Florida Senate - 2025                                    SB 1496
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00327A-25                                          20251496__
    1                        A bill to be entitled                      
    2         An act relating to state renewable energy goals;
    3         amending s. 366.91, F.S.; revising the definitions of
    4         the terms “biomass” and “renewable energy”; amending
    5         s. 377.24, F.S.; prohibiting the drilling or
    6         exploration for, or production of, oil, gas, or other
    7         petroleum products in certain locations; amending s.
    8         377.242, F.S.; prohibiting the permitting and
    9         construction of certain structures intended for the
   10         drilling or exploration for, or production or
   11         transport of, oil, gas, or other petroleum products in
   12         certain locations; creating s. 377.821, F.S.;
   13         providing legislative intent; providing for statewide
   14         net zero carbon emissions by a specified date;
   15         directing the Office of Energy within the Department
   16         of Agriculture and Consumer Services, in consultation
   17         with other state agencies, Florida College System
   18         institutions and state universities, public utilities,
   19         and other private and public entities, to develop a
   20         unified statewide plan to generate the state’s
   21         electricity from renewable energy and reduce the
   22         state’s carbon emissions by specified dates; requiring
   23         state and public entities to cooperate as requested;
   24         specifying plan requirements; requiring the office to
   25         submit the plan to the Governor and the Legislature by
   26         a specified date and to provide annual updates;
   27         creating s. 377.8225, F.S.; creating the Renewable
   28         Energy Workforce Development Advisory Committee in the
   29         Office of Energy; providing for committee membership,
   30         duties, and meetings; defining the term “environmental
   31         justice”; directing the Commissioner of Agriculture to
   32         prepare and submit a specified annual report to the
   33         Legislature by a specified date; providing for future
   34         repeal; reenacting ss. 288.9606(7), 366.92(2)(b),
   35         373.236(7), and 403.973(3)(e) and (18)(b), F.S.,
   36         relating to the issue of revenue bonds, Florida
   37         renewable energy policy, the duration of permits, and
   38         expedited permitting and comprehensive plans,
   39         respectively, to incorporate the amendments made to s.
   40         366.91, F.S., in references thereto; providing an
   41         effective date.
   42          
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Paragraphs (b) and (e) of subsection (2) of
   46  section 366.91, Florida Statutes, are amended to read:
   47         366.91 Renewable energy.—
   48         (2) As used in this section, the term:
   49         (b) “Biomass” means a power source that consists is
   50  comprised of, but is not limited to, combustible residues or
   51  gases from forest products manufacturing;, waste or coproducts,
   52  byproducts, or products from agricultural and orchard crops;,
   53  waste or coproducts from livestock and poultry operations;,
   54  waste or byproducts from food processing;, urban wood waste;
   55  separated, municipal food, yard, or solid waste; or, municipal
   56  liquid waste treatment operations, and landfill gas.
   57         (e) “Renewable energy” means electrical energy produced
   58  from a method that uses one or more of the following fuels or
   59  energy sources: hydrogen produced or resulting from sources
   60  other than fossil fuels, biomass, solar energy, geothermal
   61  energy, wind energy, ocean energy, and hydroelectric power. The
   62  term includes the alternative energy resource, waste heat, from
   63  sulfuric acid manufacturing operations and electrical energy
   64  produced using pipeline-quality synthetic gas produced from
   65  waste petroleum coke with carbon capture and sequestration.
   66         Section 2. Subsection (10) is added to section 377.24,
   67  Florida Statutes, to read:
   68         377.24 Notice of intention to drill well; permits;
   69  abandoned wells and dry holes.—
   70         (10)Notwithstanding this section, this chapter, or other
   71  laws, without exception, the drilling or exploration for, or
   72  production of, oil, gas, or other petroleum products is
   73  prohibited on state lands and waters of the state.
   74         Section 3. Section 377.242, Florida Statutes, is amended to
   75  read:
   76         377.242 Permits for drilling or exploring and extracting
   77  through well holes or by other means.—The department is vested
   78  with the power and authority:
   79         (1)(a) To issue permits for the drilling for, exploring
   80  for, or production of oil, gas, or other petroleum products
   81  which are to be extracted from below the surface of the land,
   82  including submerged land, only through the well hole drilled for
   83  oil, gas, and other petroleum products.
   84         1. A No structure intended for the drilling for, or
   85  production of, oil, gas, or other petroleum products may not be
   86  permitted or constructed on any submerged land within any bay or
   87  estuary.
   88         2. A No structure intended for the drilling for, or
   89  production of, oil, gas, or other petroleum products may not be
   90  permitted or constructed within 1 mile seaward of the coastline
   91  of the state.
   92         3. A No structure intended for the drilling for, or
   93  production of, oil, gas, or other petroleum products may not be
   94  permitted or constructed within 1 mile of the seaward boundary
   95  of any state, local, or federal park or aquatic or wildlife
   96  preserve or on the surface of a freshwater lake, river, or
   97  stream.
   98         4. A No structure intended for the drilling for, or
   99  production of, oil, gas, or other petroleum products may not be
  100  permitted or constructed within 1 mile inland from the shoreline
  101  of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary
  102  or within 1 mile of any freshwater lake, river, or stream unless
  103  the department is satisfied that the natural resources of such
  104  bodies of water and shore areas of the state will be adequately
  105  protected in the event of accident or blowout.
  106         5. Without exception, after July 1, 1989, a no structure
  107  intended for the drilling for, or production of, oil, gas, or
  108  other petroleum products may not be permitted or constructed
  109  south of 26°00′00″ north latitude off Florida’s west coast and
  110  south of 27°00′00″ north latitude off Florida’s east coast,
  111  within the boundaries of Florida’s territorial seas as defined
  112  in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
  113  intended for the drilling for, or production of, oil, gas, or
  114  other petroleum products may not be permitted or constructed
  115  north of 26°00′00″ north latitude off Florida’s west coast to
  116  the western boundary of the state bordering Alabama as set forth
  117  in s. 1, Art. II of the State Constitution, or located north of
  118  27°00′00″ north latitude off Florida’s east coast to the
  119  northern boundary of the state bordering Georgia as set forth in
  120  s. 1, Art. II of the State Constitution, within the boundaries
  121  of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
  122         (b) Subparagraphs (a)1. and 4. do not apply to permitting
  123  or construction of structures intended for the drilling for, or
  124  production of, oil, gas, or other petroleum products pursuant to
  125  an oil, gas, or mineral lease of such lands by the state under
  126  which lease any valid drilling permits are in effect on the
  127  effective date of this act. If In the event that such permits
  128  contain conditions or stipulations, such conditions and
  129  stipulations shall govern and supersede subparagraphs (a)1. and
  130  4.
  131         (c) The prohibitions of subparagraphs (a)1.-4. in this
  132  subsection do not include “infield gathering lines,” provided no
  133  other placements are not placement is reasonably available and
  134  all other required permits have been obtained.
  135         (2) To issue permits to explore for and extract minerals
  136  which are subject to extraction from the land by means other
  137  than through a well hole.
  138         (3) To issue permits to establish natural gas storage
  139  facilities or construct wells for the injection and recovery of
  140  any natural gas for storage in natural gas storage reservoirs.
  141  
  142  Each permit shall contain an agreement by the permitholder that
  143  the permitholder will not prevent inspection by division
  144  personnel at any time. The provisions of this section
  145  prohibiting permits for drilling or exploring for oil in coastal
  146  waters do not apply to any leases entered into before June 7,
  147  1991. Notwithstanding this section, this chapter, or other laws,
  148  without exception, beginning July 1, 2025, a structure intended
  149  for the drilling or exploration for, or production or transport
  150  of, oil, gas, or other petroleum products may not be permitted
  151  or constructed on state lands or waters of the state.
  152         Section 4. Section 377.821, Florida Statutes, is created to
  153  read:
  154         377.821State renewable energy goals.—
  155         (1)By 2050, the Legislature intends for 100 percent of the
  156  electricity used in this state to be generated from 100 percent
  157  renewable energy as defined in s. 366.91. By 2051, the
  158  Legislature intends for this state to have net zero carbon
  159  emissions statewide.
  160         (2)Achieving 100 percent renewable energy generation is
  161  intended to provide unique benefits to the state, including all
  162  of the following:
  163         (a)Displacing fossil fuel consumption.
  164         (b)Adding new electrical generating facilities.
  165         (c)Reducing air pollution, particularly criteria pollutant
  166  emissions and toxic air contaminants.
  167         (d)Contributing to the safe and reliable operation of the
  168  electrical grid, including providing predictable electrical
  169  supply, voltage support, lower line losses, and congestion
  170  relief.
  171         (e)Enhancing economic development and job creation in the
  172  clean energy industry.
  173         (3)The Office of Energy within the Department of
  174  Agriculture and Consumer Services, in consultation with other
  175  state agencies, Florida College System institutions and state
  176  universities, public utilities, and other private and public
  177  entities, shall develop a unified statewide plan to generate 100
  178  percent of this state’s electricity from renewable energy by
  179  2050 and reduce the state’s carbon emissions to net zero by
  180  2051. All public agencies, Florida College System institutions
  181  and state universities, and public utilities shall cooperate
  182  with the office as requested.
  183         (4)The plan must do all of the following:
  184         (a)Include interim goals to reach 50 percent renewable
  185  energy statewide by 2040, 40 percent reduction in carbon
  186  emissions statewide by 2030, and 80 percent reduction in carbon
  187  emissions statewide by 2041.
  188         (b)Require:
  189         1.All private coal-fired and oil-fired electric generating
  190  units to reach zero carbon emissions by 2030.
  191         2.All private natural gas-fired units to reach zero carbon
  192  emissions by 2045, prioritizing reductions by those with higher
  193  rates of emissions and those in and near environmental justice
  194  communities.
  195         3.All municipal natural gas-fired units to reach zero
  196  carbon emissions by 2045, unless the units are converted to
  197  green hydrogen or similar technology that can achieve zero
  198  carbon emissions.
  199         4.All units that use combined heat and power or
  200  cogeneration technology to reach zero carbon emissions by 2045,
  201  unless the units are converted to green hydrogen or similar
  202  technology that can achieve zero carbon emissions.
  203         (c)Provide recommendations for creating:
  204         1.A coal-to-solar program to support the transition of
  205  coal-fired power plants to renewable energy facilities.
  206         2.A commission on market-based carbon pricing solutions.
  207         3.An electric generation task force to investigate carbon
  208  capture and sequestration.
  209         (d)Consider the potential impact of existing and
  210  additional renewable energy incentives and programs with an
  211  emphasis on solar and distributed resources, including energy
  212  storage. The plan must also consider the impact of power
  213  purchase agreements on attaining 100 percent renewable energy
  214  generation.
  215         (5)The office shall submit the statewide plan outlining
  216  potential strategies to reach the goals of this section to the
  217  Governor, the President of the Senate, and the Speaker of the
  218  House of Representatives by January 1, 2026, and shall provide
  219  updates on the progress of achieving this state’s renewable
  220  energy goals each January 1 thereafter.
  221         Section 5. Section 377.8225, Florida Statutes, is created
  222  to read:
  223         377.8225Renewable Energy Workforce Development Advisory
  224  Committee.—
  225         (1)(a)The Renewable Energy Workforce Development Advisory
  226  Committee, a committee as defined in s. 20.03, is created in the
  227  Office of Energy within the Department of Agriculture and
  228  Consumer Services and shall be composed of 13 members, all of
  229  whom are appointed by the Commissioner of Agriculture. The
  230  appointees shall include one representative of the Department of
  231  Agriculture and Consumer Services and one representative of the
  232  Department of Commerce, who shall serve as co-chairs of the
  233  advisory committee; one representative of the Department of
  234  Environmental Protection; one representative of the Department
  235  of Education; two representatives of state universities or
  236  colleges with programs or research focused on renewable energy;
  237  and one representative from each of the following:
  238         1.The Florida AFL-CIO.
  239         2.The Florida Building and Construction Trades Council.
  240         3.An organization serving environmental justice
  241  communities. For purposes of this section, the term
  242  “environmental justice” means the fair treatment and meaningful
  243  involvement of all people, regardless of race, color, national
  244  origin, or income, in matters concerning the development,
  245  implementation, and enforcement of environmental laws,
  246  regulations, and policies.
  247         4.A renewable energy business.
  248         5.An occupational training organization.
  249         6.An economic development organization.
  250         7.A community development organization.
  251  
  252  In making these appointments, the commissioner shall consider
  253  the places of residence of the members to ensure statewide
  254  representation.
  255         (b)The term of office of each member of the advisory
  256  committee is 2 years and must be staggered.
  257         (c)In case of a vacancy on the advisory committee, the
  258  commissioner shall appoint a successor member for the unexpired
  259  portion of the term.
  260         (d)The members of the advisory committee shall serve
  261  without compensation while in the performance of their official
  262  duties.
  263         (2)The advisory committee shall:
  264         (a)Develop, in consultation with the Department of
  265  Commerce, recommendations for a displaced energy workers bill of
  266  rights to provide state support to transitioning energy sector
  267  workers. Once the advisory committee is satisfied with the
  268  recommendations for developing the program, it shall submit the
  269  recommendations to the commissioner for inclusion in the annual
  270  report under subsection (4).
  271         (b)Develop, in consultation with the Department of
  272  Corrections, recommendations for a returning residents clean
  273  jobs training program to provide training for careers in the
  274  clean energy sector to individuals who are currently
  275  incarcerated. Once the advisory committee is satisfied with the
  276  recommendations for developing the program, it shall submit the
  277  recommendations to the commissioner for inclusion in the annual
  278  report under subsection (4).
  279         (c)Develop, in consultation with the Department of
  280  Education, recommendations for an energy transition navigators
  281  program to provide education, outreach, and recruitment to
  282  equity-focused populations to promote awareness of workforce
  283  development programs. Once the advisory committee is satisfied
  284  with the recommendations for developing the program, it shall
  285  submit the recommendations to the commissioner for inclusion in
  286  the annual report under subsection (4).
  287         (d)1.Identify those workers currently employed in the
  288  energy sector and their current training requirements. The
  289  advisory committee shall identify the employment potential of
  290  the energy efficiency industry and the renewable energy industry
  291  and the skills and training needed for workers in those
  292  industries, and make recommendations to the commissioner for
  293  policies to promote employment growth and access to jobs in
  294  those fields. Recommendations of the advisory committee may not
  295  reduce the training required for renewable energy jobs. The
  296  advisory committee shall prioritize maximizing employment
  297  opportunities for residents of environmental justice
  298  communities, minorities, women, and workers displaced in the
  299  transition to renewable energy.
  300         2.By January 1, 2026, the advisory committee shall
  301  establish a target for the number of residents working in the
  302  renewable energy industry by 2029. The advisory committee shall
  303  also establish a target for the number of renewable energy
  304  industry jobs held by residents of environmental justice
  305  communities, proportional to the percentage of residents who
  306  live in environmental justice communities, and the number of
  307  those jobs held by workers displaced in the transition to
  308  renewable energy. The advisory committee shall create similar
  309  targets for each subsequent 5-year period.
  310         3.The advisory committee shall submit an annual report to
  311  the commissioner recommending changes to existing state policies
  312  and programs to meet the targets set forth in subparagraph 2.
  313         (3)The advisory committee shall meet at least three times
  314  annually to review progress in expanding renewable energy
  315  employment. These meetings must be open to members of the public
  316  and must provide opportunities for public comment. At least one
  317  of these meetings must be held in an environmental justice
  318  community each year.
  319         (4)The commissioner shall prepare a report on the findings
  320  and recommendations of the advisory committee and submit the
  321  report to the President of the Senate and the Speaker of the
  322  House of Representatives by January 1, 2026, and each January 1
  323  thereafter.
  324         (5) In accordance with s. 20.052(8), this section is
  325  repealed October 2, 2028, unless reviewed and saved from repeal
  326  through reenactment by the Legislature.
  327         Section 6. For the purpose of incorporating the amendment
  328  made by this act to section 366.91, Florida Statutes, in a
  329  reference thereto, subsection (7) of section 288.9606, Florida
  330  Statutes, is reenacted to read:
  331         288.9606 Issue of revenue bonds.—
  332         (7) Notwithstanding any provision of this section, the
  333  corporation in its corporate capacity may, without authorization
  334  from a public agency under s. 163.01(7), issue revenue bonds or
  335  other evidence of indebtedness under this section to:
  336         (a) Finance the undertaking of any project within the state
  337  that promotes renewable energy as defined in s. 366.91;
  338         (b) Finance the undertaking of any project within the state
  339  that is a project contemplated or allowed under s. 406 of the
  340  American Recovery and Reinvestment Act of 2009;
  341         (c) If permitted by federal law, finance qualifying
  342  improvement projects within the state under s. 163.08; or
  343         (d) Finance the costs of acquisition or construction of a
  344  transportation facility by a private entity or consortium of
  345  private entities under a comprehensive agreement authorized by
  346  s. 334.30.
  347         Section 7. For the purpose of incorporating the amendment
  348  made by this act to section 366.91, Florida Statutes, in a
  349  reference thereto, paragraph (b) of subsection (2) of section
  350  366.92, Florida Statutes, is reenacted to read:
  351         366.92 Florida renewable energy policy.—
  352         (2) As used in this section, the term:
  353         (b) “Renewable energy” includes renewable energy and
  354  renewable natural gas as those terms are defined in s.
  355  366.91(2).
  356         Section 8. For the purpose of incorporating the amendment
  357  made by this act to section 366.91, Florida Statutes, in a
  358  reference thereto, subsection (7) of section 373.236, Florida
  359  Statutes, is reenacted to read:
  360         373.236 Duration of permits; compliance reports.—
  361         (7) A permit approved for a renewable energy generating
  362  facility or the cultivation of agricultural products on lands
  363  consisting of 1,000 acres or more for use in the production of
  364  renewable energy, as defined in s. 366.91(2)(e), shall be
  365  granted for a term of at least 25 years at the applicant’s
  366  request based on the anticipated life of the facility if there
  367  is sufficient data to provide reasonable assurance that the
  368  conditions for permit issuance will be met for the duration of
  369  the permit; otherwise, a permit may be issued for a shorter
  370  duration that reflects the longest period for which such
  371  reasonable assurances are provided. Such a permit is subject to
  372  compliance reports under subsection (4).
  373         Section 9. For the purpose of incorporating the amendment
  374  made by this act to section 366.91, Florida Statutes, in
  375  references thereto, paragraph (e) of subsection (3) and
  376  paragraph (b) of subsection (18) of section 403.973, Florida
  377  Statutes, are reenacted to read:
  378         403.973 Expedited permitting; amendments to comprehensive
  379  plans.—
  380         (3)
  381         (e) Projects resulting in the production of biofuels
  382  cultivated on lands that are 1,000 acres or more or in the
  383  construction of a biofuel or biodiesel processing facility or a
  384  facility generating renewable energy, as defined in s.
  385  366.91(2)(e), are eligible for the expedited permitting process.
  386         (18) The following projects are ineligible for review under
  387  this part:
  388         (b) A project, the primary purpose of which is to:
  389         1. Effect the final disposal of solid waste, biomedical
  390  waste, or hazardous waste in this state.
  391         2. Produce electrical power, unless the production of
  392  electricity is incidental and not the primary function of the
  393  project or the electrical power is derived from a fuel source
  394  for renewable energy as defined in s. 366.91(2)(e).
  395         3. Extract natural resources.
  396         4. Produce oil.
  397         5. Construct, maintain, or operate an oil, petroleum, or
  398  sewage pipeline.
  399         Section 10. This act shall take effect July 1, 2025.