October 21, 2020
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_h7135__
HB 7135

1
A bill to be entitled
2An act relating to energy; amending s. 74.051, F.S.;
3requiring a court to conduct a hearing and issue a final
4judgment on a petition for a taking within specified times
5after a utility's request for such hearing; amending s.
6110.171, F.S.; requiring each state agency to complete a
7telecommuting program by a specified date which includes a
8listing of the job classifications and positions that the
9state agency considers appropriate for telecommuting;
10providing requirements for the telecommuting program;
11requiring each state agency to post the telecommuting
12program on its Internet website; amending s. 186.007,
13F.S.; authorizing the Executive Office of the Governor to
14include in the state comprehensive plan goals, objectives,
15and policies related to energy and global climate change;
16amending s. 187.201, F.S.; expanding the air quality,
17energy, and land use goals of the State Comprehensive Plan
18to include the development of low-carbon-emitting electric
19power plants, the reduction of atmospheric carbon dioxide,
20the promotion of the use and development of renewable
21energy resources, and provide for the siting of low carbon
22emitting electric power plants, including nuclear plants;
23amending ss. 196.012 and 196.175, F.S.; deleting outdated,
24obsolete language; removing the expiration date of the
25property tax exemption for real property on which a
26renewable energy source device is installed and revising
27the options for calculating the amount of the exemption;
28amending s. 206.43, F.S.; requiring each terminal
29supplier, importer, blender, and wholesaler to provide in
30a report to the Department of Revenue the number of
31gallons of gasoline fuel meeting and not meeting the
32required fuel standard; amending s. 212.08, F.S.; revising
33the definition of "ethanol"; specifying eligible items as
34limited to one refund; requiring a purchaser who receives
35a refund to notify a subsequent purchaser of such refund;
36requiring the Department of Environmental Protection to
37adopt, by rule, an application form for claiming a tax
38exemption; amending s. 220.192, F.S.; defining terms
39related to a tax credit; allowing the tax credit to be
40transferred for a specified period; providing procedures
41and requirements; requiring the Department of Revenue to
42adopt rules for implementation and administration of the
43program; amending s. 220.193, F.S.; defining the terms
44"sale" or "sold"; defining the term "taxpayer"; providing
45for retroactivity; providing that the use of the renewable
46energy production credit does not reduce the alternative
47minimum tax credit; amending s. 253.02, F.S.; authorizing
48the Board of Trustees of the Internal Improvement Trust
49Fund to delegate authority to grant easements across lands
50owned by the Board of Trustees of the Internal Improvement
51Trust Fund to the Secretary of Environmental Protection
52under certain conditions; amending s. 255.249, F.S.;
53requiring state agencies to annually provide telecommuting
54plans to the Department of Management Services; amending
55s. 255.251, F.S.; creating the "Florida Energy
56Conservation and Sustainable Buildings Act"; amending s.
57255.252, F.S.; providing findings and legislative intent;
58providing that it is the policy of the state that
59buildings constructed and financed by the state be
60designed to meet the United States Green Building Council
61(USGBC) Leadership in Energy and Environmental Design
62(LEED) rating system, the Green Building Initiative's
63Green Globes rating system, the Florida Green Building
64Coalition standards, or a nationally recognized green
65building rating system as approved by the department;
66requiring each state agency occupying space owned or
67managed by the department to identify and compile a list
68of projects suitable for a guaranteed energy, water, and
69wastewater performance savings contract; amending s.
70255.253, F.S.; defining terms relating to energy
71conservation for buildings; amending s. 255.254, F.S.;
72prohibiting a state agency from leasing or constructing a
73facility without having secured from the department a
74proper evaluation of life-cycle costs for the building;
75amending s. 255.255, F.S.; requiring the department to use
76sustainable building ratings for conducting a life-cycle
77cost analysis; amending s. 255.257, F.S.; requiring all
78state agencies to adopt an energy efficiency rating system
79as approved by the department for all new buildings and
80renovations to existing buildings; requiring all county,
81municipal, school district, water management district,
82state university, community college, and Florida state
83court buildings to meet certain energy efficiency
84standards for construction; providing applicability;
85creating s. 286.29, F.S.; requiring the Department of
86Management Services to develop the Florida Climate-
87Friendly Preferred Products List; requiring state agencies
88to consult the list and purchase products from the list if
89the price is comparable; requiring state agencies to
90contract for meeting and conference space with facilities
91having the "Green Lodging" designation; authorizing the
92Department of Environmental Protection to adopt rules;
93requiring the department to establish voluntary technical
94assistance programs for various businesses; requiring
95state agencies, state universities, community colleges,
96and local governments that purchase vehicles under a state
97purchasing plan to maintain vehicles according to minimum
98standards and follow certain procedures when procuring new
99vehicles; requiring state agencies to use ethanol and
100biodiesel-blended fuels when available; amending s.
101287.063, F.S.; prohibiting the payment term for equipment
102from exceeding the useful life of the equipment unless the
103contract provides for the replacement or the extension of
104the useful life of the equipment during the term of the
105loan; amending s. 287.064, F.S.; authorizing an extension
106of the master equipment financing agreement for energy
107conservation equipment; requiring the guaranteed energy,
108water, and wastewater savings contractor to provide for
109the replacement or the extension of the useful life of the
110energy conservation equipment during the term of the
111contract; amending s. 316.0741, F.S.; requiring all hybrid
112and other low-emission and energy-efficient vehicles that
113do not meet the minimum occupancy requirement and are
114driven in a high-occupancy-vehicle lane to comply with
115federally mandated minimum fuel economy standards;
116authorizing specified vehicles to use certain high-
117occupancy-vehicle lanes without payment of tolls; amending
118s. 337.401, F.S.; requiring the Department of
119Environmental Protection to adopt rules relating to the
120placement of and access to aerial and underground electric
121transmission lines having certain specifications; defining
122the term "base-load generating facilities"; amending s.
123339.175, F.S.; requiring each metropolitan planning
124organization to develop a long-range transportation plan
125and an annual project priority list that, among other
126considerations, provide for sustainable growth and reduce
127greenhouse gas emissions; amending s. 350.01, F.S.;
128conforming the beginning of a Public Service Commission
129member's term as chair with the beginning of terms of
130commissioners; correcting cross-references; amending s.
131350.012, F.S.; renaming the Committee on Public Service
132Commission Oversight, a standing joint committee of the
133Legislature, as the "Committee on Public Counsel
134Oversight"; deleting the committee's authority to
135recommend to the Governor nominees to fill vacancies on
136the Public Service Commission; deleting the committee's
137authority to file an ethics complaint against a member,
138former member, or former employee of the commission or a
139member of the Public Service Commission Nominating
140Council; amending s. 350.03, F.S.; clarifying the power of
141the Governor to remove and fill commission vacancies as
142set forth in the State Constitution; amending s. 350.031,
143F.S.; increasing the number of members on the council;
144requiring the President of the Senate and the Speaker of
145the House of Representatives to appoint a chair and vice
146chair to the council in alternating years; removing
147spending authority for the council to advertise vacancies;
148requiring the council to submit recommendations for
149vacancies on the Public Service Commission to the
150Governor; requiring the council to nominate a minimum of
151three persons for each vacancy; revising the date that
152recommendations for vacancies must be submitted; providing
153that a successor Governor may remove an appointee only as
154provided; providing for the council to fill a vacancy on
155the commission if the Governor fails to do so; authorizing
156a successor governor to recall an unconfirmed appointee
157under certain circumstances; amending ss. 350.061 and
158350.0614, F.S., relating to the appointment, oversight,
159and compensation of the Public Counsel; conforming
160provisions to changes made by the act; amending s. 366.04,
161F.S.; requiring an affected municipal electric utility to
162conduct a referendum election of all its retail electric
163customers to determine whether to require the creation of
164an electric utility authority; amending s. 366.81, F.S.;
165providing legislative intent; amending s. 366.82, F.S.;
166requiring the Public Service Commission to adopt goals for
167increasing the development of demand-side renewable energy
168systems energy resources; providing for cost-effectiveness
169tests; requiring the Florida Energy and Climate Commission
170to be a party in the proceedings to adopt goals; providing
171for an appropriations; providing for cost recovery;
172authorizing the commission to provide financial rewards
173and penalties; amending s. 366.8255, F.S.; redefining the
174term "environmental compliance costs" to include costs or
175expenses prudently incurred for scientific research and
176geological assessments of carbon capture and storage for
177the purpose of reducing an electric utility's greenhouse
178gas emissions; amending s. 366.91, F.S.; clarifying the
179definition of "biomass" to include waste and byproducts;
180requiring each public utility, and each municipal electric
181utility and rural electric utility cooperative that sells
182electricity at retail, to develop a standardized
183interconnection and net metering program for customer-
184owned renewable generation; authorizing net metering to be
185available when a utility purchases power generated from
186biogas produced by anaerobic digestion; amending s.
187366.92, F.S.; establishing a renewable portfolio standard;
188providing for an economic and environmental assessment of
189energy sources and the development of a successor
190renewable portfolio standard; prohibiting the renewable
191portfolio standard rule from taking effect until ratified
192by the Legislature; amending s. 366.93, F.S.; revising the
193definitions of "cost" and "preconstruction"; requiring the
194Public Service Commission to establish rules relating to
195cost recovery for the construction of new, expanded, or
196relocated electrical transmission lines and facilities for
197a nuclear power plant; amending s. 377.601, F.S.; revising
198legislative intent with respect to the need to implement
199alternative energy technologies; providing for the type
200two transfer of the Florida Energy Commission in the
201Department of Environmental Protection to the Florida
202Energy and Climate Commission in the Executive Office of
203the Governor; creating s. 377.6015, F.S.; providing for
204the membership, meetings, duties, and responsibilities of
205the Florida Energy and Climate Commission; providing
206rulemaking authority; amending s. 377.602, F.S.; revising
207the definition of "energy resources"; providing for
208conforming changes; providing for the type two transfer of
209the state energy program in the Department of
210Environmental Protection to the Florida Energy and Climate
211Commission in the Executive Office of the Governor;
212amending ss. 377.603, 377.604, 377.605, 377.606, 377.608,
213377.703, and 377.705, F.S.; providing for conforming
214changes; amending s. 377.801, F.S.; providing a short
215title; amending s. 377.802, F.S.; providing the purpose of
216the Florida Energy and Climate Protection Act; amending s.
217377.803, F.S.; revising definitions; clarifying the
218definition of "renewable energy" to include biomass, as
219defined in s. 366.91, F.S.; amending s. 377.804, F.S.,
220relating to the Renewable Energy and Energy-Efficient
221Technologies Grants Program; providing for the program to
222include matching grants for technologies that increase the
223energy efficiency of vehicles and commercial buildings;
224providing for the solicitation of expertise of other
225entities; providing application requirements; amending s.
226377.806, F.S., relating to the Solar Energy System
227Incentives Program; requiring compliance with the Florida
228Building Code rather than local codes in order to be
229eligible for a rebate under the program; creating s.
230377.808, F.S.; establishing the "Florida Green Government
231Grants Act"; providing for grants to be awarded to local
232governments in the development of programs that achieve
233green standards; amending ss. 380.23 and 403.031, F.S.;
234conforming cross-references; creating s. 403.44, F.S.;
235creating the Florida Climate Protection Act; defining
236terms; requiring the Department of Environmental
237Protection to establish the methodologies, reporting
238periods, and reporting systems that must be used when
239major emitters report to The Climate Registry; authorizing
240the department to adopt rules for a cap-and-trade
241regulatory program to reduce greenhouse gas emissions from
242major emitters; providing for the content of the rule;
243prohibiting the rules from being adopted until after
244January 1, 2010, and from becoming effective until
245ratified by the Legislature; amending s. 403.502, F.S.;
246providing legislative intent; amending s. 403.503, F.S.;
247defining the term "alternate corridor" and redefining the
248term "corridor" for purposes of the Florida Electrical
249Power Plant Siting Act; amending s. 403.504, F.S.;
250requiring the Department of Environmental Protection to
251determine whether a proposed alternate corridor is
252acceptable; amending s. 403.506, F.S.; exempting an
253electric utility from obtaining certification under the
254Florida Electrical Power Plant Siting Act before
255constructing facilities for a power plant using nuclear
256materials as fuel; providing that a utility may obtain
257separate licenses, permits, and approvals for such
258construction under certain circumstances; exempting such
259provisions from review under ch. 120, F.S.; amending s.
260403.5064, F.S.; requiring an applicant to submit a
261statement to the department if such applicant opts for
262consideration of alternate corridors; amending s.
263403.5065, F.S.; providing for conforming changes; amending
264s. 403.50663, F.S.; providing for notice of meeting to the
265general public; amending s. 403.50665, F.S.; requiring an
266application to include a statement on the consistency of
267directly associated facilities constituting a
268"development"; requiring the Department of Environmental
269Protection to address at the certification hearing the
270issue of compliance with land use plans and zoning
271ordinances for a proposed substation located in or along
272an alternate corridor; amending s. 403.507, F.S.;
273providing for reports to be submitted to the department no
274later than 100 days after certification application has
275been determined complete; amending s. 403.508, F.S.;
276providing for land use and certification hearings;
277amending s. 403.509, F.S.; requiring the Governor and
278Cabinet sitting as the siting board to certify the
279corridor having the least adverse impact; authorizing the
280board to deny certification or allow a party to amend its
281proposal; amending s. 403.511, F.S.; providing for
282conforming changes; amending s. 403.5112, F.S.; providing
283for filing of notice; amending s. 403.5113, F.S.;
284providing for postcertification amendments and
285postcertification review; amending s. 403.5115, F.S.;
286requiring the applicant proposing the alternate corridor
287to publish all notices relating to the application;
288requiring that such notices comply with certain
289requirements; requiring that notices be published at least
29045 days before the rescheduled certification hearing;
291amending ss. 403.516, 403.517, and 403.5175, F.S.;
292providing conforming changes and cross-references;
293amending s. 403.518, F.S.; authorizing the Department of
294Environmental Protection to charge an application fee for
295an alternate corridor; amending ss. 403.519, 403.5252,
296403.526, 403.527, 403.5271, 403.5272, 403.5312, 403.5363,
297403.5365, and 403.814, F.S., relating to determinations of
298need and general permits; conforming provisions to changes
299made by the act; amending s. 489.145, F.S.; revising
300provisions of the Guaranteed Energy, Water, and Wastewater
301Performance Savings Contracting Act; requiring that each
302proposed contract or lease contain certain agreements
303concerning operational cost-saving measures; requiring the
304Office of the Chief Financial Officer to review contract
305proposals; redefining terms; requiring that certain
306baseline information, supporting information, and
307documentation be included in contracts; requiring the
308Office of the Chief Financial Officer to review contract
309proposals; providing audit requirements; requiring
310contract approval by the Chief Financial Officer; creating
311s. 526.201, F.S.; creating the "Florida Renewable Fuel
312Standard Act"; creating s. 526.202, F.S.; establishing
313legislative findings for the act; creating s. 526.203,
314F.S.; providing definitions, fuel standard, exemptions,
315and reporting; creating s. 526.204, F.S.; providing for
316suspension of standard requirement during declared
317emergencies; creating s. 526.205, F.S.; providing for
318enforcement of the act; creating s. 526.206, F.S.;
319providing for rulemaking authority by the Department of
320Revenue and the Department of Agriculture and Consumer
321Services; creating s. 526.207, F.S.; requiring studies and
322reports by the Florida Energy and Climate Commission;
323amending s. 553.73, F.S.; requiring that the Florida
324Building Commission select the most recent International
325Energy Conservation Code as a foundation code; providing
326for modification of the International Energy Conservation
327Code by the commission under certain circumstances;
328creating s. 553.9061, F.S.; requiring the Florida Building
329Commission to establish a schedule of increases in the
330energy performance of buildings subject to the Florida
331Energy Efficiency Code for Building Construction; amending
332s. 553.909, F.S.; requiring the Florida Energy Efficiency
333Code for Building Construction to set minimum requirements
334for certain commercial or residential appliances; amending
335s. 553.957, F.S.; including certain home and commercial
336appliances in the requirements for testing and
337certification for meeting certain energy-conservation
338standards; creating an undesignated statutory provision
339relating to the Agency for Enterprise Information
340Technology; creating s. 1004.648, F.S.; establishing the
341Florida Energy Systems Consortium; providing for a
342steering committee; requiring an annual report; requiring
343an economic impact analysis on the effects of granting
344financial incentives to energy producers who use woody
345biomass as fuel; repealing s. 377.701, F.S., relating to
346petroleum allocation; repealing s. 377.901, F.S., relating
347to the Florida Energy Commission; repealing ss. 553.951,
348553.953, 553.954, 553.955, 553.957, 553.959, 553.961,
349553.963, 553.968, 553.969, 553.971, 553.973, and 553.975,
350F.S., relating to the Florida Energy Conservation
351Standards Act; providing effective dates.
352
353Be It Enacted by the Legislature of the State of Florida:
354
355     Section 1.  Subsection (3) of section 74.051, Florida
356Statutes, is renumbered as subsection (4), and a new subsection
357(3) is added to that section to read:
358     74.051  Hearing on order of taking.--
359     (3)  If a defendant requests a hearing pursuant to s.
36074.041(3) and the petitioner is an electric utility seeking to
361appropriate property necessary for an electric generation plant,
362an associated facility of an electric generation plant, an
363electric substation, or a power line, the court shall conduct
364the hearing within 120 days after the date the petition is
365filed. The court shall issue its order of taking no more than 30
366days after the conclusion of the hearing.
367     Section 2.  Subsection (3) of section 110.171, Florida
368Statutes, is amended, and subsection (4) is added to that
369section, to read:
370     110.171  State employee telecommuting program.--
371     (3)  By September 30, 2009 October 1, 1994, each state
372agency shall identify and maintain a current listing of the job
373classifications and positions that the agency considers
374appropriate for telecommuting. Agencies that adopt a state
375employee telecommuting program must:
376     (a)  Give equal consideration to career service and exempt
377positions in their selection of employees to participate in the
378telecommuting program.
379     (b)  Provide that an employee's participation in a
380telecommuting program will not adversely affect eligibility for
381advancement or any other employment rights or benefits.
382     (c)  Provide that participation by an employee in a
383telecommuting program is voluntary, and that the employee may
384elect to cease to participate in a telecommuting program at any
385time.
386     (d)  Adopt provisions to allow for the termination of an
387employee's participation in the program if the employee's
388continued participation would not be in the best interests of
389the agency.
390     (e)  Provide that an employee is not currently under a
391performance improvement plan in order to participate in the
392program.
393     (f)  Ensure that employees participating in the program are
394subject to the same rules regarding attendance, leave,
395performance reviews, and separation action as are other
396employees.
397     (g)  Establish the reasonable conditions that the agency
398plans to impose in order to ensure the appropriate use and
399maintenance of any equipment or items provided for use at a
400participating employee's home or other place apart from the
401employee's usual place of work, including the installation and
402maintenance of any telephone equipment and ongoing
403communications costs at the telecommuting site which is to be
404used for official use only.
405     (h)  Prohibit state maintenance of an employee's personal
406equipment used in telecommuting, including any liability for
407personal equipment and costs for personal utility expenses
408associated with telecommuting.
409     (i)  Describe the security controls that the agency
410considers appropriate.
411     (j)  Provide that employees are covered by workers'
412compensation under chapter 440, when performing official duties
413at an alternate worksite, such as the home.
414     (k)  Prohibit employees engaged in a telecommuting program
415from conducting face-to-face state business at the homesite.
416     (l)  Require a written agreement that specifies the terms
417and conditions of telecommuting, which includes verification by
418the employee that the home office provides work space that is
419free of safety and fire hazards, together with an agreement
420which holds the state harmless against any and all claims,
421excluding workers' compensation claims, resulting from an
422employee working in the home office, and which must be signed
423and agreed to by the telecommuter and the supervisor.
424     (m)  Provide measureable financial benefits associated with
425reduced office space requirements, reductions in energy
426consumption, and reductions in associated emissions of
427greenhouse gases resulting from telecommuting. State agencies
428operating in office space owned or managed by the department
429shall consult the facilities program to ensure its consistency
430with the strategic leasing plan required under s. 255.249(3)(b).
431     (4)  The telecommuting program for each state agency and
432pertinent supporting documents shall be posted on the agency's
433Internet website to allow access by employees and the public.
434     Section 3.  Subsection (3) of section 186.007, Florida
435Statutes, is amended to read:
436     186.007  State comprehensive plan; preparation; revision.--
437     (3)  In the state comprehensive plan, the Executive Office
438of the Governor may include goals, objectives, and policies
439related to the following program areas: economic opportunities;
440agriculture; employment; public safety; education; health
441concerns; social welfare concerns; housing and community
442development; natural resources and environmental management;
443energy; global climate change; recreational and cultural
444opportunities; historic preservation; transportation; and
445governmental direction and support services.
446     Section 4.  Subsections (10), (11), and (15) of section
447187.201, Florida Statutes, are amended to read:
448     187.201  State Comprehensive Plan adopted.--The Legislature
449hereby adopts as the State Comprehensive Plan the following
450specific goals and policies:
451     (10)  AIR QUALITY.--
452     (a)  Goal.--Florida shall comply with all national air
453quality standards by 1987, and by 1992 meet standards which are
454more stringent than 1985 state standards.
455     (b)  Policies.--
456     1.  Improve air quality and maintain the improved level to
457safeguard human health and prevent damage to the natural
458environment.
459     2.  Ensure that developments and transportation systems are
460consistent with the maintenance of optimum air quality.
461     3.  Reduce sulfur dioxide and nitrogen oxide emissions and
462mitigate their effects on the natural and human environment.
463     4.  Encourage the use of alternative energy resources that
464do not degrade air quality.
465     5.  Ensure, at a minimum, that power plant fuel conversion
466does not result in higher levels of air pollution.
467     6.  Encourage the development of low-carbon-emitting
468electric power plants.
469     (11)  ENERGY.--
470     (a)  Goal.--Florida shall reduce its energy requirements
471through enhanced conservation and efficiency measures in all
472end-use sectors and shall reduce atmospheric carbon dioxide by,
473while at the same time promoting an increased use of renewable
474energy resources and low-carbon-emitting electric power plants.
475     (b)  Policies.--
476     1.  Continue to reduce per capita energy consumption.
477     2.  Encourage and provide incentives for consumer and
478producer energy conservation and establish acceptable energy
479performance standards for buildings and energy consuming items.
480     3.  Improve the efficiency of traffic flow on existing
481roads.
482     4.  Ensure energy efficiency in transportation design and
483planning and increase the availability of more efficient modes
484of transportation.
485     5.  Reduce the need for new power plants by encouraging
486end-use efficiency, reducing peak demand, and using cost-
487effective alternatives.
488     6.  Increase the efficient use of energy in design and
489operation of buildings, public utility systems, and other
490infrastructure and related equipment.
491     7.  Promote the development and application of solar energy
492technologies and passive solar design techniques.
493     8.  Provide information on energy conservation through
494active media campaigns.
495     9.  Promote the use and development of renewable energy
496resources and low-carbon-emitting electric power plants.
497     10.  Develop and maintain energy preparedness plans that
498will be both practical and effective under circumstances of
499disrupted energy supplies or unexpected price surges.
500     (15)  LAND USE.--
501     (a)  Goal.--In recognition of the importance of preserving
502the natural resources and enhancing the quality of life of the
503state, development shall be directed to those areas which have
504in place, or have agreements to provide, the land and water
505resources, fiscal abilities, and service capacity to accommodate
506growth in an environmentally acceptable manner.
507     (b)  Policies.--
508     1.  Promote state programs, investments, and development
509and redevelopment activities which encourage efficient
510development and occur in areas which will have the capacity to
511service new population and commerce.
512     2.  Develop a system of incentives and disincentives which
513encourages a separation of urban and rural land uses while
514protecting water supplies, resource development, and fish and
515wildlife habitats.
516     3.  Enhance the livability and character of urban areas
517through the encouragement of an attractive and functional mix of
518living, working, shopping, and recreational activities.
519     4.  Develop a system of intergovernmental negotiation for
520siting locally unpopular public and private land uses which
521considers the area of population served, the impact on land
522development patterns or important natural resources, and the
523cost-effectiveness of service delivery.
524     5.  Encourage and assist local governments in establishing
525comprehensive impact-review procedures to evaluate the effects
526of significant development activities in their jurisdictions.
527     6.  Consider, in land use planning and regulation, the
528impact of land use on water quality and quantity; the
529availability of land, water, and other natural resources to meet
530demands; and the potential for flooding.
531     7.  Provide educational programs and research to meet
532state, regional, and local planning and growth-management needs.
533     8.  Provide for the siting of low-carbon-emitting electric
534power plants, including nuclear power plants, to meet the
535state's determined need for electric power generation.
536     Section 5.  Subsection (14) of section 196.012, Florida
537Statutes, is amended to read:
538     196.012  Definitions.--For the purpose of this chapter, the
539following terms are defined as follows, except where the context
540clearly indicates otherwise:
541     (14)  "Renewable energy source device" or "device" means
542any of the following equipment which, when installed in
543connection with a dwelling unit or other structure, collects,
544transmits, stores, or uses solar energy, wind energy, or energy
545derived from geothermal deposits:
546     (a)  Solar energy collectors.
547     (b)  Storage tanks and other storage systems, excluding
548swimming pools used as storage tanks.
549     (c)  Rockbeds.
550     (d)  Thermostats and other control devices.
551     (e)  Heat exchange devices.
552     (f)  Pumps and fans.
553     (g)  Roof ponds.
554     (h)  Freestanding thermal containers.
555     (i)  Pipes, ducts, refrigerant handling systems, and other
556equipment used to interconnect such systems; however,
557conventional backup systems of any type are not included in this
558definition.
559     (j)  Windmills.
560     (k)  Wind-driven generators.
561     (l)  Power conditioning and storage devices that use wind
562energy to generate electricity or mechanical forms of energy.
563     (m)  Pipes and other equipment used to transmit hot
564geothermal water to a dwelling or structure from a geothermal
565deposit.
566
567"Renewable energy source device" or "device" also means any heat
568pump with an energy efficiency ratio (EER) or a seasonal energy
569efficiency ratio (SEER) exceeding 8.5 and a coefficient of
570performance (COP), exceeding 2.8; waste heat recovery system; or
571water heating system the primary heat source of which is a
572dedicated heat pump or the otherwise unused capacity of a heat
573pump heating, ventilating, and air-conditioning system, provided
574such device is installed in a structure substantially complete
575before January 1, 1985, and whether or not solar energy, wind
576energy, or energy derived from geothermal deposits is collected,
577transmitted, stored, or used by such device.
578     Section 6.  Section 196.175, Florida Statutes, is amended
579to read:
580     196.175  Renewable energy source exemption.--
581     (1)  Improved real property upon which a renewable energy
582source device is installed and operated shall be entitled to an
583exemption in the amount of not greater than the lesser of:
584     (a)  The assessed value of such real property less any
585other exemptions applicable under this chapter;
586     (b)  the original cost of the device, including the
587installation cost thereof, but excluding the cost of replacing
588previously existing property removed or improved in the course
589of such installation; or
590     (c)  Eight percent of the assessed value of such property
591immediately following installation.
592     (2)  The exempt amount authorized under subsection (1)
593shall apply in full if the device was installed and operative
594throughout the 12-month period preceding January 1 of the year
595of application for this exemption. If the device was operative
596for a portion of that period, the exempt amount authorized under
597this section shall be reduced proportionally.
598     (3)  It shall be the responsibility of the applicant for an
599exemption pursuant to this section to demonstrate affirmatively
600to the satisfaction of the property appraiser that he or she
601meets the requirements for exemption under this section and that
602the original cost pursuant to paragraph (1)(b) and the period
603for which the device was operative, as indicated on the
604exemption application, are correct.
605     (4)  No exemption authorized pursuant to this section shall
606be granted for a period of more than 10 years. No exemption
607shall be granted with respect to renewable energy source devices
608installed before January 1, 2009 1980, or after December 31,
6091990.
610     Section 7.  Subsection (2) of section 206.43, Florida
611Statutes, is amended to read:
612     206.43  Terminal supplier, importer, exporter, blender, and
613wholesaler to report to department monthly; deduction.--The
614taxes levied and assessed as provided in this part shall be paid
615to the department monthly in the following manner:
616     (2)(a)  Such report may show in detail the number of
617gallons so sold and delivered by the terminal supplier,
618importer, exporter, blender, or wholesaler in the state, and the
619destination as to the county in the state to which the motor
620fuel was delivered for resale at retail or use shall be
621specified in the report. The total taxable gallons sold shall
622agree with the total gallons reported to the county destinations
623for resale at retail or use. All gallons of motor fuel sold
624shall be invoiced and shall name the county of destination for
625resale at retail or use.
626     (b)  Each terminal supplier, importer, blender, and
627wholesaler shall also include in the report to the department
628the number of gallons of gasoline fuel meeting and not meeting
629the requirements of s. 526.203.
630     Section 8.  Paragraph (ccc) of subsection (7) of section
631212.08, Florida Statutes, is amended to read:
632     212.08  Sales, rental, use, consumption, distribution, and
633storage tax; specified exemptions.--The sale at retail, the
634rental, the use, the consumption, the distribution, and the
635storage to be used or consumed in this state of the following
636are hereby specifically exempt from the tax imposed by this
637chapter.
638     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
639entity by this chapter do not inure to any transaction that is
640otherwise taxable under this chapter when payment is made by a
641representative or employee of the entity by any means,
642including, but not limited to, cash, check, or credit card, even
643when that representative or employee is subsequently reimbursed
644by the entity. In addition, exemptions provided to any entity by
645this subsection do not inure to any transaction that is
646otherwise taxable under this chapter unless the entity has
647obtained a sales tax exemption certificate from the department
648or the entity obtains or provides other documentation as
649required by the department. Eligible purchases or leases made
650with such a certificate must be in strict compliance with this
651subsection and departmental rules, and any person who makes an
652exempt purchase with a certificate that is not in strict
653compliance with this subsection and the rules is liable for and
654shall pay the tax. The department may adopt rules to administer
655this subsection.
656     (ccc)  Equipment, machinery, and other materials for
657renewable energy technologies.--
658     1.  As used in this paragraph, the term:
659     a.  "Biodiesel" means the mono-alkyl esters of long-chain
660fatty acids derived from plant or animal matter for use as a
661source of energy and meeting the specifications for biodiesel
662and biodiesel blends with petroleum products as adopted by the
663Department of Agriculture and Consumer Services. Biodiesel may
664refer to biodiesel blends designated BXX, where XX represents
665the volume percentage of biodiesel fuel in the blend.
666     b.  "Ethanol" means an nominally anhydrous denatured
667alcohol produced by the conversion of carbohydrates fermentation
668of plant sugars meeting the specifications for fuel ethanol and
669fuel ethanol blends with petroleum products as adopted by the
670Department of Agriculture and Consumer Services. Ethanol may
671refer to fuel ethanol blends designated EXX, where XX represents
672the volume percentage of fuel ethanol in the blend.
673     c.  "Hydrogen fuel cells" means equipment using hydrogen or
674a hydrogen-rich fuel in an electrochemical process to generate
675energy, electricity, or the transfer of heat.
676     2.  The sale or use of the following in the state is exempt
677from the tax imposed by this chapter:
678     a.  Hydrogen-powered vehicles, materials incorporated into
679hydrogen-powered vehicles, and hydrogen-fueling stations, up to
680a limit of $2 million in tax each state fiscal year for all
681taxpayers.
682     b.  Commercial stationary hydrogen fuel cells, up to a
683limit of $1 million in tax each state fiscal year for all
684taxpayers.
685     c.  Materials used in the distribution of biodiesel (B10-
686B100) and ethanol (E10-E100), including fueling infrastructure,
687transportation, and storage, up to a limit of $1 million in tax
688each state fiscal year for all taxpayers. Gasoline fueling
689station pump retrofits for ethanol (E10-E100) distribution
690qualify for the exemption provided in this sub-subparagraph.
691     3.  The Department of Environmental Protection shall
692provide to the department a list of items eligible for the
693exemption provided in this paragraph.
694     4.a.  The exemption provided in this paragraph shall be
695available to a purchaser only through a refund of previously
696paid taxes. Only the initial purchase of an eligible item from
697the manufacturer is subject to refund. A purchaser who has
698received a refund on an eligible item must notify any subsequent
699purchaser of the item that the item is no longer eligible for a
700refund of tax paid. This notification must be provided to the
701subsequent purchaser on the sales invoice or other proof of
702purchase.
703     b.  To be eligible to receive the exemption provided in
704this paragraph, a purchaser shall file an application with the
705Department of Environmental Protection. The application shall be
706developed by the Department of Environmental Protection, in
707consultation with the department, and shall require:
708     (I)  The name and address of the person claiming the
709refund.
710     (II)  A specific description of the purchase for which a
711refund is sought, including, when applicable, a serial number or
712other permanent identification number.
713     (III)  The sales invoice or other proof of purchase showing
714the amount of sales tax paid, the date of purchase, and the name
715and address of the sales tax dealer from whom the property was
716purchased.
717     (IV)  A sworn statement that the information provided is
718accurate and that the requirements of this paragraph have been
719met.
720     c.  Within 30 days after receipt of an application, the
721Department of Environmental Protection shall review the
722application and shall notify the applicant of any deficiencies.
723Upon receipt of a completed application, the Department of
724Environmental Protection shall evaluate the application for
725exemption and issue a written certification that the applicant
726is eligible for a refund or issue a written denial of such
727certification within 60 days after receipt of the application.
728The Department of Environmental Protection shall provide the
729department with a copy of each certification issued upon
730approval of an application.
731     d.  Each certified applicant shall be responsible for
732forwarding a certified copy of the application and copies of all
733required documentation to the department within 6 months after
734certification by the Department of Environmental Protection.
735     e.  The provisions of s. 212.095 do not apply to any refund
736application made pursuant to this paragraph. A refund approved
737pursuant to this paragraph shall be made within 30 days after
738formal approval by the department.
739     f.  The Department of Environmental Protection may adopt
740the form for the application for a certificate, requirements for
741the content and format of information submitted to the
742Department of Environmental Protection in support of the
743application, other procedural requirements, and criteria by
744which the application will be determined by rule. The department
745may adopt all other rules pursuant to ss. 120.536(1) and 120.54
746to administer this paragraph, including rules establishing
747additional forms and procedures for claiming this exemption.
748     g.  The Department of Environmental Protection shall be
749responsible for ensuring that the total amounts of the
750exemptions authorized do not exceed the limits as specified in
751subparagraph 2.
752     5.  The Department of Environmental Protection shall
753determine and publish on a regular basis the amount of sales tax
754funds remaining in each fiscal year.
755     6.  This paragraph expires July 1, 2010.
756     Section 9.  Present subsections (1), (6), and (7) of
757section 220.192, Florida Statutes, are amended, and a new
758subsection (6) is added to that section, to read:
759     220.192  Renewable energy technologies investment tax
760credit.--
761     (1)  DEFINITIONS.--For purposes of this section, the term:
762     (a)  "Biodiesel" means biodiesel as defined in s.
763212.08(7)(ccc).
764     (b)  "Corporation" includes a general partnership, limited
765partnership, limited liability company, unincorporated business,
766or other business entity, including entities taxed as
767partnerships for federal income tax purposes.
768     (c)(b)  "Eligible costs" means:
769     1.  Seventy-five percent of all capital costs, operation
770and maintenance costs, and research and development costs
771incurred between July 1, 2006, and June 30, 2010, up to a limit
772of $3 million per state fiscal year for all taxpayers, in
773connection with an investment in hydrogen-powered vehicles and
774hydrogen vehicle fueling stations in the state, including, but
775not limited to, the costs of constructing, installing, and
776equipping such technologies in the state.
777     2.  Seventy-five percent of all capital costs, operation
778and maintenance costs, and research and development costs
779incurred between July 1, 2006, and June 30, 2010, up to a limit
780of $1.5 million per state fiscal year for all taxpayers, and
781limited to a maximum of $12,000 per fuel cell, in connection
782with an investment in commercial stationary hydrogen fuel cells
783in the state, including, but not limited to, the costs of
784constructing, installing, and equipping such technologies in the
785state.
786     3.  Seventy-five percent of all capital costs, operation
787and maintenance costs, and research and development costs
788incurred between July 1, 2006, and June 30, 2010, up to a limit
789of $6.5 million per state fiscal year for all taxpayers, in
790connection with an investment in the production, storage, and
791distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
792the state, including the costs of constructing, installing, and
793equipping such technologies in the state. Gasoline fueling
794station pump retrofits for ethanol (E10-E100) distribution
795qualify as an eligible cost under this subparagraph.
796     (d)(c)  "Ethanol" means ethanol as defined in s.
797212.08(7)(ccc).
798     (e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
799defined in s. 212.08(7)(ccc).
800     (f)  "Taxpayer" includes a corporation as defined in
801paragraph (b) or s. 220.03.
802     (6)  TRANSFERABILITY OF CREDIT.--
803     (a)  For tax years beginning on or after January 1, 2009,
804any corporation or subsequent transferee allowed a tax credit
805under this section may transfer the credit, in whole or in part,
806to any taxpayer by written agreement without transferring any
807ownership interest in the property generating the credit or any
808interest in the entity owning such property. The transferee is
809entitled to apply the credits against the tax with the same
810effect as if the transferee had incurred the eligible costs.
811     (b)  To perfect the transfer, the transferor shall provide
812the department with a written transfer statement notifying the
813department of the transferor's intent to transfer the tax
814credits to the transferee; the date the transfer is effective;
815the transferee's name, address, and federal taxpayer
816identification number; the tax period; and the amount of tax
817credits to be transferred. The department shall, upon receipt of
818a transfer statement conforming to the requirements of this
819section, provide the transferee with a certificate reflecting
820the tax credit amounts transferred. A copy of the certificate
821must be attached to each tax return for which the transferee
822seeks to apply such tax credits.
823     (c)  A tax credit authorized under this section that is
824held by a corporation and not transferred under this subsection
825shall be passed through to the taxpayers designated as partners,
826members, or owners, respectively, in the manner agreed to by
827such persons regardless of whether such partners, members, or
828owners are allocated or allowed any portion of the federal
829energy tax credit for the eligible costs. A corporation that
830passes the credit through to a partner, member, or owner must
831comply with the notification requirements described in paragraph
832(b). The partner, member, or owner must attach a copy of the
833certificate to each tax return on which the partner, member, or
834owner claims any portion of the credit.
835     (7)(6)  RULES.--The Department of Revenue shall have the
836authority to adopt rules pursuant to ss. 120.536(1) and 120.54
837to administer this section, including rules relating to:
838     (a)  The forms required to claim a tax credit under this
839section, the requirements and basis for establishing an
840entitlement to a credit, and the examination and audit
841procedures required to administer this section.
842     (b)  The implementation and administration of the
843provisions allowing a transfer of a tax credit, including rules
844prescribing forms, reporting requirements, and specific
845procedures, guidelines, and requirements necessary to transfer a
846tax credit.
847     (8)(7)  PUBLICATION.--The Department of Environmental
848Protection shall determine and publish on a regular basis the
849amount of available tax credits remaining in each fiscal year.
850     Section 10.  Paragraphs (f) and (g) are added to subsection
851(2) and paragraphs (j) and (k) are added to subsection (3) of
852section 220.193, Florida Statutes, to read:
853     220.193  Florida renewable energy production credit.--
854     (2)  As used in this section, the term:
855     (f)  "Sale" or "sold" includes the use of electricity by
856the producer of such electricity which decreases the amount of
857electricity that the producer would otherwise have to purchase.
858     (g)  "Taxpayer" includes a general partnership, limited
859partnership, limited liability company, trust, or other
860artificial entity in which a corporation, as defined in s.
861220.03(1)(e), owns an interest and is taxed as a partnership or
862is disregarded as a separate entity from the corporation under
863this chapter.
864     (3)  An annual credit against the tax imposed by this
865section shall be allowed to a taxpayer, based on the taxpayer's
866production and sale of electricity from a new or expanded
867Florida renewable energy facility. For a new facility, the
868credit shall be based on the taxpayer's sale of the facility's
869entire electrical production. For an expanded facility, the
870credit shall be based on the increases in the facility's
871electrical production that are achieved after May 1, 2006.
872     (j)  When an entity treated as a partnership or a
873disregarded entity under this chapter produces and sells
874electricity from a new or expanded renewable energy facility,
875the credit earned by such entity shall pass through in the same
876manner as items of income and expense pass through for federal
877income tax purposes. When an entity applies for the credit and
878the entity has received the credit by a pass-through, the
879application must identify the taxpayer that passed the credit
880through, all taxpayers that received the credit, and the
881percentage of the credit that passes through to each recipient
882and must provide other information that the department requires.
883     (k)  A taxpayer's use of the credit granted pursuant to
884this section does not reduce the amount of any credit available
885to such taxpayer under s. 220.186.
886     Section 11.  It is the intent of the Legislature that the
887amendments made by this act to s. 220.193, Florida Statutes, are
888remedial in nature and apply retroactively to the effective date
889of the law establishing the credit.
890     Section 12.  Subsection (2) of section 253.02, Florida
891Statutes, is amended to read:
892     253.02  Board of trustees; powers and duties.--
893     (2)(a)  The board of trustees shall not sell, transfer, or
894otherwise dispose of any lands the title to which is vested in
895the board of trustees except by vote of at least three of the
896four trustees.
897     (b)  The authority of the board of trustees to grant
898easements for rights-of-way over, across, and upon uplands the
899title to which is vested in the board of trustees for the
900construction and operation of electric transmission and
901distribution facilities and related appurtenances is hereby
902confirmed. The board of trustees may delegate to the Secretary
903of Environmental Protection the authority to grant such
904easements on its behalf. All easements for rights-of-way over,
905across, and upon uplands the title to which is vested in the
906board of trustees for the construction and operation of electric
907transmission and distribution facilities and related
908appurtenances shall meet the following criteria:
909     1.  Such easements do not prevent the use of the state-
910owned uplands adjacent to the easement area for the purposes for
911which such lands were acquired and do not unreasonably diminish
912the ecological, conservation, or recreational values of the
913state-owned uplands adjacent to the easement area.
914     2.  There is no practical and prudent alternative to
915locating the linear facility and related appurtenances on state-
916owned upland. For purposes of this subparagraph, the test of
917practicality and prudence shall compare the social, economic,
918and environmental effects of the alternatives.
919     3.  Appropriate steps are taken to minimize the impacts to
920state-owned uplands. Such steps may include:
921     a.  Siting of facilities so as to reduce impacts and
922minimize fragmentation of the overall state-owned parcel;
923     b.  Avoiding significant wildlife habitat, wetlands, or
924other valuable natural resources to the maximum extent
925practicable; or
926     c.  Avoiding interference with active land management
927practices, such as prescribed burning.
928     4.  Except for easements granted as a part of a land
929exchange initiated by a governmental entity to accomplish a
930recreational or conservation benefit or other public purpose, in
931exchange for such easements, the grantee pays an amount equal to
932the market value of the interest acquired. In addition, for the
933initial grant of such easements only, the grantee shall provide
934additional compensation by vesting in the board of trustees fee
935simple title to other available uplands that are 1.5 times the
936size of the easement acquired by the grantee. The grantor shall
937approve the property to be acquired on its behalf based on the
938geographic location in relation to the land proposed to be under
939easement and a determination that economic, ecological, and
940recreational value is at least equivalent to the value of the
941lands under proposed easement. Priority for replacement uplands
942shall be given to parcels identified as in-holdings and
943additions to public lands and lands on a Florida Forever land
944acquisition list. However, if suitable replacement uplands
945cannot be identified, the grantee shall provide additional
946compensation for the initial grant of such easements only by
947paying to the department an amount equal to 2 times the current
948market value of the state-owned land or the highest and best use
949value at the time of purchase, whichever is greater. When
950determining the use of such funds, priority shall be given to
951parcels identified as in-holdings and additions to public lands
952and lands on a Florida Forever land acquisition list.
953     Section 13.  Paragraph (d) of subsection (3) of section
954255.249, Florida Statutes, is amended to read:
955     255.249  Department of Management Services; responsibility;
956department rules.--
957     (3)
958     (d)  By June 30 of each year, each state agency shall
959annually provide to the department all information regarding
960agency programs affecting the need for or use of space by that
961agency, reviews of lease-expiration schedules for each
962geographic area, active and planned full-time equivalent data,
963business case analyses related to consolidation plans by an
964agency, a telecommuting program, and current occupancy and
965relocation costs, inclusive of furnishings, fixtures and
966equipment, data, and communications.
967     Section 14.  Section 255.251, Florida Statutes, is amended
968to read:
969     255.251  Energy Conservation and Sustainable in Buildings
970Act; short title.--This act shall be cited as the "Florida
971Energy Conservation and Sustainable in Buildings Act of 1974."
972     Section 15.  Section 255.252, Florida Statutes, is amended
973to read:
974     255.252  Findings and intent.--
975     (1)  Operating and maintenance expenditures associated with
976energy equipment and with energy consumed in state-financed and
977leased buildings represent a significant cost over the life of a
978building. Energy conserved by appropriate building design not
979only reduces the demand for energy but also reduces costs for
980building operation. For example, commercial buildings are
981estimated to use from 20 to 80 percent more energy than would be
982required if energy-conserving designs were used. The size,
983design, orientation, and operability of windows, the ratio of
984ventilating air to air heated or cooled, the level of lighting
985consonant with space-use requirements, the handling of occupancy
986loads, and the ability to zone off areas not requiring
987equivalent levels of heating or cooling are but a few of the
988considerations necessary to conserving energy.
989     (2)  Significant efforts are needed to build energy-
990efficient state-owned buildings that meet environmental
991standards and underway by the General Services Administration,
992the National Institute of Standards and Technology, and others
993to detail the considerations and practices for energy
994conservation in buildings. Most important is that energy-
995efficient designs provide energy savings over the life of the
996building structure. Conversely, energy-inefficient designs cause
997excess and wasteful energy use and high costs over that life.
998With buildings lasting many decades and with energy costs
999escalating rapidly, it is essential that the costs of operation
1000and maintenance for energy-using equipment and sustainable
1001materials be included in all design proposals for state-owned
1002state buildings.
1003     (3)  In order that such energy-efficiency and sustainable
1004materials considerations become a function of building design,
1005and also a model for future application in the private sector,
1006it shall be the policy of the state that buildings constructed
1007and financed by the state be designed and constructed to comply
1008with the United States Green Building Council (USGBC) Leadership
1009in Energy and Environmental Design (LEED) rating system, the
1010Green Building Initiative's Green Globes rating system, the
1011Florida Green Building Coalition standards, or a nationally
1012recognized, high-performance green building rating system as
1013approved by the department in a manner which will minimize the
1014consumption of energy used in the operation and maintenance of
1015such buildings. It is further the policy of the state, when
1016economically feasible, to retrofit existing state-owned
1017buildings in a manner which will minimize the consumption of
1018energy used in the operation and maintenance of such buildings.
1019     (4)  In addition to designing and constructing new
1020buildings to be energy-efficient, it shall be the policy of the
1021state to operate and, maintain, and renovate existing state
1022facilities, or provide for their renovation, in a manner which
1023will minimize energy consumption and maximize building
1024sustainability as well as ensure that facilities leased by the
1025state are operated so as to minimize energy use. It is further
1026the policy of the state that the renovation of existing state
1027facilities be in accordance with the United States Green
1028Building Council (USGBC) Leadership in Energy and Environmental
1029Design (LEED) rating system, the Green Building Initiative's
1030Green Globes rating system, the Florida Green Building Coalition
1031standards, or a nationally recognized, high-performance green
1032building rating system as approved by the department. State
1033agencies are encouraged to consider shared savings financing of
1034such energy efficiency and conservation projects, using
1035contracts which split the resulting savings for a specified
1036period of time between the state agency and the private firm or
1037cogeneration contracts which otherwise permit the state to lower
1038its net energy costs. Such energy contracts may be funded from
1039the operating budget.
1040     (5)  Each state agency occupying space within buildings
1041owned or managed by the Department of Management Services must
1042identify and compile a list of projects determined to be
1043suitable for a guaranteed energy, water, and wastewater
1044performance savings contract pursuant to s. 489.145. The list of
1045projects compiled by each state agency shall be submitted to the
1046Department of Management Services by December 31, 2008, and must
1047include all criteria used to determine suitability. The list of
1048projects shall be developed from the list of state-owned
1049facilities more than 5,000 square feet in area and for which the
1050state agency is responsible for paying the expenses of utilities
1051and other operating expenses as they relate to energy use. In
1052consultation with the head of each state agency, by July 1,
10532009, the department shall prioritize all projects deemed
1054suitable by each state agency and shall develop an energy
1055efficiency project schedule based on factors such as project
1056magnitude, efficiency and effectiveness of energy conservation
1057measures to be implemented, and other factors that may prove to
1058be advantageous to pursue. The schedule shall provide the
1059deadline for guaranteed energy, water, and wastewater
1060performance savings contract improvements to be made to the
1061state-owned buildings.
1062     Section 16.  Subsections (6) and (7) are added to section
1063255.253, Florida Statutes, to read:
1064     255.253  Definitions; ss. 255.251-255.258.--
1065     (6)  "Sustainable building" means a building that is
1066healthy and comfortable for its occupants and is economical to
1067operate while conserving resources, including energy, water, and
1068raw materials and land, and minimizing the generation and use of
1069toxic materials and waste in its design, construction,
1070landscaping, and operation.
1071     (7)  "Sustainable building rating" means a rating
1072established by the United States Green Building Council (USGBC)
1073Leadership in Energy and Environmental Design (LEED) rating
1074system, the Green Building Initiative's Green Globes rating
1075system, the Florida Green Building Coalition standards, or a
1076nationally recognized, high-performance green building rating
1077system as approved by the department.
1078     Section 17.  Subsection (1) of section 255.254, Florida
1079Statutes, is amended to read:
1080     255.254  No facility constructed or leased without life-
1081cycle costs.--
1082     (1)  No state agency shall lease, construct, or have
1083constructed, within limits prescribed in this section herein, a
1084facility without having secured from the department an a proper
1085evaluation of life-cycle costs based on sustainable building
1086ratings, as computed by an architect or engineer. Furthermore,
1087construction shall proceed only upon disclosing to the
1088department, for the facility chosen, the life-cycle costs as
1089determined in s. 255.255, the facility's sustainable building
1090rating goal, and the capitalization of the initial construction
1091costs of the building. The life-cycle costs and the sustainable
1092building rating goal shall be a primary considerations
1093consideration in the selection of a building design. Such
1094analysis shall be required only for construction of buildings
1095with an area of 5,000 square feet or greater. For leased
1096buildings more than 5,000 areas of 20,000 square feet in area or
1097greater within a given building boundary, an energy performance
1098a life-cycle analysis consisting of a projection of the annual
1099energy consumption costs in dollars per square foot of major
1100energy-consuming equipment and systems based on actual expenses
1101from the last 3 years and projected forward for the term of the
1102proposed lease shall be performed. The, and a lease shall only
1103be made where there is a showing that the energy life-cycle
1104costs incurred by the state are minimal compared to available
1105like facilities. A lease agreement for any building leased by
1106the state from a private-sector entity shall include provisions
1107for monthly energy use data to be collected and submitted
1108monthly to the department by the owner of the building.
1109     Section 18.  Subsection (1) of section 255.255, Florida
1110Statutes, is amended to read:
1111     255.255  Life-cycle costs.--
1112     (1)  The department shall adopt promulgate rules and
1113procedures, including energy conservation performance guidelines
1114based on sustainable building ratings, for conducting a life-
1115cycle cost analysis of alternative architectural and engineering
1116designs and alternative major items of energy-consuming
1117equipment to be retrofitted in existing state-owned or leased
1118facilities and for developing energy performance indices to
1119evaluate the efficiency of energy utilization for competing
1120designs in the construction of state-financed and leased
1121facilities.
1122     Section 19.  Section 255.257, Florida Statutes, is amended
1123to read:
1124     255.257  Energy management; buildings occupied by state
1125agencies.--
1126     (1)  ENERGY CONSUMPTION AND COST DATA.--Each state agency
1127shall collect data on energy consumption and cost. The data
1128gathered shall be on state-owned facilities and metered state-
1129leased facilities of 5,000 net square feet or more. These data
1130will be used in the computation of the effectiveness of the
1131state energy management plan and the effectiveness of the energy
1132management program of each of the state agencies. Collected data
1133shall be reported annually to the department in a format
1134prescribed by the department.
1135     (2)  ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1136the Florida Public Service Commission, the Department of
1137Military Affairs, and the judicial branch shall appoint a
1138coordinator whose responsibility shall be to advise the head of
1139the state agency on matters relating to energy consumption in
1140facilities under the control of that head or in space occupied
1141by the various units comprising that state agency, in vehicles
1142operated by that state agency, and in other energy-consuming
1143activities of the state agency. The coordinator shall implement
1144the energy management program agreed upon by the state agency
1145concerned and assist the department in the development of the
1146State Energy Management Plan.
1147     (3)  CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1148Department of Management Services shall may develop a state
1149energy management plan consisting of, but not limited to, the
1150following elements:
1151     (a)  Data-gathering requirements;
1152     (b)  Building energy audit procedures;
1153     (c)  Uniform data analysis procedures;
1154     (d)  Employee energy education program measures;
1155     (e)  Energy consumption reduction techniques;
1156     (f)  Training program for state agency energy management
1157coordinators; and
1158     (g)  Guidelines for building managers.
1159
1160The plan shall include a description of actions that state
1161agencies shall take to reduce consumption of electricity and
1162nonrenewable energy sources used for space heating and cooling,
1163ventilation, lighting, water heating, and transportation.
1164     (4)  ADOPTION OF STANDARDS.--
1165     (a)  All state agencies shall adopt the United States Green
1166Building Council (USGBC) Leadership in Energy and Environmental
1167Design (LEED) rating system, the Green Building Initiative's
1168Green Globes rating system, the Florida Green Building Coalition
1169standards, or a nationally recognized, high-performance green
1170building rating system as approved by the department for all new
1171buildings and renovations to existing buildings.
1172     (b)  No state agency shall enter into new leasing
1173agreements for office space that does not meet Energy Star
1174building standards, except when determined by the appropriate
1175state agency head that no other viable or cost-effective
1176alternative exists.
1177     (c)  All state agencies shall develop energy conservation
1178measures and guidelines for new and existing office space where
1179state agencies occupy more than 5,000 square feet. These
1180conservation measures shall focus on programs that may reduce
1181energy consumption and, when established, provide a net
1182reduction in occupancy costs.
1183     Section 20.  (1)  The Legislature declares that there is an
1184important state interest in promoting the construction of
1185energy-efficient and sustainable buildings. Government
1186leadership in promoting these standards is vital to demonstrate
1187the state's commitment to energy conservation, saving taxpayers
1188money, and raising public awareness of energy-rating systems.
1189     (2)  All county, municipal, school district, water
1190management district, state university, community college, and
1191Florida state court buildings shall be constructed to meet the
1192United States Green Building Council (USGBC) Leadership in
1193Energy and Environmental Design (LEED) rating system, the Green
1194Building Initiative's Green Globes rating system, the Florida
1195Green Building Coalition standards, or a nationally recognized,
1196high-performance green building rating system as approved by the
1197Department of Management Services. This section shall apply to
1198all county, municipal, school district, water management
1199district, state university, community college, and Florida state
1200court buildings the architectural plans of which are commenced
1201after July 1, 2008.
1202     Section 21.  Section 286.29, Florida Statutes, is created
1203to read:
1204     286.29  Climate-friendly public business.--The Legislature
1205recognizes the importance of leadership by state government in
1206the area of energy efficiency and in reducing the greenhouse gas
1207emissions of state government operations. The following shall
1208pertain to all state agencies when conducting public business:
1209     (1)  The Department of Management Services shall develop
1210the "Florida Climate-Friendly Preferred Products List." In
1211maintaining that list, the department, in consultation with the
1212Department of Environmental Protection, shall continually assess
1213products currently available for purchase under state term
1214contracts to identify specific products and vendors that offer
1215clear energy efficiency or other environmental benefits over
1216competing products. When procuring products from state term
1217contracts, state agencies shall first consult the Florida
1218Climate-Friendly Preferred Products List and procure such
1219products if the price is comparable.
1220     (2)  Effective July 1, 2008, state agencies shall contract
1221for meeting and conference space only with hotels or conference
1222facilities that have received the "Green Lodging" designation
1223from the Department of Environmental Protection for best
1224practices in water, energy, and waste efficiency standards,
1225unless the responsible state agency head makes a determination
1226that no other viable alternative exists. The Department of
1227Environmental Protection is authorized to adopt rules to
1228implement the "Green Lodging" program.
1229     (3)  Each state agency shall ensure that all maintained
1230vehicles meet minimum maintenance schedules shown to reduce fuel
1231consumption, which include: ensuring appropriate tire pressures
1232and tread depth; replacing fuel filters and emission filters at
1233recommended intervals; using proper motor oils; and performing
1234timely motor maintenance. Each state agency shall measure and
1235report compliance to the Department of Management Services
1236through the Equipment Management Information System database.
1237     (4)  When procuring new vehicles, all state agencies, state
1238universities, community colleges, and local governments that
1239purchase vehicles under a state purchasing plan shall first
1240define the intended purpose for the vehicle and determine which
1241of the following use classes for which the vehicle is being
1242procured:
1243     (a)  State business travel, designated operator;
1244     (b)  State business travel, pool operators;
1245     (c)  Construction, agricultural, or maintenance work;
1246     (d)  Conveyance of passengers;
1247     (e)  Conveyance of building or maintenance materials and
1248supplies;
1249     (f)  Off-road vehicle, motorcycle, or all-terrain vehicle;
1250     (g)  Emergency response; or
1251     (h)  Other.
1252
1253Vehicles described in paragraphs (a) through (h), when being
1254processed for purchase or leasing agreements, must be selected
1255for the greatest fuel efficiency available for a given use class
1256when fuel economy data are available. Exceptions may be made for
1257individual vehicles in paragraph (g) when accompanied, during
1258the procurement process, by documentation indicating that the
1259operator or operators will exclusively be emergency first
1260responders or have special documented need for exceptional
1261vehicle performance characteristics. Any request for an
1262exception must be approved by the purchasing agency head and any
1263exceptional performance characteristics denoted as a part of the
1264procurement process prior to purchase.
1265     (5)  All state agencies shall use ethanol and biodiesel
1266blended fuels when available. State agencies administering
1267central fueling operations for state-owned vehicles shall
1268procure biofuels for fleet needs to the greatest extent
1269practicable.
1270     Section 22.  Paragraph (b) of subsection (2) and subsection
1271(5) of section 287.063, Florida Statutes, are amended to read:
1272     287.063  Deferred-payment commodity contracts; preaudit
1273review.--
1274     (2)
1275     (b)  The Chief Financial Officer shall establish, by rule,
1276criteria for approving purchases made under deferred-payment
1277contracts which require the payment of interest. Criteria shall
1278include, but not be limited to, the following provisions:
1279     1.  No contract shall be approved in which interest exceeds
1280the statutory ceiling contained in this section. However, the
1281interest component of any master equipment financing agreement
1282entered into for the purpose of consolidated financing of a
1283deferred-payment, installment sale, or lease-purchase shall be
1284deemed to comply with the interest rate limitation of this
1285section so long as the interest component of every interagency
1286agreement under such master equipment financing agreement
1287complies with the interest rate limitation of this section.
1288     2.  No deferred-payment purchase for less than $30,000
1289shall be approved, unless it can be satisfactorily demonstrated
1290and documented to the Chief Financial Officer that failure to
1291make such deferred-payment purchase would adversely affect an
1292agency in the performance of its duties. However, the Chief
1293Financial Officer may approve any deferred-payment purchase if
1294the Chief Financial Officer determines that such purchase is
1295economically beneficial to the state.
1296     3.  No agency shall obligate an annualized amount of
1297payments for deferred-payment purchases in excess of current
1298operating capital outlay appropriations, unless specifically
1299authorized by law or unless it can be satisfactorily
1300demonstrated and documented to the Chief Financial Officer that
1301failure to make such deferred-payment purchase would adversely
1302affect an agency in the performance of its duties.
1303     3.4.  No contract shall be approved which extends payment
1304beyond 5 years, unless it can be satisfactorily demonstrated and
1305documented to the Chief Financial Officer that failure to make
1306such deferred-payment purchase would adversely affect an agency
1307in the performance of its duties. The payment term may not
1308exceed the useful life of the equipment unless the contract
1309provides for the replacement or the extension of the useful life
1310of the equipment during the term of the loan.
1311     (5)  For purposes of this section, the annualized amount of
1312any such deferred payment commodity contract must be supported
1313from available recurring funds appropriated to the agency in an
1314appropriation category, other than the expense appropriation
1315category as defined in chapter 216, that the Chief Financial
1316Officer has determined is appropriate or that the Legislature
1317has designated for payment of the obligation incurred under this
1318section.
1319     Section 23.  Subsections (10) and (11) of section 287.064,
1320Florida Statutes, are amended to read:
1321     287.064  Consolidated financing of deferred-payment
1322purchases.--
1323     (10)(a)  A master equipment financing agreement may finance
1324Costs incurred pursuant to a guaranteed energy performance
1325savings contract, including the cost of energy, water, or
1326wastewater efficiency and conservation measures, each as defined
1327in s. 489.145, excluding may be financed pursuant to a master
1328equipment financing agreement; however, the costs of training,
1329operation, and maintenance, for a term of repayment that may not
1330be financed. The period of time for repayment of the funds drawn
1331pursuant to the master equipment financing agreement under this
1332subsection may exceed 5 years but may not exceed 20 10 years.
1333     (b)  The guaranteed energy, water, and wastewater savings
1334contractor shall provide for the replacement or the extension of
1335the useful life of the equipment during the term of the
1336contract.
1337     (11)  For purposes of consolidated financing of deferred
1338payment commodity contracts under this section by a state
1339agency, the annualized amount of any such contract must be
1340supported from available recurring funds appropriated to the
1341agency in an appropriation category, other than the expense
1342appropriation category as defined in chapter 216, which that the
1343Chief Financial Officer has determined is appropriate or which
1344that the Legislature has designated for payment of the
1345obligation incurred under this section.
1346     Section 24.  Section 316.0741, Florida Statutes, is amended
1347to read:
1348     316.0741  High-occupancy-vehicle High occupancy vehicle
1349lanes.--
1350     (1)  As used in this section, the term:
1351     (a)  "High-occupancy-vehicle "High occupancy vehicle lane"
1352or "HOV lane" means a lane of a public roadway designated for
1353use by vehicles in which there is more than one occupant unless
1354otherwise authorized by federal law.
1355     (b)  "Hybrid vehicle" means a motor vehicle that:
1356     1.  Draws propulsion energy from an onboard source of
1357stored energy comprised of both an internal combustion or heat
1358engine using combustible fuel and a rechargeable energy-storage
1359system; and
1360     2.  In the case of a passenger automobile or light truck,
1361has received a certificate of conformity under the Clean Air
1362Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1363equivalent qualifying California standards for a low-emission
1364vehicle.
1365     (2)  The number of persons who that must be in a vehicle to
1366qualify for legal use of the HOV lane and the hours during which
1367the lane will serve as an HOV lane, if it is not designated as
1368such on a full-time basis, must also be indicated on a traffic
1369control device.
1370     (3)  Except as provided in subsection (4), a vehicle may
1371not be driven in an HOV lane if the vehicle is occupied by fewer
1372than the number of occupants indicated by a traffic control
1373device. A driver who violates this section shall be cited for a
1374moving violation, punishable as provided in chapter 318.
1375     (4)(a)  Notwithstanding any other provision of this
1376section, an inherently low-emission vehicle (ILEV) that is
1377certified and labeled in accordance with federal regulations may
1378be driven in an HOV lane at any time, regardless of its
1379occupancy. In addition, upon the state's receipt of written
1380notice from the proper federal regulatory agency authorizing
1381such use, a vehicle defined as a hybrid vehicle under this
1382section may be driven in an HOV lane at any time, regardless of
1383its occupancy.
1384     (b)  All eligible hybrid and other low-emission and energy-
1385efficient vehicles driven in an HOV lane must comply with the
1386minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1387     (c)  Upon its effective date, the eligibility of hybrid and
1388other low-emission and energy-efficient vehicles for operation
1389in an HOV lane regardless of occupancy shall be determined in
1390accordance with the applicable final rule issued by the United
1391States Environmental Protection Agency pursuant to 23 U.S.C. s.
1392166(e).
1393     (5)  The department shall issue a decal and registration
1394certificate, to be renewed annually, reflecting the HOV lane
1395designation on such vehicles meeting the criteria in subsection
1396(4) authorizing driving in an HOV lane at any time such use. The
1397department may charge a fee for a decal, not to exceed the costs
1398of designing, producing, and distributing each decal, or $5,
1399whichever is less. The proceeds from sale of the decals shall be
1400deposited in the Highway Safety Operating Trust Fund. The
1401department may, for reasons of operation and management of HOV
1402facilities, limit or discontinue issuance of decals for the use
1403of HOV facilities by hybrid and low-emission and energy-
1404efficient vehicles regardless of occupancy if it has been
1405determined by the Department of Transportation that the
1406facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1407     (6)  Vehicles having decals by virtue of compliance with
1408the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1409and that are registered for use in high-occupancy-vehicle toll
1410lanes or express lanes in accordance with Department of
1411Transportation rule shall be allowed to use any HOV lane
1412redesignated as a high-occupancy-vehicle toll lane without
1413requiring payment of the toll.
1414     (5)  As used in this section, the term "hybrid vehicle"
1415means a motor vehicle:
1416     (a)  That draws propulsion energy from onboard sources of
1417stored energy which are both:
1418     1.  An internal combustion or heat engine using combustible
1419fuel; and
1420     2.  A rechargeable energy storage system; and
1421     (b)  That, in the case of a passenger automobile or light
1422truck:
1423     1.  Has received a certificate of conformity under the
1424Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
1425     2.  Meets or exceeds the equivalent qualifying California
1426standards for a low-emission vehicle.
1427     (7)(6)  The department may adopt rules necessary to
1428administer this section.
1429     Section 25.  Subsection (1) of section 337.401, Florida
1430Statutes, is amended to read:
1431     337.401  Use of right-of-way for utilities subject to
1432regulation; permit; fees.--
1433     (1)  The department and local governmental entities,
1434referred to in ss. 337.401-337.404 as the "authority," that have
1435jurisdiction and control of public roads or publicly owned rail
1436corridors are authorized to prescribe and enforce reasonable
1437rules or regulations with reference to the placing and
1438maintaining along, across, or on any road or publicly owned rail
1439corridors under their respective jurisdictions any electric
1440transmission, telephone, telegraph, or other communications
1441services lines; pole lines; poles; railways; ditches; sewers;
1442water, heat, or gas mains; pipelines; fences; gasoline tanks and
1443pumps; or other structures hereinafter referred to in this
1444section as the "utility." For aerial and underground electric
1445transmission lines designed to operate at 69 or more kilovolts
1446that are needed to accommodate the additional electrical
1447transfer capacity on the transmission grid resulting from new
1448base-load generating facilities, where there is no other
1449practicable alternative available for placement of the electric
1450transmission lines on the department's rights-of-way, the
1451department's rules shall provide for placement of and access to
1452such transmission lines within the right-of-way of any
1453department-controlled public road, including longitudinally
1454within limited access facilities to the greatest extent allowed
1455by federal law, if compliance with the standards established by
1456such rules is achieved. Such rules may include, but need not be
1457limited to, presentation of competent and substantial evidence
1458that the use of the right-of-way is reasonable based upon a
1459consideration of economic and environmental factors, including,
1460without limitation, other utility corridors and easements and
1461minimum clear zones and other safety standards, if such
1462improvements do not interfere with operational requirements of
1463the transportation facility or planned or potential future
1464expansion of such transportation facility. If the department
1465approves longitudinal placement of electric transmission lines
1466in limited access facilities, compensation for the use of the
1467right-of-way is required. Such consideration or compensation
1468paid by the electric utility in connection with the department's
1469issuance of a permit does not create any property right in the
1470department's property regardless of the amount of consideration
1471paid or the improvements constructed on the property by the
1472utility. Upon notice by the department that the property is
1473needed for expansion or improvement of the transportation
1474facility, the electric transmission line shall be relocated from
1475the facility at the electric utility's sole expense. Such
1476relocation shall occur under a schedule mutually agreed upon by
1477the department and the electric utility, taking into
1478consideration the maintenance of overall grid reliability and
1479minimizing the relocation costs to the electric utility's
1480customers. If the utility fails to meet the agreed-upon schedule
1481for relocation, the utility shall be responsible for reasonable
1482direct delay damages due to the sole negligence of the electric
1483utility as determined by a court of competent jurisdiction. As
1484used in this subsection, the term "base-load generating
1485facilities" means electrical power plants that are certified
1486under part II of chapter 403. The department may enter into a
1487permit-delegation agreement with a governmental entity if
1488issuance of a permit is based on requirements that the
1489department finds will ensure the safety and integrity of
1490facilities of the Department of Transportation; however, the
1491permit-delegation agreement does not apply to facilities of
1492electric utilities as defined in s. 366.02(2).
1493     Section 26.  Subsections (1) and (7) of section 339.175,
1494Florida Statutes, are amended to read:
1495     339.175  Metropolitan planning organization.--
1496     (1)  PURPOSE.--It is the intent of the Legislature to
1497encourage and promote the safe and efficient management,
1498operation, and development of surface transportation systems
1499that will serve the mobility needs of people and freight and
1500foster economic growth and development within and through
1501urbanized areas of this state while minimizing transportation-
1502related fuel consumption, and air pollution, and greenhouse gas
1503emissions through metropolitan transportation planning processes
1504identified in this section. To accomplish these objectives,
1505metropolitan planning organizations, referred to in this section
1506as M.P.O.'s, shall develop, in cooperation with the state and
1507public transit operators, transportation plans and programs for
1508metropolitan areas. The plans and programs for each metropolitan
1509area must provide for the development and integrated management
1510and operation of transportation systems and facilities,
1511including pedestrian walkways and bicycle transportation
1512facilities that will function as an intermodal transportation
1513system for the metropolitan area, based upon the prevailing
1514principles provided in s. 334.046(1). The process for developing
1515such plans and programs shall provide for consideration of all
1516modes of transportation and shall be continuing, cooperative,
1517and comprehensive, to the degree appropriate, based on the
1518complexity of the transportation problems to be addressed. To
1519ensure that the process is integrated with the statewide
1520planning process, M.P.O.'s shall develop plans and programs that
1521identify transportation facilities that should function as an
1522integrated metropolitan transportation system, giving emphasis
1523to facilities that serve important national, state, and regional
1524transportation functions. For the purposes of this section,
1525those facilities include the facilities on the Strategic
1526Intermodal System designated under s. 339.63 and facilities for
1527which projects have been identified pursuant to s. 339.2819(4).
1528     (7)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1529develop a long-range transportation plan that addresses at least
1530a 20-year planning horizon. The plan must include both long-
1531range and short-range strategies and must comply with all other
1532state and federal requirements. The prevailing principles to be
1533considered in the long-range transportation plan are: preserving
1534the existing transportation infrastructure; enhancing Florida's
1535economic competitiveness; and improving travel choices to ensure
1536mobility. The long-range transportation plan must be consistent,
1537to the maximum extent feasible, with future land use elements
1538and the goals, objectives, and policies of the approved local
1539government comprehensive plans of the units of local government
1540located within the jurisdiction of the M.P.O. Each M.P.O. is
1541encouraged to consider strategies that integrate transportation
1542and land use planning to provide for sustainable development and
1543reduce greenhouse gas emissions. The approved long-range
1544transportation plan must be considered by local governments in
1545the development of the transportation elements in local
1546government comprehensive plans and any amendments thereto. The
1547long-range transportation plan must, at a minimum:
1548     (a)  Identify transportation facilities, including, but not
1549limited to, major roadways, airports, seaports, spaceports,
1550commuter rail systems, transit systems, and intermodal or
1551multimodal terminals that will function as an integrated
1552metropolitan transportation system. The long-range
1553transportation plan must give emphasis to those transportation
1554facilities that serve national, statewide, or regional
1555functions, and must consider the goals and objectives identified
1556in the Florida Transportation Plan as provided in s. 339.155. If
1557a project is located within the boundaries of more than one
1558M.P.O., the M.P.O.'s must coordinate plans regarding the project
1559in the long-range transportation plan.
1560     (b)  Include a financial plan that demonstrates how the
1561plan can be implemented, indicating resources from public and
1562private sources which are reasonably expected to be available to
1563carry out the plan, and recommends any additional financing
1564strategies for needed projects and programs. The financial plan
1565may include, for illustrative purposes, additional projects that
1566would be included in the adopted long-range transportation plan
1567if reasonable additional resources beyond those identified in
1568the financial plan were available. For the purpose of developing
1569the long-range transportation plan, the M.P.O. and the
1570department shall cooperatively develop estimates of funds that
1571will be available to support the plan implementation. Innovative
1572financing techniques may be used to fund needed projects and
1573programs. Such techniques may include the assessment of tolls,
1574the use of value capture financing, or the use of value pricing.
1575     (c)  Assess capital investment and other measures necessary
1576to:
1577     1.  Ensure the preservation of the existing metropolitan
1578transportation system including requirements for the operation,
1579resurfacing, restoration, and rehabilitation of major roadways
1580and requirements for the operation, maintenance, modernization,
1581and rehabilitation of public transportation facilities; and
1582     2.  Make the most efficient use of existing transportation
1583facilities to relieve vehicular congestion and maximize the
1584mobility of people and goods.
1585     (d)  Indicate, as appropriate, proposed transportation
1586enhancement activities, including, but not limited to,
1587pedestrian and bicycle facilities, scenic easements,
1588landscaping, historic preservation, mitigation of water
1589pollution due to highway runoff, and control of outdoor
1590advertising.
1591     (e)  In addition to the requirements of paragraphs (a)-(d),
1592in metropolitan areas that are classified as nonattainment areas
1593for ozone or carbon monoxide, the M.P.O. must coordinate the
1594development of the long-range transportation plan with the State
1595Implementation Plan developed pursuant to the requirements of
1596the federal Clean Air Act.
1597
1598In the development of its long-range transportation plan, each
1599M.P.O. must provide the public, affected public agencies,
1600representatives of transportation agency employees, freight
1601shippers, providers of freight transportation services, private
1602providers of transportation, representatives of users of public
1603transit, and other interested parties with a reasonable
1604opportunity to comment on the long-range transportation plan.
1605The long-range transportation plan must be approved by the
1606M.P.O.
1607     Section 27.  Subsections (2) and (4) of section 350.01,
1608Florida Statutes, are amended to read:
1609     350.01  Florida Public Service Commission; terms of
1610commissioners; vacancies; election and duties of chair; quorum;
1611proceedings.--
1612     (2)(a)  Each commissioner serving on July 1, 1978, shall be
1613permitted to remain in office until the completion of his or her
1614current term. Upon the expiration of the term, a successor shall
1615be appointed in the manner prescribed by s. 350.031(4), (5), and
1616(6), and (7) for a 4-year term, except that the terms of the
1617initial members appointed under this act shall be as follows:
1618     1.  The vacancy created by the present term ending in
1619January, 1981, shall be filled by appointment for a 4-year term
1620and for 4-year terms thereafter; and
1621     2.  The vacancies created by the two present terms ending
1622in January, 1979, shall be filled by appointment for a 3-year
1623term and for 4-year terms thereafter.
1624     (b)  Two additional commissioners shall be appointed in the
1625manner prescribed by s. 350.031(4), (5), and (6), and (7) for 4-
1626year terms beginning the first Tuesday after the first Monday in
1627January, 1979, and successors shall be appointed for 4-year
1628terms thereafter with each term beginning on January 2 of the
1629year the term commences and ending 4 years later on January 1.
1630     (c)  Vacancies on the commission shall be filled for the
1631unexpired portion of the term in the same manner as original
1632appointments to the commission.
1633     (4)  One member of the commission shall be elected by
1634majority vote to serve as chair for a term of 2 years, beginning
1635on January 2 of the first year of the term with the first
1636Tuesday after the first Monday in January 1979. A member may not
1637serve two consecutive terms as chair.
1638     Section 28.  Section 350.012, Florida Statutes, is amended
1639to read:
1640     350.012  Committee on Public Counsel Service Commission
1641Oversight; creation; membership; powers and duties.--
1642     (1)  There is created a standing joint committee of the
1643Legislature, designated the Committee on Public Counsel Service
1644Commission Oversight, and composed of 12 members appointed as
1645follows: six members of the Senate appointed by the President of
1646the Senate, two of whom must be members of the minority party;
1647and six members of the House of Representatives appointed by the
1648Speaker of the House of Representatives, two of whom must be
1649members of the minority party. The terms of members shall be for
16502 years and shall run from the organization of one Legislature
1651to the organization of the next Legislature. The President shall
1652appoint the chair of the committee in even-numbered years and
1653the vice chair in odd-numbered years, and the Speaker of the
1654House of Representatives shall appoint the chair of the
1655committee in odd-numbered years and the vice chair in even-
1656numbered years, from among the committee membership. Vacancies
1657shall be filled in the same manner as the original appointment.
1658Members shall serve without additional compensation, but shall
1659be reimbursed for expenses.
1660     (2)  The committee shall:
1661     (a)  Recommend to the Governor nominees to fill a vacancy
1662on the Public Service Commission, as provided by general law;
1663and
1664     (b)  appoint a Public Counsel as provided by general law.
1665     (3)  The committee is authorized to file a complaint with
1666the Commission on Ethics alleging a violation of this chapter by
1667a commissioner, former commissioner, former commission employee,
1668or member of the Public Service Commission Nominating Council.
1669     (3)(4)  The committee will not have a permanent staff, but
1670the President of the Senate and the Speaker of the House of
1671Representatives shall select staff members from among existing
1672legislative staff, when and as needed.
1673     Section 29.  Section 350.03, Florida Statutes, is amended
1674to read:
1675     350.03  Power of Governor to remove and to fill
1676vacancies.--The Governor shall have the same power to remove,
1677suspend, or appoint to fill vacancies in the office of
1678commissioners as in other offices, as set forth in s. 7, Art. IV
1679of the State Constitution.
1680     Section 30.  Subsections (1) and (4) through (8) of section
1681350.031, Florida Statutes, are amended to read:
1682     350.031  Florida Public Service Commission Nominating
1683Council.--
1684     (1)  There is created a Florida Public Service Commission
1685Nominating Council consisting of 12 nine members. At least one
1686member of the council must be 60 years of age or older. Six
1687Three members, including three members one member of the House
1688of Representatives, one of whom shall be a member of the
1689minority party, shall be appointed by and serve at the pleasure
1690of the Speaker of the House of Representatives. Six;three
1691members, including three members one member of the Senate, one
1692of whom shall be a member of the minority party, shall be
1693appointed by and serve at the pleasure of the President of the
1694Senate; and three members shall be selected and appointed by a
1695majority vote of the other six members of the council. All terms
1696shall be for 4 years except those members of the House and
1697Senate, who shall serve 2-year terms concurrent with the 2-year
1698elected terms of House members. The President of the Senate
1699shall appoint the chair of the council in even-numbered years
1700and the vice chair in odd-numbered years, and the Speaker of the
1701House of Representatives shall appoint the chair of the council
1702in odd-numbered years and the vice chair in even-numbered years,
1703from among the council membership. Vacancies on the council
1704shall be filled for the unexpired portion of the term in the
1705same manner as original appointments to the council. A member
1706may not be reappointed to the council, except for a member of
1707the House of Representatives or the Senate who may be appointed
1708to two 2-year terms or a person who is appointed to fill the
1709remaining portion of an unexpired term.
1710     (4)  The council may spend a nominal amount, not to exceed
1711$10,000, to advertise a vacancy on the council, which shall be
1712funded by the Florida Public Service Regulatory Trust Fund.
1713     (4)(5)  A person may not be nominated to the Governor for
1714appointment to the Committee on Public Service Commission
1715Oversight until the council has determined that the person is
1716competent and knowledgeable in one or more fields, which shall
1717include, but not be limited to: public affairs, law, economics,
1718accounting, engineering, finance, natural resource conservation,
1719energy, or another field substantially related to the duties and
1720functions of the commission. The commission shall fairly
1721represent the above-stated fields. Recommendations of the
1722council shall be nonpartisan.
1723     (5)(6)  It is the responsibility of the council to nominate
1724to the Governor no fewer than three Committee on Public Service
1725Commission Oversight six persons for each vacancy occurring on
1726the Public Service Commission. The council shall submit the
1727recommendations to the Governor by September 15 committee by
1728August 1 of those years in which the terms are to begin the
1729following January, or within 60 days after a vacancy occurs for
1730any reason other than the expiration of the term.
1731     (6)(7)  The Committee on Public Service Commission
1732Oversight shall select from the list of nominees provided by the
1733nominating council three nominees for recommendation to the
1734Governor for appointment to the commission. The recommendations
1735must be provided to the Governor within 45 days after receipt of
1736the list of nominees. The Governor shall fill a vacancy
1737occurring on the Public Service Commission by appointment of one
1738of the applicants nominated by the council committee only after
1739a background investigation of such applicant has been conducted
1740by the Florida Department of Law Enforcement. If the Governor
1741has not made an appointment within 30 consecutive calendar days
1742after the receipt of the recommendation, the council committee,
1743by majority vote, shall appoint, within 30 days after the
1744expiration of the Governor's time to make an appointment, one
1745person from the applicants previously nominated to the Governor
1746to fill the vacancy. After an appointment has been made pursuant
1747to this subsection, a successor governor may remove an appointee
1748only as provided in s. 350.03.
1749     (7)(8)  Each appointment to the Public Service Commission
1750shall be subject to confirmation by the Senate during the next
1751regular session after the vacancy occurs. If the Senate refuses
1752to confirm or fails to consider rejects the Governor's
1753appointment, the council shall initiate, in accordance with this
1754section, the nominating process within 30 days.
1755     Section 31.  Subsection (1) of section 350.061, Florida
1756Statutes, is amended to read:
1757     350.061  Public Counsel; appointment; oath; restrictions on
1758Public Counsel and his or her employees.--
1759     (1)  The Committee on Public Counsel Service Commission
1760Oversight shall appoint a Public Counsel by majority vote of the
1761members of the committee to represent the general public of
1762Florida before the Florida Public Service Commission. The Public
1763Counsel shall be an attorney admitted to practice before the
1764Florida Supreme Court and shall serve at the pleasure of the
1765Committee on Public Counsel Service Commission Oversight,
1766subject to biennial reconfirmation by the committee. The Public
1767Counsel shall perform his or her duties independently. Vacancies
1768in the office shall be filled in the same manner as the original
1769appointment.
1770     Section 32.  Subsection (2) of section 350.0614, Florida
1771Statutes, is amended to read:
1772     350.0614  Public Counsel; compensation and expenses.--
1773     (2)  The Legislature declares and determines that the
1774Public Counsel is under the legislative branch of government
1775within the intention of the legislation as expressed in chapter
1776216, and no power shall be in the Executive Office of the
1777Governor or its successor to release or withhold funds
1778appropriated to it, but the same shall be available for
1779expenditure as provided by law and the rules or decisions of the
1780Committee on Public Counsel Service Commission Oversight.
1781     Section 33.  Subsection (7) is added to section 366.04,
1782Florida Statutes, to read:
1783     366.04  Jurisdiction of commission.--
1784     (7)(a)  As used in this subsection, the term "affected
1785municipal electric utility" means a municipality that operates
1786an electric utility that:
1787     1.  Serves two cities in the same county;
1788     2.  Is located in a noncharter county;
1789     3.  Has between 30,000 and 35,000 retail electric customers
1790as of September 30, 2007; and
1791     4.  Does not have a service territory that extends beyond
1792its home county as of September 30, 2007.
1793     (b)  Each affected municipal electric utility shall conduct
1794a referendum election of all of its retail electric customers,
1795with each named retail electric customer having one vote,
1796concurrent with the next regularly scheduled general election
1797following the effective date of this act.
1798     (c)  The ballot for the referendum election required under
1799paragraph (b) shall contain the following question: "Should a
1800separate electric utility authority be created to operate the
1801business of the electric utility in the affected municipal
1802electric utility?" The statement shall be followed by the word
1803"yes" and the word "no."
1804     (d)  The provisions of the Election Code relating to notice
1805and conduct of the election shall be followed to the extent
1806practicable. Costs of the referendum election shall be borne by
1807the affected municipal electric utility.
1808     (e)  If a majority of the affected municipal electric
1809utility's retail electric customers vote in favor of creating a
1810separate electric utility authority, the affected municipal
1811electric utility shall transfer operations of its electric
1812utility business to a duly-created authority on or before July
18131, 2009. An electric utility authority created pursuant to this
1814subsection shall consist of a governing body with a membership
1815that is proportionally representative of the number of county
1816and city ratepayers and shall have jurisdiction over electric,
1817water, and sewer utilities.
1818     Section 34.  Section 366.81, Florida Statutes, is amended
1819to read:
1820     366.81  Legislative findings and intent.--The Legislature
1821finds and declares that it is critical to utilize the most
1822efficient and cost-effective demand-side renewable energy
1823systems and conservation systems in order to protect the health,
1824prosperity, and general welfare of the state and its citizens.
1825Reduction in, and control of, the growth rates of electric
1826consumption and of weather-sensitive peak demand are of
1827particular importance. The Legislature further finds that the
1828Florida Public Service Commission is the appropriate agency to
1829adopt goals and approve plans related to the promotion of
1830demand-side renewable energy systems and the conservation of
1831electric energy and natural gas usage. The Legislature directs
1832the commission to develop and adopt overall goals and authorizes
1833the commission to require each utility to develop plans and
1834implement programs for increasing energy efficiency and
1835conservation and demand-side renewable energy systems within its
1836service area, subject to the approval of the commission. Since
1837solutions to our energy problems are complex, the Legislature
1838intends that the use of solar energy, renewable energy sources,
1839highly efficient systems, cogeneration, and load-control systems
1840be encouraged. Accordingly, in exercising its jurisdiction, the
1841commission shall not approve any rate or rate structure which
1842discriminates against any class of customers on account of the
1843use of such facilities, systems, or devices. This expression of
1844legislative intent shall not be construed to preclude
1845experimental rates, rate structures, or programs. The
1846Legislature further finds and declares that ss. 366.80-366.85
1847and 403.519 are to be liberally construed in order to meet the
1848complex problems of reducing and controlling the growth rates of
1849electric consumption and reducing the growth rates of weather-
1850sensitive peak demand; increasing the overall efficiency and
1851cost-effectiveness of electricity and natural gas production and
1852use; encouraging further development of demand-side renewable
1853energy systems cogeneration facilities; and conserving expensive
1854resources, particularly petroleum fuels.
1855     Section 35.  Section 366.82, Florida Statutes, is amended
1856to read:
1857     366.82  Definition; goals; plans; programs; annual reports;
1858energy audits.--
1859     (1)  For the purposes of ss. 366.80-366.85 and 403.519:,
1860     (a)  "Utility" means any person or entity of whatever form
1861which provides electricity or natural gas at retail to the
1862public, specifically including municipalities or
1863instrumentalities thereof and cooperatives organized under the
1864Rural Electric Cooperative Law and specifically excluding any
1865municipality or instrumentality thereof, any cooperative
1866organized under the Rural Electric Cooperative Law, or any other
1867person or entity providing natural gas at retail to the public
1868whose annual sales volume is less than 100 million therms or any
1869municipality or instrumentality thereof and any cooperative
1870organized under the Rural Electric Cooperative Law providing
1871electricity at retail to the public whose annual sales as of
1872July 1, 1993, to end-use customers is less than 2,000 gigawatt
1873hours.
1874     (b)  "Demand-side renewable energy" means a thermal or
1875electric energy produced and consumed at a customer's premises.
1876     (2)  The commission shall adopt appropriate goals for
1877increasing the efficiency of energy consumption and increasing
1878the development of demand-side renewable energy systems
1879cogeneration, specifically including goals designed to increase
1880the conservation of expensive resources, such as petroleum
1881fuels, to reduce and control the growth rates of electric
1882consumption, and to reduce the growth rates of weather-sensitive
1883peak demand, and to encourage development of demand-side
1884renewable energy resources. The commission may allow efficiency
1885investments across generation, transmission, and distribution as
1886well as efficiencies within the user base. The Executive Office
1887of the Governor shall be a party in the proceedings to adopt
1888goals. The commission may change the goals for reasonable cause.
1889The time period to review the goals, however, shall not exceed 5
1890years. After the programs and plans to meet those goals are
1891completed, the commission shall determine what further goals,
1892programs, or plans are warranted and, if so, shall adopt them.
1893     (3)  In developing the goals, the commission shall evaluate
1894the full technical potential of all available demand-side and
1895supply-side conservation and efficiency measures, including
1896demand-side renewable energy systems. In establishing the goals,
1897the commission shall take into consideration:
1898     (a)  The costs and benefits to customers participating in
1899the measure.
1900     (b)  The costs and benefits to the general body of
1901ratepayers as a whole, including utility incentives and
1902participant contributions.
1903     (c)  The need for incentives to promote both customer-owned
1904and utility-owned energy efficiency and demand-side renewable
1905energy systems.
1906     (d)  The costs imposed by state and federal regulations on
1907the emission of greenhouse gases.
1908     (4)  Subject to specific appropriation, the commission may
1909expend up to $250,000 from the Florida Public Service Regulatory
1910Trust Fund to obtain needed technical consulting assistance.
1911     (5)  The Florida Energy and Climate Commission shall be a
1912party in the proceedings to adopt goals and shall file with the
1913commission comments on the proposed goals, including, but not
1914limited to:
1915     (a)  An evaluation of utility load forecasts, including an
1916assessment of alternative supply-side and demand-side resource
1917options.
1918     (b)  An analysis of various policy options that can be
1919implemented to achieve a least-cost strategy, including
1920nonutility programs targeted at reducing and controlling the per
1921capita use of electricity in the state.
1922     (c)  An analysis of the impact of state and local building
1923codes and appliance efficiency standards on the need for
1924utility-sponsored conservation and energy efficiency measures
1925and programs.
1926     (6)  The commission may change the goals for reasonable
1927cause. The time period to review the goals, however, shall not
1928exceed 5 years. After the programs and plans to meet those goals
1929are completed, the commission shall determine what further
1930goals, programs, or plans are warranted and adopt them.
1931     (7)(3)  Following adoption of goals pursuant to subsections
1932subsection (2) and (3), the commission shall require each
1933utility to develop plans and programs to meet the overall goals
1934within its service area. The commission may require
1935modifications or additions to a utility's plans and programs at
1936any time it is in the public interest consistent with this act.
1937In approving plans and programs for cost recovery, the
1938commission shall have the flexibility to modify or deny plans or
1939programs that would have an undue impact on the costs passed on
1940to customers. If any plan or program includes loans, collection
1941of loans, or similar banking functions by a utility and the plan
1942is approved by the commission, the utility shall perform such
1943functions, notwithstanding any other provision of the law. The
1944commission may pledge up to $5 million of the Florida Public
1945Service Regulatory Trust Fund to guarantee such loans. However,
1946no utility shall be required to loan its funds for the purpose
1947of purchasing or otherwise acquiring conservation measures or
1948devices, but nothing herein shall prohibit or impair the
1949administration or implementation of a utility plan as submitted
1950by a utility and approved by the commission under this
1951subsection. If the commission disapproves a plan, it shall
1952specify the reasons for disapproval, and the utility whose plan
1953is disapproved shall resubmit its modified plan within 30 days.
1954Prior approval by the commission shall be required to modify or
1955discontinue a plan, or part thereof, which has been approved. If
1956any utility has not implemented its programs and is not
1957substantially in compliance with the provisions of its approved
1958plan at any time, the commission shall adopt programs required
1959for that utility to achieve the overall goals. Utility programs
1960may include variations in rate design, load control,
1961cogeneration, residential energy conservation subsidy, or any
1962other measure within the jurisdiction of the commission which
1963the commission finds likely to be effective; this provision
1964shall not be construed to preclude these measures in any plan or
1965program.
1966     (8)  The commission may authorize financial rewards for
1967those utilities over which it has rate-setting authority that
1968exceed their goals and may authorize financial penalties for
1969those utilities that fail to meet their goals, including, but
1970not limited to, the sharing of generation, transmission, and
1971distribution cost savings associated with conservation, energy
1972efficiency, and demand-side renewable energy systems additions.
1973     (9)(4)  The commission shall require periodic reports from
1974each utility and shall provide the Legislature and the Governor
1975with an annual report by March 1 of the goals it has adopted and
1976its progress toward meeting those goals. The commission shall
1977also consider the performance of each utility pursuant to ss.
1978366.80-366.85 and 403.519 when establishing rates for those
1979utilities over which the commission has ratesetting authority.
1980     (10)(5)  The commission shall require each utility to
1981offer, or to contract to offer, energy audits to its residential
1982customers. This requirement need not be uniform, but may be
1983based on such factors as level of usage, geographic location, or
1984any other reasonable criterion, so long as all eligible
1985customers are notified. The commission may extend this
1986requirement to some or all commercial customers. The commission
1987shall set the charge for audits by rule, not to exceed the
1988actual cost, and may describe by rule the general form and
1989content of an audit. In the event one utility contracts with
1990another utility to perform audits for it, the utility for which
1991the audits are performed shall pay the contracting utility the
1992reasonable cost of performing the audits. Each utility over
1993which the commission has ratesetting authority shall estimate
1994its costs and revenues for audits, conservation programs, and
1995implementation of its plan for the immediately following 6-month
1996period. Reasonable and prudent unreimbursed costs projected to
1997be incurred, or any portion of such costs, may be added to the
1998rates which would otherwise be charged by a utility upon
1999approval by the commission, provided that the commission shall
2000not allow the recovery of the cost of any company image-
2001enhancing advertising or of any advertising not directly related
2002to an approved conservation program. Following each 6-month
2003period, each utility shall report the actual results for that
2004period to the commission, and the difference, if any, between
2005actual and projected results shall be taken into account in
2006succeeding periods. The state plan as submitted for
2007consideration under the National Energy Conservation Policy Act
2008shall not be in conflict with any state law or regulation.
2009     (11)(6)(a)  Notwithstanding the provisions of s. 377.703,
2010the commission shall be the responsible state agency for
2011performing, coordinating, implementing, or administering the
2012functions of the state plan submitted for consideration under
2013the National Energy Conservation Policy Act and any acts
2014amendatory thereof or supplemental thereto and for performing,
2015coordinating, implementing, or administering the functions of
2016any future federal program delegated to the state which relates
2017to consumption, utilization, or conservation of electricity or
2018natural gas; and the commission shall have exclusive
2019responsibility for preparing all reports, information, analyses,
2020recommendations, and materials related to consumption,
2021utilization, or conservation of electrical energy which are
2022required or authorized by s. 377.703.
2023     (b)  The Executive Office of the Governor shall be a party
2024in the proceedings to adopt goals and shall file with the
2025commission comments on the proposed goals including, but not
2026limited to:
2027     1.  An evaluation of utility load forecasts, including an
2028assessment of alternative supply and demand side resource
2029options.
2030     2.  An analysis of various policy options which can be
2031implemented to achieve a least-cost strategy.
2032     (12)(7)  The commission shall establish all minimum
2033requirements for energy auditors used by each utility. The
2034commission is authorized to contract with any public agency or
2035other person to provide any training, testing, evaluation, or
2036other step necessary to fulfill the provisions of this
2037subsection.
2038     Section 36.  Paragraph (d) of subsection (1) of section
2039366.8255, Florida Statutes, is amended to read:
2040     366.8255  Environmental cost recovery.--
2041     (1)  As used in this section, the term:
2042     (d)  "Environmental compliance costs" includes all costs or
2043expenses incurred by an electric utility in complying with
2044environmental laws or regulations, including, but not limited
2045to:
2046     1.  Inservice capital investments, including the electric
2047utility's last authorized rate of return on equity thereon.;
2048     2.  Operation and maintenance expenses.;
2049     3.  Fuel procurement costs.;
2050     4.  Purchased power costs.;
2051     5.  Emission allowance costs.;
2052     6.  Direct taxes on environmental equipment.; and
2053     7.  Costs or expenses prudently incurred by an electric
2054utility pursuant to an agreement entered into on or after the
2055effective date of this act and prior to October 1, 2002, between
2056the electric utility and the Florida Department of Environmental
2057Protection or the United States Environmental Protection Agency
2058for the exclusive purpose of ensuring compliance with ozone
2059ambient air quality standards by an electrical generating
2060facility owned by the electric utility.
2061     8.  Costs or expenses prudently incurred for the
2062quantification, reporting, and third-party verification as
2063required for participation in greenhouse gas emission registries
2064for greenhouse gases as defined in s. 403.44.
2065     9.  Costs or expenses prudently incurred for scientific
2066research and geological assessments of carbon capture and
2067storage conducted in this state for the purpose of reducing an
2068electric utility's greenhouse gas emissions when such costs or
2069expenses are incurred in joint research projects with Florida
2070state government agencies and Florida state universities.
2071     Section 37.  Subsection (2) of section 366.91, Florida
2072Statutes, is amended, subsection (5) is renumbered as subsection
2073(8), and new subsections (5), (6), and (7) are added to that
2074section, to read:
2075     366.91  Renewable energy.--
2076     (2)  As used in this section, the term:
2077     (a)  "Biomass" means a power source that is comprised of,
2078but not limited to, combustible residues or gases from forest
2079products manufacturing, waste, byproducts, or products from
2080agricultural and orchard crops, waste or co-products products
2081from livestock and poultry operations, waste or byproducts from
2082and food processing, urban wood waste, municipal solid waste,
2083municipal liquid waste treatment operations, and landfill gas.
2084     (b)  "Customer-owned renewable generation" means an
2085electric generating system located on a customer's premises that
2086is primarily intended to offset part or all of the customer's
2087electricity requirements with renewable energy.
2088     (c)  "Net metering" means a metering and billing
2089methodology whereby customer-owned renewable generation is
2090allowed to offset the customer's electricity consumption on
2091site.
2092     (d)(b)  "Renewable energy" means electrical energy produced
2093from a method that uses one or more of the following fuels or
2094energy sources: hydrogen produced from sources other than fossil
2095fuels, biomass, solar energy, geothermal energy, wind energy,
2096ocean energy, and hydroelectric power. The term includes the
2097alternative energy resource, waste heat, from sulfuric acid
2098manufacturing operations.
2099     (5)  On or before January 1, 2009, each public utility
2100shall develop a standardized interconnection agreement and net
2101metering program for customer-owned renewable generation. The
2102commission shall establish requirements relating to the
2103expedited interconnection and net metering of customer-owned
2104renewable generation by public utilities and may adopt rules to
2105administer this section.
2106     (6)  On or before July 1, 2009, each municipal electric
2107utility and each rural electric cooperative that sells
2108electricity at retail shall develop a standardized
2109interconnection agreement and net metering program for customer-
2110owned renewable generation. Each governing authority shall
2111establish requirements relating to the expedited interconnection
2112and net metering of customer-owned generation. By April 1 of
2113each year, each municipal electric utility and rural electric
2114cooperative utility serving retail customers shall file a report
2115with the commission detailing customer participation in the
2116interconnection and net metering program, including, but not
2117limited to, the number and total capacity of interconnected
2118generating systems and the total energy net metered in the
2119previous year.
2120     (7)  Under the provisions of subsections (5) and (6), when
2121a utility purchases power generated from biogas produced by the
2122anaerobic digestion of agricultural waste, including food waste
2123or other agricultural byproducts, net metering shall be
2124available at a single metering point or as a part of conjunctive
2125billing of multiple points for a customer at a single location.
2126     Section 38.  Section 366.92, Florida Statutes, is amended
2127to read:
2128     366.92  Florida renewable energy policy.--
2129     (1)  It is the intent of the Legislature to promote the
2130development of renewable energy; protect the economic viability
2131of Florida's existing renewable energy facilities; diversify the
2132types of fuel used to generate electricity in Florida; lessen
2133Florida's dependence on natural gas and fuel oil for the
2134production of electricity; minimize the volatility of fuel
2135costs; encourage investment within the state; improve
2136environmental conditions; and, at the same time, minimize the
2137costs of power supply to electric utilities and their customers.
2138     (2)  As used in For the purposes of this section, the term:
2139     (a)  "Florida renewable energy resources" means shall mean
2140renewable energy, as defined in s. 377.803, that is produced in
2141Florida.
2142     (b)  "Provider" means a public utility as defined in s.
2143366.02(1).
2144     (c)  "Renewable energy" means renewable energy as defined
2145in s. 366.91(2)(d).
2146     (d)  "Renewable energy credit" or "REC" means a product
2147that represents the unbundled, separable, renewable attribute of
2148renewable energy produced in Florida and is equivalent to 1
2149megawatt-hour of electricity generated by a source of renewable
2150energy located in Florida.
2151     (e)  "Renewable portfolio standard" or "RPS" means the
2152minimum percentage of total annual retail electricity sales by a
2153provider to consumers in Florida that shall be supplied by
2154renewable energy produced in Florida.
2155     (3)  The commission shall adopt rules for a renewable
2156portfolio standard requiring each provider to supply renewable
2157energy to its customers directly, by procuring, or through
2158renewable energy credits. In developing the RPS rule, the
2159commission shall consult the Department of Environmental
2160Protection and the Florida Energy and Climate Commission. The
2161rule shall not be implemented until ratified by the Legislature.
2162The commission shall present a draft rule for legislative
2163consideration by February 1, 2009.
2164     (a)  In developing the rule, the commission shall evaluate
2165the current and forecasted levelized cost in cents per kilowatt
2166hour through 2020 and current and forecasted installed capacity
2167in kilowatts for each renewable energy generation method through
21682020.
2169     (b)  The commission's rule:
2170     1.  Shall include methods of managing the cost of
2171compliance with the renewable portfolio standard, whether
2172through direct supply or procurement of renewable power or
2173through the purchase of renewable energy credits. The commission
2174shall have rulemaking authority for providing annual cost
2175recovery and incentive-based adjustments to authorized rates of
2176return on common equity to providers to incentivize renewable
2177energy. Notwithstanding s. 366.91(3) and (4), upon the
2178ratification of the rules developed pursuant to this subsection,
2179the commission may approve projects and power sales agreements
2180with renewable power producers and the sale of renewable energy
2181credits needed to comply with the renewable portfolio standard.
2182In the event of any conflict, this subparagraph shall supersede
2183s. 366.91(3) and (4).
2184     2.  Shall provide for appropriate compliance measures and
2185the conditions under which noncompliance shall be excused due to
2186a determination by the commission that the supply of renewable
2187energy or renewable energy credits was not adequate to satisfy
2188the demand for such energy or that the cost of securing
2189renewable energy or renewable energy credits was cost
2190prohibitive.
2191     3.  May provide added weight to energy provided by wind and
2192solar photovoltaic over other forms of renewable energy, whether
2193directly supplied or procured or indirectly obtained through the
2194purchase of renewable energy credits.
2195     4.  Shall determine an appropriate period of time for which
2196renewable energy credits may be used for purposes of compliance
2197with the renewable portfolio standard.
2198     5.  Shall provide for monitoring of compliance with and
2199enforcement of the requirements of this section.
2200     6.  Shall ensure that energy credited toward compliance
2201with the requirements of this section is not credited toward any
2202other purpose.
2203     7.  Shall include procedures to track and account for
2204renewable energy credits, including ownership of renewable
2205energy credits that are derived from a customer-owned renewable
2206energy facility as a result of any action by a customer of an
2207electric power supplier that is independent of a program
2208sponsored by the electric power supplier.
2209     8.  Shall provide for the conditions and options for the
2210repeal or alteration of the rule in the event that new
2211provisions of federal law supplant or conflict with the rule.
2212     (c)  Beginning on April 1 of the year following final
2213adoption of the commission's renewable portfolio standard rule,
2214each provider shall submit a report to the commission describing
2215the steps that have been taken in the previous year and the
2216steps that will be taken in the future to add renewable energy
2217to the provider's energy supply portfolio. The report shall
2218state whether the provider was in compliance with the renewable
2219portfolio standard during the previous year and how it will
2220comply with the renewable portfolio standard in the upcoming
2221year.
2222     (4)  Until such time as the rules developed pursuant to
2223subsection (3) are ratified by the Legislature, the commission
2224shall provide for full cost recovery under appropriate cost
2225recovery clauses of all reasonable and prudent costs incurred by
2226a provider for a project to place up to a total of 100 megawatts
2227in new renewable energy capacity for each provider, provided
2228that such provider-owned projects do not exceed the projected
2229construction cost per kilowatt of at least one electric power
2230plant for which the commission has granted an affirmative
2231determination of need pursuant to s. 403.519 within the prior 10
2232years.
2233     (5)  Each municipal electric utility and rural electric
2234cooperative shall develop standards for the promotion,
2235encouragement, and expansion of the use of renewable energy
2236resources and energy conservation and efficiency measures. On or
2237before April 1, 2009, and annually thereafter, each municipal
2238electric utility and electric cooperative shall submit to the
2239commission a report that identifies such standards.
2240     (6)  Nothing in this section shall be construed to impede
2241or impair terms and conditions of existing contracts.
2242     (3)  The commission may adopt appropriate goals for
2243increasing the use of existing, expanded, and new Florida
2244renewable energy resources. The commission may change the goals.
2245The commission may review and reestablish the goals at least
2246once every 5 years.
2247     (7)(4)  The commission may adopt rules to administer and
2248implement the provisions of this section.
2249     Section 39.  Subsections (1), (2), and (6) of section
2250366.93, Florida Statutes, are amended to read:
2251     366.93  Cost recovery for the siting, design, licensing,
2252and construction of nuclear and integrated gasification combined
2253cycle power plants.--
2254     (1)  As used in this section, the term:
2255     (a)  "Cost" includes, but is not limited to, all capital
2256investments, including rate of return, any applicable taxes, and
2257all expenses, including operation and maintenance expenses,
2258related to or resulting from the siting, licensing, design,
2259construction, or operation of the nuclear power plant, including
2260new, expanded, or relocated electrical transmission lines or
2261facilities of any size that are necessary thereto, or of the
2262integrated gasification combined cycle power plant.
2263     (b)  "Electric utility" or "utility" has the same meaning
2264as that provided in s. 366.8255(1)(a).
2265     (c)  "Integrated gasification combined cycle power plant"
2266or "plant" means is an electrical power plant as defined in s.
2267403.503(14)(13) that uses synthesis gas produced by integrated
2268gasification technology.
2269     (d)  "Nuclear power plant" or "plant" means is an
2270electrical power plant as defined in s. 403.503(14)(13) that
2271uses nuclear materials for fuel.
2272     (e)  "Power plant" or "plant" means a nuclear power plant
2273or an integrated gasification combined cycle power plant.
2274     (f)  "Preconstruction" is that period of time after a site,
2275including any related electrical transmission lines or
2276facilities, has been selected through and including the date the
2277utility completes site clearing work. Preconstruction costs
2278shall be afforded deferred accounting treatment and shall accrue
2279a carrying charge equal to the utility's allowance for funds
2280during construction (AFUDC) rate until recovered in rates.
2281     (2)  Within 6 months after the enactment of this act, the
2282commission shall establish, by rule, alternative cost recovery
2283mechanisms for the recovery of costs incurred in the siting,
2284design, licensing, and construction of a nuclear power plant,
2285including new, expanded, or relocated electrical transmission
2286lines and facilities that are necessary thereto, or of an
2287integrated gasification combined cycle power plant. Such
2288mechanisms shall be designed to promote utility investment in
2289nuclear or integrated gasification combined cycle power plants
2290and allow for the recovery in rates of all prudently incurred
2291costs, and shall include, but are not be limited to:
2292     (a)  Recovery through the capacity cost recovery clause of
2293any preconstruction costs.
2294     (b)  Recovery through an incremental increase in the
2295utility's capacity cost recovery clause rates of the carrying
2296costs on the utility's projected construction cost balance
2297associated with the nuclear or integrated gasification combined
2298cycle power plant. To encourage investment and provide
2299certainty, for nuclear or integrated gasification combined cycle
2300power plant need petitions submitted on or before December 31,
23012010, associated carrying costs shall be equal to the pretax
2302AFUDC in effect upon this act becoming law. For nuclear or
2303integrated gasification combined cycle power plants for which
2304need petitions are submitted after December 31, 2010, the
2305utility's existing pretax AFUDC rate is presumed to be
2306appropriate unless determined otherwise by the commission in the
2307determination of need for the nuclear or integrated gasification
2308combined cycle power plant.
2309     (6)  If In the event the utility elects not to complete or
2310is precluded from completing construction of the nuclear power
2311plant, including new, expanded, or relocated electrical
2312transmission lines or facilities necessary thereto, or of the
2313integrated gasification combined cycle power plant, the utility
2314shall be allowed to recover all prudent preconstruction and
2315construction costs incurred following the commission's issuance
2316of a final order granting a determination of need for the
2317nuclear power plant and electrical transmission lines and
2318facilities necessary thereto or for the integrated gasification
2319combined cycle power plant. The utility shall recover such costs
2320through the capacity cost recovery clause over a period equal to
2321the period during which the costs were incurred or 5 years,
2322whichever is greater. The unrecovered balance during the
2323recovery period will accrue interest at the utility's weighted
2324average cost of capital as reported in the commission's earnings
2325surveillance reporting requirement for the prior year.
2326     Section 40.  Section 377.601, Florida Statutes, is amended
2327to read:
2328     377.601  Legislative intent.--
2329     (1)  The Legislature finds that the state's energy security
2330can be increased by lessening dependence on foreign oil; that
2331the impacts of global climate change can be reduced through the
2332reduction of greenhouse gas emissions; and that the
2333implementation of alternative energy technologies can be a
2334source of new jobs and employment opportunities for many
2335Floridians. The Legislature further finds that the state is
2336positioned at the front line against potential impacts of global
2337climate change. Human and economic costs of those impacts can be
2338averted by global actions and, where necessary, adapted to by a
2339concerted effort to make Florida's communities more resilient
2340and less vulnerable to these impacts. In focusing the
2341government's policy and efforts to benefit and protect our
2342state, its citizens, and its resources, the Legislature believes
2343that a single government entity with a specific focus on energy
2344and climate change is both desirable and advantageous ability to
2345deal effectively with present shortages of resources used in the
2346production of energy is aggravated and intensified because of
2347inadequate or nonexistent information and that intelligent
2348response to these problems and to the development of a state
2349energy policy demands accurate and relevant information
2350concerning energy supply, distribution, and use. The Legislature
2351finds and declares that a procedure for the collection and
2352analysis of data on the energy flow in this state is essential
2353to the development and maintenance of an energy profile defining
2354the characteristics and magnitudes of present and future energy
2355demands and availability so that the state may rationally deal
2356with present energy problems and anticipate future energy
2357problems.
2358     (2)  The Legislature further recognizes that every state
2359official dealing with energy problems should have current and
2360reliable information on the types and quantity of energy
2361resources produced, imported, converted, distributed, exported,
2362stored, held in reserve, or consumed within the state.
2363     (3)  It is the intent of the Legislature in the passage of
2364this act to provide the necessary mechanisms for the effective
2365development of information necessary to rectify the present lack
2366of information which is seriously handicapping the state's
2367ability to deal effectively with the energy problem. To this
2368end, the provisions of ss. 377.601-377.608 should be given the
2369broadest possible interpretation consistent with the stated
2370legislative desire to procure vital information.
2371     (2)(4)  It is the policy of the State of Florida to:
2372     (a)  Develop and promote the effective use of energy in the
2373state, and discourage all forms of energy waste, and recognize
2374and address the potential of global climate change wherever
2375possible.
2376     (b)  Play a leading role in developing and instituting
2377energy management programs aimed at promoting energy
2378conservation, energy security, and the reduction of greenhouse
2379gas emissions.
2380     (c)  Include energy considerations in all state, regional,
2381and local planning.
2382     (d)  Utilize and manage effectively energy resources used
2383within state agencies.
2384     (e)  Encourage local governments to include energy
2385considerations in all planning and to support their work in
2386promoting energy management programs.
2387     (f)  Include the full participation of citizens in the
2388development and implementation of energy programs.
2389     (g)  Consider in its decisions the energy needs of each
2390economic sector, including residential, industrial, commercial,
2391agricultural, and governmental uses, and reduce those needs
2392whenever possible.
2393     (h)  Promote energy education and the public dissemination
2394of information on energy and its environmental, economic, and
2395social impact.
2396     (i)  Encourage the research, development, demonstration,
2397and application of alternative energy resources, particularly
2398renewable energy resources.
2399     (j)  Consider, in its decisionmaking, the social, economic,
2400and environmental impacts of energy-related activities,
2401including the whole-life-cycle impacts of any potential energy
2402use choices, so that detrimental effects of these activities are
2403understood and minimized.
2404     (k)  Develop and maintain energy emergency preparedness
2405plans to minimize the effects of an energy shortage within
2406Florida.
2407     Section 41.  All of the powers, duties, functions, records,
2408personnel, and property; unexpended balances of appropriations,
2409allocations, and other funds; administrative authority;
2410administrative rules; pending issues; and existing contracts of
2411the Florida Energy Commission relating to the administration of
2412s. 377.901, Florida Statutes, are transferred by a type two
2413transfer, pursuant to s. 20.06(2), Florida Statutes, from the
2414Office of Legislative Services to the Florida Energy and Climate
2415Commission in the Executive Office of the Governor.
2416     Section 42.  Section 377.6015, Florida Statutes, is created
2417to read:
2418     377.6015  Florida Energy and Climate Commission.--
2419     (1)  The Florida Energy and Climate Commission is created
2420within the Executive Office of the Governor. The commission
2421shall be comprised of nine members appointed by the Governor,
2422the Commissioner of Agriculture, and the Chief Financial
2423Officer.
2424     (a)  The Governor shall appoint one member from three
2425persons nominated by the Florida Public Service Commission
2426Nominating Council, created in s. 350.031, to each of seven
2427seats on the commission. The Commissioner of Agriculture shall
2428appoint one member from three persons nominated by the council
2429to one seat on the commission. The Chief Financial Officer shall
2430appoint one member from three persons nominated by the council
2431to one seat on the commission.
2432     1.  The council shall submit the recommendations to the
2433Governor, the Commissioner of Agriculture, and the Chief
2434Financial Officer by September 1 of those years in which the
2435terms are to begin the following October or within 60 days after
2436a vacancy occurs for any reason other than the expiration of the
2437term. The Governor, the Commissioner of Agriculture, and the
2438Chief Financial Officer may proffer names of persons to be
2439considered for nomination by the council.
2440     2.  The Governor, the Commissioner of Agriculture, and the
2441Chief Financial Officer shall fill a vacancy occurring on the
2442commission by appointment of one of the applicants nominated by
2443the council only after a background investigation of such
2444applicant has been conducted by the Department of Law
2445Enforcement.
2446     3.  Members shall be appointed to 3-year terms; however, in
2447order to establish staggered terms, for the initial
2448appointments, the Governor shall appoint four members to 3-year
2449terms, two members to 2-year terms, and one member to a 1-year
2450term, and the Commissioner of Agriculture and the Chief
2451Financial Officer shall each appoint one member to a 3-year term
2452and shall appoint a successor when that appointee's term expires
2453in the same manner as the original appointment.
2454     4.  The Governor shall select from the membership of the
2455commission one person to serve as chair.
2456     5.  A vacancy on the commission shall be filled for the
2457unexpired portion of the term in the same manner as the original
2458appointment.
2459     6.  If the Governor, the Commissioner of Agriculture, or
2460the Chief Financial Officer has not made an appointment within
246130 consecutive calendar days after the receipt of the
2462recommendations, the council shall initiate, in accordance with
2463this section, the nominating process within 30 days.
2464     7.  Each appointment to the commission shall be subject to
2465confirmation by the Senate during the next regular session after
2466the vacancy occurs. If the Senate refuses to confirm or fails to
2467consider the appointment of the Governor, the Commissioner of
2468Agriculture, or the Chief Financial Officer, the council shall
2469initiate, in accordance with this section, the nominating
2470process within 30 days.
2471     8.  The Governor or the Governor's successor may recall an
2472appointee.
2473     (b)  Members must meet the following qualifications and
2474restrictions:
2475     1.  A member must be an expert in one or more of the
2476following fields: energy, natural resource conservation,
2477economics, engineering, finance, law, transportation and land
2478use, consumer protection, state energy policy, or another field
2479substantially related to the duties and functions of the
2480commission. The commission shall fairly represent the fields
2481specified in this subparagraph.
2482     2.  Each member shall, at the time of appointment and at
2483each commission meeting during his or her term of office,
2484disclose:
2485     a.  Whether he or she has any financial interest, other
2486than ownership of shares in a mutual fund, in any business
2487entity that, directly or indirectly, owns or controls, or is an
2488affiliate or subsidiary of, any business entity that may be
2489affected by the policy recommendations developed by the
2490commission.
2491     b.  Whether he or she is employed by or is engaged in any
2492business activity with any business entity that, directly or
2493indirectly, owns or controls, or is an affiliate or subsidiary
2494of, any business entity that may be affected by the policy
2495recommendations developed by the commission.
2496     (c)  The chair may designate the following ex officio,
2497nonvoting members to provide information and advice to the
2498commission at the request of the chair:
2499     1.  The chair of the Florida Public Service Commission, or
2500his or her designee.
2501     2.  The Public Counsel, or his or her designee.
2502     3.  A representative of the Department of Agriculture and
2503Consumer Services.
2504     4.  A representative of the Department of Financial
2505Services.
2506     5.  A representative of the Department of Environmental
2507Protection.
2508     6.  A representative of the Department of Community
2509Affairs.
2510     7.  A representative of the Board of Governors of the State
2511University System.
2512     8.  A representative of the Department of Transportation.
2513     (2)  Members shall serve without compensation but are
2514entitled to reimbursement for per diem and travel expenses as
2515provided in s. 112.061.
2516     (3)  Meetings of the commission may be held in various
2517locations around the state and at the call of the chair;
2518however, the commission must meet at least six times each year.
2519     (4)  The commission may:
2520     (a)  Employ staff and counsel as needed in the performance
2521of its duties.
2522     (b)  Prosecute and defend legal actions in its own name.
2523     (c)  Form advisory groups consisting of members of the
2524public to provide information on specific issues.
2525     (5)  The commission shall:
2526     (a)  Administer the Florida Renewable Energy and Energy
2527Efficient Technologies Grants Program pursuant to s. 377.804 to
2528assure a robust grant portfolio.
2529     (b)  Develop policy for requiring grantees to provide
2530royalty-sharing or licensing agreements with state government
2531for commercialized products developed under a state grant.
2532     (c)  Administer the Florida Green Government Grants Act
2533pursuant to s. 377.808 and set annual priorities for grants.
2534     (d)  Administer the information gathering and reporting
2535functions pursuant to ss. 377.601-377.608.
2536     (e)  Administer petroleum planning and emergency
2537contingency planning pursuant to ss. 377.703 and 377.704.
2538     (f)  Represent Florida in the Southern States Energy
2539Compact pursuant to ss. 377.71-377.712.
2540     (g)  Complete the annual assessment of the efficacy of
2541Florida's Energy and Climate Change Action Plan, upon completion
2542by the Governor's Action Team on Energy and Climate Change
2543pursuant to the Governor's Executive Order 2007-128, and
2544provide specific recommendations to the Governor and the
2545Legislature each year to improve results.
2546     (h)  Administer the provisions of the Florida Energy and
2547Climate Protection Act pursuant to ss. 377.801-377.806.
2548     (i)  Advocate for energy and climate change issues and
2549provide educational outreach and technical assistance in
2550cooperation with the state's academic institutions.
2551     (j)  Be a party in the proceedings to adopt goals and
2552submit comments to the Public Service Commission pursuant to s.
2553366.82.
2554     (k)  Adopt rules pursuant to chapter 120 in order to
2555implement all powers and duties described in this section.
2556     Section 43.  Section 377.602, Florida Statutes, is amended
2557to read:
2558     377.602  Definitions.--As used in ss. 377.601-377.608:
2559     (1)  "Commission" means the Florida Energy and Climate
2560Commission.
2561     (2)(1)  "Energy resources" includes, but shall not be
2562limited to:
2563     (a)  Energy converted from solar radiation, wind, hydraulic
2564potential, tidal movements, biomass, geothermal sources, and
2565other energy resources the commission determines to be important
2566to the production or supply of energy.
2567     (b)(a)  Propane, butane, motor gasoline, kerosene, home
2568heating oil, diesel fuel, other middle distillates, aviation
2569gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
2570residual fuels, crude oil, and other petroleum products and
2571hydrocarbons as may be determined by the commission department
2572to be of importance.
2573     (c)(b)  All natural gas, including casinghead gas, all
2574other hydrocarbons not defined as petroleum products in
2575paragraph (b) (a), and liquefied petroleum gas as defined in s.
2576527.01.
2577     (d)(c)  All types of coal and products derived from its
2578conversion and used as fuel.
2579     (e)(d)  All types of nuclear energy, special nuclear
2580material, and source material, as defined in former s. 290.07.
2581     (e)  Every other energy resource, whether natural or
2582manmade which the department determines to be important to the
2583production or supply of energy, including, but not limited to,
2584energy converted from solar radiation, wind, hydraulic
2585potential, tidal movements, and geothermal sources.
2586     (f)  All electrical energy.
2587     (2)  "Department" means the Department of Environmental
2588Protection.
2589     (3)  "Person" means producer, refiner, wholesaler,
2590marketer, consignee, jobber, distributor, storage operator,
2591importer, exporter, firm, corporation, broker, cooperative,
2592public utility as defined in s. 366.02, rural electrification
2593cooperative, municipality engaged in the business of providing
2594electricity or other energy resources to the public, pipeline
2595company, person transporting any energy resources as defined in
2596subsection (2) (1), and person holding energy reserves for
2597further production; however, "person" does not include persons
2598exclusively engaged in the retail sale of petroleum products.
2599     Section 44.  All of the powers, duties, functions, records,
2600personnel, and property; unexpended balances of appropriations,
2601allocations, and other funds; administrative authority;
2602administrative rules; pending issues; and existing contracts of
2603the state energy program in the Department of Environmental
2604Protection, as authorized and governed by ss. 20.255, 288.041,
2605377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
2606are transferred by a type two transfer, pursuant to s. 20.06(2),
2607Florida Statutes, to the Florida Energy and Climate Commission
2608in the Executive Office of the Governor.
2609     Section 45.  Section 377.603, Florida Statutes, is amended
2610to read:
2611     377.603  Energy data collection; powers and duties of the
2612commission Department of Environmental Protection.--
2613     (1)  The commission may department shall collect data on
2614the extraction, production, importation, exportation,
2615refinement, transportation, transmission, conversion, storage,
2616sale, or reserves of energy resources in this state in an
2617efficient and expeditious manner.
2618     (2)  The commission may department shall prepare periodic
2619reports of energy data it collects.
2620     (3)  The department shall prescribe and furnish forms for
2621the collection of information as required by ss. 377.601-377.608
2622and shall consult with other state entities to assure that such
2623data collected will meet their data requirements.
2624     (3)(4)  The commission department may adopt and promulgate
2625such rules and regulations as are necessary to carry out the
2626provisions of ss. 377.601-377.608. Such rules shall be pursuant
2627to chapter 120.
2628     (4)(5)  The commission department shall maintain internal
2629validation procedures to assure the accuracy of information
2630received.
2631     Section 46.  Section 377.604, Florida Statutes, is amended
2632to read:
2633     377.604  Required reports.--Every person who produces,
2634imports, exports, refines, transports, transmits, converts,
2635stores, sells, or holds known reserves of any form of energy
2636resources used as fuel shall report to the commission, at the
2637request of department at a frequency set, and in a manner
2638prescribed, by the commission department, on forms provided by
2639the commission department and prepared with the advice of
2640representatives of the energy industry. Such forms shall be
2641designed in such a manner as to indicate:
2642     (1)  The identity of the person or persons making the
2643report.
2644     (2)  The quantity of energy resources extracted, produced,
2645imported, exported, refined, transported, transmitted,
2646converted, stored, or sold except at retail.
2647     (3)  The quantity of energy resources known to be held in
2648reserve in the state.
2649     (4)  The identity of each refinery from which petroleum
2650products have normally been obtained and the type and quantity
2651of products secured from that refinery for sale or resale in
2652this state.
2653     (5)  Any other information which the commission department
2654deems proper pursuant to the intent of ss. 377.601-377.608.
2655     Section 47.  Section 377.605, Florida Statutes, is amended
2656to read:
2657     377.605  Use of existing information.--The commission may
2658department shall utilize to the fullest extent possible any
2659existing energy information already prepared for state or
2660federal agencies. Every state, county, and municipal agency
2661shall cooperate with the commission department and shall submit
2662any information on energy to the commission department upon
2663request.
2664     Section 48.  Section 377.606, Florida Statutes, is amended
2665to read:
2666     377.606  Records of the commission department; limits of
2667confidentiality.--The information or records of individual
2668persons, as defined in this section herein, obtained by the
2669commission department as a result of a report, investigation, or
2670verification required by the commission department, shall be
2671open to the public, except such information the disclosure of
2672which would be likely to cause substantial harm to the
2673competitive position of the person providing such information
2674and which is requested to be held confidential by the person
2675providing such information. Such proprietary information is
2676confidential and exempt from the provisions of s. 119.07(1).
2677Information reported by entities other than the commission
2678department in documents or reports open to public inspection
2679shall under no circumstances be classified as confidential by
2680the commission department. Divulgence of proprietary information
2681as is requested to be held confidential, except upon order of a
2682court of competent jurisdiction or except to an officer of the
2683state entitled to receive the same in his or her official
2684capacity, shall be a misdemeanor of the second degree,
2685punishable as provided in ss. 775.082 and 775.083. Nothing in
2686this section herein shall be construed to prohibit the
2687publication or divulgence by other means of data so classified
2688as to prevent identification of particular accounts or reports
2689made to the commission department in compliance with s. 377.603
2690or to prohibit the disclosure of such information to properly
2691qualified legislative committees. The commission department
2692shall establish a system which permits reasonable access to
2693information developed.
2694     Section 49.  Section 377.608, Florida Statutes, is amended
2695to read:
2696     377.608  Prosecution of cases by state attorney.--The state
2697attorney shall prosecute all cases certified to him or her for
2698prosecution by the commission department immediately upon
2699receipt of the evidence transmitted by the commission
2700department, or as soon thereafter as practicable.
2701     Section 50.  Section 377.703, Florida Statutes, is amended
2702to read:
2703     377.703  Additional functions of the Florida Energy and
2704Climate Commission Department of Environmental Protection;
2705energy emergency contingency plan; federal and state
2706conservation programs.--
2707     (1)  LEGISLATIVE INTENT.--Recognizing that energy supply
2708and demand questions have become a major area of concern to the
2709state which must be dealt with by effective and well-coordinated
2710state action, it is the intent of the Legislature to promote the
2711efficient, effective, and economical management of energy
2712problems, centralize energy coordination responsibilities,
2713pinpoint responsibility for conducting energy programs, and
2714ensure the accountability of state agencies for the
2715implementation of s. 377.601(2)(4), the state energy policy. It
2716is the specific intent of the Legislature that nothing in this
2717act shall in any way change the powers, duties, and
2718responsibilities assigned by the Florida Electrical Power Plant
2719Siting Act, part II of chapter 403, or the powers, duties, and
2720responsibilities of the Florida Public Service Commission.
2721     (2)  DEFINITIONS.--
2722     (a)  "Coordinate," "coordination," or "coordinating" means
2723the examination and evaluation of state plans and programs and
2724the providing of recommendations to the Cabinet, Legislature,
2725and appropriate state agency on any measures deemed necessary to
2726ensure that such plans and programs are consistent with state
2727energy policy.
2728     (b)  "Energy conservation" means increased efficiency in
2729the utilization of energy.
2730     (c)  "Energy emergency" means an actual or impending
2731shortage or curtailment of usable, necessary energy resources,
2732such that the maintenance of necessary services, the protection
2733of public health, safety, and welfare, or the maintenance of
2734basic sound economy is imperiled in any geographical section of
2735the state or throughout the entire state.
2736     (d)  "Energy source" means electricity, fossil fuels, solar
2737power, wind power, hydroelectric power, nuclear power, or any
2738other resource which has the capacity to do work.
2739     (e)  "Facilities" means any building or structure not
2740otherwise exempted by the provisions of this act.
2741     (f)  "Fuel" means petroleum, crude oil, petroleum product,
2742coal, natural gas, or any other substance used primarily for its
2743energy content.
2744     (g)  "Local government" means any county, municipality,
2745regional planning agency, or other special district or local
2746governmental entity the policies or programs of which may affect
2747the supply or demand, or both, for energy in the state.
2748     (h)  "Promotion" or "promote" means to encourage, aid,
2749assist, provide technical and financial assistance, or otherwise
2750seek to plan, develop, and expand.
2751     (i)  "Regional planning agency" means those agencies
2752designated as regional planning agencies by the Department of
2753Community Affairs.
2754     (j)  "Renewable energy resource" means any method, process,
2755or substance the use of which does not diminish its availability
2756or abundance, including, but not limited to, biomass conversion,
2757geothermal energy, solar energy, wind energy, wood fuels derived
2758from waste, ocean thermal gradient power, hydroelectric power,
2759and fuels derived from agricultural products.
2760     (2)(3)  FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
2761ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
2762Environmental Protection shall, in addition to assuming the
2763duties and responsibilities provided by ss. 20.255 and 377.701,
2764perform the following functions consistent with the development
2765of a state energy policy:
2766     (a)  The commission department shall assume the
2767responsibility for development of an energy emergency
2768contingency plan to respond to serious shortages of primary and
2769secondary energy sources. Upon a finding by the Governor,
2770implementation of any emergency program shall be upon order of
2771the Governor that a particular kind or type of fuel is, or that
2772the occurrence of an event which is reasonably expected within
277330 days will make the fuel, in short supply. The commission
2774department shall then respond by instituting the appropriate
2775measures of the contingency plan to meet the given emergency or
2776energy shortage. The Governor may utilize the provisions of s.
2777252.36(5) to carry out any emergency actions required by a
2778serious shortage of energy sources.
2779     (b)  The commission department shall be constitute the
2780responsible state agency for performing or coordinating the
2781functions of any federal energy programs delegated to the state,
2782including energy supply, demand, conservation, or allocation.
2783     (c)  The commission department shall analyze present and
2784proposed federal energy programs and make recommendations
2785regarding those programs to the Governor and the Legislature.
2786     (d)  The commission department shall coordinate efforts to
2787seek federal support or other support for state energy
2788activities, including energy conservation, research, or
2789development, and shall be the state agency responsible for the
2790coordination of multiagency energy conservation programs and
2791plans.
2792     (e)  The commission department shall analyze energy data
2793collected and prepare long-range forecasts of energy supply and
2794demand in coordination with the Florida Public Service
2795Commission, which shall have responsibility for electricity and
2796natural gas forecasts. To this end, the forecasts shall contain:
2797     1.  An analysis of the relationship of state economic
2798growth and development to energy supply and demand, including
2799the constraints to economic growth resulting from energy supply
2800constraints.
2801     2.  Plans for the development of renewable energy resources
2802and reduction in dependence on depletable energy resources,
2803particularly oil and natural gas, and an analysis of the extent
2804to which renewable energy sources are being utilized in the
2805state.
2806     3.  Consideration of alternative scenarios of statewide
2807energy supply and demand for 5, 10, and 20 years, to identify
2808strategies for long-range action, including identification of
2809potential social, economic, and environmental effects.
2810     4.  An assessment of the state's energy resources,
2811including examination of the availability of commercially
2812developable and imported fuels, and an analysis of anticipated
2813effects on the state's environment and social services resulting
2814from energy resource development activities or from energy
2815supply constraints, or both.
2816     (f)  The commission department shall submit an annual
2817report to make a report, as requested by the Governor and or the
2818Legislature, reflecting its activities and making
2819recommendations of policies for improvement of the state's
2820response to energy supply and demand and its effect on the
2821health, safety, and welfare of the people of Florida. The report
2822shall include a report from the Florida Public Service
2823Commission on electricity and natural gas and information on
2824energy conservation programs conducted and underway under way in
2825the past year and shall include recommendations for energy
2826conservation programs for the state, including, but not limited
2827to, the following factors:
2828     1.  Formulation of specific recommendations for improvement
2829in the efficiency of energy utilization in governmental,
2830residential, commercial, industrial, and transportation sectors.
2831     2.  Collection and dissemination of information relating to
2832energy conservation.
2833     3.  Development and conduct of educational and training
2834programs relating to energy conservation.
2835     4.  An analysis of the ways in which state agencies are
2836seeking to implement s. 377.601(2)(4), the state energy policy,
2837and recommendations for better fulfilling this policy.
2838     (g)  The commission department has authority to adopt rules
2839pursuant to ss. 120.536(1) and 120.54 to implement the
2840provisions of this act.
2841     (h)  The commission shall promote the development and use
2842of renewable energy resources, in conformance with the
2843provisions of chapter 187 and s. 377.601, by:
2844     1.  Establishing goals and strategies for increasing the
2845use of solar energy in this state.
2846     2.  Aiding and promoting the commercialization of solar
2847energy technology, in cooperation with the Florida Solar Energy
2848Center, Enterprise Florida, Inc., and any other federal, state,
2849or local governmental agency which may seek to promote research,
2850development, and demonstration of solar energy equipment and
2851technology.
2852     3.  Identifying barriers to greater use of solar energy
2853systems in this state, and developing specific recommendations
2854for overcoming identified barriers, with findings and
2855recommendations to be submitted annually in the report to the
2856Governor and Legislature required under paragraph (f).
2857     4.  In cooperation with the Department of Environmental
2858Protection, the Department of Transportation, the Department of
2859Community Affairs, Enterprise Florida, Inc., the Florida Solar
2860Energy Center, and the Florida Solar Energy Industries
2861Association, investigating opportunities, pursuant to the
2862National Energy Policy Act of 1992, and the Housing and
2863Community Development Act of 1992, and any subsequent federal
2864legislation, for solar electric vehicles and other solar energy
2865manufacturing, distribution, installation, and financing efforts
2866which will enhance this state's position as the leader in solar
2867energy research, development, and use.
2868     5.  Undertaking other initiatives to advance the
2869development and use of renewable energy resources in this state.
2870
2871In the exercise of its responsibilities under this paragraph,
2872the commission department shall seek the assistance of the solar
2873energy industry in this state and other interested parties and
2874is authorized to enter into contracts, retain professional
2875consulting services, and expend funds appropriated by the
2876Legislature for such purposes.
2877     (i)  The commission department shall promote energy
2878conservation in all energy use sectors throughout the state and
2879shall constitute the state agency primarily responsible for this
2880function. To this end, the commission department shall
2881coordinate the energy conservation programs of all state
2882agencies and review and comment on the energy conservation
2883programs of all state agencies.
2884     (j)  The commission department shall serve as the state
2885clearinghouse for indexing and gathering all information related
2886to energy programs in state universities, in private
2887universities, in federal, state, and local government agencies,
2888and in private industry and shall prepare and distribute such
2889information in any manner necessary to inform and advise the
2890citizens of the state of such programs and activities. This
2891shall include developing and maintaining a current index and
2892profile of all research activities, which shall be identified by
2893energy area and may include a summary of the project, the amount
2894and sources of funding, anticipated completion dates, or, in
2895case of completed research, conclusions, recommendations, and
2896applicability to state government and private sector functions.
2897The commission department shall coordinate, promote, and respond
2898to efforts by all sectors of the economy to seek financial
2899support for energy activities. The commission department shall
2900provide information to consumers regarding the anticipated
2901energy-use and energy-saving characteristics of products and
2902services in coordination with any federal, state, or local
2903governmental agencies as may provide such information to
2904consumers.
2905     (k)  The commission department shall coordinate energy-
2906related programs of state government, including, but not limited
2907to, the programs provided in this section. To this end, the
2908commission department shall:
2909     1.  Provide assistance to other state agencies, counties,
2910municipalities, and regional planning agencies to further and
2911promote their energy planning activities.
2912     2.  Require, in cooperation with the Department of
2913Management Services, all state agencies to operate state-owned
2914and state-leased buildings in accordance with energy
2915conservation standards as adopted by the Department of
2916Management Services. Every 3 months, the Department of
2917Management Services shall furnish the commission department data
2918on agencies' energy consumption and emissions of greenhouse
2919gases in a format prescribed by the commission mutually agreed
2920upon by the two departments.
2921     3.  Promote the development and use of renewable energy
2922resources, energy efficiency technologies, and conservation
2923measures.
2924     4.  Promote the recovery of energy from wastes, including,
2925but not limited to, the use of waste heat, the use of
2926agricultural products as a source of energy, and recycling of
2927manufactured products. Such promotion shall be conducted in
2928conjunction with, and after consultation with, the Department of
2929Environmental Protection and, the Florida Public Service
2930Commission where electrical generation or natural gas is
2931involved, and any other relevant federal, state, or local
2932governmental agency having responsibility for resource recovery
2933programs.
2934     (l)  The commission department shall develop, coordinate,
2935and promote a comprehensive research plan for state programs.
2936Such plan shall be consistent with state energy policy and shall
2937be updated on a biennial basis.
2938     (m)  In recognition of the devastation to the economy of
2939this state and the dangers to the health and welfare of
2940residents of this state caused by severe hurricanes Hurricane
2941Andrew, and the potential for such impacts caused by other
2942natural disasters, the commission department shall include in
2943its energy emergency contingency plan and provide to the Florida
2944Building Commission Department of Community Affairs for
2945inclusion in the Florida Energy Efficiency Code for Building
2946Construction state model energy efficiency building code
2947specific provisions to facilitate the use of cost-effective
2948solar energy technologies as emergency remedial and preventive
2949measures for providing electric power, street lighting, and
2950water heating service in the event of electric power outages.
2951     (3)(4)  The commission department shall be responsible for
2952the administration of the Coastal Energy Impact Program provided
2953for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
2954     Section 51.  Paragraph (a) of subsection (2) of section
2955377.705, Florida Statutes, is amended to read:
2956     377.705  Solar Energy Center; development of solar energy
2957standards.--
2958     (2)  LEGISLATIVE FINDINGS AND INTENT.--
2959     (a)  The Legislature recognizes that if present trends
2960continue, Florida will increase present energy consumption
2961sixfold by the year 2000. Because of this dramatic increase and
2962because existing domestic conventional energy resources will not
2963provide sufficient energy to meet the nation's future needs, new
2964sources of energy must be developed and applied. One such
2965source, solar energy, has been in limited use in Florida for 30
2966years. Applications of incident solar energy, the use of solar
2967radiation to provide energy for water heating, space heating,
2968space cooling, and other uses, through suitable absorbing
2969equipment on or near a residence or commercial structure, must
2970be extensively expanded. Unfortunately, the initial costs with
2971regard to the production of solar energy have been prohibitively
2972expensive. However, Because of increases in the cost of
2973conventional fuel, certain applications of solar energy are
2974becoming competitive, particularly when life-cycle costs are
2975considered. It is the intent of the Legislature in formulating a
2976sound and balanced energy policy for the state to encourage the
2977development of an alternative energy capability in the form of
2978incident solar energy.
2979     Section 52.  Section 377.801, Florida Statutes, is amended
2980to read:
2981     377.801  Short title.--Sections 377.801-377.806 may be
2982cited as the "Florida Energy and Climate Protection Renewable
2983Energy Technologies and Energy Efficiency Act."
2984     Section 53.  Section 377.802, Florida Statutes, is amended
2985to read:
2986     377.802  Purpose.--This act is intended to provide
2987incentives for Florida's citizens, businesses, school districts,
2988and local governments to take action to diversify the state's
2989energy supplies, reduce dependence on foreign oil, and mitigate
2990the effects of climate change by providing funding for
2991activities designed to achieve these goals. The grant programs
2992in this act are intended matching grants to stimulate capital
2993investment in the state and to enhance the market for and
2994promote the statewide utilization of renewable energy
2995technologies and technologies intended to diversify Florida's
2996energy supplies, reduce dependence on foreign oil, and combat or
2997limit climate change impacts. The targeted grants program is
2998designed to advance the already growing establishment of
2999renewable energy technologies in the state and encourage the use
3000of other incentives such as tax exemptions and regulatory
3001certainty to attract additional renewable energy technology
3002producers, developers, and users to the state. This act is also
3003intended to provide incentives for the purchase of energy-
3004efficient appliances and rebates for solar energy equipment
3005installations for residential and commercial buildings.
3006     Section 54.  Section 377.803, Florida Statutes, is amended
3007to read:
3008     377.803  Definitions.--As used in ss. 377.801-377.806, the
3009term:
3010     (1)  "Act" means the Florida Energy and Climate Protection
3011Renewable Energy Technologies and Energy Efficiency Act.
3012     (2)  "Approved metering equipment" means a device capable
3013of measuring the energy output of a solar thermal system that
3014has been approved by the commission.
3015     (2)(3)  "Commission" means the Florida Energy and Climate
3016Public Service Commission.
3017     (4)  "Department" means the Department of Environmental
3018Protection.
3019     (3)(5)  "Person" means an individual, partnership, joint
3020venture, private or public corporation, association, firm,
3021public service company, or any other public or private entity.
3022     (4)(6)  "Renewable energy" means electrical, mechanical, or
3023thermal energy produced from a method that uses one or more of
3024the following fuels or energy sources: hydrogen, biomass, as
3025defined in s. 366.91, solar energy, geothermal energy, wind
3026energy, ocean energy, waste heat, or hydroelectric power.
3027     (5)(7)  "Renewable energy technology" means any technology
3028that generates or utilizes a renewable energy resource.
3029     (6)(8)  "Solar energy system" means equipment that provides
3030for the collection and use of incident solar energy for water
3031heating, space heating or cooling, or other applications that
3032would normally require a conventional source of energy such as
3033petroleum products, natural gas, or electricity that performs
3034primarily with solar energy. In other systems in which solar
3035energy is used in a supplemental way, only those components that
3036collect and transfer solar energy shall be included in this
3037definition.
3038     (7)(9)  "Solar photovoltaic system" means a device that
3039converts incident sunlight into electrical current.
3040     (8)(10)  "Solar thermal system" means a device that traps
3041heat from incident sunlight in order to heat water.
3042     Section 55.  Section 377.804, Florida Statutes, as amended
3043by section 52 of chapter 2007-73, Laws of Florida, is amended to
3044read:
3045     377.804  Renewable Energy and Energy-Efficient Technologies
3046Grants Program.--
3047     (1)  The Renewable Energy and Energy-Efficient Technologies
3048Grants Program is established within the commission department
3049to provide renewable energy matching grants for demonstration,
3050commercialization, research, and development projects relating
3051to renewable energy technologies and innovative technologies
3052that significantly increase energy efficiency for vehicles and
3053commercial buildings.
3054     (2)  Matching grants for renewable energy technology
3055demonstration, commercialization, research, and development
3056projects described in subsection (1) may be made to any of the
3057following:
3058     (a)  Municipalities and county governments.
3059     (b)  Established for-profit companies licensed to do
3060business in the state.
3061     (c)  Universities and colleges in the state.
3062     (d)  Utilities located and operating within the state.
3063     (e)  Not-for-profit organizations.
3064     (f)  Other qualified persons, as determined by the
3065commission department.
3066     (3)  The commission department may adopt rules pursuant to
3067ss. 120.536(1) and 120.54 to provide for application
3068requirements, provide for ranking of applications, and
3069administer the awarding of grants under this program.
3070     (4)  Factors the commission department shall consider in
3071awarding grants include, but are not limited to:
3072     (a)  The availability of matching funds or other in-kind
3073contributions applied to the total project from an applicant.
3074The commission department shall give greater preference to
3075projects that provide such matching funds or other in-kind
3076contributions.
3077     (b)  The degree to which the project stimulates in-state
3078capital investment and economic development in metropolitan and
3079rural areas, including the creation of jobs and the future
3080development of a commercial market for renewable energy
3081technologies.
3082     (c)  The extent to which the proposed project has been
3083demonstrated to be technically feasible based on pilot project
3084demonstrations, laboratory testing, scientific modeling, or
3085engineering or chemical theory that supports the proposal.
3086     (d)  The degree to which the project incorporates an
3087innovative new technology or an innovative application of an
3088existing technology.
3089     (e)  The degree to which a project generates thermal,
3090mechanical, or electrical energy by means of a renewable energy
3091resource that has substantial long-term production potential.
3092     (f)  The degree to which a project demonstrates efficient
3093use of energy and material resources.
3094     (g)  The degree to which the project fosters overall
3095understanding and appreciation of renewable energy technologies.
3096     (h)  The ability to administer a complete project.
3097     (i)  Project duration and timeline for expenditures.
3098     (j)  The geographic area in which the project is to be
3099conducted in relation to other projects.
3100     (k)  The degree of public visibility and interaction.
3101     (5)  The commission department shall solicit the expertise
3102of other state agencies, Enterprise Florida, Inc., and state
3103universities, and may solicit the expertise of other public and
3104private entities it deems appropriate, in evaluating project
3105proposals. State agencies shall cooperate with the commission
3106Department of Environmental Protection and provide such
3107assistance as requested.
3108     (6)  The commission department shall coordinate and
3109actively consult with the Department of Agriculture and Consumer
3110Services during the review and approval process of grants
3111relating to bioenergy projects for renewable energy technology,
3112and the departments shall jointly determine the grant awards to
3113these bioenergy projects. No grant funding shall be awarded to
3114any bioenergy project without such joint approval. Factors for
3115consideration in awarding grants may include, but are not
3116limited to, the degree to which:
3117     (a)  The project stimulates in-state capital investment and
3118economic development in metropolitan and rural areas, including
3119the creation of jobs and the future development of a commercial
3120market for bioenergy.
3121     (b)  The project produces bioenergy from Florida-grown
3122crops or biomass.
3123     (c)  The project demonstrates efficient use of energy and
3124material resources.
3125     (d)  The project fosters overall understanding and
3126appreciation of bioenergy technologies.
3127     (e)  Matching funds and in-kind contributions from an
3128applicant are available.
3129     (f)  The project duration and the timeline for expenditures
3130are acceptable.
3131     (g)  The project has a reasonable assurance of enhancing
3132the value of agricultural products or will expand agribusiness
3133in the state.
3134     (h)  Preliminary market and feasibility research has been
3135conducted by the applicant or others and shows there is a
3136reasonable assurance of a potential market.
3137     (7)  Each grant application shall be accompanied by an
3138affidavit from the applicant attesting to the accuracy of the
3139statements contained in the application.
3140     Section 56.  Section 377.806, Florida Statutes, is amended
3141to read:
3142     377.806  Solar Energy System Incentives Program.--
3143     (1)  PURPOSE.--The Solar Energy System Incentives Program
3144is established within the commission department to provide
3145financial incentives for the purchase and installation of solar
3146energy systems. Any resident of the state who purchases and
3147installs a new solar energy system of 2 kilowatts or larger for
3148a solar photovoltaic system, a solar energy system that provides
3149at least 50 percent of a building's hot water consumption for a
3150solar thermal system, or a solar thermal pool heater, from July
31511, 2006, through June 30, 2010, is eligible for a rebate on a
3152portion of the purchase price of that solar energy system.
3153     (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
3154     (a)  Eligibility requirements.--A solar photovoltaic system
3155qualifies for a rebate if:
3156     1.  The system is installed by a state-licensed master
3157electrician, electrical contractor, or solar contractor.
3158     2.  The system complies with state interconnection
3159standards as provided by the Florida Public Service Commission.
3160     3.  The system complies with all applicable building codes
3161as defined by the Florida Building Code local jurisdictional
3162authority.
3163     (b)  Rebate amounts.--The rebate amount shall be set at $4
3164per watt based on the total wattage rating of the system. The
3165maximum allowable rebate per solar photovoltaic system
3166installation shall be as follows:
3167     1.  Twenty thousand dollars for a residence.
3168     2.  One hundred thousand dollars for a place of business, a
3169publicly owned or operated facility, or a facility owned or
3170operated by a private, not-for-profit organization, including
3171condominiums or apartment buildings.
3172     (3)  SOLAR THERMAL SYSTEM INCENTIVE.--
3173     (a)  Eligibility requirements.--A solar thermal system
3174qualifies for a rebate if:
3175     1.  The system is installed by a state-licensed solar or
3176plumbing contractor.
3177     2.  The system complies with all applicable building codes
3178as defined by the Florida Building Code local jurisdictional
3179authority.
3180     (b)  Rebate amounts.--Authorized rebates for installation
3181of solar thermal systems shall be as follows:
3182     1.  Five hundred dollars for a residence.
3183     2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3184for a place of business, a publicly owned or operated facility,
3185or a facility owned or operated by a private, not-for-profit
3186organization, including condominiums or apartment buildings. Btu
3187must be verified by approved metering equipment.
3188     (4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
3189     (a)  Eligibility requirements.--A solar thermal pool heater
3190qualifies for a rebate if the system is installed by a state-
3191licensed solar or plumbing contractor and the system complies
3192with all applicable building codes as defined by the Florida
3193Building Code local jurisdictional authority.
3194     (b)  Rebate amount.--Authorized rebates for installation of
3195solar thermal pool heaters shall be $100 per installation.
3196     (5)  APPLICATION.--Application for a rebate must be made
3197within 120 90 days after the purchase of the solar energy
3198equipment.
3199     (6)  REBATE AVAILABILITY.--The commission department shall
3200determine and publish on a regular basis the amount of rebate
3201funds remaining in each fiscal year. The total dollar amount of
3202all rebates issued by the department is subject to the total
3203amount of appropriations in any fiscal year for this program. If
3204funds are insufficient during the current fiscal year, any
3205requests for rebates received during that fiscal year may be
3206processed during the following fiscal year. Requests for rebates
3207received in a fiscal year that are processed during the
3208following fiscal year shall be given priority over requests for
3209rebates received during the following fiscal year.
3210     (7)  RULES.--The commission department shall adopt rules
3211pursuant to ss. 120.536(1) and 120.54 to develop rebate
3212applications and administer the issuance of rebates.
3213     Section 57.  Section 377.808, Florida Statutes, is created
3214to read:
3215     377.808  Florida Green Government Grants Act.--
3216     (1)  This section may be cited as the "Florida Green
3217Government Grants Act."
3218     (2)  The Florida Energy and Climate Commission shall use
3219funds specifically appropriated to award grants under this
3220section to assist local governments, including municipalities,
3221counties, and school districts, in the development and
3222implementation of programs that achieve green standards. Green
3223standards shall be determined by the commission and shall
3224provide for cost-efficient solutions, reducing greenhouse gas
3225emissions, improving quality of life, and strengthening the
3226state's economy.
3227     (3)  The commission shall adopt rules pursuant to chapter
3228120 to administer the grants provided for in this section. In
3229accordance with the rules adopted by the commission under this
3230section, the commission may provide grants from funds
3231specifically appropriated for this purpose to local governments
3232for the costs of achieving green standards, including necessary
3233administrative expenses. The rules of the commission shall:
3234     (a)  Designate one or more suitable green government
3235standards frameworks from which local governments may develop a
3236greening government initiative and from which projects may be
3237eligible for funding pursuant to this section.
3238     (b)  Require that projects that plan, design, construct,
3239upgrade, or replace facilities reduce greenhouse gas emissions
3240and be cost-effective, environmentally sound, permittable, and
3241implementable.
3242     (c)  Require local governments to match state funds with
3243direct project cost sharing or in-kind services.
3244     (d)  Provide for a scale of matching requirements for local
3245governments on the basis of population in order to assist rural
3246and undeveloped areas of the state with any financial burden of
3247addressing climate change impacts.
3248     (e)  Require grant applications to be submitted on
3249appropriate forms developed and adopted by the commission with
3250appropriate supporting documentation and require records to be
3251maintained.
3252     (f)  Establish a system to determine the relative priority
3253of grant applications. The system shall consider greenhouse gas
3254reductions, energy savings and efficiencies, and proven
3255technologies.
3256     (g)  Establish requirements for competitive procurement of
3257engineering and construction services, materials, and equipment.
3258     (h)  Provide for termination of grants when program
3259requirements are not met.
3260     (4)  Each local government is limited to not more than two
3261grant applications during each application period announced by
3262the commission. However, a local government may not have more
3263than three active projects expending grant funds during any
3264state fiscal year.
3265     (5)  The commission shall perform an adequate overview of
3266each grant, which may include technical review, site
3267inspections, disbursement approvals, and auditing to
3268successfully implement this section.
3269     Section 58.  Paragraph (c) of subsection (3) of section
3270380.23, Florida Statutes, is amended to read:
3271     380.23  Federal consistency.--
3272     (3)  Consistency review shall be limited to review of the
3273following activities, uses, and projects to ensure that such
3274activities, uses, and projects are conducted in accordance with
3275the state's coastal management program:
3276     (c)  Federally licensed or permitted activities affecting
3277land or water uses when such activities are in or seaward of the
3278jurisdiction of local governments required to develop a coastal
3279zone protection element as provided in s. 380.24 and when such
3280activities involve:
3281     1.  Permits and licenses required under the Rivers and
3282Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3283     2.  Permits and licenses required under the Marine
3284Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
32851401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3286     3.  Permits and licenses required under the Federal Water
3287Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3288amended, unless such permitting activities have been delegated
3289to the state pursuant to said act.
3290     4.  Permits and licenses relating to the transportation of
3291hazardous substance materials or transportation and dumping
3292which are issued pursuant to the Hazardous Materials
3293Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
329433 U.S.C. s. 1321, as amended.
3295     5.  Permits and licenses required under 15 U.S.C. ss. 717-
3296717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
32971331-1356 for construction and operation of interstate gas
3298pipelines and storage facilities.
3299     6.  Permits and licenses required for the siting and
3300construction of any new electrical power plants as defined in s.
3301403.503(14)(13), as amended, and the licensing and relicensing
3302of hydroelectric power plants under the Federal Power Act, 16
3303U.S.C. ss. 791a et seq., as amended.
3304     7.  Permits and licenses required under the Mining Law of
33051872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3306Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3307Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3308amended; the Federal Land Policy and Management Act, 43 U.S.C.
3309ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3310U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3311U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3312pipelines, geological and geophysical activities, or rights-of-
3313way on public lands and permits and licenses required under the
3314Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3315amended.
3316     8.  Permits and licenses for areas leased under the OCS
3317Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3318leases and approvals of exploration, development, and production
3319plans.
3320     9.  Permits and licenses required under the Deepwater Port
3321Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3322     10.  Permits required for the taking of marine mammals
3323under the Marine Mammal Protection Act of 1972, as amended, 16
3324U.S.C. s. 1374.
3325     Section 59.  Subsection (20) of section 403.031, Florida
3326Statutes, is amended to read:
3327     403.031  Definitions.--In construing this chapter, or rules
3328and regulations adopted pursuant hereto, the following words,
3329phrases, or terms, unless the context otherwise indicates, have
3330the following meanings:
3331     (20)  "Electrical power plant" means, for purposes of this
3332part of this chapter, any electrical generating facility that
3333uses any process or fuel and that is owned or operated by an
3334electric utility, as defined in s. 403.503(14)(13), and includes
3335any associated facility that directly supports the operation of
3336the electrical power plant.
3337     Section 60.  Section 403.44, Florida Statutes, is created
3338to read:
3339     403.44  Florida Climate Protection Act.--
3340     (1)  The Legislature finds it is in the best interest of
3341the state to document, to the greatest extent practicable,
3342greenhouse gas emissions and to pursue a market-based emissions
3343abatement program, such as cap and trade, to address greenhouse
3344gas emissions reductions.
3345     (2)  As used in this section, the term:
3346     (a)  "Allowance" means a credit issued by the department
3347through allotments or auction which represents an authorization
3348to emit specific amounts of greenhouse gases, as further defined
3349in department rule.
3350     (b)  "Cap and trade" or "emissions trading" means an
3351administrative approach used to control pollution by providing a
3352limit on total allowable emissions, providing for allowances to
3353emit pollutants, and providing for the transfer of the
3354allowances among pollutant sources as a means of compliance with
3355emission limits.
3356     (c)  "Greenhouse gas" or "GHG" means carbon dioxide,
3357methane, nitrous oxide, and fluorinated gases such as
3358hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3359     (d)  "Leakage" means the offset of emission abatement that
3360is achieved in one location subject to emission control
3361regulation by increased emissions in unregulated locations.
3362     (e)  "Major emitter" means an electric utility regulated
3363under this chapter.
3364     (3)  A major emitter shall be required to use The Climate
3365Registry for purposes of emission registration and reporting.
3366     (4)  The department shall establish the methodologies,
3367reporting periods, and reporting systems that shall be used when
3368major emitters report to The Climate Registry. The department
3369may require the use of quality-assured data from continuous
3370emissions monitoring systems.
3371     (5)  The department may adopt rules for a cap-and-trade
3372regulatory program to reduce greenhouse gas emissions from major
3373emitters. When developing the rules, the department shall
3374consult with the Florida Energy and Climate Commission and the
3375Florida Public Service Commission and may consult with the
3376Governor's Action Team for Energy and Climate Change. The
3377department shall not adopt rules until after January 1, 2010.
3378The rules shall not become effective until ratified by the
3379Legislature.
3380     (6)  The rules of the cap-and-trade regulatory program
3381shall include, but are not limited to:
3382     (a)  A statewide limit or cap on the amount of greenhouse
3383gases emitted by major emitters.
3384     (b)  Methods, requirements, and conditions for allocating
3385the cap among major emitters.
3386     (c)  Methods, requirements, and conditions for emissions
3387allowances and the process for issuing emissions allowances.
3388     (d)  The relationship between allowances and the specific
3389amounts of greenhouse gas emissions they represent.
3390     (e)  The length of allowance periods and the time over
3391which entities must account for emissions and surrender
3392allowances equal to emissions.
3393     (f)  The timeline of allowances from the initiation of the
3394program through to 2050.
3395     (g)  A process for the trade of allowances between major
3396emitters, including a registry, tracking, or accounting system
3397for such trades.
3398     (h)  Cost containment mechanisms to reduce price and cost
3399risks associated with the electric generation market in this
3400state. Cost containment mechanisms to be considered for
3401inclusion in the rules include, but are not limited to:
3402     1.  Allowing major emitters to borrow allowances from
3403future time periods to meet their greenhouse gas emission
3404limits.
3405     2.  Allowing major emitters to bank greenhouse gas emission
3406reductions in the current year to be used to meet emission
3407limits in future years.
3408     3.  Allowing major emitters to purchase emissions offsets
3409from other entities that produce verifiable reductions in
3410unregulated greenhouse gas emissions or that produce verifiable
3411reductions in greenhouse gas emissions through voluntary
3412practices that capture and store greenhouse gases that otherwise
3413would be released into the atmosphere. In considering this cost
3414containment mechanism, the department shall identify sectors and
3415activities outside of the capped sectors, including other state,
3416federal, or international activities, and the conditions under
3417which reductions there can be credited against emissions of
3418capped entities in place of allowances issued by the department.
3419The department shall also consider potential methods and their
3420effectiveness to avoid double-incentivizing such activities.
3421     4.  Providing a safety valve mechanism to ensure that the
3422market prices for allowances or offsets do not surpass a
3423predetermined level compatible with the affordability of
3424electric utility rates and the well-being of the state's
3425economy. In considering this cost containment mechanism, the
3426department shall evaluate different price levels for the safety
3427valve and methods to change the price level over time to reflect
3428changing state, federal, and international markets, regulatory
3429environments, and technological advancements.
3430
3431In considering cost containment mechanisms for inclusion in the
3432rules, the department shall evaluate the anticipated overall
3433effect of each mechanism on the abatement of greenhouse gas
3434emissions and on electricity ratepayers and the benefits and
3435costs of each to the state's economy, and shall also consider
3436the interrelationships between the mechanisms under
3437consideration.
3438     (i)  A process to allow the department to exercise its
3439authority to discourage leakage of GHG emissions to neighboring
3440states attributable to the implementation of this program.
3441     (j)  Provisions for a trial period on the trading of
3442allowances before full implementation of a trading system.
3443     (7)  In recommending and evaluating proposed features of
3444the cap-and-trade system, the following factors shall be
3445considered:
3446     (a)  The overall cost-effectiveness of the cap-and-trade
3447system in combination with other policies and measures in
3448meeting statewide targets.
3449     (b)  Minimizing the administrative burden to the state of
3450implementing, monitoring, and enforcing the program.
3451     (c)  Minimizing the administrative burden on entities
3452covered under the cap.
3453     (d)  The impacts on electricity prices for consumers.
3454     (e)  The specific benefits to the state's economy for early
3455adoption of a cap-and-trade system for greenhouse gases in the
3456context of federal climate change legislation and the
3457development of new international compacts.
3458     (f)  The specific benefits to the state's economy
3459associated with the creation and sale of emissions offsets from
3460economic sectors outside of the emissions cap.
3461     (g)  The potential effects on leakage if economic activity
3462relocates out of the state.
3463     (h)  The effectiveness of the combination of measures in
3464meeting identified targets.
3465     (i)  The implications for near-term periods of long-term
3466targets specified in the overall policy.
3467     (j)  The overall costs and benefits of a cap-and-trade
3468system to the state economy.
3469     (k)  How to moderate impacts on low-income consumers that
3470result from energy price increases.
3471     (l)  Consistency of the program with other state and
3472possible federal efforts.
3473     (m)  The feasibility and cost-effectiveness of extending
3474the program scope as broadly as possible among emitting
3475activities and sinks in Florida.
3476     (n)  Evaluation of the conditions under which Florida
3477should consider linking its trading system to the systems of
3478other states or other countries and how that might be affected
3479by the potential inclusion in the rule of a safety valve.
3480     (8)  Recognizing that the international, national, and
3481neighboring state policies and the science of climate change
3482will evolve, prior to submitting the proposed rules to the
3483Legislature for consideration, the department shall submit the
3484proposed rules to the Florida Energy and Climate Commission,
3485which shall review the proposed rules and submit a report to the
3486Governor, the President of the Senate, the Speaker of the House
3487of Representatives, and the department. The report shall
3488address:
3489     (a)  The overall cost-effectiveness of the proposed cap-
3490and-trade system in combination with other policies and measures
3491in meeting statewide targets.
3492     (b)  The administrative burden to the state of
3493implementing, monitoring, and enforcing the program.
3494     (c)  The administrative burden on entities covered under
3495the cap.
3496     (d)  The impacts on electricity prices for consumers.
3497     (e)  The specific benefits to the state's economy for early
3498adoption of a cap-and-trade system for greenhouse gases in the
3499context of federal climate change legislation and the
3500development of new international compacts.
3501     (f)  The specific benefits to the state's economy
3502associated with the creation and sale of emissions offsets from
3503economic sectors outside of the emissions cap.
3504     (g)  The potential effects on leakage if economic activity
3505relocates out of the state.
3506     (h)  The effectiveness of the combination of measures in
3507meeting identified targets.
3508     (i)  The economic implications for near-term periods of
3509short-term and long-term targets specified in the overall
3510policy.
3511     (j)  The overall costs and benefits of a cap-and-trade
3512system to the economy of the state.
3513     (k)  The impacts on low-income consumers that result from
3514energy price increases.
3515     (l)  The consistency of the program with other state and
3516possible federal efforts.
3517     (m)  The evaluation of the conditions under which the state
3518should consider linking its trading system to the systems of
3519other states or other countries and how that might be affected
3520by the potential inclusion in the rule of a safety valve.
3521     (n)  The timing and changes in the external environment,
3522such as proposals by other states or implementation of a federal
3523program that would spur reevaluation of the Florida program.
3524     (o)  The conditions and options for eliminating the Florida
3525program if a federal program were to supplant it.
3526     (p)  The need for a regular reevaluation of the progress of
3527other emitting regions of the country and of the world, and
3528whether other regions are abating emissions in a commensurate
3529manner.
3530     (q)  The desirability of and possibilities of broadening
3531the scope of the state's cap-and-trade system at a later date to
3532include more emitting activities as well as sinks in Florida,
3533the conditions that would need to be met to do so, and how the
3534program would encourage these conditions to be met, including
3535developing monitoring and measuring techniques for land use
3536emissions and sinks, regulating sources upstream, and other
3537considerations.
3538     Section 61.  Section 403.502, Florida Statutes, is amended
3539to read:
3540     403.502  Legislative intent.--The Legislature finds that
3541the present and predicted growth in electric power demands in
3542this state requires the development of a procedure for the
3543selection and utilization of sites for electrical generating
3544facilities and the identification of a state position with
3545respect to each proposed site and its associated facilities. The
3546Legislature recognizes that the selection of sites and the
3547routing of associated facilities, including transmission lines,
3548will have a significant impact upon the welfare of the
3549population, the location and growth of industry, and the use of
3550the natural resources of the state. The Legislature finds that
3551the efficiency of the permit application and review process at
3552both the state and local level would be improved with the
3553implementation of a process whereby a permit application would
3554be centrally coordinated and all permit decisions could be
3555reviewed on the basis of standards and recommendations of the
3556deciding agencies. It is the policy of this state that, while
3557recognizing the pressing need for increased power generation
3558facilities, the state shall ensure through available and
3559reasonable methods that the location and operation of electrical
3560power plants will produce minimal adverse effects on human
3561health, the environment, the ecology of the land and its
3562wildlife, and the ecology of state waters and their aquatic life
3563and will not unduly conflict with the goals established by the
3564applicable local comprehensive plans. It is the intent to seek
3565courses of action that will fully balance the increasing demands
3566for electrical power plant location and operation with the broad
3567interests of the public. Such action will be based on these
3568premises:
3569     (1)  To assure the citizens of Florida that operation
3570safeguards are technically sufficient for their welfare and
3571protection.
3572     (2)  To effect a reasonable balance between the need for
3573the facility and the environmental impact resulting from
3574construction and operation of the facility, including air and
3575water quality, fish and wildlife, and the water resources and
3576other natural resources of the state.
3577     (3)  To meet the need for electrical energy as established
3578pursuant to s. 403.519.
3579     (4)  To assure the citizens of Florida that renewable
3580energy sources and technologies, as well as conservation
3581measures, are utilized to the extent reasonably available.
3582     Section 62.  Subsections (3) through (30) of section
3583403.503, Florida Statutes, are renumbered as subsections (4)
3584through (31), respectively, present subsections (6), (8), (10),
3585(13), (27), and (29) are amended, and a new subsection (3) is
3586added to that section, to read:
3587     403.503  Definitions relating to Florida Electrical Power
3588Plant Siting Act.--As used in this act:
3589     (3)  "Alternate corridor" means an area that is proposed by
3590the applicant or a third party within which all or part of an
3591associated electrical transmission line right-of-way is to be
3592located and that is different from the preferred transmission
3593line corridor proposed by the applicant. The width of the
3594alternate corridor proposed for certification for an associated
3595electrical transmission line may be the width of the proposed
3596right-of-way or a wider boundary not to exceed a width of 1
3597mile. The area within the alternate corridor may be further
3598restricted as a condition of certification. The alternate
3599corridor may include alternate electrical substation sites if
3600the applicant has proposed an electrical substation as part of
3601the portion of the proposed electrical transmission line.
3602     (7)(6)  "Associated facilities" means, for the purpose of
3603certification, those onsite and offsite facilities which
3604directly support the construction and operation of the
3605electrical power plant such as electrical transmission lines,
3606substations, and fuel unloading facilities; pipelines necessary
3607for transporting fuel for the operation of the facility or other
3608fuel transportation facilities; water or wastewater transport
3609pipelines; construction, maintenance, and access roads; and
3610railway lines necessary for transport of construction equipment
3611or fuel for the operation of the facility.
3612     (9)(8)  "Certification" means the written order of the
3613board, or secretary when applicable, approving an application
3614for the licensing of an electrical power plant, in whole or with
3615such changes or conditions as the board may deem appropriate.
3616     (11)(10)  "Corridor" means the proposed area within which
3617an associated linear facility right-of-way is to be located. The
3618width of the corridor proposed for certification as an
3619associated facility, at the option of the applicant, may be the
3620width of the right-of-way or a wider boundary, not to exceed a
3621width of 1 mile. The area within the corridor in which a right-
3622of-way may be located may be further restricted by a condition
3623of certification. After all property interests required for the
3624right-of-way have been acquired by the licensee, the boundaries
3625of the area certified shall narrow to only that land within the
3626boundaries of the right-of-way. The corridors proper for
3627certification shall be those addressed in the application, in
3628amendments to the application filed under s. 403.5064, and in
3629notices of acceptance of proposed alternate corridors filed by
3630an applicant and the department pursuant to s. 403.5271 as
3631incorporated by reference in s. 403.5064(1)(b) for which the
3632required information for the preparation of agency supplemental
3633reports was filed.
3634     (14)(13)  "Electrical power plant" means, for the purpose
3635of certification, any steam or solar electrical generating
3636facility using any process or fuel, including nuclear materials,
3637except that this term does not include any steam or solar
3638electrical generating facility of less than 75 megawatts in
3639capacity unless the applicant for such a facility elects to
3640apply for certification under this act. This term also includes
3641the site; all associated facilities that will to be owned by the
3642applicant that which are physically connected to the electrical
3643power plant site; all associated facilities that or which are
3644indirectly directly connected to the electrical power plant site
3645by other proposed associated facilities that will to be owned by
3646the applicant;, and associated transmission lines that will to
3647be owned by the applicant which connect the electrical power
3648plant to an existing transmission network or rights-of-way to of
3649which the applicant intends to connect. At the applicant's
3650option, this term may include any offsite associated facilities
3651that which will not be owned by the applicant; offsite
3652associated facilities that which are owned by the applicant but
3653that which are not directly connected to the electrical power
3654plant site; any proposed terminal or intermediate substations or
3655substation expansions connected to the associated transmission
3656line; or new transmission lines, upgrades, or improvements of an
3657existing transmission line on any portion of the applicant's
3658electrical transmission system necessary to support the
3659generation injected into the system from the proposed electrical
3660power plant.
3661     (28)(27)  "Site" means any proposed location within which
3662will be located wherein an electrical power plant's generating
3663facility and onsite support facilities plant, or an electrical
3664power plant alteration or addition of electrical generating
3665facilities and onsite support facilities resulting in an
3666increase in generating capacity, will be located, including
3667offshore sites within state jurisdiction.
3668     (30)(29)  "Ultimate site capacity" means the maximum gross
3669generating capacity for a site as certified by the board, unless
3670otherwise specified as net generating capacity.
3671     Section 63.  Subsections (2) through (5), (9), and (11) of
3672section 403.504, Florida Statutes, are amended to read:
3673     403.504  Department of Environmental Protection; powers and
3674duties enumerated.--The department shall have the following
3675powers and duties in relation to this act:
3676     (2)  To prescribe the form and content of the public
3677notices and the notice of intent and the form, content, and
3678necessary supporting documentation and studies to be prepared by
3679the applicant for electrical power plant site certification
3680applications.
3681     (3)  To receive applications for electrical power plant
3682site certifications and to determine the completeness and
3683sufficiency thereof.
3684     (4)  To make, or contract for, studies of electrical power
3685plant site certification applications.
3686     (5)  To administer the processing of applications for
3687electric power plant site certifications and to ensure that the
3688applications are processed as expeditiously as possible.
3689     (9)  To determine whether an alternate corridor proposed
3690for consideration under s. 403.5064(4) is acceptable issue final
3691orders after receipt of the administrative law judge's order
3692relinquishing jurisdiction pursuant to s. 403.508(6).
3693     (11)  To administer and manage the terms and conditions of
3694the certification order and supporting documents and records for
3695the life of the electrical power plant facility.
3696     Section 64.  Subsection (1) of section 403.506, Florida
3697Statutes, is amended, and subsection (3) is added that section,
3698to read:
3699     403.506  Applicability, thresholds, and certification.--
3700     (1)  The provisions of this act shall apply to any
3701electrical power plant as defined herein, except that the
3702provisions of this act shall not apply to any electrical power
3703plant or steam generating plant of less than 75 megawatts in
3704gross capacity, including its associated facilities, or to any
3705substation to be constructed as part of an associated
3706transmission line unless the applicant has elected to apply for
3707certification of such electrical power plant or substation under
3708this act. The provisions of this act shall not apply to any unit
3709capacity expansions expansion of 75 35 megawatts or less, in the
3710aggregate, of an existing exothermic reaction cogeneration
3711electrical generating facility unit that was exempt from this
3712act when it was originally built; however, this exemption shall
3713not apply if the unit uses oil or natural gas for purposes other
3714than unit startup. No construction of any new electrical power
3715plant or expansion in steam generating capacity as measured by
3716an increase in the maximum electrical generator rating of any
3717existing electrical power plant may be undertaken after October
37181, 1973, without first obtaining certification in the manner as
3719herein provided, except that this act shall not apply to any
3720such electrical power plant which is presently operating or
3721under construction or which has, upon the effective date of
3722chapter 73-33, Laws of Florida, applied for a permit or
3723certification under requirements in force prior to the effective
3724date of such act.
3725     (3)  An electric utility may obtain separate licenses,
3726permits, and approvals for the construction of facilities
3727necessary to construct an electrical power plant without first
3728obtaining certification under this act if the utility intends to
3729locate, license, and construct a proposed or expanded electrical
3730power plant that uses nuclear materials as fuel. Such facilities
3731may include, but are not limited to, access and onsite roads,
3732rail lines, electrical transmission facilities to support
3733construction, and facilities necessary for waterborne delivery
3734of construction materials and project components. This exemption
3735applies to such facilities regardless of whether the facilities
3736are used for operation of the power plant. The applicant shall
3737file with the department a statement that declares that the
3738construction of such facilities is necessary for the timely
3739construction of the proposed electrical power plant and
3740identifies those facilities that the applicant intends to seek
3741licenses for and construct prior to or separate from
3742certification of the project. The facilities may be located
3743within or off the site for the proposed electrical power plant.
3744The filing of an application under this act shall not affect
3745other applications for separate licenses which are pending at
3746the time of filing the application. Furthermore, the filing of
3747an application shall not prevent an electric utility from
3748seeking separate licenses for facilities that are necessary to
3749construct the electrical power plant. Licenses, permits, or
3750approvals issued by any state, regional, or local agency for
3751such facilities shall be incorporated by the department into a
3752final certification upon completion of construction. Any
3753facilities necessary for construction of the electrical power
3754plant shall become part of the certified electrical power plant
3755upon completion of the electrical power plant's construction.
3756The exemption in this subsection shall not require or authorize
3757agency rulemaking, and any action taken under this subsection
3758shall not be subject to the provisions of chapter 120. This
3759subsection shall be given retroactive effect and shall apply to
3760applications filed after May 1, 2008.
3761     Section 65.  Subsections (1) and (4) of section 403.5064,
3762Florida Statutes, are amended to read:
3763     403.5064  Application; schedules.--
3764     (1)  The formal date of filing of a certification
3765application and commencement of the certification review process
3766shall be when the applicant submits:
3767     (a)  Copies of the certification application in a quantity
3768and format as prescribed by rule to the department and other
3769agencies identified in s. 403.507(2)(a).
3770     (b)  A statement affirming that the applicant is opting to
3771allow consideration of alternate corridors for an associated
3772transmission line corridor. If alternate corridors are allowed,
3773at the applicant's option, the portion of the application
3774addressing associated transmission line corridors shall be
3775processed under the schedule set forth in ss. 403.521-403.526,
3776403.527(4), and 403.5271, including the opportunity for the
3777filing of alternate corridors by third parties; however, if such
3778alternate corridors are filed, the certification hearing shall
3779not be rescheduled as allowed by s. 403.5271(1)(b).
3780     (c)(b)  The application fee specified under s. 403.518 to
3781the department.
3782     (4)  Within 7 days after the filing of an application, the
3783department shall prepare a proposed schedule of dates for
3784determination of completeness, submission of statements of
3785issues, submittal of final reports, and other significant dates
3786to be followed during the certification process, including dates
3787for filing notices of appearance to be a party pursuant to s.
3788403.508(3). If the application includes one or more associated
3789transmission line corridors, at the request of the applicant
3790filed concurrently with the application, the department shall
3791use the application processing schedule set forth in ss.
3792403.521-403.526, 403.527(4), and 403.5271 for the associated
3793transmission line corridors, including the opportunity for the
3794filing and review of alternate corridors, if a party proposes
3795alternate transmission line corridor routes for consideration no
3796later than 165 days before the scheduled certification hearing.
3797Notwithstanding an applicant's option for the transmission line
3798corridor portion of its application to be processed under the
3799proposed schedule, only one certification hearing shall be held
3800for the entire plant in accordance with s. 403.508(2). The
3801proposed This schedule shall be timely provided by the
3802department to the applicant, the administrative law judge, all
3803agencies identified pursuant to subsection (2), and all parties.
3804Within 7 days after the filing of the proposed schedule, the
3805administrative law judge shall issue an order establishing a
3806schedule for the matters addressed in the department's proposed
3807schedule and other appropriate matters, if any.
3808     Section 66.  Subsection (1) of section 403.5065, Florida
3809Statutes, is amended to read:
3810     403.5065  Appointment of administrative law judge; powers
3811and duties.--
3812     (1)  Within 7 days after receipt of an application, the
3813department shall request the Division of Administrative Hearings
3814to designate an administrative law judge to conduct the hearings
3815required by this act. The division director shall designate an
3816administrative law judge within 7 days after receipt of the
3817request from the department. In designating an administrative
3818law judge for this purpose, the division director shall,
3819whenever practicable, assign an administrative law judge who has
3820had prior experience or training in electrical power plant site
3821certification proceedings. Upon being advised that an
3822administrative law judge has been appointed, the department
3823shall immediately file a copy of the application and all
3824supporting documents with the designated administrative law
3825judge, who shall docket the application.
3826     Section 67.  Subsection (3) of section 403.50663, Florida
3827Statutes, is amended to read:
3828     403.50663  Informational public meetings.--
3829     (3)  A local government or regional planning council that
3830intends to conduct an informational public meeting must provide
3831notice of the meeting to all parties not less than 5 days prior
3832to the meeting and to the general public in accordance with s.
3833403.5115(5). The expense for such notice is eligible for
3834reimbursement under s. 403.518(2)(c)1.
3835     Section 68.  Section 403.50665, Florida Statutes, is
3836amended to read:
3837     403.50665  Land use consistency.--
3838     (1)  The applicant shall include in the application a
3839statement on the consistency of the site and or any directly
3840associated facilities that constitute a "development," as
3841defined in s. 380.04, with existing land use plans and zoning
3842ordinances that were in effect on the date the application was
3843filed and a full description of such consistency. This
3844information shall include an identification of those associated
3845facilities that the applicant believes are exempt from the
3846requirements of land use plans and zoning ordinances under the
3847provisions of the Local Government Comprehensive Planning and
3848Land Development Regulation Act provisions of chapter 163 and s.
3849380.04(3).
3850     (2)(a)  Within 45 days after the filing of the application,
3851each local government shall file a determination with the
3852department, the applicant, the administrative law judge, and all
3853parties on the consistency of the site, and or any directly
3854associated facilities that are not exempt from the requirements
3855of land use plans and zoning ordinances under chapter 163 and s.
3856380.04(3), with existing land use plans and zoning ordinances
3857that were in effect on the date the application was filed, based
3858on the information provided in the application. However, this
3859requirement does not apply to any new electrical generation unit
3860proposed to be constructed and operated on the site of a
3861previously certified electrical power plant or on the site of a
3862power plant that was not previously certified that will be
3863wholly contained within the boundaries of the existing site.
3864     (b)  The local government may issue its determination up to
386555 35 days later if the application has been determined
3866incomplete based in whole or in part upon a local government
3867request for has requested additional information on land use and
3868zoning consistency as part of the local government's statement
3869on completeness of the application submitted pursuant to s.
3870403.5066(1)(a). Incompleteness of information necessary for a
3871local government to evaluate an application may be claimed by
3872the local government as cause for a statement of inconsistency
3873with existing land use plans and zoning ordinances.
3874     (c)  Notice of the consistency determination shall be
3875published in accordance with the requirements of s. 403.5115.
3876     (3)(a)  If the local government issues a determination that
3877the proposed site and any nonexempt associated facilities are
3878electrical power plant is not consistent or in compliance with
3879local land use plans and zoning ordinances, the applicant may
3880apply to the local government for the necessary local approval
3881to address the inconsistencies identified in the local
3882government's determination.
3883     (b)  If the applicant makes such an application to the
3884local government, the time schedules under this act shall be
3885tolled until the local government issues its revised
3886determination on land use and zoning or the applicant otherwise
3887withdraws its application to the local government.
3888     (c)  If the applicant applies to the local government for
3889necessary local land use or zoning approval, the local
3890government shall commence a proceeding to consider the
3891application for land use or zoning approval within 45 days after
3892receipt of the complete request and shall issue a revised
3893determination within 30 days following the conclusion of that
3894local proceeding., and The time schedules and notice
3895requirements under this act shall apply to such revised
3896determination.
3897     (4)  If any substantially affected person wishes to dispute
3898the local government's determination, he or she shall file a
3899petition with the designated administrative law judge department
3900within 21 days after the publication of notice of the local
3901government's determination. If a hearing is requested, the
3902provisions of s. 403.508(1) shall apply.
3903     (5)  The dates in this section may be altered upon
3904agreement between the applicant, the local government, and the
3905department pursuant to s. 403.5095.
3906     (6)  If it is determined by the local government that the
3907proposed site or nonexempt directly associated facility does
3908conform with existing land use plans and zoning ordinances in
3909effect as of the date of the application and no petition has
3910been filed, the responsible zoning or planning authority shall
3911not thereafter change such land use plans or zoning ordinances
3912so as to foreclose construction and operation of the proposed
3913site or directly associated facilities unless certification is
3914subsequently denied or withdrawn.
3915     (7)  The issue of land use and zoning consistency for any
3916proposed alternate intermediate electrical substation which is
3917proposed as part of an alternate electrical transmission line
3918corridor which is accepted by the applicant and the department
3919under s. 403.5271(1)(b) shall be addressed in the supplementary
3920report prepared by the local government on the proposed
3921alternate corridor and shall be considered as an issue at any
3922final certification hearing. If such a proposed alternate
3923intermediate electrical substation is determined not to be
3924consistent with local land use plans and zoning ordinances, then
3925that alternate intermediate electrical substation shall not be
3926certified.
3927     Section 69.  Paragraph (a) of subsection (2) of section
3928403.507, Florida Statutes, is amended to read:
3929     403.507  Preliminary statements of issues, reports, project
3930analyses, and studies.--
3931     (2)(a)  No later than 100 days after the certification
3932application has been determined complete, the following agencies
3933shall prepare reports as provided below and shall submit them to
3934the department and the applicant, unless a final order denying
3935the determination of need has been issued under s. 403.519:
3936     1.  The Department of Community Affairs shall prepare a
3937report containing recommendations which address the impact upon
3938the public of the proposed electrical power plant, based on the
3939degree to which the electrical power plant is consistent with
3940the applicable portions of the state comprehensive plan,
3941emergency management, and other such matters within its
3942jurisdiction. The Department of Community Affairs may also
3943comment on the consistency of the proposed electrical power
3944plant with applicable strategic regional policy plans or local
3945comprehensive plans and land development regulations.
3946     2.  The water management district shall prepare a report as
3947to matters within its jurisdiction, including but not limited
3948to, the impact of the proposed electrical power plant on water
3949resources, regional water supply planning, and district-owned
3950lands and works.
3951     3.  Each local government in whose jurisdiction the
3952proposed electrical power plant is to be located shall prepare a
3953report as to the consistency of the proposed electrical power
3954plant with all applicable local ordinances, regulations,
3955standards, or criteria that apply to the proposed electrical
3956power plant, including any applicable local environmental
3957regulations adopted pursuant to s. 403.182 or by other means.
3958     4.  The Fish and Wildlife Conservation Commission shall
3959prepare a report as to matters within its jurisdiction.
3960     5.  Each regional planning council shall prepare a report
3961containing recommendations that address the impact upon the
3962public of the proposed electrical power plant, based on the
3963degree to which the electrical power plant is consistent with
3964the applicable provisions of the strategic regional policy plan
3965adopted pursuant to chapter 186 and other matters within its
3966jurisdiction.
3967     6.  The Department of Transportation shall address the
3968impact of the proposed electrical power plant on matters within
3969its jurisdiction.
3970     Section 70.  Subsection (1), paragraph (a) of subsection
3971(2), and paragraph (f) of subsection (3) of section 403.508,
3972Florida Statutes, are amended to read:
3973     403.508  Land use and certification hearings, parties,
3974participants.--
3975     (1)(a)  Within 5 days after the filing of If a petition for
3976a hearing on land use has been filed pursuant to s. 403.50665,
3977the designated administrative law judge shall schedule conduct a
3978land use hearing to be conducted in the county of the proposed
3979site or directly associated facility that is not exempt from the
3980requirements of land use plans and zoning ordinances under
3981chapter 163 and s. 380.04(3), as applicable, as expeditiously as
3982possible, but not later than 30 days after the designated
3983administrative law judge's department's receipt of the petition.
3984The place of such hearing shall be as close as possible to the
3985proposed site or directly associated facility. If a petition is
3986filed, the hearing shall be held regardless of the status of the
3987completeness of the application. However, incompleteness of
3988information necessary for a local government to evaluate an
3989application may be claimed by the local government as cause for
3990a statement of inconsistency with existing land use plans and
3991zoning ordinances under s. 403.50665.
3992     (b)  Notice of the land use hearing shall be published in
3993accordance with the requirements of s. 403.5115.
3994     (c)  The sole issue for determination at the land use
3995hearing shall be whether or not the proposed site or nonexempt
3996associated facility is consistent and in compliance with
3997existing land use plans and zoning ordinances. If the
3998administrative law judge concludes that the proposed site or
3999nonexempt associated facility is not consistent or in compliance
4000with existing land use plans and zoning ordinances, the
4001administrative law judge shall receive at the hearing evidence
4002on, and address in the recommended order any changes to or
4003approvals or variances under, the applicable land use plans or
4004zoning ordinances which will render the proposed site or
4005nonexempt associated facility consistent and in compliance with
4006the local land use plans and zoning ordinances.
4007     (d)  The designated administrative law judge's recommended
4008order shall be issued within 30 days after completion of the
4009hearing and shall be reviewed by the board within 60 days after
4010receipt of the recommended order by the board.
4011     (e)  If it is determined by the board that the proposed
4012site or nonexempt associated facility does conform with existing
4013land use plans and zoning ordinances in effect as of the date of
4014the application, or as otherwise provided by this act, the
4015responsible zoning or planning authority shall not thereafter
4016change such land use plans or zoning ordinances so as to
4017foreclose construction and operation of the proposed electrical
4018power plant on the proposed site or directly associated
4019facilities unless certification is subsequently denied or
4020withdrawn.
4021     (f)  If it is determined by the board that the proposed
4022site or nonexempt associated facility does not conform with
4023existing land use plans and zoning ordinances, the board may, if
4024it determines after notice and hearing and upon consideration of
4025the recommended order on land use and zoning issues that it is
4026in the public interest to authorize the use of the land as a
4027site for a site or associated facility an electrical power
4028plant, authorize a variance or other necessary approval to the
4029adopted land use plan and zoning ordinances required to render
4030the proposed site or associated facility consistent with local
4031land use plans and zoning ordinances. The board's action shall
4032not be controlled by any other procedural requirements of law.
4033In the event a variance or other approval is denied by the
4034board, it shall be the responsibility of the applicant to make
4035the necessary application for any approvals determined by the
4036board as required to make the proposed site or associated
4037facility consistent and in compliance with local land use plans
4038and zoning ordinances. No further action may be taken on the
4039complete application until the proposed site or associated
4040facility conforms to the adopted land use plan or zoning
4041ordinances or the board grants relief as provided under this
4042act.
4043     (2)(a)  A certification hearing shall be held by the
4044designated administrative law judge no later than 265 days after
4045the application is filed with the department. The certification
4046hearing shall be held at a location in proximity to the proposed
4047site. At the conclusion of the certification hearing, the
4048designated administrative law judge shall, after consideration
4049of all evidence of record, submit to the board a recommended
4050order no later than 45 days after the filing of the hearing
4051transcript.
4052     (3)
4053     (f)  Any agency, including those whose properties or works
4054are being affected pursuant to s. 403.509(5)(4), shall be made a
4055party upon the request of the department or the applicant.
4056     Section 71.  Subsection (3) of section 403.509, Florida
4057Statutes, is amended, subsection (4) is renumbered as subsection
4058(5), a new subsection (4) is added to that section, and
4059subsection (5) is renumbered as subsection (6) and amended, to
4060read:
4061     403.509  Final disposition of application.--
4062     (3)  In determining whether an application should be
4063approved in whole, approved with modifications or conditions, or
4064denied, the board, or secretary when applicable, shall consider
4065whether, and the extent to which, the location, construction,
4066and operation of the electrical power plant and directly
4067associated facilities and their construction and operation will:
4068     (a)  Provide reasonable assurance that operational
4069safeguards are technically sufficient for the public welfare and
4070protection.
4071     (b)  Comply with applicable nonprocedural requirements of
4072agencies.
4073     (c)  Be consistent with applicable local government
4074comprehensive plans and land development regulations.
4075     (d)  Meet the electrical energy needs of the state in an
4076orderly, reliable, and timely fashion.
4077     (e)  Effect a reasonable balance between the need for the
4078facility as established pursuant to s. 403.519 and the impacts
4079upon air and water quality, fish and wildlife, water resources,
4080and other natural resources of the state resulting from the
4081construction and operation of the facility.
4082     (f)  Minimize, through the use of reasonable and available
4083methods, the adverse effects on human health, the environment,
4084and the ecology of the land and its wildlife and the ecology of
4085state waters and their aquatic life.
4086     (g)  Serve and protect the broad interests of the public.
4087     (4)(a)  Any transmission line corridor certified by the
4088board, or secretary if applicable, shall meet the criteria of
4089this section. When more than one transmission line corridor is
4090proper for certification under s. 403.503(11) and meets the
4091criteria of this section, the board, or secretary if applicable,
4092shall certify the transmission line corridor that has the least
4093adverse impact regarding the criteria in subsection (3),
4094including costs.
4095     (b)  If the board, or secretary if applicable, finds that
4096an alternate corridor rejected pursuant to s. 403.5271 as
4097incorporated by reference in s. 403.5064(1)(b) meets the
4098criteria of subsection (3) and has the least adverse impact
4099regarding the criteria in subsection (3), the board, or
4100secretary if applicable, shall deny certification or shall allow
4101the applicant to submit an amended application to include the
4102corridor.
4103     (c)  If the board, or secretary if applicable, finds that
4104two or more of the corridors that comply with subsection (3)
4105have the least adverse impacts regarding the criteria in
4106subsection (3), including costs, and that the corridors are
4107substantially equal in adverse impacts regarding the criteria in
4108subsection (3), including costs, the board, or secretary if
4109applicable, shall certify the corridor preferred by the
4110applicant if the corridor is one proper for certification under
4111s. 403.503(11).
4112     (6)(5)  For certifications issued by the board in regard to
4113the properties and works of any agency which is a party to the
4114certification hearing, the board shall have the authority to
4115decide issues relating to the use, the connection thereto, or
4116the crossing thereof, for the electrical power plant and
4117directly associated facilities and to direct any such agency to
4118execute, within 30 days after the entry of certification, the
4119necessary license or easement for such use, connection, or
4120crossing, subject only to the conditions set forth in such
4121certification. For certifications issued by the department in
4122regard to the properties and works of any agency that is a party
4123to the proceeding, any stipulation filed pursuant to s.
4124403.508(6)(a) must include a stipulation regarding any issues
4125relating to the use, the connection thereto, or the crossing
4126thereof, for the electrical power plant. Any agency stipulating
4127to the use of, connection to, or crossing of its property must
4128agree to execute, within 30 days after the entry of
4129certification, the necessary license or easement for such use,
4130connection, or crossing, subject only to the conditions set
4131forth in such certification.
4132     Section 72.  Subsections (1) and (6) of section 403.511,
4133Florida Statutes, are amended to read:
4134     403.511  Effect of certification.--
4135     (1)  Subject to the conditions set forth therein, any
4136certification shall constitute the sole license of the state and
4137any agency as to the approval of the location of the site and
4138any associated facility and the construction and operation of
4139the proposed electrical power plant, except for the issuance of
4140department licenses required under any federally delegated or
4141approved permit program and except as otherwise provided in
4142subsection (4).
4143     (6)  No term or condition of an electrical power plant a
4144site certification shall be interpreted to supersede or control
4145the provisions of a final operation permit for a major source of
4146air pollution issued by the department pursuant to s. 403.0872
4147to a facility certified under this part.
4148     Section 73.  Subsection (1) of section 403.5112, Florida
4149Statutes, is amended to read:
4150     403.5112  Filing of notice of certified corridor route.--
4151     (1)  Within 60 days after certification of an a directly
4152associated linear facility pursuant to this act, the applicant
4153shall file, in accordance with s. 28.222, with the department
4154and the clerk of the circuit court for each county through which
4155the corridor will pass, a notice of the certified route.
4156     Section 74.  Section 403.5113, Florida Statutes, is amended
4157to read:
4158     403.5113  Postcertification amendments and review.--
4159     (1)  POSTCERTIFICATION AMENDMENTS.--
4160     (a)  If, subsequent to certification by the board, a
4161licensee proposes any material change to the application and
4162revisions or amendments thereto, as certified, the licensee
4163shall submit a written request for amendment and a description
4164of the proposed change to the application to the department.
4165Within 30 days after the receipt of the request for the
4166amendment, the department shall determine whether the proposed
4167change to the application requires a modification of the
4168conditions of certification.
4169     (b)(2)  If the department concludes that the change would
4170not require a modification of the conditions of certification,
4171the department shall provide written notification of the
4172approval of the proposed amendment to the licensee, all
4173agencies, and all other parties.
4174     (c)(3)  If the department concludes that the change would
4175require a modification of the conditions of certification, the
4176department shall provide written notification to the licensee
4177that the proposed change to the application requires a request
4178for modification pursuant to s. 403.516.
4179     (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
4180submittals filed by the licensee with one or more agencies are
4181for the purpose of monitoring for compliance with the issued
4182certification and must be reviewed by the agencies on an
4183expedited and priority basis because each facility certified
4184under this act is a critical infrastructure facility. In no
4185event shall a postcertification review be completed in more than
418690 days after complete information is submitted to the reviewing
4187agencies.
4188     Section 75.  Section 403.5115, Florida Statutes, is amended
4189to read:
4190     403.5115  Public notice.--
4191     (1)  The following notices are to be published by the
4192applicant for all applications:
4193     (a)  Notice of the filing of a notice of intent under s.
4194403.5063, which shall be published within 21 days after the
4195filing of the notice. The notice shall be published as specified
4196by subsection (2), except that the newspaper notice shall be
4197one-fourth page in size in a standard size newspaper or one-half
4198page in size in a tabloid size newspaper.
4199     (b)  Notice of filing of the application, which shall
4200include a description of the proceedings required by this act,
4201within 21 days after the date of the application filing. Such
4202notice shall give notice of the provisions of s. 403.511(1) and
4203(2).
4204     (c)  If applicable, notice of the land use determination
4205made pursuant to s. 403.50665(2)(1) within 21 days after the
4206deadline for the filing of the determination is filed.
4207     (d)  If applicable, notice of the land use hearing, which
4208shall be published as specified in subsection (2), no later than
420915 days before the hearing.
4210     (e)  Notice of the certification hearing and notice of the
4211deadline for filing notice of intent to be a party, which shall
4212be published as specified in subsection (2), at least 65 days
4213before the date set for the certification hearing. If one or
4214more alternate corridors have been accepted for consideration,
4215the notice of the certification hearing shall include a map of
4216all corridors proposed for certification.
4217     (f)  Notice of revised deadline for filing alternate
4218corridors if the certification hearing is rescheduled to a date
4219other than as published in the notice of filing of the
4220application. This notice shall be published at least 185 days
4221before the rescheduled certification hearing and as specified in
4222subsection (2), except no map is required and the size of the
4223notice shall be no smaller than 6 square inches.
4224     (g)(f)  Notice of the cancellation of the certification
4225hearing, if applicable, no later than 3 days before the date of
4226the originally scheduled certification hearing. The newspaper
4227notice shall be one-fourth page in size in a standard-size
4228newspaper or one-half page in size in a tabloid-size newspaper.
4229     (h)(g)  Notice of modification when required by the
4230department, based on whether the requested modification of
4231certification will significantly increase impacts to the
4232environment or the public. Such notice shall be published as
4233specified under subsection (2):
4234     1.  Within 21 days after receipt of a request for
4235modification. The newspaper notice shall be of a size as
4236directed by the department commensurate with the scope of the
4237modification.
4238     2.  If a hearing is to be conducted in response to the
4239request for modification, then notice shall be published no
4240later than 30 days before the hearing.
4241     (h)  Notice of a supplemental application, which shall be
4242published as specified in paragraph (b) and subsection (2).
4243     (i)  Notice of existing site certification pursuant to s.
4244403.5175. Notices shall be published as specified in paragraph
4245(b) and subsection (2).
4246     (2)  Notices provided by the applicant shall be published
4247in newspapers of general circulation within the county or
4248counties in which the proposed electrical power plant will be
4249located. The newspaper notices, unless otherwise specified,  
4250shall be at least one-half page in size in a standard size
4251newspaper or a full page in a tabloid size newspaper. These
4252notices shall include a map generally depicting the project and
4253all associated facilities corridors. A newspaper of general
4254circulation shall be the newspaper which has the largest daily
4255circulation in that county and has its principal office in that
4256county. If the newspaper with the largest daily circulation has
4257its principal office outside the county, the notices shall
4258appear in both the newspaper having the largest circulation in
4259that county and in a newspaper authorized to publish legal
4260notices in that county.
4261     (3)  All notices published by the applicant shall be paid
4262for by the applicant and shall be in addition to the application
4263fee.
4264     (4)  The department shall arrange for publication of the
4265following notices in the manner specified by chapter 120 and
4266provide copies of those notices to any persons who have
4267requested to be placed on the departmental mailing list for this
4268purpose:
4269     (a)  Notice of the filing of the notice of intent within 15
4270days after receipt of the notice.
4271     (b)  Notice of the filing of the application, no later than
427221 days after the application filing.
4273     (c)  Notice of the land use determination made pursuant to
4274s. 403.50665(2)(1) within 21 days after the determination is
4275filed.
4276     (d)  Notice of the land use hearing before the
4277administrative law judge, if applicable, no later than 15 days
4278before the hearing.
4279     (e)  Notice of the land use hearing before the board, if
4280applicable.
4281     (f)  Notice of the certification hearing at least 45 days
4282before the date set for the certification hearing.
4283     (g)  Notice of the revised deadline for filing alternate
4284corridors if the certification hearing is rescheduled to a date
4285other than as published in the notice of filing of the
4286application. This notice shall be published at least 185 days
4287before the rescheduled certification hearing.
4288     (h)(g)  Notice of the cancellation of the certification
4289hearing, if applicable, no later than 3 days prior to the date
4290of the originally scheduled certification hearing.
4291     (i)(h)  Notice of the hearing before the board, if
4292applicable.
4293     (j)(i)  Notice of stipulations, proposed agency action, or
4294petitions for modification.
4295     (5)  A local government or regional planning council that
4296proposes to conduct an informational public meeting pursuant to
4297s. 403.50663 must publish notice of the meeting in a newspaper
4298of general circulation within the county or counties in which
4299the proposed electrical power plant will be located no later
4300than 7 days prior to the meeting. A newspaper of general
4301circulation shall be the newspaper that has the largest daily
4302circulation in that county and has its principal office in that
4303county. If the newspaper with the largest daily circulation has
4304its principal office outside the county, the notices shall
4305appear in both the newspaper having the largest circulation in
4306that county and in a newspaper authorized to publish legal
4307notices in that county.
4308     (6)  A proponent of an alternate corridor shall publish
4309public notices concerning the filing of a proposal for an
4310alternate corridor; the route of the alternate corridor; the
4311revised time schedules, if any; the filing deadline for a
4312petition to become a party; and the date of the rescheduled
4313certification hearing, if necessary. For purposes of this
4314subsection, all notices must be published in a newspaper or
4315newspapers of general circulation within the county or counties
4316affected by the proposed alternate corridor and must comply with
4317the requirements provided in subsection (2). The notices must be
4318published at least 45 days before the date of the rescheduled
4319certification hearing.
4320     Section 76.  Paragraph (b) of subsection (1) of section
4321403.516, Florida Statutes, is amended to read:
4322     403.516  Modification of certification.--
4323     (1)  A certification may be modified after issuance in any
4324one of the following ways:
4325     (b)1.  The department may modify specific conditions of a
4326site certification which are inconsistent with the terms of any
4327federally delegated or approved permit for the certified
4328electrical power plant.
4329     2.  Such modification may be made without further notice if
4330the matter has been previously noticed under the requirements
4331for any federally delegated or approved permit program.
4332     Section 77.  Paragraphs (a) and (c) of subsection (1) of
4333section 403.517, Florida Statutes, are amended to read:
4334     403.517  Supplemental applications for sites certified for
4335ultimate site capacity.--
4336     (1)(a)  Supplemental applications may be submitted for
4337certification of the construction and operation of electrical
4338power plants to be located at sites which have been previously
4339certified for an ultimate site capacity pursuant to this act.
4340Supplemental applications shall be limited to electrical power
4341plants using the fuel type previously certified for that site.
4342Such applications shall include all new directly associated
4343facilities that support the construction and operation of the
4344electrical power plant.
4345     (c)  The time limits for the processing of a complete
4346supplemental application shall be designated by the department
4347commensurate with the scope of the supplemental application, but
4348shall not exceed any time limitation governing the review of
4349initial applications for site certification pursuant to this
4350act, it being the legislative intent to provide shorter time
4351limitations for the processing of supplemental applications for
4352electrical power plants to be constructed and operated at sites
4353which have been previously certified for an ultimate site
4354capacity.
4355     Section 78.  Subsections (1), (2), and (3) of section
4356403.5175, Florida Statutes, are amended to read:
4357     403.5175  Existing electrical power plant site
4358certification.--
4359     (1)  An electric utility that owns or operates an existing
4360electrical power plant as defined in s. 403.503(14)(13) may
4361apply for certification of an existing power plant and its site
4362in order to obtain all agency licenses necessary to ensure
4363compliance with federal or state environmental laws and
4364regulation using the centrally coordinated, one-stop licensing
4365process established by this part. An application for site
4366certification under this section must be in the form prescribed
4367by department rule. Applications must be reviewed and processed
4368using the same procedural steps and notices as for an
4369application for a new facility, except that a determination of
4370need by the Public Service Commission is not required.
4371     (2)  An application for certification under this section
4372must include:
4373     (a)  A description of the site and existing power plant
4374installations and associated facilities;
4375     (b)  A description of all proposed changes or alterations
4376to the site and or electrical power plant, including all new
4377associated facilities that are the subject of the application;
4378     (c)  A description of the environmental and other impacts
4379caused by the existing utilization of the site and directly
4380associated facilities, and the operation of the electrical power
4381plant that is the subject of the application, and of the
4382environmental and other benefits, if any, to be realized as a
4383result of the proposed changes or alterations if certification
4384is approved and such other information as is necessary for the
4385reviewing agencies to evaluate the proposed changes and the
4386expected impacts;
4387     (d)  The justification for the proposed changes or
4388alterations;
4389     (e)  Copies of all existing permits, licenses, and
4390compliance plans authorizing utilization of the site and
4391directly associated facilities or operation of the electrical
4392power plant that is the subject of the application.
4393     (3)  The land use and zoning determination requirements of
4394s. 403.50665 do not apply to an application under this section
4395if the applicant does not propose to expand the boundaries of
4396the existing site or to add additional offsite associated
4397facilities that are not exempt from the provisions of s.
4398403.50665. If the applicant proposes to expand the boundaries of
4399the existing site or to add additional offsite associated
4400facilities that are not exempt from the provisions of s.
4401403.50665 to accommodate portions of the electrical generating
4402facility plant or associated facilities, a land use and zoning
4403determination shall be made as specified in s. 403.50665;
4404provided, however, that the sole issue for determination is
4405whether the proposed site expansion or additional nonexempt
4406associated facilities are is consistent and in compliance with
4407the existing land use plans and zoning ordinances.
4408     Section 79.  Section 403.518, Florida Statutes, is amended
4409to read:
4410     403.518  Fees; disposition.--The department shall charge
4411the applicant the following fees, as appropriate, which, unless
4412otherwise specified, shall be paid into the Florida Permit Fee
4413Trust Fund:
4414     (1)  A fee for a notice of intent pursuant to s. 403.5063,
4415in the amount of $2,500, to be submitted to the department at
4416the time of filing of a notice of intent. The notice-of-intent
4417fee shall be used and disbursed in the same manner as the
4418application fee.
4419     (2)  An application fee, which shall not exceed $200,000.
4420The fee shall be fixed by rule on a sliding scale related to the
4421size, type, ultimate site capacity, or increase in electrical
4422generating capacity proposed by the application.
4423     (a)  Sixty percent of the fee shall go to the department to
4424cover any costs associated with coordinating the review and
4425acting upon the application, to cover any field services
4426associated with monitoring construction and operation of the
4427facility, and to cover the costs of the public notices published
4428by the department.
4429     (b)  The following percentages shall be transferred to the
4430Operating Trust Fund of the Division of Administrative Hearings
4431of the Department of Management Services:
4432     1.  Five percent to compensate expenses from the initial
4433exercise of duties associated with the filing of an application.
4434     2.  An additional 5 percent if a land use hearing is held
4435pursuant to s. 403.508.
4436     3.  An additional 10 percent if a certification hearing is
4437held pursuant to s. 403.508.
4438     (c)1.  Upon written request with proper itemized accounting
4439within 90 days after final agency action by the board or
4440department or withdrawal of the application, the agencies that
4441prepared reports pursuant to s. 403.507 or participated in a
4442hearing pursuant to s. 403.508 may submit a written request to
4443the department for reimbursement of expenses incurred during the
4444certification proceedings. The request shall contain an
4445accounting of expenses incurred which may include time spent
4446reviewing the application, preparation of any studies required
4447of the agencies by this act, agency travel and per diem to
4448attend any hearing held pursuant to this act, and for any agency
4449or local government's or regional planning council's provision
4450of notice of public meetings or hearings required as a result of
4451the application for certification. The department shall review
4452the request and verify that the expenses are valid. Valid
4453expenses shall be reimbursed; however, in the event the amount
4454of funds available for reimbursement is insufficient to provide
4455for full compensation to the agencies requesting reimbursement,
4456reimbursement shall be on a prorated basis.
4457     2.  If the application review is held in abeyance for more
4458than 1 year, the agencies may submit a request for
4459reimbursement. This time period shall be measured from the date
4460the applicant has provided written notification to the
4461department that it desires to have the application review
4462process placed on hold. The fee disbursement shall be processed
4463in accordance with subparagraph 1.
4464     (d)  If any sums are remaining, the department shall retain
4465them for its use in the same manner as is otherwise authorized
4466by this act; provided, however, that if the certification
4467application is withdrawn, the remaining sums shall be refunded
4468to the applicant within 90 days after the submittal of the
4469written notification of withdrawal.
4470     (3)(a)  A certification modification fee, which shall not
4471exceed $30,000. The department shall establish rules for
4472determining such a fee based on the number of agencies involved
4473in the review, equipment redesign, change in site size, type,
4474increase in generating capacity proposed, or change in an
4475associated linear facility location.
4476     (b)  The fee shall be submitted to the department with a
4477petition for modification pursuant to s. 403.516. This fee shall
4478be established, disbursed, and processed in the same manner as
4479the application fee in subsection (2), except that the Division
4480of Administrative Hearings shall not receive a portion of the
4481fee unless the petition for certification modification is
4482referred to the Division of Administrative Hearings for hearing.
4483If the petition is so referred, only $10,000 of the fee shall be
4484transferred to the Operating Trust Fund of the Division of
4485Administrative Hearings of the Department of Management
4486Services.
4487     (4)  A supplemental application fee, not to exceed $75,000,
4488to cover all reasonable expenses and costs of the review,
4489processing, and proceedings of a supplemental application. This
4490fee shall be established, disbursed, and processed in the same
4491manner as the certification application fee in subsection (2).
4492     (5)  An existing site certification application fee, not to
4493exceed $200,000, to cover all reasonable costs and expenses of
4494the review processing and proceedings for certification of an
4495existing power plant site under s. 403.5175. This fee must be
4496established, disbursed, and processed in the same manner as the
4497certification application fee in subsection (2).
4498     (6)  An application fee for an alternate corridor filed
4499pursuant to s. 403.5064(4). The application fee shall be $750
4500per mile for each mile of the alternate corridor located within
4501an existing electric transmission line right-of-way or within an
4502existing right-of-way for a road, highway, railroad, or other
4503aboveground linear facility, or $1,000 per mile for each mile of
4504an electric transmission line corridor proposed to be located
4505outside the existing right-of-way.
4506     Section 80.  Paragraphs (a) and (e) of subsection (4) of
4507section 403.519, Florida Statutes, are amended to read:
4508     403.519  Exclusive forum for determination of need.--
4509     (4)  In making its determination on a proposed electrical
4510power plant using nuclear materials or synthesis gas produced by
4511integrated gasification combined cycle power plant as fuel, the
4512commission shall hold a hearing within 90 days after the filing
4513of the petition to determine need and shall issue an order
4514granting or denying the petition within 135 days after the date
4515of the filing of the petition. The commission shall be the sole
4516forum for the determination of this matter and the issues
4517addressed in the petition, which accordingly shall not be
4518reviewed in any other forum, or in the review of proceedings in
4519such other forum. In making its determination to either grant or
4520deny the petition, the commission shall consider the need for
4521electric system reliability and integrity, including fuel
4522diversity, the need for base-load generating capacity, the need
4523for adequate electricity at a reasonable cost, and whether
4524renewable energy sources and technologies, as well as
4525conservation measures, are utilized to the extent reasonably
4526available.
4527     (a)  The applicant's petition shall include:
4528     1.  A description of the need for the generation capacity.
4529     2.  A description of how the proposed nuclear or integrated
4530gasification combined cycle power plant will enhance the
4531reliability of electric power production within the state by
4532improving the balance of power plant fuel diversity and reducing
4533Florida's dependence on fuel oil and natural gas.
4534     3.  A description of and a nonbinding estimate of the cost
4535of the nuclear or integrated gasification combined cycle power
4536plant, including any costs associated with new, expanded, or
4537relocated electrical transmission lines or facilities of any
4538size that are necessary to serve the nuclear power plant.
4539     4.  The annualized base revenue requirement for the first
454012 months of operation of the nuclear or integrated gasification
4541combined cycle power plant.
4542     5.  Information on whether there were any discussions with
4543any electric utilities regarding ownership of a portion of the
4544nuclear or integrated gasification combined cycle power plant by
4545such electric utilities.
4546     (e)  After a petition for determination of need for a
4547nuclear or integrated gasification combined cycle power plant
4548has been granted, the right of a utility to recover any costs
4549incurred prior to commercial operation, including, but not
4550limited to, costs associated with the siting, design, licensing,
4551or construction of the plant and new, expanded, or relocated
4552electrical transmission lines or facilities of any size that are
4553necessary to serve the nuclear power plant, shall not be subject
4554to challenge unless and only to the extent the commission finds,
4555based on a preponderance of the evidence adduced at a hearing
4556before the commission under s. 120.57, that certain costs were
4557imprudently incurred. Proceeding with the construction of the
4558nuclear or integrated gasification combined cycle power plant
4559following an order by the commission approving the need for the
4560nuclear or integrated gasification combined cycle power plant
4561under this act shall not constitute or be evidence of
4562imprudence. Imprudence shall not include any cost increases due
4563to events beyond the utility's control. Further, a utility's
4564right to recover costs associated with a nuclear or integrated
4565gasification combined cycle power plant may not be raised in any
4566other forum or in the review of proceedings in such other forum.
4567Costs incurred prior to commercial operation shall be recovered
4568pursuant to chapter 366.
4569     Section 81.  Subsection (1) of section 403.5252, Florida
4570Statutes, is amended to read:
4571     403.5252  Determination of completeness.--
4572     (1)(a)  Within 30 days after the filing distribution of an
4573application, the affected agencies shall file a statement with
4574the department containing the recommendations of each agency
4575concerning the completeness of the application for
4576certification.
4577     (b)  Within 37 7 days after the filing receipt of the
4578application completeness statements of each agency, the
4579department shall file a statement with the Division of
4580Administrative Hearings, with the applicant, and with all
4581parties declaring its position with regard to the completeness
4582of the application. The statement of the department shall be
4583based upon its consultation with the affected agencies.
4584     Section 82.  Subsection (1) and paragraph (a) of subsection
4585(2) of section 403.526, Florida Statutes, are amended to read:
4586     403.526  Preliminary statements of issues, reports, and
4587project analyses; studies.--
4588     (1)  Each affected agency that is required to file a report
4589in accordance with this section shall submit a preliminary
4590statement of issues to the department and all parties no later
4591than the submittal of each agency's recommendation that the
4592application is complete 50 days after the filing of the
4593application. Such statements of issues shall be made available
4594to each local government for use as information for public
4595meetings held under s. 403.5272. The failure to raise an issue
4596in this preliminary statement of issues does not preclude the
4597issue from being raised in the agency's report.
4598     (2)(a)  No later than 90 days after the filing of the
4599application, the following agencies shall prepare reports as
4600provided below, unless a final order denying the determination
4601of need has been issued under s. 403.537 and shall submit them
4602to the department and the applicant no later than 90 days after
4603the filing of the application:
4604     1.  The department shall prepare a report as to the impact
4605of each proposed transmission line or corridor as it relates to
4606matters within its jurisdiction.
4607     2.  Each water management district in the jurisdiction of
4608which a proposed transmission line or corridor is to be located
4609shall prepare a report as to the impact on water resources and
4610other matters within its jurisdiction.
4611     3.  The Department of Community Affairs shall prepare a
4612report containing recommendations which address the impact upon
4613the public of the proposed transmission line or corridor, based
4614on the degree to which the proposed transmission line or
4615corridor is consistent with the applicable portions of the state
4616comprehensive plan, emergency management, and other matters
4617within its jurisdiction. The Department of Community Affairs may
4618also comment on the consistency of the proposed transmission
4619line or corridor with applicable strategic regional policy plans
4620or local comprehensive plans and land development regulations.
4621     4.  The Fish and Wildlife Conservation Commission shall
4622prepare a report as to the impact of each proposed transmission
4623line or corridor on fish and wildlife resources and other
4624matters within its jurisdiction.
4625     5.  Each local government shall prepare a report as to the
4626impact of each proposed transmission line or corridor on matters
4627within its jurisdiction, including the consistency of the
4628proposed transmission line or corridor with all applicable local
4629ordinances, regulations, standards, or criteria that apply to
4630the proposed transmission line or corridor, including local
4631comprehensive plans, zoning regulations, land development
4632regulations, and any applicable local environmental regulations
4633adopted pursuant to s. 403.182 or by other means. A change by
4634the responsible local government or local agency in local
4635comprehensive plans, zoning ordinances, or other regulations
4636made after the date required for the filing of the local
4637government's report required by this section is not applicable
4638to the certification of the proposed transmission line or
4639corridor unless the certification is denied or the application
4640is withdrawn.
4641     6.  Each regional planning council shall present a report
4642containing recommendations that address the impact upon the
4643public of the proposed transmission line or corridor based on
4644the degree to which the transmission line or corridor is
4645consistent with the applicable provisions of the strategic
4646regional policy plan adopted under chapter 186 and other impacts
4647of each proposed transmission line or corridor on matters within
4648its jurisdiction.
4649     7.  The Department of Transportation shall prepare a report
4650as to the impact of the proposed transmission line or corridor
4651on state roads, railroads, airports, aeronautics, seaports, and
4652other matters within its jurisdiction.
4653     8.  The commission shall prepare a report containing its
4654determination under s. 403.537, and the report may include the
4655comments from the commission with respect to any other subject
4656within its jurisdiction.
4657     9.  Any other agency, if requested by the department, shall
4658also perform studies or prepare reports as to subjects within
4659the jurisdiction of the agency which may potentially be affected
4660by the proposed transmission line.
4661     Section 83.  Subsection (4) and paragraph (a) of subsection
4662(6) of section 403.527, Florida Statutes, are amended to read:
4663     403.527  Certification hearing, parties, participants.--
4664     (4)(a)  One public hearing where members of the public who
4665are not parties to the certification hearing may testify shall
4666be held in conjunction with the certification hearing within the
4667boundaries of each county, at the option of any local
4668government.
4669     (b)  Upon the request of the local government, one public
4670hearing where members of the public who are not parties to the
4671certification hearing and who reside within the jurisdiction of
4672the local government may testify shall be held within the
4673boundaries of each county in which a local government that made
4674such a request is located.
4675     (c)(a)  A local government shall notify the administrative
4676law judge and all parties not later than 50 21 days after the
4677filing of the application has been determined complete as to
4678whether the local government wishes to have a public hearing
4679within the boundaries of its county. If a filing for an
4680alternate corridor is accepted for consideration under s.
4681403.5271(1) by the department and the applicant, any newly
4682affected local government must notify the administrative law
4683judge and all parties not later than 10 days after the data
4684concerning the alternate corridor has been determined complete
4685as to whether the local government wishes to have such a public
4686hearing. The local government is responsible for providing the
4687location of the public hearing if held separately from the
4688certification hearing.
4689     (d)(b)  Within 5 days after notification, the
4690administrative law judge shall determine the date of the public
4691hearing, which shall be held before or during the certification
4692hearing. If two or more local governments within one county
4693request a public hearing, the hearing shall be consolidated so
4694that only one public hearing is held in any county. The location
4695of a consolidated hearing shall be determined by the
4696administrative law judge.
4697     (e)(c)  If a local government does not request a public
4698hearing within 50 21 days after the filing of the application
4699has been determined complete, members of the public who are not
4700parties to the certification hearing and who reside persons
4701residing within the jurisdiction of the local government may
4702testify during the that portion of the certification hearing
4703held under paragraph (b) at which public testimony is heard.
4704     (6)(a)  No later than 29 25 days before the certification
4705hearing, the department or the applicant may request that the
4706administrative law judge cancel the certification hearing and
4707relinquish jurisdiction to the department if all parties to the
4708proceeding stipulate that there are no disputed issues of
4709material fact or law to be raised at the certification hearing.
4710     Section 84.  Paragraphs (b), (c), and (e) of subsection (1)
4711of section 403.5271, Florida Statutes, are amended to read:
4712     403.5271  Alternate corridors.--
4713     (1)  No later than 45 days before the originally scheduled
4714certification hearing, any party may propose alternate
4715transmission line corridor routes for consideration under the
4716provisions of this act.
4717     (b)1.  Within 7 days after receipt of the notice, the
4718applicant and the department shall file with the administrative
4719law judge and all parties a notice of acceptance or rejection of
4720a proposed alternate corridor for consideration. If the
4721alternate corridor is rejected by the applicant or the
4722department, the certification hearing and the public hearings
4723shall be held as scheduled. If both the applicant and the
4724department accept a proposed alternate corridor for
4725consideration, the certification hearing and the public hearings
4726shall be rescheduled, if necessary. If a filing for an alternate
4727corridor is accepted for consideration by the department and the
4728applicant, any newly affected local government must notify the
4729administrative law judge and all parties not later than 10 days
4730after the data concerning the alternate corridor has been
4731determined complete as to whether the local government wishes to
4732have such a public hearing. The local government is responsible
4733for providing the location of the public hearing if held
4734separately from the certification hearing. The provisions of s.
4735403.527(4)(b) and (c) shall apply. Notice of the local hearings
4736shall be published in accordance with s. 403.5363.
4737     2.  If rescheduled, the certification hearing shall be held
4738no more than 90 days after the previously scheduled
4739certification hearing, unless the data submitted under paragraph
4740(d) is determined to be incomplete, in which case the
4741rescheduled certification hearing shall be held no more than 105
4742days after the previously scheduled certification hearing. If
4743additional time is needed due to the alternate corridor crossing
4744a local government jurisdiction that was not previously
4745affected, the remainder of the schedule listed below shall be
4746appropriately adjusted by the administrative law judge to allow
4747that local government to prepare a report pursuant to s.
4748403.526(2)(a)5. Notice that the certification hearing has been
4749deferred due to the acceptance of the alternate corridor shall
4750be published in accordance with s. 403.5363.
4751     (c)  Notice of the filing of the alternate corridor, of the
4752revised time schedules, of the deadline for newly affected
4753persons and agencies to file notice of intent to become a party,
4754of the rescheduled hearing date, and of the proceedings shall be
4755published by the alternate proponent in accordance with s.
4756403.5363(2). If the notice is not timely published or does not
4757meet the notice requirements, the alternate shall be deemed
4758withdrawn.
4759     (e)1.  Reviewing agencies shall advise the department of
4760any issues concerning completeness no later than 15 days after
4761the submittal of the data required by paragraph (d). Within 22
4762days after receipt of the data, the department shall issue a
4763determination of completeness.
4764     2.  If the department determines that the data required by
4765paragraph (d) is not complete, the party proposing the alternate
4766corridor must file such additional data to correct the
4767incompleteness. This additional data must be submitted within 14
4768days after the determination by the department.
4769     3.  Reviewing agencies may advise the department of any
4770issues concerning completeness of the additional data within 10
4771days after the filing by the party proposing the alternate
4772corridor. If the department, within 14 days after receiving the
4773additional data, determines that the data remains incomplete,
4774the incompleteness of the data is deemed a withdrawal of the
4775proposed alternate corridor. The department may make its
4776determination based on recommendations made by other affected
4777agencies.
4778     Section 85.  Subsection (3) of section 403.5272, Florida
4779Statutes, is amended to read:
4780     403.5272  Informational public meetings.--
4781     (3)  A local government or regional planning council that
4782intends to conduct an informational public meeting must provide
4783notice of the meeting, with notice sent to all parties listed in
4784s. 403.527(2)(a), not less than 15 5 days before the meeting and
4785to the general public in accordance with s. 403.5363(4).
4786     Section 86.  Subsection (1) of section 403.5312, Florida
4787Statutes, is amended to read:
4788     403.5312  Filing of notice of certified corridor route.--
4789     (1)  Within 60 days after certification of a directly
4790associated transmission line under ss. 403.501-403.518 or a
4791transmission line corridor under ss. 403.52-403.5365, the
4792applicant shall file with the department and, in accordance with
4793s. 28.222, with the clerk of the circuit court for each county
4794through which the corridor will pass, a notice of the certified
4795route.
4796     Section 87.  Section 403.5363, Florida Statutes, is amended
4797to read:
4798     403.5363  Public notices; requirements.--
4799     (1)(a)  The applicant shall arrange for the publication of
4800the notices specified in paragraph (b).
4801     1.  The notices shall be published in newspapers of general
4802circulation within counties crossed by the transmission line
4803corridors proper for certification. The required newspaper
4804notices for filing of an application and for the certification
4805hearing shall be one-half page in size in a standard-size
4806newspaper or a full page in a tabloid-size newspaper and
4807published in a section of the newspaper other than the section
4808for legal notices. These two notices must include a map
4809generally depicting all transmission corridors proper for
4810certification. A newspaper of general circulation shall be the
4811newspaper within a county crossed by a transmission line
4812corridor proper for certification which newspaper has the
4813largest daily circulation in that county and has its principal
4814office in that county. If the newspaper having the largest daily
4815circulation has its principal office outside the county, the
4816notices must appear in both the newspaper having the largest
4817circulation in that county and in a newspaper authorized to
4818publish legal notices in that county.
4819     2.  The department shall adopt rules specifying the content
4820of the newspaper notices.
4821     3.  All notices published by the applicant shall be paid
4822for by the applicant and shall be in addition to the application
4823fee.
4824     (b)  Public notices that must be published under this
4825section include:
4826     1.  The notice of the filing of an application, which must
4827include a description of the proceedings required by this act.
4828The notice must describe the provisions of s. 403.531(1) and (2)
4829and give the date by which notice of intent to be a party or a
4830petition to intervene in accordance with s. 403.527(2) must be
4831filed. This notice must be published no more than 21 days after
4832the application is filed. The notice shall, at a minimum, be
4833one-half page in size in a standard-size newspaper or a full
4834page in a tabloid-size newspaper. The notice must include a map
4835generally depicting all transmission corridors proper for
4836certification.
4837     2.  The notice of the certification hearing and any other
4838public hearing held permitted under s. 403.527(4). The notice
4839must include the date by which a person wishing to appear as a
4840party must file the notice to do so. The notice of the
4841originally scheduled certification hearing must be published at
4842least 65 days before the date set for the certification hearing.
4843The notice shall meet the size and map requirements set forth in
4844subparagraph 1.
4845     3.  The notice of the cancellation of the certification
4846hearing under s. 403.527(6), if applicable. The notice must be
4847published at least 3 days before the date of the originally
4848scheduled certification hearing. The notice shall, at a minimum,
4849be one-fourth page in size in a standard-size newspaper or one-
4850half page in a tabloid-size newspaper. The notice shall not
4851require a map to be included.
4852     4.  The notice of the deferment of the certification
4853hearing due to the acceptance of an alternate corridor under s.
4854403.5272(1)(b)2. The notice must be published at least 7 days
4855before the date of the originally scheduled certification
4856hearing. The notice shall, at a minimum, be one-eighth page in
4857size in a standard-size newspaper or one-fourth page in a
4858tabloid-size newspaper. The notice shall not require a map to be
4859included.
4860     5.  If the notice of the rescheduled certification hearing
4861required of an alternate proponent under s. 403.5271(1)(c) is
4862not timely published or does not meet the notice requirements
4863such that an alternate corridor is withdrawn under the
4864provisions of s. 403.5271(1)(c), the notice of the rescheduled
4865hearing and any local hearings shall be provided by the
4866applicant at least 30 days prior to the rescheduled
4867certification hearing.
4868     6.4.  The notice of the filing of a proposal to modify the
4869certification submitted under s. 403.5315, if the department
4870determines that the modification would require relocation or
4871expansion of the transmission line right-of-way or a certified
4872substation.
4873     (2)(a)  Each The proponent of an alternate corridor shall
4874arrange for newspaper notice of the publication of the filing of
4875the proposal for an alternate corridor. If there is more than
4876one alternate proponent, the proponents may jointly publish
4877notice, so long as the content requirements below are met and
4878the maps are legible.
4879     (b)  The notice shall specify, the revised time schedules,
4880the date by which newly affected persons or agencies may file
4881the notice of intent to become a party, and the date of the
4882rescheduled hearing, and the date of any public hearing held
4883under s. 403.5271(1)(b)1.
4884     (c)  A notice listed in this subsection must be published
4885in a newspaper of general circulation within the county or
4886counties crossed by the proposed alternate corridor and comply
4887with the content, size, and map requirements set forth in this
4888section paragraph (1)(a).
4889     (d)  The notice of the alternate corridor proposal must be
4890published not less than 45 50 days before the rescheduled
4891certification hearing.
4892     (3)  The department shall arrange for the publication of
4893the following notices in the manner specified by chapter 120:
4894     (a)  The notice of the filing of an application and the
4895date by which a person intending to become a party must file a
4896petition to intervene or a notice of intent to be a party. The
4897notice must be published no later than 21 days after the
4898application has been filed.
4899     (b)  The notice of any administrative hearing for
4900certification, if applicable. The notice must be published not
4901less than 65 days before the date set for a hearing, except that
4902notice for a rescheduled certification hearing after acceptance
4903of an alternative corridor must be published not less than 50
4904days before the date set for the hearing.
4905     (c)  The notice of the cancellation of a certification
4906hearing under s. 403.527(6), if applicable. The notice must be
4907published not later than 7 days before the date of the
4908originally scheduled certification hearing.
4909     (d)  The notice of the deferment of the certification
4910hearing due to the acceptance of an alternate corridor under s.
4911403.5271(1)(b)2. The notice must be published at least 7 days
4912before the date of the originally scheduled certification
4913hearing.
4914     (e)(d)  The notice of the hearing before the siting board,
4915if applicable.
4916     (f)(e)  The notice of stipulations, proposed agency action,
4917or a petition for modification.
4918     (4)  A local government or regional planning council that
4919proposes to conduct an informational public meeting pursuant to
4920s. 403.5272 must publish notice of the meeting in a newspaper of
4921general circulation within the county or counties in which the
4922proposed electrical transmission line will be located no later
4923than 7 days prior to the meeting. A newspaper of general
4924circulation shall be the newspaper that has the largest daily
4925circulation in that county and has its principal office in that
4926county. If the newspaper with the largest daily circulation has
4927its principal office outside the county, the notices shall
4928appear in both the newspaper having the largest circulation in
4929that county and in a newspaper authorized to publish legal
4930notices in that county.
4931     Section 88.  Paragraphs (d) and (e) of subsection (1) of
4932section 403.5365, Florida Statutes, are amended to read:
4933     403.5365  Fees; disposition.--The department shall charge
4934the applicant the following fees, as appropriate, which, unless
4935otherwise specified, shall be paid into the Florida Permit Fee
4936Trust Fund:
4937     (1)  An application fee.
4938     (d)1.  Upon written request with proper itemized accounting
4939within 90 days after final agency action by the siting board or
4940the department or the written notification of the withdrawal of
4941the application, the agencies that prepared reports under s.
4942403.526 or s. 403.5271 or participated in a hearing under s.
4943403.527 or s. 403.5271 may submit a written request to the
4944department for reimbursement of expenses incurred during the
4945certification proceedings. The request must contain an
4946accounting of expenses incurred, which may include time spent
4947reviewing the application, preparation of any studies required
4948of the agencies by this act, agency travel and per diem to
4949attend any hearing held under this act, and for the local
4950government or regional planning council providing additional
4951notice of the informational public meeting. The department shall
4952review the request and verify whether a claimed expense is
4953valid. Valid expenses shall be reimbursed; however, if the
4954amount of funds available for reimbursement is insufficient to
4955provide for full compensation to the agencies, reimbursement
4956shall be on a prorated basis.
4957     2.  If the application review is held in abeyance for more
4958than 1 year, the agencies may submit a request for reimbursement
4959under subparagraph 1. This time period shall be measured from
4960the date the applicant has provided written notification to the
4961department that it desires to have the application review
4962process placed on hold. The fee disbursement shall be processed
4963in accordance with subparagraph 1.
4964     (e)  If any sums are remaining, the department shall retain
4965them for its use in the same manner as is otherwise authorized
4966by this section; however, if the certification application is
4967withdrawn, the remaining sums shall be refunded to the applicant
4968within 90 days after submittal of the written notification of
4969withdrawal.
4970     Section 89.  Subsection (6) of section 403.814, Florida
4971Statutes, is amended to read:
4972     403.814  General permits; delegation.--
4973     (6)  Construction and maintenance of electric transmission
4974or distribution lines in wetlands by electric utilities, as
4975defined in s. 366.02, shall be authorized by general permit
4976provided the following provisions are implemented:
4977     (a)  All permanent fill shall be at grade. Fill shall be
4978limited to that necessary for the electrical support structures,
4979towers, poles, guy wires, stabilizing backfill, and at-grade
4980access roads limited to 20-foot widths; and
4981     (b)  The permittee may utilize access and work areas
4982limited to the following: a linear access area of up to 25 feet
4983wide between electrical support structures, an access area of up
4984to 25 feet wide to electrical support structures from the edge
4985of the right-of-way, and a work area around the electrical
4986support structures, towers, poles, and guy wires. These areas
4987may be cleared to ground, including removal of stumps as
4988necessary; and
4989     (c)  Vegetation within wetlands may be cut or removed no
4990lower than the soil surface under the conductor, and 20 feet to
4991either side of the outermost conductor, while maintaining the
4992remainder of the project right-of-way within the wetland by
4993selectively clearing vegetation which has an expected mature
4994height above 14 feet. Brazilian pepper, Australian pine, and
4995melaleuca shall be eradicated throughout the wetland portion of
4996the right-of-way; and
4997     (d)  Erosion control methods shall be implemented as
4998necessary to ensure that state water quality standards for
4999turbidity are met. Diversion and impoundment of surface waters
5000shall be minimized; and
5001     (e)  The proposed construction and clearing shall not
5002adversely affect threatened and endangered species; and
5003     (f)  The proposed construction and clearing shall not
5004result in a permanent change in existing ground surface
5005elevation; and
5006     (g)  Where fill is placed in wetlands, the clearing to
5007ground of forested wetlands is restricted to 4.0 acres per 10-
5008mile section of the project, with no more than one impact site
5009exceeding 0.5 acres. The impact site which exceeds 0.5 acres
5010shall not exceed 2.0 acres. The total forested wetland clearing
5011to the ground per 10-mile section shall not exceed 15 acres. The
501210-mile sections shall be measured from the beginning to the
5013terminus, or vice versa, and the section shall not end in a
5014wetland; and
5015     (h)  The general permit authorized by this subsection shall
5016not apply in forested wetlands located within 550 feet from the
5017shoreline of a named water body designated as an Outstanding
5018Florida Water; and
5019     (i)  This subsection applies to transmission lines and
5020appurtenances certified under part II of this chapter. However,
5021the criteria of the general permit shall not affect the
5022authority of the siting board to condition certification of
5023transmission lines as authorized under part II of this chapter.
5024
5025Maintenance of existing electric lines and clearing of
5026vegetation in wetlands conducted without the placement of
5027structures in wetlands or other dredge and fill activities does
5028not require an individual or general construction permit. For
5029the purpose of this subsection, wetlands shall mean the landward
5030extent of waters of the state regulated under s. 403.927 ss.
5031403.91-403.929 and isolated and nonisolated wetlands regulated
5032under part IV of chapter 373. The provisions provided in this
5033subsection apply to the permitting requirements of the
5034department, any water management district, and any local
5035government implementing part IV of chapter 373 or part VIII of
5036this chapter.
5037     Section 90.  Section 489.145, Florida Statutes, is amended
5038to read:
5039     489.145  Guaranteed energy, water, and wastewater
5040performance savings contracting.--
5041     (1)  SHORT TITLE.--This section may be cited as the
5042"Guaranteed Energy, Water, and Wastewater Performance Savings
5043Contracting Act."
5044     (2)  LEGISLATIVE FINDINGS.--The Legislature finds that
5045investment in energy, water, and wastewater efficiency and
5046conservation measures in agency facilities can reduce the amount
5047of energy and water consumed and wastewater produced and produce
5048immediate and long-term savings. It is the policy of this state
5049to encourage each agency agencies to invest in energy, water,
5050and wastewater efficiency and conservation measures that reduce
5051energy consumption, produce a cost savings for the agency, and
5052improve the quality of indoor air in public facilities and to
5053operate, maintain, and, when economically feasible, build or
5054renovate existing agency facilities in such a manner as to
5055minimize energy and water consumption and wastewater production
5056and maximize energy, water, and wastewater savings. It is
5057further the policy of this state to encourage agencies to
5058reinvest any energy savings resulting from energy, water, and
5059wastewater efficiency and conservation measures in additional
5060energy, water, and wastewater efficiency and conservation
5061measures efforts.
5062     (3)  DEFINITIONS.--As used in this section, the term:
5063     (a)  "Agency" means the state, a municipality, or a
5064political subdivision.
5065     (b)  "Energy, water, and wastewater efficiency and
5066conservation measure" means a training program incidental to the
5067contract, facility alteration, or equipment purchase to be used
5068in new construction, including an addition to an existing
5069facilities or infrastructure facility, which reduces energy or
5070water consumption, wastewater production, or energy-related
5071operating costs and includes, but is not limited to:
5072     1.  Insulation of the facility structure and systems within
5073the facility.
5074     2.  Storm windows and doors, caulking or weatherstripping,
5075multiglazed windows and doors, heat-absorbing, or heat-
5076reflective, glazed and coated window and door systems,
5077additional glazing, reductions in glass area, and other window
5078and door system modifications that reduce energy consumption.
5079     3.  Automatic energy control systems.
5080     4.  Heating, ventilating, or air-conditioning system
5081modifications or replacements.
5082     5.  Replacement or modifications of lighting fixtures to
5083increase the energy efficiency of the lighting system, which, at
5084a minimum, must conform to the applicable state or local
5085building code.
5086     6.  Energy recovery systems.
5087     7.  Cogeneration systems that produce steam or forms of
5088energy such as heat, as well as electricity, for use primarily
5089within a facility or complex of facilities.
5090     8.  Energy conservation measures that reduce British
5091thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
5092consumed or provide long-term operating cost reductions or
5093significantly reduce Btu consumed.
5094     9.  Renewable energy systems, such as solar, biomass, or
5095wind systems.
5096     10.  Devices that reduce water consumption or sewer
5097charges.
5098     11.  Energy storage systems, such as fuel cells and thermal
5099storage.
5100     12.  Energy-generating generating technologies, such as
5101microturbines.
5102     13.  Any other repair, replacement, or upgrade of existing
5103equipment.
5104     (c)  "Energy, water, or wastewater cost savings" means a
5105measured reduction in the cost of fuel, energy or water
5106consumption, wastewater production, and stipulated operation and
5107maintenance created from the implementation of one or more
5108energy, water, or wastewater efficiency or conservation measures
5109when compared with an established baseline for the previous cost
5110of fuel, energy or water consumption, wastewater production, and
5111stipulated operation and maintenance.
5112     (d)  "Guaranteed energy, water, and wastewater performance
5113savings contract" means a contract for the evaluation,
5114recommendation, and implementation of energy, water, or
5115wastewater efficiency or conservation measures, which, at a
5116minimum, shall include:
5117     1.  The design and installation of equipment to implement
5118one or more of such measures and, if applicable, operation and
5119maintenance of such measures.
5120     2.  The amount of any actual annual savings that meet or
5121exceed total annual contract payments made by the agency for the
5122contract and may include allowable cost avoidance if determined
5123appropriate by the Chief Financial Officer.
5124     3.  The finance charges incurred by the agency over the
5125life of the contract.
5126     (e)  "Guaranteed energy, water, and wastewater performance
5127savings contractor" means a person or business that is licensed
5128under chapter 471, chapter 481, or this chapter, and is
5129experienced in the analysis, design, implementation, or
5130installation of energy, water, and wastewater efficiency and
5131conservation measures through energy performance contracts.
5132     (4)  PROCEDURES.--
5133     (a)  An agency may enter into a guaranteed energy, water,
5134and wastewater performance savings contract with a guaranteed
5135energy, water, and wastewater performance savings contractor to
5136significantly reduce energy or water consumption, wastewater
5137production, or energy-related operating costs of an agency
5138facility through one or more energy, water, or wastewater
5139efficiency or conservation measures.
5140     (b)  Before design and installation of energy, water, or
5141wastewater efficiency and conservation measures, the agency must
5142obtain from a guaranteed energy, water, and wastewater
5143performance savings contractor a report that summarizes the
5144costs associated with the energy, water, or wastewater
5145efficiency and conservation measures or energy-related
5146operational cost saving measures and provides an estimate of the
5147amount of the energy cost savings. The agency and the guaranteed
5148energy, water, and wastewater performance savings contractor may
5149enter into a separate agreement to pay for costs associated with
5150the preparation and delivery of the report; however, payment to
5151the contractor shall be contingent upon the report's projection
5152of energy, water, and wastewater cost savings being equal to or
5153greater than the total projected costs of the design and
5154installation of the report's energy conservation measures.
5155     (c)  The agency may enter into a guaranteed energy, water,
5156and wastewater performance savings contract with a guaranteed
5157energy, water, and wastewater performance savings contractor if
5158the agency finds that the amount the agency would spend on the
5159energy, water, and wastewater efficiency and conservation
5160measures will not likely exceed the amount of the energy cost
5161savings for up to 20 years from the date of installation, based
5162on the life cycle cost calculations provided in s. 255.255, if
5163the recommendations in the report were followed and if the
5164qualified provider or providers give a written guarantee that
5165the energy cost savings will meet or exceed the costs of the
5166system. However, actual computed cost savings must meet or
5167exceed the estimated cost savings provided in each agency's
5168program approval. Baseline adjustments used in calculations must
5169be specified in the contract. The contract may provide for
5170installment payments for a period not to exceed 20 years.
5171     (d)  A guaranteed energy, water, and wastewater performance
5172savings contractor must be selected in compliance with s.
5173287.055; except that if fewer than three firms are qualified to
5174perform the required services, the requirement for agency
5175selection of three firms, as provided in s. 287.055(4)(b), and
5176the bid requirements of s. 287.057 do not apply.
5177     (e)  Before entering into a guaranteed energy, water, and
5178wastewater performance savings contract, an agency must provide
5179published notice of the meeting in which it proposes to award
5180the contract, the names of the parties to the proposed contract,
5181and the contract's purpose.
5182     (f)  A guaranteed energy, water, and wastewater performance
5183savings contract may provide for financing, including tax-exempt
5184financing, by a third party. The contract for third-party third
5185party financing may be separate from the energy, water, and
5186wastewater performance contract. A separate contract for third-
5187party third party financing under this paragraph must include a
5188provision that the third-party third party financier must not be
5189granted rights or privileges that exceed the rights and
5190privileges available to the guaranteed energy, water, and
5191wastewater performance savings contractor.
5192     (g)  Financing for guaranteed energy, water, and wastewater
5193performance savings contracts may be provided under the
5194authority of s. 287.064.
5195     (h)  The Office of the Chief Financial Officer shall review
5196proposals from state agencies to ensure that the most effective
5197financing is being used.
5198     (i)  Annually, the agency that has entered into the
5199contract shall provide the Department of Management Services and
5200the Chief Financial Officer the measurement and verification
5201report required by the contract to validate that savings have
5202occurred.
5203     (j)(g)  In determining the amount the agency will finance
5204to acquire the energy, water, and wastewater efficiency and
5205conservation measures, the agency may reduce such amount by the
5206application of any grant moneys, rebates, or capital funding
5207available to the agency for the purpose of buying down the cost
5208of the guaranteed energy, water, and wastewater performance
5209savings contract. However, in calculating the life cycle cost as
5210required in paragraph (c), the agency shall not apply any
5211grants, rebates, or capital funding.
5212     (5)  CONTRACT PROVISIONS.--
5213     (a)  A guaranteed energy, water, and wastewater performance
5214savings contract must include a written guarantee that may
5215include, but is not limited to the form of, a letter of credit,
5216insurance policy, or corporate guarantee by the guaranteed
5217energy, water, and wastewater performance savings contractor
5218that annual energy cost savings will meet or exceed the
5219amortized cost of energy, water, and wastewater efficiency and
5220conservation measures.
5221     (b)  The guaranteed energy, water, and wastewater
5222performance savings contract must provide that all payments,
5223except obligations on termination of the contract before its
5224expiration, may be made over time, but not to exceed 20 years
5225from the date of complete installation and acceptance by the
5226agency, and that the annual savings are guaranteed to the extent
5227necessary to make annual payments to satisfy the guaranteed
5228energy, water, and wastewater performance savings contract.
5229     (c)  The guaranteed energy, water, and wastewater
5230performance savings contract must require that the guaranteed
5231energy, water, and wastewater performance savings contractor to
5232whom the contract is awarded provide a 100-percent public
5233construction bond to the agency for its faithful performance, as
5234required by s. 255.05.
5235     (d)  The guaranteed energy, water, and wastewater
5236performance savings contract may contain a provision allocating
5237to the parties to the contract any annual energy cost savings
5238that exceed the amount of the energy cost savings guaranteed in
5239the contract.
5240     (e)  The guaranteed energy, water, and wastewater
5241performance savings contract shall require the guaranteed
5242energy, water, and wastewater performance savings contractor to
5243provide to the agency an annual reconciliation of the guaranteed
5244energy or associated cost savings. If the reconciliation reveals
5245a shortfall in annual energy or associated cost savings, the
5246guaranteed energy, water, and wastewater performance savings
5247contractor is liable for such shortfall. If the reconciliation
5248reveals an excess in annual energy cost savings, the excess
5249savings may be allocated under paragraph (d) but may not be used
5250to cover potential energy or associated cost savings shortages
5251in subsequent contract years.
5252     (f)  The guaranteed energy, water, and wastewater
5253performance savings contract must provide for payments of not
5254less than one-twentieth of the price to be paid within 2 years
5255from the date of the complete installation and acceptance by the
5256agency using straight-line amortization for the term of the
5257loan, and the remaining costs to be paid at least quarterly, not
5258to exceed a 20-year term, based on life cycle cost calculations.
5259     (g)  The guaranteed energy, water, and wastewater
5260performance savings contract may extend beyond the fiscal year
5261in which it becomes effective; however, the term of any contract
5262expires at the end of each fiscal year and may be automatically
5263renewed annually for up to 20 years, subject to the agency
5264making sufficient annual appropriations based upon continued
5265realized energy, water, and wastewater savings.
5266     (h)  The guaranteed energy, water, and wastewater
5267performance savings contract must stipulate that it does not
5268constitute a debt, liability, or obligation of the state.
5269     (6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
5270Department of Management Services, with the assistance of the
5271Office of the Chief Financial Officer, shall may, within
5272available resources, provide technical content assistance to
5273state agencies contracting for energy, water, and wastewater
5274efficiency and conservation measures and engage in other
5275activities considered appropriate by the department for
5276promoting and facilitating guaranteed energy, water, and
5277wastewater performance contracting by state agencies. The
5278Department of Management Services shall review the investment-
5279grade audit for each proposed project and certify that the cost
5280savings are appropriate and sufficient for the term of the
5281contract. The Office of the Chief Financial Officer, with the
5282assistance of the Department of Management Services, shall may,
5283within available resources, develop model contractual and
5284related documents for use by state agencies. Prior to entering
5285into a guaranteed energy, water, and wastewater performance
5286savings contract, any contract or lease for third-party
5287financing, or any combination of such contracts, a state agency
5288shall submit such proposed contract or lease to the Office of
5289the Chief Financial Officer for review and approval. A proposed
5290contract or lease shall include:
5291     (a)  Supporting information required by s. 216.023(4)(a)9.
5292in ss. 287.063(5) and 287.064(11). For contracts approved under
5293this section, the criteria may, add a minimum, include the
5294specification of a benchmark cost of capital and minimum real
5295rate of return on energy, water, or wastewater savings against
5296which proposals shall be evaluated.
5297     (b)  Documentation supporting recurring funds requirements
5298in ss. 287.063(5) and 287.064(11).
5299     (c)  Approval by the head of the agency or his or her
5300designee.
5301     (d)  An agency measurement and verification plan to monitor
5302cost savings.
5303     (7)  FUNDING SUPPORT.--For purposes of consolidated
5304financing of deferred payment commodity contracts under this
5305section by an agency, any such contract must be supported from
5306available funds appropriated to the agency in an appropriation
5307category, as defined in chapter 216, that the Chief Financial
5308Officer has determined is appropriate or that the Legislature
5309has designated for payment of the obligation incurred under this
5310section.
5311
5312The Office of the Chief Financial Officer shall not approve any
5313contract submitted under this section from a state agency that
5314does not meet the requirements of this section.
5315     Section 91.  Section 526.201, Florida Statutes, is created
5316to read:
5317     526.201  Short title.--Sections 526.201-526.207 may be
5318cited as the "Florida Renewable Fuel Standard Act."
5319     Section 92.  Section 526.202, Florida Statutes, is created
5320to read:
5321     526.202  Legislative findings.--The Legislature finds it is
5322vital to the public interest and to the state's economy to
5323establish a market and the necessary infrastructure for
5324renewable fuels in this state by requiring that all gasoline
5325fuel offered for sale in this state include a percentage of
5326agriculturally derived, denatured ethanol. The Legislature
5327further finds that the use of renewable fuel reduces greenhouse
5328gas emissions and dependence on imports of foreign oil, improves
5329the health and quality of life for Floridians, and stimulates
5330economic development and the creation of a sustainable industry
5331that combines agricultural production with state-of-the-art
5332technology.
5333     Section 93.  Section 526.203, Florida Statutes, is created
5334to read:
5335     526.203  Renewable fuel standard.--
5336     (1)  DEFINITIONS.--As used in this act:
5337     (a)  "Blender," "importer," "terminal supplier," and
5338"wholesaler" are defined as provided in s. 206.01.
5339     (b)  "Blended gasoline" means a mixture of 90 percent
5340gasoline and 10 percent fuel ethanol meeting the specifications
5341adopted by the Department of Agriculture and Consumer Services.
5342The 10-percent fuel ethanol portion may be derived from any
5343agricultural source.
5344     (c)  "Fuel ethanol" means an anhydrous denatured alcohol
5345produced by the conversion of carbohydrates meeting the
5346specifications adopted by the Department of Agriculture and
5347Consumer Services.
5348     (d)  "Unblended gasoline" means gasoline that has not been
5349blended with fuel ethanol meeting the specifications adopted by
5350the Department of Agriculture and Consumer Services.
5351     (e)  "10 percent" means 9 to 10 percent ethanol by volume.
5352     (2)  FUEL STANDARD.--Beginning December 31, 2010, all
5353gasoline sold or offered for sale in the state by a terminal
5354supplier, importer, blender, or wholesaler shall contain, at a
5355minimum, 10 percent of agriculturally derived, denatured fuel
5356ethanol by volume.
5357     (3)  EXEMPTIONS.--The requirements of this act do not apply
5358to the following:
5359     (a)  Fuel used in aircraft.
5360     (b)  Fuel sold at marinas and mooring docks for use in
5361boats and similar watercraft.
5362     (c)  Fuel sold to a blender.
5363     (d)  Fuel sold for use in collector vehicles or vehicles
5364eligible to be licensed as collector vehicles, off-road
5365vehicles, motorcycles, or small engines.
5366     (e)  Fuel unable to comply due to requirements of the
5367United States Environmental Protection Agency.
5368     (f)  Fuel bulk transferred between terminals.
5369     (g)  Fuel exported from the state in accordance with s.
5370206.052.
5371     (h)  Fuel qualifying for any exemption in accordance with
5372chapter 206.
5373     (i)  Fuel at an electric power plant that is regulated by
5374the United States Nuclear Regulatory Commission unless such
5375commission has approved the use of fuel meeting the requirements
5376of subsection (2).
5377     (j)  Fuel for a railroad locomotive.
5378     (k)  Fuel for equipment, including vehicles or vessels,
5379covered by a warranty that would be voided, if explicitly stated
5380in writing by the manufacturer, if it were to be operated using
5381fuel meeting the requirements of subsection (2).
5382     (4)  REPORT.--Pursuant to s. 206.43, each terminal
5383supplier, importer, blender, and wholesaler shall include in its
5384report to the Department of Revenue the number of gallons of
5385gasoline fuel meeting and not meeting the requirements of this
5386act that are sold and delivered by the terminal supplier,
5387importer, blender, or wholesaler in the state and the county to
5388which the gasoline was delivered for resale at retail or use.
5389     Section 94.  Section 526.204, Florida Statutes, is created
5390to read:
5391     526.204  Waivers and suspensions.--
5392     (1)  If a terminal supplier, importer, blender, or
5393wholesaler is unable to obtain fuel ethanol or blended gasoline
5394at the same or a lower price as unblended gasoline, the sale or
5395delivery of unblended gasoline by the terminal supplier,
5396importer, blender, or wholesaler shall not be deemed a violation
5397of this act. The terminal supplier, importer, blender, or
5398wholesaler shall, upon request of the Department of Revenue or
5399the Department of Agriculture and Consumer Services, provide the
5400required documentation regarding the sales transaction and price
5401of fuel ethanol, blended gasoline, and unblended gasoline to the
5402department making the request.
5403     (2)  To account for supply disruptions and ensure reliable
5404supplies of motor fuels in the state, the requirements of this
5405act shall be suspended when the provisions of s. 252.36(2) in
5406any area of the state are in effect plus an additional 30 days.
5407     Section 95.  Section 526.205, Florida Statutes, is created
5408to read:
5409     526.205  Enforcement.--
5410     (1)  It is unlawful to sell or distribute, or offer for
5411sale or distribution, any gasoline that fails to meet the
5412requirements of this act.
5413     (2)  Upon determining that a terminal supplier, importer,
5414blender, or wholesaler is not meeting the requirements of s.
5415526.203(2), the Department of Revenue shall notify the
5416Department of Agriculture and Consumer Services.
5417     (3)  Upon notification by the Department of Revenue of a
5418violation of this act, the Department of Agriculture and
5419Consumer Services shall, subject to subsection (1), grant an
5420extension or enter an order imposing one or more of the
5421following penalties:
5422     (a)  Issuance of a warning letter.
5423     (b)  Imposition of an administrative fine of not more than
5424$1,000 per violation for a first-time offender. For a second-
5425time or repeat offender, or for any person who is shown to have
5426willfully and intentionally violated any provision of this act,
5427the administrative fine shall not exceed $5,000 per violation.
5428When imposing any fine under this section, the department shall
5429consider the monetary benefit to the violator as a result of
5430noncompliance, whether the violation was committed willfully,
5431and the compliance record of the violator.
5432     (4)  Any terminal supplier, importer, blender, or
5433wholesaler may apply to the Department of Agriculture and
5434Consumer Services by September 30, 2010, for an extension of
5435time to comply with the requirements of this act. The
5436application for an extension shall demonstrate that the
5437applicant has made a good faith effort to comply with the
5438requirements but has been unable to do so for reasons beyond the
5439applicant's control, such as delays in receiving governmental
5440permits. The department shall review each application and make a
5441determination as to whether the failure to comply was beyond the
5442control of the applicant. If the department determines that the
5443applicant made a good faith effort to comply but was unable to
5444do so for reasons beyond the applicant's control, the department
5445shall grant an extension of time determined necessary for the
5446applicant to comply. If no extension is granted, the department
5447shall proceed with enforcement pursuant to subsection (3).
5448     Section 96.  Section 526.206, Florida Statutes, is created
5449to read:
5450     526.206  Rules.--The Department of Revenue and the
5451Department of Agriculture and Consumer Services are authorized
5452to adopt rules pursuant to ss. 120.536(1) and 120.54 to
5453implement the provisions of this act.
5454     Section 97.  Section 526.207, Florida Statutes, is created
5455to read:
5456     526.207  Studies and reports.--
5457     (1)  The Florida Energy and Climate Commission shall
5458conduct a study to evaluate and recommend the life-cycle
5459greenhouse gas emissions associated with all renewable fuels,
5460including, but not limited to, biodiesel, renewable diesel,
5461biobutanol, and ethanol derived from any source. In addition,
5462the commission shall evaluate and recommend a requirement that
5463all renewable fuels introduced into commerce in the state, as a
5464result of the renewable fuel standard, reduce the life-cycle
5465greenhouse gas emissions by an average percentage. The
5466commission may also evaluate and recommend any benefits
5467associated with the creation, banking, transfer, and sale of
5468credits among fuel refiners, blenders, and importers.
5469     (2)  The Florida Energy and Climate Commission shall submit
5470a report containing specific recommendations to the President of
5471the Senate and the Speaker of the House of Representatives no
5472later than December 31, 2010.
5473     Section 98.  Paragraph (a) of subsection (6) of section
5474553.73, Florida Statutes, is amended to read:
5475     553.73  Florida Building Code.--
5476     (6)(a)  The commission, by rule adopted pursuant to ss.
5477120.536(1) and 120.54, shall update the Florida Building Code
5478every 3 years. When updating the Florida Building Code, the
5479commission shall select the most current version of the
5480International Building Code, the International Fuel Gas Code,
5481the International Mechanical Code, the International Plumbing
5482Code, and the International Residential Code, all of which are
5483adopted by the International Code Council, and the National
5484Electrical Code, which is adopted by the National Fire
5485Protection Association, to form the foundation codes of the
5486updated Florida Building Code, if the version has been adopted
5487by the applicable model code entity and made available to the
5488public at least 6 months prior to its selection by the
5489commission. The commission shall select the most current version
5490of the International Energy Conservation Code (IECC) as a
5491foundation code; however, the IECC shall be modified by the
5492commission to maintain the overall efficiencies of the Florida
5493Energy Efficiency Code for Building Construction adopted and
5494amended pursuant to part IV of this chapter.
5495     Section 99.  Section 553.9061, Florida Statutes, is created
5496to read:
5497     553.9061  Scheduled increases in thermal efficiency
5498standards.--
5499     (1)  The purpose of this section is to establish a schedule
5500of increases in the energy performance of buildings subject to
5501the Florida Energy Efficiency Code for Building Construction.
5502The Florida Building Commission shall:
5503     (a)  Include the necessary provisions by the 2010 edition
5504of the Florida Energy Efficiency Code for Building Construction
5505to increase the energy performance of new buildings by at least
550620 percent as compared to the energy efficiency provisions of
5507the 2007 Florida Building Code adopted October 31, 2007.
5508     (b)  Increase energy efficiency requirements by the 2013
5509edition of the Florida Energy Efficiency Code for Building
5510Construction by at least 30 percent as compared to the energy
5511efficiency provisions of the 2007 Florida Building Code adopted
5512October 31, 2007.
5513     (c)  Increase energy efficiency requirements by the 2016
5514edition of the Florida Energy Efficiency Code for Building
5515Construction by at least 40 percent as compared to the energy
5516efficiency provisions of the 2007 Florida Building Code adopted
5517October 31, 2007.
5518     (d)  Increase energy efficiency requirements by the 2019
5519edition of the Florida Energy Efficiency Code for Building
5520Construction by at least 50 percent as compared to the energy
5521efficiency provisions of the 2007 Florida Building Code adopted
5522October 31, 2007.
5523     (2)  The Florida Building Commission shall identify within
5524code support and compliance documentation the specific building
5525options and elements available to meet the energy performance
5526goals established in subsection (1).
5527     (3)  The Florida Building Commission shall, prior to
5528implementing the goals established in subsection (1), adopt by
5529rule and implement a cost-effectiveness test for proposed
5530increases in energy efficiency. The cost-effectiveness test
5531shall measure cost-effectiveness to the average consumer and
5532shall ensure that energy efficiency increases result in a
5533positive net financial impact to the average consumer. The rule
5534shall not become effective until the conclusion of the next
5535regular session of the Legislature following its adoption.
5536     Section 100.  Subsection (1) of section 553.909, Florida
5537Statutes, is amended, subsections (3) and (4) are renumbered as
5538subsections (4) and (5), respectively, and a new subsection (3)
5539is added to that section, to read:
5540     553.909  Setting requirements for appliances; exceptions.--
5541     (1)  The Florida Energy Efficiency Code for Building
5542Construction shall set the minimum requirements for commercial
5543or residential swimming pool pumps, swimming pool water heaters,
5544and heat traps and thermostat settings for water heaters used to
5545heat potable water sold for residential use. The code shall
5546further establish the minimum acceptable standby loss for
5547electric water heaters and the minimum recovery efficiency and
5548standby loss for water heaters fueled by natural gas or
5549liquefied petroleum gas.
5550     (3)  Commercial or residential swimming pool pumps or water
5551heaters sold after July 1, 2011, shall comply with the
5552requirements of this subsection. Natural gas pool heaters shall
5553not be equipped with constantly burning pilots. Heat pump pool
5554heaters shall have a coefficient of performance at low
5555temperature of not less than 4.0. The thermal efficiency of gas-
5556fired pool heaters and oil-fired pool heaters shall not be less
5557than 80 percent. All pool heaters shall have a readily
5558accessible on-off switch that is mounted outside the heater and
5559that allows shutting off the heater without adjusting the
5560thermostat setting.
5561     Section 101.  Subsection (1) of section 553.957, Florida
5562Statutes, is amended to read:
5563     553.957  Products covered by this part.--
5564     (1)  The provisions of this part apply to the testing,
5565certification, and enforcement of energy conservation standards
5566for the following types of new commercial and residential
5567products sold in the state:
5568     (a)  Refrigerators, refrigerator-freezers, and freezers
5569which can be operated by alternating current electricity,
5570excluding:
5571     1.  Any type designed to be used without doors; and
5572     2.  Any type which does not include a compressor and
5573condenser unit as an integral part of the cabinet assembly.
5574     (b)  Lighting equipment.
5575     (c)  Showerheads.
5576     (d)  Water heaters used to heat potable water in homes or
5577businesses.
5578     (e)  Swimming pool pumps.
5579     (f)  Water heaters for swimming pools.
5580     (g)(d)  Any other type of consumer product which the
5581department classifies as a covered product as specified in this
5582part.
5583     Section 102.  (1)  By July 1, 2009, the Agency for
5584Enterprise Information Technology shall define objective
5585standards for:
5586     (a)  Measuring data center energy consumption and
5587efficiency, including, but not limited to, airflow and cooling,
5588power consumption and distribution, and environmental control
5589systems in a data center facility.
5590     (b)  Calculating total cost of ownership of energy-
5591efficient information technology products, including initial
5592purchase, installation, ongoing operation and maintenance, and
5593disposal costs over the life cycle of the product.
5594     (2)  State data centers and computing facilities designated
5595by the Agency for Enterprise Information Technology shall
5596evaluate their data center facilities for energy efficiency
5597using the standards established pursuant to this section.
5598     (a)  Results of these evaluations shall be reported to the
5599Agency for Enterprise Information Technology, the President of
5600the Senate, and the Speaker of the House of Representatives.
5601Reports shall enable the tracking of energy performance over
5602time and comparisons between facilities.
5603     (b)  By December 31, 2010, and annually thereafter, the
5604Agency for Enterprise Information Technology shall submit to the
5605Legislature recommendations for reducing energy consumption and
5606improving the energy efficiency of state data centers.
5607     (3)  When the total cost of ownership of an energy-
5608efficient product is less than or equal to the cost of the
5609existing data center facility or infrastructure, technical
5610specifications for energy-efficient products should be
5611incorporated in the plans and processes for replacing,
5612upgrading, or expanding data center facilities or
5613infrastructure, including, but not limited to, network, storage,
5614or computer equipment and software.
5615     Section 103.  Section 1004.648, Florida Statutes, is
5616created to read:
5617     1004.648  Florida Energy Systems Consortium.--
5618     (1)(a)  There is created the Florida Energy Systems
5619Consortium to promote collaboration between experts in the State
5620University System for the purpose of developing and implementing
5621a comprehensive, long-term, environmentally compatible,
5622sustainable, and efficient energy strategic plan for the state.
5623The consortium shall focus on an overall broad systems approach
5624from energy resource to consumer and for producing innovative
5625energy systems that will lead to alternative energy strategies,
5626improved energy efficiencies, and expanded economic development
5627for the state.
5628     (b)  Through collaborative research and development across
5629the State University System and industry, the goal of the
5630consortium is to become a world leader in energy research,
5631education, technology, and energy systems analysis. In so doing,
5632the consortium shall:
5633     1.  Coordinate and initiate increased collaborative
5634interdisciplinary energy research among universities and the
5635energy industry.
5636     2.  Create a Florida energy technology industry.
5637     3.  Provide a state resource for objective energy systems
5638analysis.
5639     4.  Develop education and outreach programs to prepare a
5640qualified energy workforce and an informed public.
5641     5.  Expedite commercialization of innovative energy
5642technologies by taking advantage of State University System
5643energy expertise, high-technology incubators, industrial parks,
5644and industry-driven research centers to attract companies to
5645establish manufacturing in the state and transition technologies
5646into the state economy.
5647     (2)  The consortium shall consist of the University of
5648Florida, Florida State University, the University of South
5649Florida, the University of Central Florida, and Florida Atlantic
5650University. The consortium shall be administered at the
5651University of Florida by a director who shall report to an
5652oversight board, which shall consist of the Vice President for
5653Research at each of the five universities. The board shall have
5654ultimate responsibility for both the technical performance and
5655financial management of the consortium. In performing its
5656activities, the consortium shall collaborate with the Florida
5657Energy and Climate Commission as well as with industry and other
5658affected parties.
5659     (3)(a)  To promote collaboration between researchers within
5660the State University System, with industry, and with other
5661external partners, the consortium shall receive input from an
5662external, industry-dominated advisory board.
5663     (b)  A university council, which shall consist of one
5664member from each university designated by the corresponding Vice
5665President for Research, shall provide guidance to the director
5666on vision and direction.
5667     (c)  A steering committee, consisting of the advisory
5668board, the chair of the Florida Energy and Climate Commission,
5669and the university council, shall be responsible for
5670establishing and assuring the success of the consortium's
5671strategic plan.
5672     (4)  Through research and instructional programs, the
5673faculty associated with the consortium shall coordinate a
5674statewide workforce development initiative focusing on college-
5675level degrees, technician training, and public and commercial
5676sectors awareness. The consortium shall develop specific
5677programs targeted at preparing graduates with a background in
5678energy, continuing education courses for technical and
5679nontechnical professionals, and modules, laboratories, and
5680courses to be shared among the universities. The consortium
5681shall work with the Florida Community College System using the
5682Florida Advanced Technological Education Center for the
5683coordination and design of industry-specific training programs
5684for technicians.
5685     (5)  The consortium shall solicit and leverage state,
5686federal, and private funds for the purpose of conducting
5687education, research, and development in the area of sustainable
5688energy. The oversight board shall ensure that the consortium
5689maintains accurate records of any funds received by the
5690consortium.
5691     (6)  By November 1 of each year, the consortium shall
5692submit a report to the Governor, the President of the Senate,
5693the Speaker of the House of Representatives, and the Florida
5694Energy and Climate Commission regarding its activities,
5695including, but not limited to, education, research, development,
5696and deployment of alternative energy technologies.
5697     Section 104.  Woody biomass economic study.--The Department
5698of Agriculture and Consumer Services, in conjunction with the
5699Department of Environmental Protection, shall conduct an
5700economic impact analysis on the effects of granting financial
5701incentives to energy producers who use woody biomass as fuel,
5702including an analysis of effects on wood supply and prices and
5703impacts on current markets and forest sustainability. The
5704departments shall prepare and submit a report on the results of
5705the analysis to the Governor, the President of the Senate, and
5706the Speaker of the House of Representatives no later than March
57071, 2010.
5708     Section 105.  Sections 377.701, 377.901, 553.951, 553.953,
5709553.954, 553.955, 553.957, 553.959, 553.961, 553.963, 553.968,
5710553.969, 553.971, 553.973, and 553.975, Florida Statutes, are
5711repealed.
5712     Section 106.  Except as otherwise expressly provided in
5713this act, this act shall take effect July 1, 2008.


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