	reduced office space requirements, reductions in energy
470	consumption, and reductions in associated emissions of
471	greenhouse gases resulting from telecommuting. State agencies
472	operating in office space owned or managed by the department
473	shall consult the facilities program to ensure its consistency
474	with the strategic leasing plan required under s. 255.249(3)(b).
475	(4)  The telecommuting program for each state agency and
476	pertinent supporting documents shall be posted on the agency's
477	Internet website to allow access by employees and the public.
478	Section 3.  Subsection (3) of section 186.007, Florida
479	Statutes, is amended to read:
480	186.007  State comprehensive plan; preparation; revision.--
481	(3)  In the state comprehensive plan, the Executive Office
482	of the Governor may include goals, objectives, and policies
483	related to the following program areas: economic opportunities;
484	agriculture; employment; public safety; education; health
485	concerns; social welfare concerns; housing and community
486	development; natural resources and environmental management;
487	energy; global climate change; recreational and cultural
488	opportunities; historic preservation; transportation; and
489	governmental direction and support services.
490	Section 4.  Subsections (10), (11), and (15) of section
491	187.201, Florida Statutes, are amended to read:
492	187.201  State Comprehensive Plan adopted.--The Legislature
493	hereby adopts as the State Comprehensive Plan the following
494	specific goals and policies:
495	(10)  AIR QUALITY.--
496	(a)  Goal.--Florida shall comply with all national air
497	quality standards by 1987, and by 1992 meet standards which are
498	more stringent than 1985 state standards.
499	(b)  Policies.--
500	1.  Improve air quality and maintain the improved level to
501	safeguard human health and prevent damage to the natural
502	environment.
503	2.  Ensure that developments and transportation systems are
504	consistent with the maintenance of optimum air quality.
505	3.  Reduce sulfur dioxide and nitrogen oxide emissions and
506	mitigate their effects on the natural and human environment.
507	4.  Encourage the use of alternative energy resources that
508	do not degrade air quality.
509	5.  Ensure, at a minimum, that power plant fuel conversion
510	does not result in higher levels of air pollution.
511	6.  Encourage the development of low-carbon-emitting
512	electric power plants.
513	(11)  ENERGY.--
514	(a)  Goal.--Florida shall reduce its energy requirements
515	through enhanced conservation and efficiency measures in all
516	end-use sectors and shall reduce atmospheric carbon dioxide by,
517	while at the same time promoting an increased use of renewable
518	energy resources and low-carbon-emitting electric power plants.
519	(b)  Policies.--
520	1.  Continue to reduce per capita energy consumption.
521	2.  Encourage and provide incentives for consumer and
522	producer energy conservation and establish acceptable energy
523	performance standards for buildings and energy consuming items.
524	3.  Improve the efficiency of traffic flow on existing
525	roads.
526	4.  Ensure energy efficiency in transportation design and
527	planning and increase the availability of more efficient modes
528	of transportation.
529	5.  Reduce the need for new power plants by encouraging
530	end-use efficiency, reducing peak demand, and using cost-
531	effective alternatives.
532	6.  Increase the efficient use of energy in design and
533	operation of buildings, public utility systems, and other
534	infrastructure and related equipment.
535	7.  Promote the development and application of solar energy
536	technologies and passive solar design techniques.
537	8.  Provide information on energy conservation through
538	active media campaigns.
539	9.  Promote the use and development of renewable energy
540	resources and low-carbon-emitting electric power plants.
541	10.  Develop and maintain energy preparedness plans that
542	will be both practical and effective under circumstances of
543	disrupted energy supplies or unexpected price surges.
544	(15)  LAND USE.--
545	(a)  Goal.--In recognition of the importance of preserving
546	the natural resources and enhancing the quality of life of the
547	state, development shall be directed to those areas which have
548	in place, or have agreements to provide, the land and water
549	resources, fiscal abilities, and service capacity to accommodate
550	growth in an environmentally acceptable manner.
551	(b)  Policies.--
552	1.  Promote state programs, investments, and development
553	and redevelopment activities which encourage efficient
554	development and occur in areas which will have the capacity to
555	service new population and commerce.
556	2.  Develop a system of incentives and disincentives which
557	encourages a separation of urban and rural land uses while
558	protecting water supplies, resource development, and fish and
559	wildlife habitats.
560	3.  Enhance the livability and character of urban areas
561	through the encouragement of an attractive and functional mix of
562	living, working, shopping, and recreational activities.
563	4.  Develop a system of intergovernmental negotiation for
564	siting locally unpopular public and private land uses which
565	considers the area of population served, the impact on land
566	development patterns or important natural resources, and the
567	cost-effectiveness of service delivery.
568	5.  Encourage and assist local governments in establishing
569	comprehensive impact-review procedures to evaluate the effects
570	of significant development activities in their jurisdictions.
571	6.  Consider, in land use planning and regulation, the
572	impact of land use on water quality and quantity; the
573	availability of land, water, and other natural resources to meet
574	demands; and the potential for flooding.
575	7.  Provide educational programs and research to meet
576	state, regional, and local planning and growth-management needs.
577	8.  Provide for the siting of low-carbon-emitting electric
578	power plants, including nuclear power plants, to meet the
579	state's determined need for electric power generation.
580	Section 5.  Subsection (14) of section 196.012, Florida
581	Statutes, is amended to read:
582	196.012  Definitions.--For the purpose of this chapter, the
583	following terms are defined as follows, except where the context
584	clearly indicates otherwise:
585	(14)  "Renewable energy source device" or "device" means
586	any of the following equipment which, when installed in
587	connection with a dwelling unit or other structure, collects,
588	transmits, stores, or uses solar energy, wind energy, or energy
589	derived from geothermal deposits:
590	(a)  Solar energy collectors.
591	(b)  Storage tanks and other storage systems, excluding
592	swimming pools used as storage tanks.
593	(c)  Rockbeds.
594	(d)  Thermostats and other control devices.
595	(e)  Heat exchange devices.
596	(f)  Pumps and fans.
597	(g)  Roof ponds.
598	(h)  Freestanding thermal containers.
599	(i)  Pipes, ducts, refrigerant handling systems, and other
600	equipment used to interconnect such systems; however,
601	conventional backup systems of any type are not included in this
602	definition.
603	(j)  Windmills.
604	(k)  Wind-driven generators.
605	(l)  Power conditioning and storage devices that use wind
606	energy to generate electricity or mechanical forms of energy.
607	(m)  Pipes and other equipment used to transmit hot
608	geothermal water to a dwelling or structure from a geothermal
609	deposit.
610
611	"Renewable energy source device" or "device" also means any heat
612	pump with an energy efficiency ratio (EER) or a seasonal energy
613	efficiency ratio (SEER) exceeding 8.5 and a coefficient of
614	performance (COP), exceeding 2.8; waste heat recovery system; or
615	water heating system the primary heat source of which is a
616	dedicated heat pump or the otherwise unused capacity of a heat
617	pump heating, ventilating, and air-conditioning system, provided
618	such device is installed in a structure substantially complete
619	before January 1, 1985, and whether or not solar energy, wind
620	energy, or energy derived from geothermal deposits is collected,
621	transmitted, stored, or used by such device.
622	Section 6.  Section 196.175, Florida Statutes, is amended
623	to read:
624	196.175  Renewable energy source exemption.--
625	(1)  Improved real property upon which a renewable energy
626	source device is installed and operated shall be entitled to an
627	exemption in the amount of not greater than the lesser of:
628	(a)  The assessed value of such real property less any
629	other exemptions applicable under this chapter;
630	(b)  the original cost of the device, including the
631	installation cost thereof, but excluding the cost of replacing
632	previously existing property removed or improved in the course
633	of such installation; or
634	(c)  Eight percent of the assessed value of such property
635	immediately following installation.
636	(2)  The exempt amount authorized under subsection (1)
637	shall apply in full if the device was installed and operative
638	throughout the 12-month period preceding January 1 of the year
639	of application for this exemption. If the device was operative
640	for a portion of that period, the exempt amount authorized under
641	this section shall be reduced proportionally.
642	(3)  It shall be the responsibility of the applicant for an
643	exemption pursuant to this section to demonstrate affirmatively
644	to the satisfaction of the property appraiser that he or she
645	meets the requirements for exemption under this section and that
646	the original cost pursuant to paragraph (1)(b) and the period
647	for which the device was operative, as indicated on the
648	exemption application, are correct.
649	(4)  No exemption authorized pursuant to this section shall
650	be granted for a period of more than 10 years. No exemption
651	shall be granted with respect to renewable energy source devices
652	installed before January 1, 2009 1980, or after December 31,
653	1990.
654	Section 7.  Subsection (2) of section 206.43, Florida
655	Statutes, is amended to read:
656	206.43  Terminal supplier, importer, exporter, blender, and
657	wholesaler to report to department monthly; deduction.--The
658	taxes levied and assessed as provided in this part shall be paid
659	to the department monthly in the following manner:
660	(2)(a)  Such report may show in detail the number of
661	gallons so sold and delivered by the terminal supplier,
662	importer, exporter, blender, or wholesaler in the state, and the
663	destination as to the county in the state to which the motor
664	fuel was delivered for resale at retail or use shall be
665	specified in the report. The total taxable gallons sold shall
666	agree with the total gallons reported to the county destinations
667	for resale at retail or use. All gallons of motor fuel sold
668	shall be invoiced and shall name the county of destination for
669	resale at retail or use.
670	(b)  Each terminal supplier, importer, blender, and
671	wholesaler shall also include in the report to the department
672	the number of gallons of blended and unblended gasoline, as
673	defined in s. 526.203, sold.
674	Section 8.  Paragraph (ccc) of subsection (7) of section
675	212.08, Florida Statutes, is amended to read:
676	212.08  Sales, rental, use, consumption, distribution, and
677	storage tax; specified exemptions.--The sale at retail, the
678	rental, the use, the consumption, the distribution, and the
679	storage to be used or consumed in this state of the following
680	are hereby specifically exempt from the tax imposed by this
681	chapter.
682	(7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
683	entity by this chapter do not inure to any transaction that is
684	otherwise taxable under this chapter when payment is made by a
685	representative or employee of the entity by any means,
686	including, but not limited to, cash, check, or credit card, even
687	when that representative or employee is subsequently reimbursed
688	by the entity. In addition, exemptions provided to any entity by
689	this subsection do not inure to any transaction that is
690	otherwise taxable under this chapter unless the entity has
691	obtained a sales tax exemption certificate from the department
692	or the entity obtains or provides other documentation as
693	required by the department. Eligible purchases or leases made
694	with such a certificate must be in strict compliance with this
695	subsection and departmental rules, and any person who makes an
696	exempt purchase with a certificate that is not in strict
697	compliance with this subsection and the rules is liable for and
698	shall pay the tax. The department may adopt rules to administer
699	this subsection.
700	(ccc)  Equipment, machinery, and other materials for
701	renewable energy technologies.--
702	1.  As used in this paragraph, the term:
703	a.  "Biodiesel" means the mono-alkyl esters of long-chain
704	fatty acids derived from plant or animal matter for use as a
705	source of energy and meeting the specifications for biodiesel
706	and biodiesel blends with petroleum products as adopted by the
707	Department of Agriculture and Consumer Services. Biodiesel may
708	refer to biodiesel blends designated BXX, where XX represents
709	the volume percentage of biodiesel fuel in the blend.
710	b.  "Ethanol" means an nominally anhydrous denatured
711	alcohol produced by the conversion of carbohydrates fermentation
712	of plant sugars meeting the specifications for fuel ethanol and
713	fuel ethanol blends with petroleum products as adopted by the
714	Department of Agriculture and Consumer Services. Ethanol may
715	refer to fuel ethanol blends designated EXX, where XX represents
716	the volume percentage of fuel ethanol in the blend.
717	c.  "Hydrogen fuel cells" means equipment using hydrogen or
718	a hydrogen-rich fuel in an electrochemical process to generate
719	energy, electricity, or the transfer of heat.
720	2.  The sale or use of the following in the state is exempt
721	from the tax imposed by this chapter:
722	a.  Hydrogen-powered vehicles, materials incorporated into
723	hydrogen-powered vehicles, and hydrogen-fueling stations, up to
724	a limit of $2 million in tax each state fiscal year for all
725	taxpayers.
726	b.  Commercial stationary hydrogen fuel cells, up to a
727	limit of $1 million in tax each state fiscal year for all
728	taxpayers.
729	c.  Materials used in the distribution of biodiesel (B10-
730	B100) and ethanol (E10-E100), including fueling infrastructure,
731	transportation, and storage, up to a limit of $1 million in tax
732	each state fiscal year for all taxpayers. Gasoline fueling
733	station pump retrofits for ethanol (E10-E100) distribution
734	qualify for the exemption provided in this sub-subparagraph.
735	3.  The Florida Energy and Climate Commission Department of
736	Environmental Protection shall provide to the department a list
737	of items eligible for the exemption provided in this paragraph.
738	4.a.  The exemption provided in this paragraph shall be
739	available to a purchaser only through a refund of previously
740	paid taxes. An eligible item is subject to refund one time. A
741	person who has received a refund on an eligible item shall
742	notify the next purchaser of the item that such item is no
743	longer eligible for a refund of paid taxes. This notification
744	shall be provided to each subsequent purchaser on the sales
745	invoice or other proof of purchase.
746	b.  To be eligible to receive the exemption provided in
747	this paragraph, a purchaser shall file an application with the
748	Florida Energy and Climate Commission Department of
749	Environmental Protection. The application shall be developed by
750	the Florida Energy and Climate Commission Department of
751	Environmental Protection, in consultation with the department,
752	and shall require:
753	(I)  The name and address of the person claiming the
754	refund.
755	(II)  A specific description of the purchase for which a
756	refund is sought, including, when applicable, a serial number or
757	other permanent identification number.
758	(III)  The sales invoice or other proof of purchase showing
759	the amount of sales tax paid, the date of purchase, and the name
760	and address of the sales tax dealer from whom the property was
761	purchased.
762	(IV)  A sworn statement that the information provided is
763	accurate and that the requirements of this paragraph have been
764	met.
765	c.  Within 30 days after receipt of an application, the
766	Florida Energy and Climate Commission Department of
767	Environmental Protection shall review the application and shall
768	notify the applicant of any deficiencies. Upon receipt of a
769	completed application, the Florida Energy and Climate Commission
770	Department of Environmental Protection shall evaluate the
771	application for exemption and issue a written certification that
772	the applicant is eligible for a refund or issue a written denial
773	of such certification within 60 days after receipt of the
774	application. The Florida Energy and Climate Commission
775	Department of Environmental Protection shall provide the
776	department with a copy of each certification issued upon
777	approval of an application.
778	d.  Each certified applicant shall be responsible for
779	forwarding a certified copy of the application and copies of all
780	required documentation to the department within 6 months after
781	certification by the Florida Energy and Climate Commission
782	Department of Environmental Protection.
783	e.  The provisions of s. 212.095 do not apply to any refund
784	application made pursuant to this paragraph. A refund approved
785	pursuant to this paragraph shall be made within 30 days after
786	formal approval by the department.
787	f.  The Florida Energy and Climate Commission may adopt the
788	form for the application for a certificate, requirements for the
789	content and format of information submitted to the Florida
790	Energy and Climate Commission in support of the application,
791	other procedural requirements, and criteria by which the
792	application will be determined by rule. The department may adopt
793	all other rules pursuant to ss. 120.536(1) and 120.54 to
794	administer this paragraph, including rules establishing
795	additional forms and procedures for claiming this exemption.
796	g.  The Florida Energy and Climate Commission Department of
797	Environmental Protection shall be responsible for ensuring that
798	the total amounts of the exemptions authorized do not exceed the
799	limits as specified in subparagraph 2.
800	5.  The Florida Energy and Climate Commission Department of
801	Environmental Protection shall determine and publish on a
802	regular basis the amount of sales tax funds remaining in each
803	fiscal year.
804	6.  This paragraph expires July 1, 2010.
805	Section 9.  Present subsections (1), (3), (6), and (7) of
806	section 220.192, Florida Statutes, are amended, and a new
807	subsection (6) is added to that section, to read:
808	220.192  Renewable energy technologies investment tax
809	credit.--
810	(1)  DEFINITIONS.--For purposes of this section, the term:
811	(a)  "Biodiesel" means biodiesel as defined in s.
812	212.08(7)(ccc).
813	(b)  "Corporation" includes a general partnership, limited
814	partnership, limited liability company, unincorporated business,
815	or other business entity, including entities taxed as
816	partnerships for federal income tax purposes.
817	(c)(b)  "Eligible costs" means:
818	1.  Seventy-five percent of all capital costs, operation
819	and maintenance costs, and research and development costs
820	incurred between July 1, 2006, and June 30, 2010, up to a limit
821	of $3 million per state fiscal year for all taxpayers, in
822	connection with an investment in hydrogen-powered vehicles and
823	hydrogen vehicle fueling stations in the state, including, but
824	not limited to, the costs of constructing, installing, and
825	equipping such technologies in the state.
826	2.  Seventy-five percent of all capital costs, operation
827	and maintenance costs, and research and development costs
828	incurred between July 1, 2006, and June 30, 2010, up to a limit
829	of $1.5 million per state fiscal year for all taxpayers, and
830	limited to a maximum of $12,000 per fuel cell, in connection
831	with an investment in commercial stationary hydrogen fuel cells
832	in the state, including, but not limited to, the costs of
833	constructing, installing, and equipping such technologies in the
834	state.
835	3.  Seventy-five percent of all capital costs, operation
836	and maintenance costs, and research and development costs
837	incurred between July 1, 2006, and June 30, 2010, up to a limit
838	of $6.5 million per state fiscal year for all taxpayers, in
839	connection with an investment in the production, storage, and
840	distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
841	the state, including the costs of constructing, installing, and
842	equipping such technologies in the state. Gasoline fueling
843	station pump retrofits for ethanol (E10-E100) distribution
844	qualify as an eligible cost under this subparagraph.
845	(d)(c)  "Ethanol" means ethanol as defined in s.
846	212.08(7)(ccc).
847	(e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
848	defined in s. 212.08(7)(ccc).
849	(f)  "Taxpayer" includes a corporation as defined in
850	paragraph (b) or s. 220.03.
851	(3)  CORPORATE APPLICATION PROCESS.--Any corporation
852	wishing to obtain tax credits available under this section must
853	submit to the Florida Energy and Climate Commission Department
854	of Environmental Protection an application for tax credit that
855	includes a complete description of all eligible costs for which
856	the corporation is seeking a credit and a description of the
857	total amount of credits sought. The Florida Energy and Climate
858	Commission Department of Environmental Protection shall make a
859	determination on the eligibility of the applicant for the
860	credits sought and certify the determination to the applicant
861	and the Department of Revenue. The corporation must attach the
862	Florida Energy and Climate Commission's Department of
863	Environmental Protection's certification to the tax return on
864	which the credit is claimed. The Florida Energy and Climate
865	Commission Department of Environmental Protection shall be
866	responsible for ensuring that the corporate income tax credits
867	granted in each fiscal year do not exceed the limits provided
868	for in this section. The Florida Energy and Climate Commission
869	Department of Environmental Protection is authorized to adopt
870	the necessary rules, guidelines, and application materials for
871	the application process.
872	(6)  TRANSFERABILITY OF CREDIT.--
873	(a)  For tax years beginning on or after January 1, 2009,
874	any corporation or subsequent transferee allowed a tax credit
875	under this section may transfer the credit, in whole or in part,
876	to any taxpayer by written agreement without transferring any
877	ownership interest in the property generating the credit or any
878	interest in the entity owning such property. The transferee is
879	entitled to apply the credits against the tax with the same
880	effect as if the transferee had incurred the eligible costs.
881	(b)  To perfect the transfer, the transferor shall provide
882	the department with a written transfer statement notifying the
883	department of the transferor's intent to transfer the tax
884	credits to the transferee; the date the transfer is effective;
885	the transferee's name, address, and federal taxpayer
886	identification number; the tax period; and the amount of tax
887	credits to be transferred. The department shall, upon receipt of
888	a transfer statement conforming to the requirements of this
889	section, provide the transferee with a certificate reflecting
890	the tax credit amounts transferred. A copy of the certificate
891	must be attached to each tax return for which the transferee
892	seeks to apply such tax credits.
893	(c)  A tax credit authorized under this section that is
894	held by a corporation and not transferred under this subsection
895	shall be passed through to the taxpayers designated as partners,
896	members, or owners, respectively, in the manner agreed to by
897	such persons regardless of whether such partners, members, or
898	owners are allocated or allowed any portion of the federal
899	energy tax credit for the eligible costs. A corporation that
900	passes the credit through to a partner, member, or owner must
901	comply with the notification requirements described in paragraph
902	(b). The partner, member, or owner must attach a copy of the
903	certificate to each tax return on which the partner, member, or
904	owner claims any portion of the credit.
905	(7)(6)  RULES.--The Department of Revenue shall have the
906	authority to adopt rules pursuant to ss. 120.536(1) and 120.54
907	to administer this section, including rules relating to:
908	(a)  The forms required to claim a tax credit under this
909	section, the requirements and basis for establishing an
910	entitlement to a credit, and the examination and audit
911	procedures required to administer this section.
912	(b)  The implementation and administration of the
913	provisions allowing a transfer of a tax credit, including rules
914	prescribing forms, reporting requirements, and specific
915	procedures, guidelines, and requirements necessary to transfer a
916	tax credit.
917	(8)(7)  PUBLICATION.--The Florida Energy and Climate
918	Commission Department of Environmental Protection shall
919	determine and publish on a regular basis the amount of available
920	tax credits remaining in each fiscal year.
921	Section 10.  Paragraphs (f) and (g) are added to subsection
922	(2) and paragraphs (j) and (k) are added to subsection (3) of
923	section 220.193, Florida Statutes, to read:
924	220.193  Florida renewable energy production credit.--
925	(2)  As used in this section, the term:
926	(f)  "Sale" or "sold" includes the use of electricity by
927	the producer of such electricity which decreases the amount of
928	electricity that the producer would otherwise have to purchase.
929	(g)  "Taxpayer" includes a general partnership, limited
930	partnership, limited liability company, trust, or other
931	artificial entity in which a corporation, as defined in s.
932	220.03(1)(e), owns an interest and is taxed as a partnership or
933	is disregarded as a separate entity from the corporation under
934	this chapter.
935	(3)  An annual credit against the tax imposed by this
936	section shall be allowed to a taxpayer, based on the taxpayer's
937	production and sale of electricity from a new or expanded
938	Florida renewable energy facility. For a new facility, the
939	credit shall be based on the taxpayer's sale of the facility's
940	entire electrical production. For an expanded facility, the
941	credit shall be based on the increases in the facility's
942	electrical production that are achieved after May 1, 2006.
943	(j)  When an entity treated as a partnership or a
944	disregarded entity under this chapter produces and sells
945	electricity from a new or expanded renewable energy facility,
946	the credit earned by such entity shall pass through in the same
947	manner as items of income and expense pass through for federal
948	income tax purposes. When an entity applies for the credit and
949	the entity has received the credit by a pass-through, the
950	application must identify the taxpayer that passed the credit
951	through, all taxpayers that received the credit, and the
952	percentage of the credit that passes through to each recipient
953	and must provide other information that the department requires.
954	(k)  A taxpayer's use of the credit granted pursuant to
955	this section does not reduce the amount of any credit available
956	to such taxpayer under s. 220.186.
957	Section 11.  It is the intent of the Legislature that the
958	amendments made by this act to s. 220.193, Florida Statutes, are
959	remedial in nature and apply retroactively to the effective date
960	of the law establishing the credit.
961	Section 12.  Subsection (2) of section 253.02, Florida
962	Statutes, is amended to read:
963	253.02  Board of trustees; powers and duties.--
964	(2)(a)  The board of trustees shall not sell, transfer, or
965	otherwise dispose of any lands the title to which is vested in
966	the board of trustees except by vote of at least three of the
967	four trustees.
968	(b)  The authority of the board of trustees to grant
969	easements for rights-of-way over, across, and upon uplands the
970	title to which is vested in the board of trustees for the
971	construction and operation of electric transmission and
972	distribution facilities and related appurtenances is hereby
973	confirmed. The board of trustees may delegate to the Secretary
974	of Environmental Protection the authority to grant such
975	easements on its behalf. All easements for rights-of-way over,
976	across, and upon uplands the title to which is vested in the
977	board of trustees for the construction and operation of electric
978	transmission and distribution facilities and related
979	appurtenances shall meet the following criteria:
980	1.  Such easements do not prevent the use of the state-
981	owned uplands adjacent to the easement area for the purposes for
982	which such lands were acquired and do not unreasonably diminish
983	the ecological, conservation, or recreational values of the
984	state-owned uplands adjacent to the easement area.
985	2.  There is no practical and prudent alternative to
986	locating the linear facility and related appurtenances on state-
987	owned upland. For purposes of this subparagraph, the test of
988	practicality and prudence shall compare the social, economic,
989	and environmental effects of the alternatives.
990	3.  Appropriate steps are taken to minimize the impacts to
991	state-owned uplands. Such steps may include:
992	a.  Siting of facilities so as to reduce impacts and
993	minimize fragmentation of the overall state-owned parcel;
994	b.  Avoiding significant wildlife habitat, wetlands, or
995	other valuable natural resources to the maximum extent
996	practicable; or
997	c.  Avoiding interference with active land management
998	practices, such as prescribed burning.
999	4.  Except for easements granted as a part of a land
1000	exchange initiated by a governmental entity to accomplish a
1001	recreational or conservation benefit or other public purpose, in
1002	exchange for such easements, the grantee pays an amount equal to
1003	the market value of the interest acquired. In addition, for the
1004	initial grant of such easements only, the grantee shall provide
1005	additional compensation by vesting in the board of trustees fee
1006	simple title to other available uplands that are 1.5 times the
1007	size of the easement acquired by the grantee. The grantor shall
1008	approve the property to be acquired on its behalf based on the
1009	geographic location in relation to the land proposed to be under
1010	easement and a determination that economic, ecological, and
1011	recreational value is at least equivalent to the value of the
1012	lands under proposed easement. Priority for replacement uplands
1013	shall be given to parcels identified as in-holdings and
1014	additions to public lands and lands on a Florida Forever land
1015	acquisition list. However, if suitable replacement uplands
1016	cannot be identified, the grantee shall provide additional
1017	compensation for the initial grant of such easements only by
1018	paying to the department an amount equal to 2 times the current
1019	market value of the state-owned land or the highest and best use
1020	value at the time of purchase, whichever is greater. When
1021	determining the use of such funds, priority shall be given to
1022	parcels identified as in-holdings and additions to public lands
1023	and lands on a Florida Forever land acquisition list.
1024	Section 13.  Paragraph (d) of subsection (3) of section
1025	255.249, Florida Statutes, is amended to read:
1026	255.249  Department of Management Services; responsibility;
1027	department rules.--
1028	(3)
1029	(d)  By June 30 of each year, each state agency shall
1030	annually provide to the department all information regarding
1031	agency programs affecting the need for or use of space by that
1032	agency, reviews of lease-expiration schedules for each
1033	geographic area, active and planned full-time equivalent data,
1034	business case analyses related to consolidation plans by an
1035	agency, a telecommuting program, and current occupancy and
1036	relocation costs, inclusive of furnishings, fixtures and
1037	equipment, data, and communications.
1038	Section 14.  Section 255.251, Florida Statutes, is amended
1039	to read:
1040	255.251  Energy Conservation and Sustainable in Buildings
1041	Act; short title.--This act shall be cited as the "Florida
1042	Energy Conservation and Sustainable in Buildings Act of 1974."
1043	Section 15.  Section 255.252, Florida Statutes, is amended
1044	to read:
1045	255.252  Findings and intent.--
1046	(1)  Operating and maintenance expenditures associated with
1047	energy equipment and with energy consumed in state-financed and
1048	leased buildings represent a significant cost over the life of a
1049	building. Energy conserved by appropriate building design not
1050	only reduces the demand for energy but also reduces costs for
1051	building operation. For example, commercial buildings are
1052	estimated to use from 20 to 80 percent more energy than would be
1053	required if energy-conserving designs were used. The size,
1054	design, orientation, and operability of windows, the ratio of
1055	ventilating air to air heated or cooled, the level of lighting
1056	consonant with space-use requirements, the handling of occupancy
1057	loads, and the ability to zone off areas not requiring
1058	equivalent levels of heating or cooling are but a few of the
1059	considerations necessary to conserving energy.
1060	(2)  Significant efforts are needed to build energy-
1061	efficient state-owned buildings that meet environmental
1062	standards and underway by the General Services Administration,
1063	the National Institute of Standards and Technology, and others
1064	to detail the considerations and practices for energy
1065	conservation in buildings. Most important is that energy-
1066	efficient designs provide energy savings over the life of the
1067	building structure. Conversely, energy-inefficient designs cause
1068	excess and wasteful energy use and high costs over that life.
1069	With buildings lasting many decades and with energy costs
1070	escalating rapidly, it is essential that the costs of operation
1071	and maintenance for energy-using equipment and sustainable
1072	materials be included in all design proposals for state-owned
1073	state buildings.
1074	(3)  In order that such energy-efficiency and sustainable
1075	materials considerations become a function of building design,
1076	and also a model for future application in the private sector,
1077	it shall be the policy of the state that buildings constructed
1078	and financed by the state be designed and constructed to comply
1079	with the United States Green Building Council (USGBC) Leadership
1080	in Energy and Environmental Design (LEED) rating system, the
1081	Green Building Initiative's Green Globes rating system, the
1082	Florida Green Building Coalition standards, or a nationally
1083	recognized, high-performance green building rating system as
1084	approved by the department in a manner which will minimize the
1085	consumption of energy used in the operation and maintenance of
1086	such buildings. It is further the policy of the state, when
1087	economically feasible, to retrofit existing state-owned
1088	buildings in a manner which will minimize the consumption of
1089	energy used in the operation and maintenance of such buildings.
1090	(4)  In addition to designing and constructing new
1091	buildings to be energy-efficient, it shall be the policy of the
1092	state to operate and, maintain, and renovate existing state
1093	facilities, or provide for their renovation, in a manner which
1094	will minimize energy consumption and maximize building
1095	sustainability as well as ensure that facilities leased by the
1096	state are operated so as to minimize energy use. It is further
1097	the policy of the state that the renovation of existing state
1098	facilities be in accordance with the United States Green
1099	Building Council (USGBC) Leadership in Energy and Environmental
1100	Design (LEED) rating system, the Green Building Initiative's
1101	Green Globes rating system, the Florida Green Building Coalition
1102	standards, or a nationally recognized, high-performance green
1103	building rating system as approved by the department. State
1104	agencies are encouraged to consider shared savings financing of
1105	such energy efficiency and conservation projects, using
1106	contracts which split the resulting savings for a specified
1107	period of time between the state agency and the private firm or
1108	cogeneration contracts which otherwise permit the state to lower
1109	its net energy costs. Such energy contracts may be funded from
1110	the operating budget.
1111	(5)  Each state agency occupying space within buildings
1112	owned or managed by the Department of Management Services must
1113	identify and compile a list of projects determined to be
1114	suitable for a guaranteed energy, water, and wastewater
1115	performance savings contract pursuant to s. 489.145. The list of
1116	projects compiled by each state agency shall be submitted to the
1117	Department of Management Services by December 31, 2008, and must
1118	include all criteria used to determine suitability. The list of
1119	projects shall be developed from the list of state-owned
1120	facilities more than 5,000 square feet in area and for which the
1121	state agency is responsible for paying the expenses of utilities
1122	and other operating expenses as they relate to energy use. In
1123	consultation with the head of each state agency, by July 1,
1124	2009, the department shall prioritize all projects deemed
1125	suitable by each state agency and shall develop an energy
1126	efficiency project schedule based on factors such as project
1127	magnitude, efficiency and effectiveness of energy conservation
1128	measures to be implemented, and other factors that may prove to
1129	be advantageous to pursue. The schedule shall provide the
1130	deadline for guaranteed energy, water, and wastewater
1131	performance savings contract improvements to be made to the
1132	state-owned buildings.
1133	Section 16.  Subsections (6) and (7) are added to section
1134	255.253, Florida Statutes, to read:
1135	255.253  Definitions; ss. 255.251-255.258.--
1136	(6)  "Sustainable building" means a building that is
1137	healthy and comfortable for its occupants and is economical to
1138	operate while conserving resources, including energy, water, and
1139	raw materials and land, and minimizing the generation and use of
1140	toxic materials and waste in its design, construction,
1141	landscaping, and operation.
1142	(7)  "Sustainable building rating" means a rating
1143	established by the United States Green Building Council (USGBC)
1144	Leadership in Energy and Environmental Design (LEED) rating
1145	system, the Green Building Initiative's Green Globes rating
1146	system, the Florida Green Building Coalition standards, or a
1147	nationally recognized, high-performance green building rating
1148	system as approved by the department.
1149	Section 17.  Subsection (1) of section 255.254, Florida
1150	Statutes, is amended to read:
1151	255.254  No facility constructed or leased without life-
1152	cycle costs.--
1153	(1)  No state agency shall lease, construct, or have
1154	constructed, within limits prescribed in this section herein, a
1155	facility without having secured from the department an a proper
1156	evaluation of life-cycle costs based on sustainable building
1157	ratings, as computed by an architect or engineer. Furthermore,
1158	construction shall proceed only upon disclosing to the
1159	department, for the facility chosen, the life-cycle costs as
1160	determined in s. 255.255, the facility's sustainable building
1161	rating goal, and the capitalization of the initial construction
1162	costs of the building. The life-cycle costs and the sustainable
1163	building rating goal shall be a primary considerations
1164	consideration in the selection of a building design. Such
1165	analysis shall be required only for construction of buildings
1166	with an area of 5,000 square feet or greater. For leased
1167	buildings more than 5,000 areas of 20,000 square feet in area or
1168	greater within a given building boundary, an energy performance
1169	a life-cycle analysis consisting of a projection of the annual
1170	energy consumption costs in dollars per square foot of major
1171	energy-consuming equipment and systems based on actual expenses
1172	from the last 3 years and projected forward for the term of the
1173	proposed lease shall be performed. The, and a lease shall only
1174	be made where there is a showing that the energy life-cycle
1175	costs incurred by the state are minimal compared to available
1176	like facilities. A lease agreement for any building leased by
1177	the state from a private-sector entity shall include provisions
1178	for monthly energy use data to be collected and submitted
1179	monthly to the department by the owner of the building.
1180	Section 18.  Subsection (1) of section 255.255, Florida
1181	Statutes, is amended to read:
1182	255.255  Life-cycle costs.--
1183	(1)  The department shall adopt promulgate rules and
1184	procedures, including energy conservation performance guidelines
1185	based on sustainable building ratings, for conducting a life-
1186	cycle cost analysis of alternative architectural and engineering
1187	designs and alternative major items of energy-consuming
1188	equipment to be retrofitted in existing state-owned or leased
1189	facilities and for developing energy performance indices to
1190	evaluate the efficiency of energy utilization for competing
1191	designs in the construction of state-financed and leased
1192	facilities.
1193	Section 19.  Section 255.257, Florida Statutes, is amended
1194	to read:
1195	255.257  Energy management; buildings occupied by state
1196	agencies.--
1197	(1)  ENERGY CONSUMPTION AND COST DATA.--Each state agency
1198	shall collect data on energy consumption and cost. The data
1199	gathered shall be on state-owned facilities and metered state-
1200	leased facilities of 5,000 net square feet or more. These data
1201	will be used in the computation of the effectiveness of the
1202	state energy management plan and the effectiveness of the energy
1203	management program of each of the state agencies. Collected data
1204	shall be reported annually to the department in a format
1205	prescribed by the department.
1206	(2)  ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1207	the Florida Public Service Commission, the Department of
1208	Military Affairs, and the judicial branch shall appoint a
1209	coordinator whose responsibility shall be to advise the head of
1210	the state agency on matters relating to energy consumption in
1211	facilities under the control of that head or in space occupied
1212	by the various units comprising that state agency, in vehicles
1213	operated by that state agency, and in other energy-consuming
1214	activities of the state agency. The coordinator shall implement
1215	the energy management program agreed upon by the state agency
1216	concerned and assist the department in the development of the
1217	State Energy Management Plan.
1218	(3)  CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1219	Department of Management Services shall may develop a state
1220	energy management plan consisting of, but not limited to, the
1221	following elements:
1222	(a)  Data-gathering requirements;
1223	(b)  Building energy audit procedures;
1224	(c)  Uniform data analysis procedures;
1225	(d)  Employee energy education program measures;
1226	(e)  Energy consumption reduction techniques;
1227	(f)  Training program for state agency energy management
1228	coordinators; and
1229	(g)  Guidelines for building managers.
1230
1231	The plan shall include a description of actions that state
1232	agencies shall take to reduce consumption of electricity and
1233	nonrenewable energy sources used for space heating and cooling,
1234	ventilation, lighting, water heating, and transportation.
1235	(4)  ADOPTION OF STANDARDS.--
1236	(a)  All state agencies shall adopt the United States Green
1237	Building Council (USGBC) Leadership in Energy and Environmental
1238	Design (LEED) rating system, the Green Building Initiative's
1239	Green Globes rating system, the Florida Green Building Coalition
1240	standards, or a nationally recognized, high-performance green
1241	building rating system as approved by the department for all new
1242	buildings and renovations to existing buildings.
1243	(b)  No state agency shall enter into new leasing
1244	agreements for office space that does not meet Energy Star
1245	building standards, except when determined by the appropriate
1246	state agency head that no other viable or cost-effective
1247	alternative exists.
1248	(c)  All state agencies shall develop energy conservation
1249	measures and guidelines for new and existing office space where
1250	state agencies occupy more than 5,000 square feet. These
1251	conservation measures shall focus on programs that may reduce
1252	energy consumption and, when established, provide a net
1253	reduction in occupancy costs.
1254	Section 20.  (1)  The Legislature declares that there is an
1255	important state interest in promoting the construction of
1256	energy-efficient and sustainable buildings. Government
1257	leadership in promoting these standards is vital to demonstrate
1258	the state's commitment to energy conservation, saving taxpayers
1259	money, and raising public awareness of energy-rating systems.
1260	(2)  All county, municipal, school district, water
1261	management district, state university, community college, and
1262	Florida state court buildings shall be constructed to meet the
1263	United States Green Building Council (USGBC) Leadership in
1264	Energy and Environmental Design (LEED) rating system, the Green
1265	Building Initiative's Green Globes rating system, the Florida
1266	Green Building Coalition standards, or a nationally recognized,
1267	high-performance green building rating system as approved by the
1268	Department of Management Services. This section shall apply to
1269	all county, municipal, school district, water management
1270	district, state university, community college, and Florida state
1271	court buildings the architectural plans of which are commenced
1272	after July 1, 2008.
1273	(3)  St. Petersburg College may work with the Florida
1274	Community College System and may consult with the University of
1275	Florida to provide training and educational opportunities that
1276	will ensure that green building rating system certifying agents
1277	(accredited professionals who possess a knowledge and
1278	understanding of green building processes, practices, and
1279	principles) are available to work with the entities specified in
1280	subsection (2) as they construct public buildings to meet green
1281	building rating system standards. St. Petersburg College may
1282	work with the construction industry to develop online continuing
1283	education curriculum for use statewide by builders constructing
1284	energy-efficient and sustainable public-sector buildings and
1285	students interested in the college's Green/Sustainability Track
1286	in its Management and Organization Leadership area of study.
1287	Curriculum developed may be offered by St. Petersburg College or
1288	in cooperation with other programs at other community colleges.
1289	Section 21.  Section 286.29, Florida Statutes, is created
1290	to read:
1291	286.29  Climate-friendly public business.--The Legislature
1292	recognizes the importance of leadership by state government in
1293	the area of energy efficiency and in reducing the greenhouse gas
1294	emissions of state government operations. The following shall
1295	pertain to all state agencies when conducting public business:
1296	(1)  The Department of Management Services shall develop
1297	the "Florida Climate-Friendly Preferred Products List." In
1298	maintaining that list, the department, in consultation with the
1299	Department of Environmental Protection, shall continually assess
1300	products currently available for purchase under state term
1301	contracts to identify specific products and vendors that offer
1302	clear energy efficiency or other environmental benefits over
1303	competing products. When procuring products from state term
1304	contracts, state agencies shall first consult the Florida
1305	Climate-Friendly Preferred Products List and procure such
1306	products if the price is comparable.
1307	(2)  Effective July 1, 2008, state agencies shall contract
1308	for meeting and conference space only with hotels or conference
1309	facilities that have received the "Green Lodging" designation
1310	from the Department of Environmental Protection for best
1311	practices in water, energy, and waste efficiency standards,
1312	unless the responsible state agency head makes a determination
1313	that no other viable alternative exists. The Department of
1314	Environmental Protection is authorized to adopt rules to
1315	implement the "Green Lodging" program.
1316	(3)  Each state agency shall ensure that all maintained
1317	vehicles meet minimum maintenance schedules shown to reduce fuel
1318	consumption, which include: ensuring appropriate tire pressures
1319	and tread depth; replacing fuel filters and emission filters at
1320	recommended intervals; using proper motor oils; and performing
1321	timely motor maintenance. Each state agency shall measure and
1322	report compliance to the Department of Management Services
1323	through the Equipment Management Information System database.
1324	(4)  When procuring new vehicles, all state agencies, state
1325	universities, community colleges, and local governments that
1326	purchase vehicles under a state purchasing plan shall first
1327	define the intended purpose for the vehicle and determine which
1328	of the following use classes for which the vehicle is being
1329	procured:
1330	(a)  State business travel, designated operator;
1331	(b)  State business travel, pool operators;
1332	(c)  Construction, agricultural, or maintenance work;
1333	(d)  Conveyance of passengers;
1334	(e)  Conveyance of building or maintenance materials and
1335	supplies;
1336	(f)  Off-road vehicle, motorcycle, or all-terrain vehicle;
1337	(g)  Emergency response; or
1338	(h)  Other.
1339
1340	Vehicles described in paragraphs (a) through (h), when being
1341	processed for purchase or leasing agreements, must be selected
1342	for the greatest fuel efficiency available for a given use class
1343	when fuel economy data are available. Exceptions may be made for
1344	individual vehicles in paragraph (g) when accompanied, during
1345	the procurement process, by documentation indicating that the
1346	operator or operators will exclusively be emergency first
1347	responders or have special documented need for exceptional
1348	vehicle performance characteristics. Any request for an
1349	exception must be approved by the purchasing agency head and any
1350	exceptional performance characteristics denoted as a part of the
1351	procurement process prior to purchase.
1352	(5)  All state agencies shall use ethanol and biodiesel
1353	blended fuels when available. State agencies administering
1354	central fueling operations for state-owned vehicles shall
1355	procure biofuels for fleet needs to the greatest extent
1356	practicable.
1357	Section 22.  Paragraph (b) of subsection (2) and subsection
1358	(5) of section 287.063, Florida Statutes, are amended to read:
1359	287.063  Deferred-payment commodity contracts; preaudit
1360	review.--
1361	(2)
1362	(b)  The Chief Financial Officer shall establish, by rule,
1363	criteria for approving purchases made under deferred-payment
1364	contracts which require the payment of interest. Criteria shall
1365	include, but not be limited to, the following provisions:
1366	1.  No contract shall be approved in which interest exceeds
1367	the statutory ceiling contained in this section. However, the
1368	interest component of any master equipment financing agreement
1369	entered into for the purpose of consolidated financing of a
1370	deferred-payment, installment sale, or lease-purchase shall be
1371	deemed to comply with the interest rate limitation of this
1372	section so long as the interest component of every interagency
1373	agreement under such master equipment financing agreement
1374	complies with the interest rate limitation of this section.
1375	2.  No deferred-payment purchase for less than $30,000
1376	shall be approved, unless it can be satisfactorily demonstrated
1377	and documented to the Chief Financial Officer that failure to
1378	make such deferred-payment purchase would adversely affect an
1379	agency in the performance of its duties. However, the Chief
1380	Financial Officer may approve any deferred-payment purchase if
1381	the Chief Financial Officer determines that such purchase is
1382	economically beneficial to the state.
1383	3.  No agency shall obligate an annualized amount of
1384	payments for deferred-payment purchases in excess of current
1385	operating capital outlay appropriations, unless specifically
1386	authorized by law or unless it can be satisfactorily
1387	demonstrated and documented to the Chief Financial Officer that
1388	failure to make such deferred-payment purchase would adversely
1389	affect an agency in the performance of its duties.
1390	3.4.  No contract shall be approved which extends payment
1391	beyond 5 years, unless it can be satisfactorily demonstrated and
1392	documented to the Chief Financial Officer that failure to make
1393	such deferred-payment purchase would adversely affect an agency
1394	in the performance of its duties. The payment term may not
1395	exceed the useful life of the equipment unless the contract
1396	provides for the replacement or the extension of the useful life
1397	of the equipment during the term of the loan.
1398	(5)  For purposes of this section, the annualized amount of
1399	any such deferred payment commodity contract must be supported
1400	from available recurring funds appropriated to the agency in an
1401	appropriation category, other than the expense appropriation
1402	category as defined in chapter 216, that the Chief Financial
1403	Officer has determined is appropriate or that the Legislature
1404	has designated for payment of the obligation incurred under this
1405	section.
1406	Section 23.  Subsections (10) and (11) of section 287.064,
1407	Florida Statutes, are amended to read:
1408	287.064  Consolidated financing of deferred-payment
1409	purchases.--
1410	(10)(a)  A master equipment financing agreement may finance
1411	Costs incurred pursuant to a guaranteed energy performance
1412	savings contract, including the cost of energy, water, or
1413	wastewater efficiency and conservation measures, each as defined
1414	in s. 489.145, excluding may be financed pursuant to a master
1415	equipment financing agreement; however, the costs of training,
1416	operation, and maintenance, for a term of repayment that may not
1417	be financed. The period of time for repayment of the funds drawn
1418	pursuant to the master equipment financing agreement under this
1419	subsection may exceed 5 years but may not exceed 20 10 years.
1420	(b)  The guaranteed energy, water, and wastewater savings
1421	contractor shall provide for the replacement or the extension of
1422	the useful life of the equipment during the term of the
1423	contract.
1424	(11)  For purposes of consolidated financing of deferred
1425	payment commodity contracts under this section by a state
1426	agency, the annualized amount of any such contract must be
1427	supported from available recurring funds appropriated to the
1428	agency in an appropriation category, other than the expense
1429	appropriation category as defined in chapter 216, which that the
1430	Chief Financial Officer has determined is appropriate or which
1431	that the Legislature has designated for payment of the
1432	obligation incurred under this section.
1433	Section 24.  Present paragraphs (a) through (n) of
1434	subsection (2) of section 288.1089, Florida Statutes, are
1435	redesignated as paragraphs (b) through (o), respectively, and a
1436	new paragraph (a) is added to that subsection, subsections (3),
1437	(5), (6), and (7) of that section are amended, and paragraph (d)
1438	is added to subsection (4) of that section, to read:
1439	288.1089  Innovation Incentive Program.--
1440	(1)  The Innovation Incentive Program is created within the
1441	Office of Tourism, Trade, and Economic Development to ensure
1442	that sufficient resources are available to allow the state to
1443	respond expeditiously to extraordinary economic opportunities
1444	and to compete effectively for high-value research and
1445	development and innovation business projects.
1446	(2)  As used in this section, the term:
1447	(a)  "Alternative and renewable energy" means electrical,
1448	mechanical, or thermal energy produced from a method that uses
1449	one or more of the following fuels or energy sources: ethanol,
1450	cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1451	hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1452	or geothermal.
1453	(3)  To be eligible for consideration for an innovation
1454	incentive award, an innovation business or research and
1455	development entity, or alternative and renewable energy project
1456	must submit a written application to Enterprise Florida, Inc.,
1457	before making a decision to locate new operations in this state
1458	or expand an existing operation in this state. The application
1459	must include, but not be limited to:
1460	(a)  The applicant's federal employer identification
1461	number, unemployment account number, and state sales tax
1462	registration number. If such numbers are not available at the
1463	time of application, they must be submitted to the office in
1464	writing prior to the disbursement of any payments under this
1465	section.
1466	(b)  The location in this state at which the project is
1467	located or is to be located.
1468	(c)  A description of the type of business activity,
1469	product, or research and development undertaken by the
1470	applicant, including six-digit North American Industry
1471	Classification System codes for all activities included in the
1472	project.
1473	(d)  The applicant's projected investment in the project.
1474	(e)  The total investment, from all sources, in the
1475	project.
1476	(f)  The number of net new full-time equivalent jobs in
1477	this state the applicant anticipates having created as of
1478	December 31 of each year in the project and the average annual
1479	wage of such jobs.
1480	(g)  The total number of full-time equivalent employees
1481	currently employed by the applicant in this state, if
1482	applicable.
1483	(h)  The anticipated commencement date of the project.
1484	(i)  A detailed explanation of why the innovation incentive
1485	is needed to induce the applicant to expand or locate in the
1486	state and whether an award would cause the applicant to locate
1487	or expand in this state.
1488	(j)  If applicable, an estimate of the proportion of the
1489	revenues resulting from the project that will be generated
1490	outside this state.
1491	(4)  To qualify for review by the office, the applicant
1492	must, at a minimum, establish the following to the satisfaction
1493	of Enterprise Florida, Inc., and the office:
1494	(d)  For an alternative and renewable energy project in
1495	this state, the project must:
1496	1.  Demonstrate a plan for significant collaboration with
1497	an institution of higher education;
1498	2.  Provide the state, at a minimum, a break-even return on
1499	investment within a 20-year period;
1500	3.  Include matching funds provided by the applicant or
1501	other available sources. This requirement may be waived if the
1502	office and the department determine that the merits of the
1503	individual project or the specific circumstances warrant such
1504	action;
1505	4.  Be located in this state;
1506	5.  Provide jobs that pay an estimated annual average wage
1507	that equals at least 130 percent of the average private-sector
1508	wage. The average wage requirement may be waived if the office
1509	and the commission determine that the merits of the individual
1510	project or the specific circumstances warrant such action; and
1511	6.  Meet one of the following criteria:
1512	a.  Result in the creation of at least 35 direct, new jobs
1513	at the business.
1514	b.  Have an activity or product that uses feedstock or
1515	other raw materials grown or produced in this state.
1516	c.  Have a cumulative investment of at least $50 million
1517	within a 5-year period.
1518	d.  Address the technical feasibility of the technology,
1519	and the extent to which the proposed project has been
1520	demonstrated to be technically feasible based on pilot project
1521	demonstrations, laboratory testing, scientific modeling, or
1522	engineering or chemical theory that supports the proposal.
1523	e.  Include innovative technology and the degree to which
1524	the project or business incorporates an innovative new
1525	technology or an innovative application of an existing
1526	technology.
1527	f.  Include production potential and the degree to which a
1528	project or business generates thermal, mechanical, or electrical
1529	energy by means of a renewable energy resource that has
1530	substantial long-term production potential. The project must, to
1531	the extent possible, quantify annual production potential in
1532	megawatts or kilowatts.
1533	g.  Include and address energy efficiency and the degree to
1534	which a project demonstrates efficient use of energy, water, and
1535	material resources.
1536	h.  Include project management and the ability of
1537	management to administer a complete the business project.
1538	(5)  Enterprise Florida, Inc., shall evaluate proposals for
1539	innovation incentive awards and transmit recommendations for
1540	awards to the office. Enterprise Florida, Inc., shall solicit
1541	comments and recommendations from the Florida Energy and Climate
1542	Commission for alternative and renewable energy project
1543	proposals. Such evaluation and recommendation must include, but
1544	need not be limited to:
1545	(a)  A description of the project, its required facilities,
1546	and the associated product, service, or research and development
1547	associated with the project.
1548	(b)  The percentage of match provided for the project.
1549	(c)  The number of full-time equivalent jobs that will be
1550	created by the project, the total estimated average annual wages
1551	of such jobs, and the types of business activities and jobs
1552	likely to be stimulated by the project.
1553	(d)  The cumulative investment to be dedicated to the
1554	project within 5 years and the total investment expected in the
1555	project if more than 5 years.
1556	(e)  The projected economic and fiscal impacts on the local
1557	and state economies relative to investment.
1558	(f)  A statement of any special impacts the project is
1559	expected to stimulate in a particular business sector in the
1560	state or regional economy or in the state's universities and
1561	community colleges.
1562	(g)  A statement of any anticipated or proposed
1563	relationships with state universities.
1564	(h)  A statement of the role the incentive is expected to
1565	play in the decision of the applicant to locate or expand in
1566	this state.
1567	(i)  A recommendation and explanation of the amount of the
1568	award needed to cause the applicant to expand or locate in this
1569	state.
1570	(j)  A discussion of the efforts and commitments made by
1571	the local community in which the project is to be located to
1572	induce the applicant's location or expansion, taking into
1573	consideration local resources and abilities.
1574	(k)  A recommendation for specific performance criteria the
1575	applicant would be expected to achieve in order to receive
1576	payments from the fund and penalties or sanctions for failure to
1577	meet or maintain performance conditions.
1578	(l)  For a research and development facility project:
1579	1.  A description of the extent to which the project has
1580	the potential to serve as catalyst for an emerging or evolving
1581	cluster.
1582	2.  A description of the extent to which the project has or
1583	could have a long-term collaborative research and development
1584	relationship with one or more universities or community colleges
1585	in this state.
1586	3.  A description of the existing or projected impact of
1587	the project on established clusters or targeted industry
1588	sectors.
1589	4.  A description of the project's contribution to the
1590	diversity and resiliency of the innovation economy of this
1591	state.
1592	5.  A description of the project's impact on special needs
1593	communities, including, but not limited to, rural areas,
1594	distressed urban areas, and enterprise zones.
1595	(6)  In consultation with Enterprise Florida, Inc., the
1596	office may negotiate the proposed amount of an award for any
1597	applicant meeting the requirements of this section. In
1598	negotiating such award, the office shall consider the amount of
1599	the incentive needed to cause the applicant to locate or expand
1600	in this state in conjunction with other relevant applicant
1601	impact and cost information and analysis as described in this
1602	section. Particular emphasis shall be given to the potential for
1603	the project to stimulate additional private investment and high-
1604	quality employment opportunities in the area.
1605	(7)  Upon receipt of the evaluation and recommendation from
1606	Enterprise Florida, Inc., and from the Florida Energy and
1607	Climate Commission for alternative and renewable energy project
1608	proposals, the director shall recommend to the Governor the
1609	approval or disapproval of an award. In recommending approval of
1610	an award, the director shall include proposed performance
1611	conditions that the applicant must meet in order to obtain
1612	incentive funds and any other conditions that must be met before
1613	the receipt of any incentive funds. The Governor shall consult
1614	with the President of the Senate and the Speaker of the House of
1615	Representatives before giving approval for an award.
1616	(a) Upon approval of an award for a research and
1617	development project or an innovation business project, the
1618	Executive Office of the Governor shall release the funds
1619	pursuant to the legislative consultation and review requirements
1620	set forth in s. 216.177.
1621	(b) Upon approval of an award for an alternative and
1622	renewable energy project, the Executive Office of the Governor
1623	shall release the funds pursuant to the legislative consultation
1624	and review requirements set forth in s. 216.177, with the
1625	exception that upon written notice from either the chair or the
1626	vice chair of the Legislative Budget Commission or the President
1627	of the Senate or the Speaker of the House of Representatives
1628	that the award exceeds the delegated authority of Executive
1629	Office of the Governor or is contrary to legislative policy and
1630	intent, the Governor shall void such action until the
1631	Legislative Budget Commission or the Legislature addresses the
1632	issue.
1633	(8)  Upon approval by the Governor and release of the funds
1634	as set forth in subsection (7), the director shall issue a
1635	letter certifying the applicant as qualified for an award. The
1636	office and the applicant shall enter into an agreement that sets
1637	forth the conditions for payment of incentives. The agreement
1638	must include the total amount of funds awarded; the performance
1639	conditions that must be met to obtain the award or portions of
1640	the award, including, but not limited to, net new employment in
1641	the state, average wage, and total cumulative investment;
1642	demonstration of a baseline of current service and a measure of
1643	enhanced capability; the methodology for validating performance;
1644	the schedule of payments; and sanctions for failure to meet
1645	performance conditions, including any clawback provisions.
1646	(9)  Enterprise Florida, Inc., shall assist the office in
1647	validating the performance of an innovation business or research
1648	and development facility that has received an award. At the
1649	conclusion of the innovation incentive award agreement, or its
1650	earlier termination, Enterprise Florida, Inc., shall, within 90
1651	days, report the results of the innovation incentive award to
1652	the Governor, the President of the Senate, and the Speaker of
1653	the House of Representatives.
1654	(10)  Enterprise Florida, Inc., shall develop business
1655	ethics standards based on appropriate best industry practices
1656	which shall be applicable to all award recipients. The standards
1657	shall address ethical duties of business enterprises, fiduciary
1658	responsibilities of management, and compliance with the laws of
1659	this state. Enterprise Florida, Inc., may collaborate with the
1660	State University System in reviewing and evaluating appropriate
1661	business ethics standards. Such standards shall be provided to
1662	the Governor, the President of the Senate, and the Speaker of
1663	the House of Representatives by December 31, 2006. An award
1664	agreement entered into on or after December 31, 2006, shall
1665	require a recipient to comply with the business ethics standards
1666	developed pursuant to this section.
1667	Section 25.  Section 316.0741, Florida Statutes, is amended
1668	to read:
1669	316.0741  High-occupancy-vehicle High occupancy vehicle
1670	lanes.--
1671	(1)  As used in this section, the term:
1672	(a)  "High-occupancy-vehicle "High occupancy vehicle lane"
1673	or "HOV lane" means a lane of a public roadway designated for
1674	use by vehicles in which there is more than one occupant unless
1675	otherwise authorized by federal law.
1676	(b)  "Hybrid vehicle" means a motor vehicle that:
1677	1.  Draws propulsion energy from an onboard source of
1678	stored energy comprised of both an internal combustion or heat
1679	engine using combustible fuel and a rechargeable energy-storage
1680	system; and
1681	2.  In the case of a passenger automobile or light truck,
1682	has received a certificate of conformity under the Clean Air
1683	Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1684	equivalent qualifying California standards for a low-emission
1685	vehicle.
1686	(2)  The number of persons who that must be in a vehicle to
1687	qualify for legal use of the HOV lane and the hours during which
1688	the lane will serve as an HOV lane, if it is not designated as
1689	such on a full-time basis, must also be indicated on a traffic
1690	control device.
1691	(3)  Except as provided in subsection (4), a vehicle may
1692	not be driven in an HOV lane if the vehicle is occupied by fewer
1693	than the number of occupants indicated by a traffic control
1694	device. A driver who violates this section shall be cited for a
1695	moving violation, punishable as provided in chapter 318.
1696	(4)(a)  Notwithstanding any other provision of this
1697	section, an inherently low-emission vehicle (ILEV) that is
1698	certified and labeled in accordance with federal regulations may
1699	be driven in an HOV lane at any time, regardless of its
1700	occupancy. In addition, upon the state's receipt of written
1701	notice from the proper federal regulatory agency authorizing
1702	such use, a vehicle defined as a hybrid vehicle under this
1703	section may be driven in an HOV lane at any time, regardless of
1704	its occupancy.
1705	(b)  All eligible hybrid and other low-emission and energy-
1706	efficient vehicles driven in an HOV lane must comply with the
1707	minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1708	(c)  Upon its effective date, the eligibility of hybrid and
1709	other low-emission and energy-efficient vehicles for operation
1710	in an HOV lane regardless of occupancy shall be determined in
1711	accordance with the applicable final rule issued by the United
1712	States Environmental Protection Agency pursuant to 23 U.S.C. s.
1713	166(e).
1714	(5)  The department shall issue a decal and registration
1715	certificate, to be renewed annually, reflecting the HOV lane
1716	designation on such vehicles meeting the criteria in subsection
1717	(4) authorizing driving in an HOV lane at any time such use. The
1718	department may charge a fee for a decal, not to exceed the costs
1719	of designing, producing, and distributing each decal, or $5,
1720	whichever is less. The proceeds from sale of the decals shall be
1721	deposited in the Highway Safety Operating Trust Fund. The
1722	department may, for reasons of operation and management of HOV
1723	facilities, limit or discontinue issuance of decals for the use
1724	of HOV facilities by hybrid and low-emission and energy-
1725	efficient vehicles regardless of occupancy if it has been
1726	determined by the Department of Transportation that the
1727	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1728	(6)  Vehicles having decals by virtue of compliance with
1729	the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1730	and that are registered for use in high-occupancy-vehicle toll
1731	lanes or express lanes in accordance with Department of
1732	Transportation rule shall be allowed to use any HOV lane
1733	redesignated as a high-occupancy-vehicle toll lane without
1734	requiring payment of the toll.
1735	(5)  As used in this section, the term "hybrid vehicle"
1736	means a motor vehicle:
1737	(a)  That draws propulsion energy from onboard sources of
1738	stored energy which are both:
1739	1.  An internal combustion or heat engine using combustible
1740	fuel; and
1741	2.  A rechargeable energy storage system; and
1742	(b)  That, in the case of a passenger automobile or light
1743	truck:
1744	1.  Has received a certificate of conformity under the
1745	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
1746	2.  Meets or exceeds the equivalent qualifying California
1747	standards for a low-emission vehicle.
1748	(7)(6)  The department may adopt rules necessary to
1749	administer this section.
1750	Section 26.  Subsection (1) of section 337.401, Florida
1751	Statutes, is amended to read:
1752	337.401  Use of right-of-way for utilities subject to
1753	regulation; permit; fees.--
1754	(1)  The department and local governmental entities,
1755	referred to in ss. 337.401-337.404 as the "authority," that have
1756	jurisdiction and control of public roads or publicly owned rail
1757	corridors are authorized to prescribe and enforce reasonable
1758	rules or regulations with reference to the placing and
1759	maintaining along, across, or on any road or publicly owned rail
1760	corridors under their respective jurisdictions any electric
1761	transmission, telephone, telegraph, or other communications
1762	services lines; pole lines; poles; railways; ditches; sewers;
1763	water, heat, or gas mains; pipelines; fences; gasoline tanks and
1764	pumps; or other structures hereinafter referred to in this
1765	section as the "utility." For aerial and underground electric
1766	utility transmission lines designed to operate at 69 or more
1767	kilovolts that are needed to accommodate the additional
1768	electrical transfer capacity on the transmission grid resulting
1769	from new base-load generating facilities, where there is no
1770	other practicable alternative available for placement of the
1771	electric utility transmission lines on the department's rights-
1772	of-way, the department's rules shall provide for placement of
1773	and access to such transmission lines adjacent to and within the
1774	right-of-way of any department-controlled public roads,
1775	including longitudinally within limited access facilities to the
1776	greatest extent allowed by federal law, if compliance with the
1777	standards established by such rules is achieved. Such rules may
1778	include, but need not be limited to, that the use of the right-
1779	of-way is reasonable based upon a consideration of economic and
1780	environmental factors, including, without limitation, other
1781	practicable alternative alignments, utility corridors and
1782	easements, and minimum clear zones and other safety standards,
1783	and further provide that placement of the electric utility
1784	transmission lines within the department's right-of-way does not
1785	interfere with operational requirements of the transportation
1786	facility or planned or potential future expansion of such
1787	transportation facility. If the department approves longitudinal
1788	placement of electric utility transmission lines in limited
1789	access facilities, compensation for the use of the right-of-way
1790	is required. Such consideration or compensation paid by the
1791	electric utility in connection with the department's issuance of
1792	a permit does not create any property right in the department's
1793	property regardless of the amount of consideration paid or the
1794	improvements constructed on the property by the utility. Upon
1795	notice by the department that the property is needed for
1796	expansion or improvement of the transportation facility, the
1797	electric utility transmission line will relocate from the
1798	facility at the electric utility's sole expense. The electric
1799	utility shall pay to the department reasonable damages resulting
1800	from the utility's failure or refusal to timely relocate its
1801	transmission lines. The rules to be adopted by the department
1802	may also address the compensation methodology and relocation. As
1803	used in this subsection, the term "base-load generating
1804	facilities" means electric power plants that are certified under
1805	part II of chapter 403. The department may enter into a permit-
1806	delegation agreement with a governmental entity if issuance of a
1807	permit is based on requirements that the department finds will
1808	ensure the safety and integrity of facilities of the Department
1809	of Transportation; however, the permit-delegation agreement does
1810	not apply to facilities of electric utilities as defined in s.
1811	366.02(2).
1812	Section 27.  Subsections (1) and (7) of section 339.175,
1813	Florida Statutes, are amended to read:
1814	339.175  Metropolitan planning organization.--
1815	(1)  PURPOSE.--It is the intent of the Legislature to
1816	encourage and promote the safe and efficient management,
1817	operation, and development of surface transportation systems
1818	that will serve the mobility needs of people and freight and
1819	foster economic growth and development within and through
1820	urbanized areas of this state while minimizing transportation-
1821	related fuel consumption, and air pollution, and greenhouse gas
1822	emissions through metropolitan transportation planning processes
1823	identified in this section. To accomplish these objectives,
1824	metropolitan planning organizations, referred to in this section
1825	as M.P.O.'s, shall develop, in cooperation with the state and
1826	public transit operators, transportation plans and programs for
1827	metropolitan areas. The plans and programs for each metropolitan
1828	area must provide for the development and integrated management
1829	and operation of transportation systems and facilities,
1830	including pedestrian walkways and bicycle transportation
1831	facilities that will function as an intermodal transportation
1832	system for the metropolitan area, based upon the prevailing
1833	principles provided in s. 334.046(1). The process for developing
1834	such plans and programs shall provide for consideration of all
1835	modes of transportation and shall be continuing, cooperative,
1836	and comprehensive, to the degree appropriate, based on the
1837	complexity of the transportation problems to be addressed. To
1838	ensure that the process is integrated with the statewide
1839	planning process, M.P.O.'s shall develop plans and programs that
1840	identify transportation facilities that should function as an
1841	integrated metropolitan transportation system, giving emphasis
1842	to facilities that serve important national, state, and regional
1843	transportation functions. For the purposes of this section,
1844	those facilities include the facilities on the Strategic
1845	Intermodal System designated under s. 339.63 and facilities for
1846	which projects have been identified pursuant to s. 339.2819(4).
1847	(7)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1848	develop a long-range transportation plan that addresses at least
1849	a 20-year planning horizon. The plan must include both long-
1850	range and short-range strategies and must comply with all other
1851	state and federal requirements. The prevailing principles to be
1852	considered in the long-range transportation plan are: preserving
1853	the existing transportation infrastructure; enhancing Florida's
1854	economic competitiveness; and improving travel choices to ensure
1855	mobility. The long-range transportation plan must be consistent,
1856	to the maximum extent feasible, with future land use elements
1857	and the goals, objectives, and policies of the approved local
1858	government comprehensive plans of the units of local government
1859	located within the jurisdiction of the M.P.O. Each M.P.O. is
1860	encouraged to consider strategies that integrate transportation
1861	and land use planning to provide for sustainable development and
1862	reduce greenhouse gas emissions. The approved long-range
1863	transportation plan must be considered by local governments in
1864	the development of the transportation elements in local
1865	government comprehensive plans and any amendments thereto. The
1866	long-range transportation plan must, at a minimum:
1867	(a)  Identify transportation facilities, including, but not
1868	limited to, major roadways, airports, seaports, spaceports,
1869	commuter rail systems, transit systems, and intermodal or
1870	multimodal terminals that will function as an integrated
1871	metropolitan transportation system. The long-range
1872	transportation plan must give emphasis to those transportation
1873	facilities that serve national, statewide, or regional
1874	functions, and must consider the goals and objectives identified
1875	in the Florida Transportation Plan as provided in s. 339.155. If
1876	a project is located within the boundaries of more than one
1877	M.P.O., the M.P.O.'s must coordinate plans regarding the project
1878	in the long-range transportation plan.
1879	(b)  Include a financial plan that demonstrates how the
1880	plan can be implemented, indicating resources from public and
1881	private sources which are reasonably expected to be available to
1882	carry out the plan, and recommends any additional financing
1883	strategies for needed projects and programs. The financial plan
1884	may include, for illustrative purposes, additional projects that
1885	would be included in the adopted long-range transportation plan
1886	if reasonable additional resources beyond those identified in
1887	the financial plan were available. For the purpose of developing
1888	the long-range transportation plan, the M.P.O. and the
1889	department shall cooperatively develop estimates of funds that
1890	will be available to support the plan implementation. Innovative
1891	financing techniques may be used to fund needed projects and
1892	programs. Such techniques may include the assessment of tolls,
1893	the use of value capture financing, or the use of value pricing.
1894	(c)  Assess capital investment and other measures necessary
1895	to:
1896	1.  Ensure the preservation of the existing metropolitan
1897	transportation system including requirements for the operation,
1898	resurfacing, restoration, and rehabilitation of major roadways
1899	and requirements for the operation, maintenance, modernization,
1900	and rehabilitation of public transportation facilities; and
1901	2.  Make the most efficient use of existing transportation
1902	facilities to relieve vehicular congestion and maximize the
1903	mobility of people and goods.
1904	(d)  Indicate, as appropriate, proposed transportation
1905	enhancement activities, including, but not limited to,
1906	pedestrian and bicycle facilities, scenic easements,
1907	landscaping, historic preservation, mitigation of water
1908	pollution due to highway runoff, and control of outdoor
1909	advertising.
1910	(e)  In addition to the requirements of paragraphs (a)-(d),
1911	in metropolitan areas that are classified as nonattainment areas
1912	for ozone or carbon monoxide, the M.P.O. must coordinate the
1913	development of the long-range transportation plan with the State
1914	Implementation Plan developed pursuant to the requirements of
1915	the federal Clean Air Act.
1916
1917	In the development of its long-range transportation plan, each
1918	M.P.O. must provide the public, affected public agencies,
1919	representatives of transportation agency employees, freight
1920	shippers, providers of freight transportation services, private
1921	providers of transportation, representatives of users of public
1922	transit, and other interested parties with a reasonable
1923	opportunity to comment on the long-range transportation plan.
1924	The long-range transportation plan must be approved by the
1925	M.P.O.
1926	Section 28.  Subsections (2), (3), and (4) of section
1927	350.01, Florida Statutes, are amended to read:
1928	350.01  Florida Public Service Commission; terms of
1929	commissioners; vacancies; election and duties of chair; quorum;
1930	proceedings.--
1931	(2)(a)  Each commissioner serving on July 1, 1978, shall be
1932	permitted to remain in office until the completion of his or her
1933	current term. Upon the expiration of the term, a successor shall
1934	be appointed in the manner prescribed by s. 350.031(4), (5), and
1935	(6), and (7) for a 4-year term, except that the terms of the
1936	initial members appointed under this act shall be as follows:
1937	1.  The vacancy created by the present term ending in
1938	January, 1981, shall be filled by appointment for a 4-year term
1939	and for 4-year terms thereafter; and
1940	2.  The vacancies created by the two present terms ending
1941	in January, 1979, shall be filled by appointment for a 3-year
1942	term and for 4-year terms thereafter.
1943	(b)  Two additional commissioners shall be appointed in the
1944	manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-
1945	year terms beginning the first Tuesday after the first Monday in
1946	January, 1979, and successors shall be appointed for 4-year
1947	terms thereafter with each term beginning on January 2 of the
1948	year the term commences and ending 4 years later on January 1.
1949	(c)  Vacancies on the commission shall be filled for the
1950	unexpired portion of the term in the same manner as original
1951	appointments to the commission.
1952	(3)  Any person serving on the commission who seeks to be
1953	appointed or reappointed shall file with the nominating council
1954	no later than June 1 prior to the year in which his or her term
1955	expires at least 210 days before the expiration of his or her
1956	term a statement that he or she desires to serve an additional
1957	term.
1958	(4)  One member of the commission shall be elected by
1959	majority vote to serve as chair for a term of 2 years, beginning
1960	on January 2 of the first year of the term with the first
1961	Tuesday after the first Monday in January 1979. A member may not
1962	serve two consecutive terms as chair.
1963	Section 29.  Section 350.012, Florida Statutes, is amended
1964	to read:
1965	350.012  Committee on Public Counsel Service Commission
1966	Oversight; creation; membership; powers and duties.--
1967	(1)  There is created a standing joint committee of the
1968	Legislature, designated the Committee on Public Counsel Service
1969	Commission Oversight, and composed of 12 members appointed as
1970	follows: six members of the Senate appointed by the President of
1971	the Senate, two of whom must be members of the minority party;
1972	and six members of the House of Representatives appointed by the
1973	Speaker of the House of Representatives, two of whom must be
1974	members of the minority party. The terms of members shall be for
1975	2 years and shall run from the organization of one Legislature
1976	to the organization of the next Legislature. The President shall
1977	appoint the chair of the committee in even-numbered years and
1978	the vice chair in odd-numbered years, and the Speaker of the
1979	House of Representatives shall appoint the chair of the
1980	committee in odd-numbered years and the vice chair in even-
1981	numbered years, from among the committee membership. Vacancies
1982	shall be filled in the same manner as the original appointment.
1983	Members shall serve without additional compensation, but shall
1984	be reimbursed for expenses.
1985	(2)  The committee shall:
1986	(a)  Recommend to the Governor nominees to fill a vacancy
1987	on the Public Service Commission, as provided by general law;
1988	and
1989	(b)  appoint a Public Counsel as provided by general law.
1990	(3)  The committee is authorized to file a complaint with
1991	the Commission on Ethics alleging a violation of this chapter by
1992	a commissioner, former commissioner, former commission employee,
1993	or member of the Public Service Commission Nominating Council.
1994	(3)(4)  The committee will not have a permanent staff, but
1995	the President of the Senate and the Speaker of the House of
1996	Representatives shall select staff members from among existing
1997	legislative staff, when and as needed.
1998	Section 30.  Section 350.03, Florida Statutes, is amended
1999	to read:
2000	350.03  Power of Governor to remove and to fill
2001	vacancies.-- The Governor shall have the same power to remove,
2002	suspend, or appoint to fill vacancies in the office of
2003	commissioners as in other offices, as set forth in s. 7, Art. IV
2004	of the State Constitution.
2005	Section 31.  Subsections (1) and (4) through (8) of section
2006	350.031, Florida Statutes, are amended, and a new subsection (8)
2007	is added to that section, to read:
2008	350.031  Florida Public Service Commission Nominating
2009	Council.--
2010	(1)(a)  There is created a Florida Public Service
2011	Commission Nominating Council consisting of 12 nine members. At
2012	least one member of the council must be 60 years of age or
2013	older. Six Three members, including three members one member of
2014	the House of Representatives, one of whom shall be a member of
2015	the minority party, shall be appointed by and serve at the
2016	pleasure of the Speaker of the House of Representatives. Six;
2017	three members, including three members one member of the Senate,
2018	one of whom shall be a member of the minority party, shall be
2019	appointed by and serve at the pleasure of the President of the
2020	Senate; and three members shall be selected and appointed by a
2021	majority vote of the other six members of the council.
2022	(b)  All terms shall be for 4 years except those members of
2023	the House and Senate, who shall serve 2-year terms concurrent
2024	with the 2-year elected terms of House members. All terms of the
2025	members of the Public Service Commission Nominating Council
2026	existing on June 30, 2008, shall terminate upon the effective
2027	date of this act; however, such members may serve an additional
2028	term if reappointed by the Speaker of the House of
2029	Representatives or the President of the Senate. To establish
2030	staggered terms, appointments of members shall be made for
2031	initial terms to begin on July 1, 2008, with each appointing
2032	officer to appoint three legislator members, one of whom shall
2033	be a member of the minority party, to terms through the
2034	remainder of the 2-year elected terms of House members; one non-
2035	legislator member to a 6-month term; one non-legislator member
2036	to a 30-month term; and one non-legislator member to a 42-month
2037	term. Thereafter, the terms of the Public Service Commission
2038	Nominating Council shall begin on January 2.
2039	(c)  The President of the Senate shall appoint the chair of
2040	the council in even-numbered years and the vice chair in odd-
2041	numbered years, and the Speaker of the House of Representatives
2042	shall appoint the chair of the council in odd-numbered years and
2043	the vice chair in even-numbered years, from among the council
2044	membership.
2045	(d)  Vacancies on the council shall be filled for the
2046	unexpired portion of the term in the same manner as original
2047	appointments to the council. A member may not be reappointed to
2048	the council, except for a member of the House of Representatives
2049	or the Senate who may be appointed to two 2-year terms, members
2050	who are reappointed pursuant to paragraph (b), or a person who
2051	is appointed to fill the remaining portion of an unexpired term.
2052	(4)  The council may spend a nominal amount, not to exceed
2053	$10,000, to advertise a vacancy on the council, which shall be
2054	funded by the Florida Public Service Regulatory Trust Fund.
2055	(4)(5)  A person may not be nominated to the Governor for
2056	appointment to the Committee on Public Service Commission
2057	Oversight until the council has determined that the person is
2058	competent and knowledgeable in one or more fields, which shall
2059	include, but not be limited to: public affairs, law, economics,
2060	accounting, engineering, finance, natural resource conservation,
2061	energy, or another field substantially related to the duties and
2062	functions of the commission. The commission shall fairly
2063	represent the above-stated fields. Recommendations of the
2064	council shall be nonpartisan.
2065	(5)(6)  It is the responsibility of the council to nominate
2066	to the Governor no fewer than three Committee on Public Service
2067	Commission Oversight six persons for each vacancy occurring on
2068	the Public Service Commission. The council shall submit the
2069	recommendations to the Governor by September 15 committee by
2070	August 1 of those years in which the terms are to begin the
2071	following January, or within 60 days after a vacancy occurs for
2072	any reason other than the expiration of the term.
2073	(6)(7)  The Committee on Public Service Commission
2074	Oversight shall select from the list of nominees provided by the
2075	nominating council three nominees for recommendation to the
2076	Governor for appointment to the commission. The recommendations
2077	must be provided to the Governor within 45 days after receipt of
2078	the list of nominees. The Governor shall fill a vacancy
2079	occurring on the Public Service Commission by appointment of one
2080	of the applicants nominated by the council committee only after
2081	a background investigation of such applicant has been conducted
2082	by the Florida Department of Law Enforcement. If the Governor
2083	has not made an appointment within 30 consecutive calendar days
2084	after the receipt of the recommendation, the council committee,
2085	by majority vote, shall appoint, within 30 days after the
2086	expiration of the Governor's time to make an appointment, one
2087	person from the applicants previously nominated to the Governor
2088	to fill the vacancy.
2089	(7)(8)  Each appointment to the Public Service Commission
2090	shall be subject to confirmation by the Senate during the next
2091	regular session after the vacancy occurs. If the Senate refuses
2092	to confirm or fails to consider rejects the Governor's
2093	appointment, the council shall initiate, in accordance with this
2094	section, the nominating process within 30 days.
2095	(8)  When the Governor makes an appointment, to fill a
2096	vacancy occurring due to expiration of the term, and that
2097	appointment has not been confirmed by the Senate before the
2098	appointing Governor's term ends, a successor Governor may,
2099	within 30 days after taking office, recall the appointment and,
2100	prior to the first day of the next regular session, make a
2101	replacement appointment from the list provided to the previous
2102	Governor by the council. Such an appointment is subject to
2103	confirmation by the Senate at the next regular session following
2104	the creation of the vacancy to which the appointments are being
2105	made. If the replacement appointment is not timely made, or if
2106	the appointment is not confirmed by the Senate for any reason,
2107	the council, by majority vote, shall appoint, within 30 days
2108	after the Legislature adjourns sine die, one person from the
2109	applicants previously nominated to the Governor to fill the
2110	vacancy, and this appointee is subject to confirmation by the
2111	Senate during the next regular session following the
2112	appointment.
2113	Section 32.  Subsection (1) of section 350.061, Florida
2114	Statutes, is amended to read:
2115	350.061  Public Counsel; appointment; oath; restrictions on
2116	Public Counsel and his or her employees.--
2117	(1)  The Committee on Public Counsel Service Commission
2118	Oversight shall appoint a Public Counsel by majority vote of the
2119	members of the committee to represent the general public of
2120	Florida before the Florida Public Service Commission. The Public
2121	Counsel shall be an attorney admitted to practice before the
2122	Florida Supreme Court and shall serve at the pleasure of the
2123	Committee on Public Counsel Service Commission Oversight,
2124	subject to biennial reconfirmation by the committee. The Public
2125	Counsel shall perform his or her duties independently. Vacancies
2126	in the office shall be filled in the same manner as the original
2127	appointment.
2128	Section 33.  Subsection (2) of section 350.0614, Florida
2129	Statutes, is amended to read:
2130	350.0614  Public Counsel; compensation and expenses.--
2131	(2)  The Legislature declares and determines that the
2132	Public Counsel is under the legislative branch of government
2133	within the intention of the legislation as expressed in chapter
2134	216, and no power shall be in the Executive Office of the
2135	Governor or its successor to release or withhold funds
2136	appropriated to it, but the same shall be available for
2137	expenditure as provided by law and the rules or decisions of the
2138	Committee on Public Counsel Service Commission Oversight.
2139	Section 34.  Subsection (7) is added to section 366.04,
2140	Florida Statutes, to read:
2141	366.04  Jurisdiction of commission.--
2142	(7)(a)  As used in this subsection, the term "affected
2143	municipal electric utility" means a municipality that operates
2144	an electric utility that:
2145	1.  Serves two cities in the same county;
2146	2.  Is located in a noncharter county;
2147	3.  Has between 30,000 and 35,000 retail electric customers
2148	as of September 30, 2007; and
2149	4.  Does not have a service territory that extends beyond
2150	its home county as of September 30, 2007.
2151	(b)  Each affected municipal electric utility shall conduct
2152	a referendum election of all of its retail electric customers,
2153	with each named retail electric customer having one vote,
2154	concurrent with the next regularly scheduled general election
2155	following the effective date of this act.
2156	(c)  The ballot for the referendum election required under
2157	paragraph (b) shall contain the following question: "Should a
2158	separate electric utility authority be created to operate the
2159	business of the electric utility in the affected municipal
2160	electric utility?" The statement shall be followed by the word
2161	"yes" and the word "no."
2162	(d)  The provisions of the Election Code relating to notice
2163	and conduct of the election shall be followed to the extent
2164	practicable. Costs of the referendum election shall be borne by
2165	the affected municipal electric utility.
2166	(e)  If a majority of the affected municipal electric
2167	utility's retail electric customers vote in favor of creating a
2168	separate electric utility authority, the affected municipal
2169	electric utility shall, no later than January 15, 2009, provide
2170	to each member of the Legislature whose district includes any
2171	portion of the electric service territory of the affected
2172	municipal electric utility a proposed charter that transfers
2173	operations of its electric, water, and sewer utility businesses
2174	to a duly-created authority, the governing board of which shall
2175	proportionally represent the number of county and city
2176	ratepayers of the electric utility.
2177	Section 35.  Section 366.81, Florida Statutes, is amended
2178	to read:
2179	366.81  Legislative findings and intent.--The Legislature
2180	finds and declares that it is critical to utilize the most
2181	efficient and cost-effective demand-side renewable energy
2182	systems and conservation systems in order to protect the health,
2183	prosperity, and general welfare of the state and its citizens.
2184	Reduction in, and control of, the growth rates of electric
2185	consumption and of weather-sensitive peak demand are of
2186	particular importance. The Legislature further finds that the
2187	Florida Public Service Commission is the appropriate agency to
2188	adopt goals and approve plans related to the promotion of
2189	demand-side renewable energy systems and the conservation of
2190	electric energy and natural gas usage. The Legislature directs
2191	the commission to develop and adopt overall goals and authorizes
2192	the commission to require each utility to develop plans and
2193	implement programs for increasing energy efficiency and
2194	conservation and demand-side renewable energy systems within its
2195	service area, subject to the approval of the commission. Since
2196	solutions to our energy problems are complex, the Legislature
2197	intends that the use of solar energy, renewable energy sources,
2198	highly efficient systems, cogeneration, and load-control systems
2199	be encouraged. Accordingly, in exercising its jurisdiction, the
2200	commission shall not approve any rate or rate structure which
2201	discriminates against any class of customers on account of the
2202	use of such facilities, systems, or devices. This expression of
2203	legislative intent shall not be construed to preclude
2204	experimental rates, rate structures, or programs. The
2205	Legislature further finds and declares that ss. 366.80-366.85
2206	and 403.519 are to be liberally construed in order to meet the
2207	complex problems of reducing and controlling the growth rates of
2208	electric consumption and reducing the growth rates of weather-
2209	sensitive peak demand; increasing the overall efficiency and
2210	cost-effectiveness of electricity and natural gas production and
2211	use; encouraging further development of demand-side renewable
2212	energy systems cogeneration facilities; and conserving expensive
2213	resources, particularly petroleum fuels.
2214	Section 36.  Section 366.82, Florida Statutes, is amended
2215	to read:
2216	366.82  Definition; goals; plans; programs; annual reports;
2217	energy audits.--
2218	(1)  For the purposes of ss. 366.80-366.85 and 403.519:,
2219	(a)  "Utility" means any person or entity of whatever form
2220	which provides electricity or natural gas at retail to the
2221	public, specifically including municipalities or
2222	instrumentalities thereof and cooperatives organized under the
2223	Rural Electric Cooperative Law and specifically excluding any
2224	municipality or instrumentality thereof, any cooperative
2225	organized under the Rural Electric Cooperative Law, or any other
2226	person or entity providing natural gas at retail to the public
2227	whose annual sales volume is less than 100 million therms or any
2228	municipality or instrumentality thereof and any cooperative
2229	organized under the Rural Electric Cooperative Law providing
2230	electricity at retail to the public whose annual sales as of
2231	July 1, 1993, to end-use customers is less than 2,000 gigawatt
2232	hours.
2233	(b)  "Demand-side renewable energy" means a system located
2234	on a customer's premises generating thermal or electric energy
2235	using Florida renewable energy resources and primarily intended
2236	to offset all or part of the customer's electricity requirements
2237	provided such system does not exceed 2 megawatts.
2238	(2)  The commission shall adopt appropriate goals for
2239	increasing the efficiency of energy consumption and increasing
2240	the development of demand-side renewable energy systems
2241	cogeneration, specifically including goals designed to increase
2242	the conservation of expensive resources, such as petroleum
2243	fuels, to reduce and control the growth rates of electric
2244	consumption, and to reduce the growth rates of weather-sensitive
2245	peak demand, and to encourage development of demand-side
2246	renewable energy resources. The commission may allow efficiency
2247	investments across generation, transmission, and distribution as
2248	well as efficiencies within the user base. The Executive Office
2249	of the Governor shall be a party in the proceedings to adopt
2250	goals. The commission may change the goals for reasonable cause.
2251	The time period to review the goals, however, shall not exceed 5
2252	years. After the programs and plans to meet those goals are
2253	completed, the commission shall determine what further goals,
2254	programs, or plans are warranted and, if so, shall adopt them.
2255	(3)  In developing the goals, the commission shall evaluate
2256	the full technical potential of all available demand-side and
2257	supply-side conservation and efficiency measures, including
2258	demand-side renewable energy systems. In establishing the goals,
2259	the commission shall take into consideration:
2260	(a)  The costs and benefits to customers participating in
2261	the measure.
2262	(b)  The costs and benefits to the general body of
2263	ratepayers as a whole, including utility incentives and
2264	participant contributions.
2265	(c)  The need for incentives to promote both customer-owned
2266	and utility-owned energy efficiency and demand-side renewable
2267	energy systems.
2268	(d)  The costs imposed by state and federal regulations on
2269	the emission of greenhouse gases.
2270	(4)  Subject to specific appropriation, the commission may
2271	expend up to $250,000 from the Florida Public Service Regulatory
2272	Trust Fund to obtain needed technical consulting assistance.
2273	(5)  The Florida Energy and Climate Commission shall be a
2274	party in the proceedings to adopt goals and shall file with the
2275	commission comments on the proposed goals, including, but not
2276	limited to:
2277	(a)  An evaluation of utility load forecasts, including an
2278	assessment of alternative supply-side and demand-side resource
2279	options.
2280	(b)  An analysis of various policy options that can be
2281	implemented to achieve a least-cost strategy, including
2282	nonutility programs targeted at reducing and controlling the per
2283	capita use of electricity in the state.
2284	(c)  An analysis of the impact of state and local building
2285	codes and appliance efficiency standards on the need for
2286	utility-sponsored conservation and energy efficiency measures
2287	and programs.
2288	(6)  The commission may change the goals for reasonable
2289	cause. The time period to review the goals, however, shall not
2290	exceed 5 years. After the programs and plans to meet those goals
2291	are completed, the commission shall determine what further
2292	goals, programs, or plans are warranted and adopt them.
2293	(7)(3)  Following adoption of goals pursuant to subsections
2294	subsection (2) and (3), the commission shall require each
2295	utility to develop plans and programs to meet the overall goals
2296	within its service area. The commission may require
2297	modifications or additions to a utility's plans and programs at
2298	any time it is in the public interest consistent with this act.
2299	In approving plans and programs for cost recovery, the
2300	commission shall have the flexibility to modify or deny plans or
2301	programs that would have an undue impact on the costs passed on
2302	to customers. If any plan or program includes loans, collection
2303	of loans, or similar banking functions by a utility and the plan
2304	is approved by the commission, the utility shall perform such
2305	functions, notwithstanding any other provision of the law. The
2306	commission may pledge up to $5 million of the Florida Public
2307	Service Regulatory Trust Fund to guarantee such loans. However,
2308	no utility shall be required to loan its funds for the purpose
2309	of purchasing or otherwise acquiring conservation measures or
2310	devices, but nothing herein shall prohibit or impair the
2311	administration or implementation of a utility plan as submitted
2312	by a utility and approved by the commission under this
2313	subsection. If the commission disapproves a plan, it shall
2314	specify the reasons for disapproval, and the utility whose plan
2315	is disapproved shall resubmit its modified plan within 30 days.
2316	Prior approval by the commission shall be required to modify or
2317	discontinue a plan, or part thereof, which has been approved. If
2318	any utility has not implemented its programs and is not
2319	substantially in compliance with the provisions of its approved
2320	plan at any time, the commission shall adopt programs required
2321	for that utility to achieve the overall goals. Utility programs
2322	may include variations in rate design, load control,
2323	cogeneration, residential energy conservation subsidy, or any
2324	other measure within the jurisdiction of the commission which
2325	the commission finds likely to be effective; this provision
2326	shall not be construed to preclude these measures in any plan or
2327	program.
2328	(8)  The commission may authorize financial rewards for
2329	those utilities over which it has rate-setting authority that
2330	exceed their goals and may authorize financial penalties for
2331	those utilities that fail to meet their goals, including, but
2332	not limited to, the sharing of generation, transmission, and
2333	distribution cost savings associated with conservation, energy
2334	efficiency, and demand-side renewable energy systems additions.
2335	(9)  The commission is authorized to allow an investor-
2336	owned electric utility an additional return on equity of up to
2337	50 basis points for exceeding 20 percent of their annual load-
2338	growth through energy efficiency and conservation measures. The
2339	additional return on equity shall be established by the
2340	commission through a limited proceeding.
2341	(10)(4)  The commission shall require periodic reports from
2342	each utility and shall provide the Legislature and the Governor
2343	with an annual report by March 1 of the goals it has adopted and
2344	its progress toward meeting those goals. The commission shall
2345	also consider the performance of each utility pursuant to ss.
2346	366.80-366.85 and 403.519 when establishing rates for those
2347	utilities over which the commission has ratesetting authority.
2348	(11)(5)  The commission shall require each utility to
2349	offer, or to contract to offer, energy audits to its residential
2350	customers. This requirement need not be uniform, but may be
2351	based on such factors as level of usage, geographic location, or
2352	any other reasonable criterion, so long as all eligible
2353	customers are notified. The commission may extend this
2354	requirement to some or all commercial customers. The commission
2355	shall set the charge for audits by rule, not to exceed the
2356	actual cost, and may describe by rule the general form and
2357	content of an audit. In the event one utility contracts with
2358	another utility to perform audits for it, the utility for which
2359	the audits are performed shall pay the contracting utility the
2360	reasonable cost of performing the audits. Each utility over
2361	which the commission has ratesetting authority shall estimate
2362	its costs and revenues for audits, conservation programs, and
2363	implementation of its plan for the immediately following 6-month
2364	period. Reasonable and prudent unreimbursed costs projected to
2365	be incurred, or any portion of such costs, may be added to the
2366	rates which would otherwise be charged by a utility upon
2367	approval by the commission, provided that the commission shall
2368	not allow the recovery of the cost of any company image-
2369	enhancing advertising or of any advertising not directly related
2370	to an approved conservation program. Following each 6-month
2371	period, each utility shall report the actual results for that
2372	period to the commission, and the difference, if any, between
2373	actual and projected results shall be taken into account in
2374	succeeding periods. The state plan as submitted for
2375	consideration under the National Energy Conservation Policy Act
2376	shall not be in conflict with any state law or regulation.
2377	(12)(6)(a)  Notwithstanding the provisions of s. 377.703,
2378	the commission shall be the responsible state agency for
2379	performing, coordinating, implementing, or administering the
2380	functions of the state plan submitted for consideration under
2381	the National Energy Conservation Policy Act and any acts
2382	amendatory thereof or supplemental thereto and for performing,
2383	coordinating, implementing, or administering the functions of
2384	any future federal program delegated to the state which relates
2385	to consumption, utilization, or conservation of electricity or
2386	natural gas; and the commission shall have exclusive
2387	responsibility for preparing all reports, information, analyses,
2388	recommendations, and materials related to consumption,
2389	utilization, or conservation of electrical energy which are
2390	required or authorized by s. 377.703.
2391	(b)  The Executive Office of the Governor shall be a party
2392	in the proceedings to adopt goals and shall file with the
2393	commission comments on the proposed goals including, but not
2394	limited to:
2395	1.  An evaluation of utility load forecasts, including an
2396	assessment of alternative supply and demand side resource
2397	options.
2398	2.  An analysis of various policy options which can be
2399	implemented to achieve a least-cost strategy.
2400	(13)(7)  The commission shall establish all minimum
2401	requirements for energy auditors used by each utility. The
2402	commission is authorized to contract with any public agency or
2403	other person to provide any training, testing, evaluation, or
2404	other step necessary to fulfill the provisions of this
2405	subsection.
2406	Section 37.  Paragraph (d) of subsection (1) of section
2407	366.8255, Florida Statutes, is amended to read:
2408	366.8255  Environmental cost recovery.--
2409	(1)  As used in this section, the term:
2410	(d)  "Environmental compliance costs" includes all costs or
2411	expenses incurred by an electric utility in complying with
2412	environmental laws or regulations, including, but not limited
2413	to:
2414	1.  Inservice capital investments, including the electric
2415	utility's last authorized rate of return on equity thereon.;
2416	2.  Operation and maintenance expenses.;
2417	3.  Fuel procurement costs.;
2418	4.  Purchased power costs.;
2419	5.  Emission allowance costs.;
2420	6.  Direct taxes on environmental equipment.; and
2421	7.  Costs or expenses prudently incurred by an electric
2422	utility pursuant to an agreement entered into on or after the
2423	effective date of this act and prior to October 1, 2002, between
2424	the electric utility and the Florida Department of Environmental
2425	Protection or the United States Environmental Protection Agency
2426	for the exclusive purpose of ensuring compliance with ozone
2427	ambient air quality standards by an electrical generating
2428	facility owned by the electric utility.
2429	8.  Costs or expenses prudently incurred for the
2430	quantification, reporting, and third-party verification as
2431	required for participation in greenhouse gas emission registries
2432	for greenhouse gases as defined in s. 403.44.
2433	9.  Costs or expenses prudently incurred for scientific
2434	research and geological assessments of carbon capture and
2435	storage conducted in this state for the purpose of reducing an
2436	electric utility's greenhouse gas emissions when such costs or
2437	expenses are incurred in joint research projects with Florida
2438	state government agencies and Florida state universities.
2439	Section 38.  Subsection (2) of section 366.91, Florida
2440	Statutes, is amended, subsection (5) is renumbered as subsection
2441	(8), and new subsections (5), (6), and (7) are added to that
2442	section, to read:
2443	366.91  Renewable energy.--
2444	(2)  As used in this section, the term:
2445	(a)  "Biomass" means a power source that is comprised of,
2446	but not limited to, combustible residues or gases from forest
2447	products manufacturing, waste, byproducts, or products from
2448	agricultural and orchard crops, waste or co-products products
2449	from livestock and poultry operations, waste or byproducts from
2450	and food processing, urban wood waste, municipal solid waste,
2451	municipal liquid waste treatment operations, and landfill gas.
2452	(b)  "Customer-owned renewable generation" means an
2453	electric generating system located on a customer's premises that
2454	is primarily intended to offset part or all of the customer's
2455	electricity requirements with renewable energy.
2456	(c)  "Net metering" means a metering and billing
2457	methodology whereby customer-owned renewable generation is
2458	allowed to offset the customer's electricity consumption on
2459	site.
2460	(d)(b)  "Renewable energy" means electrical energy produced
2461	from a method that uses one or more of the following fuels or
2462	energy sources: hydrogen produced from sources other than fossil
2463	fuels, biomass, solar energy, geothermal energy, wind energy,
2464	ocean energy, and hydroelectric power. The term includes the
2465	alternative energy resource, waste heat, from sulfuric acid
2466	manufacturing operations.
2467	(5)  On or before January 1, 2009, each public utility
2468	shall develop a standardized interconnection agreement and net
2469	metering program for customer-owned renewable generation. The
2470	commission shall establish requirements relating to the
2471	expedited interconnection and net metering of customer-owned
2472	renewable generation by public utilities and may adopt rules to
2473	administer this section.
2474	(6)  On or before July 1, 2009, each municipal electric
2475	utility and each rural electric cooperative that sells
2476	electricity at retail shall develop a standardized
2477	interconnection agreement and net metering program for customer-
2478	owned renewable generation. Each governing authority shall
2479	establish requirements relating to the expedited interconnection
2480	and net metering of customer-owned generation. By April 1 of
2481	each year, each municipal electric utility and rural electric
2482	cooperative utility serving retail customers shall file a report
2483	with the commission detailing customer participation in the
2484	interconnection and net metering program, including, but not
2485	limited to, the number and total capacity of interconnected
2486	generating systems and the total energy net metered in the
2487	previous year.
2488	(7)  Under the provisions of subsections (5) and (6), when
2489	a utility purchases power generated from biogas produced by the
2490	anaerobic digestion of agricultural waste, including food waste
2491	or other agricultural byproducts, net metering shall be
2492	available at a single metering point or as a part of conjunctive
2493	billing of multiple points for a customer at a single location,
2494	so long as the provision of such service and its associated
2495	charges, terms, and other conditions are not reasonably
2496	projected to result in higher cost electric service to the
2497	utility's general body of ratepayers or adversely affect the
2498	adequacy or reliability of electric service to all customers, as
2499	determined by the commission for public utilities, or as
2500	determined by the governing authority of the municipal electric
2501	utility or rural electric cooperative that serves at retail.
2502	Section 39.  Section 366.92, Florida Statutes, is amended
2503	to read:
2504	366.92  Florida renewable energy policy.--
2505	(1)  It is the intent of the Legislature to promote the
2506	development of renewable energy; protect the economic viability
2507	of Florida's existing renewable energy facilities; diversify the
2508	types of fuel used to generate electricity in Florida; lessen
2509	Florida's dependence on natural gas and fuel oil for the
2510	production of electricity; minimize the volatility of fuel
2511	costs; encourage investment within the state; improve
2512	environmental conditions; and, at the same time, minimize the
2513	costs of power supply to electric utilities and their customers.
2514	(2)  As used in For the purposes of this section, the term:
2515	(a)  "Florida renewable energy resources" means shall mean
2516	renewable energy, as defined in s. 377.803, that is produced in
2517	Florida.
2518	(b)  "Provider" means a "utility" as defined in s.
2519	366.8255(1)(a).
2520	(c)  "Renewable energy" means renewable energy as defined
2521	in s. 366.91(2)(d).
2522	(d)  "Renewable energy credit" or "REC" means a product
2523	that represents the unbundled, separable, renewable attribute of
2524	renewable energy produced in Florida and is equivalent to 1
2525	megawatt-hour of electricity generated by a source of renewable
2526	energy located in Florida.
2527	(e)  "Renewable portfolio standard" or "RPS" means the
2528	minimum percentage of total annual retail electricity sales by a
2529	provider to consumers in Florida that shall be supplied by
2530	renewable energy produced in Florida.
2531	(3)  The commission shall adopt rules for a renewable
2532	portfolio standard requiring each provider to supply renewable
2533	energy to its customers directly, by procuring, or through
2534	renewable energy credits. In developing the RPS rule, the
2535	commission shall consult the Department of Environmental
2536	Protection and the Florida Energy and Climate Commission. The
2537	rule shall not be implemented until ratified by the Legislature.
2538	The commission shall present a draft rule for legislative
2539	consideration by February 1, 2009.
2540	(a)  In developing the rule, the commission shall evaluate
2541	the current and forecasted levelized cost in cents per kilowatt
2542	hour through 2020 and current and forecasted installed capacity
2543	in kilowatts for each renewable energy generation method through
2544	2020.
2545	(b)  The commission's rule:
2546	1.  Shall include methods of managing the cost of
2547	compliance with the renewable portfolio standard, whether
2548	through direct supply or procurement of renewable power or
2549	through the purchase of renewable energy credits. The commission
2550	shall have rulemaking authority for providing annual cost
2551	recovery and incentive-based adjustments to authorized rates of
2552	return on common equity to providers to incentivize renewable
2553	energy. Notwithstanding s. 366.91(3) and (4), upon the
2554	ratification of the rules developed pursuant to this subsection,
2555	the commission may approve projects and power sales agreements
2556	with renewable power producers and the sale of renewable energy
2557	credits needed to comply with the renewable portfolio standard.
2558	In the event of any conflict, this subparagraph shall supersede
2559	s. 366.91(3) and (4).
2560	2.  Shall provide for appropriate compliance measures and
2561	the conditions under which noncompliance shall be excused due to
2562	a determination by the commission that the supply of renewable
2563	energy or renewable energy credits was not adequate to satisfy
2564	the demand for such energy or that the cost of securing
2565	renewable energy or renewable energy credits was cost
2566	prohibitive.
2567	3.  May provide added weight to energy provided by wind and
2568	solar photovoltaic over other forms of renewable energy, whether
2569	directly supplied or procured or indirectly obtained through the
2570	purchase of renewable energy credits.
2571	4.  Shall determine an appropriate period of time for which
2572	renewable energy credits may be used for purposes of compliance
2573	with the renewable portfolio standard.
2574	5.  Shall provide for monitoring of compliance with and
2575	enforcement of the requirements of this section.
2576	6.  Shall ensure that energy credited toward compliance
2577	with the requirements of this section is not credited toward any
2578	other purpose.
2579	7.  Shall include procedures to track and account for
2580	renewable energy credits, including ownership of renewable
2581	energy credits that are derived from a customer-owned renewable
2582	energy facility as a result of any action by a customer of an
2583	electric power supplier that is independent of a program
2584	sponsored by the electric power supplier.
2585	8.  Shall provide for the conditions and options for the
2586	repeal or alteration of the rule in the event that new
2587	provisions of federal law supplant or conflict with the rule.
2588	(c)  Beginning on April 1 of the year following final
2589	adoption of the commission's renewable portfolio standard rule,
2590	each provider shall submit a report to the commission describing
2591	the steps that have been taken in the previous year and the
2592	steps that will be taken in the future to add renewable energy
2593	to the provider's energy supply portfolio. The report shall
2594	state whether the provider was in compliance with the renewable
2595	portfolio standard during the previous year and how it will
2596	comply with the renewable portfolio standard in the upcoming
2597	year.
2598	(4)  In order to demonstrate the feasibility and viability
2599	of clean energy systems, the commission shall provide for full
2600	cost recovery under the environmental cost-recovery clause of
2601	all reasonable and prudent costs incurred by a provider for
2602	renewable energy projects that are zero greenhouse gas emitting
2603	at the point of generation, up to a total of 110 megawatts
2604	statewide, and for which the provider has secured necessary
2605	land, zoning permits, and transmission rights within the state.
2606	Such costs shall be deemed reasonable and prudent for purposes
2607	of cost recovery so long as the provider has used reasonable and
2608	customary industry practices in the design, procurement, and
2609	construction of the project in a cost-effective manner
2610	appropriate to the location of the facility. The provider shall
2611	report to the commission as part of the cost-recovery
2612	proceedings the construction costs, in-service costs, operating
2613	and maintenance costs, hourly energy production of the renewable
2614	energy project, and any other information deemed relevant by the
2615	commission. Any provider constructing a clean energy facility
2616	pursuant to this section shall file for cost recovery no later
2617	than July 1, 2009.
2618	(5)  Each municipal electric utility and rural electric
2619	cooperative shall develop standards for the promotion,
2620	encouragement, and expansion of the use of renewable energy
2621	resources and energy conservation and efficiency measures. On or
2622	before April 1, 2009, and annually thereafter, each municipal
2623	electric utility and electric cooperative shall submit to the
2624	commission a report that identifies such standards.
2625	(6)  Nothing in this section shall be construed to impede
2626	or impair terms and conditions of existing contracts.
2627	(3)  The commission may adopt appropriate goals for
2628	increasing the use of existing, expanded, and new Florida
2629	renewable energy resources. The commission may change the goals.
2630	The commission may review and reestablish the goals at least
2631	once every 5 years.
2632	(7)(4)  The commission may adopt rules to administer and
2633	implement the provisions of this section.
2634	Section 40.  Subsections (1), (2), and (6) of section
2635	366.93, Florida Statutes, are amended to read:
2636	366.93  Cost recovery for the siting, design, licensing,
2637	and construction of nuclear and integrated gasification combined
2638	cycle power plants.--
2639	(1)  As used in this section, the term:
2640	(a)  "Cost" includes, but is not limited to, all capital
2641	investments, including rate of return, any applicable taxes, and
2642	all expenses, including operation and maintenance expenses,
2643	related to or resulting from the siting, licensing, design,
2644	construction, or operation of the nuclear power plant, including
2645	new, expanded, or relocated electrical transmission lines or
2646	facilities of any size that are necessary thereto, or of the
2647	integrated gasification combined cycle power plant.
2648	(b)  "Electric utility" or "utility" has the same meaning
2649	as that provided in s. 366.8255(1)(a).
2650	(c)  "Integrated gasification combined cycle power plant"
2651	or "plant" means is an electrical power plant as defined in s.
2652	403.503(14)(13) that uses synthesis gas produced by integrated
2653	gasification technology.
2654	(d)  "Nuclear power plant" or "plant" means is an
2655	electrical power plant as defined in s. 403.503(14)(13) that
2656	uses nuclear materials for fuel.
2657	(e)  "Power plant" or "plant" means a nuclear power plant
2658	or an integrated gasification combined cycle power plant.
2659	(f)  "Preconstruction" is that period of time after a site,
2660	including any related electrical transmission lines or
2661	facilities, has been selected through and including the date the
2662	utility completes site clearing work. Preconstruction costs
2663	shall be afforded deferred accounting treatment and shall accrue
2664	a carrying charge equal to the utility's allowance for funds
2665	during construction (AFUDC) rate until recovered in rates.
2666	(2)  Within 6 months after the enactment of this act, the
2667	commission shall establish, by rule, alternative cost recovery
2668	mechanisms for the recovery of costs incurred in the siting,
2669	design, licensing, and construction of a nuclear power plant,
2670	including new, expanded, or relocated electrical transmission
2671	lines and facilities that are necessary thereto, or of an
2672	integrated gasification combined cycle power plant. Such
2673	mechanisms shall be designed to promote utility investment in
2674	nuclear or integrated gasification combined cycle power plants
2675	and allow for the recovery in rates of all prudently incurred
2676	costs, and shall include, but are not be limited to:
2677	(a)  Recovery through the capacity cost recovery clause of
2678	any preconstruction costs.
2679	(b)  Recovery through an incremental increase in the
2680	utility's capacity cost recovery clause rates of the carrying
2681	costs on the utility's projected construction cost balance
2682	associated with the nuclear or integrated gasification combined
2683	cycle power plant. To encourage investment and provide
2684	certainty, for nuclear or integrated gasification combined cycle
2685	power plant need petitions submitted on or before December 31,
2686	2010, associated carrying costs shall be equal to the pretax
2687	AFUDC in effect upon this act becoming law. For nuclear or
2688	integrated gasification combined cycle power plants for which
2689	need petitions are submitted after December 31, 2010, the
2690	utility's existing pretax AFUDC rate is presumed to be
2691	appropriate unless determined otherwise by the commission in the
2692	determination of need for the nuclear or integrated gasification
2693	combined cycle power plant.
2694	(6)  If In the event the utility elects not to complete or
2695	is precluded from completing construction of the nuclear power
2696	plant, including new, expanded, or relocated electrical
2697	transmission lines or facilities necessary thereto, or of the
2698	integrated gasification combined cycle power plant, the utility
2699	shall be allowed to recover all prudent preconstruction and
2700	construction costs incurred following the commission's issuance
2701	of a final order granting a determination of need for the
2702	nuclear power plant and electrical transmission lines and
2703	facilities necessary thereto or for the integrated gasification
2704	combined cycle power plant. The utility shall recover such costs
2705	through the capacity cost recovery clause over a period equal to
2706	the period during which the costs were incurred or 5 years,
2707	whichever is greater. The unrecovered balance during the
2708	recovery period will accrue interest at the utility's weighted
2709	average cost of capital as reported in the commission's earnings
2710	surveillance reporting requirement for the prior year.
2711	Section 41.  Section 377.601, Florida Statutes, is amended
2712	to read:
2713	377.601  Legislative intent.--
2714	(1)  The Legislature finds that the state's energy security
2715	can be increased by lessening dependence on foreign oil; that
2716	the impacts of global climate change can be reduced through the
2717	reduction of greenhouse gas emissions; and that the
2718	implementation of alternative energy technologies can be a
2719	source of new jobs and employment opportunities for many
2720	Floridians. The Legislature further finds that the state is
2721	positioned at the front line against potential impacts of global
2722	climate change. Human and economic costs of those impacts can be
2723	averted by global actions and, where necessary, adapted to by a
2724	concerted effort to make Florida's communities more resilient
2725	and less vulnerable to these impacts. In focusing the
2726	government's policy and efforts to benefit and protect our
2727	state, its citizens, and its resources, the Legislature believes
2728	that a single government entity with a specific focus on energy
2729	and climate change is both desirable and advantageous. Further,
2730	the Legislature finds that energy infrastructure provides the
2731	foundation for secure and reliable access to the energy supplies
2732	and services on which Florida depends. Therefore, there is
2733	significant value to Florida consumers that comes from
2734	investment in Florida's energy infrastructure that increases
2735	system reliability, enhances energy independence and
2736	diversification, stabilizes energy costs, and reduces greenhouse
2737	gas emissions ability to deal effectively with present shortages
2738	of resources used in the production of energy is aggravated and
2739	intensified because of inadequate or nonexistent information and
2740	that intelligent response to these problems and to the
2741	development of a state energy policy demands accurate and
2742	relevant information concerning energy supply, distribution, and
2743	use. The Legislature finds and declares that a procedure for the
2744	collection and analysis of data on the energy flow in this state
2745	is essential to the development and maintenance of an energy
2746	profile defining the characteristics and magnitudes of present
2747	and future energy demands and availability so that the state may
2748	rationally deal with present energy problems and anticipate
2749	future energy problems.
2750	(2)  The Legislature further recognizes that every state
2751	official dealing with energy problems should have current and
2752	reliable information on the types and quantity of energy
2753	resources produced, imported, converted, distributed, exported,
2754	stored, held in reserve, or consumed within the state.
2755	(3)  It is the intent of the Legislature in the passage of
2756	this act to provide the necessary mechanisms for the effective
2757	development of information necessary to rectify the present lack
2758	of information which is seriously handicapping the state's
2759	ability to deal effectively with the energy problem. To this
2760	end, the provisions of ss. 377.601-377.608 should be given the
2761	broadest possible interpretation consistent with the stated
2762	legislative desire to procure vital information.
2763	(2)(4)  It is the policy of the State of Florida to:
2764	(a)  Develop and promote the effective use of energy in the
2765	state, and discourage all forms of energy waste, and recognize
2766	and address the potential of global climate change wherever
2767	possible.
2768	(b)  Play a leading role in developing and instituting
2769	energy management programs aimed at promoting energy
2770	conservation, energy security, and the reduction of greenhouse
2771	gas emissions.
2772	(c)  Include energy considerations in all state, regional,
2773	and local planning.
2774	(d)  Utilize and manage effectively energy resources used
2775	within state agencies.
2776	(e)  Encourage local governments to include energy
2777	considerations in all planning and to support their work in
2778	promoting energy management programs.
2779	(f)  Include the full participation of citizens in the
2780	development and implementation of energy programs.
2781	(g)  Consider in its decisions the energy needs of each
2782	economic sector, including residential, industrial, commercial,
2783	agricultural, and governmental uses, and reduce those needs
2784	whenever possible.
2785	(h)  Promote energy education and the public dissemination
2786	of information on energy and its environmental, economic, and
2787	social impact.
2788	(i)  Encourage the research, development, demonstration,
2789	and application of alternative energy resources, particularly
2790	renewable energy resources.
2791	(j)  Consider, in its decisionmaking, the social, economic,
2792	and environmental impacts of energy-related activities,
2793	including the whole-life-cycle impacts of any potential energy
2794	use choices, so that detrimental effects of these activities are
2795	understood and minimized.
2796	(k)  Develop and maintain energy emergency preparedness
2797	plans to minimize the effects of an energy shortage within
2798	Florida.
2799	Section 42.  All of the records, property, unexpended
2800	balances of appropriations, and personnel related to the Florida
2801	Energy Commission for the administration and implementation of
2802	s. 377.901, Florida Statutes, shall be transferred from the
2803	Office of Legislative Services to the Florida Energy and Climate
2804	Commission in the Executive Office of the Governor. The
2805	Executive Office of the Governor is authorized to establish four
2806	full-time equivalent positions to staff the Florida Energy and
2807	Climate Commission.
2808	Section 43.  Section 377.6015, Florida Statutes, is created
2809	to read:
2810	377.6015  Florida Energy and Climate Commission.--
2811	(1)  The Florida Energy and Climate Commission is created
2812	within the Executive Office of the Governor. The commission
2813	shall be comprised of nine members appointed by the Governor,
2814	the Commissioner of Agriculture, and the Chief Financial
2815	Officer.
2816	(a)  The Governor shall appoint one member from three
2817	persons nominated by the Florida Public Service Commission
2818	Nominating Council, created in s. 350.031, to each of seven
2819	seats on the commission. The Commissioner of Agriculture shall
2820	appoint one member from three persons nominated by the council
2821	to one seat on the commission. The Chief Financial Officer shall
2822	appoint one member from three persons nominated by the council
2823	to one seat on the commission.
2824	1.  The council shall submit the recommendations to the
2825	Governor, the Commissioner of Agriculture, and the Chief
2826	Financial Officer by September 1 of those years in which the
2827	terms are to begin the following October or within 60 days after
2828	a vacancy occurs for any reason other than the expiration of the
2829	term. The Governor, the Commissioner of Agriculture, and the
2830	Chief Financial Officer may proffer names of persons to be
2831	considered for nomination by the council.
2832	2.  The Governor, the Commissioner of Agriculture, and the
2833	Chief Financial Officer shall fill a vacancy occurring on the
2834	commission by appointment of one of the applicants nominated by
2835	the council only after a background investigation of such
2836	applicant has been conducted by the Department of Law
2837	Enforcement.
2838	3.  Members shall be appointed to 3-year terms; however, in
2839	order to establish staggered terms, for the initial
2840	appointments, the Governor shall appoint four members to 3-year
2841	terms, two members to 2-year terms, and one member to a 1-year
2842	term, and the Commissioner of Agriculture and the Chief
2843	Financial Officer shall each appoint one member to a 3-year term
2844	and shall appoint a successor when that appointee's term expires
2845	in the same manner as the original appointment.
2846	4.  The Governor shall select from the membership of the
2847	commission one person to serve as chair.
2848	5.  A vacancy on the commission shall be filled for the
2849	unexpired portion of the term in the same manner as the original
2850	appointment.
2851	6.  If the Governor, the Commissioner of Agriculture, or
2852	the Chief Financial Officer has not made an appointment within
2853	30 consecutive calendar days after the receipt of the
2854	recommendations, the council shall initiate, in accordance with
2855	this section, the nominating process within 30 days.
2856	7.  Each appointment to the commission shall be subject to
2857	confirmation by the Senate during the next regular session after
2858	the vacancy occurs. If the Senate refuses to confirm or fails to
2859	consider the appointment of the Governor, the Commissioner of
2860	Agriculture, or the Chief Financial Officer, the council shall
2861	initiate, in accordance with this section, the nominating
2862	process within 30 days.
2863	8.  The Governor or the Governor's successor may recall an
2864	appointee.
2865	(b)  Members must meet the following qualifications and
2866	restrictions:
2867	1.  A member must be an expert in one or more of the
2868	following fields: energy, natural resource conservation,
2869	economics, engineering, finance, law, transportation and land
2870	use, consumer protection, state energy policy, or another field
2871	substantially related to the duties and functions of the
2872	commission. The commission shall fairly represent the fields
2873	specified in this subparagraph.
2874	2.  Each member shall, at the time of appointment and at
2875	each commission meeting during his or her term of office,
2876	disclose:
2877	a.  Whether he or she has any financial interest, other
2878	than ownership of shares in a mutual fund, in any business
2879	entity that, directly or indirectly, owns or controls, or is an
2880	affiliate or subsidiary of, any business entity that may be
2881	affected by the policy recommendations developed by the
2882	commission.
2883	b.  Whether he or she is employed by or is engaged in any
2884	business activity with any business entity that, directly or
2885	indirectly, owns or controls, or is an affiliate or subsidiary
2886	of, any business entity that may be affected by the policy
2887	recommendations developed by the commission.
2888	(c)  The chair may designate the following ex officio,
2889	nonvoting members to provide information and advice to the
2890	commission at the request of the chair:
2891	1.  The chair of the Florida Public Service Commission, or
2892	his or her designee.
2893	2.  The Public Counsel, or his or her designee.
2894	3.  A representative of the Department of Agriculture and
2895	Consumer Services.
2896	4.  A representative of the Department of Financial
2897	Services.
2898	5.  A representative of the Department of Environmental
2899	Protection.
2900	6.  A representative of the Department of Community
2901	Affairs.
2902	7.  A representative of the Board of Governors of the State
2903	University System.
2904	8.  A representative of the Department of Transportation.
2905	(2)  Members shall serve without compensation but are
2906	entitled to reimbursement for per diem and travel expenses as
2907	provided in s. 112.061.
2908	(3)  Meetings of the commission may be held in various
2909	locations around the state and at the call of the chair;
2910	however, the commission must meet at least six times each year.
2911	(4)  The commission may:
2912	(a)  Employ staff and counsel as needed in the performance
2913	of its duties.
2914	(b)  Prosecute and defend legal actions in its own name.
2915	(c)  Form advisory groups consisting of members of the
2916	public to provide information on specific issues.
2917	(5)  The commission shall:
2918	(a)  Administer the Florida Renewable Energy and Energy
2919	Efficient Technologies Grants Program pursuant to s. 377.804 to
2920	assure a robust grant portfolio.
2921	(b)  Develop policy for requiring grantees to provide
2922	royalty-sharing or licensing agreements with state government
2923	for commercialized products developed under a state grant.
2924	(c)  Administer the Florida Green Government Grants Act
2925	pursuant to s. 377.808 and set annual priorities for grants.
2926	(d)  Administer the information gathering and reporting
2927	functions pursuant to ss. 377.601-377.608.
2928	(e)  Administer petroleum planning and emergency
2929	contingency planning pursuant to ss. 377.701, 377.703, and
2930	377.704.
2931	(f)  Represent Florida in the Southern States Energy
2932	Compact pursuant to ss. 377.71-377.712.
2933	(g)  Complete the annual assessment of the efficacy of
2934	Florida's Energy and Climate Change Action Plan, upon completion
2935	by the Governor's Action Team on Energy and Climate Change
2936	pursuant to the Governor's Executive Order 2007-128, and
2937	provide specific recommendations to the Governor and the
2938	Legislature each year to improve results.
2939	(h)  Administer the provisions of the Florida Energy and
2940	Climate Protection Act pursuant to ss. 377.801-377.806.
2941	(i)  Advocate for energy and climate change issues and
2942	provide educational outreach and technical assistance in
2943	cooperation with the state's academic institutions.
2944	(j)  Be a party in the proceedings to adopt goals and
2945	submit comments to the Public Service Commission pursuant to s.
2946	366.82.
2947	(k)  Adopt rules pursuant to chapter 120 in order to
2948	implement all powers and duties described in this section.
2949	Section 44.  Section 377.602, Florida Statutes, is amended
2950	to read:
2951	377.602  Definitions.--As used in ss. 377.601-377.608:
2952	(1)  "Commission" means the Florida Energy and Climate
2953	Commission.
2954	(2)(1)  "Energy resources" includes, but shall not be
2955	limited to:
2956	(a)  Energy converted from solar radiation, wind, hydraulic
2957	potential, tidal movements, biomass, geothermal sources, and
2958	other energy resources the commission determines to be important
2959	to the production or supply of energy.
2960	(b)(a)  Propane, butane, motor gasoline, kerosene, home
2961	heating oil, diesel fuel, other middle distillates, aviation
2962	gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
2963	residual fuels, crude oil, and other petroleum products and
2964	hydrocarbons as may be determined by the commission department
2965	to be of importance.
2966	(c)(b)  All natural gas, including casinghead gas, all
2967	other hydrocarbons not defined as petroleum products in
2968	paragraph (b) (a), and liquefied petroleum gas as defined in s.
2969	527.01.
2970	(d)(c)  All types of coal and products derived from its
2971	conversion and used as fuel.
2972	(e)(d)  All types of nuclear energy, special nuclear
2973	material, and source material, as defined in former s. 290.07.
2974	(e)  Every other energy resource, whether natural or
2975	manmade which the department determines to be important to the
2976	production or supply of energy, including, but not limited to,
2977	energy converted from solar radiation, wind, hydraulic
2978	potential, tidal movements, and geothermal sources.
2979	(f)  All electrical energy.
2980	(2)  "Department" means the Department of Environmental
2981	Protection.
2982	(3)  "Person" means producer, refiner, wholesaler,
2983	marketer, consignee, jobber, distributor, storage operator,
2984	importer, exporter, firm, corporation, broker, cooperative,
2985	public utility as defined in s. 366.02, rural electrification
2986	cooperative, municipality engaged in the business of providing
2987	electricity or other energy resources to the public, pipeline
2988	company, person transporting any energy resources as defined in
2989	subsection (2) (1), and person holding energy reserves for
2990	further production; however, "person" does not include persons
2991	exclusively engaged in the retail sale of petroleum products.
2992	Section 45.  All of the powers, duties, functions, records,
2993	personnel, and property; unexpended balances of appropriations,
2994	allocations, and other funds; administrative authority;
2995	administrative rules; pending issues; and existing contracts of
2996	the state energy program in the Department of Environmental
2997	Protection, as authorized and governed by ss. 20.255, 288.041,
2998	377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
2999	are transferred by a type two transfer, pursuant to s. 20.06(2),
3000	Florida Statutes, to the Florida Energy and Climate Commission
3001	in the Executive Office of the Governor.
3002	Section 46.  Section 377.603, Florida Statutes, is amended
3003	to read:
3004	377.603  Energy data collection; powers and duties of the
3005	commission Department of Environmental Protection.--
3006	(1)  The commission may department shall collect data on
3007	the extraction, production, importation, exportation,
3008	refinement, transportation, transmission, conversion, storage,
3009	sale, or reserves of energy resources in this state in an
3010	efficient and expeditious manner.
3011	(2)  The commission may department shall prepare periodic
3012	reports of energy data it collects.
3013	(3)  The department shall prescribe and furnish forms for
3014	the collection of information as required by ss. 377.601-377.608
3015	and shall consult with other state entities to assure that such
3016	data collected will meet their data requirements.
3017	(3)(4)  The commission department may adopt and promulgate
3018	such rules and regulations as are necessary to carry out the
3019	provisions of ss. 377.601-377.608. Such rules shall be pursuant
3020	to chapter 120.
3021	(4)(5)  The commission department shall maintain internal
3022	validation procedures to assure the accuracy of information
3023	received.
3024	Section 47.  Section 377.604, Florida Statutes, is amended
3025	to read:
3026	377.604  Required reports.--Every person who produces,
3027	imports, exports, refines, transports, transmits, converts,
3028	stores, sells, or holds known reserves of any form of energy
3029	resources used as fuel shall report to the commission, at the
3030	request of department at a frequency set, and in a manner
3031	prescribed, by the commission department, on forms provided by
3032	the commission department and prepared with the advice of
3033	representatives of the energy industry. Such forms shall be
3034	designed in such a manner as to indicate:
3035	(1)  The identity of the person or persons making the
3036	report.
3037	(2)  The quantity of energy resources extracted, produced,
3038	imported, exported, refined, transported, transmitted,
3039	converted, stored, or sold except at retail.
3040	(3)  The quantity of energy resources known to be held in
3041	reserve in the state.
3042	(4)  The identity of each refinery from which petroleum
3043	products have normally been obtained and the type and quantity
3044	of products secured from that refinery for sale or resale in
3045	this state.
3046	(5)  Any other information which the commission department
3047	deems proper pursuant to the intent of ss. 377.601-377.608.
3048	Section 48.  Section 377.605, Florida Statutes, is amended
3049	to read:
3050	377.605  Use of existing information.--The commission may
3051	department shall utilize to the fullest extent possible any
3052	existing energy information already prepared for state or
3053	federal agencies. Every state, county, and municipal agency
3054	shall cooperate with the commission department and shall submit
3055	any information on energy to the commission department upon
3056	request.
3057	Section 49.  Section 377.606, Florida Statutes, is amended
3058	to read:
3059	377.606  Records of the commission department; limits of
3060	confidentiality.--The information or records of individual
3061	persons, as defined in this section herein, obtained by the
3062	commission department as a result of a report, investigation, or
3063	verification required by the commission department, shall be
3064	open to the public, except such information the disclosure of
3065	which would be likely to cause substantial harm to the
3066	competitive position of the person providing such information
3067	and which is requested to be held confidential by the person
3068	providing such information. Such proprietary information is
3069	confidential and exempt from the provisions of s. 119.07(1).
3070	Information reported by entities other than the commission
3071	department in documents or reports open to public inspection
3072	shall under no circumstances be classified as confidential by
3073	the commission department. Divulgence of proprietary information
3074	as is requested to be held confidential, except upon order of a
3075	court of competent jurisdiction or except to an officer of the
3076	state entitled to receive the same in his or her official
3077	capacity, shall be a misdemeanor of the second degree,
3078	punishable as provided in ss. 775.082 and 775.083. Nothing in
3079	this section herein shall be construed to prohibit the
3080	publication or divulgence by other means of data so classified
3081	as to prevent identification of particular accounts or reports
3082	made to the commission department in compliance with s. 377.603
3083	or to prohibit the disclosure of such information to properly
3084	qualified legislative committees. The commission department
3085	shall establish a system which permits reasonable access to
3086	information developed.
3087	Section 50.  Section 377.608, Florida Statutes, is amended
3088	to read:
3089	377.608  Prosecution of cases by state attorney.--The state
3090	attorney shall prosecute all cases certified to him or her for
3091	prosecution by the commission department immediately upon
3092	receipt of the evidence transmitted by the commission
3093	department, or as soon thereafter as practicable.
3094	Section 51.  Section 377.701, Florida Statutes, is amended
3095	to read:
3096	377.701  Petroleum allocation.--
3097	(1)  The Florida Energy and Climate Commission Department
3098	of Environmental Protection shall assume the state's role in
3099	petroleum allocation and conservation, including the development
3100	of a fair and equitable petroleum plan. The commission
3101	department shall constitute the responsible state agency for
3102	performing the functions of any federal program delegated to the
3103	state, which relates to petroleum supply, demand, and
3104	allocation.
3105	(2)  The commission department shall, in addition to
3106	assuming the duties and responsibilities provided by subsection
3107	(1), perform the following:
3108	(a)  In projecting available supplies of petroleum,
3109	coordinate with the Department of Revenue to secure information
3110	necessary to assure the sufficiency and accuracy of data
3111	submitted by persons affected by any federal fuel allocation
3112	program.
3113	(b)  Require such periodic reports from public and private
3114	sources as may be necessary to the fulfillment of its
3115	responsibilities under this act. Such reports may include:
3116	petroleum use; all sales, including end-user sales, except
3117	retail gasoline and retail fuel oil sales; inventories; expected
3118	supplies and allocations; and petroleum conservation measures.
3119	(c)  In cooperation with the Department of Revenue and
3120	other relevant state agencies, provide for long-range studies
3121	regarding the usage of petroleum in the state in order to:
3122	1.  Comprehend the consumption of petroleum resources.
3123	2.  Predict future petroleum demands in relation to
3124	available resources.
3125	3.  Report the results of such studies to the Legislature.
3126	(3)  For the purpose of determining accuracy of data, all
3127	state agencies shall timely provide the commission department
3128	with petroleum-use information in a format suitable to the needs
3129	of the allocation program.
3130	(4)  A No state employee may not shall divulge or make
3131	known in any manner any proprietary information acquired under
3132	this act if the disclosure of such information would be likely
3133	to cause substantial harm to the competitive position of the
3134	person providing such information and if the person requests
3135	that such information be held confidential, except in accordance
3136	with a court order or in the publication of statistical
3137	information compiled by methods which do would not disclose the
3138	identity of individual suppliers or companies. Such proprietary
3139	information is confidential and exempt from the provisions of s.
3140	119.07(1). Nothing in this subsection shall be construed to
3141	prevent inspection of reports by the Attorney General, members
3142	of the Legislature, and interested state agencies; however, such
3143	agencies and their employees and members are bound by the
3144	requirements set forth in this subsection.
3145	(5)  Any person who willfully fails to submit information
3146	required by this act or submits false information or who
3147	violates any provision of this act commits is guilty of a
3148	misdemeanor of the first degree and shall be punished as
3149	provided in ss. 775.082 and 775.083.
3150	Section 52.  Section 377.703, Florida Statutes, is amended
3151	to read:
3152	377.703  Additional functions of the Florida Energy and
3153	Climate Commission Department of Environmental Protection;
3154	energy emergency contingency plan; federal and state
3155	conservation programs.--
3156	(1)  LEGISLATIVE INTENT.--Recognizing that energy supply
3157	and demand questions have become a major area of concern to the
3158	state which must be dealt with by effective and well-coordinated
3159	state action, it is the intent of the Legislature to promote the
3160	efficient, effective, and economical management of energy
3161	problems, centralize energy coordination responsibilities,
3162	pinpoint responsibility for conducting energy programs, and
3163	ensure the accountability of state agencies for the
3164	implementation of s. 377.601(2)(4), the state energy policy. It
3165	is the specific intent of the Legislature that nothing in this
3166	act shall in any way change the powers, duties, and
3167	responsibilities assigned by the Florida Electrical Power Plant
3168	Siting Act, part II of chapter 403, or the powers, duties, and
3169	responsibilities of the Florida Public Service Commission.
3170	(2)  DEFINITIONS.--
3171	(a)  "Coordinate," "coordination," or "coordinating" means
3172	the examination and evaluation of state plans and programs and
3173	the providing of recommendations to the Cabinet, Legislature,
3174	and appropriate state agency on any measures deemed necessary to
3175	ensure that such plans and programs are consistent with state
3176	energy policy.
3177	(b)  "Energy conservation" means increased efficiency in
3178	the utilization of energy.
3179	(c)  "Energy emergency" means an actual or impending
3180	shortage or curtailment of usable, necessary energy resources,
3181	such that the maintenance of necessary services, the protection
3182	of public health, safety, and welfare, or the maintenance of
3183	basic sound economy is imperiled in any geographical section of
3184	the state or throughout the entire state.
3185	(d)  "Energy source" means electricity, fossil fuels, solar
3186	power, wind power, hydroelectric power, nuclear power, or any
3187	other resource which has the capacity to do work.
3188	(e)  "Facilities" means any building or structure not
3189	otherwise exempted by the provisions of this act.
3190	(f)  "Fuel" means petroleum, crude oil, petroleum product,
3191	coal, natural gas, or any other substance used primarily for its
3192	energy content.
3193	(g)  "Local government" means any county, municipality,
3194	regional planning agency, or other special district or local
3195	governmental entity the policies or programs of which may affect
3196	the supply or demand, or both, for energy in the state.
3197	(h)  "Promotion" or "promote" means to encourage, aid,
3198	assist, provide technical and financial assistance, or otherwise
3199	seek to plan, develop, and expand.
3200	(i)  "Regional planning agency" means those agencies
3201	designated as regional planning agencies by the Department of
3202	Community Affairs.
3203	(j)  "Renewable energy resource" means any method, process,
3204	or substance the use of which does not diminish its availability
3205	or abundance, including, but not limited to, biomass conversion,
3206	geothermal energy, solar energy, wind energy, wood fuels derived
3207	from waste, ocean thermal gradient power, hydroelectric power,
3208	and fuels derived from agricultural products.
3209	(2)(3)  FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
3210	ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
3211	Environmental Protection shall, in addition to assuming the
3212	duties and responsibilities provided by ss. 20.255 and 377.701,
3213	perform the following functions consistent with the development
3214	of a state energy policy:
3215	(a)  The commission department shall assume the
3216	responsibility for development of an energy emergency
3217	contingency plan to respond to serious shortages of primary and
3218	secondary energy sources. Upon a finding by the Governor,
3219	implementation of any emergency program shall be upon order of
3220	the Governor that a particular kind or type of fuel is, or that
3221	the occurrence of an event which is reasonably expected within
3222	30 days will make the fuel, in short supply. The commission
3223	department shall then respond by instituting the appropriate
3224	measures of the contingency plan to meet the given emergency or
3225	energy shortage. The Governor may utilize the provisions of s.
3226	252.36(5) to carry out any emergency actions required by a
3227	serious shortage of energy sources.
3228	(b)  The commission department shall be constitute the
3229	responsible state agency for performing or coordinating the
3230	functions of any federal energy programs delegated to the state,
3231	including energy supply, demand, conservation, or allocation.
3232	(c)  The commission department shall analyze present and
3233	proposed federal energy programs and make recommendations
3234	regarding those programs to the Governor and the Legislature.
3235	(d)  The commission department shall coordinate efforts to
3236	seek federal support or other support for state energy
3237	activities, including energy conservation, research, or
3238	development, and shall be the state agency responsible for the
3239	coordination of multiagency energy conservation programs and
3240	plans.
3241	(e)  The commission department shall analyze energy data
3242	collected and prepare long-range forecasts of energy supply and
3243	demand in coordination with the Florida Public Service
3244	Commission, which shall have responsibility for electricity and
3245	natural gas forecasts. To this end, the forecasts shall contain:
3246	1.  An analysis of the relationship of state economic
3247	growth and development to energy supply and demand, including
3248	the constraints to economic growth resulting from energy supply
3249	constraints.
3250	2.  Plans for the development of renewable energy resources
3251	and reduction in dependence on depletable energy resources,
3252	particularly oil and natural gas, and an analysis of the extent
3253	to which renewable energy sources are being utilized in the
3254	state.
3255	3.  Consideration of alternative scenarios of statewide
3256	energy supply and demand for 5, 10, and 20 years, to identify
3257	strategies for long-range action, including identification of
3258	potential social, economic, and environmental effects.
3259	4.  An assessment of the state's energy resources,
3260	including examination of the availability of commercially
3261	developable and imported fuels, and an analysis of anticipated
3262	effects on the state's environment and social services resulting
3263	from energy resource development activities or from energy
3264	supply constraints, or both.
3265	(f)  The commission department shall submit an annual
3266	report to make a report, as requested by the Governor and or the
3267	Legislature, reflecting its activities and making
3268	recommendations of policies for improvement of the state's
3269	response to energy supply and demand and its effect on the
3270	health, safety, and welfare of the people of Florida. The report
3271	shall include a report from the Florida Public Service
3272	Commission on electricity and natural gas and information on
3273	energy conservation programs conducted and underway under way in
3274	the past year and shall include recommendations for energy
3275	conservation programs for the state, including, but not limited
3276	to, the following factors:
3277	1.  Formulation of specific recommendations for improvement
3278	in the efficiency of energy utilization in governmental,
3279	residential, commercial, industrial, and transportation sectors.
3280	2.  Collection and dissemination of information relating to
3281	energy conservation.
3282	3.  Development and conduct of educational and training
3283	programs relating to energy conservation.
3284	4.  An analysis of the ways in which state agencies are
3285	seeking to implement s. 377.601(2)(4), the state energy policy,
3286	and recommendations for better fulfilling this policy.
3287	(g)  The commission department has authority to adopt rules
3288	pursuant to ss. 120.536(1) and 120.54 to implement the
3289	provisions of this act.
3290	(h)  The commission shall promote the development and use
3291	of renewable energy resources, in conformance with the
3292	provisions of chapter 187 and s. 377.601, by:
3293	1.  Establishing goals and strategies for increasing the
3294	use of solar energy in this state.
3295	2.  Aiding and promoting the commercialization of solar
3296	energy technology, in cooperation with the Florida Solar Energy
3297	Center, Enterprise Florida, Inc., and any other federal, state,
3298	or local governmental agency which may seek to promote research,
3299	development, and demonstration of solar energy equipment and
3300	technology.
3301	3.  Identifying barriers to greater use of solar energy
3302	systems in this state, and developing specific recommendations
3303	for overcoming identified barriers, with findings and
3304	recommendations to be submitted annually in the report to the
3305	Governor and Legislature required under paragraph (f).
3306	4.  In cooperation with the Department of Environmental
3307	Protection, the Department of Transportation, the Department of
3308	Community Affairs, Enterprise Florida, Inc., the Florida Solar
3309	Energy Center, and the Florida Solar Energy Industries
3310	Association, investigating opportunities, pursuant to the
3311	National Energy Policy Act of 1992, and the Housing and
3312	Community Development Act of 1992, and any subsequent federal
3313	legislation, for solar electric vehicles and other solar energy
3314	manufacturing, distribution, installation, and financing efforts
3315	which will enhance this state's position as the leader in solar
3316	energy research, development, and use.
3317	5.  Undertaking other initiatives to advance the
3318	development and use of renewable energy resources in this state.
3319
3320	In the exercise of its responsibilities under this paragraph,
3321	the commission department shall seek the assistance of the solar
3322	energy industry in this state and other interested parties and
3323	is authorized to enter into contracts, retain professional
3324	consulting services, and expend funds appropriated by the
3325	Legislature for such purposes.
3326	(i)  The commission department shall promote energy
3327	conservation in all energy use sectors throughout the state and
3328	shall constitute the state agency primarily responsible for this
3329	function. To this end, the commission department shall
3330	coordinate the energy conservation programs of all state
3331	agencies and review and comment on the energy conservation
3332	programs of all state agencies.
3333	(j)  The commission department shall serve as the state
3334	clearinghouse for indexing and gathering all information related
3335	to energy programs in state universities, in private
3336	universities, in federal, state, and local government agencies,
3337	and in private industry and shall prepare and distribute such
3338	information in any manner necessary to inform and advise the
3339	citizens of the state of such programs and activities. This
3340	shall include developing and maintaining a current index and
3341	profile of all research activities, which shall be identified by
3342	energy area and may include a summary of the project, the amount
3343	and sources of funding, anticipated completion dates, or, in
3344	case of completed research, conclusions, recommendations, and
3345	applicability to state government and private sector functions.
3346	The commission department shall coordinate, promote, and respond
3347	to efforts by all sectors of the economy to seek financial
3348	support for energy activities. The commission department shall
3349	provide information to consumers regarding the anticipated
3350	energy-use and energy-saving characteristics of products and
3351	services in coordination with any federal, state, or local
3352	governmental agencies as may provide such information to
3353	consumers.
3354	(k)  The commission department shall coordinate energy-
3355	related programs of state government, including, but not limited
3356	to, the programs provided in this section. To this end, the
3357	commission department shall:
3358	1.  Provide assistance to other state agencies, counties,
3359	municipalities, and regional planning agencies to further and
3360	promote their energy planning activities.
3361	2.  Require, in cooperation with the Department of
3362	Management Services, all state agencies to operate state-owned
3363	and state-leased buildings in accordance with energy
3364	conservation standards as adopted by the Department of
3365	Management Services. Every 3 months, the Department of
3366	Management Services shall furnish the commission department data
3367	on agencies' energy consumption and emissions of greenhouse
3368	gases in a format prescribed by the commission mutually agreed
3369	upon by the two departments.
3370	3.  Promote the development and use of renewable energy
3371	resources, energy efficiency technologies, and conservation
3372	measures.
3373	4.  Promote the recovery of energy from wastes, including,
3374	but not limited to, the use of waste heat, the use of
3375	agricultural products as a source of energy, and recycling of
3376	manufactured products. Such promotion shall be conducted in
3377	conjunction with, and after consultation with, the Department of
3378	Environmental Protection and, the Florida Public Service
3379	Commission where electrical generation or natural gas is
3380	involved, and any other relevant federal, state, or local
3381	governmental agency having responsibility for resource recovery
3382	programs.
3383	(l)  The commission department shall develop, coordinate,
3384	and promote a comprehensive research plan for state programs.
3385	Such plan shall be consistent with state energy policy and shall
3386	be updated on a biennial basis.
3387	(m)  In recognition of the devastation to the economy of
3388	this state and the dangers to the health and welfare of
3389	residents of this state caused by severe hurricanes Hurricane
3390	Andrew, and the potential for such impacts caused by other
3391	natural disasters, the commission department shall include in
3392	its energy emergency contingency plan and provide to the Florida
3393	Building Commission Department of Community Affairs for
3394	inclusion in the Florida Energy Efficiency Code for Building
3395	Construction state model energy efficiency building code
3396	specific provisions to facilitate the use of cost-effective
3397	solar energy technologies as emergency remedial and preventive
3398	measures for providing electric power, street lighting, and
3399	water heating service in the event of electric power outages.
3400	(3)(4)  The commission department shall be responsible for
3401	the administration of the Coastal Energy Impact Program provided
3402	for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
3403	Section 53.  Paragraph (a) of subsection (2) of section
3404	377.705, Florida Statutes, is amended to read:
3405	377.705  Solar Energy Center; development of solar energy
3406	standards.--
3407	(2)  LEGISLATIVE FINDINGS AND INTENT.--
3408	(a)  The Legislature recognizes that if present trends
3409	continue, Florida will increase present energy consumption
3410	sixfold by the year 2000. Because of this dramatic increase and
3411	because existing domestic conventional energy resources will not
3412	provide sufficient energy to meet the nation's future needs, new
3413	sources of energy must be developed and applied. One such
3414	source, solar energy, has been in limited use in Florida for 30
3415	years. Applications of incident solar energy, the use of solar
3416	radiation to provide energy for water heating, space heating,
3417	space cooling, and other uses, through suitable absorbing
3418	equipment on or near a residence or commercial structure, must
3419	be extensively expanded. Unfortunately, the initial costs with
3420	regard to the production of solar energy have been prohibitively
3421	expensive. However, Because of increases in the cost of
3422	conventional fuel, certain applications of solar energy are
3423	becoming competitive, particularly when life-cycle costs are
3424	considered. It is the intent of the Legislature in formulating a
3425	sound and balanced energy policy for the state to encourage the
3426	development of an alternative energy capability in the form of
3427	incident solar energy.
3428	Section 54.  Section 377.801, Florida Statutes, is amended
3429	to read:
3430	377.801  Short title.--Sections 377.801-377.806 may be
3431	cited as the "Florida Energy and Climate Protection Renewable
3432	Energy Technologies and Energy Efficiency Act."
3433	Section 55.  Section 377.802, Florida Statutes, is amended
3434	to read:
3435	377.802  Purpose.--This act is intended to provide
3436	incentives for Florida's citizens, businesses, school districts,
3437	and local governments to take action to diversify the state's
3438	energy supplies, reduce dependence on foreign oil, and mitigate
3439	the effects of climate change by providing funding for
3440	activities designed to achieve these goals. The grant programs
3441	in this act are intended matching grants to stimulate capital
3442	investment in the state and to enhance the market for and
3443	promote the statewide utilization of renewable energy
3444	technologies and technologies intended to diversify Florida's
3445	energy supplies, reduce dependence on foreign oil, and combat or
3446	limit climate change impacts. The targeted grants program is
3447	designed to advance the already growing establishment of
3448	renewable energy technologies in the state and encourage the use
3449	of other incentives such as tax exemptions and regulatory
3450	certainty to attract additional renewable energy technology
3451	producers, developers, and users to the state. This act is also
3452	intended to provide incentives for the purchase of energy-
3453	efficient appliances and rebates for solar energy equipment
3454	installations for residential and commercial buildings.
3455	Section 56.  Section 377.803, Florida Statutes, is amended
3456	to read:
3457	377.803  Definitions.--As used in ss. 377.801-377.806, the
3458	term:
3459	(1)  "Act" means the Florida Energy and Climate Protection
3460	Renewable Energy Technologies and Energy Efficiency Act.
3461	(2)  "Approved metering equipment" means a device capable
3462	of measuring the energy output of a solar thermal system that
3463	has been approved by the commission.
3464	(2)(3)  "Commission" means the Florida Energy and Climate
3465	Public Service Commission.
3466	(4)  "Department" means the Department of Environmental
3467	Protection.
3468	(3)(5)  "Person" means an individual, partnership, joint
3469	venture, private or public corporation, association, firm,
3470	public service company, or any other public or private entity.
3471	(4)(6)  "Renewable energy" means electrical, mechanical, or
3472	thermal energy produced from a method that uses one or more of
3473	the following fuels or energy sources: hydrogen, biomass, as
3474	defined in s. 366.91, solar energy, geothermal energy, wind
3475	energy, ocean energy, waste heat, or hydroelectric power.
3476	(5)(7)  "Renewable energy technology" means any technology
3477	that generates or utilizes a renewable energy resource.
3478	(6)(8)  "Solar energy system" means equipment that provides
3479	for the collection and use of incident solar energy for water
3480	heating, space heating or cooling, or other applications that
3481	would normally require a conventional source of energy such as
3482	petroleum products, natural gas, or electricity that performs
3483	primarily with solar energy. In other systems in which solar
3484	energy is used in a supplemental way, only those components that
3485	collect and transfer solar energy shall be included in this
3486	definition.
3487	(7)(9)  "Solar photovoltaic system" means a device that
3488	converts incident sunlight into electrical current.
3489	(8)(10)  "Solar thermal system" means a device that traps
3490	heat from incident sunlight in order to heat water.
3491	Section 57.  Section 377.804, Florida Statutes, as amended
3492	by section 52 of chapter 2007-73, Laws of Florida, is amended to
3493	read:
3494	377.804  Renewable Energy and Energy-Efficient Technologies
3495	Grants Program.--
3496	(1)  The Renewable Energy and Energy-Efficient Technologies
3497	Grants Program is established within the commission department
3498	to provide renewable energy matching grants for demonstration,
3499	commercialization, research, and development projects relating
3500	to renewable energy technologies and innovative technologies
3501	that significantly increase energy efficiency for vehicles and
3502	commercial buildings.
3503	(2)  Matching grants for renewable energy technology
3504	demonstration, commercialization, research, and development
3505	projects described in subsection (1) may be made to any of the
3506	following:
3507	(a)  Municipalities and county governments.
3508	(b)  Established for-profit companies licensed to do
3509	business in the state.
3510	(c)  Universities and colleges in the state.
3511	(d)  Utilities located and operating within the state.
3512	(e)  Not-for-profit organizations.
3513	(f)  Other qualified persons, as determined by the
3514	commission department.
3515	(3)  The commission department may adopt rules pursuant to
3516	ss. 120.536(1) and 120.54 to provide for application
3517	requirements, provide for ranking of applications, and
3518	administer the awarding of grants under this program.
3519	(4)  Factors the commission department shall consider in
3520	awarding grants include, but are not limited to:
3521	(a)  The availability of matching funds or other in-kind
3522	contributions applied to the total project from an applicant.
3523	The commission department shall give greater preference to
3524	projects that provide such matching funds or other in-kind
3525	contributions.
3526	(b)  The degree to which the project stimulates in-state
3527	capital investment and economic development in metropolitan and
3528	rural areas, including the creation of jobs and the future
3529	development of a commercial market for renewable energy
3530	technologies.
3531	(c)  The extent to which the proposed project has been
3532	demonstrated to be technically feasible based on pilot project
3533	demonstrations, laboratory testing, scientific modeling, or
3534	engineering or chemical theory that supports the proposal.
3535	(d)  The degree to which the project incorporates an
3536	innovative new technology or an innovative application of an
3537	existing technology.
3538	(e)  The degree to which a project generates thermal,
3539	mechanical, or electrical energy by means of a renewable energy
3540	resource that has substantial long-term production potential.
3541	(f)  The degree to which a project demonstrates efficient
3542	use of energy and material resources.
3543	(g)  The degree to which the project fosters overall
3544	understanding and appreciation of renewable energy technologies.
3545	(h)  The ability to administer a complete project.
3546	(i)  Project duration and timeline for expenditures.
3547	(j)  The geographic area in which the project is to be
3548	conducted in relation to other projects.
3549	(k)  The degree of public visibility and interaction.
3550	(5)  The commission department shall solicit the expertise
3551	of other state agencies, Enterprise Florida, Inc., and state
3552	universities, and may solicit the expertise of other public and
3553	private entities it deems appropriate, in evaluating project
3554	proposals. State agencies shall cooperate with the commission
3555	Department of Environmental Protection and provide such
3556	assistance as requested.
3557	(6)  The commission department shall coordinate and
3558	actively consult with the Department of Agriculture and Consumer
3559	Services during the review and approval process of grants
3560	relating to bioenergy projects for renewable energy technology,
3561	and the departments shall jointly determine the grant awards to
3562	these bioenergy projects. No grant funding shall be awarded to
3563	any bioenergy project without such joint approval. Factors for
3564	consideration in awarding grants may include, but are not
3565	limited to, the degree to which:
3566	(a)  The project stimulates in-state capital investment and
3567	economic development in metropolitan and rural areas, including
3568	the creation of jobs and the future development of a commercial
3569	market for bioenergy.
3570	(b)  The project produces bioenergy from Florida-grown
3571	crops or biomass.
3572	(c)  The project demonstrates efficient use of energy and
3573	material resources.
3574	(d)  The project fosters overall understanding and
3575	appreciation of bioenergy technologies.
3576	(e)  Matching funds and in-kind contributions from an
3577	applicant are available.
3578	(f)  The project duration and the timeline for expenditures
3579	are acceptable.
3580	(g)  The project has a reasonable assurance of enhancing
3581	the value of agricultural products or will expand agribusiness
3582	in the state.
3583	(h)  Preliminary market and feasibility research has been
3584	conducted by the applicant or others and shows there is a
3585	reasonable assurance of a potential market.
3586	(7)  Each grant application shall be accompanied by an
3587	affidavit from the applicant attesting to the accuracy of the
3588	statements contained in the application.
3589	Section 58.  Section 377.806, Florida Statutes, is amended
3590	to read:
3591	377.806  Solar Energy System Incentives Program.--
3592	(1)  PURPOSE.--The Solar Energy System Incentives Program
3593	is established within the commission department to provide
3594	financial incentives for the purchase and installation of solar
3595	energy systems. Any resident of the state who purchases and
3596	installs a new solar energy system of 2 kilowatts or larger for
3597	a solar photovoltaic system, a solar energy system that provides
3598	at least 50 percent of a building's hot water consumption for a
3599	solar thermal system, or a solar thermal pool heater, from July
3600	1, 2006, through June 30, 2010, is eligible for a rebate on a
3601	portion of the purchase price of that solar energy system.
3602	(2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
3603	(a)  Eligibility requirements.--A solar photovoltaic system
3604	qualifies for a rebate if:
3605	1.  The system is installed by a state-licensed master
3606	electrician, electrical contractor, or solar contractor.
3607	2.  The system complies with state interconnection
3608	standards as provided by the Florida Public Service Commission.
3609	3.  The system complies with all applicable building codes
3610	as defined by the Florida Building Code local jurisdictional
3611	authority.
3612	(b)  Rebate amounts.--The rebate amount shall be set at $4
3613	per watt based on the total wattage rating of the system. The
3614	maximum allowable rebate per solar photovoltaic system
3615	installation shall be as follows:
3616	1.  Twenty thousand dollars for a residence.
3617	2.  One hundred thousand dollars for a place of business, a
3618	publicly owned or operated facility, or a facility owned or
3619	operated by a private, not-for-profit organization, including
3620	condominiums or apartment buildings.
3621	(3)  SOLAR THERMAL SYSTEM INCENTIVE.--
3622	(a)  Eligibility requirements.--A solar thermal system
3623	qualifies for a rebate if:
3624	1.  The system is installed by a state-licensed solar or
3625	plumbing contractor.
3626	2.  The system complies with all applicable building codes
3627	as defined by the Florida Building Code local jurisdictional
3628	authority.
3629	(b)  Rebate amounts.--Authorized rebates for installation
3630	of solar thermal systems shall be as follows:
3631	1.  Five hundred dollars for a residence.
3632	2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3633	for a place of business, a publicly owned or operated facility,
3634	or a facility owned or operated by a private, not-for-profit
3635	organization, including condominiums or apartment buildings. Btu
3636	must be verified by approved metering equipment.
3637	(4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
3638	(a)  Eligibility requirements.--A solar thermal pool heater
3639	qualifies for a rebate if the system is installed by a state-
3640	licensed solar or plumbing contractor and the system complies
3641	with all applicable building codes as defined by the Florida
3642	Building Code local jurisdictional authority.
3643	(b)  Rebate amount.--Authorized rebates for installation of
3644	solar thermal pool heaters shall be $100 per installation.
3645	(5)  APPLICATION.--Application for a rebate must be made
3646	within 120 90 days after the purchase of the solar energy
3647	equipment.
3648	(6)  REBATE AVAILABILITY.--The commission department shall
3649	determine and publish on a regular basis the amount of rebate
3650	funds remaining in each fiscal year. The total dollar amount of
3651	all rebates issued by the department is subject to the total
3652	amount of appropriations in any fiscal year for this program. If
3653	funds are insufficient during the current fiscal year, any
3654	requests for rebates received during that fiscal year may be
3655	processed during the following fiscal year. Requests for rebates
3656	received in a fiscal year that are processed during the
3657	following fiscal year shall be given priority over requests for
3658	rebates received during the following fiscal year.
3659	(7)  RULES.--The commission department shall adopt rules
3660	pursuant to ss. 120.536(1) and 120.54 to develop rebate
3661	applications and administer the issuance of rebates.
3662	Section 59.  Section 377.808, Florida Statutes, is created
3663	to read:
3664	377.808  Florida Green Government Grants Act.--
3665	(1)  This section may be cited as the "Florida Green
3666	Government Grants Act."
3667	(2)  The Florida Energy and Climate Commission shall use
3668	funds specifically appropriated to award grants under this
3669	section to assist local governments, including municipalities,
3670	counties, and school districts, in the development and
3671	implementation of programs that achieve green standards. Green
3672	standards shall be determined by the commission and shall
3673	provide for cost-efficient solutions, reducing greenhouse gas
3674	emissions, improving quality of life, and strengthening the
3675	state's economy.
3676	(3)  The commission shall adopt rules pursuant to chapter
3677	120 to administer the grants provided for in this section. In
3678	accordance with the rules adopted by the commission under this
3679	section, the commission may provide grants from funds
3680	specifically appropriated for this purpose to local governments
3681	for the costs of achieving green standards, including necessary
3682	administrative expenses. The rules of the commission shall:
3683	(a)  Designate one or more suitable green government
3684	standards frameworks from which local governments may develop a
3685	greening government initiative and from which projects may be
3686	eligible for funding pursuant to this section.
3687	(b)  Require that projects that plan, design, construct,
3688	upgrade, or replace facilities reduce greenhouse gas emissions
3689	and be cost-effective, environmentally sound, permittable, and
3690	implementable.
3691	(c)  Require local governments to match state funds with
3692	direct project cost sharing or in-kind services.
3693	(d)  Provide for a scale of matching requirements for local
3694	governments on the basis of population in order to assist rural
3695	and undeveloped areas of the state with any financial burden of
3696	addressing climate change impacts.
3697	(e)  Require grant applications to be submitted on
3698	appropriate forms developed and adopted by the commission with
3699	appropriate supporting documentation and require records to be
3700	maintained.
3701	(f)  Establish a system to determine the relative priority
3702	of grant applications. The system shall consider greenhouse gas
3703	reductions, energy savings and efficiencies, and proven
3704	technologies.
3705	(g)  Establish requirements for competitive procurement of
3706	engineering and construction services, materials, and equipment.
3707	(h)  Provide for termination of grants when program
3708	requirements are not met.
3709	(4)  Each local government is limited to not more than two
3710	grant applications during each application period announced by
3711	the commission. However, a local government may not have more
3712	than three active projects expending grant funds during any
3713	state fiscal year.
3714	(5)  The commission shall perform an adequate overview of
3715	each grant, which may include technical review, site
3716	inspections, disbursement approvals, and auditing to
3717	successfully implement this section.
3718	Section 60.  Paragraph (c) of subsection (3) of section
3719	380.23, Florida Statutes, is amended to read:
3720	380.23  Federal consistency.--
3721	(3)  Consistency review shall be limited to review of the
3722	following activities, uses, and projects to ensure that such
3723	activities, uses, and projects are conducted in accordance with
3724	the state's coastal management program:
3725	(c)  Federally licensed or permitted activities affecting
3726	land or water uses when such activities are in or seaward of the
3727	jurisdiction of local governments required to develop a coastal
3728	zone protection element as provided in s. 380.24 and when such
3729	activities involve:
3730	1.  Permits and licenses required under the Rivers and
3731	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3732	2.  Permits and licenses required under the Marine
3733	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
3734	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3735	3.  Permits and licenses required under the Federal Water
3736	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3737	amended, unless such permitting activities have been delegated
3738	to the state pursuant to said act.
3739	4.  Permits and licenses relating to the transportation of
3740	hazardous substance materials or transportation and dumping
3741	which are issued pursuant to the Hazardous Materials
3742	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
3743	33 U.S.C. s. 1321, as amended.
3744	5.  Permits and licenses required under 15 U.S.C. ss. 717-
3745	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
3746	1331-1356 for construction and operation of interstate gas
3747	pipelines and storage facilities.
3748	6.  Permits and licenses required for the siting and
3749	construction of any new electrical power plants as defined in s.
3750	403.503(14)(13), as amended, and the licensing and relicensing
3751	of hydroelectric power plants under the Federal Power Act, 16
3752	U.S.C. ss. 791a et seq., as amended.
3753	7.  Permits and licenses required under the Mining Law of
3754	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3755	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3756	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3757	amended; the Federal Land Policy and Management Act, 43 U.S.C.
3758	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3759	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3760	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3761	pipelines, geological and geophysical activities, or rights-of-
3762	way on public lands and permits and licenses required under the
3763	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3764	amended.
3765	8.  Permits and licenses for areas leased under the OCS
3766	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3767	leases and approvals of exploration, development, and production
3768	plans.
3769	9.  Permits and licenses required under the Deepwater Port
3770	Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3771	10.  Permits required for the taking of marine mammals
3772	under the Marine Mammal Protection Act of 1972, as amended, 16
3773	U.S.C. s. 1374.
3774	Section 61.  Subsection (20) of section 403.031, Florida
3775	Statutes, is amended to read:
3776	403.031  Definitions.--In construing this chapter, or rules
3777	and regulations adopted pursuant hereto, the following words,
3778	phrases, or terms, unless the context otherwise indicates, have
3779	the following meanings:
3780	(20)  "Electrical power plant" means, for purposes of this
3781	part of this chapter, any electrical generating facility that
3782	uses any process or fuel and that is owned or operated by an
3783	electric utility, as defined in s. 403.503(14)(13), and includes
3784	any associated facility that directly supports the operation of
3785	the electrical power plant.
3786	Section 62.  Section 403.44, Florida Statutes, is created
3787	to read:
3788	403.44  Florida Climate Protection Act.--
3789	(1)  The Legislature finds it is in the best interest of
3790	the state to document, to the greatest extent practicable,
3791	greenhouse gas emissions and to pursue a market-based emissions
3792	abatement program, such as cap and trade, to address greenhouse
3793	gas emissions reductions.
3794	(2)  As used in this section, the term:
3795	(a)  "Allowance" means a credit issued by the department
3796	through allotments or auction which represents an authorization
3797	to emit specific amounts of greenhouse gases, as further defined
3798	in department rule.
3799	(b)  "Cap and trade" or "emissions trading" means an
3800	administrative approach used to control pollution by providing a
3801	limit on total allowable emissions, providing for allowances to
3802	emit pollutants, and providing for the transfer of the
3803	allowances among pollutant sources as a means of compliance with
3804	emission limits.
3805	(c)  "Greenhouse gas" or "GHG" means carbon dioxide,
3806	methane, nitrous oxide, and fluorinated gases such as
3807	hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3808	(d)  "Leakage" means the offset of emission abatement that
3809	is achieved in one location subject to emission control
3810	regulation by increased emissions in unregulated locations.
3811	(e)  "Major emitter" means an electric utility regulated
3812	under this chapter.
3813	(3)  A major emitter shall be required to use The Climate
3814	Registry for purposes of emission registration and reporting.
3815	(4)  The department shall establish the methodologies,
3816	reporting periods, and reporting systems that shall be used when
3817	major emitters report to The Climate Registry. The department
3818	may require the use of quality-assured data from continuous
3819	emissions monitoring systems.
3820	(5)  The department may adopt rules for a cap-and-trade
3821	regulatory program to reduce greenhouse gas emissions from major
3822	emitters. When developing the rules, the department shall
3823	consult with the Florida Energy and Climate Commission and the
3824	Florida Public Service Commission and may consult with the
3825	Governor's Action Team for Energy and Climate Change. The
3826	department shall not adopt rules until after January 1, 2010.
3827	The rules shall not become effective until ratified by the
3828	Legislature.
3829	(6)  The rules of the cap-and-trade regulatory program
3830	shall include, but are not limited to:
3831	(a)  A statewide limit or cap on the amount of greenhouse
3832	gases emitted by major emitters.
3833	(b)  Methods, requirements, and conditions for allocating
3834	the cap among major emitters.
3835	(c)  Methods, requirements, and conditions for emissions
3836	allowances and the process for issuing emissions allowances.
3837	(d)  The relationship between allowances and the specific
3838	amounts of greenhouse gas emissions they represent.
3839	(e)  The length of allowance periods and the time over
3840	which entities must account for emissions and surrender
3841	allowances equal to emissions.
3842	(f)  The timeline of allowances from the initiation of the
3843	program through to 2050.
3844	(g)  A process for the trade of allowances between major
3845	emitters, including a registry, tracking, or accounting system
3846	for such trades.
3847	(h)  Cost containment mechanisms to reduce price and cost
3848	risks associated with the electric generation market in this
3849	state. Cost containment mechanisms to be considered for
3850	inclusion in the rules include, but are not limited to:
3851	1.  Allowing major emitters to borrow allowances from
3852	future time periods to meet their greenhouse gas emission
3853	limits.
3854	2.  Allowing major emitters to bank greenhouse gas emission
3855	reductions in the current year to be used to meet emission
3856	limits in future years.
3857	3.  Allowing major emitters to purchase emissions offsets
3858	from other entities that produce verifiable reductions in
3859	unregulated greenhouse gas emissions or that produce verifiable
3860	reductions in greenhouse gas emissions through voluntary
3861	practices that capture and store greenhouse gases that otherwise
3862	would be released into the atmosphere. In considering this cost
3863	containment mechanism, the department shall identify sectors and
3864	activities outside of the capped sectors, including other state,
3865	federal, or international activities, and the conditions under
3866	which reductions there can be credited against emissions of
3867	capped entities in place of allowances issued by the department.
3868	The department shall also consider potential methods and their
3869	effectiveness to avoid double-incentivizing such activities.
3870	4.  Providing a safety valve mechanism to ensure that the
3871	market prices for allowances or offsets do not surpass a
3872	predetermined level compatible with the affordability of
3873	electric utility rates and the well-being of the state's
3874	economy. In considering this cost containment mechanism, the
3875	department shall evaluate different price levels for the safety
3876	valve and methods to change the price level over time to reflect
3877	changing state, federal, and international markets, regulatory
3878	environments, and technological advancements.
3879
3880	In considering cost containment mechanisms for inclusion in the
3881	rules, the department shall evaluate the anticipated overall
3882	effect of each mechanism on the abatement of greenhouse gas
3883	emissions and on electricity ratepayers and the benefits and
3884	costs of each to the state's economy, and shall also consider
3885	the interrelationships between the mechanisms under
3886	consideration.
3887	(i)  A process to allow the department to exercise its
3888	authority to discourage leakage of GHG emissions to neighboring
3889	states attributable to the implementation of this program.
3890	(j)  Provisions for a trial period on the trading of
3891	allowances before full implementation of a trading system.
3892	(7)  In recommending and evaluating proposed features of
3893	the cap-and-trade system, the following factors shall be
3894	considered:
3895	(a)  The overall cost-effectiveness of the cap-and-trade
3896	system in combination with other policies and measures in
3897	meeting statewide targets.
3898	(b)  Minimizing the administrative burden to the state of
3899	implementing, monitoring, and enforcing the program.
3900	(c)  Minimizing the administrative burden on entities
3901	covered under the cap.
3902	(d)  The impacts on electricity prices for consumers.
3903	(e)  The specific benefits to the state's economy for early
3904	adoption of a cap-and-trade system for greenhouse gases in the
3905	context of federal climate change legislation and the
3906	development of new international compacts.
3907	(f)  The specific benefits to the state's economy
3908	associated with the creation and sale of emissions offsets from
3909	economic sectors outside of the emissions cap.
3910	(g)  The potential effects on leakage if economic activity
3911	relocates out of the state.
3912	(h)  The effectiveness of the combination of measures in
3913	meeting identified targets.
3914	(i)  The implications for near-term periods of long-term
3915	targets specified in the overall policy.
3916	(j)  The overall costs and benefits of a cap-and-trade
3917	system to the state economy.
3918	(k)  How to moderate impacts on low-income consumers that
3919	result from energy price increases.
3920	(l)  Consistency of the program with other state and
3921	possible federal efforts.
3922	(m)  The feasibility and cost-effectiveness of extending
3923	the program scope as broadly as possible among emitting
3924	activities and sinks in Florida.
3925	(n)  Evaluation of the conditions under which Florida
3926	should consider linking its trading system to the systems of
3927	other states or other countries and how that might be affected
3928	by the potential inclusion in the rule of a safety valve.
3929	(8)  Recognizing that the international, national, and
3930	neighboring state policies and the science of climate change
3931	will evolve, prior to submitting the proposed rules to the
3932	Legislature for consideration, the department shall submit the
3933	proposed rules to the Florida Energy and Climate Commission,
3934	which shall review the proposed rules and submit a report to the
3935	Governor, the President of the Senate, the Speaker of the House
3936	of Representatives, and the department. The report shall
3937	address:
3938	(a)  The overall cost-effectiveness of the proposed cap-
3939	and-trade system in combination with other policies and measures
3940	in meeting statewide targets.
3941	(b)  The administrative burden to the state of
3942	implementing, monitoring, and enforcing the program.
3943	(c)  The administrative burden on entities covered under
3944	the cap.
3945	(d)  The impacts on electricity prices for consumers.
3946	(e)  The specific benefits to the state's economy for early
3947	adoption of a cap-and-trade system for greenhouse gases in the
3948	context of federal climate change legislation and the
3949	development of new international compacts.
3950	(f)  The specific benefits to the state's economy
3951	associated with the creation and sale of emissions offsets from
3952	economic sectors outside of the emissions cap.
3953	(g)  The potential effects on leakage if economic activity
3954	relocates out of the state.
3955	(h)  The effectiveness of the combination of measures in
3956	meeting identified targets.
3957	(i)  The economic implications for near-term periods of
3958	short-term and long-term targets specified in the overall
3959	policy.
3960	(j)  The overall costs and benefits of a cap-and-trade
3961	system to the economy of the state.
3962	(k)  The impacts on low-income consumers that result from
3963	energy price increases.
3964	(l)  The consistency of the program with other state and
3965	possible federal efforts.
3966	(m)  The evaluation of the conditions under which the state
3967	should consider linking its trading system to the systems of
3968	other states or other countries and how that might be affected
3969	by the potential inclusion in the rule of a safety valve.
3970	(n)  The timing and changes in the external environment,
3971	such as proposals by other states or implementation of a federal
3972	program that would spur reevaluation of the Florida program.
3973	(o)  The conditions and options for eliminating the Florida
3974	program if a federal program were to supplant it.
3975	(p)  The need for a regular reevaluation of the progress of
3976	other emitting regions of the country and of the world, and
3977	whether other regions are abating emissions in a commensurate
3978	manner.
3979	(q)  The desirability of and possibilities of broadening
3980	the scope of the state's cap-and-trade system at a later date to
3981	include more emitting activities as well as sinks in Florida,
3982	the conditions that would need to be met to do so, and how the
3983	program would encourage these conditions to be met, including
3984	developing monitoring and measuring techniques for land use
3985	emissions and sinks, regulating sources upstream, and other
3986	considerations.
3987	Section 63.  Section 403.502, Florida Statutes, is amended
3988	to read:
3989	403.502  Legislative intent.--The Legislature finds that
3990	the present and predicted growth in electric power demands in
3991	this state requires the development of a procedure for the
3992	selection and utilization of sites for electrical generating
3993	facilities and the identification of a state position with
3994	respect to each proposed site and its associated facilities. The
3995	Legislature recognizes that the selection of sites and the
3996	routing of associated facilities, including transmission lines,
3997	will have a significant impact upon the welfare of the
3998	population, the location and growth of industry, and the use of
3999	the natural resources of the state. The Legislature finds that
4000	the efficiency of the permit application and review process at
4001	both the state and local level would be improved with the
4002	implementation of a process whereby a permit application would
4003	be centrally coordinated and all permit decisions could be
4004	reviewed on the basis of standards and recommendations of the
4005	deciding agencies. It is the policy of this state that, while
4006	recognizing the pressing need for increased power generation
4007	facilities, the state shall ensure through available and
4008	reasonable methods that the location and operation of electrical
4009	power plants will produce minimal adverse effects on human
4010	health, the environment, the ecology of the land and its
4011	wildlife, and the ecology of state waters and their aquatic life
4012	and will not unduly conflict with the goals established by the
4013	applicable local comprehensive plans. It is the intent to seek
4014	courses of action that will fully balance the increasing demands
4015	for electrical power plant location and operation with the broad
4016	interests of the public. Such action will be based on these
4017	premises:
4018	(1)  To assure the citizens of Florida that operation
4019	safeguards are technically sufficient for their welfare and
4020	protection.
4021	(2)  To effect a reasonable balance between the need for
4022	the facility and the environmental impact resulting from
4023	construction and operation of the facility, including air and
4024	water quality, fish and wildlife, and the water resources and
4025	other natural resources of the state.
4026	(3)  To meet the need for electrical energy as established
4027	pursuant to s. 403.519.
4028	(4)  To assure the citizens of Florida that renewable
4029	energy sources and technologies, as well as conservation
4030	measures, are utilized to the extent reasonably available.
4031	Section 64.  Subsections (3) through (30) of section
4032	403.503, Florida Statutes, are renumbered as subsections (4)
4033	through (31), respectively, present subsections (6), (8), (10),
4034	(13), (27), and (29) are amended, and a new subsection (3) is
4035	added to that section, to read:
4036	403.503  Definitions relating to Florida Electrical Power
4037	Plant Siting Act.--As used in this act:
4038	(3)  "Alternate corridor" means an area that is proposed by
4039	the applicant or a third party within which all or part of an
4040	associated electrical transmission line right-of-way is to be
4041	located and that is different from the preferred transmission
4042	line corridor proposed by the applicant. The width of the
4043	alternate corridor proposed for certification for an associated
4044	electrical transmission line may be the width of the proposed
4045	right-of-way or a wider boundary not to exceed a width of 1
4046	mile. The area within the alternate corridor may be further
4047	restricted as a condition of certification. The alternate
4048	corridor may include alternate electrical substation sites if
4049	the applicant has proposed an electrical substation as part of
4050	the portion of the proposed electrical transmission line.
4051	(7)(6)  "Associated facilities" means, for the purpose of
4052	certification, those onsite and offsite facilities which
4053	directly support the construction and operation of the
4054	electrical power plant such as electrical transmission lines,
4055	substations, and fuel unloading facilities; pipelines necessary
4056	for transporting fuel for the operation of the facility or other
4057	fuel transportation facilities; water or wastewater transport
4058	pipelines; construction, maintenance, and access roads; and
4059	railway lines necessary for transport of construction equipment
4060	or fuel for the operation of the facility.
4061	(9)(8)  "Certification" means the written order of the
4062	board, or secretary when applicable, approving an application
4063	for the licensing of an electrical power plant, in whole or with
4064	such changes or conditions as the board may deem appropriate.
4065	(11)(10)  "Corridor" means the proposed area within which
4066	an associated linear facility right-of-way is to be located. The
4067	width of the corridor proposed for certification as an
4068	associated facility, at the option of the applicant, may be the
4069	width of the right-of-way or a wider boundary, not to exceed a
4070	width of 1 mile. The area within the corridor in which a right-
4071	of-way may be located may be further restricted by a condition
4072	of certification. After all property interests required for the
4073	right-of-way have been acquired by the licensee, the boundaries
4074	of the area certified shall narrow to only that land within the
4075	boundaries of the right-of-way. The corridors proper for
4076	certification shall be those addressed in the application, in
4077	amendments to the application filed under s. 403.5064, and in
4078	notices of acceptance of proposed alternate corridors filed by
4079	an applicant and the department pursuant to s. 403.5271 as
4080	incorporated by reference in s. 403.5064(1)(b) for which the
4081	required information for the preparation of agency supplemental
4082	reports was filed.
4083	(14)(13)  "Electrical power plant" means, for the purpose
4084	of certification, any steam or solar electrical generating
4085	facility using any process or fuel, including nuclear materials,
4086	except that this term does not include any steam or solar
4087	electrical generating facility of less than 75 megawatts in
4088	capacity unless the applicant for such a facility elects to
4089	apply for certification under this act. This term also includes
4090	the site; all associated facilities that will to be owned by the
4091	applicant that which are physically connected to the electrical
4092	power plant site; all associated facilities that or which are
4093	indirectly directly connected to the electrical power plant site
4094	by other proposed associated facilities that will to be owned by
4095	the applicant;, and associated transmission lines that will to
4096	be owned by the applicant which connect the electrical power
4097	plant to an existing transmission network or rights-of-way to of
4098	which the applicant intends to connect. At the applicant's
4099	option, this term may include any offsite associated facilities
4100	that which will not be owned by the applicant; offsite
4101	associated facilities that which are owned by the applicant but
4102	that which are not directly connected to the electrical power
4103	plant site; any proposed terminal or intermediate substations or
4104	substation expansions connected to the associated transmission
4105	line; or new transmission lines, upgrades, or improvements of an
4106	existing transmission line on any portion of the applicant's
4107	electrical transmission system necessary to support the
4108	generation injected into the system from the proposed electrical
4109	power plant.
4110	(28)(27)  "Site" means any proposed location within which
4111	will be located wherein an electrical power plant's generating
4112	facility and onsite support facilities plant, or an electrical
4113	power plant alteration or addition of electrical generating
4114	facilities and onsite support facilities resulting in an
4115	increase in generating capacity, will be located, including
4116	offshore sites within state jurisdiction.
4117	(30)(29)  "Ultimate site capacity" means the maximum gross
4118	generating capacity for a site as certified by the board, unless
4119	otherwise specified as net generating capacity.
4120	Section 65.  Subsections (2) through (5), (9), and (11) of
4121	section 403.504, Florida Statutes, are amended to read:
4122	403.504  Department of Environmental Protection; powers and
4123	duties enumerated.--The department shall have the following
4124	powers and duties in relation to this act:
4125	(2)  To prescribe the form and content of the public
4126	notices and the notice of intent and the form, content, and
4127	necessary supporting documentation and studies to be prepared by
4128	the applicant for electrical power plant site certification
4129	applications.
4130	(3)  To receive applications for electrical power plant
4131	site certifications and to determine the completeness and
4132	sufficiency thereof.
4133	(4)  To make, or contract for, studies of electrical power
4134	plant site certification applications.
4135	(5)  To administer the processing of applications for
4136	electric power plant site certifications and to ensure that the
4137	applications are processed as expeditiously as possible.
4138	(9)  To determine whether an alternate corridor proposed
4139	for consideration under s. 403.5064(4) is acceptable issue final
4140	orders after receipt of the administrative law judge's order
4141	relinquishing jurisdiction pursuant to s. 403.508(6).
4142	(11)  To administer and manage the terms and conditions of
4143	the certification order and supporting documents and records for
4144	the life of the electrical power plant facility.
4145	Section 66.  Subsection (1) of section 403.506, Florida
4146	Statutes, is amended, and subsection (3) is added that section,
4147	to read:
4148	403.506  Applicability, thresholds, and certification.--
4149	(1)  The provisions of this act shall apply to any
4150	electrical power plant as defined herein, except that the
4151	provisions of this act shall not apply to any electrical power
4152	plant or steam generating plant of less than 75 megawatts in
4153	gross capacity, including its associated facilities, or to any
4154	substation to be constructed as part of an associated
4155	transmission line unless the applicant has elected to apply for
4156	certification of such electrical power plant or substation under
4157	this act. The provisions of this act shall not apply to any unit
4158	capacity expansions expansion of 75 35 megawatts or less, in the
4159	aggregate, of an existing exothermic reaction cogeneration
4160	electrical generating facility unit that was exempt from this
4161	act when it was originally built; however, this exemption shall
4162	not apply if the unit uses oil or natural gas for purposes other
4163	than unit startup. No construction of any new electrical power
4164	plant or expansion in steam generating capacity as measured by
4165	an increase in the maximum electrical generator rating of any
4166	existing electrical power plant may be undertaken after October
4167	1, 1973, without first obtaining certification in the manner as
4168	herein provided, except that this act shall not apply to any
4169	such electrical power plant which is presently operating or
4170	under construction or which has, upon the effective date of
4171	chapter 73-33, Laws of Florida, applied for a permit or
4172	certification under requirements in force prior to the effective
4173	date of such act.
4174	(3)  An electric utility may obtain separate licenses,
4175	permits, and approvals for the construction of facilities
4176	necessary to construct an electrical power plant without first
4177	obtaining certification under this act if the utility intends to
4178	locate, license, and construct a proposed or expanded electrical
4179	power plant that uses nuclear materials as fuel. Such facilities
4180	may include, but are not limited to, access and onsite roads,
4181	rail lines, electrical transmission facilities to support
4182	construction, and facilities necessary for waterborne delivery
4183	of construction materials and project components. This exemption
4184	applies to such facilities regardless of whether the facilities
4185	are used for operation of the power plant. The applicant shall
4186	file with the department a statement that declares that the
4187	construction of such facilities is necessary for the timely
4188	construction of the proposed electrical power plant and
4189	identifies those facilities that the applicant intends to seek
4190	licenses for and construct prior to or separate from
4191	certification of the project. The facilities may be located
4192	within or off the site for the proposed electrical power plant.
4193	The filing of an application under this act shall not affect
4194	other applications for separate licenses which are pending at
4195	the time of filing the application. Furthermore, the filing of
4196	an application shall not prevent an electric utility from
4197	seeking separate licenses for facilities that are necessary to
4198	construct the electrical power plant. Licenses, permits, or
4199	approvals issued by any state, regional, or local agency for
4200	such facilities shall be incorporated by the department into a
4201	final certification upon completion of construction. Any
4202	facilities necessary for construction of the electrical power
4203	plant shall become part of the certified electrical power plant
4204	upon completion of the electrical power plant's construction.
4205	The exemption in this subsection shall not require or authorize
4206	agency rulemaking, and any action taken under this subsection
4207	shall not be subject to the provisions of chapter 120. This
4208	subsection shall be given retroactive effect and shall apply to
4209	applications filed after May 1, 2008.
4210	Section 67.  Subsections (1) and (4) of section 403.5064,
4211	Florida Statutes, are amended to read:
4212	403.5064  Application; schedules.--
4213	(1)  The formal date of filing of a certification
4214	application and commencement of the certification review process
4215	shall be when the applicant submits:
4216	(a)  Copies of the certification application in a quantity
4217	and format as prescribed by rule to the department and other
4218	agencies identified in s. 403.507(2)(a).
4219	(b)  A statement affirming that the applicant is opting to
4220	allow consideration of alternate corridors for an associated
4221	transmission line corridor. If alternate corridors are allowed,
4222	at the applicant's option, the portion of the application
4223	addressing associated transmission line corridors shall be
4224	processed under the schedule set forth in ss. 403.521-403.526,
4225	403.527(4), and 403.5271, including the opportunity for the
4226	filing of alternate corridors by third parties; however, if such
4227	alternate corridors are filed, the certification hearing shall
4228	not be rescheduled as allowed by s. 403.5271(1)(b).
4229	(c)(b)  The application fee specified under s. 403.518 to
4230	the department.
4231	(4)  Within 7 days after the filing of an application, the
4232	department shall prepare a proposed schedule of dates for
4233	determination of completeness, submission of statements of
4234	issues, submittal of final reports, and other significant dates
4235	to be followed during the certification process, including dates
4236	for filing notices of appearance to be a party pursuant to s.
4237	403.508(3). If the application includes one or more associated
4238	transmission line corridors, at the request of the applicant
4239	filed concurrently with the application, the department shall
4240	use the application processing schedule set forth in ss.
4241	403.521-403.526, 403.527(4), and 403.5271 for the associated
4242	transmission line corridors, including the opportunity for the
4243	filing and review of alternate corridors, if a party proposes
4244	alternate transmission line corridor routes for consideration no
4245	later than 165 days before the scheduled certification hearing.
4246	Notwithstanding an applicant's option for the transmission line
4247	corridor portion of its application to be processed under the
4248	proposed schedule, only one certification hearing shall be held
4249	for the entire plant in accordance with s. 403.508(2). The
4250	proposed This schedule shall be timely provided by the
4251	department to the applicant, the administrative law judge, all
4252	agencies identified pursuant to subsection (2), and all parties.
4253	Within 7 days after the filing of the proposed schedule, the
4254	administrative law judge shall issue an order establishing a
4255	schedule for the matters addressed in the department's proposed
4256	schedule and other appropriate matters, if any.
4257	Section 68.  Subsection (1) of section 403.5065, Florida
4258	Statutes, is amended to read:
4259	403.5065  Appointment of administrative law judge; powers
4260	and duties.--
4261	(1)  Within 7 days after receipt of an application, the
4262	department shall request the Division of Administrative Hearings
4263	to designate an administrative law judge to conduct the hearings
4264	required by this act. The division director shall designate an
4265	administrative law judge within 7 days after receipt of the
4266	request from the department. In designating an administrative
4267	law judge for this purpose, the division director shall,
4268	whenever practicable, assign an administrative law judge who has
4269	had prior experience or training in electrical power plant site
4270	certification proceedings. Upon being advised that an
4271	administrative law judge has been appointed, the department
4272	shall immediately file a copy of the application and all
4273	supporting documents with the designated administrative law
4274	judge, who shall docket the application.
4275	Section 69.  Subsection (3) of section 403.50663, Florida
4276	Statutes, is amended to read:
4277	403.50663  Informational public meetings.--
4278	(3)  A local government or regional planning council that
4279	intends to conduct an informational public meeting must provide
4280	notice of the meeting to all parties not less than 5 days prior
4281	to the meeting and to the general public in accordance with s.
4282	403.5115(5). The expense for such notice is eligible for
4283	reimbursement under s. 403.518(2)(c)1.
4284	Section 70.  Section 403.50665, Florida Statutes, is
4285	amended to read:
4286	403.50665  Land use consistency.--
4287	(1)  The applicant shall include in the application a
4288	statement on the consistency of the site and or any directly
4289	associated facilities that constitute a "development," as
4290	defined in s. 380.04, with existing land use plans and zoning
4291	ordinances that were in effect on the date the application was
4292	filed and a full description of such consistency. This
4293	information shall include an identification of those associated
4294	facilities that the applicant believes are exempt from the
4295	requirements of land use plans and zoning ordinances under the
4296	provisions of the Local Government Comprehensive Planning and
4297	Land Development Regulation Act provisions of chapter 163 and s.
4298	380.04(3).
4299	(2)(a)  Within 45 days after the filing of the application,
4300	each local government shall file a determination with the
4301	department, the applicant, the administrative law judge, and all
4302	parties on the consistency of the site, and or any directly
4303	associated facilities that are not exempt from the requirements
4304	of land use plans and zoning ordinances under chapter 163 and s.
4305	380.04(3), with existing land use plans and zoning ordinances
4306	that were in effect on the date the application was filed, based
4307	on the information provided in the application. However, this
4308	requirement does not apply to any new electrical generation unit
4309	proposed to be constructed and operated on the site of a
4310	previously certified electrical power plant or on the site of a
4311	power plant that was not previously certified that will be
4312	wholly contained within the boundaries of the existing site.
4313	(b)  The local government may issue its determination up to
4314	55 35 days later if the application has been determined
4315	incomplete based in whole or in part upon a local government
4316	request for has requested additional information on land use and
4317	zoning consistency as part of the local government's statement
4318	on completeness of the application submitted pursuant to s.
4319	403.5066(1)(a). Incompleteness of information necessary for a
4320	local government to evaluate an application may be claimed by
4321	the local government as cause for a statement of inconsistency
4322	with existing land use plans and zoning ordinances.
4323	(c)  Notice of the consistency determination shall be
4324	published in accordance with the requirements of s. 403.5115.
4325	(3)(a)  If the local government issues a determination that
4326	the proposed site and any nonexempt associated facilities are
4327	electrical power plant is not consistent or in compliance with
4328	local land use plans and zoning ordinances, the applicant may
4329	apply to the local government for the necessary local approval
4330	to address the inconsistencies identified in the local
4331	government's determination.
4332	(b)  If the applicant makes such an application to the
4333	local government, the time schedules under this act shall be
4334	tolled until the local government issues its revised
4335	determination on land use and zoning or the applicant otherwise
4336	withdraws its application to the local government.
4337	(c)  If the applicant applies to the local government for
4338	necessary local land use or zoning approval, the local
4339	government shall commence a proceeding to consider the
4340	application for land use or zoning approval within 45 days after
4341	receipt of the complete request and shall issue a revised
4342	determination within 30 days following the conclusion of that
4343	local proceeding., and The time schedules and notice
4344	requirements under this act shall apply to such revised
4345	determination.
4346	(4)  If any substantially affected person wishes to dispute
4347	the local government's determination, he or she shall file a
4348	petition with the designated administrative law judge department
4349	within 21 days after the publication of notice of the local
4350	government's determination. If a hearing is requested, the
4351	provisions of s. 403.508(1) shall apply.
4352	(5)  The dates in this section may be altered upon
4353	agreement between the applicant, the local government, and the
4354	department pursuant to s. 403.5095.
4355	(6)  If it is determined by the local government that the
4356	proposed site or nonexempt directly associated facility does
4357	conform with existing land use plans and zoning ordinances in
4358	effect as of the date of the application and no petition has
4359	been filed, the responsible zoning or planning authority shall
4360	not thereafter change such land use plans or zoning ordinances
4361	so as to foreclose construction and operation of the proposed
4362	site or directly associated facilities unless certification is
4363	subsequently denied or withdrawn.
4364	(7)  The issue of land use and zoning consistency for any
4365	proposed alternate intermediate electrical substation which is
4366	proposed as part of an alternate electrical transmission line
4367	corridor which is accepted by the applicant and the department
4368	under s. 403.5271(1)(b) shall be addressed in the supplementary
4369	report prepared by the local government on the proposed
4370	alternate corridor and shall be considered as an issue at any
4371	final certification hearing. If such a proposed alternate
4372	intermediate electrical substation is determined not to be
4373	consistent with local land use plans and zoning ordinances, then
4374	that alternate intermediate electrical substation shall not be
4375	certified.
4376	Section 71.  Paragraph (a) of subsection (2) of section
4377	403.507, Florida Statutes, is amended to read:
4378	403.507  Preliminary statements of issues, reports, project
4379	analyses, and studies.--
4380	(2)(a)  No later than 100 days after the certification
4381	application has been determined complete, the following agencies
4382	shall prepare reports as provided below and shall submit them to
4383	the department and the applicant, unless a final order denying
4384	the determination of need has been issued under s. 403.519:
4385	1.  The Department of Community Affairs shall prepare a
4386	report containing recommendations which address the impact upon
4387	the public of the proposed electrical power plant, based on the
4388	degree to which the electrical power plant is consistent with
4389	the applicable portions of the state comprehensive plan,
4390	emergency management, and other such matters within its
4391	jurisdiction. The Department of Community Affairs may also
4392	comment on the consistency of the proposed electrical power
4393	plant with applicable strategic regional policy plans or local
4394	comprehensive plans and land development regulations.
4395	2.  The water management district shall prepare a report as
4396	to matters within its jurisdiction, including but not limited
4397	to, the impact of the proposed electrical power plant on water
4398	resources, regional water supply planning, and district-owned
4399	lands and works.
4400	3.  Each local government in whose jurisdiction the
4401	proposed electrical power plant is to be located shall prepare a
4402	report as to the consistency of the proposed electrical power
4403	plant with all applicable local ordinances, regulations,
4404	standards, or criteria that apply to the proposed electrical
4405	power plant, including any applicable local environmental
4406	regulations adopted pursuant to s. 403.182 or by other means.
4407	4.  The Fish and Wildlife Conservation Commission shall
4408	prepare a report as to matters within its jurisdiction.
4409	5.  Each regional planning council shall prepare a report
4410	containing recommendations that address the impact upon the
4411	public of the proposed electrical power plant, based on the
4412	degree to which the electrical power plant is consistent with
4413	the applicable provisions of the strategic regional policy plan
4414	adopted pursuant to chapter 186 and other matters within its
4415	jurisdiction.
4416	6.  The Department of Transportation shall address the
4417	impact of the proposed electrical power plant on matters within
4418	its jurisdiction.
4419	Section 72.  Subsection (1), paragraph (a) of subsection
4420	(2), and paragraph (f) of subsection (3) of section 403.508,
4421	Florida Statutes, are amended to read:
4422	403.508  Land use and certification hearings, parties,
4423	participants.--
4424	(1)(a)  Within 5 days after the filing of If a petition for
4425	a hearing on land use has been filed pursuant to s. 403.50665,
4426	the designated administrative law judge shall schedule conduct a
4427	land use hearing to be conducted in the county of the proposed
4428	site or directly associated facility that is not exempt from the
4429	requirements of land use plans and zoning ordinances under
4430	chapter 163 and s. 380.04(3), as applicable, as expeditiously as
4431	possible, but not later than 30 days after the designated
4432	administrative law judge's department's receipt of the petition.
4433	The place of such hearing shall be as close as possible to the
4434	proposed site or directly associated facility. If a petition is
4435	filed, the hearing shall be held regardless of the status of the
4436	completeness of the application. However, incompleteness of
4437	information necessary for a local government to evaluate an
4438	application may be claimed by the local government as cause for
4439	a statement of inconsistency with existing land use plans and
4440	zoning ordinances under s. 403.50665.
4441	(b)  Notice of the land use hearing shall be published in
4442	accordance with the requirements of s. 403.5115.
4443	(c)  The sole issue for determination at the land use
4444	hearing shall be whether or not the proposed site or nonexempt
4445	associated facility is consistent and in compliance with
4446	existing land use plans and zoning ordinances. If the
4447	administrative law judge concludes that the proposed site or
4448	nonexempt associated facility is not consistent or in compliance
4449	with existing land use plans and zoning ordinances, the
4450	administrative law judge shall receive at the hearing evidence
4451	on, and address in the recommended order any changes to or
4452	approvals or variances under, the applicable land use plans or
4453	zoning ordinances which will render the proposed site or
4454	nonexempt associated facility consistent and in compliance with
4455	the local land use plans and zoning ordinances.
4456	(d)  The designated administrative law judge's recommended
4457	order shall be issued within 30 days after completion of the
4458	hearing and shall be reviewed by the board within 60 days after
4459	receipt of the recommended order by the board.
4460	(e)  If it is determined by the board that the proposed
4461	site or nonexempt associated facility does conform with existing
4462	land use plans and zoning ordinances in effect as of the date of
4463	the application, or as otherwise provided by this act, the
4464	responsible zoning or planning authority shall not thereafter
4465	change such land use plans or zoning ordinances so as to
4466	foreclose construction and operation of the proposed electrical
4467	power plant on the proposed site or directly associated
4468	facilities unless certification is subsequently denied or
4469	withdrawn.
4470	(f)  If it is determined by the board that the proposed
4471	site or nonexempt associated facility does not conform with
4472	existing land use plans and zoning ordinances, the board may, if
4473	it determines after notice and hearing and upon consideration of
4474	the recommended order on land use and zoning issues that it is
4475	in the public interest to authorize the use of the land as a
4476	site for a site or associated facility an electrical power
4477	plant, authorize a variance or other necessary approval to the
4478	adopted land use plan and zoning ordinances required to render
4479	the proposed site or associated facility consistent with local
4480	land use plans and zoning ordinances. The board's action shall
4481	not be controlled by any other procedural requirements of law.
4482	In the event a variance or other approval is denied by the
4483	board, it shall be the responsibility of the applicant to make
4484	the necessary application for any approvals determined by the
4485	board as required to make the proposed site or associated
4486	facility consistent and in compliance with local land use plans
4487	and zoning ordinances. No further action may be taken on the
4488	complete application until the proposed site or associated
4489	facility conforms to the adopted land use plan or zoning
4490	ordinances or the board grants relief as provided under this
4491	act.
4492	(2)(a)  A certification hearing shall be held by the
4493	designated administrative law judge no later than 265 days after
4494	the application is filed with the department. The certification
4495	hearing shall be held at a location in proximity to the proposed
4496	site. At the conclusion of the certification hearing, the
4497	designated administrative law judge shall, after consideration
4498	of all evidence of record, submit to the board a recommended
4499	order no later than 45 days after the filing of the hearing
4500	transcript.
4501	(3)
4502	(f)  Any agency, including those whose properties or works
4503	are being affected pursuant to s. 403.509(5)(4), shall be made a
4504	party upon the request of the department or the applicant.
4505	Section 73.  Subsection (3) of section 403.509, Florida
4506	Statutes, is amended, subsection (4) is renumbered as subsection
4507	(5), a new subsection (4) is added to that section, and
4508	subsection (5) is renumbered as subsection (6) and amended, to
4509	read:
4510	403.509  Final disposition of application.--
4511	(3)  In determining whether an application should be
4512	approved in whole, approved with modifications or conditions, or
4513	denied, the board, or secretary when applicable, shall consider
4514	whether, and the extent to which, the location, construction,
4515	and operation of the electrical power plant and directly
4516	associated facilities and their construction and operation will:
4517	(a)  Provide reasonable assurance that operational
4518	safeguards are technically sufficient for the public welfare and
4519	protection.
4520	(b)  Comply with applicable nonprocedural requirements of
4521	agencies.
4522	(c)  Be consistent with applicable local government
4523	comprehensive plans and land development regulations.
4524	(d)  Meet the electrical energy needs of the state in an
4525	orderly, reliable, and timely fashion.
4526	(e)  Effect a reasonable balance between the need for the
4527	facility as established pursuant to s. 403.519 and the impacts
4528	upon air and water quality, fish and wildlife, water resources,
4529	and other natural resources of the state resulting from the
4530	construction and operation of the facility.
4531	(f)  Minimize, through the use of reasonable and available
4532	methods, the adverse effects on human health, the environment,
4533	and the ecology of the land and its wildlife and the ecology of
4534	state waters and their aquatic life.
4535	(g)  Serve and protect the broad interests of the public.
4536	(4)(a)  Any transmission line corridor certified by the
4537	board, or secretary if applicable, shall meet the criteria of
4538	this section. When more than one transmission line corridor is
4539	proper for certification under s. 403.503(11) and meets the
4540	criteria of this section, the board, or secretary if applicable,
4541	shall certify the transmission line corridor that has the least
4542	adverse impact regarding the criteria in subsection (3),
4543	including costs.
4544	(b)  If the board, or secretary if applicable, finds that
4545	an alternate corridor rejected pursuant to s. 403.5271 as
4546	incorporated by reference in s. 403.5064(1)(b) meets the
4547	criteria of subsection (3) and has the least adverse impact
4548	regarding the criteria in subsection (3), the board, or
4549	secretary if applicable, shall deny certification or shall allow
4550	the applicant to submit an amended application to include the
4551	corridor.
4552	(c)  If the board, or secretary if applicable, finds that
4553	two or more of the corridors that comply with subsection (3)
4554	have the least adverse impacts regarding the criteria in
4555	subsection (3), including costs, and that the corridors are
4556	substantially equal in adverse impacts regarding the criteria in
4557	subsection (3), including costs, the board, or secretary if
4558	applicable, shall certify the corridor preferred by the
4559	applicant if the corridor is one proper for certification under
4560	s. 403.503(11).
4561	(6)(5)  For certifications issued by the board in regard to
4562	the properties and works of any agency which is a party to the
4563	certification hearing, the board shall have the authority to
4564	decide issues relating to the use, the connection thereto, or
4565	the crossing thereof, for the electrical power plant and
4566	directly associated facilities and to direct any such agency to
4567	execute, within 30 days after the entry of certification, the
4568	necessary license or easement for such use, connection, or
4569	crossing, subject only to the conditions set forth in such
4570	certification. For certifications issued by the department in
4571	regard to the properties and works of any agency that is a party
4572	to the proceeding, any stipulation filed pursuant to s.
4573	403.508(6)(a) must include a stipulation regarding any issues
4574	relating to the use, the connection thereto, or the crossing
4575	thereof, for the electrical power plant. Any agency stipulating
4576	to the use of, connection to, or crossing of its property must
4577	agree to execute, within 30 days after the entry of
4578	certification, the necessary license or easement for such use,
4579	connection, or crossing, subject only to the conditions set
4580	forth in such certification.
4581	Section 74.  Subsections (1) and (6) of section 403.511,
4582	Florida Statutes, are amended to read:
4583	403.511  Effect of certification.--
4584	(1)  Subject to the conditions set forth therein, any
4585	certification shall constitute the sole license of the state and
4586	any agency as to the approval of the location of the site and
4587	any associated facility and the construction and operation of
4588	the proposed electrical power plant, except for the issuance of
4589	department licenses required under any federally delegated or
4590	approved permit program and except as otherwise provided in
4591	subsection (4).
4592	(6)  No term or condition of an electrical power plant a
4593	site certification shall be interpreted to supersede or control
4594	the provisions of a final operation permit for a major source of
4595	air pollution issued by the department pursuant to s. 403.0872
4596	to a facility certified under this part.
4597	Section 75.  Subsection (1) of section 403.5112, Florida
4598	Statutes, is amended to read:
4599	403.5112  Filing of notice of certified corridor route.--
4600	(1)  Within 60 days after certification of an a directly
4601	associated linear facility pursuant to this act, the applicant
4602	shall file, in accordance with s. 28.222, with the department
4603	and the clerk of the circuit court for each county through which
4604	the corridor will pass, a notice of the certified route.
4605	Section 76.  Section 403.5113, Florida Statutes, is amended
4606	to read:
4607	403.5113  Postcertification amendments and review.--
4608	(1)  POSTCERTIFICATION AMENDMENTS.--
4609	(a)  If, subsequent to certification by the board, a
4610	licensee proposes any material change to the application and
4611	revisions or amendments thereto, as certified, the licensee
4612	shall submit a written request for amendment and a description
4613	of the proposed change to the application to the department.
4614	Within 30 days after the receipt of the request for the
4615	amendment, the department shall determine whether the proposed
4616	change to the application requires a modification of the
4617	conditions of certification.
4618	(b)(2)  If the department concludes that the change would
4619	not require a modification of the conditions of certification,
4620	the department shall provide written notification of the
4621	approval of the proposed amendment to the licensee, all
4622	agencies, and all other parties.
4623	(c)(3)  If the department concludes that the change would
4624	require a modification of the conditions of certification, the
4625	department shall provide written notification to the licensee
4626	that the proposed change to the application requires a request
4627	for modification pursuant to s. 403.516.
4628	(2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
4629	submittals filed by the licensee with one or more agencies are
4630	for the purpose of monitoring for compliance with the issued
4631	certification and must be reviewed by the agencies on an
4632	expedited and priority basis because each facility certified
4633	under this act is a critical infrastructure facility. In no
4634	event shall a postcertification review be completed in more than
4635	90 days after complete information is submitted to the reviewing
4636	agencies.
4637	Section 77.  Section 403.5115, Florida Statutes, is amended
4638	to read:
4639	403.5115  Public notice.--
4640	(1)  The following notices are to be published by the
4641	applicant for all applications:
4642	(a)  Notice of the filing of a notice of intent under s.
4643	403.5063, which shall be published within 21 days after the
4644	filing of the notice. The notice shall be published as specified
4645	by subsection (2), except that the newspaper notice shall be
4646	one-fourth page in size in a standard size newspaper or one-half
4647	page in size in a tabloid size newspaper.
4648	(b)  Notice of filing of the application, which shall
4649	include a description of the proceedings required by this act,
4650	within 21 days after the date of the application filing. Such
4651	notice shall give notice of the provisions of s. 403.511(1) and
4652	(2).
4653	(c)  If applicable, notice of the land use determination
4654	made pursuant to s. 403.50665(2)(1) within 21 days after the
4655	deadline for the filing of the determination is filed.
4656	(d)  If applicable, notice of the land use hearing, which
4657	shall be published as specified in subsection (2), no later than
4658	15 days before the hearing.
4659	(e)  Notice of the certification hearing and notice of the
4660	deadline for filing notice of intent to be a party, which shall
4661	be published as specified in subsection (2), at least 65 days
4662	before the date set for the certification hearing. If one or
4663	more alternate corridors have been accepted for consideration,
4664	the notice of the certification hearing shall include a map of
4665	all corridors proposed for certification.
4666	(f)  Notice of revised deadline for filing alternate
4667	corridors if the certification hearing is rescheduled to a date
4668	other than as published in the notice of filing of the
4669	application. This notice shall be published at least 185 days
4670	before the rescheduled certification hearing and as specified in
4671	subsection (2), except no map is required and the size of the
4672	notice shall be no smaller than 6 square inches.
4673	(g)(f)  Notice of the cancellation of the certification
4674	hearing, if applicable, no later than 3 days before the date of
4675	the originally scheduled certification hearing. The newspaper
4676	notice shall be one-fourth page in size in a standard-size
4677	newspaper or one-half page in size in a tabloid-size newspaper.
4678	(h)(g)  Notice of modification when required by the
4679	department, based on whether the requested modification of
4680	certification will significantly increase impacts to the
4681	environment or the public. Such notice shall be published as
4682	specified under subsection (2):
4683	1.  Within 21 days after receipt of a request for
4684	modification. The newspaper notice shall be of a size as
4685	directed by the department commensurate with the scope of the
4686	modification.
4687	2.  If a hearing is to be conducted in response to the
4688	request for modification, then notice shall be published no
4689	later than 30 days before the hearing.
4690	(h)  Notice of a supplemental application, which shall be
4691	published as specified in paragraph (b) and subsection (2).
4692	(i)  Notice of existing site certification pursuant to s.
4693	403.5175. Notices shall be published as specified in paragraph
4694	(b) and subsection (2).
4695	(2)  Notices provided by the applicant shall be published
4696	in newspapers of general circulation within the county or
4697	counties in which the proposed electrical power plant will be
4698	located. The newspaper notices, unless otherwise specified,
4699	shall be at least one-half page in size in a standard size
4700	newspaper or a full page in a tabloid size newspaper. These
4701	notices shall include a map generally depicting the project and
4702	all associated facilities corridors. A newspaper of general
4703	circulation shall be the newspaper which has the largest daily
4704	circulation in that county and has its principal office in that
4705	county. If the newspaper with the largest daily circulation has
4706	its principal office outside the county, the notices shall
4707	appear in both the newspaper having the largest circulation in
4708	that county and in a newspaper authorized to publish legal
4709	notices in that county.
4710	(3)  All notices published by the applicant shall be paid
4711	for by the applicant and shall be in addition to the application
4712	fee.
4713	(4)  The department shall arrange for publication of the
4714	following notices in the manner specified by chapter 120 and
4715	provide copies of those notices to any persons who have
4716	requested to be placed on the departmental mailing list for this
4717	purpose:
4718	(a)  Notice of the filing of the notice of intent within 15
4719	days after receipt of the notice.
4720	(b)  Notice of the filing of the application, no later than
4721	21 days after the application filing.
4722	(c)  Notice of the land use determination made pursuant to
4723	s. 403.50665(2)(1) within 21 days after the determination is
4724	filed.
4725	(d)  Notice of the land use hearing before the
4726	administrative law judge, if applicable, no later than 15 days
4727	before the hearing.
4728	(e)  Notice of the land use hearing before the board, if
4729	applicable.
4730	(f)  Notice of the certification hearing at least 45 days
4731	before the date set for the certification hearing.
4732	(g)  Notice of the revised deadline for filing alternate
4733	corridors if the certification hearing is rescheduled to a date
4734	other than as published in the notice of filing of the
4735	application. This notice shall be published at least 185 days
4736	before the rescheduled certification hearing.
4737	(h)(g)  Notice of the cancellation of the certification
4738	hearing, if applicable, no later than 3 days prior to the date
4739	of the originally scheduled certification hearing.
4740	(i)(h)  Notice of the hearing before the board, if
4741	applicable.
4742	(j)(i)  Notice of stipulations, proposed agency action, or
4743	petitions for modification.
4744	(5)  A local government or regional planning council that
4745	proposes to conduct an informational public meeting pursuant to
4746	s. 403.50663 must publish notice of the meeting in a newspaper
4747	of general circulation within the county or counties in which
4748	the proposed electrical power plant will be located no later
4749	than 7 days prior to the meeting. A newspaper of general
4750	circulation shall be the newspaper that has the largest daily
4751	circulation in that county and has its principal office in that
4752	county. If the newspaper with the largest daily circulation has
4753	its principal office outside the county, the notices shall
4754	appear in both the newspaper having the largest circulation in
4755	that county and in a newspaper authorized to publish legal
4756	notices in that county.
4757	(6)(a)  A good faith effort shall be made by the applicant
4758	to provide direct written notice of the filing of an application
4759	for certification by United States mail or hand delivery no
4760	later than 45 days after filing of the application to all local
4761	landowners whose property, as noted in the most recent local
4762	government tax records, and residences are located within the
4763	following distances of the proposed project:
4764	1.  Three miles of the proposed main site boundaries of the
4765	proposed electrical power plant.
4766	2.  One-quarter mile for a transmission line corridor that
4767	only includes a transmission line as defined by s. 403.522(22).
4768	3.  For all other linear associated facilities extending
4769	away from the main site boundary except for a transmission line
4770	corridor that includes a transmission line that operates below
4771	those defined by s. 403.522(22).
4772	(b)  No later than 60 days from the filing of an
4773	application for certification, the applicant shall file a list
4774	with the department's Siting Coordination Office of landowners
4775	and residences that were notified.
4776	(7)(a)  A good faith effort shall be made by the proponent
4777	of an alternate corridor that includes a transmission line, as
4778	defined by s. 403.522(22), to provide direct written notice of
4779	the filing of an alternate corridor for certification by United
4780	States mail or hand delivery of the filing of no later than 30
4781	days after filing of the alternate corridor to all local
4782	landowners whose property, as noted in the most recent local
4783	government tax records, and residences, are located within one-
4784	quarter mile of the proposed boundaries of a transmission line
4785	corridor that includes a transmission line as defined by s.
4786	403.522(22).
4787	(b)  No later than 45 days from the filing of an alternate
4788	corridor for certification, the proponent of an alternate
4789	corridor shall file a list with the department's Siting
4790	Coordination Office of landowners and residences that were
4791	notified.
4792	Section 78.  Paragraph (b) of subsection (1) of section
4793	403.516, Florida Statutes, is amended to read:
4794	403.516  Modification of certification.--
4795	(1)  A certification may be modified after issuance in any
4796	one of the following ways:
4797	(b)1.  The department may modify specific conditions of a
4798	site certification which are inconsistent with the terms of any
4799	federally delegated or approved permit for the certified
4800	electrical power plant.
4801	2.  Such modification may be made without further notice if
4802	the matter has been previously noticed under the requirements
4803	for any federally delegated or approved permit program.
4804	Section 79.  Paragraphs (a) and (c) of subsection (1) of
4805	section 403.517, Florida Statutes, are amended to read:
4806	403.517  Supplemental applications for sites certified for
4807	ultimate site capacity.--
4808	(1)(a)  Supplemental applications may be submitted for
4809	certification of the construction and operation of electrical
4810	power plants to be located at sites which have been previously
4811	certified for an ultimate site capacity pursuant to this act.
4812	Supplemental applications shall be limited to electrical power
4813	plants using the fuel type previously certified for that site.
4814	Such applications shall include all new directly associated
4815	facilities that support the construction and operation of the
4816	electrical power plant.
4817	(c)  The time limits for the processing of a complete
4818	supplemental application shall be designated by the department
4819	commensurate with the scope of the supplemental application, but
4820	shall not exceed any time limitation governing the review of
4821	initial applications for site certification pursuant to this
4822	act, it being the legislative intent to provide shorter time
4823	limitations for the processing of supplemental applications for
4824	electrical power plants to be constructed and operated at sites
4825	which have been previously certified for an ultimate site
4826	capacity.
4827	Section 80.  Subsections (1), (2), and (3) of section
4828	403.5175, Florida Statutes, are amended to read:
4829	403.5175  Existing electrical power plant site
4830	certification.--
4831	(1)  An electric utility that owns or operates an existing
4832	electrical power plant as defined in s. 403.503(14)(13) may
4833	apply for certification of an existing power plant and its site
4834	in order to obtain all agency licenses necessary to ensure
4835	compliance with federal or state environmental laws and
4836	regulation using the centrally coordinated, one-stop licensing
4837	process established by this part. An application for site
4838	certification under this section must be in the form prescribed
4839	by department rule. Applications must be reviewed and processed
4840	using the same procedural steps and notices as for an
4841	application for a new facility, except that a determination of
4842	need by the Public Service Commission is not required.
4843	(2)  An application for certification under this section
4844	must include:
4845	(a)  A description of the site and existing power plant
4846	installations and associated facilities;
4847	(b)  A description of all proposed changes or alterations
4848	to the site and or electrical power plant, including all new
4849	associated facilities that are the subject of the application;
4850	(c)  A description of the environmental and other impacts
4851	caused by the existing utilization of the site and directly
4852	associated facilities, and the operation of the electrical power
4853	plant that is the subject of the application, and of the
4854	environmental and other benefits, if any, to be realized as a
4855	result of the proposed changes or alterations if certification
4856	is approved and such other information as is necessary for the
4857	reviewing agencies to evaluate the proposed changes and the
4858	expected impacts;
4859	(d)  The justification for the proposed changes or
4860	alterations;
4861	(e)  Copies of all existing permits, licenses, and
4862	compliance plans authorizing utilization of the site and
4863	directly associated facilities or operation of the electrical
4864	power plant that is the subject of the application.
4865	(3)  The land use and zoning determination requirements of
4866	s. 403.50665 do not apply to an application under this section
4867	if the applicant does not propose to expand the boundaries of
4868	the existing site or to add additional offsite associated
4869	facilities that are not exempt from the provisions of s.
4870	403.50665. If the applicant proposes to expand the boundaries of
4871	the existing site or to add additional offsite associated
4872	facilities that are not exempt from the provisions of s.
4873	403.50665 to accommodate portions of the electrical generating
4874	facility plant or associated facilities, a land use and zoning
4875	determination shall be made as specified in s. 403.50665;
4876	provided, however, that the sole issue for determination is
4877	whether the proposed site expansion or additional nonexempt
4878	associated facilities are is consistent and in compliance with
4879	the existing land use plans and zoning ordinances.
4880	Section 81.  Section 403.518, Florida Statutes, is amended
4881	to read:
4882	403.518  Fees; disposition.--The department shall charge
4883	the applicant the following fees, as appropriate, which, unless
4884	otherwise specified, shall be paid into the Florida Permit Fee
4885	Trust Fund:
4886	(1)  A fee for a notice of intent pursuant to s. 403.5063,
4887	in the amount of $2,500, to be submitted to the department at
4888	the time of filing of a notice of intent. The notice-of-intent
4889	fee shall be used and disbursed in the same manner as the
4890	application fee.
4891	(2)  An application fee, which shall not exceed $200,000.
4892	The fee shall be fixed by rule on a sliding scale related to the
4893	size, type, ultimate site capacity, or increase in electrical
4894	generating capacity proposed by the application.
4895	(a)  Sixty percent of the fee shall go to the department to
4896	cover any costs associated with coordinating the review and
4897	acting upon the application, to cover any field services
4898	associated with monitoring construction and operation of the
4899	facility, and to cover the costs of the public notices published
4900	by the department.
4901	(b)  The following percentages shall be transferred to the
4902	Operating Trust Fund of the Division of Administrative Hearings
4903	of the Department of Management Services:
4904	1.  Five percent to compensate expenses from the initial
4905	exercise of duties associated with the filing of an application.
4906	2.  An additional 5 percent if a land use hearing is held
4907	pursuant to s. 403.508.
4908	3.  An additional 10 percent if a certification hearing is
4909	held pursuant to s. 403.508.
4910	(c)1.  Upon written request with proper itemized accounting
4911	within 90 days after final agency action by the board or
4912	department or withdrawal of the application, the agencies that
4913	prepared reports pursuant to s. 403.507 or participated in a
4914	hearing pursuant to s. 403.508 may submit a written request to
4915	the department for reimbursement of expenses incurred during the
4916	certification proceedings. The request shall contain an
4917	accounting of expenses incurred which may include time spent
4918	reviewing the application, preparation of any studies required
4919	of the agencies by this act, agency travel and per diem to
4920	attend any hearing held pursuant to this act, and for any agency
4921	or local government's or regional planning council's provision
4922	of notice of public meetings or hearings required as a result of
4923	the application for certification. The department shall review
4924	the request and verify that the expenses are valid. Valid
4925	expenses shall be reimbursed; however, in the event the amount
4926	of funds available for reimbursement is insufficient to provide
4927	for full compensation to the agencies requesting reimbursement,
4928	reimbursement shall be on a prorated basis.
4929	2.  If the application review is held in abeyance for more
4930	than 1 year, the agencies may submit a request for
4931	reimbursement. This time period shall be measured from the date
4932	the applicant has provided written notification to the
4933	department that it desires to have the application review
4934	process placed on hold. The fee disbursement shall be processed
4935	in accordance with subparagraph 1.
4936	(d)  If any sums are remaining, the department shall retain
4937	them for its use in the same manner as is otherwise authorized
4938	by this act; provided, however, that if the certification
4939	application is withdrawn, the remaining sums shall be refunded
4940	to the applicant within 90 days after the submittal of the
4941	written notification of withdrawal.
4942	(3)(a)  A certification modification fee, which shall not
4943	exceed $30,000. The department shall establish rules for
4944	determining such a fee based on the number of agencies involved
4945	in the review, equipment redesign, change in site size, type,
4946	increase in generating capacity proposed, or change in an
4947	associated linear facility location.
4948	(b)  The fee shall be submitted to the department with a
4949	petition for modification pursuant to s. 403.516. This fee shall
4950	be established, disbursed, and processed in the same manner as
4951	the application fee in subsection (2), except that the Division
4952	of Administrative Hearings shall not receive a portion of the
4953	fee unless the petition for certification modification is
4954	referred to the Division of Administrative Hearings for hearing.
4955	If the petition is so referred, only $10,000 of the fee shall be
4956	transferred to the Operating Trust Fund of the Division of
4957	Administrative Hearings of the Department of Management
4958	Services.
4959	(4)  A supplemental application fee, not to exceed $75,000,
4960	to cover all reasonable expenses and costs of the review,
4961	processing, and proceedings of a supplemental application. This
4962	fee shall be established, disbursed, and processed in the same
4963	manner as the certification application fee in subsection (2).
4964	(5)  An existing site certification application fee, not to
4965	exceed $200,000, to cover all reasonable costs and expenses of
4966	the review processing and proceedings for certification of an
4967	existing power plant site under s. 403.5175. This fee must be
4968	established, disbursed, and processed in the same manner as the
4969	certification application fee in subsection (2).
4970	(6)  An application fee for an alternate corridor filed
4971	pursuant to s. 403.5064(4). The application fee shall be $750
4972	per mile for each mile of the alternate corridor located within
4973	an existing electric transmission line right-of-way or within an
4974	existing right-of-way for a road, highway, railroad, or other
4975	aboveground linear facility, or $1,000 per mile for each mile of
4976	an electric transmission line corridor proposed to be located
4977	outside the existing right-of-way.
4978	Section 82.  Paragraphs (a) and (e) of subsection (4) of
4979	section 403.519, Florida Statutes, are amended to read:
4980	403.519  Exclusive forum for determination of need.--
4981	(4)  In making its determination on a proposed electrical
4982	power plant using nuclear materials or synthesis gas produced by
4983	integrated gasification combined cycle power plant as fuel, the
4984	commission shall hold a hearing within 90 days after the filing
4985	of the petition to determine need and shall issue an order
4986	granting or denying the petition within 135 days after the date
4987	of the filing of the petition. The commission shall be the sole
4988	forum for the determination of this matter and the issues
4989	addressed in the petition, which accordingly shall not be
4990	reviewed in any other forum, or in the review of proceedings in
4991	such other forum. In making its determination to either grant or
4992	deny the petition, the commission shall consider the need for
4993	electric system reliability and integrity, including fuel
4994	diversity, the need for base-load generating capacity, the need
4995	for adequate electricity at a reasonable cost, and whether
4996	renewable energy sources and technologies, as well as
4997	conservation measures, are utilized to the extent reasonably
4998	available.
4999	(a)  The applicant's petition shall include:
5000	1.  A description of the need for the generation capacity.
5001	2.  A description of how the proposed nuclear or integrated
5002	gasification combined cycle power plant will enhance the
5003	reliability of electric power production within the state by
5004	improving the balance of power plant fuel diversity and reducing
5005	Florida's dependence on fuel oil and natural gas.
5006	3.  A description of and a nonbinding estimate of the cost
5007	of the nuclear or integrated gasification combined cycle power
5008	plant, including any costs associated with new, expanded, or
5009	relocated electrical transmission lines or facilities of any
5010	size that are necessary to serve the nuclear power plant.
5011	4.  The annualized base revenue requirement for the first
5012	12 months of operation of the nuclear or integrated gasification
5013	combined cycle power plant.
5014	5.  Information on whether there were any discussions with
5015	any electric utilities regarding ownership of a portion of the
5016	nuclear or integrated gasification combined cycle power plant by
5017	such electric utilities.
5018	(e)  After a petition for determination of need for a
5019	nuclear or integrated gasification combined cycle power plant
5020	has been granted, the right of a utility to recover any costs
5021	incurred prior to commercial operation, including, but not
5022	limited to, costs associated with the siting, design, licensing,
5023	or construction of the plant and new, expanded, or relocated
5024	electrical transmission lines or facilities of any size that are
5025	necessary to serve the nuclear power plant, shall not be subject
5026	to challenge unless and only to the extent the commission finds,
5027	based on a preponderance of the evidence adduced at a hearing
5028	before the commission under s. 120.57, that certain costs were
5029	imprudently incurred. Proceeding with the construction of the
5030	nuclear or integrated gasification combined cycle power plant
5031	following an order by the commission approving the need for the
5032	nuclear or integrated gasification combined cycle power plant
5033	under this act shall not constitute or be evidence of
5034	imprudence. Imprudence shall not include any cost increases due
5035	to events beyond the utility's control. Further, a utility's
5036	right to recover costs associated with a nuclear or integrated
5037	gasification combined cycle power plant may not be raised in any
5038	other forum or in the review of proceedings in such other forum.
5039	Costs incurred prior to commercial operation shall be recovered
5040	pursuant to chapter 366.
5041	Section 83.  Subsection (1) of section 403.5252, Florida
5042	Statutes, is amended to read:
5043	403.5252  Determination of completeness.--
5044	(1)(a)  Within 30 days after the filing distribution of an
5045	application, the affected agencies shall file a statement with
5046	the department containing the recommendations of each agency
5047	concerning the completeness of the application for
5048	certification.
5049	(b)  Within 37 7 days after the filing receipt of the
5050	application completeness statements of each agency, the
5051	department shall file a statement with the Division of
5052	Administrative Hearings, with the applicant, and with all
5053	parties declaring its position with regard to the completeness
5054	of the application. The statement of the department shall be
5055	based upon its consultation with the affected agencies.
5056	Section 84.  Subsection (1) and paragraph (a) of subsection
5057	(2) of section 403.526, Florida Statutes, are amended to read:
5058	403.526  Preliminary statements of issues, reports, and
5059	project analyses; studies.--
5060	(1)  Each affected agency that is required to file a report
5061	in accordance with this section shall submit a preliminary
5062	statement of issues to the department and all parties no later
5063	than the submittal of each agency's recommendation that the
5064	application is complete 50 days after the filing of the
5065	application. Such statements of issues shall be made available
5066	to each local government for use as information for public
5067	meetings held under s. 403.5272. The failure to raise an issue
5068	in this preliminary statement of issues does not preclude the
5069	issue from being raised in the agency's report.
5070	(2)(a)  No later than 90 days after the filing of the
5071	application, the following agencies shall prepare reports as
5072	provided below, unless a final order denying the determination
5073	of need has been issued under s. 403.537 and shall submit them
5074	to the department and the applicant no later than 90 days after
5075	the filing of the application:
5076	1.  The department shall prepare a report as to the impact
5077	of each proposed transmission line or corridor as it relates to
5078	matters within its jurisdiction.
5079	2.  Each water management district in the jurisdiction of
5080	which a proposed transmission line or corridor is to be located
5081	shall prepare a report as to the impact on water resources and
5082	other matters within its jurisdiction.
5083	3.  The Department of Community Affairs shall prepare a
5084	report containing recommendations which address the impact upon
5085	the public of the proposed transmission line or corridor, based
5086	on the degree to which the proposed transmission line or
5087	corridor is consistent with the applicable portions of the state
5088	comprehensive plan, emergency management, and other matters
5089	within its jurisdiction. The Department of Community Affairs may
5090	also comment on the consistency of the proposed transmission
5091	line or corridor with applicable strategic regional policy plans
5092	or local comprehensive plans and land development regulations.
5093	4.  The Fish and Wildlife Conservation Commission shall
5094	prepare a report as to the impact of each proposed transmission
5095	line or corridor on fish and wildlife resources and other
5096	matters within its jurisdiction.
5097	5.  Each local government shall prepare a report as to the
5098	impact of each proposed transmission line or corridor on matters
5099	within its jurisdiction, including the consistency of the
5100	proposed transmission line or corridor with all applicable local
5101	ordinances, regulations, standards, or criteria that apply to
5102	the proposed transmission line or corridor, including local
5103	comprehensive plans, zoning regulations, land development
5104	regulations, and any applicable local environmental regulations
5105	adopted pursuant to s. 403.182 or by other means. A change by
5106	the responsible local government or local agency in local
5107	comprehensive plans, zoning ordinances, or other regulations
5108	made after the date required for the filing of the local
5109	government's report required by this section is not applicable
5110	to the certification of the proposed transmission line or
5111	corridor unless the certification is denied or the application
5112	is withdrawn.
5113	6.  Each regional planning council shall present a report
5114	containing recommendations that address the impact upon the
5115	public of the proposed transmission line or corridor based on
5116	the degree to which the transmission line or corridor is
5117	consistent with the applicable provisions of the strategic
5118	regional policy plan adopted under chapter 186 and other impacts
5119	of each proposed transmission line or corridor on matters within
5120	its jurisdiction.
5121	7.  The Department of Transportation shall prepare a report
5122	as to the impact of the proposed transmission line or corridor
5123	on state roads, railroads, airports, aeronautics, seaports, and
5124	other matters within its jurisdiction.
5125	8.  The commission shall prepare a report containing its
5126	determination under s. 403.537, and the report may include the
5127	comments from the commission with respect to any other subject
5128	within its jurisdiction.
5129	9.  Any other agency, if requested by the department, shall
5130	also perform studies or prepare reports as to subjects within
5131	the jurisdiction of the agency which may potentially be affected
5132	by the proposed transmission line.
5133	Section 85.  Subsection (4) and paragraph (a) of subsection
5134	(6) of section 403.527, Florida Statutes, are amended to read:
5135	403.527  Certification hearing, parties, participants.--
5136	(4)(a)  One public hearing where members of the public who
5137	are not parties to the certification hearing may testify shall
5138	be held in conjunction with the certification hearing within the
5139	boundaries of each county, at the option of any local
5140	government.
5141	(b)  Upon the request of the local government, one public
5142	hearing where members of the public who are not parties to the
5143	certification hearing and who reside within the jurisdiction of
5144	the local government may testify shall be held within the
5145	boundaries of each county in which a local government that made
5146	such a request is located.
5147	(c)(a)  A local government shall notify the administrative
5148	law judge and all parties not later than 50 21 days after the
5149	filing of the application has been determined complete as to
5150	whether the local government wishes to have a public hearing
5151	within the boundaries of its county. If a filing for an
5152	alternate corridor is accepted for consideration under s.
5153	403.5271(1) by the department and the applicant, any newly
5154	affected local government must notify the administrative law
5155	judge and all parties not later than 10 days after the data
5156	concerning the alternate corridor has been determined complete
5157	as to whether the local government wishes to have such a public
5158	hearing. The local government is responsible for providing the
5159	location of the public hearing if held separately from the
5160	certification hearing.
5161	(d)(b)  Within 5 days after notification, the
5162	administrative law judge shall determine the date of the public
5163	hearing, which shall be held before or during the certification
5164	hearing. If two or more local governments within one county
5165	request a public hearing, the hearing shall be consolidated so
5166	that only one public hearing is held in any county. The location
5167	of a consolidated hearing shall be determined by the
5168	administrative law judge.
5169	(e)(c)  If a local government does not request a public
5170	hearing within 50 21 days after the filing of the application
5171	has been determined complete, members of the public who are not
5172	parties to the certification hearing and who reside persons
5173	residing within the jurisdiction of the local government may
5174	testify during the that portion of the certification hearing
5175	held under paragraph (b) at which public testimony is heard.
5176	(6)(a)  No later than 29 25 days before the certification
5177	hearing, the department or the applicant may request that the
5178	administrative law judge cancel the certification hearing and
5179	relinquish jurisdiction to the department if all parties to the
5180	proceeding stipulate that there are no disputed issues of
5181	material fact or law to be raised at the certification hearing.
5182	Section 86.  Paragraphs (b), (c), and (e) of subsection (1)
5183	of section 403.5271, Florida Statutes, are amended to read:
5184	403.5271  Alternate corridors.--
5185	(1)  No later than 45 days before the originally scheduled
5186	certification hearing, any party may propose alternate
5187	transmission line corridor routes for consideration under the
5188	provisions of this act.
5189	(b)1.  Within 7 days after receipt of the notice, the
5190	applicant and the department shall file with the administrative
5191	law judge and all parties a notice of acceptance or rejection of
5192	a proposed alternate corridor for consideration. If the
5193	alternate corridor is rejected by the applicant or the
5194	department, the certification hearing and the public hearings
5195	shall be held as scheduled. If both the applicant and the
5196	department accept a proposed alternate corridor for
5197	consideration, the certification hearing and the public hearings
5198	shall be rescheduled, if necessary. If a filing for an alternate
5199	corridor is accepted for consideration by the department and the
5200	applicant, any newly affected local government must notify the
5201	administrative law judge and all parties not later than 10 days
5202	after the data concerning the alternate corridor has been
5203	determined complete as to whether the local government wishes to
5204	have such a public hearing. The local government is responsible
5205	for providing the location of the public hearing if held
5206	separately from the certification hearing. The provisions of s.
5207	403.527(4)(b) and (c) shall apply. Notice of the local hearings
5208	shall be published in accordance with s. 403.5363.
5209	2.  If rescheduled, the certification hearing shall be held
5210	no more than 90 days after the previously scheduled
5211	certification hearing, unless the data submitted under paragraph
5212	(d) is determined to be incomplete, in which case the
5213	rescheduled certification hearing shall be held no more than 105
5214	days after the previously scheduled certification hearing. If
5215	additional time is needed due to the alternate corridor crossing
5216	a local government jurisdiction that was not previously
5217	affected, the remainder of the schedule listed below shall be
5218	appropriately adjusted by the administrative law judge to allow
5219	that local government to prepare a report pursuant to s.
5220	403.526(2)(a)5. Notice that the certification hearing has been
5221	deferred due to the acceptance of the alternate corridor shall
5222	be published in accordance with s. 403.5363.
5223	(c)  Notice of the filing of the alternate corridor, of the
5224	revised time schedules, of the deadline for newly affected
5225	persons and agencies to file notice of intent to become a party,
5226	of the rescheduled hearing date, and of the proceedings shall be
5227	published by the alternate proponent in accordance with s.
5228	403.5363(2). If the notice is not timely published or does not
5229	meet the notice requirements, the alternate shall be deemed
5230	withdrawn.
5231	(e)1.  Reviewing agencies shall advise the department of
5232	any issues concerning completeness no later than 15 days after
5233	the submittal of the data required by paragraph (d). Within 22
5234	days after receipt of the data, the department shall issue a
5235	determination of completeness.
5236	2.  If the department determines that the data required by
5237	paragraph (d) is not complete, the party proposing the alternate
5238	corridor must file such additional data to correct the
5239	incompleteness. This additional data must be submitted within 14
5240	days after the determination by the department.
5241	3.  Reviewing agencies may advise the department of any
5242	issues concerning completeness of the additional data within 10
5243	days after the filing by the party proposing the alternate
5244	corridor. If the department, within 14 days after receiving the
5245	additional data, determines that the data remains incomplete,
5246	the incompleteness of the data is deemed a withdrawal of the
5247	proposed alternate corridor. The department may make its
5248	determination based on recommendations made by other affected
5249	agencies.
5250	Section 87.  Subsection (3) of section 403.5272, Florida
5251	Statutes, is amended to read:
5252	403.5272  Informational public meetings.--
5253	(3)  A local government or regional planning council that
5254	intends to conduct an informational public meeting must provide
5255	notice of the meeting, with notice sent to all parties listed in
5256	s. 403.527(2)(a), not less than 15 5 days before the meeting and
5257	to the general public in accordance with s. 403.5363(4).
5258	Section 88.  Subsection (1) of section 403.5312, Florida
5259	Statutes, is amended to read:
5260	403.5312  Filing of notice of certified corridor route.--
5261	(1)  Within 60 days after certification of a directly
5262	associated transmission line under ss. 403.501-403.518 or a
5263	transmission line corridor under ss. 403.52-403.5365, the
5264	applicant shall file with the department and, in accordance with
5265	s. 28.222, with the clerk of the circuit court for each county
5266	through which the corridor will pass, a notice of the certified
5267	route.
5268	Section 89.  Section 403.5363, Florida Statutes, is amended
5269	to read:
5270	403.5363  Public notices; requirements.--
5271	(1)(a)  The applicant shall arrange for the publication of
5272	the notices specified in paragraph (b).
5273	1.  The notices shall be published in newspapers of general
5274	circulation within counties crossed by the transmission line
5275	corridors proper for certification. The required newspaper
5276	notices for filing of an application and for the certification
5277	hearing shall be one-half page in size in a standard-size
5278	newspaper or a full page in a tabloid-size newspaper and
5279	published in a section of the newspaper other than the section
5280	for legal notices. These two notices must include a map
5281	generally depicting all transmission corridors proper for
5282	certification. A newspaper of general circulation shall be the
5283	newspaper within a county crossed by a transmission line
5284	corridor proper for certification which newspaper has the
5285	largest daily circulation in that county and has its principal
5286	office in that county. If the newspaper having the largest daily
5287	circulation has its principal office outside the county, the
5288	notices must appear in both the newspaper having the largest
5289	circulation in that county and in a newspaper authorized to
5290	publish legal notices in that county.
5291	2.  The department shall adopt rules specifying the content
5292	of the newspaper notices.
5293	3.  All notices published by the applicant shall be paid
5294	for by the applicant and shall be in addition to the application
5295	fee.
5296	(b)  Public notices that must be published under this
5297	section include:
5298	1.  The notice of the filing of an application, which must
5299	include a description of the proceedings required by this act.
5300	The notice must describe the provisions of s. 403.531(1) and (2)
5301	and give the date by which notice of intent to be a party or a
5302	petition to intervene in accordance with s. 403.527(2) must be
5303	filed. This notice must be published no more than 21 days after
5304	the application is filed. The notice shall, at a minimum, be
5305	one-half page in size in a standard-size newspaper or a full
5306	page in a tabloid-size newspaper. The notice must include a map
5307	generally depicting all transmission corridors proper for
5308	certification.
5309	2.  The notice of the certification hearing and any other
5310	public hearing held permitted under s. 403.527(4). The notice
5311	must include the date by which a person wishing to appear as a
5312	party must file the notice to do so. The notice of the
5313	originally scheduled certification hearing must be published at
5314	least 65 days before the date set for the certification hearing.
5315	The notice shall meet the size and map requirements set forth in
5316	subparagraph 1.
5317	3.  The notice of the cancellation of the certification
5318	hearing under s. 403.527(6), if applicable. The notice must be
5319	published at least 3 days before the date of the originally
5320	scheduled certification hearing. The notice shall, at a minimum,
5321	be one-fourth page in size in a standard-size newspaper or one-
5322	half page in a tabloid-size newspaper. The notice shall not
5323	require a map to be included.
5324	4.  The notice of the deferment of the certification
5325	hearing due to the acceptance of an alternate corridor under s.
5326	403.5272(1)(b)2. The notice must be published at least 7 days
5327	before the date of the originally scheduled certification
5328	hearing. The notice shall, at a minimum, be one-eighth page in
5329	size in a standard-size newspaper or one-fourth page in a
5330	tabloid-size newspaper. The notice shall not require a map to be
5331	included.
5332	5.  If the notice of the rescheduled certification hearing
5333	required of an alternate proponent under s. 403.5271(1)(c) is
5334	not timely published or does not meet the notice requirements
5335	such that an alternate corridor is withdrawn under the
5336	provisions of s. 403.5271(1)(c), the notice of the rescheduled
5337	hearing and any local hearings shall be provided by the
5338	applicant at least 30 days prior to the rescheduled
5339	certification hearing.
5340	6.4.  The notice of the filing of a proposal to modify the
5341	certification submitted under s. 403.5315, if the department
5342	determines that the modification would require relocation or
5343	expansion of the transmission line right-of-way or a certified
5344	substation.
5345	(2)(a)  Each The proponent of an alternate corridor shall
5346	arrange for newspaper notice of the publication of the filing of
5347	the proposal for an alternate corridor. If there is more than
5348	one alternate proponent, the proponents may jointly publish
5349	notice, so long as the content requirements below are met and
5350	the maps are legible.
5351	(b)  The notice shall specify, the revised time schedules,
5352	the date by which newly affected persons or agencies may file
5353	the notice of intent to become a party, and the date of the
5354	rescheduled hearing, and the date of any public hearing held
5355	under s. 403.5271(1)(b)1.
5356	(c)  A notice listed in this subsection must be published
5357	in a newspaper of general circulation within the county or
5358	counties crossed by the proposed alternate corridor and comply
5359	with the content, size, and map requirements set forth in this
5360	section paragraph (1)(a).
5361	(d)  The notice of the alternate corridor proposal must be
5362	published not less than 45 50 days before the rescheduled
5363	certification hearing.
5364	(3)  The department shall arrange for the publication of
5365	the following notices in the manner specified by chapter 120:
5366	(a)  The notice of the filing of an application and the
5367	date by which a person intending to become a party must file a
5368	petition to intervene or a notice of intent to be a party. The
5369	notice must be published no later than 21 days after the
5370	application has been filed.
5371	(b)  The notice of any administrative hearing for
5372	certification, if applicable. The notice must be published not
5373	less than 65 days before the date set for a hearing, except that
5374	notice for a rescheduled certification hearing after acceptance
5375	of an alternative corridor must be published not less than 50
5376	days before the date set for the hearing.
5377	(c)  The notice of the cancellation of a certification
5378	hearing under s. 403.527(6), if applicable. The notice must be
5379	published not later than 7 days before the date of the
5380	originally scheduled certification hearing.
5381	(d)  The notice of the deferment of the certification
5382	hearing due to the acceptance of an alternate corridor under s.
5383	403.5271(1)(b)2. The notice must be published at least 7 days
5384	before the date of the originally scheduled certification
5385	hearing.
5386	(e)(d)  The notice of the hearing before the siting board,
5387	if applicable.
5388	(f)(e)  The notice of stipulations, proposed agency action,
5389	or a petition for modification.
5390	(4)  A local government or regional planning council that
5391	proposes to conduct an informational public meeting pursuant to
5392	s. 403.5272 must publish notice of the meeting in a newspaper of
5393	general circulation within the county or counties in which the
5394	proposed electrical transmission line will be located no later
5395	than 7 days prior to the meeting. A newspaper of general
5396	circulation shall be the newspaper that has the largest daily
5397	circulation in that county and has its principal office in that
5398	county. If the newspaper with the largest daily circulation has
5399	its principal office outside the county, the notices shall
5400	appear in both the newspaper having the largest circulation in
5401	that county and in a newspaper authorized to publish legal
5402	notices in that county.
5403	(5)(a)  A good faith effort shall be made by the applicant
5404	to provide direct notice of the filing of an application for
5405	certification by United States mail or hand delivery no later
5406	than 45 days after filing of the application to all local
5407	landowners whose property, as noted in the most recent local
5408	government tax records, and residences are located within one-
5409	quarter mile of the proposed boundaries of a transmission line
5410	corridor that only includes a transmission line as defined by s.
5411	403.522(22).
5412	(b)  No later than 60 days after the filing of an
5413	application for certification, the applicant shall file a list
5414	with the department's Siting Coordination Office of landowners
5415	and residences that were notified.
5416	(6)(a)  A good faith effort shall be made by the proponent
5417	of an alternate corridor that includes a transmission line, as
5418	defined by s. 403.522(22), to provide direct notice of the
5419	filing of an alternate corridor for certification by United
5420	States mail or hand delivery of the filing no later than 30 days
5421	after filing of the alternate corridor to all local landowners
5422	whose property, as noted in the most recent local government tax
5423	records, and residences are located within one-quarter mile of
5424	the proposed boundaries of a transmission line corridor that
5425	includes a transmission line as defined by s. 403.522(22).
5426	(b)  No later than 45 days after the filing of an alternate
5427	corridor for certification, the proponent of an alternate
5428	corridor shall file a list with the department's Siting
5429	Coordination Office of landowners and residences that were
5430	notified.
5431	Section 90.  Paragraphs (d) and (e) of subsection (1) of
5432	section 403.5365, Florida Statutes, are amended to read:
5433	403.5365  Fees; disposition.--The department shall charge
5434	the applicant the following fees, as appropriate, which, unless
5435	otherwise specified, shall be paid into the Florida Permit Fee
5436	Trust Fund:
5437	(1)  An application fee.
5438	(d)1.  Upon written request with proper itemized accounting
5439	within 90 days after final agency action by the siting board or
5440	the department or the written notification of the withdrawal of
5441	the application, the agencies that prepared reports under s.
5442	403.526 or s. 403.5271 or participated in a hearing under s.
5443	403.527 or s. 403.5271 may submit a written request to the
5444	department for reimbursement of expenses incurred during the
5445	certification proceedings. The request must contain an
5446	accounting of expenses incurred, which may include time spent
5447	reviewing the application, preparation of any studies required
5448	of the agencies by this act, agency travel and per diem to
5449	attend any hearing held under this act, and for the local
5450	government or regional planning council providing additional
5451	notice of the informational public meeting. The department shall
5452	review the request and verify whether a claimed expense is
5453	valid. Valid expenses shall be reimbursed; however, if the
5454	amount of funds available for reimbursement is insufficient to
5455	provide for full compensation to the agencies, reimbursement
5456	shall be on a prorated basis.
5457	2.  If the application review is held in abeyance for more
5458	than 1 year, the agencies may submit a request for reimbursement
5459	under subparagraph 1. This time period shall be measured from
5460	the date the applicant has provided written notification to the
5461	department that it desires to have the application review
5462	process placed on hold. The fee disbursement shall be processed
5463	in accordance with subparagraph 1.
5464	(e)  If any sums are remaining, the department shall retain
5465	them for its use in the same manner as is otherwise authorized
5466	by this section; however, if the certification application is
5467	withdrawn, the remaining sums shall be refunded to the applicant
5468	within 90 days after submittal of the written notification of
5469	withdrawal.
5470	Section 91.  Section 403.7055, Florida Statutes, is created
5471	to read:
5472	403.7055  Methane capture.--
5473	(1)  Each county is encouraged to form multicounty regional
5474	solutions to the capture and reuse or sale of methane gas from
5475	landfills and wastewater treatment facilities.
5476	(2)  The department shall provide planning guidelines and
5477	technical assistance to each county to develop and implement
5478	such multicounty efforts.
5479	Section 92. Section 403.7032, Florida Statutes, is created
5480	to read
5481	403.7032  Recycling.--
5482	(1)  The Legislature finds that the failure or inability to
5483	economically recover material and energy resources from solid
5484	waste results in the unnecessary waste and depletion of our
5485	natural resources. As the state continues to grow, so will the
5486	potential amount of discarded material that must be treated and
5487	disposed of, necessitating the improvement of solid waste
5488	collection and disposal. Therefore, the maximum recycling and
5489	reuse of such resources are considered high-priority goals of
5490	the state.
5491	(2)  By the year 2020, the long-term goal for the recycling
5492	efforts of state and local governmental entities, private
5493	companies and organizations, and the general public is to reduce
5494	the amount of recyclable solid waste disposed of in waste
5495	management facilities, landfills, or incineration facilities by
5496	a statewide average of at least 75 percent. However, any solid
5497	waste used for the production of renewable energy shall count
5498	toward the long term recycling goal as set forth in this
5499	section.
5500	(3)  The Department of Environmental Protection shall
5501	develop a comprehensive recycling program that is designed to
5502	achieve the percentage under subsection (2) and submit the
5503	program to the President of the Senate and the Speaker of the
5504	House of Representatives by January 1, 2010. The program may not
5505	be implemented until approved by the Legislature. The program
5506	must be developed in coordination with input from state and
5507	local entities, private businesses, and the public. Under the
5508	program, recyclable materials shall include, but are not limited
5509	to, metals, paper, glass, plastic, textile, rubber materials,
5510	and mulch. Components of the program shall include, but are not
5511	limited to:
5512	(a)  Programs to identify environmentally preferable
5513	purchasing practices to encourage the purchase of recycled,
5514	durable, and less toxic goods.
5515	(b)  Programs to educate students in grades K-12 in the
5516	benefits of, and proper techniques for, recycling.
5517	(c)  Programs for statewide recognition of successful
5518	recycling efforts by schools, businesses, public groups, and
5519	private citizens.
5520	(d)  Programs for municipalities and counties to develop
5521	and implement efficient recycling efforts to return valuable
5522	materials to productive use, conserve energy, and protect
5523	natural resources.
5524	(e)  Programs by which the department can provide technical
5525	assistance to municipalities and counties in support of their
5526	recycling efforts.
5527	(f)  Programs to educate and train the public in proper
5528	recycling efforts;
5529	(g)  Evaluation of how financial assistance can best be
5530	provided to municipalities and counties in support of their
5531	recycling efforts.
5532	(h)  Evaluation of why existing waste management and
5533	recycling programs in the state have not been better used.
5534	Section 93.  Section 403.7033, Florida Statutes, is created
5535	to read:
5536	403.7033  Departmental analysis of particular recyclable
5537	materials.--The Legislature finds that prudent regulation of
5538	recyclable materials is crucial to the ongoing welfare of
5539	Florida's ecology and economy. As such, the Department of
5540	Environmental Protection shall undertake an analysis of the need
5541	for new or different regulation of auxiliary containers,
5542	wrappings, or disposable plastic bags used by consumers to carry
5543	products from retail establishments. The analysis shall include
5544	input from state and local government agencies, stakeholders,
5545	private businesses, and citizens, and shall evaluate the
5546	efficacy and necessity of both statewide and local regulation of
5547	these materials. To ensure consistent and effective
5548	implementation, the department shall submit a report with
5549	conclusions and recommendations to the Legislature no later than
5550	February 1, 2010. Until such time that the Legislature adopts
5551	the recommendations of the department, no local government,
5552	local governmental agency, or state government agency may enact
5553	any rule, regulation, or ordinance regarding use, disposition,
5554	sale, prohibition, restriction, or tax of such auxiliary
5555	containers, wrappings, or disposable plastic bags.
5556	Section 94. 403.706  Local government solid waste
5557	responsibilities.--
5558	(2)(a)  Each county shall implement a recyclable materials
5559	recycling program. Counties and municipalities are encouraged to
5560	form cooperative arrangements for implementing recycling
5561	programs.
5562	(b)  Such programs shall be designed to recover a
5563	significant portion of at least four of the following materials
5564	from the solid waste stream prior to final disposal at a solid
5565	waste disposal facility and to offer these materials for
5566	recycling: newspaper, aluminum cans, steel cans, glass, plastic
5567	bottles, cardboard, office paper, and yard trash. Local
5568	governments which operate permitted waste-to-energy facilities
5569	may retrieve ferrous and nonferrous metal as a byproduct of
5570	combustion.
5571	(c)  Local governments are encouraged to separate all
5572	plastics, metal, and all grades of paper for recycling prior to
5573	final disposal and are further encouraged to recycle yard trash
5574	and other mechanically treated solid waste into compost
5575	available for agricultural and other acceptable uses.
5576	(d)  By July 1, 2010, each county shall develop and
5577	implement a plan to achieve a goal to compost is encouraged to
5578	consider plans for composting or mulching of organic materials
5579	that would otherwise be disposed of in a landfill. The goal
5580	shall provide that up to 10 percent and no less than 5 percent
5581	of organic material would be composted within the county and the
5582	municipalities within its boundaries. The department may reduce
5583	or modify the compost goal if the county demonstrates to the
5584	department that achievement of the goal would be impractical
5585	given the county's unique demographic, urban density, or
5586	inability to separate normally compostable material from the
5587	solid waste stream. The composting plan is or mulching plans are
5588	encouraged to address partnership with the private sector.
5589	(e)  Each county is encouraged to consider plans for
5590	mulching organic materials that would otherwise be disposed of
5591	in a landfill. The mulching plans are encouraged to address
5592	partnership with the private sector.
5593	Section 95.  Subsection (6) of section 403.814, Florida
5594	Statutes, is amended to read:
5595	403.814  General permits; delegation.--
5596	(6)  Construction and maintenance of electric transmission
5597	or distribution lines in wetlands by electric utilities, as
5598	defined in s. 366.02, shall be authorized by general permit
5599	provided the following provisions are implemented:
5600	(a)  All permanent fill shall be at grade. Fill shall be
5601	limited to that necessary for the electrical support structures,
5602	towers, poles, guy wires, stabilizing backfill, and at-grade
5603	access roads limited to 20-foot widths; and
5604	(b)  The permittee may utilize access and work areas
5605	limited to the following: a linear access area of up to 25 feet
5606	wide between electrical support structures, an access area of up
5607	to 25 feet wide to electrical support structures from the edge
5608	of the right-of-way, and a work area around the electrical
5609	support structures, towers, poles, and guy wires. These areas
5610	may be cleared to ground, including removal of stumps as
5611	necessary; and
5612	(c)  Vegetation within wetlands may be cut or removed no
5613	lower than the soil surface under the conductor, and 20 feet to
5614	either side of the outermost conductor, while maintaining the
5615	remainder of the project right-of-way within the wetland by
5616	selectively clearing vegetation which has an expected mature
5617	height above 14 feet. Brazilian pepper, Australian pine, and
5618	melaleuca shall be eradicated throughout the wetland portion of
5619	the right-of-way; and
5620	(d)  Erosion control methods shall be implemented as
5621	necessary to ensure that state water quality standards for
5622	turbidity are met. Diversion and impoundment of surface waters
5623	shall be minimized; and
5624	(e)  The proposed construction and clearing shall not
5625	adversely affect threatened and endangered species; and
5626	(f)  The proposed construction and clearing shall not
5627	result in a permanent change in existing ground surface
5628	elevation; and
5629	(g)  Where fill is placed in wetlands, the clearing to
5630	ground of forested wetlands is restricted to 4.0 acres per 10-
5631	mile section of the project, with no more than one impact site
5632	exceeding 0.5 acres. The impact site which exceeds 0.5 acres
5633	shall not exceed 2.0 acres. The total forested wetland clearing
5634	to the ground per 10-mile section shall not exceed 15 acres. The
5635	10-mile sections shall be measured from the beginning to the
5636	terminus, or vice versa, and the section shall not end in a
5637	wetland; and
5638	(h)  The general permit authorized by this subsection shall
5639	not apply in forested wetlands located within 550 feet from the
5640	shoreline of a named water body designated as an Outstanding
5641	Florida Water; and
5642	(i)  This subsection also applies to transmission lines and
5643	appurtenances certified under part II of this chapter. However,
5644	the criteria of the general permit shall not affect the
5645	authority of the siting board to condition certification of
5646	transmission lines as authorized under part II of this chapter.
5647
5648	Maintenance of existing electric lines and clearing of
5649	vegetation in wetlands conducted without the placement of
5650	structures in wetlands or other dredge and fill activities does
5651	not require an individual or general construction permit. For
5652	the purpose of this subsection, wetlands shall mean the landward
5653	extent of waters of the state regulated under s. 403.927 ss.
5654	403.91-403.929 and isolated and nonisolated wetlands regulated
5655	under part IV of chapter 373. The provisions provided in this
5656	subsection apply to the permitting requirements of the
5657	department, any water management district, and any local
5658	government implementing part IV of chapter 373 or part VIII of
5659	this chapter.
5660	Section 96.  Section 489.145, Florida Statutes, is amended
5661	to read:
5662	489.145  Guaranteed energy, water, and wastewater
5663	performance savings contracting.--
5664	(1)  SHORT TITLE.--This section may be cited as the
5665	"Guaranteed Energy, Water, and Wastewater Performance Savings
5666	Contracting Act."
5667	(2)  LEGISLATIVE FINDINGS.--The Legislature finds that
5668	investment in energy, water, and wastewater efficiency and
5669	conservation measures in agency facilities can reduce the amount
5670	of energy and water consumed and wastewater produced and produce
5671	immediate and long-term savings. It is the policy of this state
5672	to encourage each agency agencies to invest in energy, water,
5673	and wastewater efficiency and conservation measures that reduce
5674	energy consumption, produce a cost savings for the agency, and
5675	improve the quality of indoor air in public facilities and to
5676	operate, maintain, and, when economically feasible, build or
5677	renovate existing agency facilities in such a manner as to
5678	minimize energy and water consumption and wastewater production
5679	and maximize energy, water, and wastewater savings. It is
5680	further the policy of this state to encourage agencies to
5681	reinvest any energy savings resulting from energy, water, and
5682	wastewater efficiency and conservation measures in additional
5683	energy, water, and wastewater efficiency and conservation
5684	measures efforts.
5685	(3)  DEFINITIONS.--As used in this section, the term:
5686	(a)  "Agency" means the state, a municipality, or a
5687	political subdivision.
5688	(b)  "Energy, water, and wastewater efficiency and
5689	conservation measure" means a training program incidental to the
5690	contract, facility alteration, or equipment purchase to be used
5691	in new construction, including an addition to an existing
5692	facilities or infrastructure facility, which reduces energy or
5693	water consumption, wastewater production, or energy-related
5694	operating costs and includes, but is not limited to:
5695	1.  Insulation of the facility structure and systems within
5696	the facility.
5697	2.  Storm windows and doors, caulking or weatherstripping,
5698	multiglazed windows and doors, heat-absorbing, or heat-
5699	reflective, glazed and coated window and door systems,
5700	additional glazing, reductions in glass area, and other window
5701	and door system modifications that reduce energy consumption.
5702	3.  Automatic energy control systems.
5703	4.  Heating, ventilating, or air-conditioning system
5704	modifications or replacements.
5705	5.  Replacement or modifications of lighting fixtures to
5706	increase the energy efficiency of the lighting system, which, at
5707	a minimum, must conform to the applicable state or local
5708	building code.
5709	6.  Energy recovery systems.
5710	7.  Cogeneration systems that produce steam or forms of
5711	energy such as heat, as well as electricity, for use primarily
5712	within a facility or complex of facilities.
5713	8.  Energy conservation measures that reduce British
5714	thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
5715	consumed or provide long-term operating cost reductions or
5716	significantly reduce Btu consumed.
5717	9.  Renewable energy systems, such as solar, biomass, or
5718	wind systems.
5719	10.  Devices that reduce water consumption or sewer
5720	charges.
5721	11.  Energy storage systems, such as fuel cells and thermal
5722	storage.
5723	12.  Energy-generating generating technologies, such as
5724	microturbines.
5725	13.  Any other repair, replacement, or upgrade of existing
5726	equipment.
5727	(c)  "Energy, water, or wastewater cost savings" means a
5728	measured reduction in the cost of fuel, energy or water
5729	consumption, wastewater production, and stipulated operation and
5730	maintenance created from the implementation of one or more
5731	energy, water, or wastewater efficiency or conservation measures
5732	when compared with an established baseline for the previous cost
5733	of fuel, energy or water consumption, wastewater production, and
5734	stipulated operation and maintenance.
5735	(d)  "Guaranteed energy, water, and wastewater performance
5736	savings contract" means a contract for the evaluation,
5737	recommendation, and implementation of energy, water, or
5738	wastewater efficiency or conservation measures, which, at a
5739	minimum, shall include:
5740	1.  The design and installation of equipment to implement
5741	one or more of such measures and, if applicable, operation and
5742	maintenance of such measures.
5743	2.  The amount of any actual annual savings that meet or
5744	exceed total annual contract payments made by the agency for the
5745	contract and may include allowable cost avoidance if determined
5746	appropriate by the Chief Financial Officer.
5747	3.  The finance charges incurred by the agency over the
5748	life of the contract.
5749	(e)  "Guaranteed energy, water, and wastewater performance
5750	savings contractor" means a person or business that is licensed
5751	under chapter 471, chapter 481, or this chapter, and is
5752	experienced in the analysis, design, implementation, or
5753	installation of energy, water, and wastewater efficiency and
5754	conservation measures through energy performance contracts.
5755	(f)  "Investment grade energy audit" means a detailed
5756	energy, water, and wastewater audit, along with an accompanying
5757	analysis of proposed energy, water, and wastewater conservation
5758	measures, and their costs, savings, and benefits prior to entry
5759	into an energy savings contract.
5760	(4)  PROCEDURES.--
5761	(a)  An agency may enter into a guaranteed energy, water,
5762	and wastewater performance savings contract with a guaranteed
5763	energy, water, and wastewater performance savings contractor to
5764	significantly reduce energy or water consumption, wastewater
5765	production, or energy-related operating costs of an agency
5766	facility through one or more energy, water, or wastewater
5767	efficiency or conservation measures.
5768	(b)  Before design and installation of energy, water, or
5769	wastewater efficiency and conservation measures, the agency must
5770	obtain from a guaranteed energy, water, and wastewater
5771	performance savings contractor a report that summarizes the
5772	costs associated with the energy, water, or wastewater
5773	efficiency and conservation measures or energy-related
5774	operational cost saving measures and provides an estimate of the
5775	amount of the energy cost savings. The agency and the guaranteed
5776	energy, water, and wastewater performance savings contractor may
5777	enter into a separate agreement to pay for costs associated with
5778	the preparation and delivery of the report; however, payment to
5779	the contractor shall be contingent upon the report's projection
5780	of energy, water, and wastewater cost savings being equal to or
5781	greater than the total projected costs of the design and
5782	installation of the report's energy conservation measures.
5783	(c)  The agency may enter into a guaranteed energy, water,
5784	and wastewater performance savings contract with a guaranteed
5785	energy, water, and wastewater performance savings contractor if
5786	the agency finds that the amount the agency would spend on the
5787	energy, water, and wastewater efficiency and conservation
5788	measures will not likely exceed the amount of the energy cost
5789	savings for up to 20 years from the date of installation, based
5790	on the life cycle cost calculations provided in s. 255.255, if
5791	the recommendations in the report were followed and if the
5792	qualified provider or providers give a written guarantee that
5793	the energy cost savings will meet or exceed the costs of the
5794	system. However, actual computed cost savings must meet or
5795	exceed the estimated cost savings provided in each agency's
5796	program approval. Baseline adjustments used in calculations must
5797	be specified in the contract. The contract may provide for
5798	installment payments for a period not to exceed 20 years.
5799	(d)  A guaranteed energy, water, and wastewater performance
5800	savings contractor must be selected in compliance with s.
5801	287.055; except that if fewer than three firms are qualified to
5802	perform the required services, the requirement for agency
5803	selection of three firms, as provided in s. 287.055(4)(b), and
5804	the bid requirements of s. 287.057 do not apply.
5805	(e)  Before entering into a guaranteed energy, water, and
5806	wastewater performance savings contract, an agency must provide
5807	published notice of the meeting in which it proposes to award
5808	the contract, the names of the parties to the proposed contract,
5809	and the contract's purpose.
5810	(f)  A guaranteed energy, water, and wastewater performance
5811	savings contract may provide for financing, including tax-exempt
5812	financing, by a third party. The contract for third-party third
5813	party financing may be separate from the energy, water, and
5814	wastewater performance contract. A separate contract for third-
5815	party third party financing under this paragraph must include a
5816	provision that the third-party third party financier must not be
5817	granted rights or privileges that exceed the rights and
5818	privileges available to the guaranteed energy, water, and
5819	wastewater performance savings contractor.
5820	(g)  Financing for guaranteed energy, water, and wastewater
5821	performance savings contracts may be provided under the
5822	authority of s. 287.064.
5823	(h)  The Office of the Chief Financial Officer shall review
5824	proposals from state agencies to ensure that the most effective
5825	financing is being used.
5826	(i)  Annually, the agency that has entered into the
5827	contract shall provide the Department of Management Services and
5828	the Chief Financial Officer the measurement and verification
5829	report required by the contract to validate that savings have
5830	occurred.
5831	(j)(g)  In determining the amount the agency will finance
5832	to acquire the energy, water, and wastewater efficiency and
5833	conservation measures, the agency may reduce such amount by the
5834	application of any grant moneys, rebates, or capital funding
5835	available to the agency for the purpose of buying down the cost
5836	of the guaranteed energy, water, and wastewater performance
5837	savings contract. However, in calculating the life cycle cost as
5838	required in paragraph (c), the agency shall not apply any
5839	grants, rebates, or capital funding.
5840	(5)  CONTRACT PROVISIONS.--
5841	(a)  A guaranteed energy, water, and wastewater performance
5842	savings contract must include a written guarantee that may
5843	include, but is not limited to the form of, a letter of credit,
5844	insurance policy, or corporate guarantee by the guaranteed
5845	energy, water, and wastewater performance savings contractor
5846	that annual energy cost savings will meet or exceed the
5847	amortized cost of energy, water, and wastewater efficiency and
5848	conservation measures.
5849	(b)  The guaranteed energy, water, and wastewater
5850	performance savings contract must provide that all payments,
5851	except obligations on termination of the contract before its
5852	expiration, may be made over time, but not to exceed 20 years
5853	from the date of complete installation and acceptance by the
5854	agency, and that the annual savings are guaranteed to the extent
5855	necessary to make annual payments to satisfy the guaranteed
5856	energy, water, and wastewater performance savings contract.
5857	(c)  The guaranteed energy, water, and wastewater
5858	performance savings contract must require that the guaranteed
5859	energy, water, and wastewater performance savings contractor to
5860	whom the contract is awarded provide a 100-percent public
5861	construction bond to the agency for its faithful performance, as
5862	required by s. 255.05.
5863	(d)  The guaranteed energy, water, and wastewater
5864	performance savings contract may contain a provision allocating
5865	to the parties to the contract any annual energy cost savings
5866	that exceed the amount of the energy cost savings guaranteed in
5867	the contract.
5868	(e)  The guaranteed energy, water, and wastewater
5869	performance savings contract shall require the guaranteed
5870	energy, water, and wastewater performance savings contractor to
5871	provide to the agency an annual reconciliation of the guaranteed
5872	energy or associated cost savings. If the reconciliation reveals
5873	a shortfall in annual energy or associated cost savings, the
5874	guaranteed energy, water, and wastewater performance savings
5875	contractor is liable for such shortfall. If the reconciliation
5876	reveals an excess in annual energy cost savings, the excess
5877	savings may be allocated under paragraph (d) but may not be used
5878	to cover potential energy or associated cost savings shortages
5879	in subsequent contract years.
5880	(f)  The guaranteed energy, water, and wastewater
5881	performance savings contract must provide for payments of not
5882	less than one-twentieth of the price to be paid within 2 years
5883	from the date of the complete installation and acceptance by the
5884	agency using straight-line amortization for the term of the
5885	loan, and the remaining costs to be paid at least quarterly, not
5886	to exceed a 20-year term, based on life cycle cost calculations.
5887	(g)  The guaranteed energy, water, and wastewater
5888	performance savings contract may extend beyond the fiscal year
5889	in which it becomes effective; however, the term of any contract
5890	expires at the end of each fiscal year and may be automatically
5891	renewed annually for up to 20 years, subject to the agency
5892	making sufficient annual appropriations based upon continued
5893	realized energy, water, and wastewater savings.
5894	(h)  The guaranteed energy, water, and wastewater
5895	performance savings contract must stipulate that it does not
5896	constitute a debt, liability, or obligation of the state.
5897	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
5898	Department of Management Services, with the assistance of the
5899	Office of the Chief Financial Officer, shall may, within
5900	available resources, provide technical content assistance to
5901	state agencies contracting for energy, water, and wastewater
5902	efficiency and conservation measures and engage in other
5903	activities considered appropriate by the department for
5904	promoting and facilitating guaranteed energy, water, and
5905	wastewater performance contracting by state agencies. The
5906	Department of Management Services shall review the investment-
5907	grade audit for each proposed project and certify that the cost
5908	savings are appropriate and sufficient for the term of the
5909	contract. The Office of the Chief Financial Officer, with the
5910	assistance of the Department of Management Services, shall may,
5911	within available resources, develop model contractual and
5912	related documents for use by state agencies. Prior to entering
5913	into a guaranteed energy, water, and wastewater performance
5914	savings contract, any contract or lease for third-party
5915	financing, or any combination of such contracts, a state agency
5916	shall submit such proposed contract or lease to the Office of
5917	the Chief Financial Officer for review and approval. A proposed
5918	contract or lease shall include:
5919	(a)  Supporting information required by s. 216.023(4)(a)9.
5920	in ss. 287.063(5) and 287.064(11). For contracts approved under
5921	this section, the criteria may, add a minimum, include the
5922	specification of a benchmark cost of capital and minimum real
5923	rate of return on energy, water, or wastewater savings against
5924	which proposals shall be evaluated.
5925	(b)  Documentation supporting recurring funds requirements
5926	in ss. 287.063(5) and 287.064(11).
5927	(c)  Approval by the head of the agency or his or her
5928	designee.
5929	(d)  An agency measurement and verification plan to monitor
5930	cost savings.
5931	(7)  FUNDING SUPPORT.--For purposes of consolidated
5932	financing of deferred payment commodity contracts under this
5933	section by an agency, any such contract must be supported from
5934	available funds appropriated to the agency in an appropriation
5935	category, as defined in chapter 216, that the Chief Financial
5936	Officer has determined is appropriate or that the Legislature
5937	has designated for payment of the obligation incurred under this
5938	section.
5939
5940	The Office of the Chief Financial Officer shall not approve any
5941	contract submitted under this section from a state agency that
5942	does not meet the requirements of this section.
5943	Section 97.  Section 526.201, Florida Statutes, is created
5944	to read:
5945	526.201  Short title.--Sections 526.201-526.207 may be
5946	cited as the "Florida Renewable Fuel Standard Act."
5947	Section 98.  Section 526.202, Florida Statutes, is created
5948	to read:
5949	526.202  Legislative findings.--The Legislature finds it is
5950	vital to the public interest and to the state's economy to
5951	establish a market and the necessary infrastructure for
5952	renewable fuels in this state by requiring that all gasoline
5953	offered for sale in this state include a percentage of
5954	agriculturally derived, denatured ethanol. The Legislature
5955	further finds that the use of renewable fuel reduces greenhouse
5956	gas emissions and dependence on imports of foreign oil, improves
5957	the health and quality of life for Floridians, and stimulates
5958	economic development and the creation of a sustainable industry
5959	that combines agricultural production with state-of-the-art
5960	technology.
5961	Section 99.  Section 526.203, Florida Statutes, is created
5962	to read:
5963	526.203  Renewable fuel standard.--
5964	(1)  DEFINITIONS.--As used in this act:
5965	(a)  "Blender," "importer," "terminal supplier," and
5966	"wholesaler" are defined as provided in s. 206.01.
5967	(b)  "Blended gasoline" means a mixture of 90 to 91 percent
5968	gasoline and 9 to 10 percent fuel ethanol, by volume, that meets
5969	the specifications as adopted by the department. The fuel
5970	ethanol portion may be derived from any agricultural source.
5971	(c)  "Fuel ethanol" means an anhydrous denatured alcohol
5972	produced by the conversion of carbohydrates that meets the
5973	specifications as adopted by the department.
5974	(d)  "Unblended gasoline" means gasoline that has not been
5975	blended with fuel ethanol and that meets the specifications as
5976	adopted by the department.
5977	(2)  FUEL STANDARD.--Beginning December 31, 2010, all
5978	gasoline sold or offered for sale in Florida by a terminal
5979	supplier, importer, blender, or wholesaler shall be blended
5980	gasoline.
5981	(3)  EXEMPTIONS.--The requirements of this act do not apply
5982	to the following:
5983	(a)  Fuel used in aircraft.
5984	(b)  Fuel sold for use in boats and similar watercraft.
5985	(c)  Fuel sold to a blender.
5986	(d)  Fuel sold for use in collector vehicles or vehicles
5987	eligible to be licensed as collector vehicles, off-road
5988	vehicles, motorcycles, or small engines.
5989	(e)  Fuel unable to comply due to requirements of the
5990	United States Environmental Protection Agency.
5991	(f)  Fuel transferred between terminals.
5992	(g)  Fuel exported from the state in accordance with s.
5993	206.052.
5994	(h)  Fuel qualifying for any exemption in accordance with
5995	chapter 206.
5996	(i)  Fuel for a railroad locomotive.
5997	(j)  Fuel for equipment, including vehicle or vessel,
5998	covered by a warranty that would be voided, if explicitly stated
5999	in writing by the vehicle or vessel manufacturer, if the
6000	equipment were to be operated using fuel meeting the
6001	requirements of subsection (2).
6002
6003	All records of sale of unblended gasoline shall include the
6004	following statement: "Unblended gasoline may be sold only for
6005	the purposes authorized under s. 526.203(3), F.S."
6006	(4)  REPORT.--Pursuant to s. 206.43, each terminal
6007	supplier, importer, blender, and wholesaler shall include in its
6008	report to the Department of Revenue the number of gallons of
6009	blended and unblended gasoline sold. The Department of Revenue
6010	shall provide a monthly summary report to the department.
6011	Section 100. Section 526.204, Florida Statutes, is created
6012	to read:
6013	526.204  Waivers and suspensions.--
6014	(1)  If a terminal supplier, importer, blender, or
6015	wholesaler is unable to obtain fuel ethanol or blended gasoline
6016	at the same or lower price as unblended gasoline, then the sale
6017	or delivery of unblended gasoline by the terminal supplier,
6018	importer, blender, or wholesaler shall not be deemed a violation
6019	of this act. The terminal supplier, importer, blender, or
6020	wholesaler shall, upon request of the department, provide the
6021	required documentation regarding the sales transaction and price
6022	of fuel ethanol, blended gasoline, and unblended gasoline to the
6023	department.
6024	(2)  To account for supply disruptions and ensure reliable
6025	supplies of motor fuels in the state, the requirements of this
6026	act shall be suspended when the provisions of s. 252.36(2) in
6027	any area of the state are in effect plus an additional 30 days.
6028	Section 101.  Section 526.205, Florida Statutes, is created
6029	to read:
6030	526.205  Enforcement; extensions.--
6031	(1)  Unless a waiver or suspension pursuant to s. 526.204
6032	applies, or an extension has been granted pursuant to subsection
6033	(3), it shall be unlawful for a terminal supplier, importer,
6034	blender, or wholesaler to sell or distribute, or offer for sale
6035	or distribution, any gasoline which fails to meet the
6036	requirements of this act.
6037	(2)  Upon a determination by the department of a violation
6038	of this act, the department shall enter an order imposing one or
6039	more of the following penalties:
6040	(a)  Issuance of a warning letter.
6041	(b)  Imposition of an administrative fine of not more than
6042	$1,000 per violation for a first-time offender. For a second-
6043	time or repeat offender, or any person who is shown to have
6044	willfully and intentionally violated any provision of this act,
6045	the administrative fine shall not exceed $5,000 per violation.
6046	When imposing any fine under this section, the department shall
6047	consider the monetary benefit to the violator as a result of
6048	noncompliance, whether the violation was committed willfully,
6049	and the compliance record of the violator. All funds recovered
6050	by the department shall be deposited into the General Inspection
6051	Trust Fund.
6052	(3)  Any terminal supplier, importer, blender, or
6053	wholesaler may apply to the department by September 30, 2010,
6054	for an extension of time to comply with the requirements of this
6055	act. The application for an extension must demonstrate that the
6056	applicant has made a good faith effort to comply with the
6057	requirements but has been unable to do so for reasons beyond the
6058	applicant's control, such as delays in receiving governmental
6059	permits. The department shall review each application and make a
6060	determination as to whether the failure to comply was beyond the
6061	control of the applicant. If the department determines that the
6062	applicant made a good faith effort to comply, but was unable to
6063	do so for reasons beyond the applicant's control, the department
6064	shall grant an extension of time determined necessary for the
6065	applicant to comply.
6066	Section 102.  Section 526.206, Florida Statutes, is created
6067	to read:
6068	526.206  Rules.--The Department of Revenue and the
6069	Department of Agriculture and Consumer Services are authorized
6070	to adopt rules pursuant to ss. 120.536(1) and 120.54 to
6071	implement the provisions of this act.
6072	Section 103.  Section 526.207, Florida Statutes, is created
6073	to read:
6074	526.207  Studies and reports.--
6075	(1)  The Florida Energy and Climate Commission shall
6076	conduct a study to evaluate and recommend the life-cycle
6077	greenhouse gas emissions associated with all renewable fuels,
6078	including, but not limited to, biodiesel, renewable diesel,
6079	biobutanol, and ethanol derived from any source. In addition,
6080	the commission shall evaluate and recommend a requirement that
6081	all renewable fuels introduced into commerce in the state, as a
6082	result of the renewable fuel standard, shall reduce the life-
6083	cycle greenhouse gas emissions by an average percentage. The
6084	commission may also evaluate and recommend any benefits
6085	associated with the creation, banking, transfer, and sale of
6086	credits among fuel refiners, blenders, and importers.
6087	(2)  The Florida Energy and Climate Commission shall submit
6088	a report containing specific recommendations to the President of
6089	the Senate and the Speaker of the House of Representatives no
6090	later than December 31, 2010.
6091	Section 104.  Paragraph (a) of subsection (6) of section
6092	553.73, Florida Statutes, is amended to read:
6093	553.73  Florida Building Code.--
6094	(6)(a)  The commission, by rule adopted pursuant to ss.
6095	120.536(1) and 120.54, shall update the Florida Building Code
6096	every 3 years. When updating the Florida Building Code, the
6097	commission shall select the most current version of the
6098	International Building Code, the International Fuel Gas Code,
6099	the International Mechanical Code, the International Plumbing
6100	Code, and the International Residential Code, all of which are
6101	adopted by the International Code Council, and the National
6102	Electrical Code, which is adopted by the National Fire
6103	Protection Association, to form the foundation codes of the
6104	updated Florida Building Code, if the version has been adopted
6105	by the applicable model code entity and made available to the
6106	public at least 6 months prior to its selection by the
6107	commission. The commission shall select the most current version
6108	of the International Energy Conservation Code (IECC) as a
6109	foundation code; however, the IECC shall be modified by the
6110	commission to maintain the overall efficiencies of the Florida
6111	Energy Efficiency Code for Building Construction adopted and
6112	amended pursuant to part IV of this chapter.
6113	Section 105.  Section 553.9061, Florida Statutes, is
6114	created to read:
6115	553.9061  Scheduled increases in thermal efficiency
6116	standards.--
6117	(1)  The purpose of this section is to establish a schedule
6118	of increases in the energy performance of buildings subject to
6119	the Florida Energy Efficiency Code for Building Construction.
6120	The Florida Building Commission shall:
6121	(a)  Include the necessary provisions by the 2010 edition
6122	of the Florida Energy Efficiency Code for Building Construction
6123	to increase the energy performance of new buildings by at least
6124	20 percent as compared to the energy efficiency provisions of
6125	the 2007 Florida Building Code adopted October 31, 2007.
6126	(b)  Increase energy efficiency requirements by the 2013
6127	edition of the Florida Energy Efficiency Code for Building
6128	Construction by at least 30 percent as compared to the energy
6129	efficiency provisions of the 2007 Florida Building Code adopted
6130	October 31, 2007.
6131	(c)  Increase energy efficiency requirements by the 2016
6132	edition of the Florida Energy Efficiency Code for Building
6133	Construction by at least 40 percent as compared to the energy
6134	efficiency provisions of the 2007 Florida Building Code adopted
6135	October 31, 2007.
6136	(d)  Increase energy efficiency requirements by the 2019
6137	edition of the Florida Energy Efficiency Code for Building
6138	Construction by at least 50 percent as compared to the energy
6139	efficiency provisions of the 2007 Florida Building Code adopted
6140	October 31, 2007.
6141	(2)  The Florida Building Commission shall identify within
6142	code support and compliance documentation the specific building
6143	options and elements available to meet the energy performance
6144	goals established in subsection (1).
6145	(3)  The Florida Building Commission shall, prior to
6146	implementing the goals established in subsection (1), adopt by
6147	rule and implement a cost-effectiveness test for proposed
6148	increases in energy efficiency. The cost-effectiveness test
6149	shall measure cost-effectiveness to the average consumer and
6150	shall ensure that energy efficiency increases result in a
6151	positive net financial impact to the average consumer. The rule
6152	shall not become effective until the conclusion of the next
6153	regular session of the Legislature following its adoption.
6154	Section 106.  Subsection (1) of section 553.909, Florida
6155	Statutes, is amended, subsections (3) and (4) are renumbered as
6156	subsections (6) and (7), respectively, and new subsections (3),
6157	(4), and (5) are added to that section, to read:
6158	553.909  Setting requirements for appliances; exceptions.--
6159	(1)  The Florida Energy Efficiency Code for Building
6160	Construction shall set the minimum requirements for commercial
6161	or residential swimming pool pumps, swimming pool water heaters,
6162	and heat traps and thermostat settings for water heaters used to
6163	heat potable water sold for residential use. The code shall
6164	further establish the minimum acceptable standby loss for
6165	electric water heaters and the minimum recovery efficiency and
6166	standby loss for water heaters fueled by natural gas or
6167	liquefied petroleum gas.
6168	(3)  Commercial or residential swimming pool pumps or water
6169	heaters sold after July 1, 2011, shall comply with the
6170	requirements of this subsection. Natural gas pool heaters shall
6171	not be equipped with constantly burning pilots. Heat pump pool
6172	heaters shall have a coefficient of performance at low
6173	temperature of not less than 4.0. The thermal efficiency of gas-
6174	fired pool heaters and oil-fired pool heaters shall not be less
6175	than 80 percent. All pool heaters shall have a readily
6176	accessible on-off switch that is mounted outside the heater and
6177	that allows shutting off the heater without adjusting the
6178	thermostat setting.
6179	(4)  Pool pump motors shall not be split-phase, shaded-
6180	pole, or capacitor start-induction run types. Residential pool
6181	pumps and pool pumps motors with a total horsepower of 1 HP or
6182	more shall have the capability of operating at two or more
6183	speeds with a low speed having a rotation rate that is no more
6184	than one-half of the motor's maximum rotation rate. Residential
6185	pool pump motor controls shall have the capability of operating
6186	the pool pump at a minimum of two speeds. The default
6187	circulation speed shall be the residential filtration speed,
6188	with a higher speed override capability being for a temporary
6189	period not to exceed one normal cycle or 120 minutes, whichever
6190	is less. Except that circulation speed for solar pool heating
6191	systems shall be permitted to run at higher speeds during
6192	periods of usable solar heat gain.
6193	(5)  Portable electric spas standby power shall not be
6194	greater than 5(V2/3) watts where V = the total volume, in
6195	gallons, when spas are measured in accordance with the spa
6196	industry test protocol.
6197	(6)(3)  The Florida Energy Efficiency Code for Building
6198	Construction may include standards for other appliances and
6199	energy-using systems if they are determined by the department to
6200	have a significant impact on the energy use of the building and
6201	if they are cost-effective to the consumer.
6202	(7)(4)  If the provisions of this section are preempted in
6203	part by federal standards, those provisions not preempted shall
6204	apply.
6205	Section 107.  (1)  By July 1, 2009, the Agency for
6206	Enterprise Information Technology shall define objective
6207	standards for:
6208	(a)  Measuring data center energy consumption and
6209	efficiency, including, but not limited to, airflow and cooling,
6210	power consumption and distribution, and environmental control
6211	systems in a data center facility.
6212	(b)  Calculating total cost of ownership of energy-
6213	efficient information technology products, including initial
6214	purchase, installation, ongoing operation and maintenance, and
6215	disposal costs over the life cycle of the product.
6216	(2)  State data centers and computing facilities designated
6217	by the Agency for Enterprise Information Technology shall
6218	evaluate their data center facilities for energy efficiency
6219	using the standards established pursuant to this section.
6220	(a)  Results of these evaluations shall be reported to the
6221	Agency for Enterprise Information Technology, the President of
6222	the Senate, and the Speaker of the House of Representatives.
6223	Reports shall enable the tracking of energy performance over
6224	time and comparisons between facilities.
6225	(b)  By December 31, 2010, and annually thereafter, the
6226	Agency for Enterprise Information Technology shall submit to the
6227	Legislature recommendations for reducing energy consumption and
6228	improving the energy efficiency of state data centers.
6229	(3)  When the total cost of ownership of an energy-
6230	efficient product is less than or equal to the cost of the
6231	existing data center facility or infrastructure, technical
6232	specifications for energy-efficient products should be
6233	incorporated in the plans and processes for replacing,
6234	upgrading, or expanding data center facilities or
6235	infrastructure, including, but not limited to, network, storage,
6236	or computer equipment and software.
6237	Section 108.  Section 1004.648, Florida Statutes, is
6238	created to read:
6239	1004.648  Florida Energy Systems Consortium.--
6240	(1)  There is created the Florida Energy Systems Consortium
6241	to promote collaboration among experts in the State University
6242	System for the purposes of sharing energy-related expertise and
6243	assisting in the development and implementation of a
6244	comprehensive, long-term, environmentally compatible,
6245	sustainable, and efficient energy strategic plan for the state.
6246	(2)  The consortium shall focus on the research and
6247	development of innovative energy systems that will lead to
6248	alternative energy strategies, improved energy efficiencies, and
6249	expanded economic development for the state.
6250	(3)  The consortium shall consist of the University of
6251	Florida, Florida State University, the University of South
6252	Florida, the University of Central Florida, Florida Atlantic
6253	University, Florida International University, Florida
6254	Agricultural and Mechanical University, and Florida Gulf Coast
6255	University.
6256	(4)  The consortium shall be administered at the University
6257	of Florida by a director who shall be appointed by the oversight
6258	board.
6259	(5)  The director, whose office shall be located at the
6260	University of Florida, shall report to the Florida Energy and
6261	Climate Commission created pursuant to s. 377.6015.
6262	(6)  The oversight board shall consist of the Vice
6263	President for Research at each university that is a member of
6264	the consortium.
6265	(7)  In addition to selecting the director, the oversight
6266	board shall be responsible for the technical performance and
6267	financial management of the consortium.
6268	(8)  In performing its responsibilities, the consortium
6269	shall collaborate with the oversight board and may also
6270	collaborate with industry and other affected parties.
6271	(9)  Through collaborative research and development across
6272	the State University System and industry, the goal of the
6273	consortium is to become a world leader in energy research,
6274	education, technology, and energy systems analysis. In so doing,
6275	the consortium shall:
6276	(a)  Coordinate and initiate increased collaborative
6277	interdisciplinary energy research among the universities and the
6278	energy industry.
6279	(b)  Assist in the creation and development of a Florida-
6280	based energy technology industry through efforts that would
6281	expedite commercialization of innovative energy technologies by
6282	taking advantage of the energy expertise within the State
6283	University System, high-technology incubators, industrial parks,
6284	and industry-driven research centers.
6285	(c)  Provide a state resource for objective energy systems
6286	analysis.
6287	(d)  Develop education and outreach programs to prepare a
6288	qualified energy workforce and informed public. Specifically,
6289	the faculty associated with the consortium shall coordinate a
6290	statewide workforce development initiative focusing on college-
6291	level degrees, technician training, and public and commercial
6292	sectors awareness. The consortium shall develop specific
6293	programs targeted at preparing graduates who have a background
6294	in energy, continuing education courses for technical and
6295	nontechnical professionals, and modules, laboratories, and
6296	courses to be shared among the universities. Additionally, the
6297	consortium shall work with the Florida Community College System
6298	using the Florida Advanced Technological Education Center for
6299	the coordination and design of industry-specific training
6300	programs for technicians.
6301	(10)  The consortium shall solicit and leverage state,
6302	federal, and private funds for the purpose of conducting
6303	education, research, and development in the area of sustainable
6304	energy.
6305	(11)  The oversight board, in consultation with the Florida
6306	Energy and Climate Commission, shall ensure that the consortium:
6307	(a)  Maintains accurate records of any funds received by
6308	the consortium.
6309	(b)  Meets financial and technical performance
6310	expectations, which may include external technical reviews as
6311	required.
6312	(12)  The oversight board and the Florida Energy and
6313	Climate Commission shall constitute the steering committee which
6314	shall be responsible for establishing and assuring the success
6315	of the consortium's mission under subsection (9).
6316	(13)  By November 1 of each year, the consortium shall
6317	submit an annual report to the Governor, the President of the
6318	Senate, the Speaker of the House of Representatives, and the
6319	Florida Energy and Climate Commission regarding its activities
6320	including, but not limited to, education, research, development,
6321	and deployment of alternative energy technologies.
6322	Section 109.  Woody biomass economic study.--The Department
6323	of Agriculture and Consumer Services, in conjunction with the
6324	Department of Environmental Protection, shall conduct an
6325	economic impact analysis on the effects of granting financial
6326	incentives to energy producers who use woody biomass as fuel,
6327	including an analysis of effects on wood supply and prices and
6328	impacts on current markets and forest sustainability. The
6329	departments shall prepare and submit a report on the results of
6330	the analysis to the Governor, the President of the Senate, and
6331	the Speaker of the House of Representatives no later than March
6332	1, 2010.
6333	Section 110.  The Public Service Commission shall analyze
6334	utility revenue decoupling and provide a report and
6335	recommendations to the Governor, the President of the Senate,
6336	and the Speaker of the House of Representatives by January 1,
6337	2009.
6338	Section 111. Section 377.901, Florida Statutes, is
6339	repealed.
6340	Section 112.  Except as otherwise expressly provided in
6341	this act, this act shall take effect July 1, 2008.

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