October 20, 2020
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HB 7135

1
A bill to be entitled
2An act relating to energy; amending s. 74.051, F.S.;
3providing that it is the intent of the Legislature for a
4court, when practicable, to conduct a hearing and issue an
5order on a petition for a taking within a specified time;
6amending s. 110.171, F.S.; requiring each state agency to
7complete a telecommuting program by a specified date which
8includes a listing of the job classifications and
9positions that the state agency considers appropriate for
10telecommuting; providing requirements for the
11telecommuting program; requiring each state agency to post
12the telecommuting program on its Internet website;
13amending s. 163.04, F.S.; clarifying that condominium
14declarations may not prohibit renewable energy devices;
15removes three-story height restriction for installation of
16solar collectors on condominiums; amending s. 186.007,
17F.S.; authorizing the Executive Office of the Governor to
18include in the state comprehensive plan goals, objectives,
19and policies related to energy and global climate change;
20amending s. 187.201, F.S.; expanding the air quality,
21energy, and land use goals of the State Comprehensive Plan
22to include the development of low-carbon-emitting electric
23power plants, the reduction of atmospheric carbon dioxide,
24the promotion of the use and development of renewable
25energy resources, and provide for the siting of low carbon
26emitting electric power plants, including nuclear plants;
27amending ss. 196.012 and 196.175, F.S.; deleting outdated,
28obsolete language; removing the expiration date of the
29property tax exemption for real property on which a
30renewable energy source device is installed and revising
31the options for calculating the amount of the exemption;
32amending s. 206.43, F.S.; requiring each terminal
33supplier, importer, blender, and wholesaler to provide in
34a report to the Department of Revenue the number of
35gallons of blended and unblended gasoline sold; amending
36s. 212.08, F.S.; revising the definition of "ethanol";
37specifying eligible items as limited to one refund;
38requiring a person who receives a refund to notify a
39subsequent purchaser of such refund; transferring certain
40duties and responsibilities from the Department of
41Environmental Protection to the Florida Energy and Climate
42Commission; requiring the Florida Energy and Climate
43Commission to adopt, by rule, an application form for
44claiming a tax exemption; amending s. 220.191, F.S.;
45providing that certain qualifying projects are eligible to
46transfer capital investment tax credits to other
47businesses under certain circumstances; providing
48limitations on the use of such transferred credits;
49specifying requirements for such transfers; amending s.
50220.192, F.S.; defining terms related to a tax credit;
51allowing the tax credit to be transferred for a specified
52period; providing procedures and requirements; requiring
53the Department of Revenue to adopt rules for
54implementation and administration of the program;
55transferring certain duties and responsibilities from the
56Department of Environmental Protection to the Florida
57Energy and Climate Commission; amending s. 220.193, F.S.;
58defining the terms "sale" or "sold"; defining the term
59"taxpayer"; providing for retroactivity; providing that
60the use of the renewable energy production credit does not
61reduce the alternative minimum tax credit; amending s.
62253.02, F.S.; authorizing the Board of Trustees of the
63Internal Improvement Trust Fund to delegate authority to
64grant easements across lands owned by the Board of
65Trustees of the Internal Improvement Trust Fund to the
66Secretary of Environmental Protection under certain
67conditions; amending s. 255.249, F.S.; requiring state
68agencies to annually provide telecommuting plans to the
69Department of Management Services; amending s. 255.251,
70F.S.; creating the "Florida Energy Conservation and
71Sustainable Buildings Act"; amending s. 255.252, F.S.;
72providing findings and legislative intent; providing that
73it is the policy of the state that buildings constructed
74and financed by the state be designed to meet the United
75States Green Building Council (USGBC) Leadership in Energy
76and Environmental Design (LEED) rating system, the Green
77Building Initiative's Green Globes rating system, the
78Florida Green Building Coalition standards, or a
79nationally recognized green building rating system as
80approved by the department; requiring each state agency
81occupying space owned or managed by the department to
82identify and compile a list of projects suitable for a
83guaranteed energy, water, and wastewater performance
84savings contract; amending s. 255.253, F.S.; defining
85terms relating to energy conservation for buildings;
86amending s. 255.254, F.S.; prohibiting a state agency from
87leasing or constructing a facility without having secured
88from the department a proper evaluation of life-cycle
89costs for the building; amending s. 255.255, F.S.;
90requiring the department to use sustainable building
91ratings for conducting a life-cycle cost analysis;
92amending s. 255.257, F.S.; requiring all state agencies to
93adopt an energy efficiency rating system as approved by
94the department for all new buildings and renovations to
95existing buildings; requiring all county, municipal,
96school district, water management district, state
97university, community college, and Florida state court
98buildings to meet certain energy efficiency standards for
99construction; providing applicability; creating a
100sustainable building training certification program within
101St. Petersburg College; specifying program components;
102creating s. 286.29, F.S.; requiring the Department of
103Management Services to develop the Florida Climate-
104Friendly Preferred Products List; requiring state agencies
105to consult the list and purchase products from the list if
106the price is comparable; requiring state agencies to
107contract for meeting and conference space with facilities
108having the "Green Lodging" designation; authorizing the
109Department of Environmental Protection to adopt rules;
110requiring the department to establish voluntary technical
111assistance programs for various businesses; requiring
112state agencies, state universities, community colleges,
113and local governments that purchase vehicles under a state
114purchasing plan to maintain vehicles according to minimum
115standards and follow certain procedures when procuring new
116vehicles; requiring state agencies to use ethanol and
117biodiesel-blended fuels when available; amending s.
118287.063, F.S.; prohibiting the payment term for equipment
119from exceeding the useful life of the equipment unless the
120contract provides for the replacement or the extension of
121the useful life of the equipment during the term of the
122loan; amending s. 287.064, F.S.; authorizing an extension
123of the master equipment financing agreement for energy
124conservation equipment; requiring the guaranteed energy,
125water, and wastewater savings contractor to provide for
126the replacement or the extension of the useful life of the
127energy conservation equipment during the term of the
128contract; amending s. 287.16, F.S.; requiring the
129Department of Management Services to analyze specified
130fuel usage by the Department of Transportation; amending
131s. 288.1089, F.S.; defining the term "alternative and
132renewable energy"; revising provisions relating to
133innovation incentive awards to include alternative and
134renewable energy projects; specifying eligibility
135requirements for such projects; requiring Enterprise
136Florida, Inc., to solicit comments and recommendations
137from the Florida Energy and Climate Commission in
138evaluating such projects; amending s. 316.0741, F.S.;
139requiring all hybrid and other low-emission and energy-
140efficient vehicles that do not meet the minimum occupancy
141requirement and are driven in a high-occupancy-vehicle
142lane to comply with federally mandated minimum fuel
143economy standards; authorizing specified vehicles to use
144certain high-occupancy-vehicle lanes without payment of
145tolls; amending s. 337.401, F.S.; requiring the Department
146of Environmental Protection to adopt rules relating to the
147placement of and access to aerial and underground electric
148transmission lines having certain specifications; defining
149the term "base-load generating facilities"; amending s.
150339.175, F.S.; requiring each metropolitan planning
151organization to develop a long-range transportation plan
152and an annual project priority list that, among other
153considerations, provide for sustainable growth and reduce
154greenhouse gas emissions; amending s. 350.01, F.S.;
155conforming the beginning of a Public Service Commission
156member's term as chair with the beginning of terms of
157commissioners; correcting cross-references; amending s.
158350.012, F.S.; renaming the Committee on Public Service
159Commission Oversight, a standing joint committee of the
160Legislature, as the "Committee on Public Counsel
161Oversight"; deleting the committee's authority to
162recommend to the Governor nominees to fill vacancies on
163the Public Service Commission; amending s. 350.03, F.S.;
164clarifying the power of the Governor to remove and fill
165commission vacancies as set forth in the State
166Constitution; amending s. 350.031, F.S.; increasing the
167number of members on the council; requiring the President
168of the Senate and the Speaker of the House of
169Representatives to appoint a chair and vice chair to the
170council in alternating years; removing spending authority
171for the council to advertise vacancies; requiring the
172council to submit recommendations for vacancies on the
173Public Service Commission to the Governor; requiring the
174council to nominate a minimum of three persons for each
175vacancy; revising the date that recommendations for
176vacancies must be submitted; providing that a successor
177Governor may remove an appointee only as provided;
178providing for the council to fill a vacancy on the
179commission if the Governor fails to do so; authorizing a
180successor governor to recall an unconfirmed appointee
181under certain circumstances; amending ss. 350.061 and
182350.0614, F.S., relating to the appointment, oversight,
183and compensation of the Public Counsel; conforming
184provisions to changes made by the act; amending s. 366.04,
185F.S.; requiring an affected municipal electric utility to
186conduct a referendum election of all its retail electric
187customers to determine whether to require the municipal
188electric utility to provide a proposed charter
189transferring the operations of the utility to an electric
190utility authority; amending s. 366.81, F.S.; providing
191legislative intent; amending s. 366.82, F.S.; defining the
192term "demand-side renewable energy"; requiring the Public
193Service Commission to adopt goals for increasing the
194development of demand-side renewable energy systems energy
195resources; providing for cost-effectiveness tests;
196requiring the Florida Energy and Climate Commission to be
197a party in the proceedings to adopt goals; providing for
198an appropriations; providing for cost recovery;
199authorizing the commission to provide financial rewards
200and penalties; authorizing the commission to allow an
201investor-owned utility to earn an additional return on
202equity for exceeding energy efficiency and conservation
203goals; amending s. 366.8255, F.S.; redefining the term
204"environmental compliance costs" to include costs or
205expenses prudently incurred for scientific research and
206geological assessments of carbon capture and storage for
207the purpose of reducing an electric utility's greenhouse
208gas emissions; amending s. 366.91, F.S.; clarifying the
209definition of "biomass" to include waste and byproducts;
210requiring each public utility, and each municipal electric
211utility and rural electric utility cooperative that sells
212electricity at retail, to develop a standardized
213interconnection and net metering program for customer-
214owned renewable generation; authorizing net metering to be
215available when a utility purchases power generated from
216biogas produced by anaerobic digestion under certain
217conditions; amending s. 366.92, F.S.; directing the Public
218Service Commission to adopt a renewable portfolio
219standard; providing definitions; providing for renewable
220energy credits; providing for cost recovery; prohibiting
221the renewable portfolio standard rule from taking effect
222until ratified by the Legislature; amending s. 366.93,
223F.S.; revising the definitions of "cost" and
224"preconstruction"; requiring the Public Service Commission
225to establish rules relating to cost recovery for the
226construction of new, expanded, or relocated electrical
227transmission lines and facilities for a nuclear power
228plant; amending s. 377.601, F.S.; revising legislative
229intent with respect to the need to implement alternative
230energy technologies; providing for the transfer of the
231Florida Energy Commission in the Office of Legislative
232Services to the Florida Energy and Climate Commission in
233the Executive Office of the Governor; creating s.
234377.6015, F.S.; providing for the membership, meetings,
235duties, and responsibilities of the Florida Energy and
236Climate Commission; providing rulemaking authority;
237amending s. 377.602, F.S.; revising the definition of
238"energy resources"; providing for conforming changes;
239providing for the type two transfer of the state energy
240program in the Department of Environmental Protection to
241the Florida Energy and Climate Commission in the Executive
242Office of the Governor; amending ss. 377.603, 377.604,
243377.605, 377.606, 377.608, 377.701, 377.703, and 377.705,
244F.S.; providing for conforming changes; amending s.
245377.801, F.S.; providing a short title; amending s.
246377.802, F.S.; providing the purpose of the Florida Energy
247and Climate Protection Act; amending s. 377.803, F.S.;
248revising definitions; clarifying the definition of
249"renewable energy" to include biomass, as defined in s.
250366.91, F.S.; amending s. 377.804, F.S., relating to the
251Renewable Energy and Energy-Efficient Technologies Grants
252Program; providing for the program to include matching
253grants for technologies that increase the energy
254efficiency of vehicles and commercial buildings; providing
255for the solicitation of expertise of other entities;
256providing application requirements; amending s. 377.806,
257F.S.; conforming provisions relating to the Solar Energy
258System Incentives Program, to changes made by this act;
259requiring all eligible systems under the program to comply
260with the Florida Building Code; revising rebate
261eligibility requirements for solar thermal systems to
262include the installation of certain products by roofing
263contractors; creating s. 377.808, F.S.; establishing the
264"Florida Green Government Grants Act"; providing for
265grants to be awarded to local governments in the
266development of programs that achieve green standards;
267amending ss. 380.23 and 403.031, F.S.; conforming cross-
268references; creating s. 403.44, F.S.; creating the Florida
269Climate Protection Act; defining terms; requiring the
270Department of Environmental Protection to establish the
271methodologies, reporting periods, and reporting systems
272that must be used when major emitters report to The
273Climate Registry; authorizing the department to adopt
274rules for a cap-and-trade regulatory program to reduce
275greenhouse gas emissions from major emitters; providing
276for the content of the rule; prohibiting the rules from
277being adopted until after January 1, 2010, and from
278becoming effective until ratified by the Legislature;
279amending s. 403.502, F.S.; providing legislative intent;
280amending s. 403.503, F.S.; defining the term "alternate
281corridor" and redefining the term "corridor" for purposes
282of the Florida Electrical Power Plant Siting Act; amending
283s. 403.504, F.S.; requiring the Department of
284Environmental Protection to determine whether a proposed
285alternate corridor is acceptable; amending s. 403.506,
286F.S.; exempting an electric utility from obtaining
287certification under the Florida Electrical Power Plant
288Siting Act before constructing facilities for a power
289plant using nuclear materials as fuel; providing that a
290utility may obtain separate licenses, permits, and
291approvals for such construction under certain
292circumstances; exempting such provisions from review under
293ch. 120, F.S.; amending s. 403.5064, F.S.; requiring an
294applicant to submit a statement to the department if such
295applicant opts for consideration of alternate corridors;
296amending s. 403.5065, F.S.; providing for conforming
297changes; amending s. 403.50663, F.S.; providing for notice
298of meeting to the general public; amending s. 403.50665,
299F.S.; requiring an application to include a statement on
300the consistency of directly associated facilities
301constituting a "development"; requiring the Department of
302Environmental Protection to address at the certification
303hearing the issue of compliance with land use plans and
304zoning ordinances for a proposed substation located in or
305along an alternate corridor; amending s. 403.507, F.S.;
306providing for reports to be submitted to the department no
307later than 100 days after certification application has
308been determined complete; amending s. 403.508, F.S.;
309providing for land use and certification hearings;
310amending s. 403.509, F.S.; requiring the Governor and
311Cabinet sitting as the siting board to certify the
312corridor having the least adverse impact; authorizing the
313board to deny certification or allow a party to amend its
314proposal; amending s. 403.511, F.S.; providing for
315conforming changes; amending s. 403.5112, F.S.; providing
316for filing of notice; amending s. 403.5113, F.S.;
317providing for postcertification amendments and
318postcertification review; amending s. 403.5115, F.S.;
319requiring the applicant proposing the alternate corridor
320to publish all notices relating to the application;
321requiring that such notices comply with certain
322requirements; requiring that notices be published at least
32345 days before the rescheduled certification hearing;
324requiring applicants to make specified efforts to provide
325notice to certain landowners and to file a list of such
326notification with the Department of Environmental
327Protection's Siting Coordination Office; amending ss.
328403.516, 403.517, and 403.5175, F.S.; providing conforming
329changes and cross-references; amending s. 403.518, F.S.;
330authorizing the Department of Environmental Protection to
331charge an application fee for an alternate corridor;
332amending ss. 403.519, 403.5252, 403.526, 403.527,
333403.5271, 403.5272, 403.5312, 403.5363, 403.5365, and
334403.814, F.S., relating to determinations of need, public
335notice requirements, and general permits; conforming
336provisions to changes made by the act; creating s.
337403.7055, F.S.; encouraging counties in the state to form
338regional solutions to the capture and reuse or sale of
339methane gas from landfills and wastewater treatment
340facilities; requiring the Department of Environmental
341Protection to provide guidelines and assistance; amending
342s. 489.145, F.S.; creating s. 403.7032, F.S.; providing
343legislative findings regarding recycling; providing for a
344long-term goal of reducing the amount of solid waste
345disposed of in the state by a certain percentage;
346requiring the Department of Environmental Protection to
347develop a comprehensive recycling program and submit such
348program to the Legislature by a specified date; requiring
349the Legislature's approval before implementing such
350program; requiring that such program be developed in
351coordination with other state and local entities, private
352businesses, and the public; requiring that the program
353contain certain components; creating s. 403.7033, F.S.,
354requiring a departmental analysis of particular recyclable
355materials; requiring a submission of a report; amending s.
356403.706, F.S., requiring every county to implement a
357composting plan to attain certain goals by a date certain;
358provides for goal modifications upon demonstrated need to
359the department; amending s. 489.145, F.S.; revising
360provisions of the Guaranteed Energy, Water, and Wastewater
361Performance Savings Contracting Act; requiring that each
362proposed contract or lease contain certain agreements
363concerning operational cost-saving measures; requiring the
364Office of the Chief Financial Officer to review contract
365proposals; redefining terms; requiring that certain
366baseline information, supporting information, and
367documentation be included in contracts; requiring the
368Office of the Chief Financial Officer to review contract
369proposals; providing audit requirements; requiring
370contract approval by the Chief Financial Officer; amending
371s. 526.06, F.S.; revising provisions for the sale of
372gasoline blended with ethanol; providing specifications
373for transitioning to ethanol-blended fuels; creating s.
374526.201, F.S.; creating the "Florida Renewable Fuel
375Standard Act"; creating s. 526.202, F.S.; establishing
376legislative findings for the act; creating s. 526.203,
377F.S.; providing definitions, fuel standard, exemptions,
378and reporting; creating s. 526.204, F.S.; providing for
379waivers; providing for suspension of standard requirement
380during declared emergencies; creating s. 526.205, F.S.;
381providing for enforcement of the act; providing for
382extensions; creating s. 526.206, F.S.; providing for
383rulemaking authority by the Department of Revenue and the
384Department of Agriculture and Consumer Services; creating
385s. 526.207, F.S.; requiring studies and reports by the
386Florida Energy and Climate Commission; amending s. 553.73,
387F.S.; requiring that the Florida Building Commission
388select the most recent International Energy Conservation
389Code as a foundation code; providing for modification of
390the International Energy Conservation Code by the
391commission under certain circumstances; creating s.
392553.9061, F.S.; requiring the Florida Building Commission
393to establish a schedule of increases in the energy
394performance of buildings subject to the Florida Energy
395Efficiency Code for Building Construction; providing
396energy-efficiency performance options and elements for
397achieving performance goals; requiring the commission to
398adopt rules and implement a cost-effectiveness test;
399amending s. 553.909, F.S.; requiring the Florida Energy
400Efficiency Code for Building Construction to set minimum
401requirements for certain commercial or residential
402appliances; requiring the Agency for Enterprise
403Information Technology to define specified objective
404standards and conduct evaluations relating to energy
405efficiency; requiring the agency to submit a report;
406providing report requirements; requiring the agency to
407submit specified recommendations; providing for the
408inclusion of specifications in certain plans and
409processes; creating s. 1004.648, F.S.; establishing the
410Florida Energy Systems Consortium consisting of all the
411state universities; providing for membership and duties of
412the consortium; providing for a director, an oversight
413board, and a steering committee; requiring the consortium
414to submit an annual report; requiring an economic impact
415analysis on the effects of granting financial incentives
416to energy producers who use woody biomass as fuel;
417providing that certain vehicle emission standards are
418subject to ratification by the Legislature prior to
419implementation or modification by the Department of
420Environmental Protection; requiring the Department of
421Education and the Department of Environmental Protection
422to develop an awards or recognition program for
423outstanding efforts in conservation, energy and water use
424reduction, environmental enhancement, and conservation-
425related educational curriculum development; encouraging
426the departments to seek private sector funding for the
427program; repealing s. 377.901, F.S., relating to the
428Florida Energy Commission; requiring the Public Service
429Commission to provide a report to the Governor and the
430Legislature on utility revenue decoupling; providing
431effective dates.
432
433Be It Enacted by the Legislature of the State of Florida:
434
435     Section 1.  Subsection (3) of section 74.051, Florida
436Statutes, is renumbered as subsection (4), and a new subsection
437(3) is added to that section to read:
438     74.051  Hearing on order of taking.--
439     (3)  If a defendant requests a hearing pursuant to s.
44074.041(3) and the petitioner is an electric utility that is
441seeking to appropriate property necessary for an electric
442generation plant, an associated facility of an electric
443generation plant, an electric substation, or a power line, it is
444the intent of the Legislature that the court, when practicable,  
445conduct the hearing no more than 120 days after the petition is
446filed and issue its order of taking no more than 30 days after
447the conclusion of the hearing.
448     Section 2.  Subsection (3) of section 110.171, Florida
449Statutes, is amended, and subsection (4) is added to that
450section, to read:
451     110.171  State employee telecommuting program.--
452     (3)  By September 30, 2009 October 1, 1994, each state
453agency shall identify and maintain a current listing of the job
454classifications and positions that the agency considers
455appropriate for telecommuting. Agencies that adopt a state
456employee telecommuting program must:
457     (a)  Give equal consideration to career service and exempt
458positions in their selection of employees to participate in the
459telecommuting program.
460     (b)  Provide that an employee's participation in a
461telecommuting program will not adversely affect eligibility for
462advancement or any other employment rights or benefits.
463     (c)  Provide that participation by an employee in a
464telecommuting program is voluntary, and that the employee may
465elect to cease to participate in a telecommuting program at any
466time.
467     (d)  Adopt provisions to allow for the termination of an
468employee's participation in the program if the employee's
469continued participation would not be in the best interests of
470the agency.
471     (e)  Provide that an employee is not currently under a
472performance improvement plan in order to participate in the
473program.
474     (f)  Ensure that employees participating in the program are
475subject to the same rules regarding attendance, leave,
476performance reviews, and separation action as are other
477employees.
478     (g)  Establish the reasonable conditions that the agency
479plans to impose in order to ensure the appropriate use and
480maintenance of any equipment or items provided for use at a
481participating employee's home or other place apart from the
482employee's usual place of work, including the installation and
483maintenance of any telephone equipment and ongoing
484communications costs at the telecommuting site which is to be
485used for official use only.
486     (h)  Prohibit state maintenance of an employee's personal
487equipment used in telecommuting, including any liability for
488personal equipment and costs for personal utility expenses
489associated with telecommuting.
490     (i)  Describe the security controls that the agency
491considers appropriate.
492     (j)  Provide that employees are covered by workers'
493compensation under chapter 440, when performing official duties
494at an alternate worksite, such as the home.
495     (k)  Prohibit employees engaged in a telecommuting program
496from conducting face-to-face state business at the homesite.
497     (l)  Require a written agreement that specifies the terms
498and conditions of telecommuting, which includes verification by
499the employee that the home office provides work space that is
500free of safety and fire hazards, together with an agreement
501which holds the state harmless against any and all claims,
502excluding workers' compensation claims, resulting from an
503employee working in the home office, and which must be signed
504and agreed to by the telecommuter and the supervisor.
505     (m)  Provide measureable financial benefits associated with
506reduced office space requirements, reductions in energy
507consumption, and reductions in associated emissions of
508greenhouse gases resulting from telecommuting. State agencies
509operating in office space owned or managed by the department
510shall consult the facilities program to ensure its consistency
511with the strategic leasing plan required under s. 255.249(3)(b).
512     (4)  The telecommuting program for each state agency and
513pertinent supporting documents shall be posted on the agency's
514Internet website to allow access by employees and the public.
515     Section 3.  Subsection (2) of section 163.04, Florida
516Statutes, is amended to read:
517163.04 Energy devices based on renewable resources.--
518
519     (2)  A deed restriction, covenant, declaration, or similar
520binding agreement may not No deed restrictions, covenants, or
521similar binding agreements running with the land shall prohibit
522or have the effect of prohibiting solar collectors,
523clotheslines, or other energy devices based on renewable
524resources from being installed on buildings erected on the lots
525or parcels covered by the deed restriction, covenant,
526declaration, or binding agreement restrictions, covenants, or
527binding agreements. A property owner may not be denied
528permission to install solar collectors or other energy devices
529based on renewable resources by any entity granted the power or
530right in any deed restriction, covenant, or similar binding
531agreement to approve, forbid, control, or direct alteration of
532property with respect to residential dwellings and within the
533boundaries of a condominium unit. not exceeding three stories in
534height. For purposes of this subsection, Such entity may
535determine the specific location where solar collectors may be
536installed on the roof within an orientation to the south or
537within 45° east or west of due south if provided that such
538determination does not impair the effective operation of the
539solar collectors.
540     Section 4.  Subsection (3) of section 186.007, Florida
541Statutes, is amended to read:
542     186.007  State comprehensive plan; preparation; revision.--
543     (3)  In the state comprehensive plan, the Executive Office
544of the Governor may include goals, objectives, and policies
545related to the following program areas: economic opportunities;
546agriculture; employment; public safety; education; health
547concerns; social welfare concerns; housing and community
548development; natural resources and environmental management;
549energy; global climate change; recreational and cultural
550opportunities; historic preservation; transportation; and
551governmental direction and support services.
552     Section 5.  Subsections (10), (11), and (15) of section
553187.201, Florida Statutes, are amended to read:
554     187.201  State Comprehensive Plan adopted.--The Legislature
555hereby adopts as the State Comprehensive Plan the following
556specific goals and policies:
557     (10)  AIR QUALITY.--
558     (a)  Goal.--Florida shall comply with all national air
559quality standards by 1987, and by 1992 meet standards which are
560more stringent than 1985 state standards.
561     (b)  Policies.--
562     1.  Improve air quality and maintain the improved level to
563safeguard human health and prevent damage to the natural
564environment.
565     2.  Ensure that developments and transportation systems are
566consistent with the maintenance of optimum air quality.
567     3.  Reduce sulfur dioxide and nitrogen oxide emissions and
568mitigate their effects on the natural and human environment.
569     4.  Encourage the use of alternative energy resources that
570do not degrade air quality.
571     5.  Ensure, at a minimum, that power plant fuel conversion
572does not result in higher levels of air pollution.
573     6.  Encourage the development of low-carbon-emitting
574electric power plants.
575     (11)  ENERGY.--
576     (a)  Goal.--Florida shall reduce its energy requirements
577through enhanced conservation and efficiency measures in all
578end-use sectors and shall reduce atmospheric carbon dioxide by,
579while at the same time promoting an increased use of renewable
580energy resources and low-carbon-emitting electric power plants.
581     (b)  Policies.--
582     1.  Continue to reduce per capita energy consumption.
583     2.  Encourage and provide incentives for consumer and
584producer energy conservation and establish acceptable energy
585performance standards for buildings and energy consuming items.
586     3.  Improve the efficiency of traffic flow on existing
587roads.
588     4.  Ensure energy efficiency in transportation design and
589planning and increase the availability of more efficient modes
590of transportation.
591     5.  Reduce the need for new power plants by encouraging
592end-use efficiency, reducing peak demand, and using cost-
593effective alternatives.
594     6.  Increase the efficient use of energy in design and
595operation of buildings, public utility systems, and other
596infrastructure and related equipment.
597     7.  Promote the development and application of solar energy
598technologies and passive solar design techniques.
599     8.  Provide information on energy conservation through
600active media campaigns.
601     9.  Promote the use and development of renewable energy
602resources and low-carbon-emitting electric power plants.
603     10.  Develop and maintain energy preparedness plans that
604will be both practical and effective under circumstances of
605disrupted energy supplies or unexpected price surges.
606     (15)  LAND USE.--
607     (a)  Goal.--In recognition of the importance of preserving
608the natural resources and enhancing the quality of life of the
609state, development shall be directed to those areas which have
610in place, or have agreements to provide, the land and water
611resources, fiscal abilities, and service capacity to accommodate
612growth in an environmentally acceptable manner.
613     (b)  Policies.--
614     1.  Promote state programs, investments, and development
615and redevelopment activities which encourage efficient
616development and occur in areas which will have the capacity to
617service new population and commerce.
618     2.  Develop a system of incentives and disincentives which
619encourages a separation of urban and rural land uses while
620protecting water supplies, resource development, and fish and
621wildlife habitats.
622     3.  Enhance the livability and character of urban areas
623through the encouragement of an attractive and functional mix of
624living, working, shopping, and recreational activities.
625     4.  Develop a system of intergovernmental negotiation for
626siting locally unpopular public and private land uses which
627considers the area of population served, the impact on land
628development patterns or important natural resources, and the
629cost-effectiveness of service delivery.
630     5.  Encourage and assist local governments in establishing
631comprehensive impact-review procedures to evaluate the effects
632of significant development activities in their jurisdictions.
633     6.  Consider, in land use planning and regulation, the
634impact of land use on water quality and quantity; the
635availability of land, water, and other natural resources to meet
636demands; and the potential for flooding.
637     7.  Provide educational programs and research to meet
638state, regional, and local planning and growth-management needs.
639     8.  Provide for the siting of low-carbon-emitting electric
640power plants, including nuclear power plants, to meet the
641state's determined need for electric power generation.
642     Section 6.  Subsection (14) of section 196.012, Florida
643Statutes, is amended to read:
644     196.012  Definitions.--For the purpose of this chapter, the
645following terms are defined as follows, except where the context
646clearly indicates otherwise:
647     (14)  "Renewable energy source device" or "device" means
648any of the following equipment which, when installed in
649connection with a dwelling unit or other structure, collects,
650transmits, stores, or uses solar energy, wind energy, or energy
651derived from geothermal deposits:
652     (a)  Solar energy collectors.
653     (b)  Storage tanks and other storage systems, excluding
654swimming pools used as storage tanks.
655     (c)  Rockbeds.
656     (d)  Thermostats and other control devices.
657     (e)  Heat exchange devices.
658     (f)  Pumps and fans.
659     (g)  Roof ponds.
660     (h)  Freestanding thermal containers.
661     (i)  Pipes, ducts, refrigerant handling systems, and other
662equipment used to interconnect such systems; however,
663conventional backup systems of any type are not included in this
664definition.
665     (j)  Windmills.
666     (k)  Wind-driven generators.
667     (l)  Power conditioning and storage devices that use wind
668energy to generate electricity or mechanical forms of energy.
669     (m)  Pipes and other equipment used to transmit hot
670geothermal water to a dwelling or structure from a geothermal
671deposit.
672
673"Renewable energy source device" or "device" also means any heat
674pump with an energy efficiency ratio (EER) or a seasonal energy
675efficiency ratio (SEER) exceeding 8.5 and a coefficient of
676performance (COP), exceeding 2.8; waste heat recovery system; or
677water heating system the primary heat source of which is a
678dedicated heat pump or the otherwise unused capacity of a heat
679pump heating, ventilating, and air-conditioning system, provided
680such device is installed in a structure substantially complete
681before January 1, 1985, and whether or not solar energy, wind
682energy, or energy derived from geothermal deposits is collected,
683transmitted, stored, or used by such device.
684     Section 7.  Section 196.175, Florida Statutes, is amended
685to read:
686     196.175  Renewable energy source exemption.--
687     (1)  Improved real property upon which a renewable energy
688source device is installed and operated shall be entitled to an
689exemption in the amount of not greater than the lesser of:
690     (a)  The assessed value of such real property less any
691other exemptions applicable under this chapter;
692     (b)  the original cost of the device, including the
693installation cost thereof, but excluding the cost of replacing
694previously existing property removed or improved in the course
695of such installation; or
696     (c)  Eight percent of the assessed value of such property
697immediately following installation.
698     (2)  The exempt amount authorized under subsection (1)
699shall apply in full if the device was installed and operative
700throughout the 12-month period preceding January 1 of the year
701of application for this exemption. If the device was operative
702for a portion of that period, the exempt amount authorized under
703this section shall be reduced proportionally.
704     (3)  It shall be the responsibility of the applicant for an
705exemption pursuant to this section to demonstrate affirmatively
706to the satisfaction of the property appraiser that he or she
707meets the requirements for exemption under this section and that
708the original cost pursuant to paragraph (1)(b) and the period
709for which the device was operative, as indicated on the
710exemption application, are correct.
711     (4)  No exemption authorized pursuant to this section shall
712be granted for a period of more than 10 years. No exemption
713shall be granted with respect to renewable energy source devices
714installed before January 1, 2009 1980, or after December 31,
7151990.
716     Section 8.  Subsection (2) of section 206.43, Florida
717Statutes, is amended to read:
718     206.43  Terminal supplier, importer, exporter, blender, and
719wholesaler to report to department monthly; deduction.--The
720taxes levied and assessed as provided in this part shall be paid
721to the department monthly in the following manner:
722     (2)(a)  Such report may show in detail the number of
723gallons so sold and delivered by the terminal supplier,
724importer, exporter, blender, or wholesaler in the state, and the
725destination as to the county in the state to which the motor
726fuel was delivered for resale at retail or use shall be
727specified in the report. The total taxable gallons sold shall
728agree with the total gallons reported to the county destinations
729for resale at retail or use. All gallons of motor fuel sold
730shall be invoiced and shall name the county of destination for
731resale at retail or use.
732     (b)  Each terminal supplier, importer, blender, and
733wholesaler shall also include in the report to the department
734the number of gallons of blended and unblended gasoline, as
735defined in s. 526.203, sold.
736     Section 9.  Paragraph (ccc) of subsection (7) of section
737212.08, Florida Statutes, is amended to read:
738     212.08  Sales, rental, use, consumption, distribution, and
739storage tax; specified exemptions.--The sale at retail, the
740rental, the use, the consumption, the distribution, and the
741storage to be used or consumed in this state of the following
742are hereby specifically exempt from the tax imposed by this
743chapter.
744     (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to any
745entity by this chapter do not inure to any transaction that is
746otherwise taxable under this chapter when payment is made by a
747representative or employee of the entity by any means,
748including, but not limited to, cash, check, or credit card, even
749when that representative or employee is subsequently reimbursed
750by the entity. In addition, exemptions provided to any entity by
751this subsection do not inure to any transaction that is
752otherwise taxable under this chapter unless the entity has
753obtained a sales tax exemption certificate from the department
754or the entity obtains or provides other documentation as
755required by the department. Eligible purchases or leases made
756with such a certificate must be in strict compliance with this
757subsection and departmental rules, and any person who makes an
758exempt purchase with a certificate that is not in strict
759compliance with this subsection and the rules is liable for and
760shall pay the tax. The department may adopt rules to administer
761this subsection.
762     (ccc)  Equipment, machinery, and other materials for
763renewable energy technologies.--
764     1.  As used in this paragraph, the term:
765     a.  "Biodiesel" means the mono-alkyl esters of long-chain
766fatty acids derived from plant or animal matter for use as a
767source of energy and meeting the specifications for biodiesel
768and biodiesel blends with petroleum products as adopted by the
769Department of Agriculture and Consumer Services. Biodiesel may
770refer to biodiesel blends designated BXX, where XX represents
771the volume percentage of biodiesel fuel in the blend.
772     b.  "Ethanol" means an nominally anhydrous denatured
773alcohol produced by the conversion of carbohydrates fermentation
774of plant sugars meeting the specifications for fuel ethanol and
775fuel ethanol blends with petroleum products as adopted by the
776Department of Agriculture and Consumer Services. Ethanol may
777refer to fuel ethanol blends designated EXX, where XX represents
778the volume percentage of fuel ethanol in the blend.
779     c.  "Hydrogen fuel cells" means equipment using hydrogen or
780a hydrogen-rich fuel in an electrochemical process to generate
781energy, electricity, or the transfer of heat.
782     2.  The sale or use of the following in the state is exempt
783from the tax imposed by this chapter:
784     a.  Hydrogen-powered vehicles, materials incorporated into
785hydrogen-powered vehicles, and hydrogen-fueling stations, up to
786a limit of $2 million in tax each state fiscal year for all
787taxpayers.
788     b.  Commercial stationary hydrogen fuel cells, up to a
789limit of $1 million in tax each state fiscal year for all
790taxpayers.
791     c.  Materials used in the distribution of biodiesel (B10-
792B100) and ethanol (E10-E100), including fueling infrastructure,
793transportation, and storage, up to a limit of $1 million in tax
794each state fiscal year for all taxpayers. Gasoline fueling
795station pump retrofits for ethanol (E10-E100) distribution
796qualify for the exemption provided in this sub-subparagraph.
797     3.  The Florida Energy and Climate Commission Department of
798Environmental Protection shall provide to the department a list
799of items eligible for the exemption provided in this paragraph.
800     4.a.  The exemption provided in this paragraph shall be
801available to a purchaser only through a refund of previously
802paid taxes. An eligible item is subject to refund one time. A
803person who has received a refund on an eligible item shall
804notify the next purchaser of the item that such item is no
805longer eligible for a refund of paid taxes. This notification
806shall be provided to each subsequent purchaser on the sales
807invoice or other proof of purchase.
808     b.  To be eligible to receive the exemption provided in
809this paragraph, a purchaser shall file an application with the
810Florida Energy and Climate Commission Department of
811Environmental Protection. The application shall be developed by
812the Florida Energy and Climate Commission Department of
813Environmental Protection, in consultation with the department,
814and shall require:
815     (I)  The name and address of the person claiming the
816refund.
817     (II)  A specific description of the purchase for which a
818refund is sought, including, when applicable, a serial number or
819other permanent identification number.
820     (III)  The sales invoice or other proof of purchase showing
821the amount of sales tax paid, the date of purchase, and the name
822and address of the sales tax dealer from whom the property was
823purchased.
824     (IV)  A sworn statement that the information provided is
825accurate and that the requirements of this paragraph have been
826met.
827     c.  Within 30 days after receipt of an application, the
828Florida Energy and Climate Commission Department of
829Environmental Protection shall review the application and shall
830notify the applicant of any deficiencies. Upon receipt of a
831completed application, the Florida Energy and Climate Commission
832Department of Environmental Protection shall evaluate the
833application for exemption and issue a written certification that
834the applicant is eligible for a refund or issue a written denial
835of such certification within 60 days after receipt of the
836application. The Florida Energy and Climate Commission
837Department of Environmental Protection shall provide the
838department with a copy of each certification issued upon
839approval of an application.
840     d.  Each certified applicant shall be responsible for
841forwarding a certified copy of the application and copies of all
842required documentation to the department within 6 months after
843certification by the Florida Energy and Climate Commission
844Department of Environmental Protection.
845     e.  The provisions of s. 212.095 do not apply to any refund
846application made pursuant to this paragraph. A refund approved
847pursuant to this paragraph shall be made within 30 days after
848formal approval by the department.
849     f.  The Florida Energy and Climate Commission may adopt the
850form for the application for a certificate, requirements for the
851content and format of information submitted to the Florida
852Energy and Climate Commission in support of the application,
853other procedural requirements, and criteria by which the
854application will be determined by rule. The department may adopt
855all other rules pursuant to ss. 120.536(1) and 120.54 to
856administer this paragraph, including rules establishing
857additional forms and procedures for claiming this exemption.
858     g.  The Florida Energy and Climate Commission Department of
859Environmental Protection shall be responsible for ensuring that
860the total amounts of the exemptions authorized do not exceed the
861limits as specified in subparagraph 2.
862     5.  The Florida Energy and Climate Commission Department of
863Environmental Protection shall determine and publish on a
864regular basis the amount of sales tax funds remaining in each
865fiscal year.
866     6.  This paragraph expires July 1, 2010.
867     Section 10.  Subsection (2) of section 220.191, Florida
868Statutes, is amended to read:
869     220.191  Capital investment tax credit.--
870     (2)(a)  An annual credit against the tax imposed by this
871chapter shall be granted to any qualifying business in an amount
872equal to 5 percent of the eligible capital costs generated by a
873qualifying project, for a period not to exceed 20 years
874beginning with the commencement of operations of the project.
875Unless assigned as described in this subsection, the tax credit
876shall be granted against only the corporate income tax liability
877or the premium tax liability generated by or arising out of the
878qualifying project, and the sum of all tax credits provided
879pursuant to this section shall not exceed 100 percent of the
880eligible capital costs of the project. In no event may any
881credit granted under this section be carried forward or backward
882by any qualifying business with respect to a subsequent or prior
883year. The annual tax credit granted under this section shall not
884exceed the following percentages of the annual corporate income
885tax liability or the premium tax liability generated by or
886arising out of a qualifying project:
887     1.(a)  One hundred percent for a qualifying project which
888results in a cumulative capital investment of at least $100
889million.
890     2.(b)  Seventy-five percent for a qualifying project which
891results in a cumulative capital investment of at least $50
892million but less than $100 million.
893     3.(c)  Fifty percent for a qualifying project which results
894in a cumulative capital investment of at least $25 million but
895less than $50 million.
896     (b)  A qualifying project which results in a cumulative
897capital investment of less than $25 million is not eligible for
898the capital investment tax credit. An insurance company claiming
899a credit against premium tax liability under this program shall
900not be required to pay any additional retaliatory tax levied
901pursuant to s. 624.5091 as a result of claiming such credit.
902Because credits under this section are available to an insurance
903company, s. 624.5091 does not limit such credit in any manner.
904     (c)  A qualifying business that establishes a qualifying
905project that includes locating a new solar panel manufacturing
906facility in this state that generates a minimum of 400 jobs
907within 6 months after commencement of operations with an average
908salary of at least $50,000 may assign or transfer the annual
909credit, or any portion thereof, granted under this section to
910any other business. However, the amount of the tax credit that
911may be transferred in any year shall be the lesser of the
912qualifying business's state corporate income tax liability for
913that year, as limited by the percentages applicable under
914paragraph (a) and as calculated prior to taking any credit
915pursuant to this section, or the credit amount granted for that
916year. A business receiving the transferred or assigned credits
917may use the credits only in the year received, and the credits
918may not be carried forward or backward. To perfect the transfer,
919the transferor shall provide the department with a written
920transfer statement notifying the department of the transferor's
921intent to transfer the tax credits to the transferee; the date
922the transfer is effective; the transferee's name, address, and
923federal taxpayer identification number; the tax period; and the
924amount of tax credits to be transferred. The department shall,
925upon receipt of a transfer statement conforming to the
926requirements of this paragraph, provide the transferee with a
927certificate reflecting the tax credit amounts transferred. A
928copy of the certificate must be attached to each tax return for
929which the transferee seeks to apply such tax credits.
930     Section 11.  Present subsections (1), (3), (6), and (7) of
931section 220.192, Florida Statutes, are amended, and a new
932subsection (6) is added to that section, to read:
933     220.192  Renewable energy technologies investment tax
934credit.--
935     (1)  DEFINITIONS.--For purposes of this section, the term:
936     (a)  "Biodiesel" means biodiesel as defined in s.
937212.08(7)(ccc).
938     (b)  "Corporation" includes a general partnership, limited
939partnership, limited liability company, unincorporated business,
940or other business entity, including entities taxed as
941partnerships for federal income tax purposes.
942     (c)(b)  "Eligible costs" means:
943     1.  Seventy-five percent of all capital costs, operation
944and maintenance costs, and research and development costs
945incurred between July 1, 2006, and June 30, 2010, up to a limit
946of $3 million per state fiscal year for all taxpayers, in
947connection with an investment in hydrogen-powered vehicles and
948hydrogen vehicle fueling stations in the state, including, but
949not limited to, the costs of constructing, installing, and
950equipping such technologies in the state.
951     2.  Seventy-five percent of all capital costs, operation
952and maintenance costs, and research and development costs
953incurred between July 1, 2006, and June 30, 2010, up to a limit
954of $1.5 million per state fiscal year for all taxpayers, and
955limited to a maximum of $12,000 per fuel cell, in connection
956with an investment in commercial stationary hydrogen fuel cells
957in the state, including, but not limited to, the costs of
958constructing, installing, and equipping such technologies in the
959state.
960     3.  Seventy-five percent of all capital costs, operation
961and maintenance costs, and research and development costs
962incurred between July 1, 2006, and June 30, 2010, up to a limit
963of $6.5 million per state fiscal year for all taxpayers, in
964connection with an investment in the production, storage, and
965distribution of biodiesel (B10-B100) and ethanol (E10-E100) in
966the state, including the costs of constructing, installing, and
967equipping such technologies in the state. Gasoline fueling
968station pump retrofits for ethanol (E10-E100) distribution
969qualify as an eligible cost under this subparagraph.
970     (d)(c)  "Ethanol" means ethanol as defined in s.
971212.08(7)(ccc).
972     (e)(d)  "Hydrogen fuel cell" means hydrogen fuel cell as
973defined in s. 212.08(7)(ccc).
974     (f)  "Taxpayer" includes a corporation as defined in
975paragraph (b) or s. 220.03.
976     (3)  CORPORATE APPLICATION PROCESS.--Any corporation
977wishing to obtain tax credits available under this section must
978submit to the Florida Energy and Climate Commission Department
979of Environmental Protection an application for tax credit that
980includes a complete description of all eligible costs for which
981the corporation is seeking a credit and a description of the
982total amount of credits sought. The Florida Energy and Climate
983Commission Department of Environmental Protection shall make a
984determination on the eligibility of the applicant for the
985credits sought and certify the determination to the applicant
986and the Department of Revenue. The corporation must attach the
987Florida Energy and Climate Commission's Department of
988Environmental Protection's certification to the tax return on
989which the credit is claimed. The Florida Energy and Climate
990Commission Department of Environmental Protection shall be
991responsible for ensuring that the corporate income tax credits
992granted in each fiscal year do not exceed the limits provided
993for in this section. The Florida Energy and Climate Commission
994Department of Environmental Protection is authorized to adopt
995the necessary rules, guidelines, and application materials for
996the application process.
997     (6)  TRANSFERABILITY OF CREDIT.--
998     (a)  For tax years beginning on or after January 1, 2009,
999any corporation or subsequent transferee allowed a tax credit
1000under this section may transfer the credit, in whole or in part,
1001to any taxpayer by written agreement without transferring any
1002ownership interest in the property generating the credit or any
1003interest in the entity owning such property. The transferee is
1004entitled to apply the credits against the tax with the same
1005effect as if the transferee had incurred the eligible costs.
1006     (b)  To perfect the transfer, the transferor shall provide
1007the department with a written transfer statement notifying the
1008department of the transferor's intent to transfer the tax
1009credits to the transferee; the date the transfer is effective;
1010the transferee's name, address, and federal taxpayer
1011identification number; the tax period; and the amount of tax
1012credits to be transferred. The department shall, upon receipt of
1013a transfer statement conforming to the requirements of this
1014section, provide the transferee with a certificate reflecting
1015the tax credit amounts transferred. A copy of the certificate
1016must be attached to each tax return for which the transferee
1017seeks to apply such tax credits.
1018     (c)  A tax credit authorized under this section that is
1019held by a corporation and not transferred under this subsection
1020shall be passed through to the taxpayers designated as partners,
1021members, or owners, respectively, in the manner agreed to by
1022such persons regardless of whether such partners, members, or
1023owners are allocated or allowed any portion of the federal
1024energy tax credit for the eligible costs. A corporation that
1025passes the credit through to a partner, member, or owner must
1026comply with the notification requirements described in paragraph
1027(b). The partner, member, or owner must attach a copy of the
1028certificate to each tax return on which the partner, member, or
1029owner claims any portion of the credit.
1030     (7)(6)  RULES.--The Department of Revenue shall have the
1031authority to adopt rules pursuant to ss. 120.536(1) and 120.54
1032to administer this section, including rules relating to:
1033     (a)  The forms required to claim a tax credit under this
1034section, the requirements and basis for establishing an
1035entitlement to a credit, and the examination and audit
1036procedures required to administer this section.
1037     (b)  The implementation and administration of the
1038provisions allowing a transfer of a tax credit, including rules
1039prescribing forms, reporting requirements, and specific
1040procedures, guidelines, and requirements necessary to transfer a
1041tax credit.
1042     (8)(7)  PUBLICATION.--The Florida Energy and Climate
1043Commission Department of Environmental Protection shall
1044determine and publish on a regular basis the amount of available
1045tax credits remaining in each fiscal year.
1046     Section 12.  Paragraphs (f) and (g) are added to subsection
1047(2) and paragraphs (j) and (k) are added to subsection (3) of
1048section 220.193, Florida Statutes, to read:
1049     220.193  Florida renewable energy production credit.--
1050     (2)  As used in this section, the term:
1051     (f)  "Sale" or "sold" includes the use of electricity by
1052the producer of such electricity which decreases the amount of
1053electricity that the producer would otherwise have to purchase.
1054     (g)  "Taxpayer" includes a general partnership, limited
1055partnership, limited liability company, trust, or other
1056artificial entity in which a corporation, as defined in s.
1057220.03(1)(e), owns an interest and is taxed as a partnership or
1058is disregarded as a separate entity from the corporation under
1059this chapter.
1060     (3)  An annual credit against the tax imposed by this
1061section shall be allowed to a taxpayer, based on the taxpayer's
1062production and sale of electricity from a new or expanded
1063Florida renewable energy facility. For a new facility, the
1064credit shall be based on the taxpayer's sale of the facility's
1065entire electrical production. For an expanded facility, the
1066credit shall be based on the increases in the facility's
1067electrical production that are achieved after May 1, 2006.
1068     (j)  When an entity treated as a partnership or a
1069disregarded entity under this chapter produces and sells
1070electricity from a new or expanded renewable energy facility,
1071the credit earned by such entity shall pass through in the same
1072manner as items of income and expense pass through for federal
1073income tax purposes. When an entity applies for the credit and
1074the entity has received the credit by a pass-through, the
1075application must identify the taxpayer that passed the credit
1076through, all taxpayers that received the credit, and the
1077percentage of the credit that passes through to each recipient
1078and must provide other information that the department requires.
1079     (k)  A taxpayer's use of the credit granted pursuant to
1080this section does not reduce the amount of any credit available
1081to such taxpayer under s. 220.186.
1082     Section 13.  It is the intent of the Legislature that the
1083amendments made by this act to s. 220.193, Florida Statutes, are
1084remedial in nature and apply retroactively to the effective date
1085of the law establishing the credit.
1086     Section 14.  Subsection (2) of section 253.02, Florida
1087Statutes, is amended to read:
1088     253.02  Board of trustees; powers and duties.--
1089     (2)(a)  The board of trustees shall not sell, transfer, or
1090otherwise dispose of any lands the title to which is vested in
1091the board of trustees except by vote of at least three of the
1092four trustees.
1093     (b)  The authority of the board of trustees to grant
1094easements for rights-of-way over, across, and upon uplands the
1095title to which is vested in the board of trustees for the
1096construction and operation of electric transmission and
1097distribution facilities and related appurtenances is hereby
1098confirmed. The board of trustees may delegate to the Secretary
1099of Environmental Protection the authority to grant such
1100easements on its behalf. All easements for rights-of-way over,
1101across, and upon uplands the title to which is vested in the
1102board of trustees for the construction and operation of electric
1103transmission and distribution facilities and related
1104appurtenances which are approved by the Secretary of
1105Environmental Protection pursuant to the authority delegated by
1106the board of trustees shall meet the following criteria:
1107     1.  Such easements shall not prevent the use of the state-
1108owned uplands adjacent to the easement area for the purposes for
1109which such lands were acquired and shall not unreasonably
1110diminish the ecological, conservation, or recreational values of
1111the state-owned uplands adjacent to the easement area.
1112     2.  There is no practical and prudent alternative to
1113locating the linear facility and related appurtenances on state-
1114owned upland. For purposes of this subparagraph, the test of
1115practicality and prudence shall compare the social, economic,
1116and environmental effects of the alternatives.
1117     3.  Appropriate steps are taken to minimize the impacts to
1118state-owned uplands. Such steps may include:
1119     a.  Siting of facilities so as to reduce impacts and
1120minimize fragmentation of the overall state-owned parcel;
1121     b.  Avoiding significant wildlife habitat, wetlands, or
1122other valuable natural resources to the maximum extent
1123practicable; or
1124     c.  Avoiding interference with active land management
1125practices, such as prescribed burning.
1126     4.  Except for easements granted as a part of a land
1127exchange to accomplish a recreational or conservation benefit or
1128other public purpose, in exchange for such easements, the
1129grantee pays an amount equal to the market value of the interest
1130acquired. In addition, for the initial grant of such easements
1131only, the grantee shall provide additional compensation by
1132vesting in the board of trustees fee simple title to other
1133available uplands that are 1.5 times the size of the easement
1134acquired by the grantee. The Secretary of Environmental
1135Protection shall approve the property to be acquired on behalf
1136of the board of trustees based on the geographic location in
1137relation to the land proposed to be under easement and a
1138determination that economic, ecological, and recreational value
1139is at least equivalent to the value of the lands under proposed
1140easement. Priority for replacement uplands shall be given to
1141parcels identified as in-holdings and additions to public lands
1142and lands on a Florida Forever land acquisition list. However,
1143if suitable replacement uplands cannot be identified, the
1144grantee shall provide additional compensation for the initial
1145grant of such easements only by paying to the department an
1146amount equal to 2 times the current market value of the state-
1147owned land or the highest and best use value at the time of
1148purchase, whichever is greater. When determining such use of
1149funds, priority shall be given to parcels identified as in-
1150holdings and additions to public lands and lands on a Florida
1151Forever land acquisition list.
1152     (c)  Where authority to approve easements for rights-of-way
1153over, across, and upon uplands the title to which is vested in
1154the board of trustees for the construction and operation of
1155electric transmission and distribution facilities and related
1156appurtenances has not been delegated to the Secretary of
1157Environmental Protection, the board of trustees shall apply the
1158same criteria and require the same compensation as provided
1159above, provided, however, the board of trustees shall have the
1160discretion to determine the amount of replacement lands required
1161within a range of from one to two times the size of the easement
1162acquired by the grantee, depending upon the degree to which the
1163proposed use of the easement will interfere with the manner in
1164which the lands within the proposed easement area have
1165historically been managed.
1166     Section 15.  Paragraph (d) of subsection (3) of section
1167255.249, Florida Statutes, is amended to read:
1168     255.249  Department of Management Services; responsibility;
1169department rules.--
1170     (3)
1171     (d)  By June 30 of each year, each state agency shall
1172annually provide to the department all information regarding
1173agency programs affecting the need for or use of space by that
1174agency, reviews of lease-expiration schedules for each
1175geographic area, active and planned full-time equivalent data,
1176business case analyses related to consolidation plans by an
1177agency, a telecommuting program, and current occupancy and
1178relocation costs, inclusive of furnishings, fixtures and
1179equipment, data, and communications.
1180     Section 16.  Section 255.251, Florida Statutes, is amended
1181to read:
1182     255.251  Energy Conservation and Sustainable in Buildings
1183Act; short title.--This act shall be cited as the "Florida
1184Energy Conservation and Sustainable in Buildings Act of 1974."
1185     Section 17.  Section 255.252, Florida Statutes, is amended
1186to read:
1187     255.252  Findings and intent.--
1188     (1)  Operating and maintenance expenditures associated with
1189energy equipment and with energy consumed in state-financed and
1190leased buildings represent a significant cost over the life of a
1191building. Energy conserved by appropriate building design not
1192only reduces the demand for energy but also reduces costs for
1193building operation. For example, commercial buildings are
1194estimated to use from 20 to 80 percent more energy than would be
1195required if energy-conserving designs were used. The size,
1196design, orientation, and operability of windows, the ratio of
1197ventilating air to air heated or cooled, the level of lighting
1198consonant with space-use requirements, the handling of occupancy
1199loads, and the ability to zone off areas not requiring
1200equivalent levels of heating or cooling are but a few of the
1201considerations necessary to conserving energy.
1202     (2)  Significant efforts are needed to build energy-
1203efficient state-owned buildings that meet environmental
1204standards and underway by the General Services Administration,
1205the National Institute of Standards and Technology, and others
1206to detail the considerations and practices for energy
1207conservation in buildings. Most important is that energy-
1208efficient designs provide energy savings over the life of the
1209building structure. Conversely, energy-inefficient designs cause
1210excess and wasteful energy use and high costs over that life.
1211With buildings lasting many decades and with energy costs
1212escalating rapidly, it is essential that the costs of operation
1213and maintenance for energy-using equipment and sustainable
1214materials be included in all design proposals for state-owned
1215state buildings.
1216     (3)  In order that such energy-efficiency and sustainable
1217materials considerations become a function of building design,
1218and also a model for future application in the private sector,
1219it shall be the policy of the state that buildings constructed
1220and financed by the state be designed and constructed to comply
1221with the United States Green Building Council (USGBC) Leadership
1222in Energy and Environmental Design (LEED) rating system, the
1223Green Building Initiative's Green Globes rating system, the
1224Florida Green Building Coalition standards, or a nationally
1225recognized, high-performance green building rating system as
1226approved by the department in a manner which will minimize the
1227consumption of energy used in the operation and maintenance of
1228such buildings. It is further the policy of the state, when
1229economically feasible, to retrofit existing state-owned
1230buildings in a manner which will minimize the consumption of
1231energy used in the operation and maintenance of such buildings.
1232     (4)  In addition to designing and constructing new
1233buildings to be energy-efficient, it shall be the policy of the
1234state to operate and, maintain, and renovate existing state
1235facilities, or provide for their renovation, in a manner which
1236will minimize energy consumption and maximize building
1237sustainability as well as ensure that facilities leased by the
1238state are operated so as to minimize energy use. It is further
1239the policy of the state that the renovation of existing state
1240facilities be in accordance with the United States Green
1241Building Council (USGBC) Leadership in Energy and Environmental
1242Design (LEED) rating system, the Green Building Initiative's
1243Green Globes rating system, the Florida Green Building Coalition
1244standards, or a nationally recognized, high-performance green
1245building rating system as approved by the department. State
1246agencies are encouraged to consider shared savings financing of
1247such energy efficiency and conservation projects, using
1248contracts which split the resulting savings for a specified
1249period of time between the state agency and the private firm or
1250cogeneration contracts which otherwise permit the state to lower
1251its net energy costs. Such energy contracts may be funded from
1252the operating budget.
1253     (5)  Each state agency occupying space within buildings
1254owned or managed by the Department of Management Services must
1255identify and compile a list of projects determined to be
1256suitable for a guaranteed energy, water, and wastewater
1257performance savings contract pursuant to s. 489.145. The list of
1258projects compiled by each state agency shall be submitted to the
1259Department of Management Services by December 31, 2008, and must
1260include all criteria used to determine suitability. The list of
1261projects shall be developed from the list of state-owned
1262facilities more than 5,000 square feet in area and for which the
1263state agency is responsible for paying the expenses of utilities
1264and other operating expenses as they relate to energy use. In
1265consultation with the head of each state agency, by July 1,
12662009, the department shall prioritize all projects deemed
1267suitable by each state agency and shall develop an energy
1268efficiency project schedule based on factors such as project
1269magnitude, efficiency and effectiveness of energy conservation
1270measures to be implemented, and other factors that may prove to
1271be advantageous to pursue. The schedule shall provide the
1272deadline for guaranteed energy, water, and wastewater
1273performance savings contract improvements to be made to the
1274state-owned buildings.
1275     Section 18.  Subsections (6) and (7) are added to section
1276255.253, Florida Statutes, to read:
1277     255.253  Definitions; ss. 255.251-255.258.--
1278     (6)  "Sustainable building" means a building that is
1279healthy and comfortable for its occupants and is economical to
1280operate while conserving resources, including energy, water, and
1281raw materials and land, and minimizing the generation and use of
1282toxic materials and waste in its design, construction,
1283landscaping, and operation.
1284     (7)  "Sustainable building rating" means a rating
1285established by the United States Green Building Council (USGBC)
1286Leadership in Energy and Environmental Design (LEED) rating
1287system, the Green Building Initiative's Green Globes rating
1288system, the Florida Green Building Coalition standards, or a
1289nationally recognized, high-performance green building rating
1290system as approved by the department.
1291     Section 19.  Subsection (1) of section 255.254, Florida
1292Statutes, is amended to read:
1293     255.254  No facility constructed or leased without life-
1294cycle costs.--
1295     (1)  No state agency shall lease, construct, or have
1296constructed, within limits prescribed in this section herein, a
1297facility without having secured from the department an a proper
1298evaluation of life-cycle costs based on sustainable building
1299ratings, as computed by an architect or engineer. Furthermore,
1300construction shall proceed only upon disclosing to the
1301department, for the facility chosen, the life-cycle costs as
1302determined in s. 255.255, the facility's sustainable building
1303rating goal, and the capitalization of the initial construction
1304costs of the building. The life-cycle costs and the sustainable
1305building rating goal shall be a primary considerations
1306consideration in the selection of a building design. Such
1307analysis shall be required only for construction of buildings
1308with an area of 5,000 square feet or greater. For leased
1309buildings more than 5,000 areas of 20,000 square feet in area or
1310greater within a given building boundary, an energy performance
1311a life-cycle analysis consisting of a projection of the annual
1312energy consumption costs in dollars per square foot of major
1313energy-consuming equipment and systems based on actual expenses
1314from the last 3 years and projected forward for the term of the
1315proposed lease shall be performed. The, and a lease shall only
1316be made where there is a showing that the energy life-cycle
1317costs incurred by the state are minimal compared to available
1318like facilities. A lease agreement for any building leased by
1319the state from a private-sector entity shall include provisions
1320for monthly energy use data to be collected and submitted
1321monthly to the department by the owner of the building.
1322     Section 20.  Subsection (1) of section 255.255, Florida
1323Statutes, is amended to read:
1324     255.255  Life-cycle costs.--
1325     (1)  The department shall adopt promulgate rules and
1326procedures, including energy conservation performance guidelines
1327based on sustainable building ratings, for conducting a life-
1328cycle cost analysis of alternative architectural and engineering
1329designs and alternative major items of energy-consuming
1330equipment to be retrofitted in existing state-owned or leased
1331facilities and for developing energy performance indices to
1332evaluate the efficiency of energy utilization for competing
1333designs in the construction of state-financed and leased
1334facilities.
1335     Section 21.  Section 255.257, Florida Statutes, is amended
1336to read:
1337     255.257  Energy management; buildings occupied by state
1338agencies.--
1339     (1)  ENERGY CONSUMPTION AND COST DATA.--Each state agency
1340shall collect data on energy consumption and cost. The data
1341gathered shall be on state-owned facilities and metered state-
1342leased facilities of 5,000 net square feet or more. These data
1343will be used in the computation of the effectiveness of the
1344state energy management plan and the effectiveness of the energy
1345management program of each of the state agencies. Collected data
1346shall be reported annually to the department in a format
1347prescribed by the department.
1348     (2)  ENERGY MANAGEMENT COORDINATORS.--Each state agency,
1349the Florida Public Service Commission, the Department of
1350Military Affairs, and the judicial branch shall appoint a
1351coordinator whose responsibility shall be to advise the head of
1352the state agency on matters relating to energy consumption in
1353facilities under the control of that head or in space occupied
1354by the various units comprising that state agency, in vehicles
1355operated by that state agency, and in other energy-consuming
1356activities of the state agency. The coordinator shall implement
1357the energy management program agreed upon by the state agency
1358concerned and assist the department in the development of the
1359State Energy Management Plan.
1360     (3)  CONTENTS OF THE STATE ENERGY MANAGEMENT PLAN.--The
1361Department of Management Services shall may develop a state
1362energy management plan consisting of, but not limited to, the
1363following elements:
1364     (a)  Data-gathering requirements;
1365     (b)  Building energy audit procedures;
1366     (c)  Uniform data analysis procedures;
1367     (d)  Employee energy education program measures;
1368     (e)  Energy consumption reduction techniques;
1369     (f)  Training program for state agency energy management
1370coordinators; and
1371     (g)  Guidelines for building managers.
1372
1373The plan shall include a description of actions that state
1374agencies shall take to reduce consumption of electricity and
1375nonrenewable energy sources used for space heating and cooling,
1376ventilation, lighting, water heating, and transportation.
1377     (4)  ADOPTION OF STANDARDS.--
1378     (a)  All state agencies shall adopt the United States Green
1379Building Council (USGBC) Leadership in Energy and Environmental
1380Design (LEED) rating system, the Green Building Initiative's
1381Green Globes rating system, the Florida Green Building Coalition
1382standards, or a nationally recognized, high-performance green
1383building rating system as approved by the department for all new
1384buildings and renovations to existing buildings.
1385     (b)  No state agency shall enter into new leasing
1386agreements for office space that does not meet Energy Star
1387building standards, except when determined by the appropriate
1388state agency head that no other viable or cost-effective
1389alternative exists.
1390     (c)  All state agencies shall develop energy conservation
1391measures and guidelines for new and existing office space where
1392state agencies occupy more than 5,000 square feet. These
1393conservation measures shall focus on programs that may reduce
1394energy consumption and, when established, provide a net
1395reduction in occupancy costs.
1396     Section 22.  (1)  The Legislature declares that there is an
1397important state interest in promoting the construction of
1398energy-efficient and sustainable buildings. Government
1399leadership in promoting these standards is vital to demonstrate
1400the state's commitment to energy conservation, saving taxpayers
1401money, and raising public awareness of energy-rating systems.
1402     (2)  All county, municipal, school district, water
1403management district, state university, community college, and
1404Florida state court buildings shall be constructed to meet the
1405United States Green Building Council (USGBC) Leadership in
1406Energy and Environmental Design (LEED) rating system, the Green
1407Building Initiative's Green Globes rating system, the Florida
1408Green Building Coalition standards, or a nationally recognized,
1409high-performance green building rating system as approved by the
1410Department of Management Services. This section shall apply to
1411all county, municipal, school district, water management
1412district, state university, community college, and Florida state
1413court buildings the architectural plans of which are commenced
1414after July 1, 2008.
1415     (3)  St. Petersburg College may work with the Florida
1416Community College System and may consult with the University of
1417Florida to provide training and educational opportunities that
1418will ensure that green building rating system certifying agents
1419(accredited professionals who possess a knowledge and
1420understanding of green building processes, practices, and
1421principles) are available to work with the entities specified in
1422subsection (2) as they construct public buildings to meet green
1423building rating system standards. St. Petersburg College may
1424work with the construction industry to develop online continuing
1425education curriculum for use statewide by builders constructing
1426energy-efficient and sustainable public-sector buildings and
1427students interested in the college's Green/Sustainability Track
1428in its Management and Organization Leadership area of study.
1429Curriculum developed may be offered by St. Petersburg College or
1430in cooperation with other programs at other community colleges.
1431     Section 23.  Section 286.29, Florida Statutes, is created
1432to read:
1433     286.29  Climate-friendly public business.--The Legislature
1434recognizes the importance of leadership by state government in
1435the area of energy efficiency and in reducing the greenhouse gas
1436emissions of state government operations. The following shall
1437pertain to all state agencies when conducting public business:
1438     (1)  The Department of Management Services shall develop
1439the "Florida Climate-Friendly Preferred Products List." In
1440maintaining that list, the department, in consultation with the
1441Department of Environmental Protection, shall continually assess
1442products currently available for purchase under state term
1443contracts to identify specific products and vendors that offer
1444clear energy efficiency or other environmental benefits over
1445competing products. When procuring products from state term
1446contracts, state agencies shall first consult the Florida
1447Climate-Friendly Preferred Products List and procure such
1448products if the price is comparable.
1449     (2)  Effective July 1, 2008, state agencies shall contract
1450for meeting and conference space only with hotels or conference
1451facilities that have received the "Green Lodging" designation
1452from the Department of Environmental Protection for best
1453practices in water, energy, and waste efficiency standards,
1454unless the responsible state agency head makes a determination
1455that no other viable alternative exists. The Department of
1456Environmental Protection is authorized to adopt rules to
1457implement the "Green Lodging" program.
1458     (3)  Each state agency shall ensure that all maintained
1459vehicles meet minimum maintenance schedules shown to reduce fuel
1460consumption, which include: ensuring appropriate tire pressures
1461and tread depth; replacing fuel filters and emission filters at
1462recommended intervals; using proper motor oils; and performing
1463timely motor maintenance. Each state agency shall measure and
1464report compliance to the Department of Management Services
1465through the Equipment Management Information System database.
1466     (4)  When procuring new vehicles, all state agencies, state
1467universities, community colleges, and local governments that
1468purchase vehicles under a state purchasing plan shall first
1469define the intended purpose for the vehicle and determine which
1470of the following use classes for which the vehicle is being
1471procured:
1472     (a)  State business travel, designated operator;
1473     (b)  State business travel, pool operators;
1474     (c)  Construction, agricultural, or maintenance work;
1475     (d)  Conveyance of passengers;
1476     (e)  Conveyance of building or maintenance materials and
1477supplies;
1478     (f)  Off-road vehicle, motorcycle, or all-terrain vehicle;
1479     (g)  Emergency response; or
1480     (h)  Other.
1481
1482Vehicles described in paragraphs (a) through (h), when being
1483processed for purchase or leasing agreements, must be selected
1484for the greatest fuel efficiency available for a given use class
1485when fuel economy data are available. Exceptions may be made for
1486individual vehicles in paragraph (g) when accompanied, during
1487the procurement process, by documentation indicating that the
1488operator or operators will exclusively be emergency first
1489responders or have special documented need for exceptional
1490vehicle performance characteristics. Any request for an
1491exception must be approved by the purchasing agency head and any
1492exceptional performance characteristics denoted as a part of the
1493procurement process prior to purchase.
1494     (5)  All state agencies shall use ethanol and biodiesel
1495blended fuels when available. State agencies administering
1496central fueling operations for state-owned vehicles shall
1497procure biofuels for fleet needs to the greatest extent
1498practicable.
1499     Section 24.  Paragraph (b) of subsection (2) and subsection
1500(5) of section 287.063, Florida Statutes, are amended to read:
1501     287.063  Deferred-payment commodity contracts; preaudit
1502review.--
1503     (2)
1504     (b)  The Chief Financial Officer shall establish, by rule,
1505criteria for approving purchases made under deferred-payment
1506contracts which require the payment of interest. Criteria shall
1507include, but not be limited to, the following provisions:
1508     1.  No contract shall be approved in which interest exceeds
1509the statutory ceiling contained in this section. However, the
1510interest component of any master equipment financing agreement
1511entered into for the purpose of consolidated financing of a
1512deferred-payment, installment sale, or lease-purchase shall be
1513deemed to comply with the interest rate limitation of this
1514section so long as the interest component of every interagency
1515agreement under such master equipment financing agreement
1516complies with the interest rate limitation of this section.
1517     2.  No deferred-payment purchase for less than $30,000
1518shall be approved, unless it can be satisfactorily demonstrated
1519and documented to the Chief Financial Officer that failure to
1520make such deferred-payment purchase would adversely affect an
1521agency in the performance of its duties. However, the Chief
1522Financial Officer may approve any deferred-payment purchase if
1523the Chief Financial Officer determines that such purchase is
1524economically beneficial to the state.
1525     3.  No agency shall obligate an annualized amount of
1526payments for deferred-payment purchases in excess of current
1527operating capital outlay appropriations, unless specifically
1528authorized by law or unless it can be satisfactorily
1529demonstrated and documented to the Chief Financial Officer that
1530failure to make such deferred-payment purchase would adversely
1531affect an agency in the performance of its duties.
1532     3.4.  No contract shall be approved which extends payment
1533beyond 5 years, unless it can be satisfactorily demonstrated and
1534documented to the Chief Financial Officer that failure to make
1535such deferred-payment purchase would adversely affect an agency
1536in the performance of its duties. The payment term may not
1537exceed the useful life of the equipment unless the contract
1538provides for the replacement or the extension of the useful life
1539of the equipment during the term of the loan.
1540     (5)  For purposes of this section, the annualized amount of
1541any such deferred payment commodity contract must be supported
1542from available recurring funds appropriated to the agency in an
1543appropriation category, other than the expense appropriation
1544category as defined in chapter 216, that the Chief Financial
1545Officer has determined is appropriate or that the Legislature
1546has designated for payment of the obligation incurred under this
1547section.
1548     Section 25.  Subsections (10) and (11) of section 287.064,
1549Florida Statutes, are amended to read:
1550     287.064  Consolidated financing of deferred-payment
1551purchases.--
1552     (10)(a)  A master equipment financing agreement may finance
1553Costs incurred pursuant to a guaranteed energy performance
1554savings contract, including the cost of energy, water, or
1555wastewater efficiency and conservation measures, each as defined
1556in s. 489.145, excluding may be financed pursuant to a master
1557equipment financing agreement; however, the costs of training,
1558operation, and maintenance, for a term of repayment that may not
1559be financed. The period of time for repayment of the funds drawn
1560pursuant to the master equipment financing agreement under this
1561subsection may exceed 5 years but may not exceed 20 10 years.
1562     (b)  The guaranteed energy, water, and wastewater savings
1563contractor shall provide for the replacement or the extension of
1564the useful life of the equipment during the term of the
1565contract.
1566     (11)  For purposes of consolidated financing of deferred
1567payment commodity contracts under this section by a state
1568agency, the annualized amount of any such contract must be
1569supported from available recurring funds appropriated to the
1570agency in an appropriation category, other than the expense
1571appropriation category as defined in chapter 216, which that the
1572Chief Financial Officer has determined is appropriate or which
1573that the Legislature has designated for payment of the
1574obligation incurred under this section.
1575     Section 26.  Subsection (12) of section 287.16, Florida
1576Statutes, is added to read:
1577     287.16  Powers and duties of department.--The Department of
1578Management Services shall have the following powers, duties, and
1579responsibilities:
1580     (12)  To conduct, in coordination with the Department of
1581Transportation, an analysis of fuel additive and biofuel use by
1582the Department of Transportation through its central fueling
1583facilities. The department shall encourage other state
1584government entities to analyze transportation fuel usage,
1585including the different types and percentages of fuels consumed,
1586and report such information to the department.
1587
1588     Section 27.  Present paragraphs (a) through (n) of
1589subsection (2) of section 288.1089, Florida Statutes, are
1590redesignated as paragraphs (b) through (o), respectively, and a
1591new paragraph (a) is added to that subsection, subsections (3),
1592(5), (6), and (7) of that section are amended, and paragraph (d)
1593is added to subsection (4) of that section, to read:
1594288.1089  Innovation Incentive Program.--
1595     (1)  The Innovation Incentive Program is created within the
1596Office of Tourism, Trade, and Economic Development to ensure
1597that sufficient resources are available to allow the state to
1598respond expeditiously to extraordinary economic opportunities
1599and to compete effectively for high-value research and
1600development and innovation business projects.
1601     (2)  As used in this section, the term:
1602     (a)  "Alternative and renewable energy" means electrical,
1603mechanical, or thermal energy produced from a method that uses
1604one or more of the following fuels or energy sources: ethanol,
1605cellulosic ethanol, biobutanol, biodiesel, biomass, biogas,
1606hydrogen fuel cells, ocean energy, hydrogen, solar, hydro, wind,
1607or geothermal.
1608     (3)  To be eligible for consideration for an innovation
1609incentive award, an innovation business or research and
1610development entity, or alternative and renewable energy project
1611must submit a written application to Enterprise Florida, Inc.,
1612before making a decision to locate new operations in this state
1613or expand an existing operation in this state. The application
1614must include, but not be limited to:
1615     (a)  The applicant's federal employer identification
1616number, unemployment account number, and state sales tax
1617registration number. If such numbers are not available at the
1618time of application, they must be submitted to the office in
1619writing prior to the disbursement of any payments under this
1620section.
1621     (b)  The location in this state at which the project is
1622located or is to be located.
1623     (c)  A description of the type of business activity,
1624product, or research and development undertaken by the
1625applicant, including six-digit North American Industry
1626Classification System codes for all activities included in the
1627project.
1628     (d)  The applicant's projected investment in the project.
1629     (e)  The total investment, from all sources, in the
1630project.
1631     (f)  The number of net new full-time equivalent jobs in
1632this state the applicant anticipates having created as of
1633December 31 of each year in the project and the average annual
1634wage of such jobs.
1635     (g)  The total number of full-time equivalent employees
1636currently employed by the applicant in this state, if
1637applicable.
1638     (h)  The anticipated commencement date of the project.
1639     (i)  A detailed explanation of why the innovation incentive
1640is needed to induce the applicant to expand or locate in the
1641state and whether an award would cause the applicant to locate
1642or expand in this state.
1643     (j)  If applicable, an estimate of the proportion of the
1644revenues resulting from the project that will be generated
1645outside this state.
1646     (4)  To qualify for review by the office, the applicant
1647must, at a minimum, establish the following to the satisfaction
1648of Enterprise Florida, Inc., and the office:
1649     (d)  For an alternative and renewable energy project in
1650this state, the project must:
1651     1.  Demonstrate a plan for significant collaboration with
1652an institution of higher education;
1653     2.  Provide the state, at a minimum, a break-even return on
1654investment within a 20-year period;
1655     3.  Include matching funds provided by the applicant or
1656other available sources. This requirement may be waived if the
1657office and the department determine that the merits of the
1658individual project or the specific circumstances warrant such
1659action;
1660     4.  Be located in this state;
1661     5.  Provide jobs that pay an estimated annual average wage
1662that equals at least 130 percent of the average private-sector
1663wage. The average wage requirement may be waived if the office
1664and the commission determine that the merits of the individual
1665project or the specific circumstances warrant such action; and
1666     6.  Meet one of the following criteria:
1667     a.  Result in the creation of at least 35 direct, new jobs
1668at the business.
1669     b.  Have an activity or product that uses feedstock or
1670other raw materials grown or produced in this state.
1671     c.  Have a cumulative investment of at least $50 million
1672within a 5-year period.
1673     d.  Address the technical feasibility of the technology,
1674and the extent to which the proposed project has been
1675demonstrated to be technically feasible based on pilot project
1676demonstrations, laboratory testing, scientific modeling, or
1677engineering or chemical theory that supports the proposal.
1678     e.  Include innovative technology and the degree to which
1679the project or business incorporates an innovative new
1680technology or an innovative application of an existing
1681technology.
1682     f.  Include production potential and the degree to which a
1683project or business generates thermal, mechanical, or electrical
1684energy by means of a renewable energy resource that has
1685substantial long-term production potential. The project must, to
1686the extent possible, quantify annual production potential in
1687megawatts or kilowatts.
1688     g.  Include and address energy efficiency and the degree to
1689which a project demonstrates efficient use of energy, water, and
1690material resources.
1691     h.  Include project management and the ability of
1692management to administer a complete the business project.
1693     (5)  Enterprise Florida, Inc., shall evaluate proposals for
1694innovation incentive awards and transmit recommendations for
1695awards to the office. Enterprise Florida, Inc., shall solicit
1696comments and recommendations from the Florida Energy and Climate
1697Commission for alternative and renewable energy project
1698proposals. Such evaluation and recommendation must include, but
1699need not be limited to:
1700     (a)  A description of the project, its required facilities,
1701and the associated product, service, or research and development
1702associated with the project.
1703     (b)  The percentage of match provided for the project.
1704     (c)  The number of full-time equivalent jobs that will be
1705created by the project, the total estimated average annual wages
1706of such jobs, and the types of business activities and jobs
1707likely to be stimulated by the project.
1708     (d)  The cumulative investment to be dedicated to the
1709project within 5 years and the total investment expected in the
1710project if more than 5 years.
1711     (e)  The projected economic and fiscal impacts on the local
1712and state economies relative to investment.
1713     (f)  A statement of any special impacts the project is
1714expected to stimulate in a particular business sector in the
1715state or regional economy or in the state's universities and
1716community colleges.
1717     (g)  A statement of any anticipated or proposed
1718relationships with state universities.
1719     (h)  A statement of the role the incentive is expected to
1720play in the decision of the applicant to locate or expand in
1721this state.
1722     (i)  A recommendation and explanation of the amount of the
1723award needed to cause the applicant to expand or locate in this
1724state.
1725     (j)  A discussion of the efforts and commitments made by
1726the local community in which the project is to be located to
1727induce the applicant's location or expansion, taking into
1728consideration local resources and abilities.
1729     (k)  A recommendation for specific performance criteria the
1730applicant would be expected to achieve in order to receive
1731payments from the fund and penalties or sanctions for failure to
1732meet or maintain performance conditions.
1733     (l)  For a research and development facility project:
1734     1.  A description of the extent to which the project has
1735the potential to serve as catalyst for an emerging or evolving
1736cluster.
1737     2.  A description of the extent to which the project has or
1738could have a long-term collaborative research and development
1739relationship with one or more universities or community colleges
1740in this state.
1741     3.  A description of the existing or projected impact of
1742the project on established clusters or targeted industry
1743sectors.
1744     4.  A description of the project's contribution to the
1745diversity and resiliency of the innovation economy of this
1746state.
1747     5.  A description of the project's impact on special needs
1748communities, including, but not limited to, rural areas,
1749distressed urban areas, and enterprise zones.
1750     (6)  In consultation with Enterprise Florida, Inc., the
1751office may negotiate the proposed amount of an award for any
1752applicant meeting the requirements of this section. In
1753negotiating such award, the office shall consider the amount of
1754the incentive needed to cause the applicant to locate or expand
1755in this state in conjunction with other relevant applicant
1756impact and cost information and analysis as described in this
1757section. Particular emphasis shall be given to the potential for
1758the project to stimulate additional private investment and high-
1759quality employment opportunities in the area.
1760     (7)  Upon receipt of the evaluation and recommendation from
1761Enterprise Florida, Inc., and from the Florida Energy and
1762Climate Commission for alternative and renewable energy project
1763proposals, the director shall recommend to the Governor the
1764approval or disapproval of an award. In recommending approval of
1765an award, the director shall include proposed performance
1766conditions that the applicant must meet in order to obtain
1767incentive funds and any other conditions that must be met before
1768the receipt of any incentive funds. The Governor shall consult
1769with the President of the Senate and the Speaker of the House of
1770Representatives before giving approval for an award. Upon
1771approval of an award the Executive Office of the Governor shall
1772release the funds pursuant to the legislative consultation and
1773review requirements set forth in s. 216.177.
1774     (8)  Upon approval by the Governor and release of the funds
1775as set forth in subsection (7), the director shall issue a
1776letter certifying the applicant as qualified for an award. The
1777office and the applicant shall enter into an agreement that sets
1778forth the conditions for payment of incentives. The agreement
1779must include the total amount of funds awarded; the performance
1780conditions that must be met to obtain the award or portions of
1781the award, including, but not limited to, net new employment in
1782the state, average wage, and total cumulative investment;
1783demonstration of a baseline of current service and a measure of
1784enhanced capability; the methodology for validating performance;
1785the schedule of payments; and sanctions for failure to meet
1786performance conditions, including any clawback provisions.
1787     (9)  Enterprise Florida, Inc., shall assist the office in
1788validating the performance of an innovation business or research
1789and development facility that has received an award. At the
1790conclusion of the innovation incentive award agreement, or its
1791earlier termination, Enterprise Florida, Inc., shall, within 90
1792days, report the results of the innovation incentive award to
1793the Governor, the President of the Senate, and the Speaker of
1794the House of Representatives.
1795(10)  Enterprise Florida, Inc., shall develop business
1796ethics standards based on appropriate best industry practices
1797which shall be applicable to all award recipients. The standards
1798shall address ethical duties of business enterprises, fiduciary
1799responsibilities of management, and compliance with the laws of
1800this state. Enterprise Florida, Inc., may collaborate with the
1801State University System in reviewing and evaluating appropriate
1802business ethics standards. Such standards shall be provided to
1803the Governor, the President of the Senate, and the Speaker of
1804the House of Representatives by December 31, 2006. An award
1805agreement entered into on or after December 31, 2006, shall
1806require a recipient to comply with the business ethics standards
1807developed pursuant to this section.
1808     Section 28.  Section 316.0741, Florida Statutes, is amended
1809to read:
1810     316.0741  High-occupancy-vehicle High occupancy vehicle
1811lanes.--
1812     (1)  As used in this section, the term:
1813     (a)  "High-occupancy-vehicle "High occupancy vehicle lane"
1814or "HOV lane" means a lane of a public roadway designated for
1815use by vehicles in which there is more than one occupant unless
1816otherwise authorized by federal law.
1817     (b)  "Hybrid vehicle" means a motor vehicle that:
1818     1.  Draws propulsion energy from an onboard source of
1819stored energy comprised of both an internal combustion or heat
1820engine using combustible fuel and a rechargeable energy-storage
1821system; and
1822     2.  In the case of a passenger automobile or light truck,
1823has received a certificate of conformity under the Clean Air
1824Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
1825equivalent qualifying California standards for a low-emission
1826vehicle.
1827     (2)  The number of persons who that must be in a vehicle to
1828qualify for legal use of the HOV lane and the hours during which
1829the lane will serve as an HOV lane, if it is not designated as
1830such on a full-time basis, must also be indicated on a traffic
1831control device.
1832     (3)  Except as provided in subsection (4), a vehicle may
1833not be driven in an HOV lane if the vehicle is occupied by fewer
1834than the number of occupants indicated by a traffic control
1835device. A driver who violates this section shall be cited for a
1836moving violation, punishable as provided in chapter 318.
1837     (4)(a)  Notwithstanding any other provision of this
1838section, an inherently low-emission vehicle (ILEV) that is
1839certified and labeled in accordance with federal regulations may
1840be driven in an HOV lane at any time, regardless of its
1841occupancy. In addition, upon the state's receipt of written
1842notice from the proper federal regulatory agency authorizing
1843such use, a vehicle defined as a hybrid vehicle under this
1844section may be driven in an HOV lane at any time, regardless of
1845its occupancy.
1846     (b)  All eligible hybrid and other low-emission and energy-
1847efficient vehicles driven in an HOV lane must comply with the
1848minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B).
1849     (c)  Upon its effective date, the eligibility of hybrid and
1850other low-emission and energy-efficient vehicles for operation
1851in an HOV lane regardless of occupancy shall be determined in
1852accordance with the applicable final rule issued by the United
1853States Environmental Protection Agency pursuant to 23 U.S.C. s.
1854166(e).
1855     (5)  The department shall issue a decal and registration
1856certificate, to be renewed annually, reflecting the HOV lane
1857designation on such vehicles meeting the criteria in subsection
1858(4) authorizing driving in an HOV lane at any time such use. The
1859department may charge a fee for a decal, not to exceed the costs
1860of designing, producing, and distributing each decal, or $5,
1861whichever is less. The proceeds from sale of the decals shall be
1862deposited in the Highway Safety Operating Trust Fund. The
1863department may, for reasons of operation and management of HOV
1864facilities, limit or discontinue issuance of decals for the use
1865of HOV facilities by hybrid and low-emission and energy-
1866efficient vehicles regardless of occupancy if it has been
1867determined by the Department of Transportation that the
1868facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
1869     (6)  Vehicles having decals by virtue of compliance with
1870the minimum fuel economy standards in 23 U.S.C. s. 166(f)(3)(B)
1871and that are registered for use in high-occupancy-vehicle toll
1872lanes or express lanes in accordance with Department of
1873Transportation rule shall be allowed to use any HOV lane
1874redesignated as a high-occupancy-vehicle toll lane without
1875requiring payment of the toll.
1876     (5)  As used in this section, the term "hybrid vehicle"
1877means a motor vehicle:
1878     (a)  That draws propulsion energy from onboard sources of
1879stored energy which are both:
1880     1.  An internal combustion or heat engine using combustible
1881fuel; and
1882     2.  A rechargeable energy storage system; and
1883     (b)  That, in the case of a passenger automobile or light
1884truck:
1885     1.  Has received a certificate of conformity under the
1886Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
1887     2.  Meets or exceeds the equivalent qualifying California
1888standards for a low-emission vehicle.
1889     (7)(6)  The department may adopt rules necessary to
1890administer this section.
1891     Section 29.  Subsection (1) of section 337.401, Florida
1892Statutes, is amended to read:
1893     337.401  Use of right-of-way for utilities subject to
1894regulation; permit; fees.--
1895     (1)  The department and local governmental entities,
1896referred to in ss. 337.401-337.404 as the "authority," that have
1897jurisdiction and control of public roads or publicly owned rail
1898corridors are authorized to prescribe and enforce reasonable
1899rules or regulations with reference to the placing and
1900maintaining along, across, or on any road or publicly owned rail
1901corridors under their respective jurisdictions any electric
1902transmission, telephone, telegraph, or other communications
1903services lines; pole lines; poles; railways; ditches; sewers;
1904water, heat, or gas mains; pipelines; fences; gasoline tanks and
1905pumps; or other structures hereinafter referred to in this
1906section as the "utility." For aerial and underground electric
1907utility transmission lines designed to operate at 69 or more
1908kilovolts that are needed to accommodate the additional
1909electrical transfer capacity on the transmission grid resulting
1910from new base-load generating facilities, where there is no
1911other practicable alternative available for placement of the
1912electric utility transmission lines on the department's rights-
1913of-way, the department's rules shall provide for placement of
1914and access to such transmission lines adjacent to and within the
1915right-of-way of any department-controlled public roads,
1916including longitudinally within limited access facilities to the
1917greatest extent allowed by federal law, if compliance with the
1918standards established by such rules is achieved. Such rules may
1919include, but need not be limited to, that the use of the right-
1920of-way is reasonable based upon a consideration of economic and
1921environmental factors, including, without limitation, other
1922practicable alternative alignments, utility corridors and
1923easements, impacts on adjacent property owners, and minimum
1924clear zones and other safety standards, and further provide that
1925placement of the electric utility transmission lines within the
1926department's right-of-way does not interfere with operational
1927requirements of the transportation facility or planned or
1928potential future expansion of such transportation facility. If
1929the department approves longitudinal placement of electric
1930utility transmission lines in limited access facilities,
1931compensation for the use of the right-of-way is required. Such
1932consideration or compensation paid by the electric utility in
1933connection with the department's issuance of a permit does not
1934create any property right in the department's property
1935regardless of the amount of consideration paid or the
1936improvements constructed on the property by the utility. Upon
1937notice by the department that the property is needed for
1938expansion or improvement of the transportation facility, the
1939electric utility transmission line will relocate from the
1940facility at the electric utility's sole expense. The electric
1941utility shall pay to the department reasonable damages resulting
1942from the utility's failure or refusal to timely relocate its
1943transmission lines. The rules to be adopted by the department
1944may also address the compensation methodology and relocation. As
1945used in this subsection, the term "base-load generating
1946facilities" means electric power plants that are certified under
1947part II of chapter 403. The department may enter into a permit-
1948delegation agreement with a governmental entity if issuance of a
1949permit is based on requirements that the department finds will
1950ensure the safety and integrity of facilities of the Department
1951of Transportation; however, the permit-delegation agreement does
1952not apply to facilities of electric utilities as defined in s.
1953366.02(2).
1954     Section 30.  Subsections (1) and (7) of section 339.175,
1955Florida Statutes, are amended to read:
1956     339.175  Metropolitan planning organization.--
1957     (1)  PURPOSE.--It is the intent of the Legislature to
1958encourage and promote the safe and efficient management,
1959operation, and development of surface transportation systems
1960that will serve the mobility needs of people and freight and
1961foster economic growth and development within and through
1962urbanized areas of this state while minimizing transportation-
1963related fuel consumption, and air pollution, and greenhouse gas
1964emissions through metropolitan transportation planning processes
1965identified in this section. To accomplish these objectives,
1966metropolitan planning organizations, referred to in this section
1967as M.P.O.'s, shall develop, in cooperation with the state and
1968public transit operators, transportation plans and programs for
1969metropolitan areas. The plans and programs for each metropolitan
1970area must provide for the development and integrated management
1971and operation of transportation systems and facilities,
1972including pedestrian walkways and bicycle transportation
1973facilities that will function as an intermodal transportation
1974system for the metropolitan area, based upon the prevailing
1975principles provided in s. 334.046(1). The process for developing
1976such plans and programs shall provide for consideration of all
1977modes of transportation and shall be continuing, cooperative,
1978and comprehensive, to the degree appropriate, based on the
1979complexity of the transportation problems to be addressed. To
1980ensure that the process is integrated with the statewide
1981planning process, M.P.O.'s shall develop plans and programs that
1982identify transportation facilities that should function as an
1983integrated metropolitan transportation system, giving emphasis
1984to facilities that serve important national, state, and regional
1985transportation functions. For the purposes of this section,
1986those facilities include the facilities on the Strategic
1987Intermodal System designated under s. 339.63 and facilities for
1988which projects have been identified pursuant to s. 339.2819(4).
1989     (7)  LONG-RANGE TRANSPORTATION PLAN.--Each M.P.O. must
1990develop a long-range transportation plan that addresses at least
1991a 20-year planning horizon. The plan must include both long-
1992range and short-range strategies and must comply with all other
1993state and federal requirements. The prevailing principles to be
1994considered in the long-range transportation plan are: preserving
1995the existing transportation infrastructure; enhancing Florida's
1996economic competitiveness; and improving travel choices to ensure
1997mobility. The long-range transportation plan must be consistent,
1998to the maximum extent feasible, with future land use elements
1999and the goals, objectives, and policies of the approved local
2000government comprehensive plans of the units of local government
2001located within the jurisdiction of the M.P.O. Each M.P.O. is
2002encouraged to consider strategies that integrate transportation
2003and land use planning to provide for sustainable development and
2004reduce greenhouse gas emissions. The approved long-range
2005transportation plan must be considered by local governments in
2006the development of the transportation elements in local
2007government comprehensive plans and any amendments thereto. The
2008long-range transportation plan must, at a minimum:
2009     (a)  Identify transportation facilities, including, but not
2010limited to, major roadways, airports, seaports, spaceports,
2011commuter rail systems, transit systems, and intermodal or
2012multimodal terminals that will function as an integrated
2013metropolitan transportation system. The long-range
2014transportation plan must give emphasis to those transportation
2015facilities that serve national, statewide, or regional
2016functions, and must consider the goals and objectives identified
2017in the Florida Transportation Plan as provided in s. 339.155. If
2018a project is located within the boundaries of more than one
2019M.P.O., the M.P.O.'s must coordinate plans regarding the project
2020in the long-range transportation plan.
2021     (b)  Include a financial plan that demonstrates how the
2022plan can be implemented, indicating resources from public and
2023private sources which are reasonably expected to be available to
2024carry out the plan, and recommends any additional financing
2025strategies for needed projects and programs. The financial plan
2026may include, for illustrative purposes, additional projects that
2027would be included in the adopted long-range transportation plan
2028if reasonable additional resources beyond those identified in
2029the financial plan were available. For the purpose of developing
2030the long-range transportation plan, the M.P.O. and the
2031department shall cooperatively develop estimates of funds that
2032will be available to support the plan implementation. Innovative
2033financing techniques may be used to fund needed projects and
2034programs. Such techniques may include the assessment of tolls,
2035the use of value capture financing, or the use of value pricing.
2036     (c)  Assess capital investment and other measures necessary
2037to:
2038     1.  Ensure the preservation of the existing metropolitan
2039transportation system including requirements for the operation,
2040resurfacing, restoration, and rehabilitation of major roadways
2041and requirements for the operation, maintenance, modernization,
2042and rehabilitation of public transportation facilities; and
2043     2.  Make the most efficient use of existing transportation
2044facilities to relieve vehicular congestion and maximize the
2045mobility of people and goods.
2046     (d)  Indicate, as appropriate, proposed transportation
2047enhancement activities, including, but not limited to,
2048pedestrian and bicycle facilities, scenic easements,
2049landscaping, historic preservation, mitigation of water
2050pollution due to highway runoff, and control of outdoor
2051advertising.
2052     (e)  In addition to the requirements of paragraphs (a)-(d),
2053in metropolitan areas that are classified as nonattainment areas
2054for ozone or carbon monoxide, the M.P.O. must coordinate the
2055development of the long-range transportation plan with the State
2056Implementation Plan developed pursuant to the requirements of
2057the federal Clean Air Act.
2058
2059In the development of its long-range transportation plan, each
2060M.P.O. must provide the public, affected public agencies,
2061representatives of transportation agency employees, freight
2062shippers, providers of freight transportation services, private
2063providers of transportation, representatives of users of public
2064transit, and other interested parties with a reasonable
2065opportunity to comment on the long-range transportation plan.
2066The long-range transportation plan must be approved by the
2067M.P.O.
2068     Section 31.  Subsections (2), (3), and (4) of section
2069350.01, Florida Statutes, are amended to read:
2070     350.01  Florida Public Service Commission; terms of
2071commissioners; vacancies; election and duties of chair; quorum;
2072proceedings.--
2073     (2)(a)  Each commissioner serving on July 1, 1978, shall be
2074permitted to remain in office until the completion of his or her
2075current term. Upon the expiration of the term, a successor shall
2076be appointed in the manner prescribed by s. 350.031(5), (6), and
2077(7) for a 4-year term, except that the terms of the initial
2078members appointed under this act shall be as follows:
2079     1.  The vacancy created by the present term ending in
2080January, 1981, shall be filled by appointment for a 4-year term
2081and for 4-year terms thereafter; and
2082     2.  The vacancies created by the two present terms ending
2083in January, 1979, shall be filled by appointment for a 3-year
2084term and for 4-year terms thereafter.
2085     (b)  Two additional commissioners shall be appointed in the
2086manner prescribed by s. 350.031(5), (6), and (7) for 4-year
2087terms beginning the first Tuesday after the first Monday in
2088January, 1979, and successors shall be appointed for 4-year
2089terms thereafter with each term beginning on January 2 of the
2090year the term commences and ending 4 years later on January 1.
2091     (c)  Vacancies on the commission shall be filled for the
2092unexpired portion of the term in the same manner as original
2093appointments to the commission.
2094     (3)  Any person serving on the commission who seeks to be
2095appointed or reappointed shall file with the nominating council
2096no later than June 1 prior to the year in which his or her term
2097expires at least 210 days before the expiration of his or her
2098term a statement that he or she desires to serve an additional
2099term.
2100     (4)  One member of the commission shall be elected by
2101majority vote to serve as chair for a term of 2 years, beginning
2102on January 2 of the first year of the term with the first
2103Tuesday after the first Monday in January 1979. A member may not
2104serve two consecutive terms as chair.
2105     Section 32.  Section 350.012, Florida Statutes, is amended
2106to read:
2107     350.012  Committee on Public Counsel Service Commission
2108Oversight; creation; membership; powers and duties.--
2109     (1)  There is created a standing joint committee of the
2110Legislature, designated the Committee on Public Counsel Service
2111Commission Oversight, and composed of 12 members appointed as
2112follows: six members of the Senate appointed by the President of
2113the Senate, two of whom must be members of the minority party;
2114and six members of the House of Representatives appointed by the
2115Speaker of the House of Representatives, two of whom must be
2116members of the minority party. The terms of members shall be for
21172 years and shall run from the organization of one Legislature
2118to the organization of the next Legislature. The President shall
2119appoint the chair of the committee in even-numbered years and
2120the vice chair in odd-numbered years, and the Speaker of the
2121House of Representatives shall appoint the chair of the
2122committee in odd-numbered years and the vice chair in even-
2123numbered years, from among the committee membership. Vacancies
2124shall be filled in the same manner as the original appointment.
2125Members shall serve without additional compensation, but shall
2126be reimbursed for expenses.
2127     (2)  The committee shall:
2128     (a)  Recommend to the Governor nominees to fill a vacancy
2129on the Public Service Commission, as provided by general law;
2130and
2131     (b)  appoint a Public Counsel as provided by general law.
2132     (3)  The committee is authorized to file a complaint with
2133the Commission on Ethics alleging a violation of this chapter by
2134a commissioner, former commissioner, former commission employee,
2135or member of the Public Service Commission Nominating Council.
2136     (4)  The committee will not have a permanent staff, but the
2137President of the Senate and the Speaker of the House of
2138Representatives shall select staff members from among existing
2139legislative staff, when and as needed.
2140     Section 33.  Section 350.03, Florida Statutes, is amended
2141to read:
2142     350.03  Power of Governor to remove and to fill
2143vacancies.-- The Governor shall have the same power to remove,
2144suspend, or appoint to fill vacancies in the office of
2145commissioners as in other offices, as set forth in s. 7, Art. IV
2146of the State Constitution.
2147     Section 34.  Subsections (1), (5), (6), (7), and (8) of
2148section 350.031, Florida Statutes, are amended, and subsection
2149(9) is added to that section, to read:
2150     350.031  Florida Public Service Commission Nominating
2151Council.--
2152     (1)(a)  There is created a Florida Public Service
2153Commission Nominating Council consisting of 12 nine members. At
2154least one member of the council must be 60 years of age or
2155older. Six Three members, including three members one member of
2156the House of Representatives, one of whom shall be a member of
2157the minority party, shall be appointed by and serve at the
2158pleasure of the Speaker of the House of Representatives. Six;
2159three members, including three members one member of the Senate,
2160one of whom shall be a member of the minority party, shall be
2161appointed by and serve at the pleasure of the President of the
2162Senate; and three members shall be selected and appointed by a
2163majority vote of the other six members of the council.
2164     (b)  All terms shall be for 4 years except those members of
2165the House and Senate, who shall serve 2-year terms concurrent
2166with the 2-year elected terms of House members. All terms of the
2167members of the Public Service Commission Nominating Council
2168existing on June 30, 2008, shall terminate upon the effective
2169date of this act; however, such members may serve an additional
2170term if reappointed by the Speaker of the House of
2171Representatives or the President of the Senate. To establish
2172staggered terms, appointments of members shall be made for
2173initial terms to begin on July 1, 2008, with each appointing
2174officer to appoint three legislator members, one of whom shall
2175be a member of the minority party, to terms through the
2176remainder of the 2-year elected terms of House members; one
2177nonlegislator member to a 6-month term; one nonlegislator member
2178to an 18-month term; and one nonlegislator member to a 42-month
2179term. Thereafter, the terms of the nonlegislator members of the
2180Public Service Commission Nominating Council shall begin on
2181January 2 of the year the term commences and end 4 years later
2182on January 1.
2183     (c)  The President of the Senate shall appoint the chair of
2184the council in even-numbered years and the vice chair in odd-
2185numbered years, and the Speaker of the House of Representatives
2186shall appoint the chair of the council in odd-numbered years and
2187the vice chair in even-numbered years, from among the council
2188membership.
2189     (d)  Vacancies on the council shall be filled for the
2190unexpired portion of the term in the same manner as original
2191appointments to the council. A member may not be reappointed to
2192the council, except for a member of the House of Representatives
2193or the Senate who may be appointed to two 2-year terms, members
2194who are reappointed pursuant to paragraph (b), or a person who
2195is appointed to fill the remaining portion of an unexpired term.
2196     (5)  A person may not be nominated to the Governor for
2197appointment to the Committee on Public Service Commission
2198Oversight until the council has determined that the person is
2199competent and knowledgeable in one or more fields, which shall
2200include, but not be limited to: public affairs, law, economics,
2201accounting, engineering, finance, natural resource conservation,
2202energy, or another field substantially related to the duties and
2203functions of the commission. The commission shall fairly
2204represent the above-stated fields. Recommendations of the
2205council shall be nonpartisan.
2206     (6)  It is the responsibility of the council to nominate to
2207the Governor no fewer than three Committee on Public Service
2208Commission Oversight six persons for each vacancy occurring on
2209the Public Service Commission. The council shall submit the
2210recommendations to the Governor by September 15 committee by
2211August 1 of those years in which the terms are to begin the
2212following January, or within 60 days after a vacancy occurs for
2213any reason other than the expiration of the term.
2214     (7)  The Committee on Public Service Commission Oversight
2215shall select from the list of nominees provided by the
2216nominating council three nominees for recommendation to the
2217Governor for appointment to the commission. The recommendations
2218must be provided to the Governor within 45 days after receipt of
2219the list of nominees. The Governor shall fill a vacancy
2220occurring on the Public Service Commission by appointment of one
2221of the applicants nominated by the council committee only after
2222a background investigation of such applicant has been conducted
2223by the Florida Department of Law Enforcement. If the Governor
2224has not made an appointment within 30 consecutive calendar days
2225after the receipt of the recommendation, the council committee,
2226by majority vote, shall appoint, within 30 days after the
2227expiration of the Governor's time to make an appointment, one
2228person from the applicants previously nominated to the Governor
2229to fill the vacancy.
2230     (8)  Each appointment to the Public Service Commission
2231shall be subject to confirmation by the Senate during the next
2232regular session after the vacancy occurs. If the Senate refuses
2233to confirm or fails to consider rejects the Governor's
2234appointment, the council shall initiate, in accordance with this
2235section, the nominating process within 30 days.
2236     (9)  When the Governor makes an appointment, to fill a
2237vacancy occurring due to expiration of the term, and that
2238appointment has not been confirmed by the Senate before the
2239appointing Governor's term ends, a successor Governor may,
2240within 30 days after taking office, recall the appointment and,
2241prior to the first day of the next regular session, make a
2242replacement appointment from the list provided to the previous
2243Governor by the council. Such an appointment is subject to
2244confirmation by the Senate at the next regular session following
2245the creation of the vacancy to which the appointments are being
2246made. If the replacement appointment is not timely made, or if
2247the appointment is not confirmed by the Senate for any reason,
2248the council, by majority vote, shall appoint, within 30 days
2249after the Legislature adjourns sine die, one person from the
2250applicants previously nominated to the Governor to fill the
2251vacancy, and this appointee is subject to confirmation by the
2252Senate during the next regular session following the
2253appointment.
2254     Section 35.  Subsection (1) of section 350.061, Florida
2255Statutes, is amended to read:
2256     350.061  Public Counsel; appointment; oath; restrictions on
2257Public Counsel and his or her employees.--
2258     (1)  The Committee on Public Counsel Service Commission
2259Oversight shall appoint a Public Counsel by majority vote of the
2260members of the committee to represent the general public of
2261Florida before the Florida Public Service Commission. The Public
2262Counsel shall be an attorney admitted to practice before the
2263Florida Supreme Court and shall serve at the pleasure of the
2264Committee on Public Counsel Service Commission Oversight,
2265subject to biennial reconfirmation by the committee. The Public
2266Counsel shall perform his or her duties independently. Vacancies
2267in the office shall be filled in the same manner as the original
2268appointment.
2269     Section 36.  Subsection (2) of section 350.0614, Florida
2270Statutes, is amended to read:
2271     350.0614  Public Counsel; compensation and expenses.--
2272     (2)  The Legislature declares and determines that the
2273Public Counsel is under the legislative branch of government
2274within the intention of the legislation as expressed in chapter
2275216, and no power shall be in the Executive Office of the
2276Governor or its successor to release or withhold funds
2277appropriated to it, but the same shall be available for
2278expenditure as provided by law and the rules or decisions of the
2279Committee on Public Counsel Service Commission Oversight.
2280     Section 37.  Subsection (7) is added to section 366.04,
2281Florida Statutes, to read:
2282     366.04  Jurisdiction of commission.--
2283     (7)(a)  As used in this subsection, the term "affected
2284municipal electric utility" means a municipality that operates
2285an electric utility that:
2286     1.  Serves two cities in the same county;
2287     2.  Is located in a noncharter county;
2288     3.  Has between 30,000 and 35,000 retail electric customers
2289as of September 30, 2007; and
2290     4.  Does not have a service territory that extends beyond
2291its home county as of September 30, 2007.
2292     (b)  Each affected municipal electric utility shall conduct
2293a referendum election of all of its retail electric customers,
2294with each named retail electric customer having one vote,
2295concurrent with the next regularly scheduled general election
2296following the effective date of this act.
2297     (c)  The ballot for the referendum election required under
2298paragraph (b) shall contain the following question: "Should a
2299separate electric utility authority be created to operate the
2300business of the electric utility in the affected municipal
2301electric utility?" The statement shall be followed by the word
2302"yes" and the word "no."
2303     (d)  The provisions of the Election Code relating to notice
2304and conduct of the election shall be followed to the extent
2305practicable. Costs of the referendum election shall be borne by
2306the affected municipal electric utility.
2307     (e)  If a majority of the affected municipal electric
2308utility's retail electric customers vote in favor of creating a
2309separate electric utility authority, the affected municipal
2310electric utility shall, no later than January 15, 2009, provide
2311to each member of the Legislature whose district includes any
2312portion of the electric service territory of the affected
2313municipal electric utility a proposed charter that transfers
2314operations of its electric, water, and sewer utility businesses
2315to a duly-created authority, the governing board of which shall
2316proportionally represent the number of county and city
2317ratepayers of the electric utility.
2318     Section 38.  Section 366.81, Florida Statutes, is amended
2319to read:
2320     366.81  Legislative findings and intent.--The Legislature
2321finds and declares that it is critical to utilize the most
2322efficient and cost-effective demand-side renewable energy
2323systems and conservation systems in order to protect the health,
2324prosperity, and general welfare of the state and its citizens.
2325Reduction in, and control of, the growth rates of electric
2326consumption and of weather-sensitive peak demand are of
2327particular importance. The Legislature further finds that the
2328Florida Public Service Commission is the appropriate agency to
2329adopt goals and approve plans related to the promotion of
2330demand-side renewable energy systems and the conservation of
2331electric energy and natural gas usage. The Legislature directs
2332the commission to develop and adopt overall goals and authorizes
2333the commission to require each utility to develop plans and
2334implement programs for increasing energy efficiency and
2335conservation and demand-side renewable energy systems within its
2336service area, subject to the approval of the commission. Since
2337solutions to our energy problems are complex, the Legislature
2338intends that the use of solar energy, renewable energy sources,
2339highly efficient systems, cogeneration, and load-control systems
2340be encouraged. Accordingly, in exercising its jurisdiction, the
2341commission shall not approve any rate or rate structure which
2342discriminates against any class of customers on account of the
2343use of such facilities, systems, or devices. This expression of
2344legislative intent shall not be construed to preclude
2345experimental rates, rate structures, or programs. The
2346Legislature further finds and declares that ss. 366.80-366.85
2347and 403.519 are to be liberally construed in order to meet the
2348complex problems of reducing and controlling the growth rates of
2349electric consumption and reducing the growth rates of weather-
2350sensitive peak demand; increasing the overall efficiency and
2351cost-effectiveness of electricity and natural gas production and
2352use; encouraging further development of demand-side renewable
2353energy systems cogeneration facilities; and conserving expensive
2354resources, particularly petroleum fuels.
2355     Section 39.  Section 366.82, Florida Statutes, is amended
2356to read:
2357     366.82  Definition; goals; plans; programs; annual reports;
2358energy audits.--
2359     (1)  For the purposes of ss. 366.80-366.85 and 403.519:,
2360     (a)  "Utility" means any person or entity of whatever form
2361which provides electricity or natural gas at retail to the
2362public, specifically including municipalities or
2363instrumentalities thereof and cooperatives organized under the
2364Rural Electric Cooperative Law and specifically excluding any
2365municipality or instrumentality thereof, any cooperative
2366organized under the Rural Electric Cooperative Law, or any other
2367person or entity providing natural gas at retail to the public
2368whose annual sales volume is less than 100 million therms or any
2369municipality or instrumentality thereof and any cooperative
2370organized under the Rural Electric Cooperative Law providing
2371electricity at retail to the public whose annual sales as of
2372July 1, 1993, to end-use customers is less than 2,000 gigawatt
2373hours.
2374     (b)  "Demand-side renewable energy" means a system located
2375on a customer's premises generating thermal or electric energy
2376using Florida renewable energy resources and primarily intended
2377to offset all or part of the customer's electricity requirements
2378provided such system does not exceed 2 megawatts.
2379     (2)  The commission shall adopt appropriate goals for
2380increasing the efficiency of energy consumption and increasing
2381the development of demand-side renewable energy systems
2382cogeneration, specifically including goals designed to increase
2383the conservation of expensive resources, such as petroleum
2384fuels, to reduce and control the growth rates of electric
2385consumption, and to reduce the growth rates of weather-sensitive
2386peak demand, and to encourage development of demand-side
2387renewable energy resources. The commission may allow efficiency
2388investments across generation, transmission, and distribution as
2389well as efficiencies within the user base. The Executive Office
2390of the Governor shall be a party in the proceedings to adopt
2391goals. The commission may change the goals for reasonable cause.
2392The time period to review the goals, however, shall not exceed 5
2393years. After the programs and plans to meet those goals are
2394completed, the commission shall determine what further goals,
2395programs, or plans are warranted and, if so, shall adopt them.
2396     (3)  In developing the goals, the commission shall evaluate
2397the full technical potential of all available demand-side and
2398supply-side conservation and efficiency measures, including
2399demand-side renewable energy systems. In establishing the goals,
2400the commission shall take into consideration:
2401     (a)  The costs and benefits to customers participating in
2402the measure.
2403     (b)  The costs and benefits to the general body of
2404ratepayers as a whole, including utility incentives and
2405participant contributions.
2406     (c)  The need for incentives to promote both customer-owned
2407and utility-owned energy efficiency and demand-side renewable
2408energy systems.
2409     (d)  The costs imposed by state and federal regulations on
2410the emission of greenhouse gases.
2411     (4)  Subject to specific appropriation, the commission may
2412expend up to $250,000 from the Florida Public Service Regulatory
2413Trust Fund to obtain needed technical consulting assistance.
2414     (5)  The Florida Energy and Climate Commission shall be a
2415party in the proceedings to adopt goals and shall file with the
2416commission comments on the proposed goals, including, but not
2417limited to:
2418     (a)  An evaluation of utility load forecasts, including an
2419assessment of alternative supply-side and demand-side resource
2420options.
2421     (b)  An analysis of various policy options that can be
2422implemented to achieve a least-cost strategy, including
2423nonutility programs targeted at reducing and controlling the per
2424capita use of electricity in the state.
2425     (c)  An analysis of the impact of state and local building
2426codes and appliance efficiency standards on the need for
2427utility-sponsored conservation and energy efficiency measures
2428and programs.
2429     (6)  The commission may change the goals for reasonable
2430cause. The time period to review the goals, however, shall not
2431exceed 5 years. After the programs and plans to meet those goals
2432are completed, the commission shall determine what further
2433goals, programs, or plans are warranted and adopt them.
2434     (7)(3)  Following adoption of goals pursuant to subsections
2435subsection (2) and (3), the commission shall require each
2436utility to develop plans and programs to meet the overall goals
2437within its service area. The commission may require
2438modifications or additions to a utility's plans and programs at
2439any time it is in the public interest consistent with this act.
2440In approving plans and programs for cost recovery, the
2441commission shall have the flexibility to modify or deny plans or
2442programs that would have an undue impact on the costs passed on
2443to customers. If any plan or program includes loans, collection
2444of loans, or similar banking functions by a utility and the plan
2445is approved by the commission, the utility shall perform such
2446functions, notwithstanding any other provision of the law. The
2447commission may pledge up to $5 million of the Florida Public
2448Service Regulatory Trust Fund to guarantee such loans. However,
2449no utility shall be required to loan its funds for the purpose
2450of purchasing or otherwise acquiring conservation measures or
2451devices, but nothing herein shall prohibit or impair the
2452administration or implementation of a utility plan as submitted
2453by a utility and approved by the commission under this
2454subsection. If the commission disapproves a plan, it shall
2455specify the reasons for disapproval, and the utility whose plan
2456is disapproved shall resubmit its modified plan within 30 days.
2457Prior approval by the commission shall be required to modify or
2458discontinue a plan, or part thereof, which has been approved. If
2459any utility has not implemented its programs and is not
2460substantially in compliance with the provisions of its approved
2461plan at any time, the commission shall adopt programs required
2462for that utility to achieve the overall goals. Utility programs
2463may include variations in rate design, load control,
2464cogeneration, residential energy conservation subsidy, or any
2465other measure within the jurisdiction of the commission which
2466the commission finds likely to be effective; this provision
2467shall not be construed to preclude these measures in any plan or
2468program.
2469     (8)  The commission may authorize financial rewards for
2470those utilities over which it has rate-setting authority that
2471exceed their goals and may authorize financial penalties for
2472those utilities that fail to meet their goals, including, but
2473not limited to, the sharing of generation, transmission, and
2474distribution cost savings associated with conservation, energy
2475efficiency, and demand-side renewable energy systems additions.
2476     (9)  The commission is authorized to allow an investor-
2477owned electric utility an additional return on equity of up to
247850 basis points for exceeding 20 percent of their annual load-
2479growth through energy efficiency and conservation measures. The
2480additional return on equity shall be established by the
2481commission through a limited proceeding.
2482     (10)(4)  The commission shall require periodic reports from
2483each utility and shall provide the Legislature and the Governor
2484with an annual report by March 1 of the goals it has adopted and
2485its progress toward meeting those goals. The commission shall
2486also consider the performance of each utility pursuant to ss.
2487366.80-366.85 and 403.519 when establishing rates for those
2488utilities over which the commission has ratesetting authority.
2489     (11)(5)  The commission shall require each utility to
2490offer, or to contract to offer, energy audits to its residential
2491customers. This requirement need not be uniform, but may be
2492based on such factors as level of usage, geographic location, or
2493any other reasonable criterion, so long as all eligible
2494customers are notified. The commission may extend this
2495requirement to some or all commercial customers. The commission
2496shall set the charge for audits by rule, not to exceed the
2497actual cost, and may describe by rule the general form and
2498content of an audit. In the event one utility contracts with
2499another utility to perform audits for it, the utility for which
2500the audits are performed shall pay the contracting utility the
2501reasonable cost of performing the audits. Each utility over
2502which the commission has ratesetting authority shall estimate
2503its costs and revenues for audits, conservation programs, and
2504implementation of its plan for the immediately following 6-month
2505period. Reasonable and prudent unreimbursed costs projected to
2506be incurred, or any portion of such costs, may be added to the
2507rates which would otherwise be charged by a utility upon
2508approval by the commission, provided that the commission shall
2509not allow the recovery of the cost of any company image-
2510enhancing advertising or of any advertising not directly related
2511to an approved conservation program. Following each 6-month
2512period, each utility shall report the actual results for that
2513period to the commission, and the difference, if any, between
2514actual and projected results shall be taken into account in
2515succeeding periods. The state plan as submitted for
2516consideration under the National Energy Conservation Policy Act
2517shall not be in conflict with any state law or regulation.
2518     (12)(6)(a)  Notwithstanding the provisions of s. 377.703,
2519the commission shall be the responsible state agency for
2520performing, coordinating, implementing, or administering the
2521functions of the state plan submitted for consideration under
2522the National Energy Conservation Policy Act and any acts
2523amendatory thereof or supplemental thereto and for performing,
2524coordinating, implementing, or administering the functions of
2525any future federal program delegated to the state which relates
2526to consumption, utilization, or conservation of electricity or
2527natural gas; and the commission shall have exclusive
2528responsibility for preparing all reports, information, analyses,
2529recommendations, and materials related to consumption,
2530utilization, or conservation of electrical energy which are
2531required or authorized by s. 377.703.
2532     (b)  The Executive Office of the Governor shall be a party
2533in the proceedings to adopt goals and shall file with the
2534commission comments on the proposed goals including, but not
2535limited to:
2536     1.  An evaluation of utility load forecasts, including an
2537assessment of alternative supply and demand side resource
2538options.
2539     2.  An analysis of various policy options which can be
2540implemented to achieve a least-cost strategy.
2541     (13)(7)  The commission shall establish all minimum
2542requirements for energy auditors used by each utility. The
2543commission is authorized to contract with any public agency or
2544other person to provide any training, testing, evaluation, or
2545other step necessary to fulfill the provisions of this
2546subsection.
2547     Section 40.  Paragraph (d) of subsection (1) of section
2548366.8255, Florida Statutes, is amended to read:
2549     366.8255  Environmental cost recovery.--
2550     (1)  As used in this section, the term:
2551     (d)  "Environmental compliance costs" includes all costs or
2552expenses incurred by an electric utility in complying with
2553environmental laws or regulations, including, but not limited
2554to:
2555     1.  Inservice capital investments, including the electric
2556utility's last authorized rate of return on equity thereon.;
2557     2.  Operation and maintenance expenses.;
2558     3.  Fuel procurement costs.;
2559     4.  Purchased power costs.;
2560     5.  Emission allowance costs.;
2561     6.  Direct taxes on environmental equipment.; and
2562     7.  Costs or expenses prudently incurred by an electric
2563utility pursuant to an agreement entered into on or after the
2564effective date of this act and prior to October 1, 2002, between
2565the electric utility and the Florida Department of Environmental
2566Protection or the United States Environmental Protection Agency
2567for the exclusive purpose of ensuring compliance with ozone
2568ambient air quality standards by an electrical generating
2569facility owned by the electric utility.
2570     8.  Costs or expenses prudently incurred for the
2571quantification, reporting, and third-party verification as
2572required for participation in greenhouse gas emission registries
2573for greenhouse gases as defined in s. 403.44.
2574     9.  Costs or expenses prudently incurred for scientific
2575research and geological assessments of carbon capture and
2576storage conducted in this state for the purpose of reducing an
2577electric utility's greenhouse gas emissions when such costs or
2578expenses are incurred in joint research projects with Florida
2579state government agencies and Florida state universities.
2580     Section 41.  Subsection (2) of section 366.91, Florida
2581Statutes, is amended, subsection (5) is renumbered as subsection
2582(8), and new subsections (5), (6), and (7) are added to that
2583section, to read:
2584     366.91  Renewable energy.--
2585     (2)  As used in this section, the term:
2586     (a)  "Biomass" means a power source that is comprised of,
2587but not limited to, combustible residues or gases from forest
2588products manufacturing, waste, byproducts, or products from
2589agricultural and orchard crops, waste or co-products products
2590from livestock and poultry operations, waste or byproducts from
2591and food processing, urban wood waste, municipal solid waste,
2592municipal liquid waste treatment operations, and landfill gas.
2593     (b)  "Customer-owned renewable generation" means an
2594electric generating system located on a customer's premises that
2595is primarily intended to offset part or all of the customer's
2596electricity requirements with renewable energy.
2597     (c)  "Net metering" means a metering and billing
2598methodology whereby customer-owned renewable generation is
2599allowed to offset the customer's electricity consumption on
2600site.
2601     (d)(b)  "Renewable energy" means electrical energy produced
2602from a method that uses one or more of the following fuels or
2603energy sources: hydrogen produced from sources other than fossil
2604fuels, biomass, solar energy, geothermal energy, wind energy,
2605ocean energy, and hydroelectric power. The term includes the
2606alternative energy resource, waste heat, from sulfuric acid
2607manufacturing operations.
2608     (5)  On or before January 1, 2009, each public utility
2609shall develop a standardized interconnection agreement and net
2610metering program for customer-owned renewable generation. The
2611commission shall establish requirements relating to the
2612expedited interconnection and net metering of customer-owned
2613renewable generation by public utilities and may adopt rules to
2614administer this section.
2615     (6)  On or before July 1, 2009, each municipal electric
2616utility and each rural electric cooperative that sells
2617electricity at retail shall develop a standardized
2618interconnection agreement and net metering program for customer-
2619owned renewable generation. Each governing authority shall
2620establish requirements relating to the expedited interconnection
2621and net metering of customer-owned generation. By April 1 of
2622each year, each municipal electric utility and rural electric
2623cooperative utility serving retail customers shall file a report
2624with the commission detailing customer participation in the
2625interconnection and net metering program, including, but not
2626limited to, the number and total capacity of interconnected
2627generating systems and the total energy net metered in the
2628previous year.
2629     (7)  Under the provisions of subsections (5) and (6), when
2630a utility purchases power generated from biogas produced by the
2631anaerobic digestion of agricultural waste, including food waste
2632or other agricultural byproducts, net metering shall be
2633available at a single metering point or as a part of conjunctive
2634billing of multiple points for a customer at a single location,
2635so long as the provision of such service and its associated
2636charges, terms, and other conditions are not reasonably
2637projected to result in higher cost electric service to the
2638utility's general body of ratepayers or adversely affect the
2639adequacy or reliability of electric service to all customers, as
2640determined by the commission for public utilities, or as
2641determined by the governing authority of the municipal electric
2642utility or rural electric cooperative that serves at retail.
2643     Section 42.  Section 366.92, Florida Statutes, is amended
2644to read:
2645     366.92  Florida renewable energy policy.--
2646     (1)  It is the intent of the Legislature to promote the
2647development of renewable energy; protect the economic viability
2648of Florida's existing renewable energy facilities; diversify the
2649types of fuel used to generate electricity in Florida; lessen
2650Florida's dependence on natural gas and fuel oil for the
2651production of electricity; minimize the volatility of fuel
2652costs; encourage investment within the state; improve
2653environmental conditions; and, at the same time, minimize the
2654costs of power supply to electric utilities and their customers.
2655     (2)  As used in For the purposes of this section, the term:
2656     (a)  "Florida renewable energy resources" means shall mean
2657renewable energy, as defined in s. 377.803, that is produced in
2658Florida.
2659     (b)  "Provider" means a "utility" as defined in s.
2660366.8255(1)(a).
2661     (c)  "Renewable energy" means renewable energy as defined
2662in s. 366.91(2)(d).
2663     (d)  "Renewable energy credit" or "REC" means a product
2664that represents the unbundled, separable, renewable attribute of
2665renewable energy produced in Florida and is equivalent to 1
2666megawatt-hour of electricity generated by a source of renewable
2667energy located in Florida.
2668     (e)  "Renewable portfolio standard" or "RPS" means the
2669minimum percentage of total annual retail electricity sales by a
2670provider to consumers in Florida that shall be supplied by
2671renewable energy produced in Florida.
2672     (3)  The commission shall adopt rules for a renewable
2673portfolio standard requiring each provider to supply renewable
2674energy to its customers directly, by procuring, or through
2675renewable energy credits. In developing the RPS rule, the
2676commission shall consult the Department of Environmental
2677Protection and the Florida Energy and Climate Commission. The
2678rule shall not be implemented until ratified by the Legislature.
2679The commission shall present a draft rule for legislative
2680consideration by February 1, 2009.
2681     (a)  In developing the rule, the commission shall evaluate
2682the current and forecasted levelized cost in cents per kilowatt
2683hour through 2020 and current and forecasted installed capacity
2684in kilowatts for each renewable energy generation method through
26852020.
2686     (b)  The commission's rule:
2687     1.  Shall include methods of managing the cost of
2688compliance with the renewable portfolio standard, whether
2689through direct supply or procurement of renewable power or
2690through the purchase of renewable energy credits. The commission
2691shall have rulemaking authority for providing annual cost
2692recovery and incentive-based adjustments to authorized rates of
2693return on common equity to providers to incentivize renewable
2694energy. Notwithstanding s. 366.91(3) and (4), upon the
2695ratification of the rules developed pursuant to this subsection,
2696the commission may approve projects and power sales agreements
2697with renewable power producers and the sale of renewable energy
2698credits needed to comply with the renewable portfolio standard.
2699In the event of any conflict, this subparagraph shall supersede
2700s. 366.91(3) and (4). However, nothing in this section shall
2701alter the obligation of each public utility to continuously
2702offer a purchase contract to producers of renewable energy.
2703     2.  Shall provide for appropriate compliance measures and
2704the conditions under which noncompliance shall be excused due to
2705a determination by the commission that the supply of renewable
2706energy or renewable energy credits was not adequate to satisfy
2707the demand for such energy or that the cost of securing
2708renewable energy or renewable energy credits was cost
2709prohibitive.
2710     3.  May provide added weight to energy provided by wind and
2711solar photovoltaic over other forms of renewable energy, whether
2712directly supplied or procured or indirectly obtained through the
2713purchase of renewable energy credits.
2714     4.  Shall determine an appropriate period of time for which
2715renewable energy credits may be used for purposes of compliance
2716with the renewable portfolio standard.
2717     5.  Shall provide for monitoring of compliance with and
2718enforcement of the requirements of this section.
2719     6.  Shall ensure that energy credited toward compliance
2720with the requirements of this section is not credited toward any
2721other purpose.
2722     7.  Shall include procedures to track and account for
2723renewable energy credits, including ownership of renewable
2724energy credits that are derived from a customer-owned renewable
2725energy facility as a result of any action by a customer of an
2726electric power supplier that is independent of a program
2727sponsored by the electric power supplier.
2728     8.  Shall provide for the conditions and options for the
2729repeal or alteration of the rule in the event that new
2730provisions of federal law supplant or conflict with the rule.
2731     (c)  Beginning on April 1 of the year following final
2732adoption of the commission's renewable portfolio standard rule,
2733each provider shall submit a report to the commission describing
2734the steps that have been taken in the previous year and the
2735steps that will be taken in the future to add renewable energy
2736to the provider's energy supply portfolio. The report shall
2737state whether the provider was in compliance with the renewable
2738portfolio standard during the previous year and how it will
2739comply with the renewable portfolio standard in the upcoming
2740year.
2741     (4)  In order to demonstrate the feasibility and viability
2742of clean energy systems, the commission shall provide for full
2743cost recovery under the environmental cost-recovery clause of
2744all reasonable and prudent costs incurred by a provider for
2745renewable energy projects that are zero greenhouse gas emitting
2746at the point of generation, up to a total of 110 megawatts
2747statewide, and for which the provider has secured necessary
2748land, zoning permits, and transmission rights within the state.  
2749Such costs shall be deemed reasonable and prudent for purposes
2750of cost recovery so long as the provider has used reasonable and
2751customary industry practices in the design, procurement, and
2752construction of the project in a cost-effective manner
2753appropriate to the location of the facility. The provider shall
2754report to the commission as part of the cost-recovery
2755proceedings the construction costs, in-service costs, operating
2756and maintenance costs, hourly energy production of the renewable
2757energy project, and any other information deemed relevant by the
2758commission. Any provider constructing a clean energy facility
2759pursuant to this section shall file for cost recovery no later
2760than July 1, 2009.
2761     (5)  Each municipal electric utility and rural electric
2762cooperative shall develop standards for the promotion,
2763encouragement, and expansion of the use of renewable energy
2764resources and energy conservation and efficiency measures. On or
2765before April 1, 2009, and annually thereafter, each municipal
2766electric utility and electric cooperative shall submit to the
2767commission a report that identifies such standards.
2768     (6)  Nothing in this section shall be construed to impede
2769or impair terms and conditions of existing contracts.
2770     (3)  The commission may adopt appropriate goals for
2771increasing the use of existing, expanded, and new Florida
2772renewable energy resources. The commission may change the goals.
2773The commission may review and reestablish the goals at least
2774once every 5 years.
2775     (7)(4)  The commission may adopt rules to administer and
2776implement the provisions of this section.
2777     Section 43.  Subsections (1), (2), and (6) of section
2778366.93, Florida Statutes, are amended to read:
2779     366.93  Cost recovery for the siting, design, licensing,
2780and construction of nuclear and integrated gasification combined
2781cycle power plants.--
2782     (1)  As used in this section, the term:
2783     (a)  "Cost" includes, but is not limited to, all capital
2784investments, including rate of return, any applicable taxes, and
2785all expenses, including operation and maintenance expenses,
2786related to or resulting from the siting, licensing, design,
2787construction, or operation of the nuclear power plant, including
2788new, expanded, or relocated electrical transmission lines or
2789facilities of any size that are necessary thereto, or of the
2790integrated gasification combined cycle power plant.
2791     (b)  "Electric utility" or "utility" has the same meaning
2792as that provided in s. 366.8255(1)(a).
2793     (c)  "Integrated gasification combined cycle power plant"
2794or "plant" means is an electrical power plant as defined in s.
2795403.503(14)(13) that uses synthesis gas produced by integrated
2796gasification technology.
2797     (d)  "Nuclear power plant" or "plant" means is an
2798electrical power plant as defined in s. 403.503(14)(13) that
2799uses nuclear materials for fuel.
2800     (e)  "Power plant" or "plant" means a nuclear power plant
2801or an integrated gasification combined cycle power plant.
2802     (f)  "Preconstruction" is that period of time after a site,
2803including any related electrical transmission lines or
2804facilities, has been selected through and including the date the
2805utility completes site clearing work. Preconstruction costs
2806shall be afforded deferred accounting treatment and shall accrue
2807a carrying charge equal to the utility's allowance for funds
2808during construction (AFUDC) rate until recovered in rates.
2809     (2)  Within 6 months after the enactment of this act, the
2810commission shall establish, by rule, alternative cost recovery
2811mechanisms for the recovery of costs incurred in the siting,
2812design, licensing, and construction of a nuclear power plant,
2813including new, expanded, or relocated electrical transmission
2814lines and facilities that are necessary thereto, or of an
2815integrated gasification combined cycle power plant. Such
2816mechanisms shall be designed to promote utility investment in
2817nuclear or integrated gasification combined cycle power plants
2818and allow for the recovery in rates of all prudently incurred
2819costs, and shall include, but are not be limited to:
2820     (a)  Recovery through the capacity cost recovery clause of
2821any preconstruction costs.
2822     (b)  Recovery through an incremental increase in the
2823utility's capacity cost recovery clause rates of the carrying
2824costs on the utility's projected construction cost balance
2825associated with the nuclear or integrated gasification combined
2826cycle power plant. To encourage investment and provide
2827certainty, for nuclear or integrated gasification combined cycle
2828power plant need petitions submitted on or before December 31,
28292010, associated carrying costs shall be equal to the pretax
2830AFUDC in effect upon this act becoming law. For nuclear or
2831integrated gasification combined cycle power plants for which
2832need petitions are submitted after December 31, 2010, the
2833utility's existing pretax AFUDC rate is presumed to be
2834appropriate unless determined otherwise by the commission in the
2835determination of need for the nuclear or integrated gasification
2836combined cycle power plant.
2837     (6)  If In the event the utility elects not to complete or
2838is precluded from completing construction of the nuclear power
2839plant, including new, expanded, or relocated electrical
2840transmission lines or facilities necessary thereto, or of the
2841integrated gasification combined cycle power plant, the utility
2842shall be allowed to recover all prudent preconstruction and
2843construction costs incurred following the commission's issuance
2844of a final order granting a determination of need for the
2845nuclear power plant and electrical transmission lines and
2846facilities necessary thereto or for the integrated gasification
2847combined cycle power plant. The utility shall recover such costs
2848through the capacity cost recovery clause over a period equal to
2849the period during which the costs were incurred or 5 years,
2850whichever is greater. The unrecovered balance during the
2851recovery period will accrue interest at the utility's weighted
2852average cost of capital as reported in the commission's earnings
2853surveillance reporting requirement for the prior year.
2854     Section 44.  Section 377.601, Florida Statutes, is amended
2855to read:
2856     377.601  Legislative intent.--
2857     (1)  The Legislature finds that the state's energy security
2858can be increased by lessening dependence on foreign oil; that
2859the impacts of global climate change can be reduced through the
2860reduction of greenhouse gas emissions; and that the
2861implementation of alternative energy technologies can be a
2862source of new jobs and employment opportunities for many
2863Floridians. The Legislature further finds that the state is
2864positioned at the front line against potential impacts of global
2865climate change. Human and economic costs of those impacts can be
2866averted by global actions and, where necessary, adapted to by a
2867concerted effort to make Florida's communities more resilient
2868and less vulnerable to these impacts. In focusing the
2869government's policy and efforts to benefit and protect our
2870state, its citizens, and its resources, the Legislature believes
2871that a single government entity with a specific focus on energy
2872and climate change is both desirable and advantageous. Further,
2873the Legislature finds that energy infrastructure provides the
2874foundation for secure and reliable access to the energy supplies
2875and services on which Florida depends. Therefore, there is
2876significant value to Florida consumers that comes from
2877investment in Florida's energy infrastructure that increases
2878system reliability, enhances energy independence and
2879diversification, stabilizes energy costs, and reduces greenhouse
2880gas emissions ability to deal effectively with present shortages
2881of resources used in the production of energy is aggravated and
2882intensified because of inadequate or nonexistent information and
2883that intelligent response to these problems and to the
2884development of a state energy policy demands accurate and
2885relevant information concerning energy supply, distribution, and
2886use. The Legislature finds and declares that a procedure for the
2887collection and analysis of data on the energy flow in this state
2888is essential to the development and maintenance of an energy
2889profile defining the characteristics and magnitudes of present
2890and future energy demands and availability so that the state may
2891rationally deal with present energy problems and anticipate
2892future energy problems.
2893     (2)  The Legislature further recognizes that every state
2894official dealing with energy problems should have current and
2895reliable information on the types and quantity of energy
2896resources produced, imported, converted, distributed, exported,
2897stored, held in reserve, or consumed within the state.
2898     (3)  It is the intent of the Legislature in the passage of
2899this act to provide the necessary mechanisms for the effective
2900development of information necessary to rectify the present lack
2901of information which is seriously handicapping the state's
2902ability to deal effectively with the energy problem. To this
2903end, the provisions of ss. 377.601-377.608 should be given the
2904broadest possible interpretation consistent with the stated
2905legislative desire to procure vital information.
2906     (2)(4)  It is the policy of the State of Florida to:
2907     (a)  Develop and promote the effective use of energy in the
2908state, and discourage all forms of energy waste, and recognize
2909and address the potential of global climate change wherever
2910possible.
2911     (b)  Play a leading role in developing and instituting
2912energy management programs aimed at promoting energy
2913conservation, energy security, and the reduction of greenhouse
2914gas emissions.
2915     (c)  Include energy considerations in all state, regional,
2916and local planning.
2917     (d)  Utilize and manage effectively energy resources used
2918within state agencies.
2919     (e)  Encourage local governments to include energy
2920considerations in all planning and to support their work in
2921promoting energy management programs.
2922     (f)  Include the full participation of citizens in the
2923development and implementation of energy programs.
2924     (g)  Consider in its decisions the energy needs of each
2925economic sector, including residential, industrial, commercial,
2926agricultural, and governmental uses, and reduce those needs
2927whenever possible.
2928     (h)  Promote energy education and the public dissemination
2929of information on energy and its environmental, economic, and
2930social impact.
2931     (i)  Encourage the research, development, demonstration,
2932and application of alternative energy resources, particularly
2933renewable energy resources.
2934     (j)  Consider, in its decisionmaking, the social, economic,
2935and environmental impacts of energy-related activities,
2936including the whole-life-cycle impacts of any potential energy
2937use choices, so that detrimental effects of these activities are
2938understood and minimized.
2939     (k)  Develop and maintain energy emergency preparedness
2940plans to minimize the effects of an energy shortage within
2941Florida.
2942     Section 45.  All of the records, property, unexpended
2943balances of appropriations, and personnel related to the Florida
2944Energy Commission for the administration and implementation of
2945s. 377.901, Florida Statutes, shall be transferred from the
2946Office of Legislative Services to the Florida Energy and Climate
2947Commission in the Executive Office of the Governor. The
2948Executive Office of the Governor is authorized to establish four
2949full-time equivalent positions to staff the Florida Energy and
2950Climate Commission.
2951     Section 46.  Section 377.6015, Florida Statutes, is created
2952to read:
2953     377.6015  Florida Energy and Climate Commission.--
2954     (1)  The Florida Energy and Climate Commission is created
2955within the Executive Office of the Governor. The commission
2956shall be comprised of nine members appointed by the Governor,
2957the Commissioner of Agriculture, and the Chief Financial
2958Officer.
2959     (a)  The Governor shall appoint one member from three
2960persons nominated by the Florida Public Service Commission
2961Nominating Council, created in s. 350.031, to each of seven
2962seats on the commission. The Commissioner of Agriculture shall
2963appoint one member from three persons nominated by the council
2964to one seat on the commission. The Chief Financial Officer shall
2965appoint one member from three persons nominated by the council
2966to one seat on the commission.
2967     1.  The council shall submit the recommendations to the
2968Governor, the Commissioner of Agriculture, and the Chief
2969Financial Officer by September 1 of those years in which the
2970terms are to begin the following October or within 60 days after
2971a vacancy occurs for any reason other than the expiration of the
2972term. The Governor, the Commissioner of Agriculture, and the
2973Chief Financial Officer may proffer names of persons to be
2974considered for nomination by the council.
2975     2.  The Governor, the Commissioner of Agriculture, and the
2976Chief Financial Officer shall fill a vacancy occurring on the
2977commission by appointment of one of the applicants nominated by
2978the council only after a background investigation of such
2979applicant has been conducted by the Department of Law
2980Enforcement.
2981     3.  Members shall be appointed to 3-year terms; however, in
2982order to establish staggered terms, for the initial
2983appointments, the Governor shall appoint four members to 3-year
2984terms, two members to 2-year terms, and one member to a 1-year
2985term, and the Commissioner of Agriculture and the Chief
2986Financial Officer shall each appoint one member to a 3-year term
2987and shall appoint a successor when that appointee's term expires
2988in the same manner as the original appointment.
2989     4.  The Governor shall select from the membership of the
2990commission one person to serve as chair.
2991     5.  A vacancy on the commission shall be filled for the
2992unexpired portion of the term in the same manner as the original
2993appointment.
2994     6.  If the Governor, the Commissioner of Agriculture, or
2995the Chief Financial Officer has not made an appointment within
299630 consecutive calendar days after the receipt of the
2997recommendations, the council shall initiate, in accordance with
2998this section, the nominating process within 30 days.
2999     7.  Each appointment to the commission shall be subject to
3000confirmation by the Senate during the next regular session after
3001the vacancy occurs. If the Senate refuses to confirm or fails to
3002consider the appointment of the Governor, the Commissioner of
3003Agriculture, or the Chief Financial Officer, the council shall
3004initiate, in accordance with this section, the nominating
3005process within 30 days.
3006     8.  The Governor or the Governor's successor may recall an
3007appointee.
3008     (b)  Members must meet the following qualifications and
3009restrictions:
3010     1.  A member must be an expert in one or more of the
3011following fields: energy, natural resource conservation,
3012economics, engineering, finance, law, transportation and land
3013use, consumer protection, state energy policy, or another field
3014substantially related to the duties and functions of the
3015commission. The commission shall fairly represent the fields
3016specified in this subparagraph.
3017     2.  Each member shall, at the time of appointment and at
3018each commission meeting during his or her term of office,
3019disclose:
3020     a.  Whether he or she has any financial interest, other
3021than ownership of shares in a mutual fund, in any business
3022entity that, directly or indirectly, owns or controls, or is an
3023affiliate or subsidiary of, any business entity that may be
3024affected by the policy recommendations developed by the
3025commission.
3026     b.  Whether he or she is employed by or is engaged in any
3027business activity with any business entity that, directly or
3028indirectly, owns or controls, or is an affiliate or subsidiary
3029of, any business entity that may be affected by the policy
3030recommendations developed by the commission.
3031     (c)  The chair may designate the following ex officio,
3032nonvoting members to provide information and advice to the
3033commission at the request of the chair:
3034     1.  The chair of the Florida Public Service Commission, or
3035his or her designee.
3036     2.  The Public Counsel, or his or her designee.
3037     3.  A representative of the Department of Agriculture and
3038Consumer Services.
3039     4.  A representative of the Department of Financial
3040Services.
3041     5.  A representative of the Department of Environmental
3042Protection.
3043     6.  A representative of the Department of Community
3044Affairs.
3045     7.  A representative of the Board of Governors of the State
3046University System.
3047     8.  A representative of the Department of Transportation.
3048     (2)  Members shall serve without compensation but are
3049entitled to reimbursement for per diem and travel expenses as
3050provided in s. 112.061.
3051     (3)  Meetings of the commission may be held in various
3052locations around the state and at the call of the chair;
3053however, the commission must meet at least six times each year.
3054     (4)  The commission may:
3055     (a)  Employ staff and counsel as needed in the performance
3056of its duties.
3057     (b)  Prosecute and defend legal actions in its own name.
3058     (c)  Form advisory groups consisting of members of the
3059public to provide information on specific issues.
3060     (5)  The commission shall:
3061     (a)  Administer the Florida Renewable Energy and Energy
3062Efficient Technologies Grants Program pursuant to s. 377.804 to
3063assure a robust grant portfolio.
3064     (b)  Develop policy for requiring grantees to provide
3065royalty-sharing or licensing agreements with state government
3066for commercialized products developed under a state grant.
3067     (c)  Administer the Florida Green Government Grants Act
3068pursuant to s. 377.808 and set annual priorities for grants.
3069     (d)  Administer the information gathering and reporting
3070functions pursuant to ss. 377.601-377.608.
3071     (e)  Administer petroleum planning and emergency
3072contingency planning pursuant to ss. 377.701, 377.703, and
3073377.704.
3074     (f)  Represent Florida in the Southern States Energy
3075Compact pursuant to ss. 377.71-377.712.
3076     (g)  Complete the annual assessment of the efficacy of
3077Florida's Energy and Climate Change Action Plan, upon completion
3078by the Governor's Action Team on Energy and Climate Change
3079pursuant to the Governor's Executive Order 2007-128, and
3080provide specific recommendations to the Governor and the
3081Legislature each year to improve results.
3082     (h)  Administer the provisions of the Florida Energy and
3083Climate Protection Act pursuant to ss. 377.801-377.806.
3084     (i)  Advocate for energy and climate change issues and
3085provide educational outreach and technical assistance in
3086cooperation with the state's academic institutions.
3087     (j)  Be a party in the proceedings to adopt goals and
3088submit comments to the Public Service Commission pursuant to s.
3089366.82.
3090     (k)  Adopt rules pursuant to chapter 120 in order to
3091implement all powers and duties described in this section.
3092     Section 47.  Section 377.602, Florida Statutes, is amended
3093to read:
3094     377.602  Definitions.--As used in ss. 377.601-377.608:
3095     (1)  "Commission" means the Florida Energy and Climate
3096Commission.
3097     (2)(1)  "Energy resources" includes, but shall not be
3098limited to:
3099     (a)  Energy converted from solar radiation, wind, hydraulic
3100potential, tidal movements, biomass, geothermal sources, and
3101other energy resources the commission determines to be important
3102to the production or supply of energy.
3103     (b)(a)  Propane, butane, motor gasoline, kerosene, home
3104heating oil, diesel fuel, other middle distillates, aviation
3105gasoline, kerosene-type jet fuel, naphtha-type jet fuel,
3106residual fuels, crude oil, and other petroleum products and
3107hydrocarbons as may be determined by the commission department
3108to be of importance.
3109     (c)(b)  All natural gas, including casinghead gas, all
3110other hydrocarbons not defined as petroleum products in
3111paragraph (b) (a), and liquefied petroleum gas as defined in s.
3112527.01.
3113     (d)(c)  All types of coal and products derived from its
3114conversion and used as fuel.
3115     (e)(d)  All types of nuclear energy, special nuclear
3116material, and source material, as defined in former s. 290.07.
3117     (e)  Every other energy resource, whether natural or
3118manmade which the department determines to be important to the
3119production or supply of energy, including, but not limited to,
3120energy converted from solar radiation, wind, hydraulic
3121potential, tidal movements, and geothermal sources.
3122     (f)  All electrical energy.
3123     (2)  "Department" means the Department of Environmental
3124Protection.
3125     (3)  "Person" means producer, refiner, wholesaler,
3126marketer, consignee, jobber, distributor, storage operator,
3127importer, exporter, firm, corporation, broker, cooperative,
3128public utility as defined in s. 366.02, rural electrification
3129cooperative, municipality engaged in the business of providing
3130electricity or other energy resources to the public, pipeline
3131company, person transporting any energy resources as defined in
3132subsection (2) (1), and person holding energy reserves for
3133further production; however, "person" does not include persons
3134exclusively engaged in the retail sale of petroleum products.
3135     Section 48.  All of the powers, duties, functions, records,
3136personnel, and property; unexpended balances of appropriations,
3137allocations, and other funds; administrative authority;
3138administrative rules; pending issues; and existing contracts of
3139the state energy program in the Department of Environmental
3140Protection, as authorized and governed by ss. 20.255, 288.041,
3141377.601-377.608, 377.703, and 377.801-377.806, Florida Statutes,
3142are transferred by a type two transfer, pursuant to s. 20.06(2),
3143Florida Statutes, to the Florida Energy and Climate Commission
3144in the Executive Office of the Governor.
3145     Section 49.  Section 377.603, Florida Statutes, is amended
3146to read:
3147     377.603  Energy data collection; powers and duties of the
3148commission Department of Environmental Protection.--
3149     (1)  The commission may department shall collect data on
3150the extraction, production, importation, exportation,
3151refinement, transportation, transmission, conversion, storage,
3152sale, or reserves of energy resources in this state in an
3153efficient and expeditious manner.
3154     (2)  The commission may department shall prepare periodic
3155reports of energy data it collects.
3156     (3)  The department shall prescribe and furnish forms for
3157the collection of information as required by ss. 377.601-377.608
3158and shall consult with other state entities to assure that such
3159data collected will meet their data requirements.
3160     (3)(4)  The commission department may adopt and promulgate
3161such rules and regulations as are necessary to carry out the
3162provisions of ss. 377.601-377.608. Such rules shall be pursuant
3163to chapter 120.
3164     (4)(5)  The commission department shall maintain internal
3165validation procedures to assure the accuracy of information
3166received.
3167     Section 50.  Section 377.604, Florida Statutes, is amended
3168to read:
3169     377.604  Required reports.--Every person who produces,
3170imports, exports, refines, transports, transmits, converts,
3171stores, sells, or holds known reserves of any form of energy
3172resources used as fuel shall report to the commission, at the
3173request of department at a frequency set, and in a manner
3174prescribed, by the commission department, on forms provided by
3175the commission department and prepared with the advice of
3176representatives of the energy industry. Such forms shall be
3177designed in such a manner as to indicate:
3178     (1)  The identity of the person or persons making the
3179report.
3180     (2)  The quantity of energy resources extracted, produced,
3181imported, exported, refined, transported, transmitted,
3182converted, stored, or sold except at retail.
3183     (3)  The quantity of energy resources known to be held in
3184reserve in the state.
3185     (4)  The identity of each refinery from which petroleum
3186products have normally been obtained and the type and quantity
3187of products secured from that refinery for sale or resale in
3188this state.
3189     (5)  Any other information which the commission department
3190deems proper pursuant to the intent of ss. 377.601-377.608.
3191     Section 51.  Section 377.605, Florida Statutes, is amended
3192to read:
3193     377.605  Use of existing information.--The commission may
3194department shall utilize to the fullest extent possible any
3195existing energy information already prepared for state or
3196federal agencies. Every state, county, and municipal agency
3197shall cooperate with the commission department and shall submit
3198any information on energy to the commission department upon
3199request.
3200     Section 52.  Section 377.606, Florida Statutes, is amended
3201to read:
3202     377.606  Records of the commission department; limits of
3203confidentiality.--The information or records of individual
3204persons, as defined in this section herein, obtained by the
3205commission department as a result of a report, investigation, or
3206verification required by the commission department, shall be
3207open to the public, except such information the disclosure of
3208which would be likely to cause substantial harm to the
3209competitive position of the person providing such information
3210and which is requested to be held confidential by the person
3211providing such information. Such proprietary information is
3212confidential and exempt from the provisions of s. 119.07(1).
3213Information reported by entities other than the commission
3214department in documents or reports open to public inspection
3215shall under no circumstances be classified as confidential by
3216the commission department. Divulgence of proprietary information
3217as is requested to be held confidential, except upon order of a
3218court of competent jurisdiction or except to an officer of the
3219state entitled to receive the same in his or her official
3220capacity, shall be a misdemeanor of the second degree,
3221punishable as provided in ss. 775.082 and 775.083. Nothing in
3222this section herein shall be construed to prohibit the
3223publication or divulgence by other means of data so classified
3224as to prevent identification of particular accounts or reports
3225made to the commission department in compliance with s. 377.603
3226or to prohibit the disclosure of such information to properly
3227qualified legislative committees. The commission department
3228shall establish a system which permits reasonable access to
3229information developed.
3230     Section 53.  Section 377.608, Florida Statutes, is amended
3231to read:
3232     377.608  Prosecution of cases by state attorney.--The state
3233attorney shall prosecute all cases certified to him or her for
3234prosecution by the commission department immediately upon
3235receipt of the evidence transmitted by the commission
3236department, or as soon thereafter as practicable.
3237     Section 54.  Section 377.701, Florida Statutes, is amended
3238to read:
3239     377.701  Petroleum allocation.--
3240     (1)  The Florida Energy and Climate Commission Department
3241of Environmental Protection shall assume the state's role in
3242petroleum allocation and conservation, including the development
3243of a fair and equitable petroleum plan. The commission
3244department shall constitute the responsible state agency for
3245performing the functions of any federal program delegated to the
3246state, which relates to petroleum supply, demand, and
3247allocation.
3248     (2)  The commission department shall, in addition to
3249assuming the duties and responsibilities provided by subsection
3250(1), perform the following:
3251     (a)  In projecting available supplies of petroleum,
3252coordinate with the Department of Revenue to secure information
3253necessary to assure the sufficiency and accuracy of data
3254submitted by persons affected by any federal fuel allocation
3255program.
3256     (b)  Require such periodic reports from public and private
3257sources as may be necessary to the fulfillment of its
3258responsibilities under this act. Such reports may include:
3259petroleum use; all sales, including end-user sales, except
3260retail gasoline and retail fuel oil sales; inventories; expected
3261supplies and allocations; and petroleum conservation measures.
3262     (c)  In cooperation with the Department of Revenue and
3263other relevant state agencies, provide for long-range studies
3264regarding the usage of petroleum in the state in order to:
3265     1.  Comprehend the consumption of petroleum resources.
3266     2.  Predict future petroleum demands in relation to
3267available resources.
3268     3.  Report the results of such studies to the Legislature.
3269     (3)  For the purpose of determining accuracy of data, all
3270state agencies shall timely provide the commission department
3271with petroleum-use information in a format suitable to the needs
3272of the allocation program.
3273     (4)  A No state employee may not shall divulge or make
3274known in any manner any proprietary information acquired under
3275this act if the disclosure of such information would be likely
3276to cause substantial harm to the competitive position of the
3277person providing such information and if the person requests
3278that such information be held confidential, except in accordance
3279with a court order or in the publication of statistical
3280information compiled by methods which do would not disclose the
3281identity of individual suppliers or companies. Such proprietary
3282information is confidential and exempt from the provisions of s.
3283119.07(1). Nothing in this subsection shall be construed to
3284prevent inspection of reports by the Attorney General, members
3285of the Legislature, and interested state agencies; however, such
3286agencies and their employees and members are bound by the
3287requirements set forth in this subsection.
3288     (5)  Any person who willfully fails to submit information
3289required by this act or submits false information or who
3290violates any provision of this act commits is guilty of a
3291misdemeanor of the first degree and shall be punished as
3292provided in ss. 775.082 and 775.083.
3293     Section 55.  Section 377.703, Florida Statutes, is amended
3294to read:
3295     377.703  Additional functions of the Florida Energy and
3296Climate Commission Department of Environmental Protection;
3297energy emergency contingency plan; federal and state
3298conservation programs.--
3299     (1)  LEGISLATIVE INTENT.--Recognizing that energy supply
3300and demand questions have become a major area of concern to the
3301state which must be dealt with by effective and well-coordinated
3302state action, it is the intent of the Legislature to promote the
3303efficient, effective, and economical management of energy
3304problems, centralize energy coordination responsibilities,
3305pinpoint responsibility for conducting energy programs, and
3306ensure the accountability of state agencies for the
3307implementation of s. 377.601(2)(4), the state energy policy. It
3308is the specific intent of the Legislature that nothing in this
3309act shall in any way change the powers, duties, and
3310responsibilities assigned by the Florida Electrical Power Plant
3311Siting Act, part II of chapter 403, or the powers, duties, and
3312responsibilities of the Florida Public Service Commission.
3313     (2)  DEFINITIONS.--
3314     (a)  "Coordinate," "coordination," or "coordinating" means
3315the examination and evaluation of state plans and programs and
3316the providing of recommendations to the Cabinet, Legislature,
3317and appropriate state agency on any measures deemed necessary to
3318ensure that such plans and programs are consistent with state
3319energy policy.
3320     (b)  "Energy conservation" means increased efficiency in
3321the utilization of energy.
3322     (c)  "Energy emergency" means an actual or impending
3323shortage or curtailment of usable, necessary energy resources,
3324such that the maintenance of necessary services, the protection
3325of public health, safety, and welfare, or the maintenance of
3326basic sound economy is imperiled in any geographical section of
3327the state or throughout the entire state.
3328     (d)  "Energy source" means electricity, fossil fuels, solar
3329power, wind power, hydroelectric power, nuclear power, or any
3330other resource which has the capacity to do work.
3331     (e)  "Facilities" means any building or structure not
3332otherwise exempted by the provisions of this act.
3333     (f)  "Fuel" means petroleum, crude oil, petroleum product,
3334coal, natural gas, or any other substance used primarily for its
3335energy content.
3336     (g)  "Local government" means any county, municipality,
3337regional planning agency, or other special district or local
3338governmental entity the policies or programs of which may affect
3339the supply or demand, or both, for energy in the state.
3340     (h)  "Promotion" or "promote" means to encourage, aid,
3341assist, provide technical and financial assistance, or otherwise
3342seek to plan, develop, and expand.
3343     (i)  "Regional planning agency" means those agencies
3344designated as regional planning agencies by the Department of
3345Community Affairs.
3346     (j)  "Renewable energy resource" means any method, process,
3347or substance the use of which does not diminish its availability
3348or abundance, including, but not limited to, biomass conversion,
3349geothermal energy, solar energy, wind energy, wood fuels derived
3350from waste, ocean thermal gradient power, hydroelectric power,
3351and fuels derived from agricultural products.
3352     (2)(3)  FLORIDA ENERGY AND CLIMATE COMMISSION DEPARTMENT OF
3353ENVIRONMENTAL PROTECTION; DUTIES.--The commission Department of
3354Environmental Protection shall, in addition to assuming the
3355duties and responsibilities provided by ss. 20.255 and 377.701,
3356perform the following functions consistent with the development
3357of a state energy policy:
3358     (a)  The commission department shall assume the
3359responsibility for development of an energy emergency
3360contingency plan to respond to serious shortages of primary and
3361secondary energy sources. Upon a finding by the Governor,
3362implementation of any emergency program shall be upon order of
3363the Governor that a particular kind or type of fuel is, or that
3364the occurrence of an event which is reasonably expected within
336530 days will make the fuel, in short supply. The commission
3366department shall then respond by instituting the appropriate
3367measures of the contingency plan to meet the given emergency or
3368energy shortage. The Governor may utilize the provisions of s.
3369252.36(5) to carry out any emergency actions required by a
3370serious shortage of energy sources.
3371     (b)  The commission department shall be constitute the
3372responsible state agency for performing or coordinating the
3373functions of any federal energy programs delegated to the state,
3374including energy supply, demand, conservation, or allocation.
3375     (c)  The commission department shall analyze present and
3376proposed federal energy programs and make recommendations
3377regarding those programs to the Governor and the Legislature.
3378     (d)  The commission department shall coordinate efforts to
3379seek federal support or other support for state energy
3380activities, including energy conservation, research, or
3381development, and shall be the state agency responsible for the
3382coordination of multiagency energy conservation programs and
3383plans.
3384     (e)  The commission department shall analyze energy data
3385collected and prepare long-range forecasts of energy supply and
3386demand in coordination with the Florida Public Service
3387Commission, which shall have responsibility for electricity and
3388natural gas forecasts. To this end, the forecasts shall contain:
3389     1.  An analysis of the relationship of state economic
3390growth and development to energy supply and demand, including
3391the constraints to economic growth resulting from energy supply
3392constraints.
3393     2.  Plans for the development of renewable energy resources
3394and reduction in dependence on depletable energy resources,
3395particularly oil and natural gas, and an analysis of the extent
3396to which renewable energy sources are being utilized in the
3397state.
3398     3.  Consideration of alternative scenarios of statewide
3399energy supply and demand for 5, 10, and 20 years, to identify
3400strategies for long-range action, including identification of
3401potential social, economic, and environmental effects.
3402     4.  An assessment of the state's energy resources,
3403including examination of the availability of commercially
3404developable and imported fuels, and an analysis of anticipated
3405effects on the state's environment and social services resulting
3406from energy resource development activities or from energy
3407supply constraints, or both.
3408     (f)  The commission department shall submit an annual
3409report to make a report, as requested by the Governor and or the
3410Legislature, reflecting its activities and making
3411recommendations of policies for improvement of the state's
3412response to energy supply and demand and its effect on the
3413health, safety, and welfare of the people of Florida. The report
3414shall include a report from the Florida Public Service
3415Commission on electricity and natural gas and information on
3416energy conservation programs conducted and underway under way in
3417the past year and shall include recommendations for energy
3418conservation programs for the state, including, but not limited
3419to, the following factors:
3420     1.  Formulation of specific recommendations for improvement
3421in the efficiency of energy utilization in governmental,
3422residential, commercial, industrial, and transportation sectors.
3423     2.  Collection and dissemination of information relating to
3424energy conservation.
3425     3.  Development and conduct of educational and training
3426programs relating to energy conservation.
3427     4.  An analysis of the ways in which state agencies are
3428seeking to implement s. 377.601(2)(4), the state energy policy,
3429and recommendations for better fulfilling this policy.
3430     (g)  The commission department has authority to adopt rules
3431pursuant to ss. 120.536(1) and 120.54 to implement the
3432provisions of this act.
3433     (h)  The commission shall promote the development and use
3434of renewable energy resources, in conformance with the
3435provisions of chapter 187 and s. 377.601, by:
3436     1.  Establishing goals and strategies for increasing the
3437use of solar energy in this state.
3438     2.  Aiding and promoting the commercialization of solar
3439energy technology, in cooperation with the Florida Solar Energy
3440Center, Enterprise Florida, Inc., and any other federal, state,
3441or local governmental agency which may seek to promote research,
3442development, and demonstration of solar energy equipment and
3443technology.
3444     3.  Identifying barriers to greater use of solar energy
3445systems in this state, and developing specific recommendations
3446for overcoming identified barriers, with findings and
3447recommendations to be submitted annually in the report to the
3448Governor and Legislature required under paragraph (f).
3449     4.  In cooperation with the Department of Environmental
3450Protection, the Department of Transportation, the Department of
3451Community Affairs, Enterprise Florida, Inc., the Florida Solar
3452Energy Center, and the Florida Solar Energy Industries
3453Association, investigating opportunities, pursuant to the
3454National Energy Policy Act of 1992, and the Housing and
3455Community Development Act of 1992, and any subsequent federal
3456legislation, for solar electric vehicles and other solar energy
3457manufacturing, distribution, installation, and financing efforts
3458which will enhance this state's position as the leader in solar
3459energy research, development, and use.
3460     5.  Undertaking other initiatives to advance the
3461development and use of renewable energy resources in this state.
3462
3463In the exercise of its responsibilities under this paragraph,
3464the commission department shall seek the assistance of the solar
3465energy industry in this state and other interested parties and
3466is authorized to enter into contracts, retain professional
3467consulting services, and expend funds appropriated by the
3468Legislature for such purposes.
3469     (i)  The commission department shall promote energy
3470conservation in all energy use sectors throughout the state and
3471shall constitute the state agency primarily responsible for this
3472function. To this end, the commission department shall
3473coordinate the energy conservation programs of all state
3474agencies and review and comment on the energy conservation
3475programs of all state agencies.
3476     (j)  The commission department shall serve as the state
3477clearinghouse for indexing and gathering all information related
3478to energy programs in state universities, in private
3479universities, in federal, state, and local government agencies,
3480and in private industry and shall prepare and distribute such
3481information in any manner necessary to inform and advise the
3482citizens of the state of such programs and activities. This
3483shall include developing and maintaining a current index and
3484profile of all research activities, which shall be identified by
3485energy area and may include a summary of the project, the amount
3486and sources of funding, anticipated completion dates, or, in
3487case of completed research, conclusions, recommendations, and
3488applicability to state government and private sector functions.
3489The commission department shall coordinate, promote, and respond
3490to efforts by all sectors of the economy to seek financial
3491support for energy activities. The commission department shall
3492provide information to consumers regarding the anticipated
3493energy-use and energy-saving characteristics of products and
3494services in coordination with any federal, state, or local
3495governmental agencies as may provide such information to
3496consumers.
3497     (k)  The commission department shall coordinate energy-
3498related programs of state government, including, but not limited
3499to, the programs provided in this section. To this end, the
3500commission department shall:
3501     1.  Provide assistance to other state agencies, counties,
3502municipalities, and regional planning agencies to further and
3503promote their energy planning activities.
3504     2.  Require, in cooperation with the Department of
3505Management Services, all state agencies to operate state-owned
3506and state-leased buildings in accordance with energy
3507conservation standards as adopted by the Department of
3508Management Services. Every 3 months, the Department of
3509Management Services shall furnish the commission department data
3510on agencies' energy consumption and emissions of greenhouse
3511gases in a format prescribed by the commission mutually agreed
3512upon by the two departments.
3513     3.  Promote the development and use of renewable energy
3514resources, energy efficiency technologies, and conservation
3515measures.
3516     4.  Promote the recovery of energy from wastes, including,
3517but not limited to, the use of waste heat, the use of
3518agricultural products as a source of energy, and recycling of
3519manufactured products. Such promotion shall be conducted in
3520conjunction with, and after consultation with, the Department of
3521Environmental Protection and, the Florida Public Service
3522Commission where electrical generation or natural gas is
3523involved, and any other relevant federal, state, or local
3524governmental agency having responsibility for resource recovery
3525programs.
3526     (l)  The commission department shall develop, coordinate,
3527and promote a comprehensive research plan for state programs.
3528Such plan shall be consistent with state energy policy and shall
3529be updated on a biennial basis.
3530     (m)  In recognition of the devastation to the economy of
3531this state and the dangers to the health and welfare of
3532residents of this state caused by severe hurricanes Hurricane
3533Andrew, and the potential for such impacts caused by other
3534natural disasters, the commission department shall include in
3535its energy emergency contingency plan and provide to the Florida
3536Building Commission Department of Community Affairs for
3537inclusion in the Florida Energy Efficiency Code for Building
3538Construction state model energy efficiency building code
3539specific provisions to facilitate the use of cost-effective
3540solar energy technologies as emergency remedial and preventive
3541measures for providing electric power, street lighting, and
3542water heating service in the event of electric power outages.
3543     (3)(4)  The commission department shall be responsible for
3544the administration of the Coastal Energy Impact Program provided
3545for and described in Pub. L. No. 94-370, 16 U.S.C. s. 1456a.
3546     Section 56.  Paragraph (a) of subsection (2) of section
3547377.705, Florida Statutes, is amended to read:
3548     377.705  Solar Energy Center; development of solar energy
3549standards.--
3550     (2)  LEGISLATIVE FINDINGS AND INTENT.--
3551     (a)  The Legislature recognizes that if present trends
3552continue, Florida will increase present energy consumption
3553sixfold by the year 2000. Because of this dramatic increase and
3554because existing domestic conventional energy resources will not
3555provide sufficient energy to meet the nation's future needs, new
3556sources of energy must be developed and applied. One such
3557source, solar energy, has been in limited use in Florida for 30
3558years. Applications of incident solar energy, the use of solar
3559radiation to provide energy for water heating, space heating,
3560space cooling, and other uses, through suitable absorbing
3561equipment on or near a residence or commercial structure, must
3562be extensively expanded. Unfortunately, the initial costs with
3563regard to the production of solar energy have been prohibitively
3564expensive. However, Because of increases in the cost of
3565conventional fuel, certain applications of solar energy are
3566becoming competitive, particularly when life-cycle costs are
3567considered. It is the intent of the Legislature in formulating a
3568sound and balanced energy policy for the state to encourage the
3569development of an alternative energy capability in the form of
3570incident solar energy.
3571     Section 57.  Section 377.801, Florida Statutes, is amended
3572to read:
3573     377.801  Short title.--Sections 377.801-377.806 may be
3574cited as the "Florida Energy and Climate Protection Renewable
3575Energy Technologies and Energy Efficiency Act."
3576     Section 58.  Section 377.802, Florida Statutes, is amended
3577to read:
3578     377.802  Purpose.--This act is intended to provide
3579incentives for Florida's citizens, businesses, school districts,
3580and local governments to take action to diversify the state's
3581energy supplies, reduce dependence on foreign oil, and mitigate
3582the effects of climate change by providing funding for
3583activities designed to achieve these goals. The grant programs
3584in this act are intended matching grants to stimulate capital
3585investment in the state and to enhance the market for and
3586promote the statewide utilization of renewable energy
3587technologies and technologies intended to diversify Florida's
3588energy supplies, reduce dependence on foreign oil, and combat or
3589limit climate change impacts. The targeted grants program is
3590designed to advance the already growing establishment of
3591renewable energy technologies in the state and encourage the use
3592of other incentives such as tax exemptions and regulatory
3593certainty to attract additional renewable energy technology
3594producers, developers, and users to the state. This act is also
3595intended to provide incentives for the purchase of energy-
3596efficient appliances and rebates for solar energy equipment
3597installations for residential and commercial buildings.
3598     Section 59.  Section 377.803, Florida Statutes, is amended
3599to read:
3600     377.803  Definitions.--As used in ss. 377.801-377.806, the
3601term:
3602     (1)  "Act" means the Florida Energy and Climate Protection
3603Renewable Energy Technologies and Energy Efficiency Act.
3604     (2)  "Approved metering equipment" means a device capable
3605of measuring the energy output of a solar thermal system that
3606has been approved by the commission.
3607     (2)(3)  "Commission" means the Florida Energy and Climate
3608Public Service Commission.
3609     (4)  "Department" means the Department of Environmental
3610Protection.
3611     (3)(5)  "Person" means an individual, partnership, joint
3612venture, private or public corporation, association, firm,
3613public service company, or any other public or private entity.
3614     (4)(6)  "Renewable energy" means electrical, mechanical, or
3615thermal energy produced from a method that uses one or more of
3616the following fuels or energy sources: hydrogen, biomass, as
3617defined in s. 366.91, solar energy, geothermal energy, wind
3618energy, ocean energy, waste heat, or hydroelectric power.
3619     (5)(7)  "Renewable energy technology" means any technology
3620that generates or utilizes a renewable energy resource.
3621     (6)(8)  "Solar energy system" means equipment that provides
3622for the collection and use of incident solar energy for water
3623heating, space heating or cooling, or other applications that
3624would normally require a conventional source of energy such as
3625petroleum products, natural gas, or electricity that performs
3626primarily with solar energy. In other systems in which solar
3627energy is used in a supplemental way, only those components that
3628collect and transfer solar energy shall be included in this
3629definition.
3630     (7)(9)  "Solar photovoltaic system" means a device that
3631converts incident sunlight into electrical current.
3632     (8)(10)  "Solar thermal system" means a device that traps
3633heat from incident sunlight in order to heat water.
3634     Section 60.  Section 377.804, Florida Statutes, as amended
3635by section 52 of chapter 2007-73, Laws of Florida, is amended to
3636read:
3637     377.804  Renewable Energy and Energy-Efficient Technologies
3638Grants Program.--
3639     (1)  The Renewable Energy and Energy-Efficient Technologies
3640Grants Program is established within the commission department
3641to provide renewable energy matching grants for demonstration,
3642commercialization, research, and development projects relating
3643to renewable energy technologies and innovative technologies
3644that significantly increase energy efficiency for vehicles and
3645commercial buildings.
3646     (2)  Matching grants for renewable energy technology
3647demonstration, commercialization, research, and development
3648projects described in subsection (1) may be made to any of the
3649following:
3650     (a)  Municipalities and county governments.
3651     (b)  Established for-profit companies licensed to do
3652business in the state.
3653     (c)  Universities and colleges in the state.
3654     (d)  Utilities located and operating within the state.
3655     (e)  Not-for-profit organizations.
3656     (f)  Other qualified persons, as determined by the
3657commission department.
3658     (3)  The commission department may adopt rules pursuant to
3659ss. 120.536(1) and 120.54 to provide for application
3660requirements, provide for ranking of applications, and
3661administer the awarding of grants under this program.
3662     (4)  Factors the commission department shall consider in
3663awarding grants include, but are not limited to:
3664     (a)  The availability of matching funds or other in-kind
3665contributions applied to the total project from an applicant.
3666The commission department shall give greater preference to
3667projects that provide such matching funds or other in-kind
3668contributions.
3669     (b)  The degree to which the project stimulates in-state
3670capital investment and economic development in metropolitan and
3671rural areas, including the creation of jobs and the future
3672development of a commercial market for renewable energy
3673technologies.
3674     (c)  The extent to which the proposed project has been
3675demonstrated to be technically feasible based on pilot project
3676demonstrations, laboratory testing, scientific modeling, or
3677engineering or chemical theory that supports the proposal.
3678     (d)  The degree to which the project incorporates an
3679innovative new technology or an innovative application of an
3680existing technology.
3681     (e)  The degree to which a project generates thermal,
3682mechanical, or electrical energy by means of a renewable energy
3683resource that has substantial long-term production potential.
3684     (f)  The degree to which a project demonstrates efficient
3685use of energy and material resources.
3686     (g)  The degree to which the project fosters overall
3687understanding and appreciation of renewable energy technologies.
3688     (h)  The ability to administer a complete project.
3689     (i)  Project duration and timeline for expenditures.
3690     (j)  The geographic area in which the project is to be
3691conducted in relation to other projects.
3692     (k)  The degree of public visibility and interaction.
3693     (5)  The commission department shall solicit the expertise
3694of other state agencies, Enterprise Florida, Inc., and state
3695universities, and may solicit the expertise of other public and
3696private entities it deems appropriate, in evaluating project
3697proposals. State agencies shall cooperate with the commission
3698Department of Environmental Protection and provide such
3699assistance as requested.
3700     (6)  The commission department shall coordinate and
3701actively consult with the Department of Agriculture and Consumer
3702Services during the review and approval process of grants
3703relating to bioenergy projects for renewable energy technology,
3704and the departments shall jointly determine the grant awards to
3705these bioenergy projects. No grant funding shall be awarded to
3706any bioenergy project without such joint approval. Factors for
3707consideration in awarding grants may include, but are not
3708limited to, the degree to which:
3709     (a)  The project stimulates in-state capital investment and
3710economic development in metropolitan and rural areas, including
3711the creation of jobs and the future development of a commercial
3712market for bioenergy.
3713     (b)  The project produces bioenergy from Florida-grown
3714crops or biomass.
3715     (c)  The project demonstrates efficient use of energy and
3716material resources.
3717     (d)  The project fosters overall understanding and
3718appreciation of bioenergy technologies.
3719     (e)  Matching funds and in-kind contributions from an
3720applicant are available.
3721     (f)  The project duration and the timeline for expenditures
3722are acceptable.
3723     (g)  The project has a reasonable assurance of enhancing
3724the value of agricultural products or will expand agribusiness
3725in the state.
3726     (h)  Preliminary market and feasibility research has been
3727conducted by the applicant or others and shows there is a
3728reasonable assurance of a potential market.
3729     (7)  Each grant application shall be accompanied by an
3730affidavit from the applicant attesting to the accuracy of the
3731statements contained in the application.
3732     Section 61.  Section 377.806, Florida Statutes, is amended
3733to read:
3734     377.806  Solar Energy System Incentives Program.--
3735     (1)  PURPOSE.--The Solar Energy System Incentives Program
3736is established within the commission department to provide
3737financial incentives for the purchase and installation of solar
3738energy systems. Any resident of the state who purchases and
3739installs a new solar energy system of 2 kilowatts or larger for
3740a solar photovoltaic system, a solar energy system that provides
3741at least 50 percent of a building's hot water consumption for a
3742solar thermal system, or a solar thermal pool heater, from July
37431, 2006, through June 30, 2010, is eligible for a rebate on a
3744portion of the purchase price of that solar energy system.
3745     (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
3746     (a)  Eligibility requirements.--A solar photovoltaic system
3747qualifies for a rebate if:
3748     1.  The system is installed by a state-licensed master
3749electrician, electrical contractor, or solar contractor.
3750     2.  The system complies with state interconnection
3751standards as provided by the Florida Public Service Commission.
3752     3.  The system complies with all applicable building codes
3753as defined by the Florida Building Code local jurisdictional
3754authority.
3755     (b)  Rebate amounts.--The rebate amount shall be set at $4
3756per watt based on the total wattage rating of the system. The
3757maximum allowable rebate per solar photovoltaic system
3758installation shall be as follows:
3759     1.  Twenty thousand dollars for a residence.
3760     2.  One hundred thousand dollars for a place of business, a
3761publicly owned or operated facility, or a facility owned or
3762operated by a private, not-for-profit organization, including
3763condominiums or apartment buildings.
3764     (3)  SOLAR THERMAL SYSTEM INCENTIVE.--
3765     (a)  Eligibility requirements.--A solar thermal system
3766qualifies for a rebate if:
3767     1.  The system is installed by a state-licensed solar or
3768plumbing contractor, or for the installation of standing seam
3769hybrid thermal roofs, a roofing contractor.
3770     2.  The system complies with all applicable building codes
3771as defined by the Florida Building Code local jurisdictional
3772authority.
3773     (b)  Rebate amounts.--Authorized rebates for installation
3774of solar thermal systems shall be as follows:
3775     1.  Five hundred dollars for a residence.
3776     2.  Fifteen dollars per 1,000 Btu up to a maximum of $5,000
3777for a place of business, a publicly owned or operated facility,
3778or a facility owned or operated by a private, not-for-profit
3779organization, including condominiums or apartment buildings. Btu
3780must be verified by approved metering equipment.
3781     (4)  SOLAR THERMAL POOL HEATER INCENTIVE.--
3782     (a)  Eligibility requirements.--A solar thermal pool heater
3783qualifies for a rebate if the system is installed by a state-
3784licensed solar or plumbing contractor and the system complies
3785with all applicable building codes as defined by the Florida
3786Building Code local jurisdictional authority.
3787     (b)  Rebate amount.--Authorized rebates for installation of
3788solar thermal pool heaters shall be $100 per installation.
3789     (5)  APPLICATION.--Application for a rebate must be made
3790within 120 90 days after the purchase of the solar energy
3791equipment.
3792     (6)  REBATE AVAILABILITY.--The commission department shall
3793determine and publish on a regular basis the amount of rebate
3794funds remaining in each fiscal year. The total dollar amount of
3795all rebates issued by the department is subject to the total
3796amount of appropriations in any fiscal year for this program. If
3797funds are insufficient during the current fiscal year, any
3798requests for rebates received during that fiscal year may be
3799processed during the following fiscal year. Requests for rebates
3800received in a fiscal year that are processed during the
3801following fiscal year shall be given priority over requests for
3802rebates received during the following fiscal year.
3803     (7)  RULES.--The commission department shall adopt rules
3804pursuant to ss. 120.536(1) and 120.54 to develop rebate
3805applications and administer the issuance of rebates.
3806     Section 62.  Section 377.808, Florida Statutes, is created
3807to read:
3808     377.808  Florida Green Government Grants Act.--
3809     (1)  This section may be cited as the "Florida Green
3810Government Grants Act."
3811     (2)  The Florida Energy and Climate Commission shall use
3812funds specifically appropriated to award grants under this
3813section to assist local governments, including municipalities,
3814counties, and school districts, in the development and
3815implementation of programs that achieve green standards. Green
3816standards shall be determined by the commission and shall
3817provide for cost-efficient solutions, reducing greenhouse gas
3818emissions, improving quality of life, and strengthening the
3819state's economy.
3820     (3)  The commission shall adopt rules pursuant to chapter
3821120 to administer the grants provided for in this section. In
3822accordance with the rules adopted by the commission under this
3823section, the commission may provide grants from funds
3824specifically appropriated for this purpose to local governments
3825for the costs of achieving green standards, including necessary
3826administrative expenses. The rules of the commission shall:
3827     (a)  Designate one or more suitable green government
3828standards frameworks from which local governments may develop a
3829greening government initiative and from which projects may be
3830eligible for funding pursuant to this section.
3831     (b)  Require that projects that plan, design, construct,
3832upgrade, or replace facilities reduce greenhouse gas emissions
3833and be cost-effective, environmentally sound, permittable, and
3834implementable.
3835     (c)  Require local governments to match state funds with
3836direct project cost sharing or in-kind services.
3837     (d)  Provide for a scale of matching requirements for local
3838governments on the basis of population in order to assist rural
3839and undeveloped areas of the state with any financial burden of
3840addressing climate change impacts.
3841     (e)  Require grant applications to be submitted on
3842appropriate forms developed and adopted by the commission with
3843appropriate supporting documentation and require records to be
3844maintained.
3845     (f)  Establish a system to determine the relative priority
3846of grant applications. The system shall consider greenhouse gas
3847reductions, energy savings and efficiencies, and proven
3848technologies.
3849     (g)  Establish requirements for competitive procurement of
3850engineering and construction services, materials, and equipment.
3851     (h)  Provide for termination of grants when program
3852requirements are not met.
3853     (4)  Each local government is limited to not more than two
3854grant applications during each application period announced by
3855the commission. However, a local government may not have more
3856than three active projects expending grant funds during any
3857state fiscal year.
3858     (5)  The commission shall perform an adequate overview of
3859each grant, which may include technical review, site
3860inspections, disbursement approvals, and auditing to
3861successfully implement this section.
3862     Section 63.  Paragraph (c) of subsection (3) of section
3863380.23, Florida Statutes, is amended to read:
3864     380.23  Federal consistency.--
3865     (3)  Consistency review shall be limited to review of the
3866following activities, uses, and projects to ensure that such
3867activities, uses, and projects are conducted in accordance with
3868the state's coastal management program:
3869     (c)  Federally licensed or permitted activities affecting
3870land or water uses when such activities are in or seaward of the
3871jurisdiction of local governments required to develop a coastal
3872zone protection element as provided in s. 380.24 and when such
3873activities involve:
3874     1.  Permits and licenses required under the Rivers and
3875Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
3876     2.  Permits and licenses required under the Marine
3877Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
38781401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
3879     3.  Permits and licenses required under the Federal Water
3880Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
3881amended, unless such permitting activities have been delegated
3882to the state pursuant to said act.
3883     4.  Permits and licenses relating to the transportation of
3884hazardous substance materials or transportation and dumping
3885which are issued pursuant to the Hazardous Materials
3886Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
388733 U.S.C. s. 1321, as amended.
3888     5.  Permits and licenses required under 15 U.S.C. ss. 717-
3889717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
38901331-1356 for construction and operation of interstate gas
3891pipelines and storage facilities.
3892     6.  Permits and licenses required for the siting and
3893construction of any new electrical power plants as defined in s.
3894403.503(14)(13), as amended, and the licensing and relicensing
3895of hydroelectric power plants under the Federal Power Act, 16
3896U.S.C. ss. 791a et seq., as amended.
3897     7.  Permits and licenses required under the Mining Law of
38981872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
3899Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
3900Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
3901amended; the Federal Land Policy and Management Act, 43 U.S.C.
3902ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
3903U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
3904U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
3905pipelines, geological and geophysical activities, or rights-of-
3906way on public lands and permits and licenses required under the
3907Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
3908amended.
3909     8.  Permits and licenses for areas leased under the OCS
3910Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
3911leases and approvals of exploration, development, and production
3912plans.
3913     9.  Permits and licenses required under the Deepwater Port
3914Act of 1974, 33 U.S.C. ss. 1501 et seq., as amended.
3915     10.  Permits required for the taking of marine mammals
3916under the Marine Mammal Protection Act of 1972, as amended, 16
3917U.S.C. s. 1374.
3918     Section 64.  Subsection (20) of section 403.031, Florida
3919Statutes, is amended to read:
3920     403.031  Definitions.--In construing this chapter, or rules
3921and regulations adopted pursuant hereto, the following words,
3922phrases, or terms, unless the context otherwise indicates, have
3923the following meanings:
3924     (20)  "Electrical power plant" means, for purposes of this
3925part of this chapter, any electrical generating facility that
3926uses any process or fuel and that is owned or operated by an
3927electric utility, as defined in s. 403.503(14)(13), and includes
3928any associated facility that directly supports the operation of
3929the electrical power plant.
3930     Section 65.  Section 403.44, Florida Statutes, is created
3931to read:
3932     403.44  Florida Climate Protection Act.--
3933     (1)  The Legislature finds it is in the best interest of
3934the state to document, to the greatest extent practicable,
3935greenhouse gas emissions and to pursue a market-based emissions
3936abatement program, such as cap and trade, to address greenhouse
3937gas emissions reductions.
3938     (2)  As used in this section, the term:
3939     (a)  "Allowance" means a credit issued by the department
3940through allotments or auction which represents an authorization
3941to emit specific amounts of greenhouse gases, as further defined
3942in department rule.
3943     (b)  "Cap and trade" or "emissions trading" means an
3944administrative approach used to control pollution by providing a
3945limit on total allowable emissions, providing for allowances to
3946emit pollutants, and providing for the transfer of the
3947allowances among pollutant sources as a means of compliance with
3948emission limits.
3949     (c)  "Greenhouse gas" or "GHG" means carbon dioxide,
3950methane, nitrous oxide, and fluorinated gases such as
3951hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
3952     (d)  "Leakage" means the offset of emission abatement that
3953is achieved in one location subject to emission control
3954regulation by increased emissions in unregulated locations.
3955     (e)  "Major emitter" means an electric utility regulated
3956under this chapter.
3957     (3)  A major emitter shall be required to use The Climate
3958Registry for purposes of emission registration and reporting.
3959     (4)  The department shall establish the methodologies,
3960reporting periods, and reporting systems that shall be used when
3961major emitters report to The Climate Registry. The department
3962may require the use of quality-assured data from continuous
3963emissions monitoring systems.
3964     (5)  The department may adopt rules for a cap-and-trade
3965regulatory program to reduce greenhouse gas emissions from major
3966emitters. When developing the rules, the department shall
3967consult with the Florida Energy and Climate Commission and the
3968Florida Public Service Commission and may consult with the
3969Governor's Action Team for Energy and Climate Change. The
3970department shall not adopt rules until after January 1, 2010.
3971The rules shall not become effective until ratified by the
3972Legislature.
3973     (6)  The rules of the cap-and-trade regulatory program
3974shall include, but are not limited to:
3975     (a)  A statewide limit or cap on the amount of greenhouse
3976gases emitted by major emitters.
3977     (b)  Methods, requirements, and conditions for allocating
3978the cap among major emitters.
3979     (c)  Methods, requirements, and conditions for emissions
3980allowances and the process for issuing emissions allowances.
3981     (d)  The relationship between allowances and the specific
3982amounts of greenhouse gas emissions they represent.
3983     (e)  The length of allowance periods and the time over
3984which entities must account for emissions and surrender
3985allowances equal to emissions.
3986     (f)  The timeline of allowances from the initiation of the
3987program through to 2050.
3988     (g)  A process for the trade of allowances between major
3989emitters, including a registry, tracking, or accounting system
3990for such trades.
3991     (h)  Cost containment mechanisms to reduce price and cost
3992risks associated with the electric generation market in this
3993state. Cost containment mechanisms to be considered for
3994inclusion in the rules include, but are not limited to:
3995     1.  Allowing major emitters to borrow allowances from
3996future time periods to meet their greenhouse gas emission
3997limits.
3998     2.  Allowing major emitters to bank greenhouse gas emission
3999reductions in the current year to be used to meet emission
4000limits in future years.
4001     3.  Allowing major emitters to purchase emissions offsets
4002from other entities that produce verifiable reductions in
4003unregulated greenhouse gas emissions or that produce verifiable
4004reductions in greenhouse gas emissions through voluntary
4005practices that capture and store greenhouse gases that otherwise
4006would be released into the atmosphere. In considering this cost
4007containment mechanism, the department shall identify sectors and
4008activities outside of the capped sectors, including other state,
4009federal, or international activities, and the conditions under
4010which reductions there can be credited against emissions of
4011capped entities in place of allowances issued by the department.
4012The department shall also consider potential methods and their
4013effectiveness to avoid double-incentivizing such activities.
4014     4.  Providing a safety valve mechanism to ensure that the
4015market prices for allowances or offsets do not surpass a
4016predetermined level compatible with the affordability of
4017electric utility rates and the well-being of the state's
4018economy. In considering this cost containment mechanism, the
4019department shall evaluate different price levels for the safety
4020valve and methods to change the price level over time to reflect
4021changing state, federal, and international markets, regulatory
4022environments, and technological advancements.
4023
4024In considering cost containment mechanisms for inclusion in the
4025rules, the department shall evaluate the anticipated overall
4026effect of each mechanism on the abatement of greenhouse gas
4027emissions and on electricity ratepayers and the benefits and
4028costs of each to the state's economy, and shall also consider
4029the interrelationships between the mechanisms under
4030consideration.
4031     (i)  A process to allow the department to exercise its
4032authority to discourage leakage of GHG emissions to neighboring
4033states attributable to the implementation of this program.
4034     (j)  Provisions for a trial period on the trading of
4035allowances before full implementation of a trading system.
4036     (7)  In recommending and evaluating proposed features of
4037the cap-and-trade system, the following factors shall be
4038considered:
4039     (a)  The overall cost-effectiveness of the cap-and-trade
4040system in combination with other policies and measures in
4041meeting statewide targets.
4042     (b)  Minimizing the administrative burden to the state of
4043implementing, monitoring, and enforcing the program.
4044     (c)  Minimizing the administrative burden on entities
4045covered under the cap.
4046     (d)  The impacts on electricity prices for consumers.
4047     (e)  The specific benefits to the state's economy for early
4048adoption of a cap-and-trade system for greenhouse gases in the
4049context of federal climate change legislation and the
4050development of new international compacts.
4051     (f)  The specific benefits to the state's economy
4052associated with the creation and sale of emissions offsets from
4053economic sectors outside of the emissions cap.
4054     (g)  The potential effects on leakage if economic activity
4055relocates out of the state.
4056     (h)  The effectiveness of the combination of measures in
4057meeting identified targets.
4058     (i)  The implications for near-term periods of long-term
4059targets specified in the overall policy.
4060     (j)  The overall costs and benefits of a cap-and-trade
4061system to the state economy.
4062     (k)  How to moderate impacts on low-income consumers that
4063result from energy price increases.
4064     (l)  Consistency of the program with other state and
4065possible federal efforts.
4066     (m)  The feasibility and cost-effectiveness of extending
4067the program scope as broadly as possible among emitting
4068activities and sinks in Florida.
4069     (n)  Evaluation of the conditions under which Florida
4070should consider linking its trading system to the systems of
4071other states or other countries and how that might be affected
4072by the potential inclusion in the rule of a safety valve.
4073     (8)  Recognizing that the international, national, and
4074neighboring state policies and the science of climate change
4075will evolve, prior to submitting the proposed rules to the
4076Legislature for consideration, the department shall submit the
4077proposed rules to the Florida Energy and Climate Commission,
4078which shall review the proposed rules and submit a report to the
4079Governor, the President of the Senate, the Speaker of the House
4080of Representatives, and the department. The report shall
4081address:
4082     (a)  The overall cost-effectiveness of the proposed cap-
4083and-trade system in combination with other policies and measures
4084in meeting statewide targets.
4085     (b)  The administrative burden to the state of
4086implementing, monitoring, and enforcing the program.
4087     (c)  The administrative burden on entities covered under
4088the cap.
4089     (d)  The impacts on electricity prices for consumers.
4090     (e)  The specific benefits to the state's economy for early
4091adoption of a cap-and-trade system for greenhouse gases in the
4092context of federal climate change legislation and the
4093development of new international compacts.
4094     (f)  The specific benefits to the state's economy
4095associated with the creation and sale of emissions offsets from
4096economic sectors outside of the emissions cap.
4097     (g)  The potential effects on leakage if economic activity
4098relocates out of the state.
4099     (h)  The effectiveness of the combination of measures in
4100meeting identified targets.
4101     (i)  The economic implications for near-term periods of
4102short-term and long-term targets specified in the overall
4103policy.
4104     (j)  The overall costs and benefits of a cap-and-trade
4105system to the economy of the state.
4106     (k)  The impacts on low-income consumers that result from
4107energy price increases.
4108     (l)  The consistency of the program with other state and
4109possible federal efforts.
4110     (m)  The evaluation of the conditions under which the state
4111should consider linking its trading system to the systems of
4112other states or other countries and how that might be affected
4113by the potential inclusion in the rule of a safety valve.
4114     (n)  The timing and changes in the external environment,
4115such as proposals by other states or implementation of a federal
4116program that would spur reevaluation of the Florida program.
4117     (o)  The conditions and options for eliminating the Florida
4118program if a federal program were to supplant it.
4119     (p)  The need for a regular reevaluation of the progress of
4120other emitting regions of the country and of the world, and
4121whether other regions are abating emissions in a commensurate
4122manner.
4123     (q)  The desirability of and possibilities of broadening
4124the scope of the state's cap-and-trade system at a later date to
4125include more emitting activities as well as sinks in Florida,
4126the conditions that would need to be met to do so, and how the
4127program would encourage these conditions to be met, including
4128developing monitoring and measuring techniques for land use
4129emissions and sinks, regulating sources upstream, and other
4130considerations.
4131     Section 66.  Section 403.502, Florida Statutes, is amended
4132to read:
4133     403.502  Legislative intent.--The Legislature finds that
4134the present and predicted growth in electric power demands in
4135this state requires the development of a procedure for the
4136selection and utilization of sites for electrical generating
4137facilities and the identification of a state position with
4138respect to each proposed site and its associated facilities. The
4139Legislature recognizes that the selection of sites and the
4140routing of associated facilities, including transmission lines,
4141will have a significant impact upon the welfare of the
4142population, the location and growth of industry, and the use of
4143the natural resources of the state. The Legislature finds that
4144the efficiency of the permit application and review process at
4145both the state and local level would be improved with the
4146implementation of a process whereby a permit application would
4147be centrally coordinated and all permit decisions could be
4148reviewed on the basis of standards and recommendations of the
4149deciding agencies. It is the policy of this state that, while
4150recognizing the pressing need for increased power generation
4151facilities, the state shall ensure through available and
4152reasonable methods that the location and operation of electrical
4153power plants will produce minimal adverse effects on human
4154health, the environment, the ecology of the land and its
4155wildlife, and the ecology of state waters and their aquatic life
4156and will not unduly conflict with the goals established by the
4157applicable local comprehensive plans. It is the intent to seek
4158courses of action that will fully balance the increasing demands
4159for electrical power plant location and operation with the broad
4160interests of the public. Such action will be based on these
4161premises:
4162     (1)  To assure the citizens of Florida that operation
4163safeguards are technically sufficient for their welfare and
4164protection.
4165     (2)  To effect a reasonable balance between the need for
4166the facility and the environmental impact resulting from
4167construction and operation of the facility, including air and
4168water quality, fish and wildlife, and the water resources and
4169other natural resources of the state.
4170     (3)  To meet the need for electrical energy as established
4171pursuant to s. 403.519.
4172     (4)  To assure the citizens of Florida that renewable
4173energy sources and technologies, as well as conservation
4174measures, are utilized to the extent reasonably available.
4175     Section 67.  Subsections (3) through (30) of section
4176403.503, Florida Statutes, are renumbered as subsections (4)
4177through (31), respectively, present subsections (6), (8), (10),
4178(13), (27), and (29) are amended, and a new subsection (3) is
4179added to that section, to read:
4180     403.503  Definitions relating to Florida Electrical Power
4181Plant Siting Act.--As used in this act:
4182     (3)  "Alternate corridor" means an area that is proposed by
4183the applicant or a third party within which all or part of an
4184associated electrical transmission line right-of-way is to be
4185located and that is different from the preferred transmission
4186line corridor proposed by the applicant. The width of the
4187alternate corridor proposed for certification for an associated
4188electrical transmission line may be the width of the proposed
4189right-of-way or a wider boundary not to exceed a width of 1
4190mile. The area within the alternate corridor may be further
4191restricted as a condition of certification. The alternate
4192corridor may include alternate electrical substation sites if
4193the applicant has proposed an electrical substation as part of
4194the portion of the proposed electrical transmission line.
4195     (7)(6)  "Associated facilities" means, for the purpose of
4196certification, those onsite and offsite facilities which
4197directly support the construction and operation of the
4198electrical power plant such as electrical transmission lines,
4199substations, and fuel unloading facilities; pipelines necessary
4200for transporting fuel for the operation of the facility or other
4201fuel transportation facilities; water or wastewater transport
4202pipelines; construction, maintenance, and access roads; and
4203railway lines necessary for transport of construction equipment
4204or fuel for the operation of the facility.
4205     (9)(8)  "Certification" means the written order of the
4206board, or secretary when applicable, approving an application
4207for the licensing of an electrical power plant, in whole or with
4208such changes or conditions as the board may deem appropriate.
4209     (11)(10)  "Corridor" means the proposed area within which
4210an associated linear facility right-of-way is to be located. The
4211width of the corridor proposed for certification as an
4212associated facility, at the option of the applicant, may be the
4213width of the right-of-way or a wider boundary, not to exceed a
4214width of 1 mile. The area within the corridor in which a right-
4215of-way may be located may be further restricted by a condition
4216of certification. After all property interests required for the
4217right-of-way have been acquired by the licensee, the boundaries
4218of the area certified shall narrow to only that land within the
4219boundaries of the right-of-way. The corridors proper for
4220certification shall be those addressed in the application, in
4221amendments to the application filed under s. 403.5064, and in
4222notices of acceptance of proposed alternate corridors filed by
4223an applicant and the department pursuant to s. 403.5271 as
4224incorporated by reference in s. 403.5064(1)(b) for which the
4225required information for the preparation of agency supplemental
4226reports was filed.
4227     (14)(13)  "Electrical power plant" means, for the purpose
4228of certification, any steam or solar electrical generating
4229facility using any process or fuel, including nuclear materials,
4230except that this term does not include any steam or solar
4231electrical generating facility of less than 75 megawatts in
4232capacity unless the applicant for such a facility elects to
4233apply for certification under this act. This term also includes
4234the site; all associated facilities that will to be owned by the
4235applicant that which are physically connected to the electrical
4236power plant site; all associated facilities that or which are
4237indirectly directly connected to the electrical power plant site
4238by other proposed associated facilities that will to be owned by
4239the applicant;, and associated transmission lines that will to
4240be owned by the applicant which connect the electrical power
4241plant to an existing transmission network or rights-of-way to of
4242which the applicant intends to connect. At the applicant's
4243option, this term may include any offsite associated facilities
4244that which will not be owned by the applicant; offsite
4245associated facilities that which are owned by the applicant but
4246that which are not directly connected to the electrical power
4247plant site; any proposed terminal or intermediate substations or
4248substation expansions connected to the associated transmission
4249line; or new transmission lines, upgrades, or improvements of an
4250existing transmission line on any portion of the applicant's
4251electrical transmission system necessary to support the
4252generation injected into the system from the proposed electrical
4253power plant.
4254     (28)(27)  "Site" means any proposed location within which
4255will be located wherein an electrical power plant's generating
4256facility and onsite support facilities plant, or an electrical
4257power plant alteration or addition of electrical generating
4258facilities and onsite support facilities resulting in an
4259increase in generating capacity, will be located, including
4260offshore sites within state jurisdiction.
4261     (30)(29)  "Ultimate site capacity" means the maximum gross
4262generating capacity for a site as certified by the board, unless
4263otherwise specified as net generating capacity.
4264     Section 68.  Subsections (2) through (5), (9), and (11) of
4265section 403.504, Florida Statutes, are amended to read:
4266     403.504  Department of Environmental Protection; powers and
4267duties enumerated.--The department shall have the following
4268powers and duties in relation to this act:
4269     (2)  To prescribe the form and content of the public
4270notices and the notice of intent and the form, content, and
4271necessary supporting documentation and studies to be prepared by
4272the applicant for electrical power plant site certification
4273applications.
4274     (3)  To receive applications for electrical power plant
4275site certifications and to determine the completeness and
4276sufficiency thereof.
4277     (4)  To make, or contract for, studies of electrical power
4278plant site certification applications.
4279     (5)  To administer the processing of applications for
4280electric power plant site certifications and to ensure that the
4281applications are processed as expeditiously as possible.
4282     (9)  To determine whether an alternate corridor proposed
4283for consideration under s. 403.5064(4) is acceptable issue final
4284orders after receipt of the administrative law judge's order
4285relinquishing jurisdiction pursuant to s. 403.508(6).
4286     (11)  To administer and manage the terms and conditions of
4287the certification order and supporting documents and records for
4288the life of the electrical power plant facility.
4289     Section 69.  Subsection (1) of section 403.506, Florida
4290Statutes, is amended, and subsection (3) is added that section,
4291to read:
4292     403.506  Applicability, thresholds, and certification.--
4293     (1)  The provisions of this act shall apply to any
4294electrical power plant as defined herein, except that the
4295provisions of this act shall not apply to any electrical power
4296plant or steam generating plant of less than 75 megawatts in
4297gross capacity, including its associated facilities, or to any
4298substation to be constructed as part of an associated
4299transmission line unless the applicant has elected to apply for
4300certification of such electrical power plant or substation under
4301this act. The provisions of this act shall not apply to any unit
4302capacity expansions expansion of 75 35 megawatts or less, in the
4303aggregate, of an existing exothermic reaction cogeneration
4304electrical generating facility unit that was exempt from this
4305act when it was originally built; however, this exemption shall
4306not apply if the unit uses oil or natural gas for purposes other
4307than unit startup. No construction of any new electrical power
4308plant or expansion in steam generating capacity as measured by
4309an increase in the maximum electrical generator rating of any
4310existing electrical power plant may be undertaken after October
43111, 1973, without first obtaining certification in the manner as
4312herein provided, except that this act shall not apply to any
4313such electrical power plant which is presently operating or
4314under construction or which has, upon the effective date of
4315chapter 73-33, Laws of Florida, applied for a permit or
4316certification under requirements in force prior to the effective
4317date of such act.
4318     (3)  An electric utility may obtain separate licenses,
4319permits, and approvals for the construction of facilities
4320necessary to construct an electrical power plant without first
4321obtaining certification under this act if the utility intends to
4322locate, license, and construct a proposed or expanded electrical
4323power plant that uses nuclear materials as fuel. Such facilities
4324may include, but are not limited to, access and onsite roads,
4325rail lines, electrical transmission facilities to support
4326construction, and facilities necessary for waterborne delivery
4327of construction materials and project components. This exemption
4328applies to such facilities regardless of whether the facilities
4329are used for operation of the power plant. The applicant shall
4330file with the department a statement that declares that the
4331construction of such facilities is necessary for the timely
4332construction of the proposed electrical power plant and
4333identifies those facilities that the applicant intends to seek
4334licenses for and construct prior to or separate from
4335certification of the project. The facilities may be located
4336within or off the site for the proposed electrical power plant.
4337The filing of an application under this act shall not affect
4338other applications for separate licenses which are pending at
4339the time of filing the application. Furthermore, the filing of
4340an application shall not prevent an electric utility from
4341seeking separate licenses for facilities that are necessary to
4342construct the electrical power plant. Licenses, permits, or
4343approvals issued by any state, regional, or local agency for
4344such facilities shall be incorporated by the department into a
4345final certification upon completion of construction. Any
4346facilities necessary for construction of the electrical power
4347plant shall become part of the certified electrical power plant
4348upon completion of the electrical power plant's construction.
4349The exemption in this subsection shall not require or authorize
4350agency rulemaking, and any action taken under this subsection
4351shall not be subject to the provisions of chapter 120. This
4352subsection shall be given retroactive effect and shall apply to
4353applications filed after May 1, 2008.
4354     Section 70.  Subsections (1) and (4) of section 403.5064,
4355Florida Statutes, are amended to read:
4356     403.5064  Application; schedules.--
4357     (1)  The formal date of filing of a certification
4358application and commencement of the certification review process
4359shall be when the applicant submits:
4360     (a)  Copies of the certification application in a quantity
4361and format as prescribed by rule to the department and other
4362agencies identified in s. 403.507(2)(a).
4363     (b)  A statement affirming that the applicant is opting to
4364allow consideration of alternate corridors for an associated
4365transmission line corridor. If alternate corridors are allowed,
4366at the applicant's option, the portion of the application
4367addressing associated transmission line corridors shall be
4368processed under the schedule set forth in ss. 403.521-403.526,
4369403.527(4), and 403.5271, including the opportunity for the
4370filing of alternate corridors by third parties; however, if such
4371alternate corridors are filed, the certification hearing shall
4372not be rescheduled as allowed by s. 403.5271(1)(b).
4373     (c)(b)  The application fee specified under s. 403.518 to
4374the department.
4375     (4)  Within 7 days after the filing of an application, the
4376department shall prepare a proposed schedule of dates for
4377determination of completeness, submission of statements of
4378issues, submittal of final reports, and other significant dates
4379to be followed during the certification process, including dates
4380for filing notices of appearance to be a party pursuant to s.
4381403.508(3). If the application includes one or more associated
4382transmission line corridors, at the request of the applicant
4383filed concurrently with the application, the department shall
4384use the application processing schedule set forth in ss.
4385403.521-403.526, 403.527(4), and 403.5271 for the associated
4386transmission line corridors, including the opportunity for the
4387filing and review of alternate corridors, if a party proposes
4388alternate transmission line corridor routes for consideration no
4389later than 165 days before the scheduled certification hearing.
4390Notwithstanding an applicant's option for the transmission line
4391corridor portion of its application to be processed under the
4392proposed schedule, only one certification hearing shall be held
4393for the entire plant in accordance with s. 403.508(2). The
4394proposed This schedule shall be timely provided by the
4395department to the applicant, the administrative law judge, all
4396agencies identified pursuant to subsection (2), and all parties.
4397Within 7 days after the filing of the proposed schedule, the
4398administrative law judge shall issue an order establishing a
4399schedule for the matters addressed in the department's proposed
4400schedule and other appropriate matters, if any.
4401     Section 71.  Subsection (1) of section 403.5065, Florida
4402Statutes, is amended to read:
4403     403.5065  Appointment of administrative law judge; powers
4404and duties.--
4405     (1)  Within 7 days after receipt of an application, the
4406department shall request the Division of Administrative Hearings
4407to designate an administrative law judge to conduct the hearings
4408required by this act. The division director shall designate an
4409administrative law judge within 7 days after receipt of the
4410request from the department. In designating an administrative
4411law judge for this purpose, the division director shall,
4412whenever practicable, assign an administrative law judge who has
4413had prior experience or training in electrical power plant site
4414certification proceedings. Upon being advised that an
4415administrative law judge has been appointed, the department
4416shall immediately file a copy of the application and all
4417supporting documents with the designated administrative law
4418judge, who shall docket the application.
4419     Section 72.  Subsection (3) of section 403.50663, Florida
4420Statutes, is amended to read:
4421     403.50663  Informational public meetings.--
4422     (3)  A local government or regional planning council that
4423intends to conduct an informational public meeting must provide
4424notice of the meeting to all parties not less than 5 days prior
4425to the meeting and to the general public in accordance with s.
4426403.5115(5). The expense for such notice is eligible for
4427reimbursement under s. 403.518(2)(c)1.
4428     Section 73.  Section 403.50665, Florida Statutes, is
4429amended to read:
4430     403.50665  Land use consistency.--
4431     (1)  The applicant shall include in the application a
4432statement on the consistency of the site and or any directly
4433associated facilities that constitute a "development," as
4434defined in s. 380.04, with existing land use plans and zoning
4435ordinances that were in effect on the date the application was
4436filed and a full description of such consistency. This
4437information shall include an identification of those associated
4438facilities that the applicant believes are exempt from the
4439requirements of land use plans and zoning ordinances under the
4440provisions of the Local Government Comprehensive Planning and
4441Land Development Regulation Act provisions of chapter 163 and s.
4442380.04(3).
4443     (2)(a)  Within 45 days after the filing of the application,
4444each local government shall file a determination with the
4445department, the applicant, the administrative law judge, and all
4446parties on the consistency of the site, and or any directly
4447associated facilities that are not exempt from the requirements
4448of land use plans and zoning ordinances under chapter 163 and s.
4449380.04(3), with existing land use plans and zoning ordinances
4450that were in effect on the date the application was filed, based
4451on the information provided in the application. However, this
4452requirement does not apply to any new electrical generation unit
4453proposed to be constructed and operated on the site of a
4454previously certified electrical power plant or on the site of a
4455power plant that was not previously certified that will be
4456wholly contained within the boundaries of the existing site.
4457     (b)  The local government may issue its determination up to
445855 35 days later if the application has been determined
4459incomplete based in whole or in part upon a local government
4460request for has requested additional information on land use and
4461zoning consistency as part of the local government's statement
4462on completeness of the application submitted pursuant to s.
4463403.5066(1)(a). Incompleteness of information necessary for a
4464local government to evaluate an application may be claimed by
4465the local government as cause for a statement of inconsistency
4466with existing land use plans and zoning ordinances.
4467     (c)  Notice of the consistency determination shall be
4468published in accordance with the requirements of s. 403.5115.
4469     (3)(a)  If the local government issues a determination that
4470the proposed site and any nonexempt associated facilities are
4471electrical power plant is not consistent or in compliance with
4472local land use plans and zoning ordinances, the applicant may
4473apply to the local government for the necessary local approval
4474to address the inconsistencies identified in the local
4475government's determination.
4476     (b)  If the applicant makes such an application to the
4477local government, the time schedules under this act shall be
4478tolled until the local government issues its revised
4479determination on land use and zoning or the applicant otherwise
4480withdraws its application to the local government.
4481     (c)  If the applicant applies to the local government for
4482necessary local land use or zoning approval, the local
4483government shall commence a proceeding to consider the
4484application for land use or zoning approval within 45 days after
4485receipt of the complete request and shall issue a revised
4486determination within 30 days following the conclusion of that
4487local proceeding., and The time schedules and notice
4488requirements under this act shall apply to such revised
4489determination.
4490     (4)  If any substantially affected person wishes to dispute
4491the local government's determination, he or she shall file a
4492petition with the designated administrative law judge department
4493within 21 days after the publication of notice of the local
4494government's determination. If a hearing is requested, the
4495provisions of s. 403.508(1) shall apply.
4496     (5)  The dates in this section may be altered upon
4497agreement between the applicant, the local government, and the
4498department pursuant to s. 403.5095.
4499     (6)  If it is determined by the local government that the
4500proposed site or nonexempt directly associated facility does
4501conform with existing land use plans and zoning ordinances in
4502effect as of the date of the application and no petition has
4503been filed, the responsible zoning or planning authority shall
4504not thereafter change such land use plans or zoning ordinances
4505so as to foreclose construction and operation of the proposed
4506site or directly associated facilities unless certification is
4507subsequently denied or withdrawn.
4508     (7)  The issue of land use and zoning consistency for any
4509proposed alternate intermediate electrical substation which is
4510proposed as part of an alternate electrical transmission line
4511corridor which is accepted by the applicant and the department
4512under s. 403.5271(1)(b) shall be addressed in the supplementary
4513report prepared by the local government on the proposed
4514alternate corridor and shall be considered as an issue at any
4515final certification hearing. If such a proposed alternate
4516intermediate electrical substation is determined not to be
4517consistent with local land use plans and zoning ordinances, then
4518that alternate intermediate electrical substation shall not be
4519certified.
4520     Section 74.  Paragraph (a) of subsection (2) of section
4521403.507, Florida Statutes, is amended to read:
4522     403.507  Preliminary statements of issues, reports, project
4523analyses, and studies.--
4524     (2)(a)  No later than 100 days after the certification
4525application has been determined complete, the following agencies
4526shall prepare reports as provided below and shall submit them to
4527the department and the applicant, unless a final order denying
4528the determination of need has been issued under s. 403.519:
4529     1.  The Department of Community Affairs shall prepare a
4530report containing recommendations which address the impact upon
4531the public of the proposed electrical power plant, based on the
4532degree to which the electrical power plant is consistent with
4533the applicable portions of the state comprehensive plan,
4534emergency management, and other such matters within its
4535jurisdiction. The Department of Community Affairs may also
4536comment on the consistency of the proposed electrical power
4537plant with applicable strategic regional policy plans or local
4538comprehensive plans and land development regulations.
4539     2.  The water management district shall prepare a report as
4540to matters within its jurisdiction, including but not limited
4541to, the impact of the proposed electrical power plant on water
4542resources, regional water supply planning, and district-owned
4543lands and works.
4544     3.  Each local government in whose jurisdiction the
4545proposed electrical power plant is to be located shall prepare a
4546report as to the consistency of the proposed electrical power
4547plant with all applicable local ordinances, regulations,
4548standards, or criteria that apply to the proposed electrical
4549power plant, including any applicable local environmental
4550regulations adopted pursuant to s. 403.182 or by other means.
4551     4.  The Fish and Wildlife Conservation Commission shall
4552prepare a report as to matters within its jurisdiction.
4553     5.  Each regional planning council shall prepare a report
4554containing recommendations that address the impact upon the
4555public of the proposed electrical power plant, based on the
4556degree to which the electrical power plant is consistent with
4557the applicable provisions of the strategic regional policy plan
4558adopted pursuant to chapter 186 and other matters within its
4559jurisdiction.
4560     6.  The Department of Transportation shall address the
4561impact of the proposed electrical power plant on matters within
4562its jurisdiction.
4563     Section 75.  Subsection (1), paragraph (a) of subsection
4564(2), and paragraph (f) of subsection (3) of section 403.508,
4565Florida Statutes, are amended to read:
4566     403.508  Land use and certification hearings, parties,
4567participants.--
4568     (1)(a)  Within 5 days after the filing of If a petition for
4569a hearing on land use has been filed pursuant to s. 403.50665,
4570the designated administrative law judge shall schedule conduct a
4571land use hearing to be conducted in the county of the proposed
4572site or directly associated facility that is not exempt from the
4573requirements of land use plans and zoning ordinances under
4574chapter 163 and s. 380.04(3), as applicable, as expeditiously as
4575possible, but not later than 30 days after the designated
4576administrative law judge's department's receipt of the petition.
4577The place of such hearing shall be as close as possible to the
4578proposed site or directly associated facility. If a petition is
4579filed, the hearing shall be held regardless of the status of the
4580completeness of the application. However, incompleteness of
4581information necessary for a local government to evaluate an
4582application may be claimed by the local government as cause for
4583a statement of inconsistency with existing land use plans and
4584zoning ordinances under s. 403.50665.
4585     (b)  Notice of the land use hearing shall be published in
4586accordance with the requirements of s. 403.5115.
4587     (c)  The sole issue for determination at the land use
4588hearing shall be whether or not the proposed site or nonexempt
4589associated facility is consistent and in compliance with
4590existing land use plans and zoning ordinances. If the
4591administrative law judge concludes that the proposed site or
4592nonexempt associated facility is not consistent or in compliance
4593with existing land use plans and zoning ordinances, the
4594administrative law judge shall receive at the hearing evidence
4595on, and address in the recommended order any changes to or
4596approvals or variances under, the applicable land use plans or
4597zoning ordinances which will render the proposed site or
4598nonexempt associated facility consistent and in compliance with
4599the local land use plans and zoning ordinances.
4600     (d)  The designated administrative law judge's recommended
4601order shall be issued within 30 days after completion of the
4602hearing and shall be reviewed by the board within 60 days after
4603receipt of the recommended order by the board.
4604     (e)  If it is determined by the board that the proposed
4605site or nonexempt associated facility does conform with existing
4606land use plans and zoning ordinances in effect as of the date of
4607the application, or as otherwise provided by this act, the
4608responsible zoning or planning authority shall not thereafter
4609change such land use plans or zoning ordinances so as to
4610foreclose construction and operation of the proposed electrical
4611power plant on the proposed site or directly associated
4612facilities unless certification is subsequently denied or
4613withdrawn.
4614     (f)  If it is determined by the board that the proposed
4615site or nonexempt associated facility does not conform with
4616existing land use plans and zoning ordinances, the board may, if
4617it determines after notice and hearing and upon consideration of
4618the recommended order on land use and zoning issues that it is
4619in the public interest to authorize the use of the land as a
4620site for a site or associated facility an electrical power
4621plant, authorize a variance or other necessary approval to the
4622adopted land use plan and zoning ordinances required to render
4623the proposed site or associated facility consistent with local
4624land use plans and zoning ordinances. The board's action shall
4625not be controlled by any other procedural requirements of law.
4626In the event a variance or other approval is denied by the
4627board, it shall be the responsibility of the applicant to make
4628the necessary application for any approvals determined by the
4629board as required to make the proposed site or associated
4630facility consistent and in compliance with local land use plans
4631and zoning ordinances. No further action may be taken on the
4632complete application until the proposed site or associated
4633facility conforms to the adopted land use plan or zoning
4634ordinances or the board grants relief as provided under this
4635act.
4636     (2)(a)  A certification hearing shall be held by the
4637designated administrative law judge no later than 265 days after
4638the application is filed with the department. The certification
4639hearing shall be held at a location in proximity to the proposed
4640site. At the conclusion of the certification hearing, the
4641designated administrative law judge shall, after consideration
4642of all evidence of record, submit to the board a recommended
4643order no later than 45 days after the filing of the hearing
4644transcript.
4645     (3)
4646     (f)  Any agency, including those whose properties or works
4647are being affected pursuant to s. 403.509(5)(4), shall be made a
4648party upon the request of the department or the applicant.
4649     Section 76.  Subsection (3) of section 403.509, Florida
4650Statutes, is amended, subsection (4) is renumbered as subsection
4651(5), a new subsection (4) is added to that section, and
4652subsection (5) is renumbered as subsection (6) and amended, to
4653read:
4654     403.509  Final disposition of application.--
4655     (3)  In determining whether an application should be
4656approved in whole, approved with modifications or conditions, or
4657denied, the board, or secretary when applicable, shall consider
4658whether, and the extent to which, the location, construction,
4659and operation of the electrical power plant and directly
4660associated facilities and their construction and operation will:
4661     (a)  Provide reasonable assurance that operational
4662safeguards are technically sufficient for the public welfare and
4663protection.
4664     (b)  Comply with applicable nonprocedural requirements of
4665agencies.
4666     (c)  Be consistent with applicable local government
4667comprehensive plans and land development regulations.
4668     (d)  Meet the electrical energy needs of the state in an
4669orderly, reliable, and timely fashion.
4670     (e)  Effect a reasonable balance between the need for the
4671facility as established pursuant to s. 403.519 and the impacts
4672upon air and water quality, fish and wildlife, water resources,
4673and other natural resources of the state resulting from the
4674construction and operation of the facility.
4675     (f)  Minimize, through the use of reasonable and available
4676methods, the adverse effects on human health, the environment,
4677and the ecology of the land and its wildlife and the ecology of
4678state waters and their aquatic life.
4679     (g)  Serve and protect the broad interests of the public.
4680     (4)(a)  Any transmission line corridor certified by the
4681board, or secretary if applicable, shall meet the criteria of
4682this section. When more than one transmission line corridor is
4683proper for certification under s. 403.503(11) and meets the
4684criteria of this section, the board, or secretary if applicable,
4685shall certify the transmission line corridor that has the least
4686adverse impact regarding the criteria in subsection (3),
4687including costs.
4688     (b)  If the board, or secretary if applicable, finds that
4689an alternate corridor rejected pursuant to s. 403.5271 as
4690incorporated by reference in s. 403.5064(1)(b) meets the
4691criteria of subsection (3) and has the least adverse impact
4692regarding the criteria in subsection (3), the board, or
4693secretary if applicable, shall deny certification or shall allow
4694the applicant to submit an amended application to include the
4695corridor.
4696     (c)  If the board, or secretary if applicable, finds that
4697two or more of the corridors that comply with subsection (3)
4698have the least adverse impacts regarding the criteria in
4699subsection (3), including costs, and that the corridors are
4700substantially equal in adverse impacts regarding the criteria in
4701subsection (3), including costs, the board, or secretary if
4702applicable, shall certify the corridor preferred by the
4703applicant if the corridor is one proper for certification under
4704s. 403.503(11).
4705     (6)(5)  For certifications issued by the board in regard to
4706the properties and works of any agency which is a party to the
4707certification hearing, the board shall have the authority to
4708decide issues relating to the use, the connection thereto, or
4709the crossing thereof, for the electrical power plant and
4710directly associated facilities and to direct any such agency to
4711execute, within 30 days after the entry of certification, the
4712necessary license or easement for such use, connection, or
4713crossing, subject only to the conditions set forth in such
4714certification. For certifications issued by the department in
4715regard to the properties and works of any agency that is a party
4716to the proceeding, any stipulation filed pursuant to s.
4717403.508(6)(a) must include a stipulation regarding any issues
4718relating to the use, the connection thereto, or the crossing
4719thereof, for the electrical power plant. Any agency stipulating
4720to the use of, connection to, or crossing of its property must
4721agree to execute, within 30 days after the entry of
4722certification, the necessary license or easement for such use,
4723connection, or crossing, subject only to the conditions set
4724forth in such certification.
4725     Section 77.  Subsections (1) and (6) of section 403.511,
4726Florida Statutes, are amended to read:
4727     403.511  Effect of certification.--
4728     (1)  Subject to the conditions set forth therein, any
4729certification shall constitute the sole license of the state and
4730any agency as to the approval of the location of the site and
4731any associated facility and the construction and operation of
4732the proposed electrical power plant, except for the issuance of
4733department licenses required under any federally delegated or
4734approved permit program and except as otherwise provided in
4735subsection (4).
4736     (6)  No term or condition of an electrical power plant a
4737site certification shall be interpreted to supersede or control
4738the provisions of a final operation permit for a major source of
4739air pollution issued by the department pursuant to s. 403.0872
4740to a facility certified under this part.
4741     Section 78.  Subsection (1) of section 403.5112, Florida
4742Statutes, is amended to read:
4743     403.5112  Filing of notice of certified corridor route.--
4744     (1)  Within 60 days after certification of an a directly
4745associated linear facility pursuant to this act, the applicant
4746shall file, in accordance with s. 28.222, with the department
4747and the clerk of the circuit court for each county through which
4748the corridor will pass, a notice of the certified route.
4749     Section 79.  Section 403.5113, Florida Statutes, is amended
4750to read:
4751     403.5113  Postcertification amendments and review.--
4752     (1)  POSTCERTIFICATION AMENDMENTS.--
4753     (a)  If, subsequent to certification by the board, a
4754licensee proposes any material change to the application and
4755revisions or amendments thereto, as certified, the licensee
4756shall submit a written request for amendment and a description
4757of the proposed change to the application to the department.
4758Within 30 days after the receipt of the request for the
4759amendment, the department shall determine whether the proposed
4760change to the application requires a modification of the
4761conditions of certification.
4762     (b)(2)  If the department concludes that the change would
4763not require a modification of the conditions of certification,
4764the department shall provide written notification of the
4765approval of the proposed amendment to the licensee, all
4766agencies, and all other parties.
4767     (c)(3)  If the department concludes that the change would
4768require a modification of the conditions of certification, the
4769department shall provide written notification to the licensee
4770that the proposed change to the application requires a request
4771for modification pursuant to s. 403.516.
4772     (2)(4)  POSTCERTIFICATION REVIEW.--Postcertification
4773submittals filed by the licensee with one or more agencies are
4774for the purpose of monitoring for compliance with the issued
4775certification and must be reviewed by the agencies on an
4776expedited and priority basis because each facility certified
4777under this act is a critical infrastructure facility. In no
4778event shall a postcertification review be completed in more than
477990 days after complete information is submitted to the reviewing
4780agencies.
4781     Section 80.  Section 403.5115, Florida Statutes, is amended
4782to read:
4783     403.5115  Public notice.--
4784     (1)  The following notices are to be published by the
4785applicant for all applications:
4786     (a)  Notice of the filing of a notice of intent under s.
4787403.5063, which shall be published within 21 days after the
4788filing of the notice. The notice shall be published as specified
4789by subsection (2), except that the newspaper notice shall be
4790one-fourth page in size in a standard size newspaper or one-half
4791page in size in a tabloid size newspaper.
4792     (b)  Notice of filing of the application, which shall
4793include a description of the proceedings required by this act,
4794within 21 days after the date of the application filing. Such
4795notice shall give notice of the provisions of s. 403.511(1) and
4796(2).
4797     (c)  If applicable, notice of the land use determination
4798made pursuant to s. 403.50665(2)(1) within 21 days after the
4799deadline for the filing of the determination is filed.
4800     (d)  If applicable, notice of the land use hearing, which
4801shall be published as specified in subsection (2), no later than
480215 days before the hearing.
4803     (e)  Notice of the certification hearing and notice of the
4804deadline for filing notice of intent to be a party, which shall
4805be published as specified in subsection (2), at least 65 days
4806before the date set for the certification hearing. If one or
4807more alternate corridors have been accepted for consideration,
4808the notice of the certification hearing shall include a map of
4809all corridors proposed for certification.
4810     (f)  Notice of revised deadline for filing alternate
4811corridors if the certification hearing is rescheduled to a date
4812other than as published in the notice of filing of the
4813application. This notice shall be published at least 185 days
4814before the rescheduled certification hearing and as specified in
4815subsection (2), except no map is required and the size of the
4816notice shall be no smaller than 6 square inches.
4817     (g)(f)  Notice of the cancellation of the certification
4818hearing, if applicable, no later than 3 days before the date of
4819the originally scheduled certification hearing. The newspaper
4820notice shall be one-fourth page in size in a standard-size
4821newspaper or one-half page in size in a tabloid-size newspaper.
4822     (h)(g)  Notice of modification when required by the
4823department, based on whether the requested modification of
4824certification will significantly increase impacts to the
4825environment or the public. Such notice shall be published as
4826specified under subsection (2):
4827     1.  Within 21 days after receipt of a request for
4828modification. The newspaper notice shall be of a size as
4829directed by the department commensurate with the scope of the
4830modification.
4831     2.  If a hearing is to be conducted in response to the
4832request for modification, then notice shall be published no
4833later than 30 days before the hearing.
4834     (h)  Notice of a supplemental application, which shall be
4835published as specified in paragraph (b) and subsection (2).
4836     (i)  Notice of existing site certification pursuant to s.
4837403.5175. Notices shall be published as specified in paragraph
4838(b) and subsection (2).
4839     (2)  Notices provided by the applicant shall be published
4840in newspapers of general circulation within the county or
4841counties in which the proposed electrical power plant will be
4842located. The newspaper notices, unless otherwise specified,  
4843shall be at least one-half page in size in a standard size
4844newspaper or a full page in a tabloid size newspaper. These
4845notices shall include a map generally depicting the project and
4846all associated facilities corridors. A newspaper of general
4847circulation shall be the newspaper which has the largest daily
4848circulation in that county and has its principal office in that
4849county. If the newspaper with the largest daily circulation has
4850its principal office outside the county, the notices shall
4851appear in both the newspaper having the largest circulation in
4852that county and in a newspaper authorized to publish legal
4853notices in that county.
4854     (3)  All notices published by the applicant shall be paid
4855for by the applicant and shall be in addition to the application
4856fee.
4857     (4)  The department shall arrange for publication of the
4858following notices in the manner specified by chapter 120 and
4859provide copies of those notices to any persons who have
4860requested to be placed on the departmental mailing list for this
4861purpose:
4862     (a)  Notice of the filing of the notice of intent within 15
4863days after receipt of the notice.
4864     (b)  Notice of the filing of the application, no later than
486521 days after the application filing.
4866     (c)  Notice of the land use determination made pursuant to
4867s. 403.50665(2)(1) within 21 days after the determination is
4868filed.
4869     (d)  Notice of the land use hearing before the
4870administrative law judge, if applicable, no later than 15 days
4871before the hearing.
4872     (e)  Notice of the land use hearing before the board, if
4873applicable.
4874     (f)  Notice of the certification hearing at least 45 days
4875before the date set for the certification hearing.
4876     (g)  Notice of the revised deadline for filing alternate
4877corridors if the certification hearing is rescheduled to a date
4878other than as published in the notice of filing of the
4879application. This notice shall be published at least 185 days
4880before the rescheduled certification hearing.
4881     (h)(g)  Notice of the cancellation of the certification
4882hearing, if applicable, no later than 3 days prior to the date
4883of the originally scheduled certification hearing.
4884     (i)(h)  Notice of the hearing before the board, if
4885applicable.
4886     (j)(i)  Notice of stipulations, proposed agency action, or
4887petitions for modification.
4888     (5)  A local government or regional planning council that
4889proposes to conduct an informational public meeting pursuant to
4890s. 403.50663 must publish notice of the meeting in a newspaper
4891of general circulation within the county or counties in which
4892the proposed electrical power plant will be located no later
4893than 7 days prior to the meeting. A newspaper of general
4894circulation shall be the newspaper that has the largest daily
4895circulation in that county and has its principal office in that
4896county. If the newspaper with the largest daily circulation has
4897its principal office outside the county, the notices shall
4898appear in both the newspaper having the largest circulation in
4899that county and in a newspaper authorized to publish legal
4900notices in that county.
4901     (6)(a)  A good faith effort shall be made by the applicant
4902to provide direct written notice of the filing of an application
4903for certification by United States mail or hand delivery no
4904later than 45 days after filing of the application to all local
4905landowners whose property, as noted in the most recent local
4906government tax records, and residences are located within the
4907following distances of the proposed project:
4908     1.  Three miles of the proposed main site boundaries of the
4909proposed electrical power plant.
4910     2.  One-quarter mile for a transmission line corridor that
4911only includes a transmission line as defined by s. 403.522(22).
4912     3.  One-quarter mile for all other linear associated
4913facilities extending away from the main site boundary except for
4914a transmission line corridor that includes a transmission line
4915that operates below those defined by s. 403.522(22).
4916     (b)  No later than 60 days from the filing of an
4917application for certification, the applicant shall file a list
4918with the department's Siting Coordination Office of landowners
4919and residences that were notified.
4920     (7)(a)  A good faith effort shall be made by the proponent
4921of an alternate corridor that includes a transmission line, as
4922defined by s. 403.522(22), to provide direct written notice of
4923the filing of an alternate corridor for certification by United
4924States mail or hand delivery of the filing of no later than 30
4925days after filing of the alternate corridor to all local
4926landowners whose property, as noted in the most recent local
4927government tax records, and residences, are located within one-
4928quarter mile of the proposed boundaries of a transmission line
4929corridor that includes a transmission line as defined by s.
4930403.522(22).
4931     (b)  No later than 45 days from the filing of an alternate
4932corridor for certification, the proponent of an alternate
4933corridor shall file a list with the department's Siting
4934Coordination Office of landowners and residences that were
4935notified.
4936     Section 81.  Paragraph (b) of subsection (1) of section
4937403.516, Florida Statutes, is amended to read:
4938     403.516  Modification of certification.--
4939     (1)  A certification may be modified after issuance in any
4940one of the following ways:
4941     (b)1.  The department may modify specific conditions of a
4942site certification which are inconsistent with the terms of any
4943federally delegated or approved permit for the certified
4944electrical power plant.
4945     2.  Such modification may be made without further notice if
4946the matter has been previously noticed under the requirements
4947for any federally delegated or approved permit program.
4948     Section 82.  Paragraphs (a) and (c) of subsection (1) of
4949section 403.517, Florida Statutes, are amended to read:
4950     403.517  Supplemental applications for sites certified for
4951ultimate site capacity.--
4952     (1)(a)  Supplemental applications may be submitted for
4953certification of the construction and operation of electrical
4954power plants to be located at sites which have been previously
4955certified for an ultimate site capacity pursuant to this act.
4956Supplemental applications shall be limited to electrical power
4957plants using the fuel type previously certified for that site.
4958Such applications shall include all new directly associated
4959facilities that support the construction and operation of the
4960electrical power plant.
4961     (c)  The time limits for the processing of a complete
4962supplemental application shall be designated by the department
4963commensurate with the scope of the supplemental application, but
4964shall not exceed any time limitation governing the review of
4965initial applications for site certification pursuant to this
4966act, it being the legislative intent to provide shorter time
4967limitations for the processing of supplemental applications for
4968electrical power plants to be constructed and operated at sites
4969which have been previously certified for an ultimate site
4970capacity.
4971     Section 83.  Subsections (1), (2), and (3) of section
4972403.5175, Florida Statutes, are amended to read:
4973     403.5175  Existing electrical power plant site
4974certification.--
4975     (1)  An electric utility that owns or operates an existing
4976electrical power plant as defined in s. 403.503(14)(13) may
4977apply for certification of an existing power plant and its site
4978in order to obtain all agency licenses necessary to ensure
4979compliance with federal or state environmental laws and
4980regulation using the centrally coordinated, one-stop licensing
4981process established by this part. An application for site
4982certification under this section must be in the form prescribed
4983by department rule. Applications must be reviewed and processed
4984using the same procedural steps and notices as for an
4985application for a new facility, except that a determination of
4986need by the Public Service Commission is not required.
4987     (2)  An application for certification under this section
4988must include:
4989     (a)  A description of the site and existing power plant
4990installations and associated facilities;
4991     (b)  A description of all proposed changes or alterations
4992to the site and or electrical power plant, including all new
4993associated facilities that are the subject of the application;
4994     (c)  A description of the environmental and other impacts
4995caused by the existing utilization of the site and directly
4996associated facilities, and the operation of the electrical power
4997plant that is the subject of the application, and of the
4998environmental and other benefits, if any, to be realized as a
4999result of the proposed changes or alterations if certification
5000is approved and such other information as is necessary for the
5001reviewing agencies to evaluate the proposed changes and the
5002expected impacts;
5003     (d)  The justification for the proposed changes or
5004alterations;
5005     (e)  Copies of all existing permits, licenses, and
5006compliance plans authorizing utilization of the site and
5007directly associated facilities or operation of the electrical
5008power plant that is the subject of the application.
5009     (3)  The land use and zoning determination requirements of
5010s. 403.50665 do not apply to an application under this section
5011if the applicant does not propose to expand the boundaries of
5012the existing site or to add additional offsite associated
5013facilities that are not exempt from the provisions of s.
5014403.50665. If the applicant proposes to expand the boundaries of
5015the existing site or to add additional offsite associated
5016facilities that are not exempt from the provisions of s.
5017403.50665 to accommodate portions of the electrical generating
5018facility plant or associated facilities, a land use and zoning
5019determination shall be made as specified in s. 403.50665;
5020provided, however, that the sole issue for determination is
5021whether the proposed site expansion or additional nonexempt
5022associated facilities are is consistent and in compliance with
5023the existing land use plans and zoning ordinances.
5024     Section 84.  Section 403.518, Florida Statutes, is amended
5025to read:
5026     403.518  Fees; disposition.--The department shall charge
5027the applicant the following fees, as appropriate, which, unless
5028otherwise specified, shall be paid into the Florida Permit Fee
5029Trust Fund:
5030     (1)  A fee for a notice of intent pursuant to s. 403.5063,
5031in the amount of $2,500, to be submitted to the department at
5032the time of filing of a notice of intent. The notice-of-intent
5033fee shall be used and disbursed in the same manner as the
5034application fee.
5035     (2)  An application fee, which shall not exceed $200,000.
5036The fee shall be fixed by rule on a sliding scale related to the
5037size, type, ultimate site capacity, or increase in electrical
5038generating capacity proposed by the application.
5039     (a)  Sixty percent of the fee shall go to the department to
5040cover any costs associated with coordinating the review and
5041acting upon the application, to cover any field services
5042associated with monitoring construction and operation of the
5043facility, and to cover the costs of the public notices published
5044by the department.
5045     (b)  The following percentages shall be transferred to the
5046Operating Trust Fund of the Division of Administrative Hearings
5047of the Department of Management Services:
5048     1.  Five percent to compensate expenses from the initial
5049exercise of duties associated with the filing of an application.
5050     2.  An additional 5 percent if a land use hearing is held
5051pursuant to s. 403.508.
5052     3.  An additional 10 percent if a certification hearing is
5053held pursuant to s. 403.508.
5054     (c)1.  Upon written request with proper itemized accounting
5055within 90 days after final agency action by the board or
5056department or withdrawal of the application, the agencies that
5057prepared reports pursuant to s. 403.507 or participated in a
5058hearing pursuant to s. 403.508 may submit a written request to
5059the department for reimbursement of expenses incurred during the
5060certification proceedings. The request shall contain an
5061accounting of expenses incurred which may include time spent
5062reviewing the application, preparation of any studies required
5063of the agencies by this act, agency travel and per diem to
5064attend any hearing held pursuant to this act, and for any agency
5065or local government's or regional planning council's provision
5066of notice of public meetings or hearings required as a result of
5067the application for certification. The department shall review
5068the request and verify that the expenses are valid. Valid
5069expenses shall be reimbursed; however, in the event the amount
5070of funds available for reimbursement is insufficient to provide
5071for full compensation to the agencies requesting reimbursement,
5072reimbursement shall be on a prorated basis.
5073     2.  If the application review is held in abeyance for more
5074than 1 year, the agencies may submit a request for
5075reimbursement. This time period shall be measured from the date
5076the applicant has provided written notification to the
5077department that it desires to have the application review
5078process placed on hold. The fee disbursement shall be processed
5079in accordance with subparagraph 1.
5080     (d)  If any sums are remaining, the department shall retain
5081them for its use in the same manner as is otherwise authorized
5082by this act; provided, however, that if the certification
5083application is withdrawn, the remaining sums shall be refunded
5084to the applicant within 90 days after the submittal of the
5085written notification of withdrawal.
5086     (3)(a)  A certification modification fee, which shall not
5087exceed $30,000. The department shall establish rules for
5088determining such a fee based on the number of agencies involved
5089in the review, equipment redesign, change in site size, type,
5090increase in generating capacity proposed, or change in an
5091associated linear facility location.
5092     (b)  The fee shall be submitted to the department with a
5093petition for modification pursuant to s. 403.516. This fee shall
5094be established, disbursed, and processed in the same manner as
5095the application fee in subsection (2), except that the Division
5096of Administrative Hearings shall not receive a portion of the
5097fee unless the petition for certification modification is
5098referred to the Division of Administrative Hearings for hearing.
5099If the petition is so referred, only $10,000 of the fee shall be
5100transferred to the Operating Trust Fund of the Division of
5101Administrative Hearings of the Department of Management
5102Services.
5103     (4)  A supplemental application fee, not to exceed $75,000,
5104to cover all reasonable expenses and costs of the review,
5105processing, and proceedings of a supplemental application. This
5106fee shall be established, disbursed, and processed in the same
5107manner as the certification application fee in subsection (2).
5108     (5)  An existing site certification application fee, not to
5109exceed $200,000, to cover all reasonable costs and expenses of
5110the review processing and proceedings for certification of an
5111existing power plant site under s. 403.5175. This fee must be
5112established, disbursed, and processed in the same manner as the
5113certification application fee in subsection (2).
5114     (6)  An application fee for an alternate corridor filed
5115pursuant to s. 403.5064(4). The application fee shall be $750
5116per mile for each mile of the alternate corridor located within
5117an existing electric transmission line right-of-way or within an
5118existing right-of-way for a road, highway, railroad, or other
5119aboveground linear facility, or $1,000 per mile for each mile of
5120an electric transmission line corridor proposed to be located
5121outside the existing right-of-way.
5122     Section 85.  Paragraphs (a) and (e) of subsection (4) of
5123section 403.519, Florida Statutes, are amended to read:
5124     403.519  Exclusive forum for determination of need.--
5125     (4)  In making its determination on a proposed electrical
5126power plant using nuclear materials or synthesis gas produced by
5127integrated gasification combined cycle power plant as fuel, the
5128commission shall hold a hearing within 90 days after the filing
5129of the petition to determine need and shall issue an order
5130granting or denying the petition within 135 days after the date
5131of the filing of the petition. The commission shall be the sole
5132forum for the determination of this matter and the issues
5133addressed in the petition, which accordingly shall not be
5134reviewed in any other forum, or in the review of proceedings in
5135such other forum. In making its determination to either grant or
5136deny the petition, the commission shall consider the need for
5137electric system reliability and integrity, including fuel
5138diversity, the need for base-load generating capacity, the need
5139for adequate electricity at a reasonable cost, and whether
5140renewable energy sources and technologies, as well as
5141conservation measures, are utilized to the extent reasonably
5142available.
5143     (a)  The applicant's petition shall include:
5144     1.  A description of the need for the generation capacity.
5145     2.  A description of how the proposed nuclear or integrated
5146gasification combined cycle power plant will enhance the
5147reliability of electric power production within the state by
5148improving the balance of power plant fuel diversity and reducing
5149Florida's dependence on fuel oil and natural gas.
5150     3.  A description of and a nonbinding estimate of the cost
5151of the nuclear or integrated gasification combined cycle power
5152plant, including any costs associated with new, expanded, or
5153relocated electrical transmission lines or facilities of any
5154size that are necessary to serve the nuclear power plant.
5155     4.  The annualized base revenue requirement for the first
515612 months of operation of the nuclear or integrated gasification
5157combined cycle power plant.
5158     5.  Information on whether there were any discussions with
5159any electric utilities regarding ownership of a portion of the
5160nuclear or integrated gasification combined cycle power plant by
5161such electric utilities.
5162     (e)  After a petition for determination of need for a
5163nuclear or integrated gasification combined cycle power plant
5164has been granted, the right of a utility to recover any costs
5165incurred prior to commercial operation, including, but not
5166limited to, costs associated with the siting, design, licensing,
5167or construction of the plant and new, expanded, or relocated
5168electrical transmission lines or facilities of any size that are
5169necessary to serve the nuclear power plant, shall not be subject
5170to challenge unless and only to the extent the commission finds,
5171based on a preponderance of the evidence adduced at a hearing
5172before the commission under s. 120.57, that certain costs were
5173imprudently incurred. Proceeding with the construction of the
5174nuclear or integrated gasification combined cycle power plant
5175following an order by the commission approving the need for the
5176nuclear or integrated gasification combined cycle power plant
5177under this act shall not constitute or be evidence of
5178imprudence. Imprudence shall not include any cost increases due
5179to events beyond the utility's control. Further, a utility's
5180right to recover costs associated with a nuclear or integrated
5181gasification combined cycle power plant may not be raised in any
5182other forum or in the review of proceedings in such other forum.
5183Costs incurred prior to commercial operation shall be recovered
5184pursuant to chapter 366.
5185     Section 86.  Subsection (1) of section 403.5252, Florida
5186Statutes, is amended to read:
5187     403.5252  Determination of completeness.--
5188     (1)(a)  Within 30 days after the filing distribution of an
5189application, the affected agencies shall file a statement with
5190the department containing the recommendations of each agency
5191concerning the completeness of the application for
5192certification.
5193     (b)  Within 37 7 days after the filing receipt of the
5194application completeness statements of each agency, the
5195department shall file a statement with the Division of
5196Administrative Hearings, with the applicant, and with all
5197parties declaring its position with regard to the completeness
5198of the application. The statement of the department shall be
5199based upon its consultation with the affected agencies.
5200     Section 87.  Subsection (1) and paragraph (a) of subsection
5201(2) of section 403.526, Florida Statutes, are amended to read:
5202     403.526  Preliminary statements of issues, reports, and
5203project analyses; studies.--
5204     (1)  Each affected agency that is required to file a report
5205in accordance with this section shall submit a preliminary
5206statement of issues to the department and all parties no later
5207than the submittal of each agency's recommendation that the
5208application is complete 50 days after the filing of the
5209application. Such statements of issues shall be made available
5210to each local government for use as information for public
5211meetings held under s. 403.5272. The failure to raise an issue
5212in this preliminary statement of issues does not preclude the
5213issue from being raised in the agency's report.
5214     (2)(a)  No later than 90 days after the filing of the
5215application, the following agencies shall prepare reports as
5216provided below, unless a final order denying the determination
5217of need has been issued under s. 403.537 and shall submit them
5218to the department and the applicant no later than 90 days after
5219the filing of the application:
5220     1.  The department shall prepare a report as to the impact
5221of each proposed transmission line or corridor as it relates to
5222matters within its jurisdiction.
5223     2.  Each water management district in the jurisdiction of
5224which a proposed transmission line or corridor is to be located
5225shall prepare a report as to the impact on water resources and
5226other matters within its jurisdiction.
5227     3.  The Department of Community Affairs shall prepare a
5228report containing recommendations which address the impact upon
5229the public of the proposed transmission line or corridor, based
5230on the degree to which the proposed transmission line or
5231corridor is consistent with the applicable portions of the state
5232comprehensive plan, emergency management, and other matters
5233within its jurisdiction. The Department of Community Affairs may
5234also comment on the consistency of the proposed transmission
5235line or corridor with applicable strategic regional policy plans
5236or local comprehensive plans and land development regulations.
5237     4.  The Fish and Wildlife Conservation Commission shall
5238prepare a report as to the impact of each proposed transmission
5239line or corridor on fish and wildlife resources and other
5240matters within its jurisdiction.
5241     5.  Each local government shall prepare a report as to the
5242impact of each proposed transmission line or corridor on matters
5243within its jurisdiction, including the consistency of the
5244proposed transmission line or corridor with all applicable local
5245ordinances, regulations, standards, or criteria that apply to
5246the proposed transmission line or corridor, including local
5247comprehensive plans, zoning regulations, land development
5248regulations, and any applicable local environmental regulations
5249adopted pursuant to s. 403.182 or by other means. A change by
5250the responsible local government or local agency in local
5251comprehensive plans, zoning ordinances, or other regulations
5252made after the date required for the filing of the local
5253government's report required by this section is not applicable
5254to the certification of the proposed transmission line or
5255corridor unless the certification is denied or the application
5256is withdrawn.
5257     6.  Each regional planning council shall present a report
5258containing recommendations that address the impact upon the
5259public of the proposed transmission line or corridor based on
5260the degree to which the transmission line or corridor is
5261consistent with the applicable provisions of the strategic
5262regional policy plan adopted under chapter 186 and other impacts
5263of each proposed transmission line or corridor on matters within
5264its jurisdiction.
5265     7.  The Department of Transportation shall prepare a report
5266as to the impact of the proposed transmission line or corridor
5267on state roads, railroads, airports, aeronautics, seaports, and
5268other matters within its jurisdiction.
5269     8.  The commission shall prepare a report containing its
5270determination under s. 403.537, and the report may include the
5271comments from the commission with respect to any other subject
5272within its jurisdiction.
5273     9.  Any other agency, if requested by the department, shall
5274also perform studies or prepare reports as to subjects within
5275the jurisdiction of the agency which may potentially be affected
5276by the proposed transmission line.
5277     Section 88.  Subsection (4) and paragraph (a) of subsection
5278(6) of section 403.527, Florida Statutes, are amended to read:
5279     403.527  Certification hearing, parties, participants.--
5280     (4)(a)  One public hearing where members of the public who
5281are not parties to the certification hearing may testify shall
5282be held in conjunction with the certification hearing within the
5283boundaries of each county, at the option of any local
5284government.
5285     (b)  Upon the request of the local government, one public
5286hearing where members of the public who are not parties to the
5287certification hearing and who reside within the jurisdiction of
5288the local government may testify shall be held within the
5289boundaries of each county in which a local government that made
5290such a request is located.
5291     (c)(a)  A local government shall notify the administrative
5292law judge and all parties not later than 50 21 days after the
5293filing of the application has been determined complete as to
5294whether the local government wishes to have a public hearing
5295within the boundaries of its county. If a filing for an
5296alternate corridor is accepted for consideration under s.
5297403.5271(1) by the department and the applicant, any newly
5298affected local government must notify the administrative law
5299judge and all parties not later than 10 days after the data
5300concerning the alternate corridor has been determined complete
5301as to whether the local government wishes to have such a public
5302hearing. The local government is responsible for providing the
5303location of the public hearing if held separately from the
5304certification hearing.
5305     (d)(b)  Within 5 days after notification, the
5306administrative law judge shall determine the date of the public
5307hearing, which shall be held before or during the certification
5308hearing. If two or more local governments within one county
5309request a public hearing, the hearing shall be consolidated so
5310that only one public hearing is held in any county. The location
5311of a consolidated hearing shall be determined by the
5312administrative law judge.
5313     (e)(c)  If a local government does not request a public
5314hearing within 50 21 days after the filing of the application
5315has been determined complete, members of the public who are not
5316parties to the certification hearing and who reside persons
5317residing within the jurisdiction of the local government may
5318testify during the that portion of the certification hearing
5319held under paragraph (b) at which public testimony is heard.
5320     (6)(a)  No later than 29 25 days before the certification
5321hearing, the department or the applicant may request that the
5322administrative law judge cancel the certification hearing and
5323relinquish jurisdiction to the department if all parties to the
5324proceeding stipulate that there are no disputed issues of
5325material fact or law to be raised at the certification hearing.
5326     Section 89.  Paragraphs (b), (c), and (e) of subsection (1)
5327of section 403.5271, Florida Statutes, are amended to read:
5328     403.5271  Alternate corridors.--
5329     (1)  No later than 45 days before the originally scheduled
5330certification hearing, any party may propose alternate
5331transmission line corridor routes for consideration under the
5332provisions of this act.
5333     (b)1.  Within 7 days after receipt of the notice, the
5334applicant and the department shall file with the administrative
5335law judge and all parties a notice of acceptance or rejection of
5336a proposed alternate corridor for consideration. If the
5337alternate corridor is rejected by the applicant or the
5338department, the certification hearing and the public hearings
5339shall be held as scheduled. If both the applicant and the
5340department accept a proposed alternate corridor for
5341consideration, the certification hearing and the public hearings
5342shall be rescheduled, if necessary. If a filing for an alternate
5343corridor is accepted for consideration by the department and the
5344applicant, any newly affected local government must notify the
5345administrative law judge and all parties not later than 10 days
5346after the data concerning the alternate corridor has been
5347determined complete as to whether the local government wishes to
5348have such a public hearing. The local government is responsible
5349for providing the location of the public hearing if held
5350separately from the certification hearing. The provisions of s.
5351403.527(4)(b) and (c) shall apply. Notice of the local hearings
5352shall be published in accordance with s. 403.5363.
5353     2.  If rescheduled, the certification hearing shall be held
5354no more than 90 days after the previously scheduled
5355certification hearing, unless the data submitted under paragraph
5356(d) is determined to be incomplete, in which case the
5357rescheduled certification hearing shall be held no more than 105
5358days after the previously scheduled certification hearing. If
5359additional time is needed due to the alternate corridor crossing
5360a local government jurisdiction that was not previously
5361affected, the remainder of the schedule listed below shall be
5362appropriately adjusted by the administrative law judge to allow
5363that local government to prepare a report pursuant to s.
5364403.526(2)(a)5. Notice that the certification hearing has been
5365deferred due to the acceptance of the alternate corridor shall
5366be published in accordance with s. 403.5363.
5367     (c)  Notice of the filing of the alternate corridor, of the
5368revised time schedules, of the deadline for newly affected
5369persons and agencies to file notice of intent to become a party,
5370of the rescheduled hearing date, and of the proceedings shall be
5371published by the alternate proponent in accordance with s.
5372403.5363(2). If the notice is not timely published or does not
5373meet the notice requirements, the alternate shall be deemed
5374withdrawn.
5375     (e)1.  Reviewing agencies shall advise the department of
5376any issues concerning completeness no later than 15 days after
5377the submittal of the data required by paragraph (d). Within 22
5378days after receipt of the data, the department shall issue a
5379determination of completeness.
5380     2.  If the department determines that the data required by
5381paragraph (d) is not complete, the party proposing the alternate
5382corridor must file such additional data to correct the
5383incompleteness. This additional data must be submitted within 14
5384days after the determination by the department.
5385     3.  Reviewing agencies may advise the department of any
5386issues concerning completeness of the additional data within 10
5387days after the filing by the party proposing the alternate
5388corridor. If the department, within 14 days after receiving the
5389additional data, determines that the data remains incomplete,
5390the incompleteness of the data is deemed a withdrawal of the
5391proposed alternate corridor. The department may make its
5392determination based on recommendations made by other affected
5393agencies.
5394     Section 90.  Subsection (3) of section 403.5272, Florida
5395Statutes, is amended to read:
5396     403.5272  Informational public meetings.--
5397     (3)  A local government or regional planning council that
5398intends to conduct an informational public meeting must provide
5399notice of the meeting, with notice sent to all parties listed in
5400s. 403.527(2)(a), not less than 15 5 days before the meeting and
5401to the general public in accordance with s. 403.5363(4).
5402     Section 91.  Subsection (1) of section 403.5312, Florida
5403Statutes, is amended to read:
5404     403.5312  Filing of notice of certified corridor route.--
5405     (1)  Within 60 days after certification of a directly
5406associated transmission line under ss. 403.501-403.518 or a
5407transmission line corridor under ss. 403.52-403.5365, the
5408applicant shall file with the department and, in accordance with
5409s. 28.222, with the clerk of the circuit court for each county
5410through which the corridor will pass, a notice of the certified
5411route.
5412     Section 92.  Section 403.5363, Florida Statutes, is amended
5413to read:
5414     403.5363  Public notices; requirements.--
5415     (1)(a)  The applicant shall arrange for the publication of
5416the notices specified in paragraph (b).
5417     1.  The notices shall be published in newspapers of general
5418circulation within counties crossed by the transmission line
5419corridors proper for certification. The required newspaper
5420notices for filing of an application and for the certification
5421hearing shall be one-half page in size in a standard-size
5422newspaper or a full page in a tabloid-size newspaper and
5423published in a section of the newspaper other than the section
5424for legal notices. These two notices must include a map
5425generally depicting all transmission corridors proper for
5426certification. A newspaper of general circulation shall be the
5427newspaper within a county crossed by a transmission line
5428corridor proper for certification which newspaper has the
5429largest daily circulation in that county and has its principal
5430office in that county. If the newspaper having the largest daily
5431circulation has its principal office outside the county, the
5432notices must appear in both the newspaper having the largest
5433circulation in that county and in a newspaper authorized to
5434publish legal notices in that county.
5435     2.  The department shall adopt rules specifying the content
5436of the newspaper notices.
5437     3.  All notices published by the applicant shall be paid
5438for by the applicant and shall be in addition to the application
5439fee.
5440     (b)  Public notices that must be published under this
5441section include:
5442     1.  The notice of the filing of an application, which must
5443include a description of the proceedings required by this act.
5444The notice must describe the provisions of s. 403.531(1) and (2)
5445and give the date by which notice of intent to be a party or a
5446petition to intervene in accordance with s. 403.527(2) must be
5447filed. This notice must be published no more than 21 days after
5448the application is filed. The notice shall, at a minimum, be
5449one-half page in size in a standard-size newspaper or a full
5450page in a tabloid-size newspaper. The notice must include a map
5451generally depicting all transmission corridors proper for
5452certification.
5453     2.  The notice of the certification hearing and any other
5454public hearing held permitted under s. 403.527(4). The notice
5455must include the date by which a person wishing to appear as a
5456party must file the notice to do so. The notice of the
5457originally scheduled certification hearing must be published at
5458least 65 days before the date set for the certification hearing.
5459The notice shall meet the size and map requirements set forth in
5460subparagraph 1.
5461     3.  The notice of the cancellation of the certification
5462hearing under s. 403.527(6), if applicable. The notice must be
5463published at least 3 days before the date of the originally
5464scheduled certification hearing. The notice shall, at a minimum,
5465be one-fourth page in size in a standard-size newspaper or one-
5466half page in a tabloid-size newspaper. The notice shall not
5467require a map to be included.
5468     4.  The notice of the deferment of the certification
5469hearing due to the acceptance of an alternate corridor under s.
5470403.5272(1)(b)2. The notice must be published at least 7 days
5471before the date of the originally scheduled certification
5472hearing. The notice shall, at a minimum, be one-eighth page in
5473size in a standard-size newspaper or one-fourth page in a
5474tabloid-size newspaper. The notice shall not require a map to be
5475included.
5476     5.  If the notice of the rescheduled certification hearing
5477required of an alternate proponent under s. 403.5271(1)(c) is
5478not timely published or does not meet the notice requirements
5479such that an alternate corridor is withdrawn under the
5480provisions of s. 403.5271(1)(c), the notice of the rescheduled
5481hearing and any local hearings shall be provided by the
5482applicant at least 30 days prior to the rescheduled
5483certification hearing.
5484     6.4.  The notice of the filing of a proposal to modify the
5485certification submitted under s. 403.5315, if the department
5486determines that the modification would require relocation or
5487expansion of the transmission line right-of-way or a certified
5488substation.
5489     (2)(a)  Each The proponent of an alternate corridor shall
5490arrange for newspaper notice of the publication of the filing of
5491the proposal for an alternate corridor. If there is more than
5492one alternate proponent, the proponents may jointly publish
5493notice, so long as the content requirements below are met and
5494the maps are legible.
5495     (b)  The notice shall specify, the revised time schedules,
5496the date by which newly affected persons or agencies may file
5497the notice of intent to become a party, and the date of the
5498rescheduled hearing, and the date of any public hearing held
5499under s. 403.5271(1)(b)1.
5500     (c)  A notice listed in this subsection must be published
5501in a newspaper of general circulation within the county or
5502counties crossed by the proposed alternate corridor and comply
5503with the content, size, and map requirements set forth in this
5504section paragraph (1)(a).
5505     (d)  The notice of the alternate corridor proposal must be
5506published not less than 45 50 days before the rescheduled
5507certification hearing.
5508     (3)  The department shall arrange for the publication of
5509the following notices in the manner specified by chapter 120:
5510     (a)  The notice of the filing of an application and the
5511date by which a person intending to become a party must file a
5512petition to intervene or a notice of intent to be a party. The
5513notice must be published no later than 21 days after the
5514application has been filed.
5515     (b)  The notice of any administrative hearing for
5516certification, if applicable. The notice must be published not
5517less than 65 days before the date set for a hearing, except that
5518notice for a rescheduled certification hearing after acceptance
5519of an alternative corridor must be published not less than 50
5520days before the date set for the hearing.
5521     (c)  The notice of the cancellation of a certification
5522hearing under s. 403.527(6), if applicable. The notice must be
5523published not later than 7 days before the date of the
5524originally scheduled certification hearing.
5525     (d)  The notice of the deferment of the certification
5526hearing due to the acceptance of an alternate corridor under s.
5527403.5271(1)(b)2. The notice must be published at least 7 days
5528before the date of the originally scheduled certification
5529hearing.
5530     (e)(d)  The notice of the hearing before the siting board,
5531if applicable.
5532     (f)(e)  The notice of stipulations, proposed agency action,
5533or a petition for modification.
5534     (4)  A local government or regional planning council that
5535proposes to conduct an informational public meeting pursuant to
5536s. 403.5272 must publish notice of the meeting in a newspaper of
5537general circulation within the county or counties in which the
5538proposed electrical transmission line will be located no later
5539than 7 days prior to the meeting. A newspaper of general
5540circulation shall be the newspaper that has the largest daily
5541circulation in that county and has its principal office in that
5542county. If the newspaper with the largest daily circulation has
5543its principal office outside the county, the notices shall
5544appear in both the newspaper having the largest circulation in
5545that county and in a newspaper authorized to publish legal
5546notices in that county.
5547     (5)(a)  A good faith effort shall be made by the applicant
5548to provide direct notice of the filing of an application for
5549certification by United States mail or hand delivery no later
5550than 45 days after filing of the application to all local
5551landowners whose property, as noted in the most recent local
5552government tax records, and residences are located within one-
5553quarter mile of the proposed boundaries of a transmission line
5554corridor that only includes a transmission line as defined by s.
5555403.522(22).
5556     (b)  No later than 60 days after the filing of an
5557application for certification, the applicant shall file a list
5558with the department's Siting Coordination Office of landowners
5559and residences that were notified.
5560     (6)(a)  A good faith effort shall be made by the proponent
5561of an alternate corridor that includes a transmission line, as
5562defined by s. 403.522(22), to provide direct notice of the
5563filing of an alternate corridor for certification by United
5564States mail or hand delivery of the filing no later than 30 days
5565after filing of the alternate corridor to all local landowners
5566whose property, as noted in the most recent local government tax
5567records, and residences are located within one-quarter mile of
5568the proposed boundaries of a transmission line corridor that
5569includes a transmission line as defined by s. 403.522(22).
5570     (b)  No later than 45 days after the filing of an alternate
5571corridor for certification, the proponent of an alternate
5572corridor shall file a list with the department's Siting
5573Coordination Office of landowners and residences that were
5574notified.
5575     Section 93.  Paragraphs (d) and (e) of subsection (1) of
5576section 403.5365, Florida Statutes, are amended to read:
5577     403.5365  Fees; disposition.--The department shall charge
5578the applicant the following fees, as appropriate, which, unless
5579otherwise specified, shall be paid into the Florida Permit Fee
5580Trust Fund:
5581     (1)  An application fee.
5582     (d)1.  Upon written request with proper itemized accounting
5583within 90 days after final agency action by the siting board or
5584the department or the written notification of the withdrawal of
5585the application, the agencies that prepared reports under s.
5586403.526 or s. 403.5271 or participated in a hearing under s.
5587403.527 or s. 403.5271 may submit a written request to the
5588department for reimbursement of expenses incurred during the
5589certification proceedings. The request must contain an
5590accounting of expenses incurred, which may include time spent
5591reviewing the application, preparation of any studies required
5592of the agencies by this act, agency travel and per diem to
5593attend any hearing held under this act, and for the local
5594government or regional planning council providing additional
5595notice of the informational public meeting. The department shall
5596review the request and verify whether a claimed expense is
5597valid. Valid expenses shall be reimbursed; however, if the
5598amount of funds available for reimbursement is insufficient to
5599provide for full compensation to the agencies, reimbursement
5600shall be on a prorated basis.
5601     2.  If the application review is held in abeyance for more
5602than 1 year, the agencies may submit a request for reimbursement
5603under subparagraph 1. This time period shall be measured from
5604the date the applicant has provided written notification to the
5605department that it desires to have the application review
5606process placed on hold. The fee disbursement shall be processed
5607in accordance with subparagraph 1.
5608     (e)  If any sums are remaining, the department shall retain
5609them for its use in the same manner as is otherwise authorized
5610by this section; however, if the certification application is
5611withdrawn, the remaining sums shall be refunded to the applicant
5612within 90 days after submittal of the written notification of
5613withdrawal.
5614     Section 94.  Section 403.7055, Florida Statutes, is created
5615to read:
5616     403.7055  Methane capture.--
5617     (1)  Each county is encouraged to form multicounty regional
5618solutions to the capture and reuse or sale of methane gas from
5619landfills and wastewater treatment facilities.
5620     (2)  The department shall provide planning guidelines and
5621technical assistance to each county to develop and implement
5622such multicounty efforts.
5623     Section 95. Section 403.7032, Florida Statutes, is created
5624to read
5625     403.7032  Recycling.--
5626     (1)  The Legislature finds that the failure or inability to
5627economically recover material and energy resources from solid
5628waste results in the unnecessary waste and depletion of our
5629natural resources. As the state continues to grow, so will the
5630potential amount of discarded material that must be treated and
5631disposed of, necessitating the improvement of solid waste
5632collection and disposal. Therefore, the maximum recycling and
5633reuse of such resources are considered high-priority goals of
5634the state.
5635     (2)  By the year 2020, the long-term goal for the recycling
5636efforts of state and local governmental entities, private
5637companies and organizations, and the general public is to reduce
5638the amount of recyclable solid waste disposed of in waste
5639management facilities, landfills, or incineration facilities by
5640a statewide average of at least 75 percent. However, any solid
5641waste used for the production of renewable energy shall count
5642toward the long term recycling goal as set forth in this
5643section.
5644     (3)  The Department of Environmental Protection shall
5645develop a comprehensive recycling program that is designed to
5646achieve the percentage under subsection (2) and submit the
5647program to the President of the Senate and the Speaker of the
5648House of Representatives by January 1, 2010. The program may not
5649be implemented until approved by the Legislature. The program
5650must be developed in coordination with input from state and
5651local entities, private businesses, and the public. Under the
5652program, recyclable materials shall include, but are not limited
5653to, metals, paper, glass, plastic, textile, rubber materials,
5654and mulch. Components of the program shall include, but are not
5655limited to:
5656     (a)  Programs to identify environmentally preferable
5657purchasing practices to encourage the purchase of recycled,
5658durable, and less toxic goods.
5659     (b)  Programs to educate students in grades K-12 in the
5660benefits of, and proper techniques for, recycling.
5661     (c)  Programs for statewide recognition of successful
5662recycling efforts by schools, businesses, public groups, and
5663private citizens.
5664     (d)  Programs for municipalities and counties to develop
5665and implement efficient recycling efforts to return valuable
5666materials to productive use, conserve energy, and protect
5667natural resources.
5668     (e)  Programs by which the department can provide technical
5669assistance to municipalities and counties in support of their
5670recycling efforts.
5671     (f)  Programs to educate and train the public in proper
5672recycling efforts;
5673     (g)  Evaluation of how financial assistance can best be
5674provided to municipalities and counties in support of their
5675recycling efforts.
5676     (h)  Evaluation of why existing waste management and
5677recycling programs in the state have not been better used.
5678     Section 96.  Section 403.7033, Florida Statutes, is created
5679to read:
5680     403.7033  Departmental analysis of particular recyclable
5681materials.--The Legislature finds that prudent regulation of
5682recyclable materials is crucial to the ongoing welfare of
5683Florida's ecology and economy. As such, the Department of
5684Environmental Protection shall undertake an analysis of the need
5685for new or different regulation of auxiliary containers,
5686wrappings, or disposable plastic bags used by consumers to carry
5687products from retail establishments. The analysis shall include
5688input from state and local government agencies, stakeholders,
5689private businesses, and citizens, and shall evaluate the
5690efficacy and necessity of both statewide and local regulation of
5691these materials. To ensure consistent and effective
5692implementation, the department shall submit a report with
5693conclusions and recommendations to the Legislature no later than
5694February 1, 2010. Until such time that the Legislature adopts
5695the recommendations of the department, no local government,
5696local governmental agency, or state government agency may enact
5697any rule, regulation, or ordinance regarding use, disposition,
5698sale, prohibition, restriction, or tax of such auxiliary
5699containers, wrappings, or disposable plastic bags.
5700      Section 97. 403.706  Local government solid waste
5701responsibilities.--
5702(2)(a)  Each county shall implement a recyclable materials
5703recycling program. Counties and municipalities are encouraged to
5704form cooperative arrangements for implementing recycling
5705programs.
5706(b)  Such programs shall be designed to recover a
5707significant portion of at least four of the following materials
5708from the solid waste stream prior to final disposal at a solid
5709waste disposal facility and to offer these materials for
5710recycling: newspaper, aluminum cans, steel cans, glass, plastic
5711bottles, cardboard, office paper, and yard trash. Local
5712governments which operate permitted waste-to-energy facilities
5713may retrieve ferrous and nonferrous metal as a byproduct of
5714combustion.
5715(c)  Local governments are encouraged to separate all
5716plastics, metal, and all grades of paper for recycling prior to
5717final disposal and are further encouraged to recycle yard trash
5718and other mechanically treated solid waste into compost
5719available for agricultural and other acceptable uses.
5720(d)  By July 1, 2010, each county shall develop and
5721implement a plan to achieve a goal to compost is encouraged to
5722consider plans for composting or mulching of organic materials
5723that would otherwise be disposed of in a landfill. The goal
5724shall provide that up to 10 percent and no less than 5 percent
5725of organic material would be composted within the county and the
5726municipalities within its boundaries. The department may reduce
5727or modify the compost goal if the county demonstrates to the
5728department that achievement of the goal would be impractical
5729given the county's unique demographic, urban density, or
5730inability to separate normally compostable material from the
5731solid waste stream. The composting plan is or mulching plans are
5732encouraged to address partnership with the private sector.
5733(e)  Each county is encouraged to consider plans for  
5734mulching organic materials that would otherwise be disposed of
5735in a landfill. The mulching plans are encouraged to address
5736partnership with the private sector.
5737     Section 98.  Subsection (6) of section 403.814, Florida
5738Statutes, is amended to read:
5739     403.814  General permits; delegation.--
5740     (6)  Construction and maintenance of electric transmission
5741or distribution lines in wetlands by electric utilities, as
5742defined in s. 366.02, shall be authorized by general permit
5743provided the following provisions are implemented:
5744     (a)  All permanent fill shall be at grade. Fill shall be
5745limited to that necessary for the electrical support structures,
5746towers, poles, guy wires, stabilizing backfill, and at-grade
5747access roads limited to 20-foot widths; and
5748     (b)  The permittee may utilize access and work areas
5749limited to the following: a linear access area of up to 25 feet
5750wide between electrical support structures, an access area of up
5751to 25 feet wide to electrical support structures from the edge
5752of the right-of-way, and a work area around the electrical
5753support structures, towers, poles, and guy wires. These areas
5754may be cleared to ground, including removal of stumps as
5755necessary; and
5756     (c)  Vegetation within wetlands may be cut or removed no
5757lower than the soil surface under the conductor, and 20 feet to
5758either side of the outermost conductor, while maintaining the
5759remainder of the project right-of-way within the wetland by
5760selectively clearing vegetation which has an expected mature
5761height above 14 feet. Brazilian pepper, Australian pine, and
5762melaleuca shall be eradicated throughout the wetland portion of
5763the right-of-way; and
5764     (d)  Erosion control methods shall be implemented as
5765necessary to ensure that state water quality standards for
5766turbidity are met. Diversion and impoundment of surface waters
5767shall be minimized; and
5768     (e)  The proposed construction and clearing shall not
5769adversely affect threatened and endangered species; and
5770     (f)  The proposed construction and clearing shall not
5771result in a permanent change in existing ground surface
5772elevation; and
5773     (g)  Where fill is placed in wetlands, the clearing to
5774ground of forested wetlands is restricted to 4.0 acres per 10-
5775mile section of the project, with no more than one impact site
5776exceeding 0.5 acres. The impact site which exceeds 0.5 acres
5777shall not exceed 2.0 acres. The total forested wetland clearing
5778to the ground per 10-mile section shall not exceed 15 acres. The
577910-mile sections shall be measured from the beginning to the
5780terminus, or vice versa, and the section shall not end in a
5781wetland; and
5782     (h)  The general permit authorized by this subsection shall
5783not apply in forested wetlands located within 550 feet from the
5784shoreline of a named water body designated as an Outstanding
5785Florida Water; and
5786     (i)  This subsection also applies to transmission lines and
5787appurtenances certified under part II of this chapter. However,
5788the criteria of the general permit shall not affect the
5789authority of the siting board to condition certification of
5790transmission lines as authorized under part II of this chapter.
5791
5792Maintenance of existing electric lines and clearing of
5793vegetation in wetlands conducted without the placement of
5794structures in wetlands or other dredge and fill activities does
5795not require an individual or general construction permit. For
5796the purpose of this subsection, wetlands shall mean the landward
5797extent of waters of the state regulated under s. 403.927 ss.
5798403.91-403.929 and isolated and nonisolated wetlands regulated
5799under part IV of chapter 373. The provisions provided in this
5800subsection apply to the permitting requirements of the
5801department, any water management district, and any local
5802government implementing part IV of chapter 373 or part VIII of
5803this chapter.
5804     Section 99.  Section 489.145, Florida Statutes, is amended
5805to read:
5806     489.145  Guaranteed energy, water, and wastewater
5807performance savings contracting.--
5808     (1)  SHORT TITLE.--This section may be cited as the
5809"Guaranteed Energy, Water, and Wastewater Performance Savings
5810Contracting Act."
5811     (2)  LEGISLATIVE FINDINGS.--The Legislature finds that
5812investment in energy, water, and wastewater efficiency and
5813conservation measures in agency facilities can reduce the amount
5814of energy and water consumed and wastewater produced and produce
5815immediate and long-term savings. It is the policy of this state
5816to encourage each agency agencies to invest in energy, water,
5817and wastewater efficiency and conservation measures that reduce
5818energy consumption, produce a cost savings for the agency, and
5819improve the quality of indoor air in public facilities and to
5820operate, maintain, and, when economically feasible, build or
5821renovate existing agency facilities in such a manner as to
5822minimize energy and water consumption and wastewater production
5823and maximize energy, water, and wastewater savings. It is
5824further the policy of this state to encourage agencies to
5825reinvest any energy savings resulting from energy, water, and
5826wastewater efficiency and conservation measures in additional
5827energy, water, and wastewater efficiency and conservation
5828measures efforts.
5829     (3)  DEFINITIONS.--As used in this section, the term:
5830     (a)  "Agency" means the state, a municipality, or a
5831political subdivision.
5832     (b)  "Energy, water, and wastewater efficiency and
5833conservation measure" means a training program incidental to the
5834contract, facility alteration, or equipment purchase to be used
5835in new construction, including an addition to an existing
5836facilities or infrastructure facility, which reduces energy or
5837water consumption, wastewater production, or energy-related
5838operating costs and includes, but is not limited to:
5839     1.  Insulation of the facility structure and systems within
5840the facility.
5841     2.  Storm windows and doors, caulking or weatherstripping,
5842multiglazed windows and doors, heat-absorbing, or heat-
5843reflective, glazed and coated window and door systems,
5844additional glazing, reductions in glass area, and other window
5845and door system modifications that reduce energy consumption.
5846     3.  Automatic energy control systems.
5847     4.  Heating, ventilating, or air-conditioning system
5848modifications or replacements.
5849     5.  Replacement or modifications of lighting fixtures to
5850increase the energy efficiency of the lighting system, which, at
5851a minimum, must conform to the applicable state or local
5852building code.
5853     6.  Energy recovery systems.
5854     7.  Cogeneration systems that produce steam or forms of
5855energy such as heat, as well as electricity, for use primarily
5856within a facility or complex of facilities.
5857     8.  Energy conservation measures that reduce British
5858thermal units (Btu), kilowatts (kW), or kilowatt hours (kWh)
5859consumed or provide long-term operating cost reductions or
5860significantly reduce Btu consumed.
5861     9.  Renewable energy systems, such as solar, biomass, or
5862wind systems.
5863     10.  Devices that reduce water consumption or sewer
5864charges.
5865     11.  Energy storage systems, such as fuel cells and thermal
5866storage.
5867     12.  Energy-generating generating technologies, such as
5868microturbines.
5869     13.  Any other repair, replacement, or upgrade of existing
5870equipment.
5871     (c)  "Energy, water, or wastewater cost savings" means a
5872measured reduction in the cost of fuel, energy or water
5873consumption, wastewater production, and stipulated operation and
5874maintenance created from the implementation of one or more
5875energy, water, or wastewater efficiency or conservation measures
5876when compared with an established baseline for the previous cost
5877of fuel, energy or water consumption, wastewater production, and
5878stipulated operation and maintenance.
5879     (d)  "Guaranteed energy, water, and wastewater performance
5880savings contract" means a contract for the evaluation,
5881recommendation, and implementation of energy, water, or
5882wastewater efficiency or conservation measures, which, at a
5883minimum, shall include:
5884     1.  The design and installation of equipment to implement
5885one or more of such measures and, if applicable, operation and
5886maintenance of such measures.
5887     2.  The amount of any actual annual savings that meet or
5888exceed total annual contract payments made by the agency for the
5889contract and may include allowable cost avoidance if determined
5890appropriate by the Chief Financial Officer.
5891     3.  The finance charges incurred by the agency over the
5892life of the contract.
5893     (e)  "Guaranteed energy, water, and wastewater performance
5894savings contractor" means a person or business that is licensed
5895under chapter 471, chapter 481, or this chapter, and is
5896experienced in the analysis, design, implementation, or
5897installation of energy, water, and wastewater efficiency and
5898conservation measures through energy performance contracts.
5899     (f)  "Investment grade energy audit" means a detailed
5900energy, water, and wastewater audit, along with an accompanying
5901analysis of proposed energy, water, and wastewater conservation
5902measures, and their costs, savings, and benefits prior to entry
5903into an energy savings contract.
5904     (4)  PROCEDURES.--
5905     (a)  An agency may enter into a guaranteed energy, water,
5906and wastewater performance savings contract with a guaranteed
5907energy, water, and wastewater performance savings contractor to
5908significantly reduce energy or water consumption, wastewater
5909production, or energy-related operating costs of an agency
5910facility through one or more energy, water, or wastewater
5911efficiency or conservation measures.
5912     (b)  Before design and installation of energy, water, or
5913wastewater efficiency and conservation measures, the agency must
5914obtain from a guaranteed energy, water, and wastewater
5915performance savings contractor a report that summarizes the
5916costs associated with the energy, water, or wastewater
5917efficiency and conservation measures or energy-related
5918operational cost saving measures and provides an estimate of the
5919amount of the energy cost savings. The agency and the guaranteed
5920energy, water, and wastewater performance savings contractor may
5921enter into a separate agreement to pay for costs associated with
5922the preparation and delivery of the report; however, payment to
5923the contractor shall be contingent upon the report's projection
5924of energy, water, and wastewater cost savings being equal to or
5925greater than the total projected costs of the design and
5926installation of the report's energy conservation measures.
5927     (c)  The agency may enter into a guaranteed energy, water,
5928and wastewater performance savings contract with a guaranteed
5929energy, water, and wastewater performance savings contractor if
5930the agency finds that the amount the agency would spend on the
5931energy, water, and wastewater efficiency and conservation
5932measures will not likely exceed the amount of the energy cost
5933savings for up to 20 years from the date of installation, based
5934on the life cycle cost calculations provided in s. 255.255, if
5935the recommendations in the report were followed and if the
5936qualified provider or providers give a written guarantee that
5937the energy cost savings will meet or exceed the costs of the
5938system. However, actual computed cost savings must meet or
5939exceed the estimated cost savings provided in each agency's
5940program approval. Baseline adjustments used in calculations must
5941be specified in the contract. The contract may provide for
5942installment payments for a period not to exceed 20 years.
5943     (d)  A guaranteed energy, water, and wastewater performance
5944savings contractor must be selected in compliance with s.
5945287.055; except that if fewer than three firms are qualified to
5946perform the required services, the requirement for agency
5947selection of three firms, as provided in s. 287.055(4)(b), and
5948the bid requirements of s. 287.057 do not apply.
5949     (e)  Before entering into a guaranteed energy, water, and
5950wastewater performance savings contract, an agency must provide
5951published notice of the meeting in which it proposes to award
5952the contract, the names of the parties to the proposed contract,
5953and the contract's purpose.
5954     (f)  A guaranteed energy, water, and wastewater performance
5955savings contract may provide for financing, including tax-exempt
5956financing, by a third party. The contract for third-party third
5957party financing may be separate from the energy, water, and
5958wastewater performance contract. A separate contract for third-
5959party third party financing under this paragraph must include a
5960provision that the third-party third party financier must not be
5961granted rights or privileges that exceed the rights and
5962privileges available to the guaranteed energy, water, and
5963wastewater performance savings contractor.
5964     (g)  Financing for guaranteed energy, water, and wastewater
5965performance savings contracts may be provided under the
5966authority of s. 287.064.
5967     (h)  The Office of the Chief Financial Officer shall review
5968proposals from state agencies to ensure that the most effective
5969financing is being used.
5970     (i)  Annually, the agency that has entered into the
5971contract shall provide the Department of Management Services and
5972the Chief Financial Officer the measurement and verification
5973report required by the contract to validate that savings have
5974occurred.
5975     (j)(g)  In determining the amount the agency will finance
5976to acquire the energy, water, and wastewater efficiency and
5977conservation measures, the agency may reduce such amount by the
5978application of any grant moneys, rebates, or capital funding
5979available to the agency for the purpose of buying down the cost
5980of the guaranteed energy, water, and wastewater performance
5981savings contract. However, in calculating the life cycle cost as
5982required in paragraph (c), the agency shall not apply any
5983grants, rebates, or capital funding.
5984     (5)  CONTRACT PROVISIONS.--
5985     (a)  A guaranteed energy, water, and wastewater performance
5986savings contract must include a written guarantee that may
5987include, but is not limited to the form of, a letter of credit,
5988insurance policy, or corporate guarantee by the guaranteed
5989energy, water, and wastewater performance savings contractor
5990that annual energy cost savings will meet or exceed the
5991amortized cost of energy, water, and wastewater efficiency and
5992conservation measures.
5993     (b)  The guaranteed energy, water, and wastewater
5994performance savings contract must provide that all payments,
5995except obligations on termination of the contract before its
5996expiration, may be made over time, but not to exceed 20 years
5997from the date of complete installation and acceptance by the
5998agency, and that the annual savings are guaranteed to the extent
5999necessary to make annual payments to satisfy the guaranteed
6000energy, water, and wastewater performance savings contract.
6001     (c)  The guaranteed energy, water, and wastewater
6002performance savings contract must require that the guaranteed
6003energy, water, and wastewater performance savings contractor to
6004whom the contract is awarded provide a 100-percent public
6005construction bond to the agency for its faithful performance, as
6006required by s. 255.05.
6007     (d)  The guaranteed energy, water, and wastewater
6008performance savings contract may contain a provision allocating
6009to the parties to the contract any annual energy cost savings
6010that exceed the amount of the energy cost savings guaranteed in
6011the contract.
6012     (e)  The guaranteed energy, water, and wastewater
6013performance savings contract shall require the guaranteed
6014energy, water, and wastewater performance savings contractor to
6015provide to the agency an annual reconciliation of the guaranteed
6016energy or associated cost savings. If the reconciliation reveals
6017a shortfall in annual energy or associated cost savings, the
6018guaranteed energy, water, and wastewater performance savings
6019contractor is liable for such shortfall. If the reconciliation
6020reveals an excess in annual energy cost savings, the excess
6021savings may be allocated under paragraph (d) but may not be used
6022to cover potential energy or associated cost savings shortages
6023in subsequent contract years.
6024     (f)  The guaranteed energy, water, and wastewater
6025performance savings contract must provide for payments of not
6026less than one-twentieth of the price to be paid within 2 years
6027from the date of the complete installation and acceptance by the
6028agency using straight-line amortization for the term of the
6029loan, and the remaining costs to be paid at least quarterly, not
6030to exceed a 20-year term, based on life cycle cost calculations.
6031     (g)  The guaranteed energy, water, and wastewater
6032performance savings contract may extend beyond the fiscal year
6033in which it becomes effective; however, the term of any contract
6034expires at the end of each fiscal year and may be automatically
6035renewed annually for up to 20 years, subject to the agency
6036making sufficient annual appropriations based upon continued
6037realized energy, water, and wastewater savings.
6038     (h)  The guaranteed energy, water, and wastewater
6039performance savings contract must stipulate that it does not
6040constitute a debt, liability, or obligation of the state.
6041     (6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
6042Department of Management Services, with the assistance of the
6043Office of the Chief Financial Officer, shall may, within
6044available resources, provide technical content assistance to
6045state agencies contracting for energy, water, and wastewater
6046efficiency and conservation measures and engage in other
6047activities considered appropriate by the department for
6048promoting and facilitating guaranteed energy, water, and
6049wastewater performance contracting by state agencies. The
6050Department of Management Services shall review the investment-
6051grade audit for each proposed project and certify that the cost
6052savings are appropriate and sufficient for the term of the
6053contract. The Office of the Chief Financial Officer, with the
6054assistance of the Department of Management Services, shall may,
6055within available resources, develop model contractual and
6056related documents for use by state agencies. Prior to entering
6057into a guaranteed energy, water, and wastewater performance
6058savings contract, any contract or lease for third-party
6059financing, or any combination of such contracts, a state agency
6060shall submit such proposed contract or lease to the Office of
6061the Chief Financial Officer for review and approval. A proposed
6062contract or lease shall include:
6063     (a)  Supporting information required by s. 216.023(4)(a)9.
6064in ss. 287.063(5) and 287.064(11). For contracts approved under
6065this section, the criteria may, add a minimum, include the
6066specification of a benchmark cost of capital and minimum real
6067rate of return on energy, water, or wastewater savings against
6068which proposals shall be evaluated.
6069     (b)  Documentation supporting recurring funds requirements
6070in ss. 287.063(5) and 287.064(11).
6071     (c)  Approval by the head of the agency or his or her
6072designee.
6073     (d)  An agency measurement and verification plan to monitor
6074cost savings.
6075     (7)  FUNDING SUPPORT.--For purposes of consolidated
6076financing of deferred payment commodity contracts under this
6077section by an agency, any such contract must be supported from
6078available funds appropriated to the agency in an appropriation
6079category, as defined in chapter 216, that the Chief Financial
6080Officer has determined is appropriate or that the Legislature
6081has designated for payment of the obligation incurred under this
6082section.
6083
6084The Office of the Chief Financial Officer shall not approve any
6085contract submitted under this section from a state agency that
6086does not meet the requirements of this section.
6087     Section 100.  Section 526.06, Florida Statutes, is amended
6088to read:
6089     526.06  Mixing, blending, compounding, or adulteration of
6090liquid fuels of same manufacturer prohibited; sale of gasoline
6091blended with ethanol gasohol.--It is unlawful for any person to
6092mix, blend, compound, or adulterate the liquid fuel, lubricating
6093oil, grease, or similar product of a manufacturer or distributor
6094with a liquid fuel, lubricating oil, grease, or similar product
6095of the same manufacturer or distributor of a character or nature
6096different from the character or nature of the liquid fuel,
6097lubricating oil, grease, or similar product so mixed, blended,
6098compounded, or adulterated, and expose for sale, offer for sale,
6099or sell the same as the unadulterated product of such
6100manufacturer or distributor or as the unadulterated product of
6101any other manufacturer or distributor. However, nothing in this
6102chapter shall be construed to prevent the lawful owner of such
6103products from applying his, her, or its own trademark, trade
6104name, or symbol to any product or material. Ethanol-blended
6105Alcohol-blended fuels which contain 90 percent unleaded gasoline
6106and up to 10 percent denatured ethanol by volume ethyl alcohol
6107of a minimum of 198 proof and a maximum 50 parts per million of
6108acetic acid, commonly known as "gasohol," may be sold at retail
6109service stations for use in motor vehicles, as long as the
6110gasoline component complies with current state specifications,
6111until the American Society for Testing and Materials approves
6112specifications for gasohol. To provide retail service stations
6113flexibility during the transition period to ethanol-blended
6114fuels, the T50 and TV/L specifications for gasoline containing
6115between 9 and 10 percent ethanol shall be applied to all
6116gasoline containing between 1 and 10 percent ethanol by volume
6117provided the last three or fewer deliveries contained between 9
6118and 10 percent ethanol by volume. If there is no reasonable
6119availability of ethanol or the price of ethanol exceeds the
6120price of gasoline, the T50 and TV/L specifications for gasoline
6121containing between 9 and 10 percent ethanol shall be applicable
6122for gasoline containing between 1 and 10 percent ethanol for up
6123to three deliveries of fuel.
6124     Section 101.  Section 526.201, Florida Statutes, is created
6125to read:
6126     526.201  Short title.--Sections 526.201-526.207 may be
6127cited as the "Florida Renewable Fuel Standard Act."
6128     Section 102.  Section 526.202, Florida Statutes, is created
6129to read:
6130     526.202  Legislative findings.--The Legislature finds it is
6131vital to the public interest and to the state's economy to
6132establish a market and the necessary infrastructure for
6133renewable fuels in this state by requiring that all gasoline
6134offered for sale in this state include a percentage of
6135agriculturally derived, denatured ethanol. The Legislature
6136further finds that the use of renewable fuel reduces greenhouse
6137gas emissions and dependence on imports of foreign oil, improves
6138the health and quality of life for Floridians, and stimulates
6139economic development and the creation of a sustainable industry
6140that combines agricultural production with state-of-the-art
6141technology.
6142     Section 103.  Section 526.203, Florida Statutes, is created
6143to read:
6144     526.203  Renewable fuel standard.--
6145     (1)  DEFINITIONS.--As used in this act:
6146     (a)  "Blender," "importer," "terminal supplier," and
6147"wholesaler" are defined as provided in s. 206.01.
6148     (b)  "Blended gasoline" means a mixture of 90 to 91 percent
6149gasoline and 9 to 10 percent fuel ethanol, by volume, that meets
6150the specifications as adopted by the department. The fuel
6151ethanol portion may be derived from any agricultural source.
6152     (c)  "Fuel ethanol" means an anhydrous denatured alcohol
6153produced by the conversion of carbohydrates that meets the
6154specifications as adopted by the department.
6155     (d)  "Unblended gasoline" means gasoline that has not been
6156blended with fuel ethanol and that meets the specifications as
6157adopted by the department.
6158     (2)  FUEL STANDARD.--Beginning December 31, 2010, all
6159gasoline sold or offered for sale in Florida by a terminal
6160supplier, importer, blender, or wholesaler shall be blended
6161gasoline.
6162     (3)  EXEMPTIONS.--The requirements of this act do not apply
6163to the following:
6164     (a)  Fuel used in aircraft.
6165     (b)  Fuel sold for use in boats and similar watercraft.
6166     (c)  Fuel sold to a blender.
6167     (d)  Fuel sold for use in collector vehicles or vehicles
6168eligible to be licensed as collector vehicles, off-road
6169vehicles, motorcycles, or small engines.
6170     (e)  Fuel unable to comply due to requirements of the
6171United States Environmental Protection Agency.
6172     (f)  Fuel transferred between terminals.
6173     (g)  Fuel exported from the state in accordance with s.
6174206.052.
6175     (h)  Fuel qualifying for any exemption in accordance with
6176chapter 206.
6177     (i)  Fuel for a railroad locomotive.
6178     (j)  Fuel for equipment, including vehicle or vessel,
6179covered by a warranty that would be voided, if explicitly stated
6180in writing by the vehicle or vessel manufacturer, if the
6181equipment were to be operated using fuel meeting the
6182requirements of subsection (2).
6183
6184All records of sale of unblended gasoline shall include the
6185following statement: "Unblended gasoline may be sold only for
6186the purposes authorized under s. 526.203(3), F.S."
6187     (4)  REPORT.--Pursuant to s. 206.43, each terminal
6188supplier, importer, blender, and wholesaler shall include in its
6189report to the Department of Revenue the number of gallons of
6190blended and unblended gasoline sold. The Department of Revenue
6191shall provide a monthly summary report to the department.
6192     Section 104. Section 526.204, Florida Statutes, is created
6193to read:
6194     526.204  Waivers and suspensions.--
6195     (1)  If a terminal supplier, importer, blender, or
6196wholesaler is unable to obtain fuel ethanol or blended gasoline
6197at the same or lower price as unblended gasoline, then the sale
6198or delivery of unblended gasoline by the terminal supplier,
6199importer, blender, or wholesaler shall not be deemed a violation
6200of this act. The terminal supplier, importer, blender, or
6201wholesaler shall, upon request of the department, provide the
6202required documentation regarding the sales transaction and price
6203of fuel ethanol, blended gasoline, and unblended gasoline to the
6204department.
6205     (2)  To account for supply disruptions and ensure reliable
6206supplies of motor fuels in the state, the requirements of this
6207act shall be suspended when the provisions of s. 252.36(2) in
6208any area of the state are in effect plus an additional 30 days.
6209     Section 105.  Section 526.205, Florida Statutes, is created
6210to read:
6211     526.205  Enforcement; extensions.--
6212     (1)  Unless a waiver or suspension pursuant to s. 526.204
6213applies, or an extension has been granted pursuant to subsection
6214(3), it shall be unlawful for a terminal supplier, importer,
6215blender, or wholesaler to sell or distribute, or offer for sale
6216or distribution, any gasoline which fails to meet the
6217requirements of this act.
6218     (2)  Upon a determination by the department of a violation
6219of this act, the department shall enter an order imposing one or
6220more of the following penalties:
6221     (a)  Issuance of a warning letter.
6222     (b)  Imposition of an administrative fine of not more than
6223$1,000 per violation for a first-time offender. For a second-
6224time or repeat offender, or any person who is shown to have
6225willfully and intentionally violated any provision of this act,
6226the administrative fine shall not exceed $5,000 per violation.
6227When imposing any fine under this section, the department shall
6228consider the monetary benefit to the violator as a result of
6229noncompliance, whether the violation was committed willfully,
6230and the compliance record of the violator. All funds recovered
6231by the department shall be deposited into the General Inspection
6232Trust Fund.
6233     (3)  Any terminal supplier, importer, blender, or
6234wholesaler may apply to the department by September 30, 2010,
6235for an extension of time to comply with the requirements of this
6236act. The application for an extension must demonstrate that the
6237applicant has made a good faith effort to comply with the
6238requirements but has been unable to do so for reasons beyond the
6239applicant's control, such as delays in receiving governmental
6240permits. The department shall review each application and make a
6241determination as to whether the failure to comply was beyond the
6242control of the applicant. If the department determines that the
6243applicant made a good faith effort to comply, but was unable to
6244do so for reasons beyond the applicant's control, the department
6245shall grant an extension of time determined necessary for the
6246applicant to comply.
6247     Section 106.  Section 526.206, Florida Statutes, is created
6248to read:
6249     526.206  Rules.--The Department of Revenue and the
6250Department of Agriculture and Consumer Services are authorized
6251to adopt rules pursuant to ss. 120.536(1) and 120.54 to
6252implement the provisions of this act.
6253     Section 107.  Section 526.207, Florida Statutes, is created
6254to read:
6255     526.207  Studies and reports.--
6256     (1)  The Florida Energy and Climate Commission shall
6257conduct a study to evaluate and recommend the life-cycle
6258greenhouse gas emissions associated with all renewable fuels,
6259including, but not limited to, biodiesel, renewable diesel,
6260biobutanol, and ethanol derived from any source. In addition,
6261the commission shall evaluate and recommend a requirement that
6262all renewable fuels introduced into commerce in the state, as a
6263result of the renewable fuel standard, shall reduce the life-
6264cycle greenhouse gas emissions by an average percentage. The
6265commission may also evaluate and recommend any benefits
6266associated with the creation, banking, transfer, and sale of
6267credits among fuel refiners, blenders, and importers.
6268     (2)  The Florida Energy and Climate Commission shall submit
6269a report containing specific recommendations to the President of
6270the Senate and the Speaker of the House of Representatives no
6271later than December 31, 2010.
6272     Section 108.  Paragraph (a) of subsection (6) of section
6273553.73, Florida Statutes, is amended to read:
6274     553.73  Florida Building Code.--
6275     (6)(a)  The commission, by rule adopted pursuant to ss.
6276120.536(1) and 120.54, shall update the Florida Building Code
6277every 3 years. When updating the Florida Building Code, the
6278commission shall select the most current version of the
6279International Building Code, the International Fuel Gas Code,
6280the International Mechanical Code, the International Plumbing
6281Code, and the International Residential Code, all of which are
6282adopted by the International Code Council, and the National
6283Electrical Code, which is adopted by the National Fire
6284Protection Association, to form the foundation codes of the
6285updated Florida Building Code, if the version has been adopted
6286by the applicable model code entity and made available to the
6287public at least 6 months prior to its selection by the
6288commission. The commission shall select the most current version
6289of the International Energy Conservation Code (IECC) as a
6290foundation code; however, the IECC shall be modified by the
6291commission to maintain the efficiencies of the Florida Energy
6292Efficiency Code for Building Construction adopted and amended
6293pursuant to s. 553.901.
6294     Section 109.  Section 553.9061, Florida Statutes, is
6295created to read:
6296     553.9061  Scheduled increases in thermal efficiency
6297standards.--
6298     (1)  The purpose of this section is to establish a schedule
6299of increases in the energy performance of buildings subject to
6300the Florida Energy Efficiency Code for Building Construction.
6301The Florida Building Commission shall:
6302     (a)  Include the necessary provisions by the 2010 edition
6303of the Florida Energy Efficiency Code for Building Construction
6304to increase the energy performance of new buildings by at least
630520 percent as compared to the energy efficiency provisions of
6306the 2007 Florida Building Code adopted October 31, 2007.
6307     (b)  Increase energy efficiency requirements by the 2013
6308edition of the Florida Energy Efficiency Code for Building
6309Construction by at least 30 percent as compared to the energy
6310efficiency provisions of the 2007 Florida Building Code adopted
6311October 31, 2007.
6312     (c)  Increase energy efficiency requirements by the 2016
6313edition of the Florida Energy Efficiency Code for Building
6314Construction by at least 40 percent as compared to the energy
6315efficiency provisions of the 2007 Florida Building Code adopted
6316October 31, 2007.
6317     (d)  Increase energy efficiency requirements by the 2019
6318edition of the Florida Energy Efficiency Code for Building
6319Construction by at least 50 percent as compared to the energy
6320efficiency provisions of the 2007 Florida Building Code adopted
6321October 31, 2007.
6322     (2)  The Florida Building Commission shall identify within
6323code support and compliance documentation the specific building
6324options and elements available to meet the energy performance
6325goals established in subsection (1). Energy-efficiency
6326performance options and elements include, but are not limited
6327to:
6328     (a)  Solar water heating.
6329     (b)  Energy-efficient appliances.
6330     (c)  Energy-efficient windows, doors, and skylights.
6331     (d)  Low solar-absorption roofs, also known as "cool
6332roofs."
6333     (e)  Enhanced ceiling and wall insulation.
6334     (f)  Reduced-leak duct systems.
6335     (g)  Programmable thermostats.
6336     (h)  Energy-efficient lighting systems.
6337     (3)  The Florida Building Commission shall, prior to
6338implementing the goals established in subsection (1), adopt by
6339rule and implement a cost-effectiveness test for proposed
6340increases in energy efficiency. The cost-effectiveness test
6341shall measure cost-effectiveness and shall ensure that energy
6342efficiency increases result in a positive net financial impact.
6343     Section 110.  Subsection (1) of section 553.909, Florida
6344Statutes, is amended, subsections (3) and (4) are renumbered as
6345subsections (6) and (7), respectively, and new subsections (3),
6346(4), and (5) are added to that section, to read:
6347     553.909  Setting requirements for appliances; exceptions.--
6348     (1)  The Florida Energy Efficiency Code for Building
6349Construction shall set the minimum requirements for commercial
6350or residential swimming pool pumps, swimming pool water heaters,
6351and heat traps and thermostat settings for water heaters used to
6352heat potable water sold for residential use. The code shall
6353further establish the minimum acceptable standby loss for
6354electric water heaters and the minimum recovery efficiency and
6355standby loss for water heaters fueled by natural gas or
6356liquefied petroleum gas.
6357     (3)  Commercial or residential swimming pool pumps or water
6358heaters sold after July 1, 2011, shall comply with the
6359requirements of this subsection. Natural gas pool heaters shall
6360not be equipped with constantly burning pilots. Heat pump pool
6361heaters shall have a coefficient of performance at low
6362temperature of not less than 4.0. The thermal efficiency of gas-
6363fired pool heaters and oil-fired pool heaters shall not be less
6364than 78 percent. All pool heaters shall have a readily
6365accessible on-off switch that is mounted outside the heater and
6366that allows shutting off the heater without adjusting the
6367thermostat setting.
6368     (4)  Pool pump motors shall not be split-phase, shaded-
6369pole, or capacitor start-induction run types. Residential pool
6370pumps and pool pumps motors with a total horsepower of 1 HP or
6371more shall have the capability of operating at two or more
6372speeds with a low speed having a rotation rate that is no more
6373than one-half of the motor's maximum rotation rate. Residential
6374pool pump motor controls shall have the capability of operating
6375the pool pump at a minimum of two speeds. The default
6376circulation speed shall be the residential filtration speed,
6377with a higher speed override capability being for a temporary
6378period not to exceed one normal cycle or 120 minutes, whichever
6379is less. Except that circulation speed for solar pool heating
6380systems shall be permitted to run at higher speeds during
6381periods of usable solar heat gain.
6382     (5)  Portable electric spas standby power shall not be
6383greater than 5(V2/3) watts where V = the total volume, in
6384gallons, when spas are measured in accordance with the spa
6385industry test protocol.
6386     (6)(3)  The Florida Energy Efficiency Code for Building
6387Construction may include standards for other appliances and
6388energy-using systems if they are determined by the department to
6389have a significant impact on the energy use of the building and
6390if they are cost-effective to the consumer.
6391     (7)(4)  If the provisions of this section are preempted in
6392part by federal standards, those provisions not preempted shall
6393apply.
6394     Section 111.  (1)  By July 1, 2009, the Agency for
6395Enterprise Information Technology shall define objective
6396standards for:
6397     (a)  Measuring data center energy consumption and
6398efficiency, including, but not limited to, airflow and cooling,
6399power consumption and distribution, and environmental control
6400systems in a data center facility.
6401     (b)  Calculating total cost of ownership of energy-
6402efficient information technology products, including initial
6403purchase, installation, ongoing operation and maintenance, and
6404disposal costs over the life cycle of the product.
6405(2)  State shared resource data centers and other data
6406centers that the Agency for Enterprise Information Technology
6407has determined will be recipients for consolidating data
6408centers, which are designated by the Agency for Enterprise
6409Information Technology, shall evaluate their data center
6410facilities for energy efficiency using the standards established
6411in this section.
6412     (a)  Results of these evaluations shall be reported to the
6413Agency for Enterprise Information Technology, the President of
6414the Senate, and the Speaker of the House of Representatives.
6415Reports shall enable the tracking of energy performance over
6416time and comparisons between facilities.
6417     (b)  By December 31, 2010, and bi-annually thereafter, the
6418Agency for Enterprise Information Technology shall submit to the
6419Legislature recommendations for reducing energy consumption and
6420improving the energy efficiency of state data centers.
6421     (3)  The primary means of achieving maximum energy savings
6422across all state data centers and computing facilities shall be
6423the consolidation of data centers and computing facilities as
6424determined by the Agency for Enterprise Information Technology.  
6425State data centers and computing facilities in the state data
6426center system shall be established as an enterprise information
6427technology service as defined in s. 282.0041. The Agency for
6428Enterprise Information Technology shall make recommendations on
6429consolidating state data centers and computing facilities,
6430pursuant to s. 282.0056, by December 31, 2009.
6431     (4)  When the total cost of ownership of an energy-
6432efficient product is less than or equal to the cost of the
6433existing data center facility or infrastructure, technical
6434specifications for energy-efficient products should be
6435incorporated in the plans and processes for replacing,
6436upgrading, or expanding data center facilities or
6437infrastructure, including, but not limited to, network, storage,
6438or computer equipment and software.
6439     Section 112.  Section 1004.648, Florida Statutes, is
6440created to read:
6441     1004.648  Florida Energy Systems Consortium.--
6442     (1)  There is created the Florida Energy Systems Consortium
6443to promote collaboration among experts in the State University
6444System for the purposes of sharing energy-related expertise and
6445assisting in the development and implementation of a
6446comprehensive, long-term, environmentally compatible,
6447sustainable, and efficient energy strategic plan for the state.
6448     (2)  The consortium shall focus on the research and
6449development of innovative energy systems that will lead to
6450alternative energy strategies, improved energy efficiencies, and
6451expanded economic development for the state.
6452     (3)  The consortium shall consist of the state universities
6453as identified under s. 1000.21(6).
6454     (4)  The consortium shall be administered at the University
6455of Florida by a director who shall be appointed by the President
6456of the University of Florida.
6457     (5)  The director, whose office shall be located at the
6458University of Florida, shall report to the Florida Energy and
6459Climate Commission created pursuant to s. 377.6015.
6460     (6)  The oversight board shall consist of the Vice
6461President for Research or other appropriate representative
6462appointed by the university president of each member of the
6463consortium.
6464     (7)  The oversight board shall be responsible for the
6465technical performance and financial management of the
6466consortium.
6467     (8)  In performing its responsibilities, the consortium
6468shall collaborate with the oversight board and may also
6469collaborate with industry and other affected parties.
6470     (9)  Through collaborative research and development across
6471the State University System and the industry, the goal of the
6472consortium is to become a world leader in energy research,
6473education, technology, and energy systems analysis. In so doing,
6474the consortium shall:
6475     (a)  Coordinate and initiate increased collaborative
6476interdisciplinary energy research among the universities and the
6477energy industry.
6478     (b)  Assist in the creation and development of a Florida-
6479based energy technology industry through efforts that would
6480expedite commercialization of innovative energy technologies by
6481taking advantage of the energy expertise within the State
6482University System, high-technology incubators, industrial parks,
6483and industry-driven research centers.
6484     (c)  Provide a state resource for objective energy systems
6485analysis.
6486     (d)  Develop education and outreach programs to prepare a
6487qualified energy workforce and informed public. Specifically,
6488the faculty associated with the consortium shall coordinate a
6489statewide workforce development initiative focusing on college-
6490level degrees, technician training, and public and commercial
6491sectors awareness. The consortium shall develop specific
6492programs targeted at preparing graduates who have a background
6493in energy, continuing education courses for technical and
6494nontechnical professionals, and modules, laboratories, and
6495courses to be shared among the universities. Additionally, the
6496consortium shall work with the Florida Community College System
6497using the Florida Advanced Technological Education Center for
6498the coordination and design of industry-specific training
6499programs for technicians.
6500     (10)  The consortium shall solicit and leverage state,
6501federal, and private funds for the purpose of conducting
6502education, research, and development in the area of sustainable
6503energy.
6504     (11)  The oversight board, in consultation with the Florida
6505Energy and Climate Commission, shall ensure that the consortium:
6506     (a)  Maintains accurate records of any funds received by
6507the consortium.
6508     (b)  Meets financial and technical performance
6509expectations, which may include external technical reviews as
6510required.
6511     (12)  The steering committee shall consist of the
6512university representatives included in the Centers of Excellence
6513proposals for the Florida Energy Systems Consortium and the
6514Center of Excellence in Ocean Energy Technology-Phase II which
6515were reviewed during the 2007-2008 fiscal year by the Florida
6516Technology, Research, and Scholarship Board created in s.
65171004.226(4); a university representative appointed by the
6518President of Florida International University; and the Florida
6519Energy and Climate Commission. The steering committee shall be
6520responsible for establishing and ensuring the success of the
6521consortium's mission under subsection (9).
6522     (13)  By November 1 of each year, the consortium shall
6523submit an annual report to the Governor, the President of the
6524Senate, the Speaker of the House of Representatives, and the
6525Florida Energy and Climate Commission regarding its activities,
6526including, but not limited to, education and research related
6527to, and the development and deployment of, alternative energy
6528technologies.
6529     Section 113.  Woody biomass economic study.--The Department
6530of Agriculture and Consumer Services, in conjunction with the
6531Department of Environmental Protection, shall conduct an
6532economic impact analysis on the effects of granting financial
6533incentives to energy producers who use woody biomass as fuel,
6534including an analysis of effects on wood supply and prices and
6535impacts on current markets and forest sustainability. The
6536departments shall prepare and submit a report on the results of
6537the analysis to the Governor, the President of the Senate, and
6538the Speaker of the House of Representatives no later than March
65391, 2010.
6540     Section 114.  The Public Service Commission shall analyze
6541utility revenue decoupling and provide a report and
6542recommendations to the Governor, the President of the Senate,
6543and the Speaker of the House of Representatives by January 1,
65442009.
6545     Section 115.  Motor vehicle emissions standards.--If the
6546Department of Environmental Protection proposes to adopt the
6547California motor vehicle emission standards, such standards
6548shall not be implemented until ratified by the Legislature. If
6549the department proposes to modify its rule adopting the
6550California motor vehicle emission standards, such rule
6551modifications shall not be implemented until ratified by the
6552Legislature.
6553     Section 116.  The Department of Education and the
6554Department of Environmental Protection shall, in coordination
6555with representatives of the business community, the
6556environmental community, and the energy community, develop a
6557program to provide awards or recognition for outstanding efforts
6558or achievements concerning conservation, reductions in energy
6559and water use, green cleaning solutions, green pest management,
6560recycling efforts, and curriculum development that is consistent
6561with efforts that enhance the quality of education while
6562preserving the environment. Entities that are eligible for such
6563an award or recognition include students, classes, teachers,
6564schools, or district school boards. The Legislature encourages
6565the Department of Education and the Department of Environmental
6566Protection to form partnerships with the private sector to help
6567fund the program.
6568     Section 117. Section 377.901, Florida Statutes, is
6569repealed.
6570     Section 118.  Except as otherwise expressly provided in
6571this act, this act shall take effect July 1, 2008.


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