Amendment
Bill No. CS/CS/HB 167
Amendment No. 037273
CHAMBER ACTION
Senate House
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1Representative Tobia offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 16-37 and insert:
5     Section 1.  State Energy Office.--
6     (1)  There is created within the Executive Office of the
7Governor the State Energy Office. The director of the State
8Energy Office shall be appointed by and shall serve at the
9pleasure of the Governor.
10     (2)  The State Energy Office shall be responsible for
11performing or coordinating the functions of any federal energy
12programs delegated to the state, including energy supply,
13demand, conservation, funding or allocation. To the extent
14necessary, the State Energy Office may adopt rules pursuant to
15ss. 120.536(1) and 120.54 to implement federally delegated
16programs consistent with federal law and program guidance.
17     (3)  The State Energy Office shall serve as professional
18staff to the Florida Energy and Climate Commission pursuant to
19s. 377.6015.
20     (4)  The State Energy Office shall perform such other
21duties as the Executive Office of the Governor shall direct.
22     Section 2.  Subsection (2) of section 377.703, Florida
23Statutes, is amended to read:
24     377.703  Additional functions of the Florida Energy and
25Climate Commission.--
26     (2)  FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.--The
27commission shall perform the following functions consistent with
28the development of a state energy policy:
29     (a)  The commission shall assume the responsibility for
30development of an energy emergency contingency plan to respond
31to serious shortages of primary and secondary energy sources.
32Upon a finding by the Governor, implementation of any emergency
33program shall be upon order of the Governor that a particular
34kind or type of fuel is, or that the occurrence of an event
35which is reasonably expected within 30 days will make the fuel,
36in short supply. The commission shall then respond by
37instituting the appropriate measures of the contingency plan to
38meet the given emergency or energy shortage. The Governor may
39utilize the provisions of s. 252.36(5) to carry out any
40emergency actions required by a serious shortage of energy
41sources.
42     (b)  The commission shall be responsible for performing or
43coordinating the functions of any federal energy programs
44delegated to the state, including energy supply, demand,
45conservation, or allocation.
46     (b)(c)  The commission shall analyze present and proposed
47federal energy programs and make recommendations regarding those
48programs to the Governor and the Legislature.
49     (c)(d)  The commission shall coordinate efforts to seek
50federal support or other support for state energy activities,
51including energy conservation, research, or development, and
52shall be responsible for the coordination of multiagency energy
53conservation programs and plans.
54     (d)(e)  The commission shall analyze energy data collected
55and prepare long-range forecasts of energy supply and demand in
56coordination with the Florida Public Service Commission, which
57shall have responsibility for electricity and natural gas
58forecasts. To this end, the forecasts shall contain:
59     1.  An analysis of the relationship of state economic
60growth and development to energy supply and demand, including
61the constraints to economic growth resulting from energy supply
62constraints.
63     2.  Plans for the development of renewable energy resources
64and reduction in dependence on depletable energy resources,
65particularly oil and natural gas, and an analysis of the extent
66to which renewable energy sources are being utilized in the
67state.
68     3.  Consideration of alternative scenarios of statewide
69energy supply and demand for 5, 10, and 20 years to identify
70strategies for long-range action, including identification of
71potential social, economic, and environmental effects.
72     4.  An assessment of the state's energy resources,
73including examination of the availability of commercially
74developable and imported fuels, and an analysis of anticipated
75effects on the state's environment and social services resulting
76from energy resource development activities or from energy
77supply constraints, or both.
78     (e)(f)  The commission shall submit an annual report to the
79Governor and the Legislature reflecting its activities and
80making recommendations of policies for improvement of the
81state's response to energy supply and demand and its effect on
82the health, safety, and welfare of the people of Florida. The
83report shall include a report from the Florida Public Service
84Commission on electricity and natural gas and information on
85energy conservation programs conducted and underway in the past
86year and shall include recommendations for energy conservation
87programs for the state, including, but not limited to, the
88following factors:
89     1.  Formulation of specific recommendations for improvement
90in the efficiency of energy utilization in governmental,
91residential, commercial, industrial, and transportation sectors.
92     2.  Collection and dissemination of information relating to
93energy conservation.
94     3.  Development and conduct of educational and training
95programs relating to energy conservation.
96     4.  An analysis of the ways in which state agencies are
97seeking to implement s. 377.601(2), the state energy policy, and
98recommendations for better fulfilling this policy.
99     (f)(g)  The commission has authority to adopt rules
100pursuant to ss. 120.536(1) and 120.54 to implement the
101provisions of this act.
102     (g)(h)  The commission shall promote the development and
103use of renewable energy resources, in conformance with the
104provisions of chapter 187 and s. 377.601, by:
105     1.  Establishing goals and strategies for increasing the
106use of solar energy in this state.
107     2.  Aiding and promoting the commercialization of solar
108energy technology, in cooperation with the Florida Solar Energy
109Center, Enterprise Florida, Inc., and any other federal, state,
110or local governmental agency which may seek to promote research,
111development, and demonstration of solar energy equipment and
112technology.
113     3.  Identifying barriers to greater use of solar energy
114systems in this state, and developing specific recommendations
115for overcoming identified barriers, with findings and
116recommendations to be submitted annually in the report to the
117Governor and Legislature required under paragraph (f).
118     4.  In cooperation with the Department of Environmental
119Protection, the Department of Transportation, the Department of
120Community Affairs, Enterprise Florida, Inc., the Florida Solar
121Energy Center, and the Florida Solar Energy Industries
122Association, investigating opportunities, pursuant to the
123National Energy Policy Act of 1992, the Housing and Community
124Development Act of 1992, and any subsequent federal legislation,
125for solar electric vehicles and other solar energy
126manufacturing, distribution, installation, and financing efforts
127which will enhance this state's position as the leader in solar
128energy research, development, and use.
129     5.  Undertaking other initiatives to advance the
130development and use of renewable energy resources in this state.
131
132In the exercise of its responsibilities under this paragraph,
133the commission shall seek the assistance of the solar energy
134industry in this state and other interested parties and is
135authorized to enter into contracts, retain professional
136consulting services, and expend funds appropriated by the
137Legislature for such purposes.
138     (h)(i)  The commission shall promote energy conservation in
139all energy use sectors throughout the state and shall constitute
140the state agency primarily responsible for this function. To
141this end, the commission shall coordinate the energy
142conservation programs of all state agencies and review and
143comment on the energy conservation programs of all state
144agencies.
145     (i)(j)  The commission shall serve as the state
146clearinghouse for indexing and gathering all information related
147to energy programs in state universities, in private
148universities, in federal, state, and local government agencies,
149and in private industry and shall prepare and distribute such
150information in any manner necessary to inform and advise the
151citizens of the state of such programs and activities. This
152shall include developing and maintaining a current index and
153profile of all research activities, which shall be identified by
154energy area and may include a summary of the project, the amount
155and sources of funding, anticipated completion dates, or, in
156case of completed research, conclusions, recommendations, and
157applicability to state government and private sector functions.
158The commission shall coordinate, promote, and respond to efforts
159by all sectors of the economy to seek financial support for
160energy activities. The commission shall provide information to
161consumers regarding the anticipated energy-use and energy-saving
162characteristics of products and services in coordination with
163any federal, state, or local governmental agencies as may
164provide such information to consumers.
165     (j)(k)  The commission shall coordinate energy-related
166programs of state government, including, but not limited to, the
167programs provided in this section. To this end, the commission
168shall:
169     1.  Provide assistance to other state agencies, counties,
170municipalities, and regional planning agencies to further and
171promote their energy planning activities.
172     2.  Require, in cooperation with the Department of
173Management Services, all state agencies to operate state-owned
174and state-leased buildings in accordance with energy
175conservation standards as adopted by the Department of
176Management Services. Every 3 months, the Department of
177Management Services shall furnish the commission data on
178agencies' energy consumption and emissions of greenhouse gases
179in a format prescribed by the commission.
180     3.  Promote the development and use of renewable energy
181resources, energy efficiency technologies, and conservation
182measures.
183     4.  Promote the recovery of energy from wastes, including,
184but not limited to, the use of waste heat, the use of
185agricultural products as a source of energy, and recycling of
186manufactured products. Such promotion shall be conducted in
187conjunction with, and after consultation with, the Department of
188Environmental Protection and the Florida Public Service
189Commission where electrical generation or natural gas is
190involved, and any other relevant federal, state, or local
191governmental agency having responsibility for resource recovery
192programs.
193     (k)(l)  The commission shall develop, coordinate, and
194promote a comprehensive research plan for state programs. Such
195plan shall be consistent with state energy policy and shall be
196updated on a biennial basis.
197     (l)(m)  In recognition of the devastation to the economy of
198this state and the dangers to the health and welfare of
199residents of this state caused by severe hurricanes, and the
200potential for such impacts caused by other natural disasters,
201the commission shall include in its energy emergency contingency
202plan and provide to the Florida Building Commission for
203inclusion in the Florida Energy Efficiency Code for Building
204Construction specific provisions to facilitate the use of cost-
205effective solar energy technologies as emergency remedial and
206preventive measures for providing electric power, street
207lighting, and water heating service in the event of electric
208power outages.
209     Section 3.  Section 377.807, Florida Statutes, is created
210to read:
211     377.807 Energy-efficient appliance rebate program.--
212     (1)  The State Energy Office is authorized to develop and
213administer a consumer rebate program for residential energy-
214efficient appliance, consistent with 42 21 U.S.C. s. 15821 and
215any federal agency guidance or regulations 22 issued in
216furtherance of federal law.
217     (2)  The State Energy Office may adopt rules pursuant to
218ss. 120.536(1) and 120.54 designating eligible appliances,
219rebate amounts, and the administration of the issuance of
220rebates. The rules shall be consistent with 42 U.S.C. s. 15821
221and any subsequent implementing federal regulations or guidance.
222     (3)  The State Energy Office is authorized to enter into
223contracts or memoranda of agreement with other agencies of the
224state, public-private partnerships, or other arrangements such
225that the most efficient means of administering consumer rebates
226can be achieved.
227     Section 4.  For the 2009-2010 fiscal year, the sum of
228$150,000 is appropriated from the General Revenue Fund to the
229Florida Energy and Climate Commission for the purpose of the
230energy-efficient appliance rebate program;
231
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234
T I T L E  A M E N D M E N T
235     Remove lines 2-7 and insert:
236An act relating to energy; creating s. 14.35, F.S.; creating the
237State Energy Office within the Executive Office of the Governor;
238providing duties of the office; amending s. 377.703, F.S.;
239deleting a duty of the Florida Energy and Climate Commission
240relating to federal energy programs; creating s. 377.807, F.S.;
241authorizing the State Energy Office to develop and administer a
242consumer rebate program for specified energy-efficient
243appliances; authorizing the office to enter into contracts
244


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