Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 2078 Barcode 830712 LEGISLATIVE ACTION Senate . House Comm: UNFAV . 04/04/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Communications, Energy, and Public Utilities (Altman) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 160 - 251 4 and insert: 5 (b) Each provider shall purchase renewable energy pursuant 6 to a standard form contract for the purchase of renewable energy 7 from different types of renewable energy facilities located in 8 Florida. 9 1. The price to be paid for renewable energy purchased 10 through a standard form contract shall be expressed in a 11 levelized, or constant, price per kilowatt hour for the term of 12 the contract. The price shall be determined by a competitive 13 auction conducted by an independent auction administrator 14 engaged by the commission to ensure the objectivity and fairness 15 of the auction. The provider shall reimburse the commission for 16 the cost for the independent auction administrator, and the cost 17 is recoverable by the provider through the environmental cost 18 recovery clause. 19 2. The commission shall set the terms and conditions of the 20 standard form contract before such contract may be issued and 21 shall establish procedures for the conduct of the auction 22 provided for in this paragraph. 23 3. The commission shall set the term of a minimum of 20 24 years and a maximum of 30 years for the standard form contract. 25 4. A renewable energy supplier’s generating facility must 26 be located in the state to be eligible to participate in an 27 auction. 28 (c) Each provider must offer a standard form contract for 29 each of the following types of renewable energy technologies and 30 sizes: 31 1. Solar electric technologies under 250 kilowatts and 32 solar electric technologies over 250 kilowatts but no more than 33 5 megawatts, including crystalline photovoltaic, solar 34 thermoelectric, and solar thermal generating technologies. 35 2. Wind technologies. 36 3. Hydroelectric technologies, including technologies that 37 use the energy in waves, ocean currents, or thermal energy 38 differentials. 39 4. Biomass technologies. 40 5. Waste-heat technologies. 41 (d) The commission shall require that a minimum of 20 42 percent of the total funding is spent by each provider on the 43 building of Florida renewable energy resources or the conversion 44 of an existing fossil fuel generation plant to a Florida 45 renewable energy resource. Fifty percent of the utility’s 46 purchased renewable energy shall be from biomass and other 47 renewable energy technologies, and 50 percent shall be from 48 solar suppliers, of which at least 50 percent shall be from 49 systems under 250 kilowatts. 50 (e) If the bids received from the auction are insufficient 51 to spend the total amount of funds available, the residual funds 52 are available for purchase of renewable energy from either 53 technologies or size class other than the undersubscribed 54 technologies or size class or may be carried forward and spent, 55 on a pro rata basis, over the succeeding 4 years. 56 (f) A renewable energy generating facility that is 57 constructed by a renewable energy supplier or by a provider of 58 renewable energy is not subject to s. 403.519. The commission is 59 not required to submit a report pursuant to s. 403.507(4)(a) for 60 the project. 61 (g) After the completion of construction of a new renewable 62 energy project, the completion of the conversion of an existing 63 facility to renewable energy, or the completion of a purchase of 64 renewable energy, and the filing by a provider of a petition for 65 approval of cost recovery, the commission must schedule a formal 66 administrative hearing within 10 days after the date of the 67 filing of the petition and vote on the petition within 90 days 68 after the date of the filing. 69 (h)1. The costs incurred by a provider in connection with 70 the construction or conversion, operation, and maintenance of a 71 renewable energy project are deemed to be prudent for purposes 72 of cost recovery so long as the provider has used reasonable and 73 customary industry practices in the design, procurement, and 74 construction of the project in a cost-effective manner that is 75 appropriate for the type of renewable energy facility and 76 appropriate to the location of the facility. A provider may 77 recover all prudently incurred costs of renewable energy under 78 the environmental cost-recovery clause provisions of s. 79 366.8255. As part of the cost-recovery proceedings, the provider 80 must report to the commission the construction costs, in-service 81 costs, operating and maintenance costs, hourly energy production 82 of the renewable energy project, and any other information 83 deemed relevant by the commission. 84 2. The commission must allow full cost recovery over the 85 entire useful life of the Florida renewable energy resource of 86 the revenue requirements using traditional declining balance 87 amortization of all reasonable and prudently incurred costs, 88 including, but not limited to, the following: 89 a. The siting, licensing, engineering, design, permitting, 90 construction, operation, and maintenance of a renewable energy 91 facility and associated transmission facilities by the provider. 92 For purposes of this paragraph, the term “cost” includes, but is 93 not limited to, all capital investments, including rate of 94 return, and any applicable taxes and all expenses, including 95 operation and maintenance expenses; and 96 b. The costs associated with the purchase of capacity and 97 energy from new renewable energy resources; 98 c. The costs for conversion of an existing fossil fuel 99 generating plant to a renewable energy facility, including the 100 costs of retirement of the fossil fuel generation plant. 101 (i) The cost of producing or purchasing renewable energy in 102 any calendar year may not exceed 2 percent of the investor-owned 103 utility’s total revenue from retail sales of electricity for the 104 2010 calendar year. 105 (j) A provider must submit the proposed project to the same 106 bid process as with any other generating facility to develop a 107 renewable energy project. 108 (k) If a provider pays costs for purchased power above the 109 provider’s full avoided costs, the seller must surrender to the 110 provider all renewable attributes of the energy being purchased 111 by the provider. 112 (l) Any revenues or other economic benefit that is derived 113 from any renewable energy credit, carbon credit, or other 114 mechanism that attributes value to the production of renewable 115 energy and that is received by a provider relating to renewable 116 energy or other carbon-neutral or carbon-free means of producing 117 electricity must be shared with the provider’s ratepayers, such 118 that the ratepayers are credited with at least 90 percent of 119 such revenues or of the value of such other economic benefit. 120 (m) The Legislature finds that there is a need for the 121 renewable energy facilities to be developed pursuant to this 122 subsection and this legislative finding serves as the 123 determination of need required under s. 403.519 and as the 124 commission’s agency report required under s. 403.507(4)(a). This 125 legislative determination of need creates a presumption of 126 public need and necessity which may not be raised in any other 127 forum or in the review of proceedings in such other forum and 128 substitutes for the commission’s report required by s. 129 403.507(4). 130 (n) Each provider obtaining cost recovery under this 131 subsection must, for the duration of the recovery period, file 132 an annual report with the commission containing the information 133 required in this subsection and any other information the 134 commission deems necessary. The commission must gather all such 135 reports annually and file a report with the Governor, the 136 President of the Senate, and the Speaker of the House of 137 Representatives not later than March 1 of each year. Each 138 provider report must contain the following: 139 1. A description of the project, including a description of 140 the technology used, the size of the project, and its location. 141 2. A description and the amounts of the costs of 142 construction, operation, and maintenance of the project. 143 3. A description and the total number of the jobs created 144 as a result of the project, including how long each job lasted. 145 4. A description of the impact of the project on existing 146 and planned generation and transmission facilities and on 147 ratepayers, including how much production by traditional means 148 was avoided, any planned traditional plants included in the 10 149 year site plan which were made unnecessary, any additional 150 transmission that was necessary, a description of any impact on 151 grid security and reliability, and a description of the price 152 impact on ratepayers. 153 (o) The commission shall adopt rules to implement this 154 section. 155 156 ================= T I T L E A M E N D M E N T ================ 157 And the title is amended as follows: 158 Between lines 13 and 14 159 insert: 160 requiring certain electric providers to purchase 161 renewable energy by a standard form contract from 162 different types of renewable energy facilities in the 163 state; providing criteria for an auction that sets the 164 price to be paid for the renewable energy; requiring 165 the provider to reimburse the cost for the independent 166 auction administrator; providing that the cost is 167 recoverable through the environmental cost-recovery 168 clause; requiring the commission to oversee the 169 auction and ensure that certain conditions are met; 170 providing criteria for the standard form contract; 171 requiring each provider to offer a standard form 172 contract for certain types of renewable energy 173 technology and size; requiring a certain percent of 174 the total funding expended by each provider be spent 175 on renewable energy and solar energy resources; 176 providing for expenditure of funds if the bids from 177 the auction are insufficient to expend the total funds 178 available; exempting certain renewable energy 179 generating facilities from the siting act; requiring 180 the commission to adopt rules implementing the 181 section;