Florida Senate - 2014                      CS for CS for SB 1044
       
       
        
       By the Committees on Agriculture; and Communications, Energy,
       and Public Utilities; and Senator Simpson
       
       
       
       
       575-03482-14                                          20141044c2
    1                        A bill to be entitled                      
    2         An act relating to energy policies; amending s.
    3         377.6015, F.S.; removing a provision relating to
    4         representation in the Southern States Energy Compact;
    5         amending s. 377.703, F.S.; requiring the Department of
    6         Agriculture and Consumer Services to include in its
    7         annual report recommendations for energy efficiency;
    8         expanding the promotion of the development and use of
    9         renewable energy resources from goals related to solar
   10         energy to renewable energy in general; requiring the
   11         department to cooperate with the Florida Energy
   12         Systems Consortium in the development and use of
   13         renewable energy resources; amending s. 377.712, F.S.;
   14         authorizing the Commissioner of Agriculture to appoint
   15         a member to the Southern States Energy Board;
   16         authorizing the department to approve proposed
   17         activities relating to furtherance of the Southern
   18         States Energy Compact; amending s. 377.801, F.S.;
   19         conforming a cross-reference; amending s. 377.802,
   20         F.S.; amending the purpose of the Florida Energy and
   21         Climate Protection Act; amending s. 377.803, F.S.;
   22         conforming provisions to changes made by the act;
   23         creating s. 377.815, F.S.; authorizing the department
   24         to post on its website information relating to
   25         alternative fueling stations or electric vehicle
   26         charging stations; defining the term “alternative
   27         fuel”; authorizing the owner or operator of an
   28         alternative fueling station or an electric vehicle
   29         charging station to report certain information;
   30         amending s. 553.74, F.S.; adding a member to the
   31         Florida Building Commission as a representative of the
   32         Department of Agriculture and Consumer Services’
   33         Office of Energy; deleting obsolete provisions;
   34         repealing ss. 377.806 and 377.807, F.S., relating to
   35         the Solar Energy System Incentives Program and the
   36         Energy-Efficient Appliance Rebate Program,
   37         respectively; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraphs (f) through (i) of subsection (2) of
   42  section 377.6015, Florida Statutes, are redesignated as
   43  paragraphs (e) through (h), respectively, and present paragraph
   44  (e) of that section is amended to read:
   45         377.6015 Department of Agriculture and Consumer Services;
   46  powers and duties.—
   47         (2) The department shall:
   48         (e) Represent Florida in the Southern States Energy Compact
   49  pursuant to ss. 377.71-377.712.
   50         Section 2. Paragraphs (f), (h), and (i) of subsection (2)
   51  of section 377.703, Florida Statutes, are amended to read:
   52         377.703 Additional functions of the Department of
   53  Agriculture and Consumer Services.—
   54         (2) DUTIES.—The department shall perform the following
   55  functions, unless as otherwise provided, consistent with the
   56  development of a state energy policy:
   57         (f) The department shall submit an annual report to the
   58  Governor and the Legislature reflecting its activities and
   59  making recommendations for of policies for improvement of the
   60  state’s response to energy supply and demand and its effect on
   61  the health, safety, and welfare of the residents of this state
   62  people of Florida. The report must shall include a report from
   63  the Florida Public Service Commission on electricity and natural
   64  gas and information on energy conservation programs conducted
   65  and underway in the past year and shall include recommendations
   66  for energy efficiency and conservation programs for the state,
   67  including, but not limited to, the following factors:
   68         1. Formulation of specific recommendations for improvement
   69  in the efficiency of energy utilization in governmental,
   70  residential, commercial, industrial, and transportation sectors.
   71         2. Collection and dissemination of information relating to
   72  energy efficiency and conservation.
   73         3. Development and conduct of educational and training
   74  programs relating to energy efficiency and conservation.
   75         4. An analysis of the ways in which state agencies are
   76  seeking to implement s. 377.601(2), the state energy policy, and
   77  recommendations for better fulfilling this policy.
   78         (h) The department shall promote the development and use of
   79  renewable energy resources, in conformance with chapter 187 and
   80  s. 377.601, by:
   81         1. Establishing goals and strategies for increasing the use
   82  of renewable solar energy in this state.
   83         2. Aiding and promoting the commercialization of renewable
   84  energy resources solar energy technology, in cooperation with
   85  the Florida Energy Systems Consortium, the Florida Solar Energy
   86  Center, Enterprise Florida, Inc., and any other federal, state,
   87  or local governmental agency that which may seek to promote
   88  research, development, and the demonstration of renewable solar
   89  energy equipment and technology.
   90         3. Identifying barriers to greater use of renewable energy
   91  resources solar energy systems in this state, and developing
   92  specific recommendations for overcoming identified barriers,
   93  with findings and recommendations to be submitted annually in
   94  the report to the Governor and Legislature required under
   95  paragraph (f).
   96         4. In cooperation with the Department of Environmental
   97  Protection, the Department of Transportation, the Department of
   98  Economic Opportunity, Enterprise Florida, Inc., the Florida
   99  Energy Systems Consortium, the Florida Solar Energy Center, and
  100  the Florida Solar Energy Industries Association, investigating
  101  opportunities, pursuant to the national Energy Policy Act of
  102  1992, the Housing and Community Development Act of 1992, and any
  103  subsequent federal legislation, for renewable energy resources,
  104  solar electric vehicles, and other renewable solar energy
  105  manufacturing, distribution, installation, and financing efforts
  106  that which will enhance this state’s position as the leader in
  107  renewable solar energy research, development, and use.
  108         5. Undertaking other initiatives to advance the development
  109  and use of renewable energy resources in this state.
  110  
  111  In the exercise of its responsibilities under this paragraph,
  112  the department shall seek the assistance of the renewable solar
  113  energy industry in this state and other interested parties and
  114  may is authorized to enter into contracts, retain professional
  115  consulting services, and expend funds appropriated by the
  116  Legislature for such purposes.
  117         (i) The department shall promote energy efficiency and
  118  conservation in all energy use sectors throughout the state and
  119  be shall constitute the state agency primarily responsible for
  120  this function. The Department of Management Services, in
  121  consultation with the department, shall coordinate the energy
  122  conservation programs of all state agencies and review and
  123  comment on the energy conservation programs of all state
  124  agencies.
  125         Section 3. Section 377.712, Florida Statutes, is amended to
  126  read:
  127         377.712 Florida participation.—
  128         (1)(a) The Governor shall appoint one member of the
  129  Southern States Energy Board. The member or the Governor may
  130  designate another person as the deputy or assistant to such
  131  member.
  132         (b) The Commissioner of Agriculture may appoint one member
  133  of the Southern States Energy Board. The member or the
  134  commissioner may designate another person as the assistant or
  135  deputy to such member.
  136         (c)(b) The President of the Senate shall appoint one member
  137  of the Southern States Energy Board. The member or the president
  138  may designate another person as the assistant or deputy to such
  139  member.
  140         (d)(c) The Speaker of the House of Representatives shall
  141  appoint one member of the Southern States Energy Board. The
  142  member or the speaker may designate another person as the
  143  assistant or deputy to such member.
  144         (2) Any supplementary agreement entered into under s.
  145  377.711(6) requiring the expenditure of funds may shall not
  146  become effective as to Florida until the required funds are
  147  appropriated by the Legislature.
  148         (3) Departments, agencies, and officers of this state, and
  149  its subdivisions are authorized to cooperate with the board in
  150  the furtherance of any of its activities pursuant to the
  151  compact, provided such proposed activities have been made known
  152  to, and have the approval of, either the Governor or the
  153  Department of Agriculture and Consumer Services Department of
  154  Health.
  155         Section 4. Section 377.801, Florida Statutes, is amended to
  156  read:
  157         377.801 Short title.—Sections 377.801-377.804 377.801
  158  377.807 may be cited as the “Florida Energy and Climate
  159  Protection Act.”
  160         Section 5. Section 377.802, Florida Statutes, is amended to
  161  read:
  162         377.802 Purpose.—This act is intended to provide incentives
  163  for Florida’s citizens, businesses, school districts, and local
  164  governments to take action to diversify the state’s energy
  165  supplies, reduce dependence on foreign oil, and mitigate the
  166  effects of climate change by providing funding for activities
  167  designed to achieve these goals. The grant programs in this act
  168  are intended to stimulate capital investment in and enhance the
  169  market for renewable energy technologies and technologies
  170  intended to diversify Florida’s energy supplies, reduce
  171  dependence on foreign oil, and combat or limit climate change
  172  impacts. This act is also intended to provide incentives for the
  173  purchase of energy-efficient appliances and rebates for solar
  174  energy equipment installations for residential and commercial
  175  buildings.
  176         Section 6. Section 377.803, Florida Statutes, is amended to
  177  read:
  178         377.803 Definitions.—As used in ss. 377.801-377.804 ss.
  179  377.801-377.807, the term:
  180         (1) “Act” means the Florida Energy and Climate Protection
  181  Act.
  182         (2) “Department” means the Department of Agriculture and
  183  Consumer Services.
  184         (3) “Person” means an individual, partnership, joint
  185  venture, private or public corporation, association, firm,
  186  public service company, or any other public or private entity.
  187         (4) “Renewable energy” means electrical, mechanical, or
  188  thermal energy produced from a method that uses one or more of
  189  the following fuels or energy sources: hydrogen, biomass, as
  190  defined in s. 366.91, solar energy, geothermal energy, wind
  191  energy, ocean energy, waste heat, or hydroelectric power.
  192         (5) “Renewable energy technology” means any technology that
  193  generates or utilizes a renewable energy resource.
  194         (6) “Solar energy system” means equipment that provides for
  195  the collection and use of incident solar energy for water
  196  heating, space heating or cooling, or other applications that
  197  would normally require a conventional source of energy such as
  198  petroleum products, natural gas, or electricity that performs
  199  primarily with solar energy. In other systems in which solar
  200  energy is used in a supplemental way, only those components that
  201  collect and transfer solar energy shall be included in this
  202  definition.
  203         (7) “Solar photovoltaic system” means a device that
  204  converts incident sunlight into electrical current.
  205         (8) “Solar thermal system” means a device that traps heat
  206  from incident sunlight in order to heat water.
  207         Section 7. Section 377.815, Florida Statutes, is created to
  208  read:
  209         377.815 Alternative fueling stations and electric vehicle
  210  charging stations.—The Department of Agriculture and Consumer
  211  Services may post information on its website relating to
  212  alternative fueling stations or electric vehicle charging
  213  stations that are available for public use in this state.
  214         (1) As used in this section, the term “alternative fuel”
  215  means nontraditional transportation fuel, such as pure methanol,
  216  ethanol, and other alcohols; blends of 85 percent or more of
  217  alcohol with gasoline; natural gas and liquid fuels domestically
  218  produced from natural gas; liquefied petroleum gas; coal-derived
  219  liquid fuels; hydrogen; electricity; pure biodiesel; fuels,
  220  other than alcohol, derived from biological materials; and P
  221  series fuels.
  222         (2) An owner or operator of an alternative fueling station
  223  that is available in this state may report the following
  224  information to the department:
  225         (a) The type of alternative fuel available;
  226         (b) The station’s name, address, or location; or
  227         (c) The fees or costs associated with the alternative fuel
  228  that is available for purchase.
  229         (3) The owner or operator of an electric vehicle charging
  230  station that is available in this state may report the following
  231  information to the department:
  232         (a) The station’s name, address, or location; or
  233         (b) The fees or costs, if any, associated with the electric
  234  vehicle charging services provided by the station.
  235         Section 8. Subsection (1) of section 553.74, Florida
  236  Statutes, is amended to read:
  237         553.74 Florida Building Commission.—
  238         (1) The Florida Building Commission is created and located
  239  within the Department of Business and Professional Regulation
  240  for administrative purposes. Members are appointed by the
  241  Governor subject to confirmation by the Senate. The commission
  242  is composed of 27 26 members, consisting of the following:
  243         (a) One architect registered to practice in this state and
  244  actively engaged in the profession. The American Institute of
  245  Architects, Florida Section, is encouraged to recommend a list
  246  of candidates for consideration.
  247         (b) One structural engineer registered to practice in this
  248  state and actively engaged in the profession. The Florida
  249  Engineering Society is encouraged to recommend a list of
  250  candidates for consideration.
  251         (c) One air-conditioning or mechanical contractor certified
  252  to do business in this state and actively engaged in the
  253  profession. The Florida Air Conditioning Contractors
  254  Association, the Florida Refrigeration and Air Conditioning
  255  Contractors Association, and the Mechanical Contractors
  256  Association of Florida are encouraged to recommend a list of
  257  candidates for consideration.
  258         (d) One electrical contractor certified to do business in
  259  this state and actively engaged in the profession. The Florida
  260  Association of Electrical Contractors Association and the
  261  National Electrical Contractors Association, Florida Chapter,
  262  are encouraged to recommend a list of candidates for
  263  consideration.
  264         (e) One member from fire protection engineering or
  265  technology who is actively engaged in the profession. The
  266  Florida Chapter of the Society of Fire Protection Engineers and
  267  the Florida Fire Marshals and Inspectors Association are
  268  encouraged to recommend a list of candidates for consideration.
  269         (f) One general contractor certified to do business in this
  270  state and actively engaged in the profession. The Associated
  271  Builders and Contractors of Florida, the Florida Associated
  272  General Contractors Council, and the Union Contractors
  273  Association are encouraged to recommend a list of candidates for
  274  consideration.
  275         (g) One plumbing contractor licensed to do business in this
  276  state and actively engaged in the profession. The Florida
  277  Association of Plumbing, Heating, and Cooling Contractors is
  278  encouraged to recommend a list of candidates for consideration.
  279         (h) One roofing or sheet metal contractor certified to do
  280  business in this state and actively engaged in the profession.
  281  The Florida Roofing, Sheet Metal, and Air Conditioning
  282  Contractors Association and the Sheet Metal and Air Conditioning
  283  Contractors Contractors National Association are encouraged to
  284  recommend a list of candidates for consideration.
  285         (i) One residential contractor licensed to do business in
  286  this state and actively engaged in the profession. The Florida
  287  Home Builders Association is encouraged to recommend a list of
  288  candidates for consideration.
  289         (j) Three members who are municipal or district codes
  290  enforcement officials, one of whom is also a fire official. The
  291  Building Officials Association of Florida and the Florida Fire
  292  Marshals and Inspectors Association are encouraged to recommend
  293  a list of candidates for consideration.
  294         (k) One member who represents the Department of Financial
  295  Services.
  296         (l) One member who is a county codes enforcement official.
  297  The Building Officials Association of Florida is encouraged to
  298  recommend a list of candidates for consideration.
  299         (m) One member of a Florida-based organization of persons
  300  with disabilities or a nationally chartered organization of
  301  persons with disabilities with chapters in this state.
  302         (n) One member of the manufactured buildings industry who
  303  is licensed to do business in this state and is actively engaged
  304  in the industry. The Florida Manufactured Housing Association is
  305  encouraged to recommend a list of candidates for consideration.
  306         (o) One mechanical or electrical engineer registered to
  307  practice in this state and actively engaged in the profession.
  308  The Florida Engineering Society is encouraged to recommend a
  309  list of candidates for consideration.
  310         (p) One member who is a representative of a municipality or
  311  a charter county. The Florida League of Cities and the Florida
  312  Association of Counties are encouraged to recommend a list of
  313  candidates for consideration.
  314         (q) One member of the building products manufacturing
  315  industry who is authorized to do business in this state and is
  316  actively engaged in the industry. The Florida Building Material
  317  Association, the Florida Concrete and Product Products
  318  Association, and the Fenestration Manufacturers Association are
  319  encouraged to recommend a list of candidates for consideration.
  320         (r) One member who is a representative of the building
  321  owners and managers industry who is actively engaged in
  322  commercial building ownership or management. The Building Owners
  323  and Managers Association is encouraged to recommend a list of
  324  candidates for consideration.
  325         (s) One member who is a representative of the insurance
  326  industry. The Florida Insurance Council is encouraged to
  327  recommend a list of candidates for consideration.
  328         (t) One member who is a representative of public education.
  329         (u) One member who is a swimming pool contractor licensed
  330  to do business in this state and actively engaged in the
  331  profession. The Florida Swimming Pool Association and the United
  332  Pool and Spa Association are encouraged to recommend a list of
  333  candidates for consideration.
  334         (v) One member who is a representative of the green
  335  building industry and who is a third-party commission agent, a
  336  Florida board member of the United States Green Building Council
  337  or Green Building Initiative, a professional who is accredited
  338  under the International Green Construction Code (IGCC), or a
  339  professional who is accredited under Leadership in Energy and
  340  Environmental Design (LEED).
  341         (w) One member who is a representative of a natural gas
  342  distribution system and who is actively engaged in the
  343  distribution of natural gas in this state. The Florida Natural
  344  Gas Association is encouraged to recommend a list of candidates
  345  for consideration.
  346         (x) One member who is a representative of the Department of
  347  Agriculture and Consumer Services’ Office of Energy who is
  348  appointed from a list of three nominees provided by the
  349  Commissioner of Agriculture. If the Governor refuses to appoint
  350  a nominee within 60 days after receipt of such list, the
  351  Governor shall inform the commissioner and the commissioner
  352  shall submit a new list of three nominees.
  353         (y)(x) One member who shall be the chair.
  354  
  355  Any person serving on the commission under paragraph (c) or
  356  paragraph (h) on October 1, 2003, and who has served less than
  357  two full terms is eligible for reappointment to the commission
  358  regardless of whether he or she meets the new qualification.
  359         Section 9. Sections 377.806 and 377.807, Florida Statutes,
  360  are repealed.
  361         Section 10. This act shall take effect July 1, 2014.