Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1624
       
       
       
       
       
       
                                Ì708214ÄÎ708214                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2024           .                                
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       The Committee on Regulated Industries (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.3210, Florida Statutes, is created
    6  to read:
    7         163.3210Natural gas resiliency and reliability
    8  infrastructure.
    9         (1)It is the intent of the Legislature to maintain,
   10  encourage, and ensure adequate and reliable fuel sources for
   11  public utilities. The resiliency and reliability of fuel sources
   12  for public utilities is critical to the state’s economy; the
   13  ability of the state to recover from natural disasters; and to
   14  the health, safety, welfare, and quality of life of the
   15  residents of the state.
   16         (2)As used in this section, the term:
   17         (a)“Natural gas” means all forms of fuel commonly or
   18  commercially known or sold as natural gas, including compressed
   19  natural gas and liquefied natural gas.
   20         (b)“Natural gas reserve” means a facility that is capable
   21  of storing and transporting and, when operational, actively
   22  stores and transports a supply of natural gas.
   23         (c)“Public utility” has the same meaning as defined in s.
   24  366.02.
   25         (d)“Resiliency facility” means a facility owned and
   26  operated by a public utility for the purposes of assembling,
   27  creating, holding, securing, or deploying natural gas reserves
   28  for temporary use during a system outage or natural disaster.
   29         (3)A resiliency facility is a permitted use in all
   30  commercial, industrial, and manufacturing land use categories in
   31  a local government comprehensive plan and all commercial,
   32  industrial, and manufacturing districts. A resiliency facility
   33  must comply with the setback and landscape criteria for other
   34  similar uses. A local government may adopt an ordinance
   35  specifying buffer and landscaping requirements for resiliency
   36  facilities, provided that such requirements do not exceed the
   37  requirements for similar uses involving the construction of
   38  other facilities that are permitted uses in commercial,
   39  industrial, and manufacturing land use categories and zoning
   40  districts.
   41         (4)After July 1, 2024, a local government may not amend
   42  its comprehensive plan, land use map, zoning districts, or land
   43  development regulations in a manner that would conflict with a
   44  resiliency facility’s classification as a permitted and
   45  allowable use, including, but not limited to, an amendment that
   46  causes a resiliency facility to be a nonconforming use,
   47  structure, or development.
   48         Section 2. Section 286.29, Florida Statutes, is amended to
   49  read:
   50         286.29 Energy guidelines for Climate-friendly public
   51  business.—The Legislature recognizes the importance of
   52  leadership by state government in the area of energy efficiency
   53  and in reducing the greenhouse gas emissions of state government
   54  operations. The following shall pertain to all state agencies
   55  when conducting public business:
   56         (1) The Department of Management Services shall develop the
   57  “Florida Climate-Friendly Preferred Products List.” In
   58  maintaining that list, the department, in consultation with the
   59  Department of Environmental Protection, shall continually assess
   60  products currently available for purchase under state term
   61  contracts to identify specific products and vendors that offer
   62  clear energy efficiency or other environmental benefits over
   63  competing products. When procuring products from state term
   64  contracts, state agencies shall first consult the Florida
   65  Climate-Friendly Preferred Products List and procure such
   66  products if the price is comparable.
   67         (2)State agencies shall contract for meeting and
   68  conference space only with hotels or conference facilities that
   69  have received the “Green Lodging” designation from the
   70  Department of Environmental Protection for best practices in
   71  water, energy, and waste efficiency standards, unless the
   72  responsible state agency head makes a determination that no
   73  other viable alternative exists.
   74         (3) Each state agency shall ensure that all maintained
   75  vehicles meet minimum maintenance schedules shown to reduce fuel
   76  consumption, which include:
   77         (a) Ensuring appropriate tire pressures and tread depth.;
   78         (b) Replacing fuel filters and emission filters at
   79  recommended intervals.;
   80         (c) Using proper motor oils.; and
   81         (d) Performing timely motor maintenance.
   82  
   83  Each state agency shall measure and report compliance to the
   84  Department of Management Services through the Equipment
   85  Management Information System database.
   86         (4)When procuring new vehicles, all state agencies, state
   87  universities, community colleges, and local governments that
   88  purchase vehicles under a state purchasing plan shall first
   89  define the intended purpose for the vehicle and determine which
   90  of the following use classes for which the vehicle is being
   91  procured:
   92         (a)State business travel, designated operator;
   93         (b)State business travel, pool operators;
   94         (c)Construction, agricultural, or maintenance work;
   95         (d)Conveyance of passengers;
   96         (e)Conveyance of building or maintenance materials and
   97  supplies;
   98         (f)Off-road vehicle, motorcycle, or all-terrain vehicle;
   99         (g)Emergency response; or
  100         (h)Other.
  101  
  102  Vehicles described in paragraphs (a) through (h), when being
  103  processed for purchase or leasing agreements, must be selected
  104  for the greatest fuel efficiency available for a given use class
  105  when fuel economy data are available. Exceptions may be made for
  106  individual vehicles in paragraph (g) when accompanied, during
  107  the procurement process, by documentation indicating that the
  108  operator or operators will exclusively be emergency first
  109  responders or have special documented need for exceptional
  110  vehicle performance characteristics. Any request for an
  111  exception must be approved by the purchasing agency head and any
  112  exceptional performance characteristics denoted as a part of the
  113  procurement process prior to purchase.
  114         (2)(5) All state agencies shall use ethanol and biodiesel
  115  blended fuels when available. State agencies administering
  116  central fueling operations for state-owned vehicles shall
  117  procure biofuels for fleet needs to the greatest extent
  118  practicable.
  119         (3)(a)The Department of Management Services shall, in
  120  consultation with the Department of Commerce and the Department
  121  of Agriculture and Consumer Services, develop a Florida Humane
  122  Preferred Energy Products List. In developing the list, the
  123  department must assess products currently available for purchase
  124  under state term contracts that contain or consist of an energy
  125  storage device with a capacity of greater than one kilowatt or
  126  that contain or consist of an energy generation device with a
  127  capacity of greater than 500 kilowatts and identify specific
  128  products that appear to be largely made free from forced labor,
  129  irrespective of the age of the worker. For purposes of this
  130  subsection, the term “forced labor” means any work performed or
  131  service rendered that is:
  132         1.Obtained by intimidation, fraud, or coercion, including
  133  by threat of serious bodily harm to, or physical restraint
  134  against, a person, by means of a scheme intended to cause the
  135  person to believe that if he or she does not perform such labor
  136  or render such service, the person will suffer serious bodily
  137  harm or physical restraint, or by means of the abuse or
  138  threatened abuse of law or the legal process;
  139         2.Imposed on the basis of a characteristic that has been
  140  held by the United States Supreme Court or the Florida Supreme
  141  Court to be protected against discrimination under the
  142  Fourteenth Amendment to the United States Constitution or under
  143  s. 2, Art. I of the State Constitution, including race, color,
  144  national origin, religion, gender, or physical disability;
  145         3.Not performed or rendered voluntarily by a person; or
  146         4.In violation of the Child Labor Law or otherwise
  147  performed or rendered through oppressive child labor.
  148         (b)When procuring the types of energy products described
  149  in paragraph (a) from state term contracts, state agencies and
  150  political subdivisions shall first consult the Florida Humane
  151  Preferred Energy Products List and may not purchase or procure
  152  products not included in the list.
  153         Section 3. Paragraph (e) is added to subsection (1) of
  154  section 337.25, Florida Statutes, to read:
  155         337.25 Acquisition, lease, and disposal of real and
  156  personal property.—
  157         (1)
  158         (e)The department may not, without prior approval from the
  159  Legislature, assign or transfer its permitting rights across any
  160  transportation right-of-way operated by the department to a
  161  third party or governmental entity that does not operate the
  162  transportation right-of-way.
  163         Section 4. Subsection (1) of section 337.403, Florida
  164  Statutes, is amended to read:
  165         337.403 Interference caused by utility; expenses.—
  166         (1) If a utility that is placed upon, under, over, or
  167  within the right-of-way limits of any public road or publicly
  168  owned rail corridor is found by the authority to be unreasonably
  169  interfering in any way with the convenient, safe, or continuous
  170  use, or the maintenance, improvement, extension, or expansion,
  171  of such public road or publicly owned rail corridor, the utility
  172  owner shall, upon 30 days’ written notice to the utility or its
  173  agent by the authority, initiate the work necessary to alleviate
  174  the interference at its own expense except as provided in
  175  paragraphs (a)-(j). The authority may not require a utility
  176  within a public road operated by the authority to be relocated
  177  on behalf of any other third-party or governmental agency
  178  project related to a separate public or private road or
  179  transportation corridor. The work must be completed within such
  180  reasonable time as stated in the notice or such time as agreed
  181  to by the authority and the utility owner.
  182         (a) If the relocation of utility facilities, as referred to
  183  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
  184  84-627, is necessitated by the construction of a project on the
  185  federal-aid interstate system, including extensions thereof
  186  within urban areas, and the cost of the project is eligible and
  187  approved for reimbursement by the Federal Government to the
  188  extent of 90 percent or more under the Federal-Aid Highway Act,
  189  or any amendment thereof, then in that event the utility owning
  190  or operating such facilities shall perform any necessary work
  191  upon notice from the department, and the state shall pay the
  192  entire expense properly attributable to such work after
  193  deducting therefrom any increase in the value of a new facility
  194  and any salvage value derived from an old facility.
  195         (b) When a joint agreement between the department and the
  196  utility is executed for utility work to be accomplished as part
  197  of a contract for construction of a transportation facility, the
  198  department may participate in those utility work costs that
  199  exceed the department’s official estimate of the cost of the
  200  work by more than 10 percent. The amount of such participation
  201  is limited to the difference between the official estimate of
  202  all the work in the joint agreement plus 10 percent and the
  203  amount awarded for this work in the construction contract for
  204  such work. The department may not participate in any utility
  205  work costs that occur as a result of changes or additions during
  206  the course of the contract.
  207         (c) When an agreement between the department and utility is
  208  executed for utility work to be accomplished in advance of a
  209  contract for construction of a transportation facility, the
  210  department may participate in the cost of clearing and grubbing
  211  necessary to perform such work.
  212         (d) If the utility facility was initially installed to
  213  exclusively serve the authority or its tenants, or both, the
  214  authority shall bear the costs of the utility work. However, the
  215  authority is not responsible for the cost of utility work
  216  related to any subsequent additions to that facility for the
  217  purpose of serving others. For a county or municipality, if such
  218  utility facility was installed in the right-of-way as a means to
  219  serve a county or municipal facility on a parcel of property
  220  adjacent to the right-of-way and if the intended use of the
  221  county or municipal facility is for a use other than
  222  transportation purposes, the obligation of the county or
  223  municipality to bear the costs of the utility work shall extend
  224  only to utility work on the parcel of property on which the
  225  facility of the county or municipality originally served by the
  226  utility facility is located.
  227         (e) If, under an agreement between a utility and the
  228  authority entered into after July 1, 2009, the utility conveys,
  229  subordinates, or relinquishes a compensable property right to
  230  the authority for the purpose of accommodating the acquisition
  231  or use of the right-of-way by the authority, without the
  232  agreement expressly addressing future responsibility for the
  233  cost of necessary utility work, the authority shall bear the
  234  cost of removal or relocation. This paragraph does not impair or
  235  restrict, and may not be used to interpret, the terms of any
  236  such agreement entered into before July 1, 2009.
  237         (f) If the utility is an electric facility being relocated
  238  underground in order to enhance vehicular, bicycle, and
  239  pedestrian safety and in which ownership of the electric
  240  facility to be placed underground has been transferred from a
  241  private to a public utility within the past 5 years, the
  242  department shall incur all costs of the necessary utility work.
  243         (g) An authority may bear the costs of utility work
  244  required to eliminate an unreasonable interference when the
  245  utility is not able to establish that it has a compensable
  246  property right in the particular property where the utility is
  247  located if:
  248         1. The utility was physically located on the particular
  249  property before the authority acquired rights in the property;
  250         2. The utility demonstrates that it has a compensable
  251  property right in adjacent properties along the alignment of the
  252  utility or, after due diligence, certifies that the utility does
  253  not have evidence to prove or disprove that it has a compensable
  254  property right in the particular property where the utility is
  255  located; and
  256         3. The information available to the authority does not
  257  establish the relative priorities of the authority’s and the
  258  utility’s interests in the particular property.
  259         (h) If a municipally owned utility or county-owned utility
  260  is located in a rural area of opportunity, as defined in s.
  261  288.0656(2), and the department determines that the utility is
  262  unable, and will not be able within the next 10 years, to pay
  263  for the cost of utility work necessitated by a department
  264  project on the State Highway System, the department may pay, in
  265  whole or in part, the cost of such utility work performed by the
  266  department or its contractor.
  267         (i) If the relocation of utility facilities is necessitated
  268  by the construction of a commuter rail service project or an
  269  intercity passenger rail service project and the cost of the
  270  project is eligible and approved for reimbursement by the
  271  Federal Government, then in that event the utility owning or
  272  operating such facilities located by permit on a department
  273  owned rail corridor shall perform any necessary utility
  274  relocation work upon notice from the department, and the
  275  department shall pay the expense properly attributable to such
  276  utility relocation work in the same proportion as federal funds
  277  are expended on the commuter rail service project or an
  278  intercity passenger rail service project after deducting
  279  therefrom any increase in the value of a new facility and any
  280  salvage value derived from an old facility. In no event shall
  281  the state be required to use state dollars for such utility
  282  relocation work. This paragraph does not apply to any phase of
  283  the Central Florida Commuter Rail project, known as SunRail.
  284         (j) If a utility is lawfully located within an existing and
  285  valid utility easement granted by recorded plat, regardless of
  286  whether such land was subsequently acquired by the authority by
  287  dedication, transfer of fee, or otherwise, the authority must
  288  bear the cost of the utility work required to eliminate an
  289  unreasonable interference. The authority shall pay the entire
  290  expense properly attributable to such work after deducting any
  291  increase in the value of a new facility and any salvage value
  292  derived from an old facility.
  293         Section 5. Subsections (1), (2), and (5) of section
  294  366.032, Florida Statutes, are amended to read:
  295         366.032 Preemption over utility service restrictions.—
  296         (1) A municipality, county, special district, development
  297  district, or other political subdivision of the state may not
  298  enact or enforce a resolution, ordinance, rule, code, or policy
  299  or take any action that restricts or prohibits or has the effect
  300  of restricting or prohibiting the types or fuel sources of
  301  energy production which may be used, delivered, converted, or
  302  supplied by the following entities to serve customers that such
  303  entities are authorized to serve:
  304         (a) A public utility or an electric utility as defined in
  305  this chapter;
  306         (b) An entity formed under s. 163.01 that generates, sells,
  307  or transmits electrical energy;
  308         (c) A natural gas utility as defined in s. 366.04(3)(c);
  309         (d) A natural gas transmission company as defined in s.
  310  368.103; or
  311         (e) A Category I liquefied petroleum gas dealer or Category
  312  II liquefied petroleum gas dispenser or Category III liquefied
  313  petroleum gas cylinder exchange operator as defined in s.
  314  527.01.
  315         (2) Except to the extent necessary to enforce the Florida
  316  Building Code adopted pursuant to s. 553.73 or the Florida Fire
  317  Prevention Code adopted pursuant to s. 633.202, a municipality,
  318  county, special district, development district, or other
  319  political subdivision of the state may not enact or enforce a
  320  resolution, an ordinance, a rule, a code, or a policy or take
  321  any action that restricts or prohibits or has the effect of
  322  restricting or prohibiting the use of an appliance, including a
  323  stove or grill, which uses the types or fuel sources of energy
  324  production which may be used, delivered, converted, or supplied
  325  by the entities listed in subsection (1). As used in this
  326  subsection, the term “appliance” means a device or apparatus
  327  manufactured and designed to use energy and for which the
  328  Florida Building Code or the Florida Fire Prevention Code
  329  provides specific requirements.
  330         (5) Any municipality, county, special district, development
  331  district, or political subdivision charter, resolution,
  332  ordinance, rule, code, policy, or action that is preempted by
  333  this act that existed before or on July 1, 2021, is void.
  334         Section 6. Subsection (10) is added to section 366.04,
  335  Florida Statutes, to read:
  336         366.04 Jurisdiction of commission.—
  337         (10)The commission shall approve a targeted storm reserve
  338  amount to be effective January 1, 2025, for each public utility.
  339  The targeted storm reserve amount must be set at a level equal
  340  to 80 percent of the approved incremental storm costs incurred
  341  for the public utility’s highest cost storm impacting its
  342  service area over the 5 calendar years before January 2025. The
  343  approved incremental storm costs that form the basis for the
  344  targeted storm reserve amount must be based on the filings of
  345  the public utility with the commission and orders issued by the
  346  commission.
  347         (a)1.The initial targeted storm reserve amount established
  348  by the commission:
  349         a.Is subject to adjustment on an annual basis for
  350  successive rolling 5-year periods;
  351         b.Must be funded by an increase in base rates effective
  352  January 1, 2025; and
  353         c.Must be designed to allow the utility to recover the
  354  costs to fund the targeted reserve level over a 4-year period.
  355         2.All base rate adjustments and accompanying tariffs must
  356  be:
  357         a.Implemented by administrative approval of the commission
  358  and employ the most recent authorized base rate structure for
  359  the public utility;
  360         b.Filed by October 15 together with the current storm
  361  reserve and supporting documentation and the highest cost storm
  362  over the prior 5 years as reflected by commission order; and
  363         c.Administratively approved by each November 15 to take
  364  effect on January 1 of the following calendar year.
  365         (b)Suspension of base rate increases and implementation of
  366  base rate adjustments under this subsection based on use and
  367  depletion of the storm reserve and the determination of the
  368  annual storm reserve amount must be administratively determined
  369  and approved by the commission consistent with calendar
  370  deadlines under paragraph (a).
  371         (c)The adjustments to base rates must be designed to fund
  372  the public utility storm reserves; the cost recovery of such
  373  base rates must be without regard to any impact on a public
  374  utility’s previous, current, or projected earnings; and the
  375  revenues from such base rates may not be considered in the
  376  calculation of a public utility’s earnings in earnings
  377  surveillance reports filed with the commission.
  378         Section 7. Section 366.075, Florida Statutes, is amended to
  379  read:
  380         366.075 Experimental and transitional rates; experimental
  381  mechanisms.—
  382         (1) The commission is authorized to approve rates on an
  383  experimental or transitional basis for any public utility to
  384  encourage energy conservation or to encourage efficiency. The
  385  application of such rates may be for limited geographic areas
  386  and for a limited period.
  387         (2) The commission is authorized to approve the geographic
  388  area used in testing experimental rates and shall specify in the
  389  order setting those rates the area affected. The commission may
  390  extend the period designated for the test if it determines that
  391  further testing is necessary to fully evaluate the effectiveness
  392  of such experimental rates.
  393         (3) The commission is authorized to establish an
  394  experimental mechanism to facilitate energy infrastructure
  395  investment consistent with the structure set forth in s.
  396  366.96(7) and (8), the intent of s. 366.91(1), and the
  397  definition of the term “renewable natural gas” in s.
  398  366.91(2)(f). The commission shall have discretion to determine
  399  whether to use an annual proceeding to conduct such experimental
  400  mechanism. The commission shall adopt rules to implement and
  401  administer this subsection and shall propose a rule for adoption
  402  as soon as practicable after the effective date of this act, but
  403  not later than October 31, 2024.
  404         Section 8. Section 366.94, Florida Statutes, is amended to
  405  read:
  406         366.94 Electric vehicle charging stations.—
  407         (1) The provision of electric vehicle charging to the
  408  public by a nonutility is not the retail sale of electricity for
  409  the purposes of this chapter. The rates, terms, and conditions
  410  of electric vehicle charging services by a nonutility are not
  411  subject to regulation under this chapter. This section does not
  412  affect the ability of individuals, businesses, or governmental
  413  entities to acquire, install, or use an electric vehicle charger
  414  for their own vehicles.
  415         (2) The Department of Agriculture and Consumer Services
  416  shall adopt rules to provide definitions, methods of sale,
  417  labeling requirements, and price-posting requirements for
  418  electric vehicle charging stations to allow for consistency for
  419  consumers and the industry.
  420         (3)(a) It is unlawful for a person to stop, stand, or park
  421  a vehicle that is not capable of using an electrical recharging
  422  station within any parking space specifically designated for
  423  charging an electric vehicle.
  424         (b) If a law enforcement officer finds a motor vehicle in
  425  violation of this subsection, the officer or specialist shall
  426  charge the operator or other person in charge of the vehicle in
  427  violation with a noncriminal traffic infraction, punishable as
  428  provided in s. 316.008(4) or s. 318.18.
  429         (4)The commission may approve voluntary public utility
  430  programs to become effective on or after January 1, 2025, for
  431  residential, customer-specific electric vehicle charging if the
  432  commission determines that the rates and rate structure of the
  433  program will not adversely impact the public utility’s general
  434  body of ratepayers. All revenues received from the program must
  435  be credited to the public utility’s retail ratepayers. This
  436  provision does not preclude cost recovery for electric vehicle
  437  charging programs approved by the commission before January 1,
  438  2024.
  439         Section 9. Section 366.99, Florida Statutes, is created to
  440  read:
  441         366.99 Natural gas facilities relocation costs.—
  442         (1)As used in this section, the term:
  443         (a)“Authority” has the same meaning as in s.
  444  337.401(1)(a).
  445         (b)“Facilities relocation” means the physical moving,
  446  modification, or reconstruction of public utility facilities to
  447  accommodate the requirements imposed by an authority.
  448         (c)“Natural gas facilities” or “facilities” means gas
  449  mains, laterals, and service lines used to distribute natural
  450  gas to customers. The term includes all ancillary equipment
  451  needed for safe operations, including, but not limited to,
  452  regulating stations, meters, other measuring devices,
  453  regulators, and pressure monitoring equipment.
  454         (d)“Natural gas facilities relocation costs” means the
  455  costs to relocate or reconstruct facilities as required by a
  456  mandate, a statute, a law, an ordinance, or an agreement between
  457  the utility and an authority, including, but not limited to,
  458  costs associated with reviewing plans provided by an authority.
  459  The term does not include any costs recovered through the public
  460  utility’s base rates.
  461         (e)“Public utility” or “utility” has the same meaning as
  462  in s. 366.02, except that the term does not include an electric
  463  utility.
  464         (2)A utility may submit to the commission, pursuant to
  465  commission rule, a petition describing the utility’s projected
  466  natural gas facilities relocation costs for the next calendar
  467  year, actual natural gas facilities relocation costs for the
  468  prior calendar year, and proposed cost-recovery factors designed
  469  to recover such costs. A utility’s decision to proceed with
  470  implementing a plan before filing such a petition does not
  471  constitute imprudence.
  472         (3)The commission shall conduct an annual proceeding to
  473  determine each utility’s prudently incurred natural gas
  474  facilities relocation costs and to allow each utility to recover
  475  such costs through a charge separate and apart from base rates,
  476  to be referred to as the natural gas facilities relocation cost
  477  recovery clause. The commission’s review in the proceeding is
  478  limited to determining the prudence of the utility’s actual
  479  incurred natural gas facilities relocation costs and the
  480  reasonableness of the utility’s projected natural gas facilities
  481  relocation costs for the following calendar year; and providing
  482  for a true-up of the costs with the projections on which past
  483  factors were set. The commission shall require that any refund
  484  or collection made as a part of the true-up process includes
  485  interest.
  486         (4)All costs approved for recovery through the natural gas
  487  facilities relocation cost recovery clause must be allocated to
  488  customer classes pursuant to the rate design most recently
  489  approved by the commission.
  490         (5)If a capital expenditure is recoverable as a natural
  491  gas facilities relocation cost, the public utility may recover
  492  the annual depreciation on the cost, calculated at the public
  493  utility’s current approved depreciation rates, and a return on
  494  the undepreciated balance of the costs at the public utility’s
  495  weighted average cost of capital using the last approved return
  496  on equity.
  497         (6)The commission shall adopt rules to implement and
  498  administer this section and shall propose a rule for adoption as
  499  soon as practicable after July 1, 2024.
  500         Section 10. Section 377.601, Florida Statutes, is amended
  501  to read:
  502         377.601 Legislative intent.—
  503         (1) The purpose of the state’s energy policy is to ensure
  504  an adequate and reliable supply of energy for the state in a
  505  manner that promotes the health and welfare of the public and
  506  economic growth. The Legislature intends that governance of the
  507  state’s energy policy be efficiently directed toward achieving
  508  this purpose The Legislature finds that the state’s energy
  509  security can be increased by lessening dependence on foreign
  510  oil; that the impacts of global climate change can be reduced
  511  through the reduction of greenhouse gas emissions; and that the
  512  implementation of alternative energy technologies can be a
  513  source of new jobs and employment opportunities for many
  514  Floridians. The Legislature further finds that the state is
  515  positioned at the front line against potential impacts of global
  516  climate change. Human and economic costs of those impacts can be
  517  averted by global actions and, where necessary, adapted to by a
  518  concerted effort to make Florida’s communities more resilient
  519  and less vulnerable to these impacts. In focusing the
  520  government’s policy and efforts to benefit and protect our
  521  state, its citizens, and its resources, the Legislature believes
  522  that a single government entity with a specific focus on energy
  523  and climate change is both desirable and advantageous. Further,
  524  the Legislature finds that energy infrastructure provides the
  525  foundation for secure and reliable access to the energy supplies
  526  and services on which Florida depends. Therefore, there is
  527  significant value to Florida consumers that comes from
  528  investment in Florida’s energy infrastructure that increases
  529  system reliability, enhances energy independence and
  530  diversification, stabilizes energy costs, and reduces greenhouse
  531  gas emissions.
  532         (2)For the purposes of subsection (1), the state’s energy
  533  policy must be guided by the following goals:
  534         (a)Ensuring a cost-effective and affordable energy supply.
  535         (b)Ensuring adequate supply and capacity.
  536         (c)Ensuring a secure, resilient, and reliable energy
  537  supply, with an emphasis on a diverse supply of domestic energy
  538  resources.
  539         (d)Protecting public safety.
  540         (e)Ensuring consumer choice.
  541         (f)Protecting the state’s natural resources, including its
  542  coastlines, tributaries, and waterways.
  543         (g)Supporting economic growth.
  544         (3)(2)In furtherance of the goals in subsection (2), it is
  545  the policy of the state of Florida to:
  546         (a) Develop and Promote the cost-effective development and
  547  effective use of a diverse supply of domestic energy resources
  548  in this the state and, discourage all forms of energy waste, and
  549  recognize and address the potential of global climate change
  550  wherever possible.
  551         (b) Promote the cost-effective development and maintenance
  552  of energy infrastructure that is resilient to natural and
  553  manmade threats to the security and reliability of the state’s
  554  energy supply Play a leading role in developing and instituting
  555  energy management programs aimed at promoting energy
  556  conservation, energy security, and the reduction of greenhouse
  557  gas emissions.
  558         (c)Reduce reliance on foreign energy resources.
  559         (d)(c) Include energy considerations in all state,
  560  regional, and local planning.
  561         (e)(d) Utilize and manage effectively energy resources used
  562  within state agencies.
  563         (f)(e) Encourage local governments to include energy
  564  considerations in all planning and to support their work in
  565  promoting energy management programs.
  566         (g)(f) Include the full participation of citizens in the
  567  development and implementation of energy programs.
  568         (h)(g) Consider in its decisions the energy needs of each
  569  economic sector, including residential, industrial, commercial,
  570  agricultural, and governmental uses, and reduce those needs
  571  whenever possible.
  572         (i)(h) Promote energy education and the public
  573  dissemination of information on energy and its impacts in
  574  relation to the goals in subsection (2) environmental, economic,
  575  and social impact.
  576         (j)(i) Encourage the research, development, demonstration,
  577  and application of domestic energy resources, including the use
  578  of alternative energy resources, particularly renewable energy
  579  resources.
  580         (k)(j) Consider, in its decisionmaking, the impacts of
  581  energy-related activities on the goals in subsection (2) social,
  582  economic, and environmental impacts of energy-related
  583  activities, including the whole-life-cycle impacts of any
  584  potential energy use choices, so that detrimental effects of
  585  these activities are understood and minimized.
  586         (l)(k) Develop and maintain energy emergency preparedness
  587  plans to minimize the effects of an energy shortage within this
  588  state Florida.
  589         Section 11. Subsection (2) of section 377.6015, Florida
  590  Statutes, is amended to read:
  591         377.6015 Department of Agriculture and Consumer Services;
  592  powers and duties.—
  593         (2) The department shall:
  594         (a) Administer the Florida Renewable Energy and Energy
  595  Efficient Technologies Grants Program pursuant to s. 377.804 to
  596  assure a robust grant portfolio.
  597         (b) Develop policy for requiring grantees to provide
  598  royalty-sharing or licensing agreements with state government
  599  for commercialized products developed under a state grant.
  600         (c)Administer the Florida Green Government Grants Act
  601  pursuant to s. 377.808 and set annual priorities for grants.
  602         (b)(d) Administer the information gathering and reporting
  603  functions pursuant to ss. 377.601-377.608.
  604         (e)Administer the provisions of the Florida Energy and
  605  Climate Protection Act pursuant to ss. 377.801-377.804.
  606         (c)(f) Advocate for energy and climate change issues
  607  consistent with the goals in s. 377.601(2) and provide
  608  educational outreach and technical assistance in cooperation
  609  with the state’s academic institutions.
  610         (d)(g) Be a party in the proceedings to adopt goals and
  611  submit comments to the Public Service Commission pursuant to s.
  612  366.82.
  613         (e)(h) Adopt rules pursuant to chapter 120 in order to
  614  implement all powers and duties described in this section.
  615         Section 12. Subsection (1) and paragraphs (e), (f), and (m)
  616  of subsection (2) of section 377.703, Florida Statutes, are
  617  amended to read:
  618         377.703 Additional functions of the Department of
  619  Agriculture and Consumer Services.—
  620         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  621  demand questions have become a major area of concern to the
  622  state which must be dealt with by effective and well-coordinated
  623  state action, it is the intent of the Legislature to promote the
  624  efficient, effective, and economical management of energy
  625  problems, centralize energy coordination responsibilities,
  626  pinpoint responsibility for conducting energy programs, and
  627  ensure the accountability of state agencies for the
  628  implementation of s. 377.601 s. 377.601(2), the state energy
  629  policy. It is the specific intent of the Legislature that
  630  nothing in this act shall in any way change the powers, duties,
  631  and responsibilities assigned by the Florida Electrical Power
  632  Plant Siting Act, part II of chapter 403, or the powers, duties,
  633  and responsibilities of the Florida Public Service Commission.
  634         (2) DUTIES.—The department shall perform the following
  635  functions, unless as otherwise provided, consistent with the
  636  development of a state energy policy:
  637         (e) The department shall analyze energy data collected and
  638  prepare long-range forecasts of energy supply and demand in
  639  coordination with the Florida Public Service Commission, which
  640  is responsible for electricity and natural gas forecasts. To
  641  this end, the forecasts shall contain:
  642         1. An analysis of the relationship of state economic growth
  643  and development to energy supply and demand, including the
  644  constraints to economic growth resulting from energy supply
  645  constraints.
  646         2. Plans for the development of renewable energy resources
  647  and reduction in dependence on depletable energy resources,
  648  particularly oil and natural gas, and An analysis of the extent
  649  to which domestic energy resources, including renewable energy
  650  sources, are being utilized in this the state.
  651         3. Consideration of alternative scenarios of statewide
  652  energy supply and demand for 5, 10, and 20 years to identify
  653  strategies for long-range action, including identification of
  654  potential impacts in relation to the goals in s. 377.601(2)
  655  social, economic, and environmental effects.
  656         4. An assessment of the state’s energy resources, including
  657  examination of the availability of commercially developable and
  658  imported fuels, and an analysis of anticipated impacts in
  659  relation to the goals in s. 377.601(2) effects on the state’s
  660  environment and social services resulting from energy resource
  661  development activities or from energy supply constraints, or
  662  both.
  663         (f) The department shall submit an annual report to the
  664  Governor and the Legislature reflecting its activities and
  665  making recommendations for policies for improvement of the
  666  state’s response to energy supply and demand and its effect on
  667  the health, safety, and welfare of the residents of this state.
  668  The report must include a report from the Florida Public Service
  669  Commission on electricity and natural gas and information on
  670  energy conservation programs conducted and underway in the past
  671  year and include recommendations for energy efficiency and
  672  conservation programs for the state, including:
  673         1. Formulation of specific recommendations for improvement
  674  in the efficiency of energy utilization in governmental,
  675  residential, commercial, industrial, and transportation sectors.
  676         2. Collection and dissemination of information relating to
  677  energy efficiency and conservation.
  678         3. Development and conduct of educational and training
  679  programs relating to energy efficiency and conservation.
  680         4. An analysis of the ways in which state agencies are
  681  seeking to implement s. 377.601 s. 377.601(2), the state energy
  682  policy, and recommendations for better fulfilling this policy.
  683         (m) In recognition of the devastation to the economy of
  684  this state and the dangers to the health and welfare of
  685  residents of this state caused by severe hurricanes, and the
  686  potential for such impacts caused by other natural disasters,
  687  the Division of Emergency Management shall include in its energy
  688  emergency contingency plan and provide to the Florida Building
  689  Commission for inclusion in the Florida Energy Efficiency Code
  690  for Building Construction specific provisions to facilitate the
  691  use of cost-effective solar energy technologies as emergency
  692  remedial and preventive measures for providing electric power,
  693  street lighting, and water heating service in the event of
  694  electric power outages.
  695         Section 13. Sections 377.801, 377.802, 377.803, 377.804,
  696  377.808, 377.809, and 377.816, Florida Statutes, are repealed.
  697         Section 14. (1)For programs established pursuant to s.
  698  377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
  699  Statutes, there may not be:
  700         (a)New or additional applications, certifications, or
  701  allocations approved.
  702         (b)New letters of certification issued.
  703         (c)New contracts or agreements executed.
  704         (d)New awards made.
  705         (2)All certifications or allocations issued under such
  706  programs are rescinded except for the certifications of, or
  707  allocations to, those certified applicants or projects that
  708  continue to meet the applicable criteria in effect before July
  709  1, 2024. Any existing contract or agreement authorized under any
  710  of these programs shall continue in full force and effect in
  711  accordance with the statutory requirements in effect when the
  712  contract or agreement was executed or last modified. However,
  713  further modifications, extensions, or waivers may not be made or
  714  granted relating to such contracts or agreements, except
  715  computations by the Department of Revenue of the income
  716  generated by or arising out of the qualifying project.
  717         Section 15. Subsection (7) of section 288.9606, Florida
  718  Statutes, is amended to read:
  719         288.9606 Issue of revenue bonds.—
  720         (7) Notwithstanding any provision of this section, the
  721  corporation in its corporate capacity may, without authorization
  722  from a public agency under s. 163.01(7), issue revenue bonds or
  723  other evidence of indebtedness under this section to:
  724         (a) Finance the undertaking of any project within this the
  725  state that promotes renewable energy as defined in s. 366.91 or
  726  s. 377.803;
  727         (b) Finance the undertaking of any project within the state
  728  that is a project contemplated or allowed under s. 406 of the
  729  American Recovery and Reinvestment Act of 2009; or
  730         (c) If permitted by federal law, finance qualifying
  731  improvement projects within the state under s. 163.08; or.
  732         (d) Finance the costs of acquisition or construction of a
  733  transportation facility by a private entity or consortium of
  734  private entities under a public-private partnership agreement
  735  authorized by s. 334.30.
  736         Section 16. Paragraph (w) of subsection (2) of section
  737  380.0651, Florida Statutes, is amended to read:
  738         380.0651 Statewide guidelines, standards, and exemptions.—
  739         (2) STATUTORY EXEMPTIONS.—The following developments are
  740  exempt from s. 380.06:
  741         (w)Any development in an energy economic zone designated
  742  pursuant to s. 377.809 upon approval by its local governing
  743  body.
  744  
  745  If a use is exempt from review pursuant to paragraphs (a)-(u),
  746  but will be part of a larger project that is subject to review
  747  pursuant to s. 380.06(12), the impact of the exempt use must be
  748  included in the review of the larger project, unless such exempt
  749  use involves a development that includes a landowner, tenant, or
  750  user that has entered into a funding agreement with the state
  751  land planning agency under the Innovation Incentive Program and
  752  the agreement contemplates a state award of at least $50
  753  million.
  754         Section 17. Subsection (2) of section 403.9405, Florida
  755  Statutes, is amended to read:
  756         403.9405 Applicability; certification; exemption; notice of
  757  intent.—
  758         (2) No construction of A natural gas transmission pipeline
  759  may not be constructed be undertaken after October 1, 1992,
  760  without first obtaining certification under ss. 403.9401
  761  403.9425, but these sections do not apply to:
  762         (a) Natural gas transmission pipelines which are less than
  763  100 15 miles in length or which do not cross a county line,
  764  unless the applicant has elected to apply for certification
  765  under ss. 403.9401-403.9425.
  766         (b) Natural gas transmission pipelines for which a
  767  certificate of public convenience and necessity has been issued
  768  under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
  769  natural gas transmission pipeline certified as an associated
  770  facility to an electrical power plant pursuant to the Florida
  771  Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
  772  the applicant elects to apply for certification of that pipeline
  773  under ss. 403.9401-403.9425.
  774         (c) Natural gas transmission pipelines that are owned or
  775  operated by a municipality or any agency thereof, by any person
  776  primarily for the local distribution of natural gas, or by a
  777  special district created by special act to distribute natural
  778  gas, unless the applicant elects to apply for certification of
  779  that pipeline under ss. 403.9401-403.9425.
  780         Section 18. Section 409.508, Florida Statutes, is amended
  781  to read:
  782         409.508 Low-income home energy assistance program.—
  783         (1) As used in this section, the term:
  784         (a) “Department” means the Department of Commerce.
  785         (b) “Eligible household” means a household eligible for
  786  funds from the program Low-income Home Energy Assistance Act of
  787  1981, 42 U.S.C. ss. 8621 et seq.
  788         (c)(b) “Home energy” means a source of heating or cooling
  789  in residential dwellings.
  790         (d)“Program” means the federal low-income home energy
  791  assistance program established pursuant to 42 U.S.C. ss. 8621 et
  792  seq.
  793         (e)(c) “Utility” means any person, corporation,
  794  partnership, municipality, cooperative, association, or other
  795  legal entity and its lessees, trustees, or receivers now or
  796  hereafter owning, operating, managing, or controlling any plant
  797  or other facility supplying electricity or natural gas to or for
  798  the public within this state, directly or indirectly, for
  799  compensation.
  800         (2) The department of Economic Opportunity is designated as
  801  the state agency to administer the program Low-income Home
  802  Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et seq. The
  803  department may of Economic Opportunity is authorized to provide
  804  home energy assistance benefits to eligible households which may
  805  be in the form of cash, vouchers, certificates, or direct
  806  payments to electric or natural gas utilities or other energy
  807  suppliers and operators of low-rent, subsidized housing in
  808  behalf of eligible households. Priority must shall be given to
  809  eligible households having at least one elderly or handicapped
  810  individual and to eligible households with the lowest incomes.
  811         (3)(a)The department shall expand categorical eligibility
  812  for the program to include households with residents of this
  813  state who are enrolled in any of the following federal
  814  disability programs:
  815         1.Social Security Disability Insurance program.
  816         2.Social Security Insurance program.
  817         3.United States Department of Veterans Affairs disability
  818  benefits.
  819         4.Supplemental Nutritional Assistance Program.
  820         5.Temporary Assistance for Needy Families.
  821         (b)The department shall develop a comprehensive process
  822  for automatic program payments on behalf of such individuals to
  823  be made directly to the household’s home energy supplier. The
  824  process must include all of the following:
  825         1.Detailed requirements for any necessary statutory or
  826  regulatory change, application process change, or other
  827  requirement necessary to allow the department to identify
  828  individuals who qualify under this subsection for automatic
  829  program payments without requiring the individual to submit
  830  additional program applications.
  831         2.A data sharing process detailing the steps the
  832  department will take to identify and share a list of
  833  categorically eligible residents with home energy suppliers. A
  834  home energy supplier that agrees to receive direct program
  835  payments must apply the benefits as prescribed to the resident
  836  accounts identified by the department and document such payments
  837  in its annual program performance measures report.
  838         (4) Agreements may be established between electric or
  839  natural gas utility companies, other energy suppliers, the
  840  department, and the Department of Revenue to provide, and the
  841  Department of Economic Opportunity for the purpose of providing
  842  payments to energy suppliers in the form of a credit against
  843  sales and use taxes due or direct payments to energy suppliers
  844  for services rendered to low-income, eligible households.
  845         (5)(4) The department of Economic Opportunity shall adopt
  846  rules to carry out the provisions of this section act.
  847         Section 19. Subsection (3) of section 720.3075, Florida
  848  Statutes, is amended to read:
  849         720.3075 Prohibited clauses in association documents.—
  850         (3) Homeowners’ association documents, including
  851  declarations of covenants, articles of incorporation, or bylaws,
  852  may not preclude:
  853         (a) The display of up to two portable, removable flags as
  854  described in s. 720.304(2)(a) by property owners. However, all
  855  flags must be displayed in a respectful manner consistent with
  856  the requirements for the United States flag under 36 U.S.C.
  857  chapter 10.
  858         (b)Types or fuel sources of energy production which may be
  859  used, delivered, converted, or supplied by the following
  860  entities to serve customers within the association that such
  861  entities are authorized to serve:
  862         1.A public utility or an electric utility as defined in
  863  this chapter;
  864         2.An entity formed under s. 163.01 that generates, sells,
  865  or transmits electrical energy;
  866         3.A natural gas utility as defined in s. 366.04(3)(c);
  867         4.A natural gas transmission company as defined in s.
  868  368.103; or
  869         5.A category I liquefied petroleum gas dealer, a category
  870  II liquefied petroleum gas dispenser, or a category III
  871  liquefied petroleum gas cylinder exchange operator as defined in
  872  s. 527.01.
  873         (c)The use of an appliance, including a stove or grill,
  874  which uses the types or fuel sources of energy production which
  875  may be used, delivered, converted, or supplied by the entities
  876  listed in paragraph (b). As used in this paragraph, the term
  877  “appliance” means a device or apparatus manufactured and
  878  designed to use energy and for which the Florida Building Code
  879  or the Florida Fire Prevention Code provides specific
  880  requirements.
  881         Section 20. (1)The Public Service Commission shall conduct
  882  an assessment of the security and resiliency of the state’s
  883  electric grid and natural gas facilities against both physical
  884  threats and cyber threats. The commission shall consult with the
  885  Florida Digital Service in assessing cyber threats. All electric
  886  utilities, natural gas utilities, and natural gas pipelines
  887  operating in this state, regardless of ownership structure,
  888  shall cooperate with the commission to provide access to all
  889  information necessary to conduct the assessment.
  890         (2)By January 1, 2025, the commission shall submit a
  891  report of its assessment to the Governor, the President of the
  892  Senate, and the Speaker of the House of Representatives. The
  893  report must also contain any recommendations for potential
  894  legislative or administrative actions that may enhance the
  895  physical security or cyber security of the state’s electric grid
  896  or natural gas facilities.
  897         Section 21. (1)Recognizing the evolution and advances that
  898  have occurred and continue to occur in nuclear power
  899  technologies, the Public Service Commission shall study and
  900  evaluate the technical and economic feasibility of using
  901  advanced nuclear power technologies, including small modular
  902  reactors, to meet the electrical power needs of the state, and
  903  research means to encourage and foster the installation and use
  904  of such technologies at military installations in this state.
  905         (2)By January 1, 2025, the commission shall prepare and
  906  submit a report to the Governor, the President of the Senate,
  907  and the Speaker of the House of Representatives, containing its
  908  findings and any recommendations for potential legislative or
  909  administrative actions that may enhance the use of advanced
  910  nuclear technologies in a manner consistent with the energy
  911  policy goals in s. 377.601(2), Florida Statutes.
  912         Section 22. (1)Recognizing the continued development of
  913  technologies that support the use of hydrogen as a
  914  transportation fuel and the potential for such use to help meet
  915  the state’s energy policy goals in s. 377.601(2), Florida
  916  Statutes, the Department of Transportation, in consultation with
  917  the Office of Energy within the Department of Agriculture and
  918  Consumer Services, shall study and evaluate the potential
  919  development of hydrogen fueling infrastructure, including
  920  fueling stations, to support hydrogen-powered vehicles that use
  921  the state highway system.
  922         (2)By January 1, 2025, the department shall prepare and
  923  submit a report to the Governor, the President of the Senate,
  924  and the Speaker of the House of Representatives, containing its
  925  findings and any recommendations for potential legislative or
  926  administrative actions that may accommodate the future
  927  development of hydrogen fueling infrastructure in a manner
  928  consistent with the energy policy goals in s. 377.601(2),
  929  Florida Statutes.
  930         Section 23. Paragraph (d) of subsection (2) of section
  931  220.193, Florida Statutes, is amended to read:
  932         220.193 Florida renewable energy production credit.—
  933         (2) As used in this section, the term:
  934         (d) “Florida renewable energy facility” means a facility in
  935  the state that produces electricity for sale from renewable
  936  energy, as defined in s. 377.803.
  937         Section 24. This act shall take effect July 1, 2024.
  938  
  939  ================= T I T L E  A M E N D M E N T ================
  940  And the title is amended as follows:
  941         Delete everything before the enacting clause
  942  and insert:
  943                        A bill to be entitled                      
  944         An act relating to energy resources; creating s.
  945         163.3210, F.S.; providing legislative intent; defining
  946         terms; allowing resiliency facilities in certain land
  947         use categories in local government comprehensive plans
  948         and specified districts if certain criteria are met;
  949         authorizing local governments to adopt ordinances for
  950         resiliency facilities if certain requirements are met;
  951         prohibiting amendments to a local government’s
  952         comprehensive plan, land use map, zoning districts, or
  953         land development regulations in a manner that would
  954         conflict with resiliency facility classification after
  955         a specified date; amending s. 286.29, F.S.; revising
  956         energy guidelines for public businesses; deleting the
  957         requirement that the Department of Management Services
  958         develop and maintain the Florida Climate-Friendly
  959         Preferred Products List; deleting the requirement that
  960         state agencies contract for meeting and conference
  961         space only with facilities that have a Green Lodging
  962         designation; deleting the requirement that state
  963         agencies, state universities, community colleges, and
  964         local governments that procure new vehicles under a
  965         state purchasing plan select certain vehicles under a
  966         specified circumstance; requiring the Department of
  967         Management Services to develop a Florida Humane
  968         Preferred Energy Products List in consultation with
  969         the Department of Commerce and the Department of
  970         Agriculture and Consumer Services; providing for
  971         assessment considerations in developing the list;
  972         defining the term “forced labor”; requiring state
  973         agencies and political subdivisions that procure
  974         energy products from state term contracts to consult
  975         the list and purchase or procure such products;
  976         prohibiting state agencies and political subdivisions
  977         from purchasing or procuring products not included in
  978         the list; amending s. 337.25, F.S.; prohibiting the
  979         Department of Transportation from assigning or
  980         transferring its permitting rights across
  981         transportation rights-of-way operated by the
  982         department to certain third parties under certain
  983         circumstances; amending s. 337.403, F.S.; prohibiting
  984         authorities from requiring the relocation of utilities
  985         on behalf of certain other third-party or governmental
  986         agency projects; amending s. 366.032, F.S.; including
  987         development districts as a type of political
  988         subdivision for purposes of preemption over utility
  989         service restrictions; amending s. 366.04, F.S.;
  990         requiring the Public Service Commission to approve
  991         targeted storm reserve amounts for public utilities;
  992         providing requirements for the targeted storm reserve
  993         amounts; providing for base rate adjustments; amending
  994         s. 366.075, F.S.; authorizing the commission to
  995         establish an experimental mechanism to facilitate
  996         energy infrastructure investment for renewable natural
  997         gas; providing requirements for the experimental
  998         mechanism; requiring the commission to adopt rules;
  999         providing a timeframe for such rulemaking; amending s.
 1000         366.94, F.S.; deleting terminology; conforming
 1001         provisions to changes made by the act; authorizing the
 1002         commission upon a specified date to approve voluntary
 1003         public utility programs for electric vehicle charging
 1004         if certain requirements are met; requiring that all
 1005         revenues received from such program be credited to the
 1006         public utility’s general body of ratepayers; providing
 1007         applicability; creating s. 366.99, F.S.; defining
 1008         terms; authorizing public utilities to submit to the
 1009         commission a petition for a proposed cost recovery for
 1010         certain natural gas facilities relocation costs;
 1011         requiring the commission to conduct annual proceedings
 1012         to determine each utility’s prudently incurred natural
 1013         gas facilities relocation costs and to allow for the
 1014         recovery of such costs; providing requirements for the
 1015         commission’s review; providing requirements for the
 1016         allocation of such recovered costs; requiring the
 1017         commission to adopt rules; providing a timeframe for
 1018         such rulemaking; amending s. 377.601, F.S.; revising
 1019         legislative intent; amending s. 377.6015, F.S.;
 1020         revising the powers and duties of the department;
 1021         conforming provisions to changes made by the act;
 1022         amending s. 377.703, F.S.; revising additional
 1023         functions of the department relating to energy
 1024         resources; conforming provisions to changes made by
 1025         the act; repealing ss. 377.801, 377.802, 377.803,
 1026         377.804, 377.808, 377.809, and 377.816, F.S., relating
 1027         to the Florida Energy and Climate Protection Act, the
 1028         purpose of the act, and definitions under the act, the
 1029         Renewable Energy and Energy-Efficient Technologies
 1030         Grants Program, the Florida Green Government Grants
 1031         Act, the Energy Economic Zone Pilot Program, and the
 1032         qualified energy conservation bond allocation;
 1033         prohibiting the approval of new or additional
 1034         applications, certifications, or allocations under
 1035         such programs; prohibiting new contracts, agreements,
 1036         and awards under such programs; rescinding all
 1037         certifications or allocations issued under such
 1038         programs; providing an exception; providing
 1039         application relating to existing contracts or
 1040         agreements under such programs; amending ss. 288.9606
 1041         and 380.0651, F.S.; conforming provisions to changes
 1042         made by the act; amending s. 403.9405, F.S.; revising
 1043         the applicability of the Natural Gas Transmission
 1044         Pipeline Siting Act; amending s. 409.508, F.S.;
 1045         defining and redefining terms; requiring the
 1046         Department of Commerce to expand categorical
 1047         eligibility for the low-income home energy assistance
 1048         program to include individuals who are enrolled in
 1049         certain federal disability programs; requiring the
 1050         department to develop a comprehensive process for
 1051         automatic payments to be made on behalf of such
 1052         individuals; providing requirements for such process;
 1053         making technical changes; amending s. 720.3075, F.S.;
 1054         prohibiting certain homeowners’ association documents
 1055         from precluding certain types or fuel sources of
 1056         energy production and the use of certain appliances;
 1057         defining the term “appliance”; requiring the
 1058         commission to conduct an assessment of the security
 1059         and resiliency of the state’s electric grid and
 1060         natural gas facilities against physical threats and
 1061         cyber threats; requiring the commission to consult
 1062         with the Florida Digital Service; requiring
 1063         cooperation from all operating facilities in the state
 1064         relating to such assessment; requiring the commission
 1065         to submit by a specified date a report of such
 1066         assessment to the Governor and the Legislature;
 1067         providing additional content requirements for such
 1068         report; requiring the commission to study and evaluate
 1069         the technical and economic feasibility of using
 1070         advanced nuclear power technologies to meet the
 1071         electrical power needs of the state; requiring the
 1072         commission to submit by a specified date a report to
 1073         the Governor and the Legislature which contains its
 1074         findings and any additional recommendations for
 1075         potential legislative or administrative actions;
 1076         requiring the Department of Transportation, in
 1077         consultation with the Office of Energy within the
 1078         Department of Agriculture and Consumer Services, to
 1079         study and evaluate the potential development of
 1080         hydrogen fueling infrastructure to support hydrogen
 1081         powered vehicles; requiring the department to submit,
 1082         by a specified date, a report to the Governor and the
 1083         Legislature that contains its findings and
 1084         recommendations for specified actions that may
 1085         accommodate the future development of hydrogen fueling
 1086         infrastructure; amending s. 220.193, F.S.; conforming
 1087         a cross-reference; providing an effective date.