Florida Senate - 2021 SB 136 By Senator Brandes 24-00347-21 2021136__ 1 A bill to be entitled 2 An act relating to the Energy 2040 Task Force; 3 creating the Energy 2040 Task Force within the Public 4 Service Commission; specifying the purpose of the task 5 force; requiring the task force to make 6 recommendations, giving consideration to certain 7 topics; requiring the commission to provide 8 administrative and support services; specifying the 9 task force membership; authorizing the task force to 10 establish advisory committees; specifying that the 11 task force and any advisory committee members will 12 serve without compensation, but are entitled to per 13 diem and travel expenses; requiring that state 14 agencies assist and cooperate with the task force and 15 any advisory committees; specifying that appointments 16 to the task force be made by a certain date; 17 specifying the first meeting of the task force; 18 specifying the process for filling vacancies; 19 specifying quorum and voting procedures; requiring the 20 task force to submit recommendations to the Governor 21 and the Legislature by a specified date; providing an 22 expiration date; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. (1) The Energy 2040 Task Force, a task force as 27 defined in s. 20.03(8), Florida Statutes, is created within the 28 Public Service Commission to project this state’s electric 29 energy needs over the next 19 years and determine how best to 30 meet those needs in an efficient, affordable, and reliable 31 manner while increasing competition and consumer choice and 32 ensuring adequate electric reserves. 33 (2) Based on these projections and determinations, the task 34 force shall recommend appropriate electric policies for the 35 state, including any necessary statutory changes. In making its 36 projections and determinations, the task force shall consider 37 all relevant topics, including, but not limited to: 38 (a) Forecasts through the year 2040 of this state’s 39 population growth, electricity needs, and electric supply and 40 the expected diversity of fuels and their sources for use in 41 this state. 42 (b) Projections of the effects of allowing nonutility 43 retail sales of renewable energy, including determinations and 44 recommendations on what types of fuels and technologies should 45 be included in the definition of the term “renewable energy” and 46 what criteria, including restrictions, should be required of 47 entities considered nonutility retail renewable energy 48 producers. For purposes of this section, solar technologies are 49 considered renewable energy. 50 (c) The rights of and obligations between a nonutility 51 direct retail renewable energy producer and its customers, 52 including whether such rights and obligations should be a matter 53 of contract or subject to oversight or regulation by the Public 54 Service Commission and whether the courts or the commission 55 should resolve any disputes. 56 (d) The effects of nonutility direct retail renewable 57 energy sales on regulated public utilities’ recovery of 58 previously incurred or sunken costs, including what mechanisms 59 should be used to recover these costs. 60 (e) The effects of nonutility direct retail renewable 61 energy sales on a regulated public utility’s obligation to serve 62 all users of electricity within its service territory and these 63 customers’ continued purchase of any services from the regulated 64 public utility. 65 (f) Projections of the effects of allowing the use of micro 66 grids, including services provided by nonutility entities, on 67 energy grid reliability and what economic, safety, or 68 reliability regulations should apply to nonutility operators of 69 micro grids. 70 (g) Emerging and projected electric technologies and 71 concepts, including, but not limited to: 72 1. Solar and other renewable energy; 73 2. Sustainable energy; 74 3. Smart grid technology; 75 4. Energy storage; 76 5. Electric vehicles, including their potential impact on 77 power supply needs and overall emissions; 78 6. Distributed generation technologies, including their 79 potential contribution to reliable electric supplies and their 80 impact on this state, its environment, and its electric 81 policies; and 82 7. Storm hardening of this state’s electric power 83 transmission and distribution systems. 84 (h) Analysis of the impacts of state and local taxes on 85 government revenues and the electric supply. 86 (i) The environmental impact of electricity production, 87 generation, and transmission in this state. 88 (3) The Public Service Commission shall provide 89 administrative and support services related to the functions of 90 the task force and any of its advisory committees. 91 (4) The task force consists of the following members: 92 (a) The Public Counsel, or his or her designee, who shall 93 serve as the chair of the task force; 94 (b) The executive director of the Public Service 95 Commission, or his or her designee; 96 (c) The chair of the Florida Energy Systems Consortium, or 97 his or her designee; 98 (d) The chief executive officer of the Florida Reliability 99 Coordinating Council, or his or her designee; and 100 (e) Two members of the Senate and two members of the House 101 of Representatives, appointed by the President of the Senate and 102 the Speaker of the House of Representatives, respectively. 103 (5) The task force may establish any necessary technical 104 advisory committees and appoint task force members to those 105 committees. 106 (6) The task force members and any advisory committee 107 members shall serve without compensation, but are entitled to 108 per diem and travel expenses pursuant to s. 112.061, Florida 109 Statutes. 110 (7) All state agencies shall assist and cooperate with the 111 task force as requested by the task force or any of its advisory 112 committees. 113 (8) Appointments to the task force pursuant to subsection 114 (4) must be made by July 1, 2021, and the first meeting of the 115 task force must be held by August 1, 2021. Any vacancy occurring 116 in the membership of the task force is to be filled in the same 117 manner as the original appointment. The task force may not meet 118 or take any action without a quorum present, which is a minimum 119 of five members. Each member of the task force is entitled to 120 one vote, and any recommendation or other action of the task 121 force must be upon a majority vote of the entire membership of 122 the task force. 123 (9) The task force shall submit its recommendations to the 124 Governor, the President of the Senate, and the Speaker of the 125 House of Representatives by January 1, 2023. 126 (10) This section expires on June 30, 2023. 127 Section 2. This act shall take effect upon becoming a law.