Florida Senate - 2019 SB 1372 By Senator Rodriguez 37-01993-19 20191372__ 1 A bill to be entitled 2 An act relating to renewable energy standards; 3 amending s. 366.92, F.S.; defining the terms 4 “renewable energy credit” and “renewable portfolio 5 standard”; requiring the Public Service Commission to 6 adopt rules for a renewable portfolio standard; 7 requiring the commission to present a draft rule to 8 the Legislature for consideration by a specified date; 9 requiring providers to submit annual progress reports 10 to the commission after such rule has been adopted; 11 providing requirements for the reports; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Present subsections (3), (4), and (5) of section 17 366.92, Florida Statutes, are redesignated as subsections (4), 18 (5), and (6), respectively, paragraphs (c) and (d) are added to 19 subsection (2) of that section, and a new subsection (3) is 20 added to that section, to read: 21 366.92 Florida renewable energy policy.— 22 (2) As used in this section, the term: 23 (c) “Renewable energy credit” means a value that represents 24 the unbundled, separable, renewable attribute of renewable 25 energy produced in this state and is equivalent to 1 megawatt 26 hour of electricity generated by a source of renewable energy 27 located in this state. 28 (d) “Renewable portfolio standard” or “RPS” means the 29 minimum percentage of total annual retail electricity sales by a 30 provider to consumers in this state which must be supplied by 31 renewable energy produced in this state. 32 (3) The commission shall adopt rules for a renewable 33 portfolio standard requiring each provider to supply renewable 34 energy to its customers directly by procurement or through the 35 purchase of renewable energy credits. In developing the RPS 36 rule, the commission shall consult the Department of 37 Environmental Protection and the Department of Agriculture and 38 Consumer Services. The rule may not be implemented until adopted 39 by the Legislature. The commission shall present a draft rule 40 for consideration by the Legislature by February 1, 2020. 41 (a) In developing the rule, the commission shall evaluate 42 the current and forecasted levelized cost in cents per kilowatt 43 hour through 2032 and the current and forecasted installed 44 capacity in kilowatts for each renewable energy generation 45 method through 2032. 46 (b) The commission’s rule: 47 1. Must include methods of managing the cost of compliance 48 with the renewable portfolio standard, whether through direct 49 supply or procurement of renewable power or through the purchase 50 of renewable energy credits. The commission may include 51 provision in the rule for annual cost recovery and incentive 52 based adjustments to authorized rates of return on common equity 53 to providers to incentivize renewable energy. Notwithstanding s. 54 366.91(3) and (4), and upon the ratification of the rules 55 developed pursuant to this subsection, the commission may 56 approve projects and power sales agreements with renewable power 57 producers and the sale of renewable energy credits needed to 58 comply with the renewable portfolio standard. In the event of 59 any conflict, this subparagraph supersedes s. 366.91(3) and (4). 60 However, this section does not alter the obligation of each 61 public utility to continuously offer a purchase contract to 62 producers of renewable energy. 63 2. Must provide for appropriate compliance measures and the 64 conditions under which noncompliance is excused due to a 65 determination by the commission that the supply of renewable 66 energy or renewable energy credits was not adequate to satisfy 67 the demand for such energy or that the cost of securing 68 renewable energy or renewable energy credits was cost 69 prohibitive. 70 3. May provide added weight to energy provided by wind and 71 solar photovoltaic over other forms of renewable energy, whether 72 directly supplied or procured or indirectly obtained through the 73 purchase of renewable energy credits. 74 4. Must determine an appropriate period of time during 75 which renewable energy credits may be used for purposes of 76 compliance with the renewable portfolio standard. 77 5. Must provide for monitoring of compliance with and 78 enforcement of this section. 79 6. Must ensure that energy credited toward compliance with 80 this section is not credited toward any other purpose. 81 7. Must include procedures to track and account for 82 renewable energy credits, including ownership of renewable 83 energy credits that are derived from a customer-owned renewable 84 energy facility as a result of any action by a customer of an 85 electric power supplier that is independent of a program 86 sponsored by the electric power supplier. 87 8. Must provide for the conditions and options for the 88 repeal or alteration of the rule in the event that new 89 provisions of federal law supplant or conflict with the rule. 90 (c) Beginning on April 1 of the year following final 91 adoption of the commission’s renewable portfolio standard rule, 92 each provider shall submit a report to the commission describing 93 the steps that have been taken during the previous year and the 94 steps that will be taken in the future to add renewable energy 95 to the provider’s energy supply portfolio. The report must state 96 whether the provider was in compliance with the renewable 97 portfolio standard during the previous year and how it intends 98 to comply with the renewable portfolio standard in the upcoming 99 year. 100 Section 2. This act shall take effect July 1, 2019.