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Florida Senate - 2008 PROPOSED COMMITTEE SUBSTITUTE

Bill No. SB 560

298066

CA.CA.04497

Proposed Committee Substitute by the Committee on Community

Affairs - energy element version

1

A bill to be entitled

2

An act relating to energy efficiency and conservation;

3

amending s. 163.04, F.S.; revising provisions

4

authorizing the use of solar collectors and other

5

energy devices; providing for the installation of solar

6

collectors on certain condominium roofs; amending s.

7

163.3177, F.S.; revising requirements for the future

8

land use element of a local comprehensive plan to

9

include energy-efficient land use patterns; requiring

10

that the traffic-circulation element of a local

11

comprehensive plan incorporate transportation

12

strategies to reduce greenhouse gas emissions;

13

requiring each unit of local government within an

14

urbanized area to amend the transportation element of a

15

local comprehensive plan to incorporate transportation

16

strategies addressing reduction in greenhouse gas

17

emissions; requiring local governments to adopt an

18

energy element by January, 2011, as part of a local

19

comprehensive plan; amending s. 553.73, F.S.; expanding

20

required codes to be included in Florida Building Code

21

updates; amending s. 553.74., F.S.; revising

22

requirements for selecting members of the commission;

23

revising membership of the commission; amending s.

24

553.77, F.S.; authorizing the Florida Building

25

Commission to implement recommendations relating to

26

energy efficiency in residential and commercial

27

buildings; creating s. 553.886, F.S.; requiring that

28

the Florida Building Code facilitate and promote the

29

use of certain renewable energy technologies in

30

buildings; creating s. 553.9061, F.S.; establishing a

31

schedule of required increases in the energy

32

performance of buildings subject to the Florida

33

Building Code; providing a process for implementing

34

goals to increase energy-efficiency performance in new

35

buildings; providing a schedule for the implementation

36

of such goals; identifying energy-efficiency

37

performance options and elements available to meet

38

energy-efficiency performance requirements; providing a

39

schedule for the review and adoption of renewable

40

energy-efficiency goals by the commission; requiring

41

the commission to conduct a study to evaluate the

42

energy-efficiency rating of new buildings and

43

appliances; requiring the commission to submit a report

44

to the President of the Senate and the Speaker of the

45

House of Representatives on or before a specified date;

46

requiring the commission to conduct a study to evaluate

47

opportunities to restructure the Florida Energy Code

48

for Building Construction, including the integration of

49

the Thermal Efficiency Code, the Energy Conservation

50

Standards Act, and the Florida Building Energy-

51

Efficiency Rating Act; requiring the commission to

52

submit a report to the President of the Senate and the

53

Speaker of the House of Representatives on or before a

54

specified date; directing the Department of Community

55

Affairs, in conjunction with the Florida Energy

56

Affordability Council, to identify and review issues

57

relating to the Low-Income Home Energy Assistance

58

Program and the Weatherization Assistance Program;

59

requiring the submission of a report to the President

60

of the Senate and the Speaker of the House of

61

Representatives on or before a specified date;

62

providing for the expiration of certain study

63

requirements; repealing s. 553.731 F.S.; relating to

64

wind-borne debris protection requirements; providing an

65

effective date.

66

67

Be It Enacted by the Legislature of the State of Florida:

68

69

     Section 1.  Subsection (2) of section 163.04, Florida

70

Statutes, is amended to read:

71

     163.04  Energy devices based on renewable resources.--

72

     (2) A deed restriction, covenant, declaration, or similar

73

binding agreement may not No deed restrictions, covenants, or

74

similar binding agreements running with the land shall prohibit

75

or have the effect of prohibiting solar collectors, clotheslines,

76

or other energy devices based on renewable resources from being

77

installed on buildings erected on the lots or parcels covered by

78

the deed restriction, covenant, declaration, or binding agreement

79

restrictions, covenants, or binding agreements. A property owner

80

may not be denied permission to install solar collectors or other

81

energy devices based on renewable resources by any entity granted

82

the power or right in any deed restriction, covenant,

83

declaration, or similar binding agreement to approve, forbid,

84

control, or direct alteration of property with respect to

85

residential dwellings including condominiums. not exceeding three

86

stories in height. For purposes of this subsection, Such entity

87

may determine the specific location where solar collectors may be

88

installed on the roof within an orientation to the south or

89

within 45° east or west of due south if provided that such

90

determination does not impair the effective operation of the

91

solar collectors. Solar collectors may be installed on a

92

condominium roof that is considered a common element of the

93

condominium association.

94

     Section 2.  Paragraphs (a), (b), and (j) of subsection 6 of

95

section 163.3177, Florida Statutes, are amended and paragraph (l)

96

is added to that section, to read:

97

     163.3177  Required and optional elements of comprehensive

98

plan; studies and surveys.--

99

     (6)  In addition to the requirements of subsections (1)-(5)

100

and (12), the comprehensive plan shall include the following

101

elements:

102

     (a)  A future land use plan element designating proposed

103

future general distribution, location, and extent of the uses of

104

land for residential uses, commercial uses, industry,

105

agriculture, recreation, conservation, education, public

106

buildings and grounds, other public facilities, and other

107

categories of the public and private uses of land. Counties are

108

encouraged to designate rural land stewardship areas, pursuant to

109

the provisions of paragraph (11)(d), as overlays on the future

110

land use map. Each future land use category must be defined in

111

terms of uses included, and must include standards to be followed

112

in the control and distribution of population densities and

113

building and structure intensities. The proposed distribution,

114

location, and extent of the various categories of land use shall

115

be shown on a land use map or map series which shall be

116

supplemented by goals, policies, and measurable objectives. The

117

future land use plan shall be based upon surveys, studies, and

118

data regarding the area, including the amount of land required to

119

accommodate anticipated growth; the projected population of the

120

area; the character of undeveloped land; the availability of

121

water supplies, public facilities, and services; the need for

122

redevelopment, including the renewal of blighted areas and the

123

elimination of nonconforming uses which are inconsistent with the

124

character of the community; the compatibility of uses on lands

125

adjacent to or closely proximate to military installations; the

126

discouragement of urban sprawl; energy-efficient land use

127

patterns; and, in rural communities, the need for job creation,

128

capital investment, and economic development that will strengthen

129

and diversify the community's economy. The future land use plan

130

may designate areas for future planned development use involving

131

combinations of types of uses for which special regulations may

132

be necessary to ensure development in accord with the principles

133

and standards of the comprehensive plan and this act. The future

134

land use plan element shall include criteria to be used to

135

achieve the compatibility of adjacent or closely proximate lands

136

with military installations. In addition, for rural communities,

137

the amount of land designated for future planned industrial use

138

shall be based upon surveys and studies that reflect the need for

139

job creation, capital investment, and the necessity to strengthen

140

and diversify the local economies, and shall not be limited

141

solely by the projected population of the rural community. The

142

future land use plan of a county may also designate areas for

143

possible future municipal incorporation. The land use maps or map

144

series shall generally identify and depict historic district

145

boundaries and shall designate historically significant

146

properties meriting protection. For coastal counties, the future

147

land use element must include, without limitation, regulatory

148

incentives and criteria that encourage the preservation of

149

recreational and commercial working waterfronts as defined in s.

150

342.07. The future land use element must clearly identify the

151

land use categories in which public schools are an allowable use.

152

When delineating the land use categories in which public schools

153

are an allowable use, a local government shall include in the

154

categories sufficient land proximate to residential development

155

to meet the projected needs for schools in coordination with

156

public school boards and may establish differing criteria for

157

schools of different type or size. Each local government shall

158

include lands contiguous to existing school sites, to the maximum

159

extent possible, within the land use categories in which public

160

schools are an allowable use. The failure by a local government

161

to comply with these school siting requirements will result in

162

the prohibition of the local government's ability to amend the

163

local comprehensive plan, except for plan amendments described in

164

s. 163.3187(1)(b), until the school siting requirements are met.

165

Amendments proposed by a local government for purposes of

166

identifying the land use categories in which public schools are

167

an allowable use are exempt from the limitation on the frequency

168

of plan amendments contained in s. 163.3187. The future land use

169

element shall include criteria that encourage the location of

170

schools proximate to urban residential areas to the extent

171

possible and shall require that the local government seek to

172

collocate public facilities, such as parks, libraries, and

173

community centers, with schools to the extent possible and to

174

encourage the use of elementary schools as focal points for

175

neighborhoods. For schools serving predominantly rural counties,

176

defined as a county with a population of 100,000 or fewer, an

177

agricultural land use category shall be eligible for the location

178

of public school facilities if the local comprehensive plan

179

contains school siting criteria and the location is consistent

180

with such criteria. Local governments required to update or amend

181

their comprehensive plan to include criteria and address

182

compatibility of adjacent or closely proximate lands with

183

existing military installations in their future land use plan

184

element shall transmit the update or amendment to the department

185

by June 30, 2006.

186

     (b)  A traffic circulation element consisting of the types,

187

locations, and extent of existing and proposed major

188

thoroughfares and transportation routes, including bicycle and

189

pedestrian ways. Transportation corridors, as defined in s.

190

334.03, may be designated in the traffic circulation element

191

pursuant to s. 337.273. If the transportation corridors are

192

designated, the local government may adopt a transportation

193

corridor management ordinance. The traffic circulation element

194

shall incorporate transportation strategies to address reduction

195

in greenhouse gas emissions from the transportation sector.

196

     (j)  For each unit of local government within an urbanized

197

area designated for purposes of s. 339.175, a transportation

198

element, which shall be prepared and adopted in lieu of the

199

requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

200

and (d) and which shall address the following issues:

201

     1.  Traffic circulation, including major thoroughfares and

202

other routes, including bicycle and pedestrian ways.

203

     2.  All alternative modes of travel, such as public

204

transportation, pedestrian, and bicycle travel.

205

     3.  Parking facilities.

206

     4.  Aviation, rail, seaport facilities, access to those

207

facilities, and intermodal terminals.

208

     5.  The availability of facilities and services to serve

209

existing land uses and the compatibility between future land use

210

and transportation elements.

211

     6.  The capability to evacuate the coastal population prior

212

to an impending natural disaster.

213

     7.  Airports, projected airport and aviation development,

214

and land use compatibility around airports.

215

     8.  An identification of land use densities, building

216

intensities, and transportation management programs to promote

217

public transportation systems in designated public transportation

218

corridors so as to encourage population densities sufficient to

219

support such systems.

220

     9.  May include transportation corridors, as defined in s.

221

334.03, intended for future transportation facilities designated

222

pursuant to s. 337.273. If transportation corridors are

223

designated, the local government may adopt a transportation

224

corridor management ordinance.

225

     10. The transportation element shall incorporate

226

transportation strategies to address reduction in greenhouse gas

227

emissions from the transportation sector.

228

      (l) By January 1, 2011, an energy element consisting of

229

existing and future electric power generation and transmission

230

systems. Additionally, the energy element must address efforts to

231

encourage the following:

232

     1. Energy Conservation,

233

     2. Energy efficiency,

234

     3. Use of renewable energy resources, and

235

     4. Greenhouse gas reduction strategies.

236

     Section 3.  Paragraph (a) of subsection (6) of section

237

553.73, Florida Statutes, is amended to read:

238

     553.73  Florida Building Code.--

239

     (6)(a)  The commission, by rule adopted pursuant to ss.

240

120.536(1) and 120.54, shall update the Florida Building Code

241

every 3 years. When updating the Florida Building Code, the

242

commission shall select the most current version of the

243

International Building Code, the International Fuel Gas Code, the

244

International Mechanical Code, the International Plumbing Code,

245

the International Energy Conservation Code, and the International

246

Residential Code, all of which are adopted by the International

247

Code Council, and the National Electrical Code, which is adopted

248

by the National Fire Protection Association, to form the

249

foundation codes of the updated Florida Building Code, if the

250

version has been adopted by the applicable model code entity and

251

made available to the public at least 6 months prior to its

252

selection by the commission.

253

     Section 4.  Subsection (1) of section 553.74, Florida

254

Statutes, is amended to read:

255

     553.74  Florida Building Commission.--

256

     (1)  The Florida Building Commission is created and shall be

257

located within the Department of Community Affairs for

258

administrative purposes. Members shall be appointed by the

259

Governor subject to confirmation by the Senate. The commission

260

shall be composed of 23 members, consisting of the following:

261

     (a)  One architect registered to practice in this state and

262

actively engaged in the profession. The American Institute of

263

Architects, Florida Section, is encouraged to recommend a list of

264

candidates for consideration.

265

     (b)  One structural engineer registered to practice in this

266

state and actively engaged in the profession. The Florida

267

Engineering Society is encouraged to recommend a list of

268

candidates for consideration.

269

     (c)  One air-conditioning or mechanical contractor certified

270

to do business in this state and actively engaged in the

271

profession. The Florida Air Conditioning Contractors Association

272

and the Florida Refrigeration and Air Conditioning Contractors

273

Association are encouraged to recommend a list of candidates for

274

consideration.

275

     (d)  One electrical contractor certified to do business in

276

this state and actively engaged in the profession. The Florida

277

Electrical Contractors Association is encouraged to recommend a

278

list of candidates for consideration.

279

     (e)  One member from fire protection engineering or

280

technology who is actively engaged in the profession. The Florida

281

Chapter of the Society of Fire Protection Engineers and the

282

Florida Fire Marshals and Inspectors Association are encouraged

283

to recommend a list of candidates for consideration.

284

     (f)  One general contractor certified to do business in this

285

state and actively engaged in the profession. The Associated

286

Builders and Contractors of Florida and the Florida Associated

287

General Contractors Council are encouraged to recommend a list of

288

candidates for consideration.

289

     (g)  One plumbing contractor licensed to do business in this

290

state and actively engaged in the profession. The Florida

291

Association of Plumbing, Heating, and Cooling Contractors is

292

encouraged to recommend a list of candidates for consideration.

293

     (h)  One roofing or sheet metal contractor certified to do

294

business in this state and actively engaged in the profession.

295

The Florida Roofing, Sheet Metal and Air Conditioning Contractors

296

Association is encouraged to recommend a list of candidates for

297

consideration.

298

     (i)  One residential contractor licensed to do business in

299

this state and actively engaged in the profession. The Florida

300

Home Builders Association is encouraged to recommend a list of

301

candidates for consideration.

302

     (j)  Three members who are municipal or district codes

303

enforcement officials, one of whom is also a fire official. The

304

Building Officials Association of Florida and the Florida Fire

305

Marshals and Inspectors Association are encouraged to recommend a

306

list of candidates for consideration.

307

     (k)  One member who represents the Department of Financial

308

Services.

309

     (l)  One member who is a county codes enforcement official.

310

The Building Officials Association of Florida is encouraged to

311

recommend a list of candidates for consideration.

312

     (m)  One member of a Florida-based organization of persons

313

with disabilities or a nationally chartered organization of

314

persons with disabilities with chapters in this state.

315

     (n)  One member of the manufactured buildings industry who

316

is licensed to do business in this state and is actively engaged

317

in the industry. The Florida Manufactured Housing Association is

318

encouraged to recommend a list of candidates for consideration.

319

     (o)  One mechanical or electrical engineer registered to

320

practice in this state and actively engaged in the profession.

321

The Florida Engineering Society is encouraged to recommend a list

322

of candidates for consideration.

323

     (p)  One member who is a representative of a municipality or

324

a charter county. The Florida League of Cities and Florida

325

Association of Counties are encouraged to recommend a list of

326

candidates for consideration.

327

     (q)  One member of the building products manufacturing

328

industry who is authorized to do business in this state and is

329

actively engaged in the industry. The Florida Building Material

330

Association, Florida Concrete and Products Association, and

331

Fenestration Manufacturers Association are encouraged to

332

recommend a list of candidates for consideration.

333

     (r)  One member who is a representative of the building

334

owners and managers industry who is actively engaged in

335

commercial building ownership or management. The Building Owners

336

and Managers Association is encouraged to recommend a list of

337

candidates for consideration.

338

     (s)  One member who is a representative of the insurance

339

industry. The Florida Insurance Council is encouraged to

340

recommend a list of candidates for consideration.

341

     (t)  One member who is a representative of public education.

342

     (u) One member who is a swimming pool contractor licensed

343

to do business in this state and actively engaged in the

344

profession. The Florida Swimming Pool Association is encouraged

345

to recommend a list of candidates for consideration who shall be

346

the chair.

347

348

One of the 23 members shall be designated the chair of the

349

commission. Any person serving on the commission under paragraph

350

(c) or paragraph (h) on October 1, 2003, and who has served less

351

than two full terms is eligible for reappointment to the

352

commission regardless of whether he or she meets the new

353

qualification.

354

     Section 5.  Present subsection (5) of section 553.77,

355

Florida Statutes, is renumbered as subsection (6), and a new

356

subsection (5) is added to that section, to read:

357

     553.77  Specific powers of the commission.--

358

     (5) The commission may implement its recommendations

359

delivered pursuant to subsection (2) of section 48 of chapter

360

2007-73, Laws of Florida, by amending the Florida Energy

361

Efficiency Code for Building Construction as provided in s.

362

553.901.

363

     Section 6.  Section 553.886, Florida Statutes, is created to

364

read:

365

     553.886 Energy-efficiency technologies.--The provisions of

366

the Florida Building Code must facilitate and promote the use of

367

cost-effective energy conservation, energy-demand management, and

368

renewable energy technologies in buildings.

369

     Section 7.  Section 553.9061, Florida Statutes, is created

370

to read:

371

     553.9061 Scheduled increases in thermal efficiency

372

standards.--

373

     (1) This section establishes a schedule of required

374

increases in the energy-efficiency performance of buildings that

375

are subject to the requirements for energy efficiency as

376

contained in the current edition of the Florida Building Code.

377

The Florida Building Commission shall implement the following

378

energy-efficiency goals using the triennial code-adoption process

379

established for updates to the Florida Building Code in s.

380

553.73:

381

     (a) Include requirements in the 2010 edition of the Florida

382

Building Code to increase the energy-efficiency performance of

383

new buildings by at least 20 percent as compared to the

384

performance achieved as a result of the implementation of the

385

energy-efficiency provisions contained in the current edition of

386

the Florida Building Code;

387

     (b) Include requirements in the 2013 edition of the Florida

388

Building Code to increase the energy-efficiency performance of

389

new buildings by at least 30 percent as compared to the

390

performance achieved as a result of the implementation of the

391

energy-efficiency provisions contained in the current edition of

392

the Florida Building Code;

393

     (c) Include requirements in the 2016 edition of the Florida

394

Building Code to increase the energy-efficiency performance of

395

new buildings by at least 40 percent as compared to the

396

performance achieved as a result of the implementation of the

397

energy-efficiency provisions contained in the current edition of

398

the Florida Building Code; and

399

     (d) Include requirements in the 2019 edition of the Florida

400

Building Code to increase the energy-efficiency performance of

401

new buildings by at least 50 percent as compared to the

402

performance achieved as a result of the implementation of the

403

energy-efficiency provisions contained in the current edition of

404

the Florida Building Code.

405

     (2) The commission shall identify in any code-support and

406

compliance documentation the specific building options and

407

elements available to meet the energy-efficiency performance

408

requirements required under subsection (1). Energy-efficiency

409

performance options and elements include, but are not limited to:

410

     (a) Solar water heating;

411

     (b) Energy-efficient appliances;

412

     (c) Energy-efficient windows, doors, and skylights;

413

     (d) Low solar-absorption roofs, also known as "cool roofs";

414

     (e) Enhanced ceiling and wall insulation;

415

     (f) Reduced-leak duct systems;

416

     (g) Programmable thermostats; and

417

     (h) Energy-efficient lighting systems.

418

     (3) The Florida Energy Commission shall review the energy-

419

efficiency goals established in subsection (1) at least once

420

every 3 years, and such review must be completed before the

421

triennial code-adoption process established in s. 553.73.

422

     Section 8. (1) The Florida Building Commission shall

423

conduct a study to evaluate the energy-efficiency rating of new

424

buildings and appliances. The study must include a review of the

425

current energy-efficiency ratings and consumer labeling

426

requirements contained in chapter 553, Florida Statutes. The

427

commission shall submit a written report of its study to the

428

President of the Senate and the Speaker of the House of

429

Representatives on or before February 1, 2009. The report must

430

contain the commission's recommendations regarding the

431

strengthening and integration of energy-efficiency ratings and

432

labeling requirements.

433

     (2) The provisions of this section expire July 1, 2009.

434

     Section 9. (1) The Florida Building Commission shall

435

conduct a study to evaluate opportunities to restructure the

436

Florida Energy Efficiency Code for Building Construction to

437

achieve long-range improvements to building energy performance.

438

During such study, the commission shall address the integration

439

of the Thermal Efficiency Code established in part V of chapter

440

553, Florida Statutes, the Energy Conservation Standards Act

441

established in part VI of chapter 553, Florida Statutes, and the

442

Florida Building Energy-Efficiency Rating Act established in part

443

VIII of chapter 553, Florida Statutes.

444

     (2) The commission shall submit a report containing

445

specific recommendations on the integration of the code and acts

446

identified in subsection (1) to the President of the Senate and

447

the Speaker of the House of Representatives on or before February

448

1, 2009.

449

     (3) The provisions of this section expire July 1, 2009.

450

     Section 10. (1) The Department of Community Affairs, in

451

conjunction with the Florida Energy Affordability Coalition,

452

shall identify and review issues relating to the Low-Income Home

453

Energy Assistance Program and the Weatherization Assistance

454

Program, and identify recommendations that:

455

     (a) Support customer health, safety, and well-being;

456

     (b) Maximize available financial and energy-conservation

457

assistance;

458

     (c) Improve the quality of service to customers seeking

459

assistance; and

460

     (d) Educate customers to make informed decisions regarding

461

energy use and conservation.

462

     (2) On or before January 1, 2009, the department shall

463

report its findings and any recommended statutory changes

464

required to implement such findings to the President of the

465

Senate and the Speaker of the House of Representatives.

466

     (3) The provisions of this section expire July 1, 2009.

467

     Section 11. Section 553.731, Florida Statutes, is repealed.

468

     Section 12.  This act shall take effect July 1, 2008.

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