Florida Senate - 2010                      CS for CS for SB 2322
       
       
       
       By the Committees on Finance and Tax; and Community Affairs; and
       Senator Bennett
       
       
       
       593-04257A-10                                         20102322c2
    1                        A bill to be entitled                      
    2         energy; creating s. 163.08, F.S.; providing for
    3         supplemental authority to local governments regarding
    4         improvements to real property; providing legislative
    5         findings and intent; defining “local government,”
    6         “qualifying improvement,” “energy conservation and
    7         efficiency improvement,” “renewable-energy
    8         improvement,” and “wind-resistance improvement”;
    9         authorizing a local government to levy a non-ad
   10         valorem assessment to fund a qualifying improvement;
   11         authorizing a property owner to enter into a financing
   12         agreement with a local government to finance a
   13         qualifying improvement; authorizing a local government
   14         to collect for such purpose through a non-ad valorem
   15         assessment; providing exceptions; providing for
   16         discontinuance of utility service under certain
   17         circumstances if the financing agreement provides for
   18         repayment through a utility bill; authorizing a local
   19         government to enter into a partnership with one or
   20         more local governments for the purpose of providing
   21         and financing qualifying improvements; authorizing a
   22         for-profit entity or a not-for-profit organization to
   23         administer a qualifying improvement program on behalf
   24         of and at the discretion of the local government;
   25         authorizing a local government to incur debt payable
   26         from revenues received from the improved property;
   27         requiring that a local government verify past payment
   28         delinquencies and involuntary liens on the property;
   29         requiring that a qualifying improvement be affixed to
   30         a building or facility on the property and be
   31         performed by a properly certified or registered
   32         contractor; limiting the total amount of a non-ad
   33         valorem assessment or a municipal or county lien;
   34         providing exceptions; requiring that a property owner
   35         provide certain parties with notice of intent to enter
   36         into a financing agreement, the maximum principal
   37         amount to be financed, and the maximum annual
   38         assessment needed to repay that amount; prohibiting
   39         acceleration of a mortgage under certain
   40         circumstances; providing that certain provisions of
   41         state law do not limit or prohibit any local
   42         government from exercising certain authority;
   43         providing for statutory construction regarding a local
   44         government’s home-rule authority; amending s. 366.92,
   45         F.S.; revising legislative intent regarding the
   46         state’s renewable energy policy; deleting provisions
   47         requiring that the Public Service Commission adopt
   48         rules for a renewable portfolio standard; requiring
   49         that the commission provide for full cost recovery,
   50         including a return on equity, for certain renewable
   51         energy projects; requiring excess customer-owned
   52         renewable generation delivered to the provider’s
   53         electric grid to be credited to the customer’s energy
   54         consumption; requiring such energy credits produced to
   55         accumulate and be used to offset the customer’s energy
   56         usage; requiring the provider to pay the customer for
   57         any unused energy credits at an average annual rate;
   58         requiring the commission to approve certain renewable
   59         energy projects; creating s. 366.921, F.S.; providing
   60         legislative findings; requiring that a petition filed
   61         by a provider for approval of a facility producing a
   62         Florida renewable energy resource comply with certain
   63         criteria; specifying the criteria to be considered by
   64         the commission in approving a petition for such
   65         facility; requiring that the commission’s final order
   66         approving a facility include authorization for annual
   67         cost recovery; requiring providers to file a report
   68         with commission; providing report requirements;
   69         providing penalties for failure to file the report;
   70         providing exemptions from determination-of-need
   71         requirements; providing that certain legislative
   72         determinations constitute a public need and necessity
   73         and fulfill certain determination-of-need
   74         requirements; providing for applicants meeting certain
   75         criteria to obtain a final order of certification;
   76         amending s. 403.503, F.S.; redefining the term
   77         “electrical power plant” for purposes of the Florida
   78         Electrical Power Plant Siting Act to exclude solar
   79         electrical generating facilities; providing an
   80         effective date.
   81  
   82  Be It Enacted by the Legislature of the State of Florida:
   83  
   84         Section 1. Section 163.08, Florida Statutes, is created to
   85  read:
   86         163.08Supplemental authority regarding improvements to
   87  real property.—
   88         (1)(a) The Legislature affirms its previous amendments to
   89  the energy goal of the state comprehensive plan, which provided,
   90  in part, that Florida shall reduce its energy requirements
   91  through enhanced conservation and efficiency measures in all
   92  end-use sectors and shall reduce atmospheric carbon dioxide by
   93  promoting an increased use of renewable-energy resources. The
   94  Legislature also affirms its previous declaration that it is the
   95  public policy of this state to play a leading role in developing
   96  and instituting energy management programs aimed at promoting
   97  energy conservation, energy security, and reduction of
   98  greenhouse gases. In addition to establishing policies to
   99  promote the use of renewable energy, the Legislature finds that
  100  it must continue to provide for a schedule of increases in
  101  energy performance of buildings subject to the Florida Energy
  102  Efficiency Code for Building Construction. The Legislature
  103  further finds that it must continue to adopt new energy
  104  conservation and greenhouse gas reduction comprehensive planning
  105  requirements for local governments. The Legislature acknowledges
  106  that in the General Election of 2008, the voters of this state
  107  approved a constitutional amendment authorizing the Legislature,
  108  by general law, to prohibit consideration of any change or
  109  improvement made for the purpose of improving the property’s
  110  resistance to wind damage or the installation of a renewable
  111  energy-source device in the determination of the assessed value
  112  of real property used for residential purposes.
  113         (b) All energy-consuming improved properties not using
  114  energy-conservation strategies contribute to the burden
  115  affecting all improved property resulting from fossil fuel
  116  energy production. Improved property that has been retrofitted
  117  with energy-related qualifying improvements receives the special
  118  benefit of alleviating the property’s burden from energy
  119  consumption. All improved properties not protected from wind
  120  damage by wind-resistance improvements contribute to the burden
  121  affecting all improved property resulting from potential wind
  122  damage. Improved property that has been retrofitted with wind
  123  resistance qualifying improvements receives the special benefit
  124  of reducing the property’s burden from potential wind damage.
  125  Further, the installation and operation of qualifying
  126  improvements not only benefit the affected properties for which
  127  the improvements are made, but also assist in fulfilling the
  128  goals of the state’s energy and hurricane mitigation policies.
  129  To make qualifying improvements more affordable and assist
  130  property owners who wish to undertake them, there is a
  131  compelling state interest in enabling property owners, on a
  132  voluntary basis, to finance such improvements with local
  133  government assistance.
  134         (c)The Legislature finds that the actions authorized under
  135  this section, including the financing therein of qualifying
  136  improvements through the execution of financing agreements and
  137  the related imposition of voluntary assessments or charges, are
  138  reasonable and necessary to serve and achieve a compelling state
  139  interest and for the prosperity and welfare of the state and its
  140  property owners and inhabitants.
  141         (2) For purposes of this section, the term:
  142         (a)“Local government” means a county, a municipality, or a
  143  special district.
  144         (b)“Qualifying improvement” includes any of the following:
  145         1. “Energy conservation and efficiency improvement,” which
  146  means a measure to reduce consumption, through conservation or
  147  more efficient use, of electricity, natural gas, propane, or
  148  other forms of energy on the property, including, but not
  149  limited to, air sealing, installation of insulation,
  150  installation of energy-efficient heating, cooling, or
  151  ventilation systems, building modifications to increase the use
  152  of daylighting, replacement of windows, installation of energy
  153  controls or energy-recovery systems, and installation of
  154  efficient lighting equipment, provided that, to be covered by an
  155  agreement with a property owner and financed under this section,
  156  such improvement must be affixed to a building or facility that
  157  is part of the property.
  158         2.“Renewable-energy improvement,” which means the
  159  installation of any system whereby electrical, mechanical, or
  160  thermal energy is produced from a method that uses one or more
  161  of the following fuels or energy sources: hydrogen, solar
  162  energy, geothermal energy, bioenergy, or wind energy.
  163         3.“Wind-resistance improvement,” which includes, but is
  164  not limited to:
  165         a.Improving the strength of the roof deck attachment;
  166         b.Creating a secondary water barrier to prevent water
  167  intrusion;
  168         c.Installing wind-resistant shingles;
  169         d.Installing gable-end bracing;
  170         e.Reinforcing roof-to-wall connections;
  171         f.Installing storm shutters; and
  172         g.Installing opening protections.
  173         (3)A local government may levy a non-ad valorem assessment
  174  to fund a qualifying improvement.
  175         (4)Subject to local government ordinance or resolution, a
  176  property owner may apply to the local government for funding to
  177  finance a qualifying improvement and enter into a financing
  178  agreement with the local government. Costs incurred by the local
  179  government for such purpose may be collected as a non-ad valorem
  180  assessment or a municipal or county lien, or may be collected
  181  pursuant to any other lawful method.
  182         (a)A non-ad valorem assessment shall be collected pursuant
  183  s. 197.3632. However, the notice and adoption requirements of s.
  184  197.3632(4) do not apply if the provisions of this section are
  185  used and complied with, and the initial resolution, publication
  186  of notice, and mailed notices to the property appraiser, tax
  187  collector, and Department of Revenue required by s.
  188  197.3632(3)(a) are provided on or before August 15 in
  189  conjunction with any non-ad valorem assessment authorized by
  190  this section if the property appraiser, tax collector, and local
  191  government agree.
  192         (b) If the financing agreement provides for repayment
  193  through a surcharge on a utility or other municipal service bill
  194  in the form of a municipal lien, the utility provider may
  195  discontinue the delivery of all utility service if the surcharge
  196  is not paid. However, the financing agreement must set forth the
  197  terms and costs of such discontinuance, including the period
  198  after which discontinuance will be imposed.
  199         (5)Pursuant to this section, other applicable law, or its
  200  home rule power, a local government may enter into a partnership
  201  with one or more local governments for the purpose of providing
  202  and financing qualifying improvements.
  203         (6)A qualifying improvement program may be administered by
  204  a for-profit entity or a not-for-profit organization on behalf
  205  of and at the discretion of the local government.
  206         (7)A local government may incur debt for the purpose of
  207  providing such improvements, payable from revenues received from
  208  the improved property or any other available revenue source as
  209  authorized by law.
  210         (8)A local government may enter into a financing agreement
  211  only with the owner of record of the affected property.
  212         (9) Before entering into a financing agreement, the local
  213  government shall reasonably verify that all property taxes and
  214  any other assessments levied on the same bill as property taxes
  215  have been paid and have not been delinquent for the past 3 years
  216  or the property owner’s period of ownership, whichever is less;
  217  that there are no involuntary liens such as construction liens
  218  on the property; that no notices of default or other evidence of
  219  property-based debt delinquency have been recorded during the
  220  past 3 years or the property owner’s period of ownership,
  221  whichever is less; and that the property owner is current on all
  222  mortgage debt on the property.
  223         (10) A qualifying improvement shall be affixed to a
  224  building or facility that is part of the property and shall
  225  constitute an improvement to the building or facility or a
  226  fixture thereto. An agreement between a local government and a
  227  qualifying property owner may not cover wind-resistance
  228  improvements in buildings or facilities under new construction
  229  or construction for which a certificate of occupancy or similar
  230  evidence of substantial completion of new construction or
  231  improvement has not been issued.
  232         (11)Any work requiring a license under any applicable law
  233  to make a qualifying improvement shall be performed by a
  234  contractor properly certified or registered pursuant to part I
  235  or part II of chapter 489.
  236         (12)Without the consent of the holders or loan servicers
  237  of any mortgage encumbering or otherwise secured by the
  238  property, the total amount of any non-ad valorem assessment or
  239  municipal or county lien for a property under this section may
  240  not exceed 20 percent of the just value of the property as
  241  determined by the county property appraiser.
  242         (a)Notwithstanding any other provision of law, a non-ad
  243  valorem assessment or municipal or county lien for a qualifying
  244  improvement defined in subparagraph (2)(b)1. or 2. which is
  245  supported by an energy audit is not subject to the limits in
  246  this subsection if the audit demonstrates that the annual energy
  247  savings from the qualified improvement equals or exceeds the
  248  annual repayment amount of the non-ad valorem assessment or
  249  municipal or county lien.
  250         (b)A local government may adopt alternate parameters to
  251  those specified in this subsection to conform to local needs and
  252  conditions after conducting a public hearing resulting in a
  253  finding of the need for such changes due to local needs and
  254  conditions.
  255         (13)At least 30 days before entering into a financing
  256  agreement, the property owner shall provide to the holders or
  257  loan servicers of any existing mortgages encumbering or
  258  otherwise secured by the property notice of intent to enter into
  259  a financing agreement, together with the maximum principal
  260  amount to be financed and the maximum annual assessment
  261  necessary to repay such amount. A provision of any agreement
  262  between a mortgagee or other lienholder and a property owner or
  263  otherwise now or hereafter binding upon a property owner
  264  allowing for acceleration of payment of the mortgage, note, or
  265  lien or other unilateral modification solely as a result of
  266  entering into a financing agreement, as provided for in this
  267  section, is not enforceable. This subsection does not limit the
  268  authority of the holder or loan servicer to increase the
  269  required monthly escrow by an amount necessary to annually pay
  270  the qualifying improvement assessment.
  271         (14) A provision of any agreement between a local
  272  government and a public or private power or energy provider, or
  273  other utility provider, may not limit or prohibit any local
  274  government from exercising its authority under this section.
  275         (15)This section shall be construed to be additional and
  276  supplemental to county and municipal home-rule authority and not
  277  in derogation thereof or a limitation thereon.
  278         Section 2. Section 366.92, Florida Statutes, is amended to
  279  read:
  280         366.92 Florida renewable energy policy.—
  281         (1) In order to stimulate the state’s economy, encourage
  282  businesses to invest in clean technologies, and foster research,
  283  development, manufacturing, construction, and jobs in new and
  284  renewable energy, it is the intent of the Legislature to promote
  285  the development of renewable energy; protect the economic
  286  viability of Florida’s existing renewable energy facilities;
  287  diversify the types of fuel used to generate electricity in
  288  Florida; lessen Florida’s dependence on natural gas and fuel oil
  289  for the production of electricity; minimize the volatility of
  290  fuel costs; encourage investment within the state; improve
  291  environmental conditions by minimizing water consumption and
  292  reducing carbon and other greenhouse gas emissions emitted in
  293  this state; and, at the same time, minimize the costs of power
  294  supply to electric utilities and their customers.
  295         (2) As used in this section, the term:
  296         (a) “Florida renewable energy resources” means renewable
  297  energy, as defined in s. 377.803, that is produced in Florida.
  298         (b) “Provider” means a “utility” as defined in s.
  299  366.8255(1)(a).
  300         (c) “Renewable energy” means renewable energy as defined in
  301  s. 366.91(2)(d).
  302         (d) “Renewable energy credit” or “REC” means a product that
  303  represents the unbundled, separable, renewable attribute of
  304  renewable energy produced in Florida and is equivalent to 1
  305  megawatt-hour of electricity generated by a source of renewable
  306  energy located in Florida.
  307         (e) “Renewable portfolio standard” or “RPS” means the
  308  minimum percentage of total annual retail electricity sales by a
  309  provider to consumers in Florida that shall be supplied by
  310  renewable energy produced in Florida.
  311         (3) The commission shall adopt rules for a renewable
  312  portfolio standard requiring each provider to supply renewable
  313  energy to its customers directly, by procuring, or through
  314  renewable energy credits. In developing the RPS rule, the
  315  commission shall consult the Department of Environmental
  316  Protection and the Florida Energy and Climate Commission. The
  317  rule shall not be implemented until ratified by the Legislature.
  318  The commission shall present a draft rule for legislative
  319  consideration by February 1, 2009.
  320         (a) In developing the rule, the commission shall evaluate
  321  the current and forecasted levelized cost in cents per kilowatt
  322  hour through 2020 and current and forecasted installed capacity
  323  in kilowatts for each renewable energy generation method through
  324  2020.
  325         (b) The commission’s rule:
  326         1. Shall include methods of managing the cost of compliance
  327  with the renewable portfolio standard, whether through direct
  328  supply or procurement of renewable power or through the purchase
  329  of renewable energy credits. The commission shall have
  330  rulemaking authority for providing annual cost recovery and
  331  incentive-based adjustments to authorized rates of return on
  332  common equity to providers to incentivize renewable energy.
  333  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  334  the rules developed pursuant to this subsection, the commission
  335  may approve projects and power sales agreements with renewable
  336  power producers and the sale of renewable energy credits needed
  337  to comply with the renewable portfolio standard. In the event of
  338  any conflict, this subparagraph shall supersede s. 366.91(3) and
  339  (4). However, nothing in this section shall alter the obligation
  340  of each public utility to continuously offer a purchase contract
  341  to producers of renewable energy.
  342         2. Shall provide for appropriate compliance measures and
  343  the conditions under which noncompliance shall be excused due to
  344  a determination by the commission that the supply of renewable
  345  energy or renewable energy credits was not adequate to satisfy
  346  the demand for such energy or that the cost of securing
  347  renewable energy or renewable energy credits was cost
  348  prohibitive.
  349         3. May provide added weight to energy provided by wind and
  350  solar photovoltaic over other forms of renewable energy, whether
  351  directly supplied or procured or indirectly obtained through the
  352  purchase of renewable energy credits.
  353         4. Shall determine an appropriate period of time for which
  354  renewable energy credits may be used for purposes of compliance
  355  with the renewable portfolio standard.
  356         5. Shall provide for monitoring of compliance with and
  357  enforcement of the requirements of this section.
  358         6. Shall ensure that energy credited toward compliance with
  359  the requirements of this section is not credited toward any
  360  other purpose.
  361         7. Shall include procedures to track and account for
  362  renewable energy credits, including ownership of renewable
  363  energy credits that are derived from a customer-owned renewable
  364  energy facility as a result of any action by a customer of an
  365  electric power supplier that is independent of a program
  366  sponsored by the electric power supplier.
  367         8. Shall provide for the conditions and options for the
  368  repeal or alteration of the rule in the event that new
  369  provisions of federal law supplant or conflict with the rule.
  370         (c) Beginning on April 1 of the year following final
  371  adoption of the commission’s renewable portfolio standard rule,
  372  each provider shall submit a report to the commission describing
  373  the steps that have been taken in the previous year and the
  374  steps that will be taken in the future to add renewable energy
  375  to the provider’s energy supply portfolio. The report shall
  376  state whether the provider was in compliance with the renewable
  377  portfolio standard during the previous year and how it will
  378  comply with the renewable portfolio standard in the upcoming
  379  year.
  380         (3)(a)(4) In order to promote and facilitate the
  381  development of clean energy industry in this state demonstrate
  382  the feasibility and viability of clean energy systems, the
  383  commission shall provide for full cost recovery under the
  384  environmental cost-recovery clause of all reasonable and prudent
  385  costs incurred by a provider for renewable energy projects that
  386  result in a net decrease of are zero greenhouse gas emitted in
  387  this state emitting at the point of generation, up to a total of
  388  110 megawatts statewide, and for which the provider has secured
  389  necessary land, zoning permits, and transmission rights within
  390  the state.
  391         (b) In addition to the full cost recovery for such
  392  renewable energy projects, a return on equity of not less than
  393  50 basis points above the top of the range of the provider’s
  394  last authorized rate of return on equity approved by the
  395  commission for energy projects shall be approved and provided
  396  for such renewable energy projects if a majority value of the
  397  energy-producing components incorporated into such projects are
  398  manufactured or assembled within this state.
  399         (c) Such costs shall be deemed reasonable and prudent for
  400  purposes of cost recovery so long as the provider has
  401  demonstrated that the renewable energy project meets the
  402  criteria in s. 366.921(4)(a) and used reasonable and customary
  403  industry practices in the design, procurement, and construction
  404  of the project in a cost-effective manner appropriate to the
  405  location of the facility. The provider shall report to the
  406  commission as part of the cost-recovery proceedings the
  407  construction costs, in-service costs, operating and maintenance
  408  costs, hourly energy production of the renewable energy project,
  409  environmental benefits, and estimated fuel savings attributable
  410  to the facility and any other information deemed relevant by the
  411  commission. Any provider constructing a clean energy facility
  412  pursuant to this section shall file for cost recovery no later
  413  than July 1, 2009.
  414         (d) During any billing cycle, excess customer-owned
  415  renewable generation delivered to the provider’s electric grid
  416  shall be credited to the customer’s energy consumption for the
  417  next month’s billing cycle. Such energy credits produced must
  418  accumulate and be used to offset the customer’s energy usage in
  419  subsequent months for a period of not more than 12 months. At
  420  the end of each calendar year, the provider shall pay the
  421  customer for any unused energy credits at an average annual rate
  422  based on the provider’s COG-3 energy tariff.
  423         (4) Pursuant to the approval process under s. 366.921, the
  424  commission shall approve a total of 700 megawatts of renewable
  425  energy projects for the years 2010, 2011, and 2012, with up to a
  426  total of 300 megawatts approved in 2010 and up to an additional
  427  200 megawatts approved annually in 2011 and 2012, as part of new
  428  renewable energy projects and an additional 35 megawatts, with
  429  up to 15 megawatts annually for 2010 and up to 10 megawatts
  430  annually for 2011 and 2012, which must be rooftop or pole
  431  mounted solar energy applications in addition to megawatts
  432  attributable to renewable energy projects approved by the
  433  commission for cost recovery before January 1, 2010. Any
  434  megawatts for renewable energy projects designated for approval
  435  for a specific year which remain available at the end of the
  436  calendar year shall be carried forward to the succeeding year.
  437         (5) Each municipal electric utility and rural electric
  438  cooperative shall develop standards for the promotion,
  439  encouragement, and expansion of the use of renewable energy
  440  resources and energy conservation and efficiency measures. On or
  441  before April 1, 2009, and annually thereafter, each municipal
  442  electric utility and electric cooperative shall submit to the
  443  commission a report that identifies such standards.
  444         (6) Nothing in This section does not shall be construed to
  445  impede or impair terms and conditions of existing contracts.
  446         (7) The commission may adopt rules to administer and
  447  implement the provisions of this section.
  448         Section 3. Section 366.921, Florida Statutes, is created to
  449  read:
  450         366.921Renewable energy; approval process.—
  451         (1) The Legislature finds that the goals stated in s.
  452  366.92(1) shall be accomplished by fostering the expansion and
  453  development of Florida renewable energy resources. Providers of
  454  Florida renewable energy resources must acquire commission
  455  approval before the construction, licensing, and operation of a
  456  facility producing such resources or the purchase of capacity or
  457  energy from a facility producing such resources. This
  458  requirement does not apply to purchases of capacity or energy
  459  under commission-approved standard-offer contracts or tariffs.
  460  Any petition filed by a provider for approval of a facility
  461  producing a Florida renewable energy resource must meet the
  462  criteria specified in this section.
  463         (2) Notwithstanding s. 403.519, the Legislature finds that
  464  there is a need for new Florida renewable energy resources
  465  consistent with the goals stated in s. 366.92(1). This
  466  legislative finding shall serve as the need determination
  467  required under s. 403.519 and as the commission’s agency report
  468  under s. 403.507(4)(a).
  469         (3) Upon the filing by a provider of a petition for
  470  approval of a facility producing a Florida renewable energy
  471  resource, the commission shall schedule a formal administrative
  472  hearing within 10 days after the filing of the petition and vote
  473  on the petition within 90 days after such filing.
  474         (4) Before approving the petition, the commission shall
  475  consider whether the:
  476         (a) Proposal for the facility requires the use of
  477  reasonable and customary industry practices in the design,
  478  engineering, and proposed construction of the facility which are
  479  appropriate to the proposed technology and location of the
  480  facility.
  481         (b) Entity, including a provider, which would engineer,
  482  design, and construct the proposed facility has the requisite
  483  technical and financial qualifications, expertise, and
  484  capability.
  485         (c) Entity, including a provider, which would operate the
  486  proposed facility has the requisite technical qualifications,
  487  expertise, and capability.
  488         (d) Proposed production of the Florida renewable energy
  489  resource will have a positive impact on the environment,
  490  including the reduction of greenhouse gas emissions in the
  491  state, measured at the point of generation.
  492         (e) Proposed production of the Florida renewable energy
  493  resource will result in local economic benefits, including job
  494  creation, for the state’s economy.
  495         (f) Proposed Florida renewable energy resource will enhance
  496  the fuel diversity of the provider.
  497         (g) Proposed facility producing the Florida renewable
  498  energy resource will minimize or avoid the incremental use of
  499  water resources at the project site in the production of
  500  renewable power.
  501         (5) The commission’s final order approving a facility
  502  producing a Florida renewable energy resource shall include
  503  express authorization for annual cost recovery pursuant to ss.
  504  366.8255 and 366.92.
  505         (6) A provider that receives approval from the commission
  506  for a specific renewable energy project pursuant to this section
  507  shall file a report with the commission within 1 year after the
  508  date of the order reflecting such approval. Prior to the
  509  expiration of the time for filing the report, a provider may
  510  request an extension of time up to 6 months to file such report
  511  and the commission shall grant such request if the provider
  512  demonstrates good cause for the extension. The report shall
  513  summarize the status of the project, including confirmation that
  514  construction of the project has commenced, and provide all
  515  relevant supporting documentation. If a provider fails to timely
  516  file such report, the approval of the project granted by the
  517  commission shall be vacated by operation of law and the
  518  megawatts attributable to such project shall be restored as part
  519  of the total megawatts available for renewable energy projects
  520  under s. 366.92(4).
  521         (7) The Legislature finds that there is a need for all
  522  proposed Florida renewable energy resources for which an
  523  application for certification has been filed by a provider and
  524  is pending under part II of chapter 403, as of the effective
  525  date of this act, and that such proposed Florida renewable
  526  energy resources are exempt from the requirement to obtain a
  527  determination of need pursuant to this section and s. 403.519.
  528  Florida renewable energy resources for which an application for
  529  certification has been filed by a provider and is pending under
  530  part II of chapter 403, as of the effective date of this act,
  531  are determined by the Legislature to meet the electrical needs
  532  of the state in an orderly, reliable, and timely fashion, to
  533  fulfill the provisions of s. 403.519(3), and to otherwise be in
  534  the public interest. The Legislature’s determination of need
  535  reflected in this subsection creates a presumption of public
  536  need and necessity which shall not be raised in any other forum
  537  or in the review of proceedings in such other forum and shall
  538  substitute for the commission’s report required by s.
  539  403.507(4). Notwithstanding any amendment to s. 403.503, all
  540  proposed Florida renewable energy resources for which an
  541  application for certification has been filed by a provider and
  542  is pending under part II of chapter 403, as of the effective
  543  date of this act, may, at the applicant’s option, proceed to
  544  obtain a final order of certification under part II of chapter
  545  403.
  546         Section 4. Subsection (14) of section 403.503, Florida
  547  Statutes, is amended to read:
  548         403.503 Definitions relating to Florida Electrical Power
  549  Plant Siting Act.—As used in this act:
  550         (14) “Electrical power plant” means, for the purpose of
  551  certification, any steam or solar electrical generating facility
  552  using any process or fuel, including nuclear materials, except
  553  that this term does not include any steam or solar electrical
  554  generating facility of less than 75 megawatts in capacity or any
  555  solar electrical generating facility of any sized capacity
  556  unless the applicant for such a facility elects to apply for
  557  certification under this act. This term also includes the site;
  558  all associated facilities that will be owned by the applicant
  559  that are physically connected to the site; all associated
  560  facilities that are indirectly connected to the site by other
  561  proposed associated facilities that will be owned by the
  562  applicant; and associated transmission lines that will be owned
  563  by the applicant which connect the electrical power plant to an
  564  existing transmission network or rights-of-way to which the
  565  applicant intends to connect. At the applicant’s option, this
  566  term may include any offsite associated facilities that will not
  567  be owned by the applicant; offsite associated facilities that
  568  are owned by the applicant but that are not directly connected
  569  to the site; any proposed terminal or intermediate substations
  570  or substation expansions connected to the associated
  571  transmission line; or new transmission lines, upgrades, or
  572  improvements of an existing transmission line on any portion of
  573  the applicant’s electrical transmission system necessary to
  574  support the generation injected into the system from the
  575  proposed electrical power plant.
  576         Section 5. This act shall take effect upon becoming a law.