Bill Text: FL H1119 | 2011 | Regular Session | Introduced

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Bill Title: Local Government Energy Zones

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1119 Detail]

Download: Florida-2011-H1119-Introduced.html

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HB 1119

1	A bill to be entitled
2	An act relating to local government energy zones; defining
3	terms; authorizing a local government to create an energy
4	zone by ordinance; authorizing retail sales by any
5	producer of renewable energy within an energy zone;
6	requiring utilities to offer a disconnectable rate
7	structure for any service to a producer and the producer's
8	customers within the boundaries of an energy zone;
9	providing for waiver of certain fees; requiring the Public
10	Service Commission to adopt rules to govern sales by
11	producers of renewable energy within the local government
12	energy zone; providing that a disconnectable rate
13	structure voids a specified concern; requiring that the
14	commission submit reports to the Legislature; amending s.
15	366.02, F.S.; redefining a term to exempt producers and
16	sellers of renewable energy from economic regulation by
17	the Public Service Commission; providing an effective
18	date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Local government energy zones.-
23	(1)  As used in this section, the term:
24	(a)  "Local government" means a county or a municipality.
25	(b)  "New customer" means a residential or business
26	location at which no previous sales of electricity have occurred
27	which are unrelated to development or construction of the
28	property.
29	(c)  "Renewable energy" has the same meaning as provided in
30	s. 366.91, Florida Statutes.
31	(2)  A local government may adopt an ordinance establishing
32	an energy zone within its political or geographic boundaries.
33	Within this energy zone, any producer of renewable energy may
34	sell renewable energy to any new customer directly at retail for
35	any price agreed upon. All renewable energy sold under this
36	section must be produced and used within the boundaries of the
37	energy zone or net metered into the grid of the utility that
38	serves the energy zone at established renewable energy rates.
39	The utility that serves the energy zone shall offer a
40	disconnectable rate structure for any service to a producer and
41	the producer's customers within the boundaries of the energy
42	zone. All producers of renewable energy sold pursuant to this
43	section must pay the utility that serves the energy zone 1 1/2
44	cents per kilowatt hour of renewable energy produced and sold
45	unless the utility services to a producer and the producer's
46	customers are on a utility-controlled disconnectable rate
47	structure, in which case the payment of 1 1/2 cents per kilowatt
48	hour is waived.
49	(3)  The Florida Public Service Commission shall adopt
50	rules to govern sales made pursuant to this section, and all
51	sales of renewable energy within an energy zone are subject to
52	the rules. When adopting such rules, the commission must
53	establish, at a minimum:
54	(a)  Requirements related to interconnection and metering.
55	(b)  A mechanism for setting rates for any service provided
56	to the consumer by the utility if such service is required by
57	the consumer, which rates must ensure that the utility's general
58	body of ratepayers does not subsidize the consumer in any way,
59	including the creation of any redundant utility generating
60	capacity necessary to serve the consumer. A utility-controlled
61	disconnectable rate structure for any service to the producer
62	and the producer's customers within the boundaries of an energy
63	zone voids the concern of redundant utility generating capacity.
64	(c)  Requirements for notice to the commission of the size
65	and location of each renewable energy generation facility
66	planned under this section, the identity and historical and
67	projected load characteristics for the facility, and any other
68	information deemed necessary by the commission to satisfy its
69	obligations under s. 366.04(5), Florida Statutes.
70	(4)  Beginning January 1, 2012, and at least once every 6
71	months thereafter, the commission shall submit a report to the
72	Legislature concerning the activity under this section. The
73	report must address the effect of such activity on the electric
74	power grid of the state, the individual utility systems, and
75	each utility's general body of ratepayers. The report must also
76	include recommendations concerning implementation of this
77	program.
78	Section 2.  Subsection (1) of section 366.02, Florida
79	Statutes, is amended to read:
80	366.02  Definitions.-As used in this chapter:
81	(1)  "Public utility" means every person, corporation,
82	partnership, association, or other legal entity and their
83	lessees, trustees, or receivers supplying electricity or gas,
84	whether (natural, manufactured, or similar gaseous substance,)
85	to or for the public within this state.; but The term "public
86	utility" does not include: either
87	(a)  A cooperative now or hereafter organized and existing
88	under the Rural Electric Cooperative Law of the state.;
89	(b)  A municipality or any agency thereof.;
90	(c)  Any dependent or independent special natural gas
91	district.;
92	(d)  Any natural gas transmission pipeline company making
93	only sales or transportation delivery of natural gas at
94	wholesale and to direct industrial consumers.;
95	(e)  Any entity selling or arranging for sales of natural
96	gas which neither owns nor operates natural gas transmission or
97	distribution facilities within the state.; or
98	(f)  A person supplying liquefied petroleum gas, in either
99	liquid or gaseous form, irrespective of the method of
100	distribution or delivery, or owning or operating facilities
101	beyond the outlet of a meter through which natural gas is
102	supplied for compression and delivery into motor vehicle fuel
103	tanks or other transportation containers, unless the such person
104	also supplies electricity or manufactured or natural gas.
105	(g)  A producer and seller of renewable energy under
106	section 1 of this act.
107	Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.