Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2106
       
       
       
       
       
       
                                Barcode 947936                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 05:49 PM       .                                
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       The Conference Committee on SB 2106 recommended the following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. The powers, duties, functions, records,
    7  personnel, property, pending issues and existing contracts,
    8  administrative authority, administrative rules, and unexpended
    9  balances of appropriations, allocations, and other funds of the
   10  Florida Energy and Climate Commission within the Executive
   11  Office of the Governor are transferred by a type two transfer,
   12  as defined in s. 20.06(2), Florida Statutes, to the Department
   13  of Agriculture and Consumer Services.
   14         Section 2. Paragraph (y) of subsection (8) of section
   15  213.053, Florida Statutes, is amended to read:
   16         213.053 Confidentiality and information sharing.—
   17         (8) Notwithstanding any other provision of this section,
   18  the department may provide:
   19         (y) Information relative to ss. 212.08(7)(ccc) and 220.192
   20  to the Department of Agriculture and Consumer Services Florida
   21  Energy and Climate Commission for use in the conduct of its
   22  official business.
   23  
   24  Disclosure of information under this subsection shall be
   25  pursuant to a written agreement between the executive director
   26  and the agency. Such agencies, governmental or nongovernmental,
   27  shall be bound by the same requirements of confidentiality as
   28  the Department of Revenue. Breach of confidentiality is a
   29  misdemeanor of the first degree, punishable as provided by s.
   30  775.082 or s. 775.083.
   31         Section 3. Subsections (3), (4), (5), and (8) and paragraph
   32  (b) of subsection (6) of section 220.192, Florida Statutes, are
   33  amended to read:
   34         220.192 Renewable energy technologies investment tax
   35  credit.—
   36         (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing
   37  to obtain tax credits available under this section must submit
   38  to the Department of Agriculture and Consumer Services Florida
   39  Energy and Climate Commission an application for tax credit that
   40  includes a complete description of all eligible costs for which
   41  the corporation is seeking a credit and a description of the
   42  total amount of credits sought. The Department of Agriculture
   43  and Consumer Services Florida Energy and Climate Commission
   44  shall make a determination on the eligibility of the applicant
   45  for the credits sought and certify the determination to the
   46  applicant and the Department of Revenue. The corporation must
   47  attach the Department of Agriculture and Consumer Services’
   48  Florida Energy and Climate Commission’s certification to the tax
   49  return on which the credit is claimed. The Department of
   50  Agriculture and Consumer Services is Florida Energy and Climate
   51  Commission shall be responsible for ensuring that the corporate
   52  income tax credits granted in each fiscal year do not exceed the
   53  limits provided for in this section. The Department of
   54  Agriculture and Consumer Services may Florida Energy and Climate
   55  Commission is authorized to adopt the necessary rules,
   56  guidelines, and forms application materials for the application
   57  process.
   58         (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
   59  this section, each taxpayer must apply to the Department of
   60  Agriculture and Consumer Services Florida Energy and Climate
   61  Commission for an allocation of each type of annual credit by
   62  the date established by the Department of Agriculture and
   63  Consumer Services Florida Energy and Climate Commission. The
   64  application form adopted may be established by the Department of
   65  Agriculture and Consumer Services Florida Energy and Climate
   66  Commission. The form must include an affidavit from each
   67  taxpayer certifying that all information contained in the
   68  application, including all records of eligible costs claimed as
   69  the basis for the tax credit, are true and correct. Approval of
   70  the credits under this section is shall be accomplished on a
   71  first-come, first-served basis, based upon the date complete
   72  applications are received by the Department of Agriculture and
   73  Consumer Services Florida Energy and Climate Commission. A
   74  taxpayer must shall submit only one complete application based
   75  upon eligible costs incurred within a particular state fiscal
   76  year. Incomplete placeholder applications will not be accepted
   77  and will not secure a place in the first-come, first-served
   78  application line. If a taxpayer does not receive a tax credit
   79  allocation due to the exhaustion of the annual tax credit
   80  authorizations, then such taxpayer may reapply in the following
   81  year for those eligible costs and will have priority over other
   82  applicants for the allocation of credits.
   83         (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
   84         (a) In addition to its existing audit and investigation
   85  authority, the Department of Revenue may perform any additional
   86  financial and technical audits and investigations, including
   87  examining the accounts, books, and records of the tax credit
   88  applicant, which are necessary to verify the eligible costs
   89  included in the tax credit return and to ensure compliance with
   90  this section. The Department of Agriculture and Consumer
   91  Services Florida Energy and Climate Commission shall provide
   92  technical assistance when requested by the Department of Revenue
   93  on any technical audits or examinations performed pursuant to
   94  this section.
   95         (b) It is grounds for forfeiture of previously claimed and
   96  received tax credits if the Department of Revenue determines, as
   97  a result of an audit or examination or from information received
   98  from the Department of Agriculture and Consumer Services Florida
   99  Energy and Climate Commission, that a taxpayer received tax
  100  credits pursuant to this section to which the taxpayer was not
  101  entitled. The taxpayer is responsible for returning forfeited
  102  tax credits to the Department of Revenue, and such funds shall
  103  be paid into the General Revenue Fund of the state.
  104         (c) The Department of Agriculture and Consumer Services
  105  Florida Energy and Climate Commission may revoke or modify any
  106  written decision granting eligibility for tax credits under this
  107  section if it is discovered that the tax credit applicant
  108  submitted any false statement, representation, or certification
  109  in any application, record, report, plan, or other document
  110  filed in an attempt to receive tax credits under this section.
  111  The Department of Agriculture and Consumer Services Florida
  112  Energy and Climate Commission shall immediately notify the
  113  Department of Revenue of any revoked or modified orders
  114  affecting previously granted tax credits. Additionally, the
  115  taxpayer must notify the Department of Revenue of any change in
  116  its tax credit claimed.
  117         (d) The taxpayer shall file with the Department of Revenue
  118  an amended return or such other report as the Department of
  119  Revenue prescribes by rule and shall pay any required tax and
  120  interest within 60 days after the taxpayer receives notification
  121  from the Department of Agriculture and Consumer Services Florida
  122  Energy and Climate Commission that previously approved tax
  123  credits have been revoked or modified. If the revocation or
  124  modification order is contested, the taxpayer shall file an
  125  amended return or other report as provided in this paragraph
  126  within 60 days after a final order is issued after proceedings.
  127         (e) A notice of deficiency may be issued by the Department
  128  of Revenue at any time within 3 years after the taxpayer
  129  receives formal notification from the Department of Agriculture
  130  and Consumer Services Florida Energy and Climate Commission that
  131  previously approved tax credits have been revoked or modified.
  132  If a taxpayer fails to notify the Department of Revenue of any
  133  changes to its tax credit claimed, a notice of deficiency may be
  134  issued at any time.
  135         (6) TRANSFERABILITY OF CREDIT.—
  136         (b) To perfect the transfer, the transferor shall provide
  137  the Department of Revenue with a written transfer statement
  138  notifying the Department of Revenue of the transferor’s intent
  139  to transfer the tax credits to the transferee; the date the
  140  transfer is effective; the transferee’s name, address, and
  141  federal taxpayer identification number; the tax period; and the
  142  amount of tax credits to be transferred. The Department of
  143  Revenue shall, upon receipt of a transfer statement conforming
  144  to the requirements of this section, provide the transferee with
  145  a certificate reflecting the tax credit amounts transferred. A
  146  copy of the certificate must be attached to each tax return for
  147  which the transferee seeks to apply such tax credits.
  148         (8) PUBLICATION.—The Department of Agriculture and Consumer
  149  Services Florida Energy and Climate Commission shall determine
  150  and publish on a regular basis the amount of available tax
  151  credits remaining in each fiscal year.
  152         Section 4. Paragraphs (d) and (e) of subsection (2) and
  153  subsection (5) of section 288.1089, Florida Statutes, are
  154  amended to read:
  155         288.1089 Innovation Incentive Program.—
  156         (2) As used in this section, the term:
  157         (d) “Commission” means the Florida Energy and Climate
  158  Commission.
  159         (d)(e) “Cumulative investment” means cumulative capital
  160  investment and all eligible capital costs, as defined in s.
  161  220.191.
  162         (e) “Department” means the Department of Agriculture and
  163  Consumer Services.
  164         (5) Enterprise Florida, Inc., shall evaluate proposals for
  165  all three categories of innovation incentive awards and transmit
  166  recommendations for awards to the office. Before making its
  167  recommendations on alternative and renewable energy projects,
  168  Enterprise Florida, Inc., shall solicit comments and
  169  recommendations from the department Florida Energy and Climate
  170  Commission. For each project, the evaluation and recommendation
  171  to the office must include, but need not be limited to:
  172         (a) A description of the project, its required facilities,
  173  and the associated product, service, or research and development
  174  associated with the project.
  175         (b) The percentage of match provided for the project.
  176         (c) The number of full-time equivalent jobs that will be
  177  created by the project, the total estimated average annual wages
  178  of such jobs, and the types of business activities and jobs
  179  likely to be stimulated by the project.
  180         (d) The cumulative investment to be dedicated to the
  181  project within 5 years and the total investment expected in the
  182  project if more than 5 years.
  183         (e) The projected economic and fiscal impacts on the local
  184  and state economies relative to investment.
  185         (f) A statement of any special impacts the project is
  186  expected to stimulate in a particular business sector in the
  187  state or regional economy or in the state’s universities and
  188  community colleges.
  189         (g) A statement of any anticipated or proposed
  190  relationships with state universities.
  191         (h) A statement of the role the incentive is expected to
  192  play in the decision of the applicant to locate or expand in
  193  this state.
  194         (i) A recommendation and explanation of the amount of the
  195  award needed to cause the applicant to expand or locate in this
  196  state.
  197         (j) A discussion of the efforts and commitments made by the
  198  local community in which the project is to be located to induce
  199  the applicant’s location or expansion, taking into consideration
  200  local resources and abilities.
  201         (k) A recommendation for specific performance criteria the
  202  applicant would be expected to achieve in order to receive
  203  payments from the fund and penalties or sanctions for failure to
  204  meet or maintain performance conditions.
  205         (l) Additional evaluative criteria for a research and
  206  development facility project, including:
  207         1. A description of the extent to which the project has the
  208  potential to serve as catalyst for an emerging or evolving
  209  cluster.
  210         2. A description of the extent to which the project has or
  211  could have a long-term collaborative research and development
  212  relationship with one or more universities or community colleges
  213  in this state.
  214         3. A description of the existing or projected impact of the
  215  project on established clusters or targeted industry sectors.
  216         4. A description of the project’s contribution to the
  217  diversity and resiliency of the innovation economy of this
  218  state.
  219         5. A description of the project’s impact on special needs
  220  communities, including, but not limited to, rural areas,
  221  distressed urban areas, and enterprise zones.
  222         (m) Additional evaluative criteria for alternative and
  223  renewable energy proposals, including:
  224         1. The availability of matching funds or other in-kind
  225  contributions applied to the total project from an applicant.
  226  The department commission shall give greater preference to
  227  projects that provide such matching funds or other in-kind
  228  contributions.
  229         2. The degree to which the project stimulates in-state
  230  capital investment and economic development in metropolitan and
  231  rural areas, including the creation of jobs and the future
  232  development of a commercial market for renewable energy
  233  technologies.
  234         3. The extent to which the proposed project has been
  235  demonstrated to be technically feasible based on pilot project
  236  demonstrations, laboratory testing, scientific modeling, or
  237  engineering or chemical theory that supports the proposal.
  238         4. The degree to which the project incorporates an
  239  innovative new technology or an innovative application of an
  240  existing technology.
  241         5. The degree to which a project generates thermal,
  242  mechanical, or electrical energy by means of a renewable energy
  243  resource that has substantial long-term production potential.
  244         6. The degree to which a project demonstrates efficient use
  245  of energy and material resources.
  246         7. The degree to which the project fosters overall
  247  understanding and appreciation of renewable energy technologies.
  248         8. The ability to administer a complete project.
  249         9. Project duration and timeline for expenditures.
  250         10. The geographic area in which the project is to be
  251  conducted in relation to other projects.
  252         11. The degree of public visibility and interaction.
  253         Section 5. Subsection (9) of section 288.9607, Florida
  254  Statutes, is amended to read:
  255         288.9607 Guaranty of bond issues.—
  256         (9) The membership of the corporation is authorized and
  257  directed to conduct such investigation as it may deem necessary
  258  for promulgation of regulations to govern the operation of the
  259  guaranty program authorized by this section. The regulations may
  260  include such other additional provisions, restrictions, and
  261  conditions as the corporation, after its investigation referred
  262  to in this subsection, shall determine to be proper to achieve
  263  the most effective utilization of the guaranty program. This may
  264  include, without limitation, a detailing of the remedies that
  265  must be exhausted by bondholders, a trustee acting on their
  266  behalf, or other credit provided before calling upon the
  267  corporation to perform under its guaranty agreement and the
  268  subrogation of other rights of the corporation with reference to
  269  the capital project and its operation or the financing in the
  270  event the corporation makes payment pursuant to the applicable
  271  guaranty agreement. The regulations promulgated by the
  272  corporation to govern the operation of the guaranty program may
  273  contain specific provisions with respect to the rights of the
  274  corporation to enter, take over, and manage all financed
  275  properties upon default. These regulations shall be submitted by
  276  the corporation to the Department of Agriculture and Consumer
  277  Services Florida Energy and Climate Commission for approval.
  278         Section 6. Subsection (5) of section 366.82, Florida
  279  Statutes, is amended to read:
  280         366.82 Definition; goals; plans; programs; annual reports;
  281  energy audits.—
  282         (5) The Department of Agriculture and Consumer Services
  283  Florida Energy and Climate Commission shall be a party in the
  284  proceedings to adopt goals and shall file with the commission
  285  comments on the proposed goals, including, but not limited to:
  286         (a) An evaluation of utility load forecasts, including an
  287  assessment of alternative supply-side and demand-side resource
  288  options.
  289         (b) An analysis of various policy options that can be
  290  implemented to achieve a least-cost strategy, including
  291  nonutility programs targeted at reducing and controlling the per
  292  capita use of electricity in the state.
  293         (c) An analysis of the impact of state and local building
  294  codes and appliance efficiency standards on the need for
  295  utility-sponsored conservation and energy efficiency measures
  296  and programs.
  297         Section 7. Subsection (3) of section 366.92, Florida
  298  Statutes, is amended to read:
  299         366.92 Florida renewable energy policy.—
  300         (3) The commission shall adopt rules for a renewable
  301  portfolio standard requiring each provider to supply renewable
  302  energy to its customers directly, by procuring, or through
  303  renewable energy credits. In developing the RPS rule, the
  304  commission shall consult the Department of Environmental
  305  Protection and the Department of Agriculture and Consumer
  306  Services Florida Energy and Climate Commission. The rule shall
  307  not be implemented until ratified by the Legislature. The
  308  commission shall present a draft rule for legislative
  309  consideration by February 1, 2009.
  310         (a) In developing the rule, the commission shall evaluate
  311  the current and forecasted levelized cost in cents per kilowatt
  312  hour through 2020 and current and forecasted installed capacity
  313  in kilowatts for each renewable energy generation method through
  314  2020.
  315         (b) The commission’s rule:
  316         1. Shall include methods of managing the cost of compliance
  317  with the renewable portfolio standard, whether through direct
  318  supply or procurement of renewable power or through the purchase
  319  of renewable energy credits. The commission shall have
  320  rulemaking authority for providing annual cost recovery and
  321  incentive-based adjustments to authorized rates of return on
  322  common equity to providers to incentivize renewable energy.
  323  Notwithstanding s. 366.91(3) and (4), upon the ratification of
  324  the rules developed pursuant to this subsection, the commission
  325  may approve projects and power sales agreements with renewable
  326  power producers and the sale of renewable energy credits needed
  327  to comply with the renewable portfolio standard. In the event of
  328  any conflict, this subparagraph shall supersede s. 366.91(3) and
  329  (4). However, nothing in this section shall alter the obligation
  330  of each public utility to continuously offer a purchase contract
  331  to producers of renewable energy.
  332         2. Shall provide for appropriate compliance measures and
  333  the conditions under which noncompliance shall be excused due to
  334  a determination by the commission that the supply of renewable
  335  energy or renewable energy credits was not adequate to satisfy
  336  the demand for such energy or that the cost of securing
  337  renewable energy or renewable energy credits was cost
  338  prohibitive.
  339         3. May provide added weight to energy provided by wind and
  340  solar photovoltaic over other forms of renewable energy, whether
  341  directly supplied or procured or indirectly obtained through the
  342  purchase of renewable energy credits.
  343         4. Shall determine an appropriate period of time for which
  344  renewable energy credits may be used for purposes of compliance
  345  with the renewable portfolio standard.
  346         5. Shall provide for monitoring of compliance with and
  347  enforcement of the requirements of this section.
  348         6. Shall ensure that energy credited toward compliance with
  349  the requirements of this section is not credited toward any
  350  other purpose.
  351         7. Shall include procedures to track and account for
  352  renewable energy credits, including ownership of renewable
  353  energy credits that are derived from a customer-owned renewable
  354  energy facility as a result of any action by a customer of an
  355  electric power supplier that is independent of a program
  356  sponsored by the electric power supplier.
  357         8. Shall provide for the conditions and options for the
  358  repeal or alteration of the rule in the event that new
  359  provisions of federal law supplant or conflict with the rule.
  360         (c) Beginning on April 1 of the year following final
  361  adoption of the commission’s renewable portfolio standard rule,
  362  each provider shall submit a report to the commission describing
  363  the steps that have been taken in the previous year and the
  364  steps that will be taken in the future to add renewable energy
  365  to the provider’s energy supply portfolio. The report shall
  366  state whether the provider was in compliance with the renewable
  367  portfolio standard during the previous year and how it will
  368  comply with the renewable portfolio standard in the upcoming
  369  year.
  370         Section 8. Section 377.6015, Florida Statutes, is amended
  371  to read:
  372         377.6015 Department of Agriculture and Consumer Services;
  373  powers and duties Florida Energy and Climate Commission.—
  374         (1) The Florida Energy and Climate Commission is created
  375  within the Executive Office of the Governor. The commission
  376  shall be comprised of nine members appointed by the Governor,
  377  the Commissioner of Agriculture, and the Chief Financial
  378  Officer.
  379         (a) The Governor shall appoint one member from three
  380  persons nominated by the Florida Public Service Commission
  381  Nominating Council, created in s. 350.031, to each of seven
  382  seats on the commission. The Commissioner of Agriculture shall
  383  appoint one member from three persons nominated by the council
  384  to one seat on the commission. The Chief Financial Officer shall
  385  appoint one member from three persons nominated by the council
  386  to one seat on the commission.
  387         1. The council shall submit the recommendations to the
  388  Governor, the Commissioner of Agriculture, and the Chief
  389  Financial Officer by September 1 of those years in which the
  390  terms are to begin the following October or within 60 days after
  391  a vacancy occurs for any reason other than the expiration of the
  392  term. The Governor, the Commissioner of Agriculture, and the
  393  Chief Financial Officer may proffer names of persons to be
  394  considered for nomination by the council.
  395         2. The Governor, the Commissioner of Agriculture, and the
  396  Chief Financial Officer shall fill a vacancy occurring on the
  397  commission by appointment of one of the applicants nominated by
  398  the council only after a background investigation of such
  399  applicant has been conducted by the Department of Law
  400  Enforcement.
  401         3. Members shall be appointed to 3-year terms; however, in
  402  order to establish staggered terms, for the initial
  403  appointments, the Governor shall appoint four members to 3-year
  404  terms, two members to 2-year terms, and one member to a 1-year
  405  term, and the Commissioner of Agriculture and the Chief
  406  Financial Officer shall each appoint one member to a 3-year term
  407  and shall appoint a successor when that appointee’s term expires
  408  in the same manner as the original appointment.
  409         4. The Governor shall select from the membership of the
  410  commission one person to serve as chair.
  411         5. A vacancy on the commission shall be filled for the
  412  unexpired portion of the term in the same manner as the original
  413  appointment.
  414         6. If the Governor, the Commissioner of Agriculture, or the
  415  Chief Financial Officer has not made an appointment within 30
  416  consecutive calendar days after the receipt of the
  417  recommendations, the council shall initiate, in accordance with
  418  this section, the nominating process within 30 days.
  419         7. Each appointment to the commission shall be subject to
  420  confirmation by the Senate during the next regular session after
  421  the vacancy occurs. If the Senate refuses to confirm or fails to
  422  consider the appointment of the Governor, the Commissioner of
  423  Agriculture, or the Chief Financial Officer, the council shall
  424  initiate, in accordance with this section, the nominating
  425  process within 30 days.
  426         8. The Governor or the Governor’s successor may recall an
  427  appointee.
  428         9. Notwithstanding subparagraph 7. and for the initial
  429  appointments to the commission only, each initial appointment to
  430  the commission is subject to confirmation by the Senate by the
  431  2010 Regular Session. If the Senate refuses to confirm or fails
  432  to consider an appointment made by the Governor, the
  433  Commissioner of Agriculture, or the Chief Financial Officer, the
  434  council shall initiate, in accordance with this section, the
  435  nominating process within 30 days after the Senate’s refusal to
  436  confirm or failure to consider such appointment. This
  437  subparagraph expires July 1, 2010.
  438         (b) Members must meet the following qualifications and
  439  restrictions:
  440         1. A member must be an expert in one or more of the
  441  following fields: energy, natural resource conservation,
  442  economics, engineering, finance, law, transportation and land
  443  use, consumer protection, state energy policy, or another field
  444  substantially related to the duties and functions of the
  445  commission. The commission shall fairly represent the fields
  446  specified in this subparagraph.
  447         2. Each member shall, at the time of appointment and at
  448  each commission meeting during his or her term of office,
  449  disclose:
  450         a. Whether he or she has any financial interest, other than
  451  ownership of shares in a mutual fund, in any business entity
  452  that, directly or indirectly, owns or controls, or is an
  453  affiliate or subsidiary of, any business entity that may be
  454  affected by the policy recommendations developed by the
  455  commission.
  456         b. Whether he or she is employed by or is engaged in any
  457  business activity with any business entity that, directly or
  458  indirectly, owns or controls, or is an affiliate or subsidiary
  459  of, any business entity that may be affected by the policy
  460  recommendations developed by the commission.
  461         (c) The chair may designate the following ex officio,
  462  nonvoting members to provide information and advice to the
  463  commission at the request of the chair:
  464         1. The chair of the Florida Public Service Commission, or
  465  his or her designee.
  466         2. The Public Counsel, or his or her designee.
  467         3. A representative of the Department of Agriculture and
  468  Consumer Services.
  469         4. A representative of the Department of Financial
  470  Services.
  471         5. A representative of the Department of Environmental
  472  Protection.
  473         6. A representative of the Department of Community Affairs.
  474         7. A representative of the Board of Governors of the State
  475  University System.
  476         8. A representative of the Department of Transportation.
  477         (2) Members shall serve without compensation but are
  478  entitled to reimbursement for per diem and travel expenses as
  479  provided in s. 112.061.
  480         (3) Meetings of the commission may be held in various
  481  locations around the state and at the call of the chair;
  482  however, the commission must meet at least six times each year.
  483         (1)(4) The department commission may:
  484         (a) Employ staff and counsel as needed in the performance
  485  of its duties.
  486         (b) Prosecute and defend legal actions in its own name.
  487         (c) Form advisory groups consisting of members of the
  488  public to provide information on specific issues.
  489         (2)(5) The department commission shall:
  490         (a) Administer the Florida Renewable Energy and Energy
  491  Efficient Technologies Grants Program pursuant to s. 377.804 to
  492  assure a robust grant portfolio.
  493         (b) Develop policy for requiring grantees to provide
  494  royalty-sharing or licensing agreements with state government
  495  for commercialized products developed under a state grant.
  496         (c) Administer the Florida Green Government Grants Act
  497  pursuant to s. 377.808 and set annual priorities for grants.
  498         (d) Administer the information gathering and reporting
  499  functions pursuant to ss. 377.601-377.608.
  500         (e) Administer petroleum planning and emergency contingency
  501  planning pursuant to ss. 377.701, 377.703, and 377.704.
  502         (e)(f) Represent Florida in the Southern States Energy
  503  Compact pursuant to ss. 377.71-377.712.
  504         (g) Complete the annual assessment of the efficacy of
  505  Florida’s Energy and Climate Change Action Plan, upon completion
  506  by the Governor’s Action Team on Energy and Climate Change
  507  pursuant to the Governor’s Executive Order 2007-128, and provide
  508  specific recommendations to the Governor and the Legislature
  509  each year to improve results.
  510         (f)(h) Administer the provisions of the Florida Energy and
  511  Climate Protection Act pursuant to ss. 377.801-377.807 377.801
  512  377.806.
  513         (g)(i) Advocate for energy and climate change issues and
  514  provide educational outreach and technical assistance in
  515  cooperation with the state’s academic institutions.
  516         (h)(j) Be a party in the proceedings to adopt goals and
  517  submit comments to the Public Service Commission pursuant to s.
  518  366.82.
  519         (i)(k) Adopt rules pursuant to chapter 120 in order to
  520  implement all powers and duties described in this section.
  521         Section 9. Subsection (1) and paragraphs (a) and (b) of
  522  subsection (2) of section 377.602, Florida Statutes, are amended
  523  to read:
  524         377.602 Definitions.—As used in ss. 377.601-377.608:
  525         (1) “Department” “Commission” means the Department of
  526  Agriculture and Consumer Services Florida Energy and Climate
  527  Commission.
  528         (2) “Energy resources” includes, but shall not be limited
  529  to:
  530         (a) Energy converted from solar radiation, wind, hydraulic
  531  potential, tidal movements, biomass, geothermal sources, and
  532  other energy resources the department commission determines to
  533  be important to the production or supply of energy.
  534         (b) Propane, butane, motor gasoline, kerosene, home heating
  535  oil, diesel fuel, other middle distillates, aviation gasoline,
  536  kerosene-type jet fuel, naphtha-type jet fuel, residual fuels,
  537  crude oil, and other petroleum products and hydrocarbons as may
  538  be determined by the department commission to be of importance.
  539         Section 10. Section 377.603, Florida Statutes, is amended
  540  to read:
  541         377.603 Energy data collection; powers and duties of the
  542  department commission.—
  543         (1) The department commission may collect data on the
  544  extraction, production, importation, exportation, refinement,
  545  transportation, transmission, conversion, storage, sale, or
  546  reserves of energy resources in this state in an efficient and
  547  expeditious manner.
  548         (2) The department commission may prepare periodic reports
  549  of energy data it collects.
  550         (3) The department commission may adopt and promulgate such
  551  rules and regulations as are necessary to carry out the
  552  provisions of ss. 377.601-377.608. Such rules shall be pursuant
  553  to chapter 120.
  554         (4) The department commission shall maintain internal
  555  validation procedures to assure the accuracy of information
  556  received.
  557         Section 11. Section 377.604, Florida Statutes, is amended
  558  to read:
  559         377.604 Required reports.—Every person who produces,
  560  imports, exports, refines, transports, transmits, converts,
  561  stores, sells, or holds known reserves of any form of energy
  562  resources used as fuel shall report to the department
  563  commission, at the request of and in a manner prescribed by the
  564  department commission, on forms provided by the department
  565  commission. Such forms shall be designed in such a manner as to
  566  indicate:
  567         (1) The identity of the person or persons making the
  568  report.
  569         (2) The quantity of energy resources extracted, produced,
  570  imported, exported, refined, transported, transmitted,
  571  converted, stored, or sold except at retail.
  572         (3) The quantity of energy resources known to be held in
  573  reserve in the state.
  574         (4) The identity of each refinery from which petroleum
  575  products have normally been obtained and the type and quantity
  576  of products secured from that refinery for sale or resale in
  577  this state.
  578         (5) Any other information which the department commission
  579  deems proper pursuant to the intent of ss. 377.601-377.608.
  580         Section 12. Section 377.605, Florida Statutes, is amended
  581  to read:
  582         377.605 Use of existing information.—The department
  583  commission may utilize to the fullest extent possible any
  584  existing energy information already prepared for state or
  585  federal agencies. Every state, county, and municipal agency
  586  shall cooperate with the department commission and shall submit
  587  any information on energy to the department commission upon
  588  request.
  589         Section 13. Section 377.606, Florida Statutes, is amended
  590  to read:
  591         377.606 Records of the department commission; limits of
  592  confidentiality.—The information or records of individual
  593  persons, as defined in this section, obtained by the department
  594  commission as a result of a report, investigation, or
  595  verification required by the department commission shall be open
  596  to the public, except such information the disclosure of which
  597  would be likely to cause substantial harm to the competitive
  598  position of the person providing such information and which is
  599  requested to be held confidential by the person providing such
  600  information. Such proprietary information is confidential and
  601  exempt from the provisions of s. 119.07(1). Information reported
  602  by entities other than the department commission in documents or
  603  reports open to public inspection shall under no circumstances
  604  be classified as confidential by the department commission.
  605  Divulgence of proprietary information as is requested to be held
  606  confidential, except upon order of a court of competent
  607  jurisdiction or except to an officer of the state entitled to
  608  receive the same in his or her official capacity, shall be a
  609  misdemeanor of the second degree, punishable as provided in ss.
  610  775.082 and 775.083. Nothing in This section does not shall be
  611  construed to prohibit the publication or divulgence by other
  612  means of data so classified as to prevent identification of
  613  particular accounts or reports made to the department commission
  614  in compliance with s. 377.603 or to prohibit the disclosure of
  615  such information to properly qualified legislative committees.
  616  The department commission shall establish a system which permits
  617  reasonable access to information developed.
  618         Section 14. Section 377.608, Florida Statutes, is amended
  619  to read:
  620         377.608 Prosecution of cases by state attorney.—The state
  621  attorney shall prosecute all cases certified to him or her for
  622  prosecution by the department commission immediately upon
  623  receipt of the evidence transmitted by the department
  624  commission, or as soon thereafter as practicable.
  625         Section 15. Subsections (1), (2), and (3) of section
  626  377.701, Florida Statutes, are amended to read:
  627         377.701 Petroleum allocation.—
  628         (1) The Division of Emergency Management Florida Energy and
  629  Climate Commission shall assume the state’s role in petroleum
  630  allocation and conservation, including the development of a fair
  631  and equitable petroleum plan. The Division of Emergency
  632  Management commission shall constitute the responsible state
  633  agency for performing the functions of any federal program
  634  delegated to the state, which relates to petroleum supply,
  635  demand, and allocation.
  636         (2) The Division of Emergency Management commission shall,
  637  in addition to assuming the duties and responsibilities provided
  638  by subsection (1), perform the following:
  639         (a) In projecting available supplies of petroleum,
  640  coordinate with the Department of Revenue to secure information
  641  necessary to assure the sufficiency and accuracy of data
  642  submitted by persons affected by any federal fuel allocation
  643  program.
  644         (b) Require such periodic reports from public and private
  645  sources as may be necessary to the fulfillment of its
  646  responsibilities under this act. Such reports may include:
  647  petroleum use; all sales, including end-user sales, except
  648  retail gasoline and retail fuel oil sales; inventories; expected
  649  supplies and allocations; and petroleum conservation measures.
  650         (c) In cooperation with the Department of Revenue and other
  651  relevant state agencies, provide for long-range studies
  652  regarding the usage of petroleum in the state in order to:
  653         1. Comprehend the consumption of petroleum resources.
  654         2. Predict future petroleum demands in relation to
  655  available resources.
  656         3. Report the results of such studies to the Legislature.
  657         (3) For the purpose of determining accuracy of data, all
  658  state agencies shall timely provide the Division of Emergency
  659  Management commission with petroleum-use information in a format
  660  suitable to the needs of the allocation program.
  661         Section 16. Section 377.703, Florida Statutes, is amended
  662  to read:
  663         377.703 Additional functions of the Department of
  664  Agriculture and Consumer Services Florida Energy and Climate
  665  Commission.—
  666         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  667  demand questions have become a major area of concern to the
  668  state which must be dealt with by effective and well-coordinated
  669  state action, it is the intent of the Legislature to promote the
  670  efficient, effective, and economical management of energy
  671  problems, centralize energy coordination responsibilities,
  672  pinpoint responsibility for conducting energy programs, and
  673  ensure the accountability of state agencies for the
  674  implementation of s. 377.601(2), the state energy policy. It is
  675  the specific intent of the Legislature that nothing in this act
  676  shall in any way change the powers, duties, and responsibilities
  677  assigned by the Florida Electrical Power Plant Siting Act, part
  678  II of chapter 403, or the powers, duties, and responsibilities
  679  of the Florida Public Service Commission.
  680         (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
  681  department commission shall perform the following functions,
  682  unless as otherwise provided, consistent with the development of
  683  a state energy policy:
  684         (a) The Division of Emergency Management is responsible for
  685  the commission shall assume the responsibility for development
  686  of an energy emergency contingency plan to respond to serious
  687  shortages of primary and secondary energy sources. Upon a
  688  finding by the Governor, implementation of any emergency program
  689  shall be upon order of the Governor that a particular kind or
  690  type of fuel is, or that the occurrence of an event which is
  691  reasonably expected within 30 days will make the fuel, in short
  692  supply. The Division of Emergency Management commission shall
  693  then respond by instituting the appropriate measures of the
  694  contingency plan to meet the given emergency or energy shortage.
  695  The Governor may utilize the provisions of s. 252.36(5) to carry
  696  out any emergency actions required by a serious shortage of
  697  energy sources.
  698         (b) The department is commission shall be responsible for
  699  performing or coordinating the functions of any federal energy
  700  programs delegated to the state, including energy supply,
  701  demand, conservation, or allocation.
  702         (c) The department commission shall analyze present and
  703  proposed federal energy programs and make recommendations
  704  regarding those programs to the Governor and the Legislature.
  705         (d) The department commission shall coordinate efforts to
  706  seek federal support or other support for state energy
  707  activities, including energy conservation, research, or
  708  development, and is shall be responsible for the coordination of
  709  multiagency energy conservation programs and plans.
  710         (e) The department commission shall analyze energy data
  711  collected and prepare long-range forecasts of energy supply and
  712  demand in coordination with the Florida Public Service
  713  Commission, which is responsible shall have responsibility for
  714  electricity and natural gas forecasts. To this end, the
  715  forecasts shall contain:
  716         1. An analysis of the relationship of state economic growth
  717  and development to energy supply and demand, including the
  718  constraints to economic growth resulting from energy supply
  719  constraints.
  720         2. Plans for the development of renewable energy resources
  721  and reduction in dependence on depletable energy resources,
  722  particularly oil and natural gas, and an analysis of the extent
  723  to which renewable energy sources are being utilized in the
  724  state.
  725         3. Consideration of alternative scenarios of statewide
  726  energy supply and demand for 5, 10, and 20 years to identify
  727  strategies for long-range action, including identification of
  728  potential social, economic, and environmental effects.
  729         4. An assessment of the state’s energy resources, including
  730  examination of the availability of commercially developable and
  731  imported fuels, and an analysis of anticipated effects on the
  732  state’s environment and social services resulting from energy
  733  resource development activities or from energy supply
  734  constraints, or both.
  735         (f) The department commission shall submit an annual report
  736  to the Governor and the Legislature reflecting its activities
  737  and making recommendations of policies for improvement of the
  738  state’s response to energy supply and demand and its effect on
  739  the health, safety, and welfare of the people of Florida. The
  740  report shall include a report from the Florida Public Service
  741  Commission on electricity and natural gas and information on
  742  energy conservation programs conducted and underway in the past
  743  year and shall include recommendations for energy conservation
  744  programs for the state, including, but not limited to, the
  745  following factors:
  746         1. Formulation of specific recommendations for improvement
  747  in the efficiency of energy utilization in governmental,
  748  residential, commercial, industrial, and transportation sectors.
  749         2. Collection and dissemination of information relating to
  750  energy conservation.
  751         3. Development and conduct of educational and training
  752  programs relating to energy conservation.
  753         4. An analysis of the ways in which state agencies are
  754  seeking to implement s. 377.601(2), the state energy policy, and
  755  recommendations for better fulfilling this policy.
  756         (g) The department may commission has authority to adopt
  757  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  758  provisions of this act.
  759         (h) The department commission shall promote the development
  760  and use of renewable energy resources, in conformance with the
  761  provisions of chapter 187 and s. 377.601, by:
  762         1. Establishing goals and strategies for increasing the use
  763  of solar energy in this state.
  764         2. Aiding and promoting the commercialization of solar
  765  energy technology, in cooperation with the Florida Solar Energy
  766  Center, Enterprise Florida, Inc., and any other federal, state,
  767  or local governmental agency which may seek to promote research,
  768  development, and demonstration of solar energy equipment and
  769  technology.
  770         3. Identifying barriers to greater use of solar energy
  771  systems in this state, and developing specific recommendations
  772  for overcoming identified barriers, with findings and
  773  recommendations to be submitted annually in the report to the
  774  Governor and Legislature required under paragraph (f).
  775         4. In cooperation with the Department of Environmental
  776  Protection, the Department of Transportation, the Department of
  777  Community Affairs, Enterprise Florida, Inc., the Florida Solar
  778  Energy Center, and the Florida Solar Energy Industries
  779  Association, investigating opportunities, pursuant to the
  780  National Energy Policy Act of 1992, the Housing and Community
  781  Development Act of 1992, and any subsequent federal legislation,
  782  for solar electric vehicles and other solar energy
  783  manufacturing, distribution, installation, and financing efforts
  784  which will enhance this state’s position as the leader in solar
  785  energy research, development, and use.
  786         5. Undertaking other initiatives to advance the development
  787  and use of renewable energy resources in this state.
  788  
  789  In the exercise of its responsibilities under this paragraph,
  790  the department commission shall seek the assistance of the solar
  791  energy industry in this state and other interested parties and
  792  is authorized to enter into contracts, retain professional
  793  consulting services, and expend funds appropriated by the
  794  Legislature for such purposes.
  795         (i) The department commission shall promote energy
  796  conservation in all energy use sectors throughout the state and
  797  shall constitute the state agency primarily responsible for this
  798  function. To this end, The Department of Management Services, in
  799  consultation with the department, commission shall coordinate
  800  the energy conservation programs of all state agencies and
  801  review and comment on the energy conservation programs of all
  802  state agencies.
  803         (j) The department commission shall serve as the state
  804  clearinghouse for indexing and gathering all information related
  805  to energy programs in state universities, in private
  806  universities, in federal, state, and local government agencies,
  807  and in private industry and shall prepare and distribute such
  808  information in any manner necessary to inform and advise the
  809  citizens of the state of such programs and activities. This
  810  shall include developing and maintaining a current index and
  811  profile of all research activities, which shall be identified by
  812  energy area and may include a summary of the project, the amount
  813  and sources of funding, anticipated completion dates, or, in
  814  case of completed research, conclusions, recommendations, and
  815  applicability to state government and private sector functions.
  816  The department commission shall coordinate, promote, and respond
  817  to efforts by all sectors of the economy to seek financial
  818  support for energy activities. The department commission shall
  819  provide information to consumers regarding the anticipated
  820  energy-use and energy-saving characteristics of products and
  821  services in coordination with any federal, state, or local
  822  governmental agencies as may provide such information to
  823  consumers.
  824         (k) The department commission shall coordinate energy
  825  related programs of state government, including, but not limited
  826  to, the programs provided in this section. To this end, the
  827  department commission shall:
  828         1. Provide assistance to other state agencies, counties,
  829  municipalities, and regional planning agencies to further and
  830  promote their energy planning activities.
  831         2. Require, in cooperation with the Department of
  832  Management Services, all state agencies to operate state-owned
  833  and state-leased buildings in accordance with energy
  834  conservation standards as adopted by the Department of
  835  Management Services. Every 3 months, the Department of
  836  Management Services shall furnish the department commission data
  837  on agencies’ energy consumption and emissions of greenhouse
  838  gases in a format prescribed by the department commission.
  839         3. Promote the development and use of renewable energy
  840  resources, energy efficiency technologies, and conservation
  841  measures.
  842         4. Promote the recovery of energy from wastes, including,
  843  but not limited to, the use of waste heat, the use of
  844  agricultural products as a source of energy, and recycling of
  845  manufactured products. Such promotion shall be conducted in
  846  conjunction with, and after consultation with, the Department of
  847  Environmental Protection and the Florida Public Service
  848  Commission where electrical generation or natural gas is
  849  involved, and any other relevant federal, state, or local
  850  governmental agency having responsibility for resource recovery
  851  programs.
  852         (l) The department commission shall develop, coordinate,
  853  and promote a comprehensive research plan for state programs.
  854  Such plan shall be consistent with state energy policy and shall
  855  be updated on a biennial basis.
  856         (m) In recognition of the devastation to the economy of
  857  this state and the dangers to the health and welfare of
  858  residents of this state caused by severe hurricanes, and the
  859  potential for such impacts caused by other natural disasters,
  860  the Division of Emergency Management commission shall include in
  861  its energy emergency contingency plan and provide to the Florida
  862  Building Commission for inclusion in the Florida Energy
  863  Efficiency Code for Building Construction specific provisions to
  864  facilitate the use of cost-effective solar energy technologies
  865  as emergency remedial and preventive measures for providing
  866  electric power, street lighting, and water heating service in
  867  the event of electric power outages.
  868         (3) The Department of Environmental Protection is
  869  commission shall be responsible for the administration of the
  870  Coastal Energy Impact Program provided for and described in Pub.
  871  L. No. 94-370, 16 U.S.C. s. 1456a.
  872         Section 17. Paragraph (h) of subsection (5) of section
  873  377.711, Florida Statutes, is amended to read:
  874         377.711 Florida party to Southern States Energy Compact.
  875  The Southern States Energy Compact is enacted into law and
  876  entered into by the state as a party, and is of full force and
  877  effect between the state and any other states joining therein in
  878  accordance with the terms of the compact, which compact is
  879  substantially as follows:
  880         (5) POWERS.—The board shall have the power to:
  881         (h) Recommend such changes in, or amendments or additions
  882  to, the laws, codes, rules, regulations, administrative
  883  procedures and practices, or ordinances of the party states in
  884  any of the fields of its interest and competence as in its
  885  judgment may be appropriate. Any such recommendation shall be
  886  made, in the case of Florida, through the Department of
  887  Agriculture and Consumer Services Commerce.
  888         Section 18. Section 377.801, Florida Statutes, is amended
  889  to read:
  890         377.801 Short title.—Sections 377.801-377.807 377.801
  891  377.806 may be cited as the “Florida Energy and Climate
  892  Protection Act.”
  893         Section 19. Section 377.803, Florida Statutes, is amended
  894  to read:
  895         377.803 Definitions.—As used in ss. 377.801-377.807
  896  377.801-377.806, the term:
  897         (1) “Act” means the Florida Energy and Climate Protection
  898  Act.
  899         (2) “Department” “Commission” means the Department of
  900  Agriculture and Consumer Services Florida Energy and Climate
  901  Commission.
  902         (3) “Person” means an individual, partnership, joint
  903  venture, private or public corporation, association, firm,
  904  public service company, or any other public or private entity.
  905         (4) “Renewable energy” means electrical, mechanical, or
  906  thermal energy produced from a method that uses one or more of
  907  the following fuels or energy sources: hydrogen, biomass, as
  908  defined in s. 366.91, solar energy, geothermal energy, wind
  909  energy, ocean energy, waste heat, or hydroelectric power.
  910         (5) “Renewable energy technology” means any technology that
  911  generates or utilizes a renewable energy resource.
  912         (6) “Solar energy system” means equipment that provides for
  913  the collection and use of incident solar energy for water
  914  heating, space heating or cooling, or other applications that
  915  would normally require a conventional source of energy such as
  916  petroleum products, natural gas, or electricity that performs
  917  primarily with solar energy. In other systems in which solar
  918  energy is used in a supplemental way, only those components that
  919  collect and transfer solar energy shall be included in this
  920  definition.
  921         (7) “Solar photovoltaic system” means a device that
  922  converts incident sunlight into electrical current.
  923         (8) “Solar thermal system” means a device that traps heat
  924  from incident sunlight in order to heat water.
  925         Section 20. Subsection (1), paragraph (f) of subsection
  926  (2), and subsections (3) through (6) of section 377.804, Florida
  927  Statutes, are amended to read:
  928         377.804 Renewable Energy and Energy-Efficient Technologies
  929  Grants Program.—
  930         (1) The Renewable Energy and Energy-Efficient Technologies
  931  Grants Program is established within the department commission
  932  to provide renewable energy matching grants for demonstration,
  933  commercialization, research, and development projects relating
  934  to renewable energy technologies and innovative technologies
  935  that significantly increase energy efficiency for vehicles and
  936  commercial buildings.
  937         (2) Matching grants for projects described in subsection
  938  (1) may be made to any of the following:
  939         (f) Other qualified persons, as determined by the
  940  department commission.
  941         (3) The department commission may adopt rules pursuant to
  942  ss. 120.536(1) and 120.54 to provide for application
  943  requirements, provide for ranking of applications, and
  944  administer the awarding of grants under this program.
  945         (4) Factors the department commission shall consider in
  946  awarding grants include, but are not limited to:
  947         (a) The availability of matching funds or other in-kind
  948  contributions applied to the total project from an applicant.
  949  The department commission shall give greater preference to
  950  projects that provide such matching funds or other in-kind
  951  contributions.
  952         (b) The degree to which the project stimulates in-state
  953  capital investment and economic development in metropolitan and
  954  rural areas, including the creation of jobs and the future
  955  development of a commercial market for renewable energy
  956  technologies.
  957         (c) The extent to which the proposed project has been
  958  demonstrated to be technically feasible based on pilot project
  959  demonstrations, laboratory testing, scientific modeling, or
  960  engineering or chemical theory that supports the proposal.
  961         (d) The degree to which the project incorporates an
  962  innovative new technology or an innovative application of an
  963  existing technology.
  964         (e) The degree to which a project generates thermal,
  965  mechanical, or electrical energy by means of a renewable energy
  966  resource that has substantial long-term production potential.
  967         (f) The degree to which a project demonstrates efficient
  968  use of energy and material resources.
  969         (g) The degree to which the project fosters overall
  970  understanding and appreciation of renewable energy technologies.
  971         (h) The ability to administer a complete project.
  972         (i) Project duration and timeline for expenditures.
  973         (j) The geographic area in which the project is to be
  974  conducted in relation to other projects.
  975         (k) The degree of public visibility and interaction.
  976         (5) The department commission shall solicit the expertise
  977  of state agencies, Enterprise Florida, Inc., and state
  978  universities, and may solicit the expertise of other public and
  979  private entities it deems appropriate, in evaluating project
  980  proposals. State agencies shall cooperate with the department
  981  commission and provide such assistance as requested.
  982         (6) The commission shall coordinate and actively consult
  983  with the Department of Agriculture and Consumer Services during
  984  the review and approval process of grants relating to bioenergy
  985  projects for renewable energy technology. Factors for
  986  consideration in awarding grants relating to bioenergy projects
  987  may include, but are not limited to, the degree to which:
  988         (a) The project stimulates in-state capital investment and
  989  economic development in metropolitan and rural areas, including
  990  the creation of jobs and the future development of a commercial
  991  market for bioenergy.
  992         (b) The project produces bioenergy from Florida-grown crops
  993  or biomass.
  994         (c) The project demonstrates efficient use of energy and
  995  material resources.
  996         (d) The project fosters overall understanding and
  997  appreciation of bioenergy technologies.
  998         (e) Matching funds and in-kind contributions from an
  999  applicant are available.
 1000         (f) The project duration and the timeline for expenditures
 1001  are acceptable.
 1002         (g) The project has a reasonable assurance of enhancing the
 1003  value of agricultural products or will expand agribusiness in
 1004  the state.
 1005         (h) Preliminary market and feasibility research has been
 1006  conducted by the applicant or others and shows there is a
 1007  reasonable assurance of a potential market.
 1008         Section 21. Subsections (1), (6), and (7) of section
 1009  377.806, Florida Statutes, are amended to read:
 1010         377.806 Solar Energy System Incentives Program.—
 1011         (1) PURPOSE.—The Solar Energy System Incentives Program is
 1012  established within the Department of Agriculture and Consumer
 1013  Services commission to provide financial incentives for the
 1014  purchase and installation of solar energy systems. Any resident
 1015  of the state who purchases and installs a new solar energy
 1016  system of 2 kilowatts or larger for a solar photovoltaic system,
 1017  a solar energy system that provides at least 50 percent of a
 1018  building’s hot water consumption for a solar thermal system, or
 1019  a solar thermal pool heater, from July 1, 2006, through June 30,
 1020  2010, is eligible for a rebate on a portion of the purchase
 1021  price of that solar energy system.
 1022         (6) REBATE AVAILABILITY.—The department commission shall
 1023  determine and publish on a regular basis the amount of rebate
 1024  funds remaining in each fiscal year. The total dollar amount of
 1025  all rebates issued is subject to the total amount of
 1026  appropriations in any fiscal year for this program. If funds are
 1027  insufficient during the current fiscal year, any requests for
 1028  rebates received during that fiscal year may be processed during
 1029  the following fiscal year. Requests for rebates received in a
 1030  fiscal year that are processed during the following fiscal year
 1031  shall be given priority over requests for rebates received
 1032  during the following fiscal year.
 1033         (7) RULES.—The department commission shall adopt rules
 1034  pursuant to ss. 120.536(1) and 120.54 to develop rebate
 1035  applications and administer the issuance of rebates.
 1036         Section 22. Section 377.807, Florida Statutes, is amended
 1037  to read:
 1038         377.807 Energy-efficient appliance rebate program.—
 1039         (1) The department may Florida Energy and Climate
 1040  Commission is authorized to develop and administer a consumer
 1041  rebate program for residential energy-efficient appliances,
 1042  consistent with 42 U.S.C. s. 15821 and any federal agency
 1043  guidance or regulations issued in furtherance of federal law.
 1044         (2) The department commission may adopt rules pursuant to
 1045  ss. 120.536(1) and 120.54 designating eligible appliances,
 1046  rebate amounts, and the administration of the issuance of
 1047  rebates. The rules shall be consistent with 42 U.S.C. s. 15821
 1048  and any subsequent implementing federal regulations or guidance.
 1049         (3) The department may commission is authorized to enter
 1050  into contracts or memoranda of agreement with other agencies of
 1051  the state, public-private partnerships, or other arrangements
 1052  such that the most efficient means of administering consumer
 1053  rebates can be achieved.
 1054         Section 23. Subsections (2) through (5) of section 377.808,
 1055  Florida Statutes, are amended to read:
 1056         377.808 Florida Green Government Grants Act.—
 1057         (2) The department Florida Energy and Climate Commission
 1058  shall use funds specifically appropriated to award grants under
 1059  this section to assist local governments, including
 1060  municipalities, counties, and school districts, in the
 1061  development and implementation of programs that achieve green
 1062  standards. Green standards shall be determined by the department
 1063  commission and shall provide for cost-efficient solutions,
 1064  reducing greenhouse gas emissions, improving quality of life,
 1065  and strengthening the state’s economy.
 1066         (3) The department commission shall adopt rules pursuant to
 1067  chapter 120 to administer the grants provided for in this
 1068  section. In accordance with the rules adopted by the department
 1069  commission under this section, the department commission may
 1070  provide grants from funds specifically appropriated for this
 1071  purpose to local governments for the costs of achieving green
 1072  standards, including necessary administrative expenses. The
 1073  rules of the department commission shall:
 1074         (a) Designate one or more suitable green government
 1075  standards frameworks from which local governments may develop a
 1076  greening government initiative and from which projects may be
 1077  eligible for funding pursuant to this section.
 1078         (b) Require that projects that plan, design, construct,
 1079  upgrade, or replace facilities reduce greenhouse gas emissions
 1080  and be cost-effective, environmentally sound, permittable, and
 1081  implementable.
 1082         (c) Require local governments to match state funds with
 1083  direct project cost sharing or in-kind services.
 1084         (d) Provide for a scale of matching requirements for local
 1085  governments on the basis of population in order to assist rural
 1086  and undeveloped areas of the state with any financial burden of
 1087  addressing climate change impacts.
 1088         (e) Require grant applications to be submitted on
 1089  appropriate forms developed and adopted by the department
 1090  commission with appropriate supporting documentation and require
 1091  records to be maintained.
 1092         (f) Establish a system to determine the relative priority
 1093  of grant applications. The system shall consider greenhouse gas
 1094  reductions, energy savings and efficiencies, and proven
 1095  technologies.
 1096         (g) Establish requirements for competitive procurement of
 1097  engineering and construction services, materials, and equipment.
 1098         (h) Provide for termination of grants when program
 1099  requirements are not met.
 1100         (4) Each local government is limited to not more than two
 1101  grant applications during each application period announced by
 1102  the department commission. However, a local government may not
 1103  have more than three active projects expending grant funds
 1104  during any state fiscal year.
 1105         (5) The department commission shall perform an adequate
 1106  overview of each grant, which may include technical review, site
 1107  inspections, disbursement approvals, and auditing to
 1108  successfully implement this section.
 1109         Section 24. Subsection (1) of section 377.809, Florida
 1110  Statutes, is amended to read:
 1111         377.809 Energy Economic Zone Pilot Program.—
 1112         (1) The Department of Community Affairs, in consultation
 1113  with the Department of Transportation, shall implement an Energy
 1114  Economic Zone Pilot Program for the purpose of developing a
 1115  model to help communities cultivate green economic development,
 1116  encourage renewable electric energy generation, manufacture
 1117  products that contribute to energy conservation and green jobs,
 1118  and further implement chapter 2008-191, Laws of Florida,
 1119  relative to discouraging sprawl and developing energy-efficient
 1120  land use patterns and greenhouse gas reduction strategies. The
 1121  Office of Tourism, Trade, and Economic Development and the
 1122  Department of Agriculture and Consumer Services Florida Energy
 1123  and Climate Commission shall provide technical assistance to the
 1124  departments in developing and administering the program.
 1125         Section 25. Subsections (3) and (6) of section 403.44,
 1126  Florida Statutes, are amended to read:
 1127         403.44 Florida Climate Protection Act.—
 1128         (3) The department may adopt rules for a cap-and-trade
 1129  regulatory program to reduce greenhouse gas emissions from major
 1130  emitters. When developing the rules, the department shall
 1131  consult with the Department of Agriculture and Consumer Services
 1132  Florida Energy and Climate Commission and the Florida Public
 1133  Service Commission and may consult with the Governor’s Action
 1134  Team for Energy and Climate Change. The department shall not
 1135  adopt rules until after January 1, 2010. The rules shall not
 1136  become effective until ratified by the Legislature.
 1137         (6) Recognizing that the international, national, and
 1138  neighboring state policies and the science of climate change
 1139  will evolve, prior to submitting the proposed rules to the
 1140  Legislature for consideration, the department shall submit the
 1141  proposed rules to the Department of Agriculture and Consumer
 1142  Services Florida Energy and Climate Commission, which shall
 1143  review the proposed rules and submit a report to the Governor,
 1144  the President of the Senate, the Speaker of the House of
 1145  Representatives, and the department. The report shall address:
 1146         (a) The overall cost-effectiveness of the proposed cap-and
 1147  trade system in combination with other policies and measures in
 1148  meeting statewide targets.
 1149         (b) The administrative burden to the state of implementing,
 1150  monitoring, and enforcing the program.
 1151         (c) The administrative burden on entities covered under the
 1152  cap.
 1153         (d) The impacts on electricity prices for consumers.
 1154         (e) The specific benefits to the state’s economy for early
 1155  adoption of a cap-and-trade system for greenhouse gases in the
 1156  context of federal climate change legislation and the
 1157  development of new international compacts.
 1158         (f) The specific benefits to the state’s economy associated
 1159  with the creation and sale of emissions offsets from economic
 1160  sectors outside of the emissions cap.
 1161         (g) The potential effects on leakage if economic activity
 1162  relocates out of the state.
 1163         (h) The effectiveness of the combination of measures in
 1164  meeting identified targets.
 1165         (i) The economic implications for near-term periods of
 1166  short-term and long-term targets specified in the overall
 1167  policy.
 1168         (j) The overall costs and benefits of a cap-and-trade
 1169  system to the economy of the state.
 1170         (k) The impacts on low-income consumers that result from
 1171  energy price increases.
 1172         (l) The consistency of the program with other state and
 1173  possible federal efforts.
 1174         (m) The evaluation of the conditions under which the state
 1175  should consider linking its trading system to the systems of
 1176  other states or other countries and how that might be affected
 1177  by the potential inclusion in the rule of a safety valve.
 1178         (n) The timing and changes in the external environment,
 1179  such as proposals by other states or implementation of a federal
 1180  program that would spur reevaluation of the Florida program.
 1181         (o) The conditions and options for eliminating the Florida
 1182  program if a federal program were to supplant it.
 1183         (p) The need for a regular reevaluation of the progress of
 1184  other emitting regions of the country and of the world, and
 1185  whether other regions are abating emissions in a commensurate
 1186  manner.
 1187         (q) The desirability of and possibilities of broadening the
 1188  scope of the state’s cap-and-trade system at a later date to
 1189  include more emitting activities as well as sinks in Florida,
 1190  the conditions that would need to be met to do so, and how the
 1191  program would encourage these conditions to be met, including
 1192  developing monitoring and measuring techniques for land use
 1193  emissions and sinks, regulating sources upstream, and other
 1194  considerations.
 1195         Section 26. Section 526.207, Florida Statutes, is amended
 1196  to read:
 1197         526.207 Studies and reports.—
 1198         (1) The Department of Agriculture and Consumer Services
 1199  Florida Energy and Climate Commission shall conduct a study to
 1200  evaluate and recommend the life-cycle greenhouse gas emissions
 1201  associated with all renewable fuels, including, but not limited
 1202  to, biodiesel, renewable diesel, biobutanol, and ethanol derived
 1203  from any source. In addition, the department commission shall
 1204  evaluate and recommend a requirement that all renewable fuels
 1205  introduced into commerce in the state, as a result of the
 1206  renewable fuel standard, shall reduce the life-cycle greenhouse
 1207  gas emissions by an average percentage. The department
 1208  commission may also evaluate and recommend any benefits
 1209  associated with the creation, banking, transfer, and sale of
 1210  credits among fuel refiners, blenders, and importers.
 1211         (2) The Department of Agriculture and Consumer Services
 1212  Florida Energy and Climate Commission shall submit a report
 1213  containing specific recommendations to the President of the
 1214  Senate and the Speaker of the House of Representatives no later
 1215  than December 31, 2010.
 1216         Section 27. Section 570.074, Florida Statutes, is amended
 1217  to read:
 1218         570.074 Department of Agriculture and Consumer Services;
 1219  energy and water policy coordination.—The commissioner may
 1220  create an Office of Energy and Water Coordination under the
 1221  supervision of a senior manager exempt under s. 110.205 in the
 1222  Senior Management Service. The commissioner may designate the
 1223  bureaus and positions in the various organizational divisions of
 1224  the department that report to this office relating to any matter
 1225  over which the department has jurisdiction in matters relating
 1226  to energy and water policy affecting agriculture, application of
 1227  such policies, and coordination of such matters with state and
 1228  federal agencies.
 1229         Section 28. Subsection (3) of section 570.954, Florida
 1230  Statutes, is amended to read:
 1231         570.954 Farm-to-fuel initiative.—
 1232         (3) The department shall coordinate with and solicit the
 1233  expertise of the state energy office within the Department of
 1234  Environmental Protection when developing and implementing this
 1235  initiative.
 1236         Section 29. Subsections (5), (11), (12), and (13) of
 1237  section 1004.648, Florida Statutes, are amended to read:
 1238         1004.648 Florida Energy Systems Consortium.—
 1239         (5) The director, whose office is shall be located at the
 1240  University of Florida, shall report to the Department of
 1241  Agriculture and Consumer Services Florida Energy and Climate
 1242  Commission created pursuant to s. 377.6015.
 1243         (11) The oversight board, in consultation with the
 1244  Department of Agriculture and Consumer Services Florida Energy
 1245  and Climate Commission, shall ensure that the consortium:
 1246         (a) Maintains accurate records of any funds received by the
 1247  consortium.
 1248         (b) Meets financial and technical performance expectations,
 1249  which may include external technical reviews as required.
 1250         (12) The steering committee shall consist of the university
 1251  representatives included in the Centers of Excellence proposals
 1252  for the Florida Energy Systems Consortium and the Center of
 1253  Excellence in Ocean Energy Technology-Phase II which were
 1254  reviewed during the 2007-2008 fiscal year by the Florida
 1255  Technology, Research, and Scholarship Board created in s.
 1256  1004.226(4); a university representative appointed by the
 1257  President of Florida International University; and a
 1258  representative of the Department of Agriculture and Consumer
 1259  Services Florida Energy and Climate Commission. The steering
 1260  committee is shall be responsible for establishing and ensuring
 1261  the success of the consortium’s mission under subsection (9).
 1262         (13) By November 1 of each year, the consortium shall
 1263  submit an annual report to the Governor, the President of the
 1264  Senate, the Speaker of the House of Representatives, and the
 1265  Department of Agriculture and Consumer Services Florida Energy
 1266  and Climate Commission regarding its activities, including, but
 1267  not limited to, education and research related to, and the
 1268  development and deployment of, alternative energy technologies.
 1269         Section 30. Sections 1 and 2 of chapter 2010-282, Laws of
 1270  Florida, are amended to read:
 1271         Section 1. (1) As provided in this section and section 2, a
 1272  portion of the total amount appropriated in this act shall be
 1273  used utilized by the Department of Agriculture and Consumer
 1274  Services Florida Energy and Climate Commission to pay rebates to
 1275  eligible applicants who submit an application pursuant to the
 1276  Florida ENERGY STAR Residential HVAC Rebate Program administered
 1277  by the department commission, as approved by the United States
 1278  Department of Energy. An applicant is eligible for a rebate
 1279  under this section if:
 1280         (a) A complete application is submitted to the department
 1281  commission on or before November 30, 2010.
 1282         (b) The central air conditioner, air source heat pump, or
 1283  geothermal heat pump system replacement for which the applicant
 1284  is seeking a rebate was purchased from or contracted for
 1285  purchase with a Florida-licensed contractor after August 29,
 1286  2010, but before September 15, 2010, and fully installed prior
 1287  to submission of the application for a rebate.
 1288         (c) The department commission determines that the
 1289  application complies with this section and any existing
 1290  agreement with the United States Department of Energy governing
 1291  the Florida ENERGY STAR Residential HVAC Rebate Program.
 1292         (d) The applicant provides the following information to the
 1293  department commission on or before November 30, 2010:
 1294         1.a. A copy of the sales receipt indicating a date of
 1295  purchase after August 29, 2010, but before September 15, 2010,
 1296  with the make and model number identified and circled along with
 1297  the name and address of the Florida-licensed contractor who
 1298  installed the system; or
 1299         b. A copy of the contract for the purchase and installation
 1300  of the system indicating a contract date after August 29, 2010,
 1301  but before September 15, 2010, and a copy of the sales receipt
 1302  indicating a date of purchase after August 29, 2010, but on or
 1303  before November 30, 2010, with the make and model number
 1304  identified and circled along with the name and address of the
 1305  Florida-licensed contractor who installed the system.
 1306         2. A copy of the mechanical building permit issued by the
 1307  county or municipality and pulled by the Florida-licensed
 1308  contractor who installed the system for the residence.
 1309         3. A copy of the Air Distribution System Test Report
 1310  results from a Florida-certified Class 1 energy gauge rater, a
 1311  Florida-licensed mechanical contractor, or a recognized test and
 1312  balance agent. The results from the test must indicate the home
 1313  has no more than 15 percent leakage to the outside as measured
 1314  by 0.10 Qn.out or less.
 1315         4. A copy of the summary of the Manual J program completed
 1316  for the residence to indicate that the proper methodology for
 1317  sizing the new system was completed.
 1318         (2) The Department of Agriculture and Consumer Services
 1319  Florida Energy and Climate Commission shall pay a $1,500 rebate
 1320  to each consumer who submits an application pursuant to the
 1321  Florida ENERGY STAR Residential HVAC Rebate Program if the
 1322  application is approved by the department commission in
 1323  accordance with this act. The department commission shall pay
 1324  all rebates authorized in this section prior to paying any
 1325  rebates authorized in section 2.
 1326         Section 2. Notwithstanding s. 377.806(6), Florida Statutes,
 1327  the Department of Agriculture and Consumer Services Florida
 1328  Energy and Climate Commission shall utilize up to $28,902,623,
 1329  less any amount in excess of $2,467,244 used to pay rebates
 1330  pursuant to section 1, to pay a percentage of each unpaid and
 1331  approved rebate application submitted pursuant to the Solar
 1332  Energy System Incentives Program established in s. 377.806,
 1333  Florida Statutes. An applicant is eligible for a rebate under
 1334  this section if the application submitted complies with s.
 1335  377.806, Florida Statutes. The percentage of each approved
 1336  rebate to be paid shall be derived by dividing the remaining
 1337  appropriation by the total dollar value of the backlog of final
 1338  approved solar rebates, pursuant to the authorized limits
 1339  provided in s. 377.806, Florida Statutes.
 1340         Section 31. For the 2011-2012 fiscal year only,
 1341  notwithstanding s. 216.181(2)(b), Florida Statutes, the
 1342  Department of Agriculture may submit an amendment to the
 1343  Legislative Budget Commission for increased budget authority for
 1344  a fixed capital outlay appropriation for federal energy grants.
 1345  Any such amendment is subject to the review and notice
 1346  procedures provided in s. 216.177, Florida Statutes.
 1347         Section 32. This act shall take effect July 1, 2011.
 1348  
 1349  ================= T I T L E  A M E N D M E N T ================
 1350         And the title is amended as follows:
 1351         Delete everything before the enacting clause
 1352  and insert:
 1353                        A bill to be entitled                      
 1354         An act relating to the Florida Energy and Climate
 1355         Commission; transferring the duties of the Florida
 1356         Energy and Climate Commission with respect to planning
 1357         and developing the state’s energy policy and its
 1358         duties under the Florida Energy and Climate Protection
 1359         Act to the Department of Agriculture and Consumer
 1360         Services; providing for the transfer of the
 1361         commission’s duties and records, personnel, property,
 1362         unexpended balances of appropriations, allocations,
 1363         and other funds, administrative authority,
 1364         administrative rules, pending issues, and existing
 1365         contracts to the Department of Agriculture and
 1366         Consumer Services; amending ss. 213.053, 220.192,
 1367         288.1089, 288.9607, 366.82, 366.92, 377.6015, 377.602,
 1368         377.603, 377.604, 377.605, 377.606, and 377.608, F.S.;
 1369         eliminating the Florida Energy and Climate Commission
 1370         and transferring its duties to the Department of
 1371         Agriculture and Consumer Services; conforming
 1372         provisions to changes made by the act; amending s.
 1373         377.701, F.S.; transferring the duties of petroleum
 1374         allocation from the Florida Energy and Climate
 1375         Commission to the Division of Emergency Management;
 1376         amending s. 377.703, F.S.; conforming provisions to
 1377         changes made by the act; transferring energy emergency
 1378         contingency plans to the Division of Emergency
 1379         Management; providing for the Department of Management
 1380         Services to coordinate the energy conservation
 1381         programs of all state agencies; transferring
 1382         administration of the Coastal Energy Impact Program to
 1383         the Department of Environmental Protection; amending
 1384         ss. 377.711, 377.801, 377.803, 377.804, 377.806,
 1385         377.807, 377.808, 377.809, 403.44, 526.207, 570.954,
 1386         and 1004.648, F.S.; conforming provisions to changes
 1387         made by the act; amending s. 570.074, F.S.; providing
 1388         for the creation of the Office of Energy and Water
 1389         within the Department of Agriculture and Consumer
 1390         Services; amending ss. 1 and 2 of chapter 2010-282,
 1391         Laws of Florida; conforming cross references in the
 1392         chapter to changes made in the act; authorizing the
 1393         Department of Agriculture to submit a request to the
 1394         Legislative Budget Commission for a fixed capital
 1395         outlay appropriation for federal energy grants;
 1396         providing an effective date.