Florida Senate - 2020                                    SB 1824
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00734B-20                                          20201824__
    1                        A bill to be entitled                      
    2         An act relating to energy; amending s. 163.04, F.S.;
    3         prohibiting a deed restriction, covenant, declaration,
    4         or other binding agreement from prohibiting or having
    5         the effect of prohibiting the installation of cool
    6         roofs or renewable energy source devices; creating s.
    7         253.453, F.S.; authorizing the Board of Trustees of
    8         the Internal Improvement Trust Fund to lease for
    9         royalties or other compensation the use of certain
   10         manmade stormwater management systems for floating
   11         solar energy systems, under certain circumstances;
   12         providing requirements for the lease; requiring the
   13         Department of Environmental Protection, in
   14         coordination with the Department of Transportation and
   15         the Department of Agriculture and Consumer Services,
   16         to adopt rules by a specified date; creating s.
   17         377.817, F.S.; providing legislative findings and
   18         intent; defining terms; requiring the Department of
   19         Agriculture and Consumer Services, in coordination
   20         with the Department of Management Services and the
   21         Department of Environmental Protection, to develop a
   22         greenhouse gas registry and inventory; requiring the
   23         Department of Agriculture and Consumer Services to
   24         maintain the registry and inventory; requiring all
   25         state agencies to annually submit certain greenhouse
   26         gas emissions data to the department; requiring an
   27         annual report to the Governor and the Legislature by a
   28         specified date; providing requirements for the report;
   29         providing for rulemaking; creating s. 377.818, F.S.;
   30         establishing the Climate Adaptation Research Grant
   31         Program within the department for a specified purpose;
   32         specifying that state universities and Florida College
   33         System institutions may submit applications to
   34         participate in the grant program; providing
   35         application requirements; specifying funding;
   36         requiring the department to submit a report to the
   37         Governor and the Legislature by a specified date;
   38         providing for rulemaking; creating s. 377.819, F.S.;
   39         providing legislative findings and intent;
   40         establishing the Clean Energy Research, Development,
   41         Demonstration, and Deployment Center Program within
   42         the department for a specified purpose; providing that
   43         state universities are eligible to participate in the
   44         program; providing requirements for grants under the
   45         program; prohibiting grants from being used for
   46         certain purposes; specifying funding; providing for
   47         rulemaking; creating s. 377.821, F.S.; establishing
   48         the Farm Renewable and Efficiency Demonstrations
   49         Program within the department for a specified purpose;
   50         defining terms; providing for an application process;
   51         requiring the department to submit an annual progress
   52         report to the Governor and the Legislature by a
   53         specified date; providing requirements for the report;
   54         providing for rulemaking; creating s. 377.822, F.S.;
   55         providing legislative findings; establishing the
   56         Agriculture Resiliency Grant Program within the
   57         department for a specified purpose; specifying
   58         entities that are eligible to participate in the
   59         program; providing requirements for the grants;
   60         specifying funding; providing for rulemaking; amending
   61         s. 1004.648, F.S.; specifying funding for the Florida
   62         Energy Systems Consortium; authorizing the department
   63         to establish and manage a competitive grant program
   64         for consortium members for a specified purpose;
   65         requiring the grant program to provide energy-related
   66         research and development funds; providing for
   67         rulemaking; revising the membership of the steering
   68         committee; deleting a requirement that the consortium
   69         work with the Florida College System for the
   70         coordination and design of certain training programs;
   71         authorizing private universities to participate as
   72         guest members in the consortium under certain
   73         circumstances; providing an effective date.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Subsections (1) and (2) of section 163.04,
   78  Florida Statutes, are amended to read:
   79         163.04 Energy devices based on renewable resources.—
   80         (1) Notwithstanding any provision of this chapter or any
   81  other provision of general or special law, the adoption of an
   82  ordinance by a governing body, as those terms are defined in
   83  this chapter, which prohibits or has the effect of prohibiting
   84  the installation of cool roofs solar collectors, clotheslines,
   85  or other energy devices based on renewable energy source devices
   86  as defined in s. 193.624(1) resources is expressly prohibited.
   87         (2) A deed restriction, covenant, declaration, or similar
   88  binding agreement may not prohibit or have the effect of
   89  prohibiting cool roofs solar collectors, clotheslines, or other
   90  energy devices based on renewable energy source devices as
   91  defined in s. 193.624(1) resources from being installed on
   92  buildings erected on the lots or parcels covered by the deed
   93  restriction, covenant, declaration, or binding agreement. A
   94  property owner may not be denied permission to install renewable
   95  solar collectors or other energy source devices by any entity
   96  granted the power or right in any deed restriction, covenant,
   97  declaration, or similar binding agreement to approve, forbid,
   98  control, or direct alteration of property with respect to
   99  residential dwellings and within the boundaries of a condominium
  100  unit. Such entity may determine the specific location where
  101  solar collectors may be installed on the roof within an
  102  orientation to the south or within 45° east or west of due south
  103  if such determination does not impair the effective operation of
  104  the solar collectors.
  105         Section 2. Section 253.453, Florida Statutes, is created to
  106  read:
  107         253.453 Lease of state-owned, manmade stormwater management
  108  systems for floating solar energy systems.—The Board of Trustees
  109  of the Internal Improvement Trust Fund may lease for royalties
  110  or for other agreed compensation the use of manmade stormwater
  111  management systems, as defined in s. 403.031(16), which are
  112  owned by the state and regulated under s. 334.044, for floating
  113  solar energy systems; however, such leases do not confer upon
  114  the person acquiring the same the right to enter upon any
  115  private property of another. Leases made pursuant to this
  116  section must convey to the lessee the right of ingress and
  117  egress to, from, and over the bottoms leased for the purposes of
  118  constructing and maintaining floating solar energy systems on
  119  and over such leased bottoms. A lease made pursuant to this
  120  section may not convey to the lessee the right to enter or
  121  traverse the private property of another. The Department of
  122  Environmental Protection, in coordination with the Department of
  123  Transportation and the Department of Agriculture and Consumer
  124  Services, shall adopt rules to implement and administer this
  125  section by July 1, 2021.
  126         Section 3.  Section 377.817, Florida Statutes, is created
  127  to read:
  128         377.817 Greenhouse gas registry and inventory.—
  129         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  130  that sound policies and efforts based on evidence benefit and
  131  protect this state, its residents, and its resources. The
  132  Legislature also finds it prudent for this state to develop and
  133  manage a greenhouse gas reporting system that provides a basis
  134  for the reporting of various greenhouse gas emissions and
  135  reduction polices in order to safeguard this state’s financial
  136  and environmental well-being. Therefore, it is the Legislature’s
  137  intent to create a greenhouse gas reporting system to provide
  138  accurate, transparent, and verified greenhouse gas emission data
  139  from reporting entities which is supported by a robust
  140  accounting and verification infrastructure.
  141         (2)DEFINITIONS.—As used in this section, the term:
  142         (a)“Department” means the Department of Agriculture and
  143  Consumer Services.
  144         (b)“Florida College System institution” has the same
  145  meaning as in s. 1000.21(3).
  146         (c)“Greenhouse gas” means one or more compounds regulated
  147  under 40 C.F.R. part 1036 based primarily on their impact on
  148  climate, including carbon dioxide, methane, and nitrous oxide.
  149         (d)“Local governments” means a county or municipality as
  150  those terms are defined in s. 165.031(1) and (3), respectively,
  151  including any department, agency, board, or political
  152  subdivision of a county or municipality.
  153         (e)“State agency” means an agency as defined in s.
  154  120.52(1)(a).
  155         (f)“State university has the same meaning as in s.
  156  1000.21(6).
  157         (3)CREATION.—The department shall develop a greenhouse gas
  158  registry and inventory, in coordination with the Department of
  159  Management Services and the Department of Environmental
  160  Protection. The department shall maintain the registry and
  161  inventory.
  162         (4)REPORTING.—
  163         (a)All state agencies shall annually report to the
  164  department greenhouse gas emissions data, set out by building
  165  and vehicle categories.
  166         (b)Local governments, state universities, Florida College
  167  System institutions, and all private sector businesses may
  168  choose to submit greenhouse gas emission data to the department.
  169  The department shall encourage such entities to voluntarily
  170  participate in the state’s registry and inventory.
  171         (c)By each August 31, the department shall submit a report
  172  to the Governor, the President of the Senate, and the Speaker of
  173  the House of Representatives detailing the greenhouse gases
  174  emitted by each state agency by building and vehicle categories.
  175  The report must also include recommendations for lowering the
  176  greenhouse gas emissions.
  177         (5)RULES.—The department may adopt rules to implement and
  178  administer this section, including, but not limited to,
  179  methodologies for the inventorying, recording, and monitoring of
  180  greenhouse gas emissions and for recording reductions in such
  181  emissions.
  182         Section 4. Section 377.818, Florida Statutes, is created to
  183  read:
  184         377.818 Climate Adaptation Research Grant Program.—
  185         (1)CREATION.—The Climate Adaptation Research Grant Program
  186  is established within the Department of Agriculture and Consumer
  187  Services to provide grants for research pertaining to the
  188  effects of climate change on this state and strategies for
  189  adapting to and mitigating the effects of climate change on this
  190  state.
  191         (2)PURPOSE.—The purpose of the program is to fulfill the
  192  legislative intent of s. 377.601 by providing guidance regarding
  193  the effects of climate change on this state, and to provide
  194  sound scientific information to guide the state’s future policy
  195  discussions relating to climate change, including, but not
  196  limited to, guidance as to how this state may best adapt to and
  197  mitigate the effects of climate change.
  198         (3)APPLICATIONS.—
  199         (a)A state university, as defined in s. 1000.21(6), and a
  200  Florida College System institution, as defined in s. 1000.21(3),
  201  may participate in the grant program.
  202         (b)An applicant shall include in each grant application it
  203  submits an affidavit attesting to the accuracy of the statements
  204  contained in the application.
  205         (c)The department may solicit the expertise of state
  206  agencies, state universities, and Florida College System
  207  institutions, as well as other public and private entities the
  208  department deems appropriate, in evaluating project proposals.
  209  If requested to do so by the department, a state agency must
  210  cooperate with the department in evaluating project proposals.
  211         (4)FUNDING.—Funding for projects under the program is
  212  based on availability.
  213         (5)REPORT.—By January 1, 2022, the department shall submit
  214  a report on the research findings and recommendations for
  215  mitigation strategies to the Governor, the President of the
  216  Senate, and the Speaker of the House of Representatives.
  217         (6)RULES.—The department may adopt rules to implement and
  218  administer this section, including, but not limited to,
  219  application requirements, ranking of applications, and awarding
  220  grants under the program.
  221         Section 5. Section 377.819, Florida Statutes, is created to
  222  read:
  223         377.819Clean Energy Research, Development, Demonstration,
  224  and Deployment Center Program.—
  225         (1)LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
  226  it imperative that this state play a leading role in promoting,
  227  developing, and instituting sustainable clean energy policies
  228  and technologies that may reduce greenhouse gas emissions,
  229  decrease the state’s dependence on fossil fuels, and provide
  230  economic benefits and opportunities to Floridians. Therefore,
  231  the Legislature intends to create a clean energy research center
  232  within the Department of Agriculture and Consumer Services to
  233  provide funding to state universities within the State
  234  University System for the purpose of researching, developing,
  235  demonstrating, and deploying advanced, sustainable clean energy
  236  technologies, with the goal of becoming a nationally recognized
  237  center that provides industry support through collaboration.
  238         (2)CREATION.—The Clean Energy Research, Development,
  239  Demonstration, and Deployment Center Program is established
  240  within the Department of Agriculture and Consumer Services to
  241  provide grants for the development of a clean energy center
  242  focused on conducting research, development, demonstration, and
  243  deployment of advanced and sustainable clean energy technology
  244  and supporting industry research, development, demonstration,
  245  and deployment through collaboration. The program must be
  246  designed to conduct state- and federally funded research that
  247  relies on an easily established system for industry
  248  collaboration and the use of the center’s equipment and
  249  expertise.
  250         (3)APPLICATIONS.—
  251         (a)A state university, as defined in s. 1000.21(6), may
  252  participate in the program and receive grants for projects that
  253  meet the requirements of this section.
  254         (b)The department may solicit the expertise of state
  255  agencies, state universities, and Florida College System
  256  institutions, as well as other public and private entities the
  257  department deems appropriate, in evaluating project proposals.
  258  If requested to do so by the department, a state agency must
  259  cooperate with the department in evaluating project proposals.
  260         (c)An applicant shall include in each grant application
  261  that it submits an affidavit attesting to the accuracy of the
  262  statements contained in the application.
  263         (4)ELIGIBLE PROJECTS.—
  264         (a)A project that is eligible for a grant under this
  265  section must be completed within 5 years after the date the
  266  grant agreement is executed.
  267         (b)A grant recipient may not use grant funds for any of
  268  the following:
  269         1.New construction, major construction, or repairs of
  270  buildings, structures, or facilities, as defined by department
  271  rule.
  272         2.The refinancing of existing debt.
  273         3.The costs or expenses of preparing or submitting the
  274  grant application.
  275         4.Routine maintenance or other routine operating costs of
  276  the applicant’s facilities.
  277         5.Building improvements that are not directly associated
  278  with the applicant’s facilities.
  279         (5)FUNDING.—Funding for projects under the program is
  280  based on availability.
  281         (6)RULES.—The department may adopt rules to implement and
  282  administer this section, including, but not limited to,
  283  application requirements, ranking applications, and awarding
  284  grants under this program.
  285         Section 6. Section 377.821, Florida Statutes, is created to
  286  read:
  287         377.821 Farm Renewable and Efficiency Demonstrations
  288  Program.—
  289         (1)CREATION AND PURPOSE.—The Farm Renewable and Efficiency
  290  Demonstrations Program is established within the department to
  291  promote the adoption of technologies and practices that increase
  292  energy efficiency, renewable energy, and water conservation use
  293  in agriculture in this state.
  294         (2)DEFINITIONS.—For purposes of this section, the term:
  295         (a)Agricultural producer” means a grower of agricultural
  296  products that are produced in the state.
  297         (b)“Agricultural products” has the same meaning as in s.
  298  604.15.
  299         (c)“Department” means the Department of Agriculture and
  300  Consumer Services.
  301         (d)“Energy and water evaluation” means:
  302         1.The baseline of an agricultural producer’s current
  303  energy and water expenditures and current energy and water
  304  usage, including electric and other fuel sources.
  305         2.An inventory and analysis of the agricultural producer’s
  306  existing energy consuming devices.
  307         3.An analysis of other factors affecting the agricultural
  308  producer’s energy and water use.
  309         4.An assessment of the potential to use renewable energy
  310  generation.
  311         5.A recommendation of specific and implementable energy
  312  efficiency and water conservation measures and renewable energy
  313  devices, and their estimated cost and projected savings and
  314  payback period.
  315         (e)“Farm” has the same meaning as in s. 823.14(3)(a).
  316         (f)“High poverty” means poverty at a rate that is
  317  determined to be at least 25 percent of the total population of
  318  a census tract or a set of contiguous census tracts using the
  319  most recent United States Census Bureau American Community
  320  Survey 5-Year Estimates.
  321         (g)“Historically underserved producers” means an eligible
  322  person, joint operation, or legal entity that is a beginning
  323  farmer or rancher, a socially disadvantaged farmer or rancher,
  324  or a limited resource farmer or rancher.
  325         (h)“Renewable energy” has the same meaning as in s.
  326  366.91(2)(d).
  327         (3)FARM RENEWABLE AND EFFICIENCY EVALUATIONS AND
  328  DEMONSTRATIONS.—
  329         (a)The department shall conduct energy and water
  330  evaluations on site at the individual farms of agricultural
  331  producers who submit an application to and are accepted into the
  332  program to determine the producer’s potential for energy
  333  efficiency, renewable energy, and water conservation
  334  improvements.
  335         (b)The department may provide a financial incentive of up
  336  to $25,000 to cover 80 percent of the cost to implement some or
  337  all of the recommendations from the energy and water evaluation.
  338         (4)APPLICATION PROCESS.—
  339         (a)An applicant seeking to obtain an energy and water
  340  evaluation, including financial incentives for implementing the
  341  recommendations of the evaluation, shall submit an application
  342  to the department by a specified date each year, as established
  343  by department rule.
  344         (b)In order for the department to evaluate energy, water,
  345  and monetary savings to an applicant, the applicant shall submit
  346  to the department the applicant’s utility usage and cost data
  347  for the 12 months before the implementation of any recommended
  348  improvements and for 12 months after the implementation of the
  349  recommended improvements.
  350         (c)The department may allocate financial incentives to
  351  applicants who meet all statutory and rule criteria on a first
  352  come, first-served basis, as determined by the date the
  353  application is received, until all appropriated funds for the
  354  fiscal year are expended or the program ends, whichever comes
  355  first. Incomplete applications submitted to the department may
  356  not be accepted and such applicants are not secured a place in
  357  the first-come, first-served application process.
  358         (d)The department may give priority consideration to
  359  historically underserved producers or projects that serve
  360  communities in counties classified as high poverty.
  361         (e)The total of the energy and water evaluations provided
  362  and the amount of grants awarded in each fiscal year may not
  363  exceed the amount appropriated for the program in that fiscal
  364  year.
  365         (5)ANNUAL ASSESSMENT.—By October 1, 2021, and each year
  366  thereafter that the program is funded, the department shall
  367  provide an annual report containing an assessment of the program
  368  during the previous fiscal year to the Governor, the President
  369  of the Senate, and the Speaker of the House of Representatives.
  370  The report must include, at a minimum, all of the following
  371  information:
  372         (a)The name of each applicant that received an evaluation
  373  under this section.
  374         (b)The name of each applicant that received a financial
  375  incentive for implementing any recommendations of an evaluation
  376  under this section.
  377         (c)The amount of the financial incentive awarded to each
  378  applicant.
  379         (d)A description of each recommended improvement made by
  380  an applicant.
  381         (e)Utility usage and cost data for the 12 months before
  382  the applicant implemented improvements under this section and
  383  the 12 months after the applicant implemented any such
  384  improvements.
  385         (f)Energy, water, and monetary savings as a result of each
  386  evaluation and financial incentive funded under this section.
  387         (g)The aggregate amount of funding awarded for all
  388  applicants under this section.
  389         (6)RULES.—The department may adopt rules to implement and
  390  administer this section, including, but not limited to,
  391  application requirements, the ranking of applications, and the
  392  awarding financial incentives under the program.
  393         Section 7. Section 377.822, Florida Statutes, is created to
  394  read:
  395         377.822 Agriculture Resiliency Grant Program.—
  396         (1)LEGISLATIVE FINDINGS.—The Legislature finds that water,
  397  food, and energy are some of the most basic human needs, are
  398  vital state resources, and are interconnected; that actions
  399  taken in the water, food, or energy sector may have an impact in
  400  one or both of the other sectors; that the demand for fresh
  401  water, energy, and food are expected to increase significantly
  402  over the next decades due to the pressures associated with
  403  population growth and mobility, economic development,
  404  international trade, urbanization, diversifying diets, cultural
  405  and technological changes, and changes in the climate; and that
  406  this state must be prepared to address future demands and
  407  stressors to this state’s water, food, and energy sectors and
  408  ensure their sustainability.
  409         (2)CREATION AND PURPOSE.—The Agriculture Resiliency Grant
  410  Program is established within the Department of Agriculture and
  411  Consumer Services to provide matching grants for research that
  412  takes a systems approach to the agriculture, energy, and water
  413  sectors for the purpose of developing innovative solutions that
  414  improve system function and management, address system stress,
  415  increase resiliency, and ensure sustainability across all three
  416  sectors.
  417         (3)APPLICATIONS.—
  418         (a)All of the following entities may participate in the
  419  program:
  420         1.State universities and Florida College System
  421  institutions, as defined in s. 1000.21.
  422         2.Private universities located in this state.
  423         3.Investor-owned, municipal, or cooperative utilities
  424  located and operating in this state.
  425         4.Other qualified persons or entities, as determined by
  426  the department.
  427         (b)The department may solicit the expertise of state
  428  agencies, water management districts, universities, and Florida
  429  College System institutions, as well as other public and private
  430  entities the department deems appropriate, in evaluating project
  431  proposals. If requested to do so by the department, a state
  432  agency must cooperate with the department in evaluating project
  433  proposals.
  434         (c)An applicant must include an affidavit attesting to the
  435  accuracy of the statements contained in the application in each
  436  grant application it submits.
  437         (4)FUNDING.—Funding for projects under the program is
  438  based on availability.
  439         (5)RULES.—The department may adopt rules to implement and
  440  administer this section, including, but not limited to,
  441  application requirements, the ranking of applications, and the
  442  awarding of grants under the program.
  443         Section 8. Present subsections (8) through (13) of section
  444  1004.648, Florida Statutes, are redesignated as subsections (9)
  445  through (14), respectively, a new subsection (8) is added to
  446  that section, and subsection (1) and present subsections (9) and
  447  (12) of that section are amended, to read:
  448         1004.648 Florida Energy Systems Consortium.—
  449         (1) There is created the Florida Energy Systems Consortium
  450  to promote collaboration among experts in the State University
  451  System for the purposes of sharing energy-related expertise and
  452  assisting in the development and implementation of a
  453  comprehensive, long-term, environmentally compatible,
  454  sustainable, and efficient energy strategic plan for the state.
  455  The Department of Agriculture and Consumer Services shall fund
  456  the consortium, as provided in the General Appropriations Act.
  457         (8)The Department of Agriculture and Consumer Services may
  458  establish and manage a competitive grant program that is open to
  459  consortium members. The grant program must provide energy
  460  related research and development funds for the purpose of
  461  implementing and administering this section. The department may
  462  adopt rules to implement and administer this section.
  463         (10)(9) Through collaborative research and development
  464  across the State University System and the industry, the goal of
  465  the consortium is to become a world leader in energy research,
  466  education, technology, and energy systems analysis. In so doing,
  467  the consortium shall:
  468         (a) Coordinate and initiate increased collaborative
  469  interdisciplinary energy research among the universities and the
  470  energy industry.
  471         (b) Assist in the creation and development of a Florida
  472  based energy technology industry through efforts that would
  473  expedite commercialization of innovative energy technologies by
  474  taking advantage of the energy expertise within the State
  475  University System, high-technology incubators, industrial parks,
  476  and industry-driven research centers.
  477         (c) Provide a state resource for objective energy systems
  478  analysis.
  479         (d) Develop education and outreach programs to prepare a
  480  qualified energy workforce and informed public. Specifically,
  481  the faculty associated with the consortium shall coordinate a
  482  statewide workforce development initiative focusing on college
  483  level degrees, technician training, and public and commercial
  484  sectors awareness. The consortium shall develop specific
  485  programs targeted at preparing graduates who have a background
  486  in energy, continuing education courses for technical and
  487  nontechnical professionals, and modules, laboratories, and
  488  courses to be shared among the universities. Additionally, the
  489  consortium shall work with the Florida College System using the
  490  Florida Advanced Technological Education Center for the
  491  coordination and design of industry-specific training programs
  492  for technicians.
  493         (13)(12) The steering committee shall consist of the
  494  university representatives from each state university with
  495  energy research programs, appointed by the vice president for
  496  research, included in the Centers of Excellence proposals for
  497  the Florida Energy Systems Consortium and the Center of
  498  Excellence in Ocean Energy Technology-Phase II which were
  499  reviewed during the 2007-2008 fiscal year by the Florida
  500  Technology, Research, and Scholarship Board created in s.
  501  1004.226(4), Florida Statutes 2006; a university representative
  502  appointed by the President of Florida International University;
  503  and a representative of the Department of Agriculture and
  504  Consumer Services. The steering committee is responsible for
  505  establishing and ensuring the success of the consortium’s
  506  mission under subsection (10). A private university in this
  507  state may be a guest member of the consortium with the approval
  508  of the consortium steering committee (9).
  509         Section 9. This act shall take effect July 1, 2020.
  510