Florida Senate - 2009 CS for CS for SB 1154
By the Committees on Environmental Preservation and
Conservation; and Communications, Energy, and Public Utilities;
and Senator King
592-04375-09 20091154c2
1 A bill to be entitled
2 An act relating to energy; amending s. 366.92, F.S.;
3 revising definitions and providing additional
4 definitions; requiring that electric utilities meet or
5 exceed specified standards for the production or
6 purchase of clean energy; establishing a schedule for
7 compliance; providing a penalty if a utility fails to
8 meet the standards; authorizing the Public Service
9 Commission to excuse certain electric utilities from
10 compliance under specified conditions; requiring the
11 commission to adopt rules; requiring an annual report
12 to the Legislature; amending s. 366.93, F.S.;
13 authorizing the Public Service Commission to allow a
14 utility to recover the costs of converting an existing
15 fossil fuel plant to a biomass plant under certain
16 conditions; encouraging utilities to pursue joint
17 ownership of nuclear power plants; requiring that
18 certain costs be shared; creating s. 366.99, F.S.;
19 providing a short title; providing legislative
20 findings with respect to the need to reduce greenhouse
21 gas emissions through the direct end-use of natural
22 gas; defining terms; authorizing a utility to
23 establish a surcharge for the purpose of constructing
24 natural gas installations in areas that lack natural
25 gas service; providing limitations on the surcharge;
26 providing procedures for determining the surcharge and
27 making filings to the commission; requiring the
28 commission to conduct limited proceedings to determine
29 the amount of the surcharge; providing for future
30 expiration of provisions authorizing the surcharge;
31 amending s. 377.6015, F.S.; providing that terms for
32 members of the Florida Energy and Climate Commission
33 begin and end on specified dates; amending s. 403.503,
34 F.S.; revising the definition of “electrical power
35 plant”; amending s. 525.09, F.S.; imposing a fee on
36 alternative fuel containing alcohol; requiring the
37 Florida Energy and Climate Commission to prepare a
38 report that identifies ways in which to increase the
39 energy-efficiency practices of low-income households;
40 requiring the report to include certain determinations
41 and recommendations; requiring that the report be
42 submitted to the Legislature by a specified date;
43 providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Section 366.92, Florida Statutes, is amended to
48 read:
49 366.92 Florida clean renewable energy policy.—
50 (1) It is the intent of the Legislature to promote the
51 development of clean and renewable energy; protect the economic
52 viability of Florida’s existing renewable energy facilities;
53 diversify the types of fuel used to generate electricity in
54 Florida; lessen Florida’s dependence on natural gas and fuel oil
55 for the production of electricity; minimize the volatility of
56 fuel costs; encourage investment within the state; improve
57 environmental conditions; and, at the same time, minimize the
58 costs of power supply to electric utilities and their customers.
59 (2) As used in this section, the term:
60 (a) “Class I clean energy source” means Florida clean
61 energy resources derived from wind or solar photovoltaic
62 systems.
63 (b) “Class II clean energy source” means clean energy
64 derived from Florida clean energy resources other than class I
65 clean energy sources or class III clean energy sources.
66 (c) “Class III clean energy source” means clean energy
67 derived from nuclear energy or integrated gasification combined
68 cycle for which carbon capture and sequestration plans have been
69 approved by the Department of Environmental Protection.
70 (d) “Clean energy” means electrical energy produced from a
71 method that uses one or more of the following fuels or energy
72 sources: nuclear energy placed in commercial service after July
73 1, 2009, integrated gasification combined cycle for which carbon
74 capture and sequestration plans have been approved by the
75 Department of Environmental Protection, hydrogen produced from
76 sources other than fossil fuels, biomass, solar photovoltaic,
77 geothermal energy, wind energy, ocean energy, or hydroelectric
78 power. The term includes waste heat from sulfuric acid
79 manufacturing operations.
80 (e)(a) “Florida clean renewable energy resources” means
81 clean renewable energy, as defined in s. 377.803, that is
82 produced in Florida.
83 (f)(b) “Provider” means a “utility” as defined in s.
84 366.8255(1)(a).
85 (c) “Renewable energy” means renewable energy as defined in
86 s. 366.91(2)(d).
87 (g)(d) “Clean Renewable energy credit” or “REC” means a
88 product that represents the unbundled, separable, clean
89 renewable attribute of clean renewable energy produced in
90 Florida and is equivalent to 1 megawatt-hour of electricity
91 generated by a source of clean renewable energy located in
92 Florida.
93 (h)(e) “Clean Renewable portfolio standard” or “RPS” means
94 the minimum percentage of total annual retail electricity sales
95 by an electric utility a provider to consumers in Florida which
96 is that shall be supplied by clean renewable energy or through
97 the purchase of clean energy credits from clean energy produced
98 in Florida.
99 (3)(a) Each electric utility must meet or exceed the
100 following clean portfolio standards through the production of
101 clean energy or the purchase of clean energy credits:
102 1. By January 1, 2013, 7 percent of the previous years’
103 retail electricity sales;
104 2. By January 1, 2016, 12 percent of the previous years’
105 retail electricity sales;
106 3. By January 1, 2019, 18 percent of the previous years’
107 retail electricity sales; and
108 4. By January 1, 2021, 20 percent of the previous years’
109 retail electricity sales.
110
111 No more than 25 percent of the amount of the clean portfolio
112 standard requirement for each year may be from Class III clean
113 energy sources. For the production or procurement of Class III
114 clean energy, a Florida utility that is a member of the
115 Southeastern Electric Reliability Council may co-own or purchase
116 energy from a Class III clean energy source located in another
117 state and owned by an affiliate in a holding company with multi
118 state dispatch.
119 (b) Except as otherwise provided in this section, an
120 investor-owned electric utility that fails to meet or exceed its
121 clean portfolio standard is subject to a penalty pursuant to s.
122 366.095 for each day such failure continues, and the penalty may
123 not be recovered from the utility’s ratepayers. No electric
124 utility shall be required to produce or purchase any Class III
125 clean energy, nor be fined or deemed imprudent for not acquiring
126 any energy from a Class III clean energy source in order to
127 achieve the clean energy standards provided in this section.
128 (c) The commission shall excuse an investor-owned electric
129 utility from compliance with the clean portfolio standard if:
130 1. The supply of clean energy and clean energy credits is
131 not adequate to satisfy the clean portfolio standard; or
132 2. The cost of producing clean energy or purchasing clean
133 energy credits is prohibitive in that the total costs of
134 compliance with the clean portfolio standard exceeds 2 percent
135 of the investor-owned electric utility’s total annual revenue
136 from retail sales of electricity.
137 (d) The cost of compliance with the clean portfolio
138 standards includes:
139 1. The costs associated with the purchase of clean energy
140 credits;
141 2. The costs paid by the utility which are associated with
142 the clean energy credit market; and
143 3. The utility’s costs of its self-build Florida clean
144 energy resource which exceed the costs to the utility of the
145 generation source it would have otherwise built or the energy or
146 capacity, or both, it would have purchased from another source.
147
148 Expenses for Class III clean energy sources may not be included
149 in calculating the cost of compliance.
150 (e) The cost of compliance must be allocated separately for
151 Class I and Class II clean energy sources and, for each class,
152 the total cost of compliance is prohibitive if the costs exceed
153 1 percent of the investor-owned electric utility’s total annual
154 revenue from retail sales of electricity.
155 (f) Each investor-owned electric utility seeking to
156 construct a Florida clean energy project must select the
157 technology and project most likely to be cost-effective for the
158 general body of ratepayers for that class of clean energy
159 technology. In determining the most cost-effective construction
160 option and in purchasing clean energy credits, an investor-owned
161 utility shall seek the least-cost alternatives within each class
162 of clean energy sources. The method of determining the least
163 cost alternative shall be determined by the commission and may
164 include requests for proposals, auctions, or other methods.
165 (g) A clean energy credit remains the property of the owner
166 of the clean energy resource from which it was derived until it
167 is sold or transferred.
168 (4)(3) The commission shall adopt rules providing
169 requirements for:
170 (a) Implementing the clean a renewable portfolio standard.
171 (b) Determining the method of establishing least-cost
172 options for the construction of facilities or the purchase of
173 clean energy credits.
174 (c) Determining what entities are eligible to produce clean
175 energy credits.
176 (d) Determining the method of recovery of the costs of
177 compliance with the clean portfolio standard, with such costs
178 appearing as a separate line item on each customer’s bill.
179 (e) Filing reports concerning compliance by utilities with
180 the clean portfolio standard.
181 (f) Creating a clean energy credit market requiring each
182 provider to supply renewable energy to its customers directly,
183 by procuring, or through renewable energy credits. In developing
184 the RPS rule, the commission shall consult the Department of
185 Environmental Protection and the Florida Energy and Climate
186 Commission. The rule shall not be implemented until ratified by
187 the Legislature. The commission shall present a draft rule for
188 legislative consideration by February 1, 2009.
189 (a) In developing the rule, the commission shall evaluate
190 the current and forecasted levelized cost in cents per kilowatt
191 hour through 2020 and current and forecasted installed capacity
192 in kilowatts for each renewable energy generation method through
193 2020.
194 (b) The commission’s rule:
195 1. Shall include methods of managing the cost of compliance
196 with the renewable portfolio standard, whether through direct
197 supply or procurement of renewable power or through the purchase
198 of renewable energy credits. The commission shall have
199 rulemaking authority for providing annual cost recovery and
200 incentive-based adjustments to authorized rates of return on
201 common equity to providers to incentivize renewable energy.
202 Notwithstanding s. 366.91(3) and (4), upon the ratification of
203 the rules developed pursuant to this subsection, the commission
204 may approve projects and power sales agreements with renewable
205 power producers and the sale of renewable energy credits needed
206 to comply with the renewable portfolio standard. In the event of
207 any conflict, this subparagraph shall supersede s. 366.91(3) and
208 (4). However, nothing in this section shall alter the obligation
209 of each public utility to continuously offer a purchase contract
210 to producers of renewable energy.
211 2. Shall provide for appropriate compliance measures and
212 the conditions under which noncompliance shall be excused due to
213 a determination by the commission that the supply of renewable
214 energy or renewable energy credits was not adequate to satisfy
215 the demand for such energy or that the cost of securing
216 renewable energy or renewable energy credits was cost
217 prohibitive.
218 3. May provide added weight to energy provided by wind and
219 solar photovoltaic over other forms of renewable energy, whether
220 directly supplied or procured or indirectly obtained through the
221 purchase of renewable energy credits.
222 4. Shall determine an appropriate period of time for which
223 renewable energy credits may be used for purposes of compliance
224 with the renewable portfolio standard.
225 5. Shall provide for monitoring of compliance with and
226 enforcement of the requirements of this section.
227 6. Shall ensure that energy credited toward compliance with
228 the requirements of this section is not credited toward any
229 other purpose.
230 7. Shall include procedures to track and account for
231 renewable energy credits, including ownership of renewable
232 energy credits that are derived from a customer-owned renewable
233 energy facility as a result of any action by a customer of an
234 electric power supplier that is independent of a program
235 sponsored by the electric power supplier.
236 8. Shall provide for the conditions and options for the
237 repeal or alteration of the rule in the event that new
238 provisions of federal law supplant or conflict with the rule.
239 (c) Beginning on April 1 of the year following final
240 adoption of the commission’s renewable portfolio standard rule,
241 each provider shall submit a report to the commission describing
242 the steps that have been taken in the previous year and the
243 steps that will be taken in the future to add renewable energy
244 to the provider’s energy supply portfolio. The report shall
245 state whether the provider was in compliance with the renewable
246 portfolio standard during the previous year and how it will
247 comply with the renewable portfolio standard in the upcoming
248 year.
249 (5) By February 1, 2010, and each year thereafter, the
250 commission shall submit a report to the Legislature detailing
251 further rulemaking activities, developments in the production of
252 clean energy, how much and what types of clean energy are
253 available in various regions of the state and at what cost, and
254 any impediments to further increases in the production of clean
255 energy in this state.
256 (6)(4) In order to demonstrate the feasibility and
257 viability of clean energy systems, the commission shall provide
258 for full cost recovery under the environmental cost-recovery
259 clause of all reasonable and prudent costs incurred by a
260 provider for renewable energy projects that are zero greenhouse
261 gas emitting at the point of generation, up to a total of 110
262 megawatts statewide, and for which the provider has secured
263 necessary land, zoning permits, and transmission rights within
264 the state. Such costs shall be deemed reasonable and prudent for
265 purposes of cost recovery so long as the provider has used
266 reasonable and customary industry practices in the design,
267 procurement, and construction of the project in a cost-effective
268 manner appropriate to the location of the facility. The provider
269 shall report to the commission as part of the cost-recovery
270 proceedings the construction costs, in-service costs, operating
271 and maintenance costs, hourly energy production of the renewable
272 energy project, and any other information deemed relevant by the
273 commission. Any provider constructing a clean energy facility
274 pursuant to this section shall file for cost recovery no later
275 than July 1, 2009.
276 (7)(5) Each municipal electric utility and rural electric
277 cooperative shall develop standards for the promotion,
278 encouragement, and expansion of the use of renewable energy
279 resources and energy conservation and efficiency measures. On or
280 before April 1, 2009, and annually thereafter, each municipal
281 electric utility and electric cooperative shall submit to the
282 commission a report that identifies such standards.
283 (8)(6) Nothing in This section does not shall be construed
284 to impede or impair terms and conditions of existing contracts.
285 (9)(7) The commission may adopt rules to administer and
286 implement the provisions of this section.
287 Section 2. Subsection (4) of section 366.93, Florida
288 Statutes, is amended, and subsection (7) is added to that
289 section, to read:
290 366.93 Cost recovery for the siting, design, licensing, and
291 construction of nuclear and integrated gasification combined
292 cycle power plants.—
293 (4) When the nuclear or integrated gasification combined
294 cycle power plant is placed in commercial service, the utility
295 shall be allowed to increase its base rate charges by the
296 projected annual revenue requirements of the nuclear or
297 integrated gasification combined cycle power plant based on the
298 jurisdictional annual revenue requirements of the plant for the
299 first 12 months of operation. The rate of return on capital
300 investments shall be calculated using the utility’s rate of
301 return last approved by the commission prior to the commercial
302 inservice date of the nuclear or integrated gasification
303 combined cycle power plant. If any existing generating plant is
304 retired as a result of operation of the nuclear or integrated
305 gasification combined cycle power plant, the commission shall
306 allow for the recovery, through an increase in base rate
307 charges, of the net book value of the retired plant over a
308 period not to exceed 5 years or, if the commission determines
309 that it would be more cost-effective to convert the existing
310 generating plant to a biomass plant, allow for the recovery of
311 the costs of conversion in base rate charges over a period that
312 is determined by the commission.
313 (7) In order to further promote the development of nuclear
314 electrical generation and minimize the financial risk to any one
315 utility associated with the construction of a nuclear power
316 plant, electric utilities in this state are encouraged to pursue
317 the joint ownership of nuclear power plants.
318 Section 3. Section 366.99, Florida Statutes, is created to
319 read:
320 366.99 Natural gas delivery; surcharge for carbon
321 reduction.—
322 (1) This section may be cited as the “Natural Gas Act.”
323 (2) It is the intent of the Legislature to promote the
324 expanded direct end use of natural gas for its inherent energy
325 efficiency and environmental benefits.
326 (3) As used in this section, the term “eligible
327 installations” means natural gas utility facilities that:
328 (a) Connect supply sources of natural gas to a distribution
329 system that serves primarily residential customers;
330 (b) Are in service and used and useful in providing utility
331 service;
332 (c) Were not included in the utility’s rate base for
333 purposes of determining the utility’s base rate in the most
334 recent general base-rate proceedings; and
335 (d) Consist of mains that are greater than or equal to 4
336 inches in diameter or that are certified to operate at a maximum
337 allowable operating pressure greater than 60 pounds per square
338 inch gauge, together with associated valves, regulator stations,
339 vaults, transmission line taps, and other pipeline system
340 components.
341 (4) Notwithstanding any provision in this chapter or rule
342 to the contrary, a public utility, as defined in s. 366.02,
343 which is providing natural gas service may petition the
344 commission to establish or modify a carbon-reduction surcharge
345 to be used to construct eligible installations in areas of this
346 state which are unserved or underserved with natural gas
347 service. The surcharge shall be recovered through a cost
348 recovery clause, separate and distinct from a utility’s base
349 rates, using the same allocation methodology applicable to the
350 utility’s recovery of costs recoverable pursuant to the Energy
351 Conservation Cost Recovery Rule, rule 25-17.015, Florida
352 Administrative Code. The surcharge is to recover the utility’s
353 revenue requirement relevant to construction of the eligible
354 installations and shall be in the amount of the pretax revenues
355 equal to:
356 (a) The utility’s weighted average cost of capital allowed
357 in the most recent rate proceeding multiplied by the 13-month
358 average net book value of eligible installations, including
359 recognition of accumulated depreciation associated with eligible
360 installations;
361 (b) State, federal, and local income taxes;
362 (c) Ad valorem taxes; and
363 (d) Depreciation expenses on eligible installations.
364 (5) When a petition is filed by a utility, the commission
365 shall conduct a limited proceeding and determine the utility’s
366 revenue requirements and the surcharge to be charged in the
367 following year.
368 (6) The petition must contain:
369 (a) An estimation of the utility’s revenue requirements and
370 carbon-reduction surcharge collections for the following year.
371 (b) If a carbon-reduction surcharge has previously been
372 established, an annual true-up filing showing the actual
373 eligible installation costs and actual carbon-reduction
374 surcharge revenues for the most recent 12-month period from
375 January 1 through December 31 which ends before the annual
376 petition filing, including a comparison of the actual eligible
377 installation costs and carbon-reduction surcharge revenues to
378 the estimated total eligible installation costs and carbon
379 reduction surcharge revenues previously reported for the same
380 period. The filing shall also include the over-or-under recovery
381 of total carbon-reduction surcharge revenue requirements for the
382 true-up period.
383 (7) The utility shall establish separate accounts or
384 subaccounts for each eligible installation for purposes of
385 recording the costs incurred for each project. The utility shall
386 also establish a separate account or subaccount for any revenues
387 derived from specific carbon-reduction surcharges.
388 (8) An eligible installation shall be included for the
389 purposes of calculating revenue requirements for no more than 5
390 years.
391 (9) The total amount of carbon-reduction surcharge revenue
392 in effect in any 1 year may not exceed 2 percent of the
393 utility’s total annual nonfuel revenue for the previous year.
394 (10) This section expires December 31, 2014, unless
395 reviewed and reenacted by the Legislature before that date.
396 However, the procedures and other applicable provisions in this
397 section and the carbon-reduction surcharges approved pursuant to
398 this section shall remain in effect for the full term of all
399 eligible installations approved by the commission before
400 December 31, 2014.
401 Section 4. Paragraph (a) of subsection (1) of section
402 377.6015, Florida Statutes, is amended to read:
403 377.6015 Florida Energy and Climate Commission.—
404 (1) The Florida Energy and Climate Commission is created
405 within the Executive Office of the Governor. The commission
406 shall be comprised of nine members appointed by the Governor,
407 the Commissioner of Agriculture, and the Chief Financial
408 Officer.
409 (a) The Governor shall appoint one member from three
410 persons nominated by the Florida Public Service Commission
411 Nominating Council, created in s. 350.031, to each of seven
412 seats on the commission. The Commissioner of Agriculture shall
413 appoint one member from three persons nominated by the council
414 to one seat on the commission. The Chief Financial Officer shall
415 appoint one member from three persons nominated by the council
416 to one seat on the commission.
417 1. The council shall submit the recommendations to the
418 Governor, the Commissioner of Agriculture, and the Chief
419 Financial Officer by September 1 of those years in which the
420 terms are to begin the following October or within 60 days after
421 a vacancy occurs for any reason other than the expiration of the
422 term. The Governor, the Commissioner of Agriculture, and the
423 Chief Financial Officer may proffer names of persons to be
424 considered for nomination by the council.
425 2. The Governor, the Commissioner of Agriculture, and the
426 Chief Financial Officer shall fill a vacancy occurring on the
427 commission by appointment of one of the applicants nominated by
428 the council only after a background investigation of such
429 applicant has been conducted by the Department of Law
430 Enforcement.
431 3. Members shall be appointed to 3-year terms; however, in
432 order to establish staggered terms, for the initial
433 appointments, the Governor shall appoint four members to 3-year
434 terms, two members to 2-year terms, and one member to a 1-year
435 term, and the Commissioner of Agriculture and the Chief
436 Financial Officer shall each appoint one member to a 3-year term
437 and shall appoint a successor when that appointee’s term expires
438 in the same manner as the original appointment. The terms of
439 members shall begin on October 1 and end on September 30.
440 4. The Governor shall select from the membership of the
441 commission one person to serve as chair.
442 5. A vacancy on the commission shall be filled for the
443 unexpired portion of the term in the same manner as the original
444 appointment.
445 6. If the Governor, the Commissioner of Agriculture, or the
446 Chief Financial Officer has not made an appointment within 30
447 consecutive calendar days after the receipt of the
448 recommendations, the council shall initiate, in accordance with
449 this section, the nominating process within 30 days.
450 7. Each appointment to the commission shall be subject to
451 confirmation by the Senate during the next regular session after
452 the vacancy occurs. If the Senate refuses to confirm or fails to
453 consider the appointment of the Governor, the Commissioner of
454 Agriculture, or the Chief Financial Officer, the council shall
455 initiate, in accordance with this section, the nominating
456 process within 30 days.
457 8. The Governor or the Governor’s successor may recall an
458 appointee.
459 Section 5. Subsection (14) of section 403.503, Florida
460 Statutes, is amended to read:
461 403.503 Definitions relating to Florida Electrical Power
462 Plant Siting Act.—As used in this act:
463 (14) “Electrical power plant” means, for the purpose of
464 certification, any steam or solar electrical generating facility
465 using any process or fuel, including nuclear materials, except
466 that this term does not include any steam or solar electrical
467 generating facility of less than 75 megawatts in capacity unless
468 the applicant for such a facility elects to apply for
469 certification under this act. This term also includes the site;
470 all associated facilities that will be owned by the applicant
471 that are physically connected to the site; all associated
472 facilities that are indirectly connected to the site by other
473 proposed associated facilities that will be owned by the
474 applicant; and associated transmission lines that will be owned
475 by the applicant which connect the electrical power plant to an
476 existing transmission network or rights-of-way to which the
477 applicant intends to connect. At the applicant’s option, this
478 term may include any offsite associated facilities that will not
479 be owned by the applicant; offsite associated facilities that
480 are owned by the applicant but that are not directly connected
481 to the site; any proposed terminal or intermediate substations
482 or substation expansions connected to the associated
483 transmission line; or new transmission lines, upgrades, or
484 improvements of an existing transmission line on any portion of
485 the applicant’s electrical transmission system necessary to
486 support the generation injected into the system from the
487 proposed electrical power plant.
488 Section 6. Subsections (1) and (3) of section 525.09,
489 Florida Statutes, are amended to read:
490 525.09 Inspection fee.—
491 (1) For the purpose of defraying the expenses incident to
492 inspecting, testing, and analyzing petroleum fuels in this
493 state, there shall be paid to the department a charge of one
494 eighth cent per gallon on all gasoline, alternative fuel
495 containing alcohol as defined in s. 525.01(1)(c)1. or 2.,
496 kerosene that is not (except when used as aviation turbine
497 fuel), and #1 fuel oil for sale or use in this state. This
498 inspection fee shall be imposed in the same manner as the motor
499 fuel tax pursuant to s. 206.41. Payment shall be made on or
500 before the 25th day of each month.
501 (3) All remittances to the department for the inspection
502 tax herein provided shall be accompanied by a detailed report
503 under oath showing the number of gallons of gasoline,
504 alternative fuel containing alcohol as defined in s.
505 525.01(1)(c)1. or 2., kerosene, or fuel oil sold and delivered
506 in each county.
507 Section 7. (1) The Florida Energy and Climate Commission
508 shall prepare a report that:
509 (a) Identifies methods of increasing energy-efficiency
510 practices among low-income households as defined in s. 420.9071,
511 Florida Statutes. The commission shall, at a minimum, identify
512 energy-efficiency programs that are currently offered to low
513 income households by community action agencies, community-based
514 organizations, and utility companies in this state and similar
515 programs that are offered to low-income households in other
516 states.
517 (b) Determines the statewide impact of improving the level
518 of the energy efficiency of rental housing stock, including, but
519 not limited to, the environmental benefits of such improvements
520 and the potential fiscal impact with respect to property
521 tenants, owners, and landlords and to the economy. The
522 commission shall consider the relative equity and economic
523 efficiency of the cost-share for such energy-efficiency
524 improvements.
525 (c) Provides recommendations for implementing energy
526 efficiency practices among residents of low-income households.
527 (2) The commission shall submit the report to the President
528 of the Senate and the Speaker of the House of Representatives by
529 December 1, 2009.
530 Section 8. This act shall take effect July 1, 2009.