ENROLLED
2011 Legislature SB 2106, 1st Engrossed
20112106er
1
2 An act relating to the Florida Energy and Climate
3 Commission; transferring the duties of the Florida
4 Energy and Climate Commission with respect to planning
5 and developing the state’s energy policy and its
6 duties under the Florida Energy and Climate Protection
7 Act to the Department of Agriculture and Consumer
8 Services; providing for the transfer of the
9 commission’s duties and records, personnel, property,
10 unexpended balances of appropriations, allocations,
11 and other funds, administrative authority,
12 administrative rules, pending issues, and existing
13 contracts to the Department of Agriculture and
14 Consumer Services; amending ss. 213.053, 220.192,
15 288.1089, 288.9607, 366.82, 366.92, 377.6015, 377.602,
16 377.603, 377.604, 377.605, 377.606, and 377.608, F.S.;
17 eliminating the Florida Energy and Climate Commission
18 and transferring its duties to the Department of
19 Agriculture and Consumer Services; conforming
20 provisions to changes made by the act; amending s.
21 377.701, F.S.; transferring the duties of petroleum
22 allocation from the Florida Energy and Climate
23 Commission to the Division of Emergency Management;
24 amending s. 377.703, F.S.; conforming provisions to
25 changes made by the act; transferring energy emergency
26 contingency plans to the Division of Emergency
27 Management; providing for the Department of Management
28 Services to coordinate the energy conservation
29 programs of all state agencies; transferring
30 administration of the Coastal Energy Impact Program to
31 the Department of Environmental Protection; amending
32 ss. 377.711, 377.801, 377.803, 377.804, 377.806,
33 377.807, 377.808, 377.809, 403.44, 526.207, 570.954,
34 and 1004.648, F.S.; conforming provisions to changes
35 made by the act; amending s. 570.074, F.S.; providing
36 for the creation of the Office of Energy and Water
37 within the Department of Agriculture and Consumer
38 Services; amending ss. 1 and 2 of chapter 2010-282,
39 Laws of Florida; conforming cross references in the
40 chapter to changes made in the act; authorizing the
41 Department of Agriculture to submit a request to the
42 Legislative Budget Commission for a fixed capital
43 outlay appropriation for federal energy grants;
44 providing an effective date.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. The powers, duties, functions, records,
49 personnel, property, pending issues and existing contracts,
50 administrative authority, administrative rules, and unexpended
51 balances of appropriations, allocations, and other funds of the
52 Florida Energy and Climate Commission within the Executive
53 Office of the Governor are transferred by a type two transfer,
54 as defined in s. 20.06(2), Florida Statutes, to the Department
55 of Agriculture and Consumer Services.
56 Section 2. Paragraph (y) of subsection (8) of section
57 213.053, Florida Statutes, is amended to read:
58 213.053 Confidentiality and information sharing.—
59 (8) Notwithstanding any other provision of this section,
60 the department may provide:
61 (y) Information relative to ss. 212.08(7)(ccc) and 220.192
62 to the Department of Agriculture and Consumer Services Florida
63 Energy and Climate Commission for use in the conduct of its
64 official business.
65
66 Disclosure of information under this subsection shall be
67 pursuant to a written agreement between the executive director
68 and the agency. Such agencies, governmental or nongovernmental,
69 shall be bound by the same requirements of confidentiality as
70 the Department of Revenue. Breach of confidentiality is a
71 misdemeanor of the first degree, punishable as provided by s.
72 775.082 or s. 775.083.
73 Section 3. Subsections (3), (4), (5), and (8) and paragraph
74 (b) of subsection (6) of section 220.192, Florida Statutes, are
75 amended to read:
76 220.192 Renewable energy technologies investment tax
77 credit.—
78 (3) CORPORATE APPLICATION PROCESS.—Any corporation wishing
79 to obtain tax credits available under this section must submit
80 to the Department of Agriculture and Consumer Services Florida
81 Energy and Climate Commission an application for tax credit that
82 includes a complete description of all eligible costs for which
83 the corporation is seeking a credit and a description of the
84 total amount of credits sought. The Department of Agriculture
85 and Consumer Services Florida Energy and Climate Commission
86 shall make a determination on the eligibility of the applicant
87 for the credits sought and certify the determination to the
88 applicant and the Department of Revenue. The corporation must
89 attach the Department of Agriculture and Consumer Services’
90 Florida Energy and Climate Commission’s certification to the tax
91 return on which the credit is claimed. The Department of
92 Agriculture and Consumer Services is Florida Energy and Climate
93 Commission shall be responsible for ensuring that the corporate
94 income tax credits granted in each fiscal year do not exceed the
95 limits provided for in this section. The Department of
96 Agriculture and Consumer Services may Florida Energy and Climate
97 Commission is authorized to adopt the necessary rules,
98 guidelines, and forms application materials for the application
99 process.
100 (4) TAXPAYER APPLICATION PROCESS.—To claim a credit under
101 this section, each taxpayer must apply to the Department of
102 Agriculture and Consumer Services Florida Energy and Climate
103 Commission for an allocation of each type of annual credit by
104 the date established by the Department of Agriculture and
105 Consumer Services Florida Energy and Climate Commission. The
106 application form adopted may be established by the Department of
107 Agriculture and Consumer Services Florida Energy and Climate
108 Commission. The form must include an affidavit from each
109 taxpayer certifying that all information contained in the
110 application, including all records of eligible costs claimed as
111 the basis for the tax credit, are true and correct. Approval of
112 the credits under this section is shall be accomplished on a
113 first-come, first-served basis, based upon the date complete
114 applications are received by the Department of Agriculture and
115 Consumer Services Florida Energy and Climate Commission. A
116 taxpayer must shall submit only one complete application based
117 upon eligible costs incurred within a particular state fiscal
118 year. Incomplete placeholder applications will not be accepted
119 and will not secure a place in the first-come, first-served
120 application line. If a taxpayer does not receive a tax credit
121 allocation due to the exhaustion of the annual tax credit
122 authorizations, then such taxpayer may reapply in the following
123 year for those eligible costs and will have priority over other
124 applicants for the allocation of credits.
125 (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF CREDITS.—
126 (a) In addition to its existing audit and investigation
127 authority, the Department of Revenue may perform any additional
128 financial and technical audits and investigations, including
129 examining the accounts, books, and records of the tax credit
130 applicant, which are necessary to verify the eligible costs
131 included in the tax credit return and to ensure compliance with
132 this section. The Department of Agriculture and Consumer
133 Services Florida Energy and Climate Commission shall provide
134 technical assistance when requested by the Department of Revenue
135 on any technical audits or examinations performed pursuant to
136 this section.
137 (b) It is grounds for forfeiture of previously claimed and
138 received tax credits if the Department of Revenue determines, as
139 a result of an audit or examination or from information received
140 from the Department of Agriculture and Consumer Services Florida
141 Energy and Climate Commission, that a taxpayer received tax
142 credits pursuant to this section to which the taxpayer was not
143 entitled. The taxpayer is responsible for returning forfeited
144 tax credits to the Department of Revenue, and such funds shall
145 be paid into the General Revenue Fund of the state.
146 (c) The Department of Agriculture and Consumer Services
147 Florida Energy and Climate Commission may revoke or modify any
148 written decision granting eligibility for tax credits under this
149 section if it is discovered that the tax credit applicant
150 submitted any false statement, representation, or certification
151 in any application, record, report, plan, or other document
152 filed in an attempt to receive tax credits under this section.
153 The Department of Agriculture and Consumer Services Florida
154 Energy and Climate Commission shall immediately notify the
155 Department of Revenue of any revoked or modified orders
156 affecting previously granted tax credits. Additionally, the
157 taxpayer must notify the Department of Revenue of any change in
158 its tax credit claimed.
159 (d) The taxpayer shall file with the Department of Revenue
160 an amended return or such other report as the Department of
161 Revenue prescribes by rule and shall pay any required tax and
162 interest within 60 days after the taxpayer receives notification
163 from the Department of Agriculture and Consumer Services Florida
164 Energy and Climate Commission that previously approved tax
165 credits have been revoked or modified. If the revocation or
166 modification order is contested, the taxpayer shall file an
167 amended return or other report as provided in this paragraph
168 within 60 days after a final order is issued after proceedings.
169 (e) A notice of deficiency may be issued by the Department
170 of Revenue at any time within 3 years after the taxpayer
171 receives formal notification from the Department of Agriculture
172 and Consumer Services Florida Energy and Climate Commission that
173 previously approved tax credits have been revoked or modified.
174 If a taxpayer fails to notify the Department of Revenue of any
175 changes to its tax credit claimed, a notice of deficiency may be
176 issued at any time.
177 (6) TRANSFERABILITY OF CREDIT.—
178 (b) To perfect the transfer, the transferor shall provide
179 the Department of Revenue with a written transfer statement
180 notifying the Department of Revenue of the transferor’s intent
181 to transfer the tax credits to the transferee; the date the
182 transfer is effective; the transferee’s name, address, and
183 federal taxpayer identification number; the tax period; and the
184 amount of tax credits to be transferred. The Department of
185 Revenue shall, upon receipt of a transfer statement conforming
186 to the requirements of this section, provide the transferee with
187 a certificate reflecting the tax credit amounts transferred. A
188 copy of the certificate must be attached to each tax return for
189 which the transferee seeks to apply such tax credits.
190 (8) PUBLICATION.—The Department of Agriculture and Consumer
191 Services Florida Energy and Climate Commission shall determine
192 and publish on a regular basis the amount of available tax
193 credits remaining in each fiscal year.
194 Section 4. Paragraphs (d) and (e) of subsection (2) and
195 subsection (5) of section 288.1089, Florida Statutes, are
196 amended to read:
197 288.1089 Innovation Incentive Program.—
198 (2) As used in this section, the term:
199 (d) “Commission” means the Florida Energy and Climate
200 Commission.
201 (d)(e) “Cumulative investment” means cumulative capital
202 investment and all eligible capital costs, as defined in s.
203 220.191.
204 (e) “Department” means the Department of Agriculture and
205 Consumer Services.
206 (5) Enterprise Florida, Inc., shall evaluate proposals for
207 all three categories of innovation incentive awards and transmit
208 recommendations for awards to the office. Before making its
209 recommendations on alternative and renewable energy projects,
210 Enterprise Florida, Inc., shall solicit comments and
211 recommendations from the department Florida Energy and Climate
212 Commission. For each project, the evaluation and recommendation
213 to the office must include, but need not be limited to:
214 (a) A description of the project, its required facilities,
215 and the associated product, service, or research and development
216 associated with the project.
217 (b) The percentage of match provided for the project.
218 (c) The number of full-time equivalent jobs that will be
219 created by the project, the total estimated average annual wages
220 of such jobs, and the types of business activities and jobs
221 likely to be stimulated by the project.
222 (d) The cumulative investment to be dedicated to the
223 project within 5 years and the total investment expected in the
224 project if more than 5 years.
225 (e) The projected economic and fiscal impacts on the local
226 and state economies relative to investment.
227 (f) A statement of any special impacts the project is
228 expected to stimulate in a particular business sector in the
229 state or regional economy or in the state’s universities and
230 community colleges.
231 (g) A statement of any anticipated or proposed
232 relationships with state universities.
233 (h) A statement of the role the incentive is expected to
234 play in the decision of the applicant to locate or expand in
235 this state.
236 (i) A recommendation and explanation of the amount of the
237 award needed to cause the applicant to expand or locate in this
238 state.
239 (j) A discussion of the efforts and commitments made by the
240 local community in which the project is to be located to induce
241 the applicant’s location or expansion, taking into consideration
242 local resources and abilities.
243 (k) A recommendation for specific performance criteria the
244 applicant would be expected to achieve in order to receive
245 payments from the fund and penalties or sanctions for failure to
246 meet or maintain performance conditions.
247 (l) Additional evaluative criteria for a research and
248 development facility project, including:
249 1. A description of the extent to which the project has the
250 potential to serve as catalyst for an emerging or evolving
251 cluster.
252 2. A description of the extent to which the project has or
253 could have a long-term collaborative research and development
254 relationship with one or more universities or community colleges
255 in this state.
256 3. A description of the existing or projected impact of the
257 project on established clusters or targeted industry sectors.
258 4. A description of the project’s contribution to the
259 diversity and resiliency of the innovation economy of this
260 state.
261 5. A description of the project’s impact on special needs
262 communities, including, but not limited to, rural areas,
263 distressed urban areas, and enterprise zones.
264 (m) Additional evaluative criteria for alternative and
265 renewable energy proposals, including:
266 1. The availability of matching funds or other in-kind
267 contributions applied to the total project from an applicant.
268 The department commission shall give greater preference to
269 projects that provide such matching funds or other in-kind
270 contributions.
271 2. The degree to which the project stimulates in-state
272 capital investment and economic development in metropolitan and
273 rural areas, including the creation of jobs and the future
274 development of a commercial market for renewable energy
275 technologies.
276 3. The extent to which the proposed project has been
277 demonstrated to be technically feasible based on pilot project
278 demonstrations, laboratory testing, scientific modeling, or
279 engineering or chemical theory that supports the proposal.
280 4. The degree to which the project incorporates an
281 innovative new technology or an innovative application of an
282 existing technology.
283 5. The degree to which a project generates thermal,
284 mechanical, or electrical energy by means of a renewable energy
285 resource that has substantial long-term production potential.
286 6. The degree to which a project demonstrates efficient use
287 of energy and material resources.
288 7. The degree to which the project fosters overall
289 understanding and appreciation of renewable energy technologies.
290 8. The ability to administer a complete project.
291 9. Project duration and timeline for expenditures.
292 10. The geographic area in which the project is to be
293 conducted in relation to other projects.
294 11. The degree of public visibility and interaction.
295 Section 5. Subsection (9) of section 288.9607, Florida
296 Statutes, is amended to read:
297 288.9607 Guaranty of bond issues.—
298 (9) The membership of the corporation is authorized and
299 directed to conduct such investigation as it may deem necessary
300 for promulgation of regulations to govern the operation of the
301 guaranty program authorized by this section. The regulations may
302 include such other additional provisions, restrictions, and
303 conditions as the corporation, after its investigation referred
304 to in this subsection, shall determine to be proper to achieve
305 the most effective utilization of the guaranty program. This may
306 include, without limitation, a detailing of the remedies that
307 must be exhausted by bondholders, a trustee acting on their
308 behalf, or other credit provided before calling upon the
309 corporation to perform under its guaranty agreement and the
310 subrogation of other rights of the corporation with reference to
311 the capital project and its operation or the financing in the
312 event the corporation makes payment pursuant to the applicable
313 guaranty agreement. The regulations promulgated by the
314 corporation to govern the operation of the guaranty program may
315 contain specific provisions with respect to the rights of the
316 corporation to enter, take over, and manage all financed
317 properties upon default. These regulations shall be submitted by
318 the corporation to the Department of Agriculture and Consumer
319 Services Florida Energy and Climate Commission for approval.
320 Section 6. Subsection (5) of section 366.82, Florida
321 Statutes, is amended to read:
322 366.82 Definition; goals; plans; programs; annual reports;
323 energy audits.—
324 (5) The Department of Agriculture and Consumer Services
325 Florida Energy and Climate Commission shall be a party in the
326 proceedings to adopt goals and shall file with the commission
327 comments on the proposed goals, including, but not limited to:
328 (a) An evaluation of utility load forecasts, including an
329 assessment of alternative supply-side and demand-side resource
330 options.
331 (b) An analysis of various policy options that can be
332 implemented to achieve a least-cost strategy, including
333 nonutility programs targeted at reducing and controlling the per
334 capita use of electricity in the state.
335 (c) An analysis of the impact of state and local building
336 codes and appliance efficiency standards on the need for
337 utility-sponsored conservation and energy efficiency measures
338 and programs.
339 Section 7. Subsection (3) of section 366.92, Florida
340 Statutes, is amended to read:
341 366.92 Florida renewable energy policy.—
342 (3) The commission shall adopt rules for a renewable
343 portfolio standard requiring each provider to supply renewable
344 energy to its customers directly, by procuring, or through
345 renewable energy credits. In developing the RPS rule, the
346 commission shall consult the Department of Environmental
347 Protection and the Department of Agriculture and Consumer
348 Services Florida Energy and Climate Commission. The rule shall
349 not be implemented until ratified by the Legislature. The
350 commission shall present a draft rule for legislative
351 consideration by February 1, 2009.
352 (a) In developing the rule, the commission shall evaluate
353 the current and forecasted levelized cost in cents per kilowatt
354 hour through 2020 and current and forecasted installed capacity
355 in kilowatts for each renewable energy generation method through
356 2020.
357 (b) The commission’s rule:
358 1. Shall include methods of managing the cost of compliance
359 with the renewable portfolio standard, whether through direct
360 supply or procurement of renewable power or through the purchase
361 of renewable energy credits. The commission shall have
362 rulemaking authority for providing annual cost recovery and
363 incentive-based adjustments to authorized rates of return on
364 common equity to providers to incentivize renewable energy.
365 Notwithstanding s. 366.91(3) and (4), upon the ratification of
366 the rules developed pursuant to this subsection, the commission
367 may approve projects and power sales agreements with renewable
368 power producers and the sale of renewable energy credits needed
369 to comply with the renewable portfolio standard. In the event of
370 any conflict, this subparagraph shall supersede s. 366.91(3) and
371 (4). However, nothing in this section shall alter the obligation
372 of each public utility to continuously offer a purchase contract
373 to producers of renewable energy.
374 2. Shall provide for appropriate compliance measures and
375 the conditions under which noncompliance shall be excused due to
376 a determination by the commission that the supply of renewable
377 energy or renewable energy credits was not adequate to satisfy
378 the demand for such energy or that the cost of securing
379 renewable energy or renewable energy credits was cost
380 prohibitive.
381 3. May provide added weight to energy provided by wind and
382 solar photovoltaic over other forms of renewable energy, whether
383 directly supplied or procured or indirectly obtained through the
384 purchase of renewable energy credits.
385 4. Shall determine an appropriate period of time for which
386 renewable energy credits may be used for purposes of compliance
387 with the renewable portfolio standard.
388 5. Shall provide for monitoring of compliance with and
389 enforcement of the requirements of this section.
390 6. Shall ensure that energy credited toward compliance with
391 the requirements of this section is not credited toward any
392 other purpose.
393 7. Shall include procedures to track and account for
394 renewable energy credits, including ownership of renewable
395 energy credits that are derived from a customer-owned renewable
396 energy facility as a result of any action by a customer of an
397 electric power supplier that is independent of a program
398 sponsored by the electric power supplier.
399 8. Shall provide for the conditions and options for the
400 repeal or alteration of the rule in the event that new
401 provisions of federal law supplant or conflict with the rule.
402 (c) Beginning on April 1 of the year following final
403 adoption of the commission’s renewable portfolio standard rule,
404 each provider shall submit a report to the commission describing
405 the steps that have been taken in the previous year and the
406 steps that will be taken in the future to add renewable energy
407 to the provider’s energy supply portfolio. The report shall
408 state whether the provider was in compliance with the renewable
409 portfolio standard during the previous year and how it will
410 comply with the renewable portfolio standard in the upcoming
411 year.
412 Section 8. Section 377.6015, Florida Statutes, is amended
413 to read:
414 377.6015 Department of Agriculture and Consumer Services;
415 powers and duties Florida Energy and Climate Commission.—
416 (1) The Florida Energy and Climate Commission is created
417 within the Executive Office of the Governor. The commission
418 shall be comprised of nine members appointed by the Governor,
419 the Commissioner of Agriculture, and the Chief Financial
420 Officer.
421 (a) The Governor shall appoint one member from three
422 persons nominated by the Florida Public Service Commission
423 Nominating Council, created in s. 350.031, to each of seven
424 seats on the commission. The Commissioner of Agriculture shall
425 appoint one member from three persons nominated by the council
426 to one seat on the commission. The Chief Financial Officer shall
427 appoint one member from three persons nominated by the council
428 to one seat on the commission.
429 1. The council shall submit the recommendations to the
430 Governor, the Commissioner of Agriculture, and the Chief
431 Financial Officer by September 1 of those years in which the
432 terms are to begin the following October or within 60 days after
433 a vacancy occurs for any reason other than the expiration of the
434 term. The Governor, the Commissioner of Agriculture, and the
435 Chief Financial Officer may proffer names of persons to be
436 considered for nomination by the council.
437 2. The Governor, the Commissioner of Agriculture, and the
438 Chief Financial Officer shall fill a vacancy occurring on the
439 commission by appointment of one of the applicants nominated by
440 the council only after a background investigation of such
441 applicant has been conducted by the Department of Law
442 Enforcement.
443 3. Members shall be appointed to 3-year terms; however, in
444 order to establish staggered terms, for the initial
445 appointments, the Governor shall appoint four members to 3-year
446 terms, two members to 2-year terms, and one member to a 1-year
447 term, and the Commissioner of Agriculture and the Chief
448 Financial Officer shall each appoint one member to a 3-year term
449 and shall appoint a successor when that appointee’s term expires
450 in the same manner as the original appointment.
451 4. The Governor shall select from the membership of the
452 commission one person to serve as chair.
453 5. A vacancy on the commission shall be filled for the
454 unexpired portion of the term in the same manner as the original
455 appointment.
456 6. If the Governor, the Commissioner of Agriculture, or the
457 Chief Financial Officer has not made an appointment within 30
458 consecutive calendar days after the receipt of the
459 recommendations, the council shall initiate, in accordance with
460 this section, the nominating process within 30 days.
461 7. Each appointment to the commission shall be subject to
462 confirmation by the Senate during the next regular session after
463 the vacancy occurs. If the Senate refuses to confirm or fails to
464 consider the appointment of the Governor, the Commissioner of
465 Agriculture, or the Chief Financial Officer, the council shall
466 initiate, in accordance with this section, the nominating
467 process within 30 days.
468 8. The Governor or the Governor’s successor may recall an
469 appointee.
470 9. Notwithstanding subparagraph 7. and for the initial
471 appointments to the commission only, each initial appointment to
472 the commission is subject to confirmation by the Senate by the
473 2010 Regular Session. If the Senate refuses to confirm or fails
474 to consider an appointment made by the Governor, the
475 Commissioner of Agriculture, or the Chief Financial Officer, the
476 council shall initiate, in accordance with this section, the
477 nominating process within 30 days after the Senate’s refusal to
478 confirm or failure to consider such appointment. This
479 subparagraph expires July 1, 2010.
480 (b) Members must meet the following qualifications and
481 restrictions:
482 1. A member must be an expert in one or more of the
483 following fields: energy, natural resource conservation,
484 economics, engineering, finance, law, transportation and land
485 use, consumer protection, state energy policy, or another field
486 substantially related to the duties and functions of the
487 commission. The commission shall fairly represent the fields
488 specified in this subparagraph.
489 2. Each member shall, at the time of appointment and at
490 each commission meeting during his or her term of office,
491 disclose:
492 a. Whether he or she has any financial interest, other than
493 ownership of shares in a mutual fund, in any business entity
494 that, directly or indirectly, owns or controls, or is an
495 affiliate or subsidiary of, any business entity that may be
496 affected by the policy recommendations developed by the
497 commission.
498 b. Whether he or she is employed by or is engaged in any
499 business activity with any business entity that, directly or
500 indirectly, owns or controls, or is an affiliate or subsidiary
501 of, any business entity that may be affected by the policy
502 recommendations developed by the commission.
503 (c) The chair may designate the following ex officio,
504 nonvoting members to provide information and advice to the
505 commission at the request of the chair:
506 1. The chair of the Florida Public Service Commission, or
507 his or her designee.
508 2. The Public Counsel, or his or her designee.
509 3. A representative of the Department of Agriculture and
510 Consumer Services.
511 4. A representative of the Department of Financial
512 Services.
513 5. A representative of the Department of Environmental
514 Protection.
515 6. A representative of the Department of Community Affairs.
516 7. A representative of the Board of Governors of the State
517 University System.
518 8. A representative of the Department of Transportation.
519 (2) Members shall serve without compensation but are
520 entitled to reimbursement for per diem and travel expenses as
521 provided in s. 112.061.
522 (3) Meetings of the commission may be held in various
523 locations around the state and at the call of the chair;
524 however, the commission must meet at least six times each year.
525 (1)(4) The department commission may:
526 (a) Employ staff and counsel as needed in the performance
527 of its duties.
528 (b) Prosecute and defend legal actions in its own name.
529 (c) Form advisory groups consisting of members of the
530 public to provide information on specific issues.
531 (2)(5) The department commission shall:
532 (a) Administer the Florida Renewable Energy and Energy
533 Efficient Technologies Grants Program pursuant to s. 377.804 to
534 assure a robust grant portfolio.
535 (b) Develop policy for requiring grantees to provide
536 royalty-sharing or licensing agreements with state government
537 for commercialized products developed under a state grant.
538 (c) Administer the Florida Green Government Grants Act
539 pursuant to s. 377.808 and set annual priorities for grants.
540 (d) Administer the information gathering and reporting
541 functions pursuant to ss. 377.601-377.608.
542 (e) Administer petroleum planning and emergency contingency
543 planning pursuant to ss. 377.701, 377.703, and 377.704.
544 (e)(f) Represent Florida in the Southern States Energy
545 Compact pursuant to ss. 377.71-377.712.
546 (g) Complete the annual assessment of the efficacy of
547 Florida’s Energy and Climate Change Action Plan, upon completion
548 by the Governor’s Action Team on Energy and Climate Change
549 pursuant to the Governor’s Executive Order 2007-128, and provide
550 specific recommendations to the Governor and the Legislature
551 each year to improve results.
552 (f)(h) Administer the provisions of the Florida Energy and
553 Climate Protection Act pursuant to ss. 377.801-377.807 377.801
554 377.806.
555 (g)(i) Advocate for energy and climate change issues and
556 provide educational outreach and technical assistance in
557 cooperation with the state’s academic institutions.
558 (h)(j) Be a party in the proceedings to adopt goals and
559 submit comments to the Public Service Commission pursuant to s.
560 366.82.
561 (i)(k) Adopt rules pursuant to chapter 120 in order to
562 implement all powers and duties described in this section.
563 Section 9. Subsection (1) and paragraphs (a) and (b) of
564 subsection (2) of section 377.602, Florida Statutes, are amended
565 to read:
566 377.602 Definitions.—As used in ss. 377.601-377.608:
567 (1) “Department” “Commission” means the Department of
568 Agriculture and Consumer Services Florida Energy and Climate
569 Commission.
570 (2) “Energy resources” includes, but shall not be limited
571 to:
572 (a) Energy converted from solar radiation, wind, hydraulic
573 potential, tidal movements, biomass, geothermal sources, and
574 other energy resources the department commission determines to
575 be important to the production or supply of energy.
576 (b) Propane, butane, motor gasoline, kerosene, home heating
577 oil, diesel fuel, other middle distillates, aviation gasoline,
578 kerosene-type jet fuel, naphtha-type jet fuel, residual fuels,
579 crude oil, and other petroleum products and hydrocarbons as may
580 be determined by the department commission to be of importance.
581 Section 10. Section 377.603, Florida Statutes, is amended
582 to read:
583 377.603 Energy data collection; powers and duties of the
584 department commission.—
585 (1) The department commission may collect data on the
586 extraction, production, importation, exportation, refinement,
587 transportation, transmission, conversion, storage, sale, or
588 reserves of energy resources in this state in an efficient and
589 expeditious manner.
590 (2) The department commission may prepare periodic reports
591 of energy data it collects.
592 (3) The department commission may adopt and promulgate such
593 rules and regulations as are necessary to carry out the
594 provisions of ss. 377.601-377.608. Such rules shall be pursuant
595 to chapter 120.
596 (4) The department commission shall maintain internal
597 validation procedures to assure the accuracy of information
598 received.
599 Section 11. Section 377.604, Florida Statutes, is amended
600 to read:
601 377.604 Required reports.—Every person who produces,
602 imports, exports, refines, transports, transmits, converts,
603 stores, sells, or holds known reserves of any form of energy
604 resources used as fuel shall report to the department
605 commission, at the request of and in a manner prescribed by the
606 department commission, on forms provided by the department
607 commission. Such forms shall be designed in such a manner as to
608 indicate:
609 (1) The identity of the person or persons making the
610 report.
611 (2) The quantity of energy resources extracted, produced,
612 imported, exported, refined, transported, transmitted,
613 converted, stored, or sold except at retail.
614 (3) The quantity of energy resources known to be held in
615 reserve in the state.
616 (4) The identity of each refinery from which petroleum
617 products have normally been obtained and the type and quantity
618 of products secured from that refinery for sale or resale in
619 this state.
620 (5) Any other information which the department commission
621 deems proper pursuant to the intent of ss. 377.601-377.608.
622 Section 12. Section 377.605, Florida Statutes, is amended
623 to read:
624 377.605 Use of existing information.—The department
625 commission may utilize to the fullest extent possible any
626 existing energy information already prepared for state or
627 federal agencies. Every state, county, and municipal agency
628 shall cooperate with the department commission and shall submit
629 any information on energy to the department commission upon
630 request.
631 Section 13. Section 377.606, Florida Statutes, is amended
632 to read:
633 377.606 Records of the department commission; limits of
634 confidentiality.—The information or records of individual
635 persons, as defined in this section, obtained by the department
636 commission as a result of a report, investigation, or
637 verification required by the department commission shall be open
638 to the public, except such information the disclosure of which
639 would be likely to cause substantial harm to the competitive
640 position of the person providing such information and which is
641 requested to be held confidential by the person providing such
642 information. Such proprietary information is confidential and
643 exempt from the provisions of s. 119.07(1). Information reported
644 by entities other than the department commission in documents or
645 reports open to public inspection shall under no circumstances
646 be classified as confidential by the department commission.
647 Divulgence of proprietary information as is requested to be held
648 confidential, except upon order of a court of competent
649 jurisdiction or except to an officer of the state entitled to
650 receive the same in his or her official capacity, shall be a
651 misdemeanor of the second degree, punishable as provided in ss.
652 775.082 and 775.083. Nothing in This section does not shall be
653 construed to prohibit the publication or divulgence by other
654 means of data so classified as to prevent identification of
655 particular accounts or reports made to the department commission
656 in compliance with s. 377.603 or to prohibit the disclosure of
657 such information to properly qualified legislative committees.
658 The department commission shall establish a system which permits
659 reasonable access to information developed.
660 Section 14. Section 377.608, Florida Statutes, is amended
661 to read:
662 377.608 Prosecution of cases by state attorney.—The state
663 attorney shall prosecute all cases certified to him or her for
664 prosecution by the department commission immediately upon
665 receipt of the evidence transmitted by the department
666 commission, or as soon thereafter as practicable.
667 Section 15. Subsections (1), (2), and (3) of section
668 377.701, Florida Statutes, are amended to read:
669 377.701 Petroleum allocation.—
670 (1) The Division of Emergency Management Florida Energy and
671 Climate Commission shall assume the state’s role in petroleum
672 allocation and conservation, including the development of a fair
673 and equitable petroleum plan. The Division of Emergency
674 Management commission shall constitute the responsible state
675 agency for performing the functions of any federal program
676 delegated to the state, which relates to petroleum supply,
677 demand, and allocation.
678 (2) The Division of Emergency Management commission shall,
679 in addition to assuming the duties and responsibilities provided
680 by subsection (1), perform the following:
681 (a) In projecting available supplies of petroleum,
682 coordinate with the Department of Revenue to secure information
683 necessary to assure the sufficiency and accuracy of data
684 submitted by persons affected by any federal fuel allocation
685 program.
686 (b) Require such periodic reports from public and private
687 sources as may be necessary to the fulfillment of its
688 responsibilities under this act. Such reports may include:
689 petroleum use; all sales, including end-user sales, except
690 retail gasoline and retail fuel oil sales; inventories; expected
691 supplies and allocations; and petroleum conservation measures.
692 (c) In cooperation with the Department of Revenue and other
693 relevant state agencies, provide for long-range studies
694 regarding the usage of petroleum in the state in order to:
695 1. Comprehend the consumption of petroleum resources.
696 2. Predict future petroleum demands in relation to
697 available resources.
698 3. Report the results of such studies to the Legislature.
699 (3) For the purpose of determining accuracy of data, all
700 state agencies shall timely provide the Division of Emergency
701 Management commission with petroleum-use information in a format
702 suitable to the needs of the allocation program.
703 Section 16. Section 377.703, Florida Statutes, is amended
704 to read:
705 377.703 Additional functions of the Department of
706 Agriculture and Consumer Services Florida Energy and Climate
707 Commission.—
708 (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
709 demand questions have become a major area of concern to the
710 state which must be dealt with by effective and well-coordinated
711 state action, it is the intent of the Legislature to promote the
712 efficient, effective, and economical management of energy
713 problems, centralize energy coordination responsibilities,
714 pinpoint responsibility for conducting energy programs, and
715 ensure the accountability of state agencies for the
716 implementation of s. 377.601(2), the state energy policy. It is
717 the specific intent of the Legislature that nothing in this act
718 shall in any way change the powers, duties, and responsibilities
719 assigned by the Florida Electrical Power Plant Siting Act, part
720 II of chapter 403, or the powers, duties, and responsibilities
721 of the Florida Public Service Commission.
722 (2) FLORIDA ENERGY AND CLIMATE COMMISSION; DUTIES.—The
723 department commission shall perform the following functions,
724 unless as otherwise provided, consistent with the development of
725 a state energy policy:
726 (a) The Division of Emergency Management is responsible for
727 the commission shall assume the responsibility for development
728 of an energy emergency contingency plan to respond to serious
729 shortages of primary and secondary energy sources. Upon a
730 finding by the Governor, implementation of any emergency program
731 shall be upon order of the Governor that a particular kind or
732 type of fuel is, or that the occurrence of an event which is
733 reasonably expected within 30 days will make the fuel, in short
734 supply. The Division of Emergency Management commission shall
735 then respond by instituting the appropriate measures of the
736 contingency plan to meet the given emergency or energy shortage.
737 The Governor may utilize the provisions of s. 252.36(5) to carry
738 out any emergency actions required by a serious shortage of
739 energy sources.
740 (b) The department is commission shall be responsible for
741 performing or coordinating the functions of any federal energy
742 programs delegated to the state, including energy supply,
743 demand, conservation, or allocation.
744 (c) The department commission shall analyze present and
745 proposed federal energy programs and make recommendations
746 regarding those programs to the Governor and the Legislature.
747 (d) The department commission shall coordinate efforts to
748 seek federal support or other support for state energy
749 activities, including energy conservation, research, or
750 development, and is shall be responsible for the coordination of
751 multiagency energy conservation programs and plans.
752 (e) The department commission shall analyze energy data
753 collected and prepare long-range forecasts of energy supply and
754 demand in coordination with the Florida Public Service
755 Commission, which is responsible shall have responsibility for
756 electricity and natural gas forecasts. To this end, the
757 forecasts shall contain:
758 1. An analysis of the relationship of state economic growth
759 and development to energy supply and demand, including the
760 constraints to economic growth resulting from energy supply
761 constraints.
762 2. Plans for the development of renewable energy resources
763 and reduction in dependence on depletable energy resources,
764 particularly oil and natural gas, and an analysis of the extent
765 to which renewable energy sources are being utilized in the
766 state.
767 3. Consideration of alternative scenarios of statewide
768 energy supply and demand for 5, 10, and 20 years to identify
769 strategies for long-range action, including identification of
770 potential social, economic, and environmental effects.
771 4. An assessment of the state’s energy resources, including
772 examination of the availability of commercially developable and
773 imported fuels, and an analysis of anticipated effects on the
774 state’s environment and social services resulting from energy
775 resource development activities or from energy supply
776 constraints, or both.
777 (f) The department commission shall submit an annual report
778 to the Governor and the Legislature reflecting its activities
779 and making recommendations of policies for improvement of the
780 state’s response to energy supply and demand and its effect on
781 the health, safety, and welfare of the people of Florida. The
782 report shall include a report from the Florida Public Service
783 Commission on electricity and natural gas and information on
784 energy conservation programs conducted and underway in the past
785 year and shall include recommendations for energy conservation
786 programs for the state, including, but not limited to, the
787 following factors:
788 1. Formulation of specific recommendations for improvement
789 in the efficiency of energy utilization in governmental,
790 residential, commercial, industrial, and transportation sectors.
791 2. Collection and dissemination of information relating to
792 energy conservation.
793 3. Development and conduct of educational and training
794 programs relating to energy conservation.
795 4. An analysis of the ways in which state agencies are
796 seeking to implement s. 377.601(2), the state energy policy, and
797 recommendations for better fulfilling this policy.
798 (g) The department may commission has authority to adopt
799 rules pursuant to ss. 120.536(1) and 120.54 to implement the
800 provisions of this act.
801 (h) The department commission shall promote the development
802 and use of renewable energy resources, in conformance with the
803 provisions of chapter 187 and s. 377.601, by:
804 1. Establishing goals and strategies for increasing the use
805 of solar energy in this state.
806 2. Aiding and promoting the commercialization of solar
807 energy technology, in cooperation with the Florida Solar Energy
808 Center, Enterprise Florida, Inc., and any other federal, state,
809 or local governmental agency which may seek to promote research,
810 development, and demonstration of solar energy equipment and
811 technology.
812 3. Identifying barriers to greater use of solar energy
813 systems in this state, and developing specific recommendations
814 for overcoming identified barriers, with findings and
815 recommendations to be submitted annually in the report to the
816 Governor and Legislature required under paragraph (f).
817 4. In cooperation with the Department of Environmental
818 Protection, the Department of Transportation, the Department of
819 Community Affairs, Enterprise Florida, Inc., the Florida Solar
820 Energy Center, and the Florida Solar Energy Industries
821 Association, investigating opportunities, pursuant to the
822 National Energy Policy Act of 1992, the Housing and Community
823 Development Act of 1992, and any subsequent federal legislation,
824 for solar electric vehicles and other solar energy
825 manufacturing, distribution, installation, and financing efforts
826 which will enhance this state’s position as the leader in solar
827 energy research, development, and use.
828 5. Undertaking other initiatives to advance the development
829 and use of renewable energy resources in this state.
830
831 In the exercise of its responsibilities under this paragraph,
832 the department commission shall seek the assistance of the solar
833 energy industry in this state and other interested parties and
834 is authorized to enter into contracts, retain professional
835 consulting services, and expend funds appropriated by the
836 Legislature for such purposes.
837 (i) The department commission shall promote energy
838 conservation in all energy use sectors throughout the state and
839 shall constitute the state agency primarily responsible for this
840 function. To this end, The Department of Management Services, in
841 consultation with the department, commission shall coordinate
842 the energy conservation programs of all state agencies and
843 review and comment on the energy conservation programs of all
844 state agencies.
845 (j) The department commission shall serve as the state
846 clearinghouse for indexing and gathering all information related
847 to energy programs in state universities, in private
848 universities, in federal, state, and local government agencies,
849 and in private industry and shall prepare and distribute such
850 information in any manner necessary to inform and advise the
851 citizens of the state of such programs and activities. This
852 shall include developing and maintaining a current index and
853 profile of all research activities, which shall be identified by
854 energy area and may include a summary of the project, the amount
855 and sources of funding, anticipated completion dates, or, in
856 case of completed research, conclusions, recommendations, and
857 applicability to state government and private sector functions.
858 The department commission shall coordinate, promote, and respond
859 to efforts by all sectors of the economy to seek financial
860 support for energy activities. The department commission shall
861 provide information to consumers regarding the anticipated
862 energy-use and energy-saving characteristics of products and
863 services in coordination with any federal, state, or local
864 governmental agencies as may provide such information to
865 consumers.
866 (k) The department commission shall coordinate energy
867 related programs of state government, including, but not limited
868 to, the programs provided in this section. To this end, the
869 department commission shall:
870 1. Provide assistance to other state agencies, counties,
871 municipalities, and regional planning agencies to further and
872 promote their energy planning activities.
873 2. Require, in cooperation with the Department of
874 Management Services, all state agencies to operate state-owned
875 and state-leased buildings in accordance with energy
876 conservation standards as adopted by the Department of
877 Management Services. Every 3 months, the Department of
878 Management Services shall furnish the department commission data
879 on agencies’ energy consumption and emissions of greenhouse
880 gases in a format prescribed by the department commission.
881 3. Promote the development and use of renewable energy
882 resources, energy efficiency technologies, and conservation
883 measures.
884 4. Promote the recovery of energy from wastes, including,
885 but not limited to, the use of waste heat, the use of
886 agricultural products as a source of energy, and recycling of
887 manufactured products. Such promotion shall be conducted in
888 conjunction with, and after consultation with, the Department of
889 Environmental Protection and the Florida Public Service
890 Commission where electrical generation or natural gas is
891 involved, and any other relevant federal, state, or local
892 governmental agency having responsibility for resource recovery
893 programs.
894 (l) The department commission shall develop, coordinate,
895 and promote a comprehensive research plan for state programs.
896 Such plan shall be consistent with state energy policy and shall
897 be updated on a biennial basis.
898 (m) In recognition of the devastation to the economy of
899 this state and the dangers to the health and welfare of
900 residents of this state caused by severe hurricanes, and the
901 potential for such impacts caused by other natural disasters,
902 the Division of Emergency Management commission shall include in
903 its energy emergency contingency plan and provide to the Florida
904 Building Commission for inclusion in the Florida Energy
905 Efficiency Code for Building Construction specific provisions to
906 facilitate the use of cost-effective solar energy technologies
907 as emergency remedial and preventive measures for providing
908 electric power, street lighting, and water heating service in
909 the event of electric power outages.
910 (3) The Department of Environmental Protection is
911 commission shall be responsible for the administration of the
912 Coastal Energy Impact Program provided for and described in Pub.
913 L. No. 94-370, 16 U.S.C. s. 1456a.
914 Section 17. Paragraph (h) of subsection (5) of section
915 377.711, Florida Statutes, is amended to read:
916 377.711 Florida party to Southern States Energy Compact.
917 The Southern States Energy Compact is enacted into law and
918 entered into by the state as a party, and is of full force and
919 effect between the state and any other states joining therein in
920 accordance with the terms of the compact, which compact is
921 substantially as follows:
922 (5) POWERS.—The board shall have the power to:
923 (h) Recommend such changes in, or amendments or additions
924 to, the laws, codes, rules, regulations, administrative
925 procedures and practices, or ordinances of the party states in
926 any of the fields of its interest and competence as in its
927 judgment may be appropriate. Any such recommendation shall be
928 made, in the case of Florida, through the Department of
929 Agriculture and Consumer Services Commerce.
930 Section 18. Section 377.801, Florida Statutes, is amended
931 to read:
932 377.801 Short title.—Sections 377.801-377.807 377.801
933 377.806 may be cited as the “Florida Energy and Climate
934 Protection Act.”
935 Section 19. Section 377.803, Florida Statutes, is amended
936 to read:
937 377.803 Definitions.—As used in ss. 377.801-377.807
938 377.801-377.806, the term:
939 (1) “Act” means the Florida Energy and Climate Protection
940 Act.
941 (2) “Department” “Commission” means the Department of
942 Agriculture and Consumer Services Florida Energy and Climate
943 Commission.
944 (3) “Person” means an individual, partnership, joint
945 venture, private or public corporation, association, firm,
946 public service company, or any other public or private entity.
947 (4) “Renewable energy” means electrical, mechanical, or
948 thermal energy produced from a method that uses one or more of
949 the following fuels or energy sources: hydrogen, biomass, as
950 defined in s. 366.91, solar energy, geothermal energy, wind
951 energy, ocean energy, waste heat, or hydroelectric power.
952 (5) “Renewable energy technology” means any technology that
953 generates or utilizes a renewable energy resource.
954 (6) “Solar energy system” means equipment that provides for
955 the collection and use of incident solar energy for water
956 heating, space heating or cooling, or other applications that
957 would normally require a conventional source of energy such as
958 petroleum products, natural gas, or electricity that performs
959 primarily with solar energy. In other systems in which solar
960 energy is used in a supplemental way, only those components that
961 collect and transfer solar energy shall be included in this
962 definition.
963 (7) “Solar photovoltaic system” means a device that
964 converts incident sunlight into electrical current.
965 (8) “Solar thermal system” means a device that traps heat
966 from incident sunlight in order to heat water.
967 Section 20. Subsection (1), paragraph (f) of subsection
968 (2), and subsections (3) through (6) of section 377.804, Florida
969 Statutes, are amended to read:
970 377.804 Renewable Energy and Energy-Efficient Technologies
971 Grants Program.—
972 (1) The Renewable Energy and Energy-Efficient Technologies
973 Grants Program is established within the department commission
974 to provide renewable energy matching grants for demonstration,
975 commercialization, research, and development projects relating
976 to renewable energy technologies and innovative technologies
977 that significantly increase energy efficiency for vehicles and
978 commercial buildings.
979 (2) Matching grants for projects described in subsection
980 (1) may be made to any of the following:
981 (f) Other qualified persons, as determined by the
982 department commission.
983 (3) The department commission may adopt rules pursuant to
984 ss. 120.536(1) and 120.54 to provide for application
985 requirements, provide for ranking of applications, and
986 administer the awarding of grants under this program.
987 (4) Factors the department commission shall consider in
988 awarding grants include, but are not limited to:
989 (a) The availability of matching funds or other in-kind
990 contributions applied to the total project from an applicant.
991 The department commission shall give greater preference to
992 projects that provide such matching funds or other in-kind
993 contributions.
994 (b) The degree to which the project stimulates in-state
995 capital investment and economic development in metropolitan and
996 rural areas, including the creation of jobs and the future
997 development of a commercial market for renewable energy
998 technologies.
999 (c) The extent to which the proposed project has been
1000 demonstrated to be technically feasible based on pilot project
1001 demonstrations, laboratory testing, scientific modeling, or
1002 engineering or chemical theory that supports the proposal.
1003 (d) The degree to which the project incorporates an
1004 innovative new technology or an innovative application of an
1005 existing technology.
1006 (e) The degree to which a project generates thermal,
1007 mechanical, or electrical energy by means of a renewable energy
1008 resource that has substantial long-term production potential.
1009 (f) The degree to which a project demonstrates efficient
1010 use of energy and material resources.
1011 (g) The degree to which the project fosters overall
1012 understanding and appreciation of renewable energy technologies.
1013 (h) The ability to administer a complete project.
1014 (i) Project duration and timeline for expenditures.
1015 (j) The geographic area in which the project is to be
1016 conducted in relation to other projects.
1017 (k) The degree of public visibility and interaction.
1018 (5) The department commission shall solicit the expertise
1019 of state agencies, Enterprise Florida, Inc., and state
1020 universities, and may solicit the expertise of other public and
1021 private entities it deems appropriate, in evaluating project
1022 proposals. State agencies shall cooperate with the department
1023 commission and provide such assistance as requested.
1024 (6) The commission shall coordinate and actively consult
1025 with the Department of Agriculture and Consumer Services during
1026 the review and approval process of grants relating to bioenergy
1027 projects for renewable energy technology. Factors for
1028 consideration in awarding grants relating to bioenergy projects
1029 may include, but are not limited to, the degree to which:
1030 (a) The project stimulates in-state capital investment and
1031 economic development in metropolitan and rural areas, including
1032 the creation of jobs and the future development of a commercial
1033 market for bioenergy.
1034 (b) The project produces bioenergy from Florida-grown crops
1035 or biomass.
1036 (c) The project demonstrates efficient use of energy and
1037 material resources.
1038 (d) The project fosters overall understanding and
1039 appreciation of bioenergy technologies.
1040 (e) Matching funds and in-kind contributions from an
1041 applicant are available.
1042 (f) The project duration and the timeline for expenditures
1043 are acceptable.
1044 (g) The project has a reasonable assurance of enhancing the
1045 value of agricultural products or will expand agribusiness in
1046 the state.
1047 (h) Preliminary market and feasibility research has been
1048 conducted by the applicant or others and shows there is a
1049 reasonable assurance of a potential market.
1050 Section 21. Subsections (1), (6), and (7) of section
1051 377.806, Florida Statutes, are amended to read:
1052 377.806 Solar Energy System Incentives Program.—
1053 (1) PURPOSE.—The Solar Energy System Incentives Program is
1054 established within the Department of Agriculture and Consumer
1055 Services commission to provide financial incentives for the
1056 purchase and installation of solar energy systems. Any resident
1057 of the state who purchases and installs a new solar energy
1058 system of 2 kilowatts or larger for a solar photovoltaic system,
1059 a solar energy system that provides at least 50 percent of a
1060 building’s hot water consumption for a solar thermal system, or
1061 a solar thermal pool heater, from July 1, 2006, through June 30,
1062 2010, is eligible for a rebate on a portion of the purchase
1063 price of that solar energy system.
1064 (6) REBATE AVAILABILITY.—The department commission shall
1065 determine and publish on a regular basis the amount of rebate
1066 funds remaining in each fiscal year. The total dollar amount of
1067 all rebates issued is subject to the total amount of
1068 appropriations in any fiscal year for this program. If funds are
1069 insufficient during the current fiscal year, any requests for
1070 rebates received during that fiscal year may be processed during
1071 the following fiscal year. Requests for rebates received in a
1072 fiscal year that are processed during the following fiscal year
1073 shall be given priority over requests for rebates received
1074 during the following fiscal year.
1075 (7) RULES.—The department commission shall adopt rules
1076 pursuant to ss. 120.536(1) and 120.54 to develop rebate
1077 applications and administer the issuance of rebates.
1078 Section 22. Section 377.807, Florida Statutes, is amended
1079 to read:
1080 377.807 Energy-efficient appliance rebate program.—
1081 (1) The department may Florida Energy and Climate
1082 Commission is authorized to develop and administer a consumer
1083 rebate program for residential energy-efficient appliances,
1084 consistent with 42 U.S.C. s. 15821 and any federal agency
1085 guidance or regulations issued in furtherance of federal law.
1086 (2) The department commission may adopt rules pursuant to
1087 ss. 120.536(1) and 120.54 designating eligible appliances,
1088 rebate amounts, and the administration of the issuance of
1089 rebates. The rules shall be consistent with 42 U.S.C. s. 15821
1090 and any subsequent implementing federal regulations or guidance.
1091 (3) The department may commission is authorized to enter
1092 into contracts or memoranda of agreement with other agencies of
1093 the state, public-private partnerships, or other arrangements
1094 such that the most efficient means of administering consumer
1095 rebates can be achieved.
1096 Section 23. Subsections (2) through (5) of section 377.808,
1097 Florida Statutes, are amended to read:
1098 377.808 Florida Green Government Grants Act.—
1099 (2) The department Florida Energy and Climate Commission
1100 shall use funds specifically appropriated to award grants under
1101 this section to assist local governments, including
1102 municipalities, counties, and school districts, in the
1103 development and implementation of programs that achieve green
1104 standards. Green standards shall be determined by the department
1105 commission and shall provide for cost-efficient solutions,
1106 reducing greenhouse gas emissions, improving quality of life,
1107 and strengthening the state’s economy.
1108 (3) The department commission shall adopt rules pursuant to
1109 chapter 120 to administer the grants provided for in this
1110 section. In accordance with the rules adopted by the department
1111 commission under this section, the department commission may
1112 provide grants from funds specifically appropriated for this
1113 purpose to local governments for the costs of achieving green
1114 standards, including necessary administrative expenses. The
1115 rules of the department commission shall:
1116 (a) Designate one or more suitable green government
1117 standards frameworks from which local governments may develop a
1118 greening government initiative and from which projects may be
1119 eligible for funding pursuant to this section.
1120 (b) Require that projects that plan, design, construct,
1121 upgrade, or replace facilities reduce greenhouse gas emissions
1122 and be cost-effective, environmentally sound, permittable, and
1123 implementable.
1124 (c) Require local governments to match state funds with
1125 direct project cost sharing or in-kind services.
1126 (d) Provide for a scale of matching requirements for local
1127 governments on the basis of population in order to assist rural
1128 and undeveloped areas of the state with any financial burden of
1129 addressing climate change impacts.
1130 (e) Require grant applications to be submitted on
1131 appropriate forms developed and adopted by the department
1132 commission with appropriate supporting documentation and require
1133 records to be maintained.
1134 (f) Establish a system to determine the relative priority
1135 of grant applications. The system shall consider greenhouse gas
1136 reductions, energy savings and efficiencies, and proven
1137 technologies.
1138 (g) Establish requirements for competitive procurement of
1139 engineering and construction services, materials, and equipment.
1140 (h) Provide for termination of grants when program
1141 requirements are not met.
1142 (4) Each local government is limited to not more than two
1143 grant applications during each application period announced by
1144 the department commission. However, a local government may not
1145 have more than three active projects expending grant funds
1146 during any state fiscal year.
1147 (5) The department commission shall perform an adequate
1148 overview of each grant, which may include technical review, site
1149 inspections, disbursement approvals, and auditing to
1150 successfully implement this section.
1151 Section 24. Subsection (1) of section 377.809, Florida
1152 Statutes, is amended to read:
1153 377.809 Energy Economic Zone Pilot Program.—
1154 (1) The Department of Community Affairs, in consultation
1155 with the Department of Transportation, shall implement an Energy
1156 Economic Zone Pilot Program for the purpose of developing a
1157 model to help communities cultivate green economic development,
1158 encourage renewable electric energy generation, manufacture
1159 products that contribute to energy conservation and green jobs,
1160 and further implement chapter 2008-191, Laws of Florida,
1161 relative to discouraging sprawl and developing energy-efficient
1162 land use patterns and greenhouse gas reduction strategies. The
1163 Office of Tourism, Trade, and Economic Development and the
1164 Department of Agriculture and Consumer Services Florida Energy
1165 and Climate Commission shall provide technical assistance to the
1166 departments in developing and administering the program.
1167 Section 25. Subsections (3) and (6) of section 403.44,
1168 Florida Statutes, are amended to read:
1169 403.44 Florida Climate Protection Act.—
1170 (3) The department may adopt rules for a cap-and-trade
1171 regulatory program to reduce greenhouse gas emissions from major
1172 emitters. When developing the rules, the department shall
1173 consult with the Department of Agriculture and Consumer Services
1174 Florida Energy and Climate Commission and the Florida Public
1175 Service Commission and may consult with the Governor’s Action
1176 Team for Energy and Climate Change. The department shall not
1177 adopt rules until after January 1, 2010. The rules shall not
1178 become effective until ratified by the Legislature.
1179 (6) Recognizing that the international, national, and
1180 neighboring state policies and the science of climate change
1181 will evolve, prior to submitting the proposed rules to the
1182 Legislature for consideration, the department shall submit the
1183 proposed rules to the Department of Agriculture and Consumer
1184 Services Florida Energy and Climate Commission, which shall
1185 review the proposed rules and submit a report to the Governor,
1186 the President of the Senate, the Speaker of the House of
1187 Representatives, and the department. The report shall address:
1188 (a) The overall cost-effectiveness of the proposed cap-and
1189 trade system in combination with other policies and measures in
1190 meeting statewide targets.
1191 (b) The administrative burden to the state of implementing,
1192 monitoring, and enforcing the program.
1193 (c) The administrative burden on entities covered under the
1194 cap.
1195 (d) The impacts on electricity prices for consumers.
1196 (e) The specific benefits to the state’s economy for early
1197 adoption of a cap-and-trade system for greenhouse gases in the
1198 context of federal climate change legislation and the
1199 development of new international compacts.
1200 (f) The specific benefits to the state’s economy associated
1201 with the creation and sale of emissions offsets from economic
1202 sectors outside of the emissions cap.
1203 (g) The potential effects on leakage if economic activity
1204 relocates out of the state.
1205 (h) The effectiveness of the combination of measures in
1206 meeting identified targets.
1207 (i) The economic implications for near-term periods of
1208 short-term and long-term targets specified in the overall
1209 policy.
1210 (j) The overall costs and benefits of a cap-and-trade
1211 system to the economy of the state.
1212 (k) The impacts on low-income consumers that result from
1213 energy price increases.
1214 (l) The consistency of the program with other state and
1215 possible federal efforts.
1216 (m) The evaluation of the conditions under which the state
1217 should consider linking its trading system to the systems of
1218 other states or other countries and how that might be affected
1219 by the potential inclusion in the rule of a safety valve.
1220 (n) The timing and changes in the external environment,
1221 such as proposals by other states or implementation of a federal
1222 program that would spur reevaluation of the Florida program.
1223 (o) The conditions and options for eliminating the Florida
1224 program if a federal program were to supplant it.
1225 (p) The need for a regular reevaluation of the progress of
1226 other emitting regions of the country and of the world, and
1227 whether other regions are abating emissions in a commensurate
1228 manner.
1229 (q) The desirability of and possibilities of broadening the
1230 scope of the state’s cap-and-trade system at a later date to
1231 include more emitting activities as well as sinks in Florida,
1232 the conditions that would need to be met to do so, and how the
1233 program would encourage these conditions to be met, including
1234 developing monitoring and measuring techniques for land use
1235 emissions and sinks, regulating sources upstream, and other
1236 considerations.
1237 Section 26. Section 526.207, Florida Statutes, is amended
1238 to read:
1239 526.207 Studies and reports.—
1240 (1) The Department of Agriculture and Consumer Services
1241 Florida Energy and Climate Commission shall conduct a study to
1242 evaluate and recommend the life-cycle greenhouse gas emissions
1243 associated with all renewable fuels, including, but not limited
1244 to, biodiesel, renewable diesel, biobutanol, and ethanol derived
1245 from any source. In addition, the department commission shall
1246 evaluate and recommend a requirement that all renewable fuels
1247 introduced into commerce in the state, as a result of the
1248 renewable fuel standard, shall reduce the life-cycle greenhouse
1249 gas emissions by an average percentage. The department
1250 commission may also evaluate and recommend any benefits
1251 associated with the creation, banking, transfer, and sale of
1252 credits among fuel refiners, blenders, and importers.
1253 (2) The Department of Agriculture and Consumer Services
1254 Florida Energy and Climate Commission shall submit a report
1255 containing specific recommendations to the President of the
1256 Senate and the Speaker of the House of Representatives no later
1257 than December 31, 2010.
1258 Section 27. Section 570.074, Florida Statutes, is amended
1259 to read:
1260 570.074 Department of Agriculture and Consumer Services;
1261 energy and water policy coordination.—The commissioner may
1262 create an Office of Energy and Water Coordination under the
1263 supervision of a senior manager exempt under s. 110.205 in the
1264 Senior Management Service. The commissioner may designate the
1265 bureaus and positions in the various organizational divisions of
1266 the department that report to this office relating to any matter
1267 over which the department has jurisdiction in matters relating
1268 to energy and water policy affecting agriculture, application of
1269 such policies, and coordination of such matters with state and
1270 federal agencies.
1271 Section 28. Subsection (3) of section 570.954, Florida
1272 Statutes, is amended to read:
1273 570.954 Farm-to-fuel initiative.—
1274 (3) The department shall coordinate with and solicit the
1275 expertise of the state energy office within the Department of
1276 Environmental Protection when developing and implementing this
1277 initiative.
1278 Section 29. Subsections (5), (11), (12), and (13) of
1279 section 1004.648, Florida Statutes, are amended to read:
1280 1004.648 Florida Energy Systems Consortium.—
1281 (5) The director, whose office is shall be located at the
1282 University of Florida, shall report to the Department of
1283 Agriculture and Consumer Services Florida Energy and Climate
1284 Commission created pursuant to s. 377.6015.
1285 (11) The oversight board, in consultation with the
1286 Department of Agriculture and Consumer Services Florida Energy
1287 and Climate Commission, shall ensure that the consortium:
1288 (a) Maintains accurate records of any funds received by the
1289 consortium.
1290 (b) Meets financial and technical performance expectations,
1291 which may include external technical reviews as required.
1292 (12) The steering committee shall consist of the university
1293 representatives included in the Centers of Excellence proposals
1294 for the Florida Energy Systems Consortium and the Center of
1295 Excellence in Ocean Energy Technology-Phase II which were
1296 reviewed during the 2007-2008 fiscal year by the Florida
1297 Technology, Research, and Scholarship Board created in s.
1298 1004.226(4); a university representative appointed by the
1299 President of Florida International University; and a
1300 representative of the Department of Agriculture and Consumer
1301 Services Florida Energy and Climate Commission. The steering
1302 committee is shall be responsible for establishing and ensuring
1303 the success of the consortium’s mission under subsection (9).
1304 (13) By November 1 of each year, the consortium shall
1305 submit an annual report to the Governor, the President of the
1306 Senate, the Speaker of the House of Representatives, and the
1307 Department of Agriculture and Consumer Services Florida Energy
1308 and Climate Commission regarding its activities, including, but
1309 not limited to, education and research related to, and the
1310 development and deployment of, alternative energy technologies.
1311 Section 30. Sections 1 and 2 of chapter 2010-282, Laws of
1312 Florida, are amended to read:
1313 Section 1. (1) As provided in this section and section 2, a
1314 portion of the total amount appropriated in this act shall be
1315 used utilized by the Department of Agriculture and Consumer
1316 Services Florida Energy and Climate Commission to pay rebates to
1317 eligible applicants who submit an application pursuant to the
1318 Florida ENERGY STAR Residential HVAC Rebate Program administered
1319 by the department commission, as approved by the United States
1320 Department of Energy. An applicant is eligible for a rebate
1321 under this section if:
1322 (a) A complete application is submitted to the department
1323 commission on or before November 30, 2010.
1324 (b) The central air conditioner, air source heat pump, or
1325 geothermal heat pump system replacement for which the applicant
1326 is seeking a rebate was purchased from or contracted for
1327 purchase with a Florida-licensed contractor after August 29,
1328 2010, but before September 15, 2010, and fully installed prior
1329 to submission of the application for a rebate.
1330 (c) The department commission determines that the
1331 application complies with this section and any existing
1332 agreement with the United States Department of Energy governing
1333 the Florida ENERGY STAR Residential HVAC Rebate Program.
1334 (d) The applicant provides the following information to the
1335 department commission on or before November 30, 2010:
1336 1.a. A copy of the sales receipt indicating a date of
1337 purchase after August 29, 2010, but before September 15, 2010,
1338 with the make and model number identified and circled along with
1339 the name and address of the Florida-licensed contractor who
1340 installed the system; or
1341 b. A copy of the contract for the purchase and installation
1342 of the system indicating a contract date after August 29, 2010,
1343 but before September 15, 2010, and a copy of the sales receipt
1344 indicating a date of purchase after August 29, 2010, but on or
1345 before November 30, 2010, with the make and model number
1346 identified and circled along with the name and address of the
1347 Florida-licensed contractor who installed the system.
1348 2. A copy of the mechanical building permit issued by the
1349 county or municipality and pulled by the Florida-licensed
1350 contractor who installed the system for the residence.
1351 3. A copy of the Air Distribution System Test Report
1352 results from a Florida-certified Class 1 energy gauge rater, a
1353 Florida-licensed mechanical contractor, or a recognized test and
1354 balance agent. The results from the test must indicate the home
1355 has no more than 15 percent leakage to the outside as measured
1356 by 0.10 Qn.out or less.
1357 4. A copy of the summary of the Manual J program completed
1358 for the residence to indicate that the proper methodology for
1359 sizing the new system was completed.
1360 (2) The Department of Agriculture and Consumer Services
1361 Florida Energy and Climate Commission shall pay a $1,500 rebate
1362 to each consumer who submits an application pursuant to the
1363 Florida ENERGY STAR Residential HVAC Rebate Program if the
1364 application is approved by the department commission in
1365 accordance with this act. The department commission shall pay
1366 all rebates authorized in this section prior to paying any
1367 rebates authorized in section 2.
1368 Section 2. Notwithstanding s. 377.806(6), Florida Statutes,
1369 the Department of Agriculture and Consumer Services Florida
1370 Energy and Climate Commission shall utilize up to $28,902,623,
1371 less any amount in excess of $2,467,244 used to pay rebates
1372 pursuant to section 1, to pay a percentage of each unpaid and
1373 approved rebate application submitted pursuant to the Solar
1374 Energy System Incentives Program established in s. 377.806,
1375 Florida Statutes. An applicant is eligible for a rebate under
1376 this section if the application submitted complies with s.
1377 377.806, Florida Statutes. The percentage of each approved
1378 rebate to be paid shall be derived by dividing the remaining
1379 appropriation by the total dollar value of the backlog of final
1380 approved solar rebates, pursuant to the authorized limits
1381 provided in s. 377.806, Florida Statutes.
1382 Section 31. For the 2011-2012 fiscal year only,
1383 notwithstanding s. 216.181(2)(b), Florida Statutes, the
1384 Department of Agriculture may submit an amendment to the
1385 Legislative Budget Commission for increased budget authority for
1386 a fixed capital outlay appropriation for federal energy grants.
1387 Any such amendment is subject to the review and notice
1388 procedures provided in s. 216.177, Florida Statutes.
1389 Section 32. This act shall take effect July 1, 2011.