Bill Text: FL S1624 | 2024 | Regular Session | Comm Sub
Bill Title: Energy Resources
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/HB 1645 [S1624 Detail]
Download: Florida-2024-S1624-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 1624
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Regulated Industries; and
Senator Collins
601-03513-24 20241624c2
1 A bill to be entitled
2 An act relating to energy resources; creating s.
3 163.3210, F.S.; providing legislative intent; defining
4 terms; providing that resilience facilities are a
5 permitted use in certain land use categories in local
6 government comprehensive plans and specified districts
7 if certain criteria are met; authorizing local
8 governments to adopt ordinances specifying certain
9 requirements for resiliency facilities if such
10 ordinances meet certain requirements; prohibiting
11 amendments after a specified date to a local
12 government’s comprehensive plan, land use map, zoning
13 districts, or land development regulations if such
14 amendments would conflict with resiliency facility
15 classification; amending s. 286.29, F.S.; revising
16 energy guidelines for public businesses; eliminating
17 the requirement that the Department of Management
18 Services develop and maintain the Florida Climate
19 Friendly Preferred Products List; deleting the
20 requirement that state agencies contract for meeting
21 and conference space only with facilities that have a
22 Green Lodging designations; deleting the requirement
23 that state agencies, state universities, community
24 colleges, and local governments that procure new
25 vehicles under a state purchasing plan select certain
26 vehicles under a specified circumstance; requiring the
27 Department of Management Services to develop a Florida
28 Humane Preferred Energy Products List in consultation
29 with the Department of Commerce and the Department of
30 Agriculture and Consumer Services; providing
31 assessment requirements developing the list; defining
32 the term “forced labor”; requiring state agencies and
33 political subdivisions that procure energy products
34 from state term contracts to consult the list and
35 purchase or procure such products; prohibiting state
36 agencies and political subdivisions from purchasing or
37 procuring products not included on the list; amending
38 s. 366.032, F.S.; including development districts as a
39 type of political subdivision for purposes of
40 preemption over utility service restrictions; creating
41 s. 366.042, F.S.; requiring electric cooperatives and
42 municipal electric utilities to enter into and
43 maintain at least one mutual aid agreement or pre
44 event agreement with certain entities for purposes of
45 restoring power after a natural disaster; requiring
46 electric cooperatives and municipal electric utilities
47 to annually submit attestations of compliance to the
48 Public Service Commission; requiring the commission to
49 compile the attestations and annually submit a copy of
50 such attestations to the Division of Emergency
51 Management; providing that the submission of such
52 attestations makes electric cooperatives and municipal
53 electric utilities eligible to receive state financial
54 assistance; providing that electric cooperatives and
55 municipal electric utilities that do not submit such
56 attestations are not eligible to receive state
57 financial assistance until such attestations are
58 submitted; providing construction; amending s. 366.94,
59 F.S.; removing terminology; authorizing the commission
60 to approve voluntary electric vehicle charging
61 programs upon petition of a public utility, to become
62 effective on or after a specified date, if certain
63 requirements are met; providing applicability;
64 creating s. 366.99, F.S.; defining terms; authorizing
65 public utilities to submit to the commission a
66 petition for a proposed cost recovery for certain
67 natural gas facilities relocation costs; requiring the
68 commission to conduct annual proceedings to determine
69 each utility’s prudently incurred natural gas
70 facilities relocation costs and to allow for the
71 recovery of such costs; providing requirements for the
72 commission’s review; providing requirements for the
73 allocation of such recovered costs; requiring the
74 commission to adopt rules; providing a timeframe for
75 such rulemaking; amending s. 377.601, F.S.; revising
76 legislative intent; amending s. 377.6015, F.S.;
77 revising the powers and duties of the Department of
78 Agriculture and Consumer Services; conforming
79 provisions to changes made by the act; amending s.
80 377.703, F.S.; revising additional functions of the
81 department relating to energy resources; conforming
82 provisions to changes made by the act; creating s.
83 377.708, F.S.; defining terms; prohibiting the
84 construction, operation, or expansion of certain wind
85 energy facilities and wind turbines in this state;
86 requiring the Department of Environmental Protection
87 to review applications for federal wind energy leases
88 in territorial waters of the United States adjacent to
89 waters of this state and signify its approval or
90 objection to such applications; authorizing the
91 department to seek injunctive relief for violations;
92 repealing ss. 377.801, 377.802, 377.803, 377.804,
93 377.808, 377.809, and 377.816, F.S., relating to the
94 Florida Energy and Climate Protection Act, the purpose
95 of the act, definitions under the act, the Renewable
96 Energy and Energy-Efficient Technologies Grants
97 Program, the Florida Green Government Grants Act, the
98 Energy Economic Zone Pilot Program, and the Qualified
99 Energy Conservation Bond Allocation Program,
100 respectively; prohibiting the approval of new or
101 additional applications, certifications, or
102 allocations under such programs; prohibiting new
103 contracts, agreements, and awards under such programs;
104 rescinding all certifications or allocations issued
105 under such programs; providing an exception; providing
106 applicability relating to existing contracts or
107 agreements under such programs; amending ss. 220.193,
108 288.9606, and 380.0651, F.S.; conforming provisions to
109 changes made by the act; amending s. 403.9405, F.S.;
110 revising the applicability of the Natural Gas
111 Transmission Pipeline Siting Act; amending s.
112 720.3075, F.S.; prohibiting certain homeowners’
113 association documents from precluding certain types or
114 fuel sources of energy production and the use of
115 certain appliances; defining the term “appliance”;
116 requiring the commission to conduct an assessment of
117 the security and resiliency of the state’s electric
118 grid and natural gas facilities against physical
119 threats and cyber threats; requiring the commission to
120 consult with the Division of Emergency Management and
121 the Florida Digital Service; requiring cooperation
122 from all operating facilities in the state relating to
123 such assessment; requiring the commission to submit by
124 a specified date a report of such assessment to the
125 Governor and the Legislature; providing additional
126 content requirements for such report; requiring the
127 commission to study and evaluate the technical and
128 economic feasibility of using advanced nuclear power
129 technologies to meet the electrical power needs of
130 this state; requiring the commission to research means
131 to encourage and foster the installation and use of
132 such technologies at military installations in
133 partnership with public utilities; requiring the
134 commission to consult with the Department of
135 Environmental Protection and the Division of Emergency
136 Management; requiring the commission to submit by a
137 specified date a report to the Governor and the
138 Legislature which contains its findings and any
139 additional recommendations for potential legislative
140 or administrative actions; requiring the Department of
141 Transportation, in consultation with the Office of
142 Energy within the Department of Agriculture and
143 Consumer Services, to study and evaluate the potential
144 development of hydrogen fueling infrastructure to
145 support hydrogen-powered vehicles; requiring the
146 Department of Transportation to submit by a specified
147 date a report to the Governor and the Legislature
148 which contains its findings and recommendations for
149 legislative or administrative actions that may
150 accommodate the future development of hydrogen fueling
151 infrastructure; providing an effective date.
152
153 Be It Enacted by the Legislature of the State of Florida:
154
155 Section 1. Section 163.3210, Florida Statutes, is created
156 to read:
157 163.3210 Natural gas resiliency and reliability
158 infrastructure.—
159 (1) It is the intent of the Legislature to maintain,
160 encourage, and ensure adequate and reliable fuel sources for
161 public utilities. The resiliency and reliability of fuel sources
162 for public utilities is critical to the state’s economy; the
163 ability of the state to recover from natural disasters; and the
164 health, safety, welfare, and quality of life of the residents of
165 the state.
166 (2) As used in this section, the term:
167 (a) “Natural gas” means all forms of fuel commonly or
168 commercially known or sold as natural gas, including compressed
169 natural gas and liquefied natural gas.
170 (b) “Natural gas reserve” means a facility that is capable
171 of storing and transporting and, when operational, actively
172 stores and transports a supply of natural gas.
173 (c) “Public utility” has the same meaning as defined in s.
174 366.02.
175 (d) “Resiliency facility” means a facility owned and
176 operated by a public utility for the purposes of assembling,
177 creating, holding, securing, or deploying natural gas reserves
178 for temporary use during a system outage or natural disaster.
179 (3) A resiliency facility is a permitted use in all
180 commercial, industrial, and manufacturing land use categories in
181 a local government comprehensive plan and all commercial,
182 industrial, and manufacturing districts. A resiliency facility
183 must comply with the setback and landscape criteria for other
184 similar uses. A local government may adopt an ordinance
185 specifying buffer and landscaping requirements for resiliency
186 facilities, provided such requirements do not exceed the
187 requirements for similar uses involving the construction of
188 other facilities that are permitted uses in commercial,
189 industrial, and manufacturing land use categories and zoning
190 districts.
191 (4) After July 1, 2024, a local government may not amend
192 its comprehensive plan, land use map, zoning districts, or land
193 development regulations in a manner that would conflict with a
194 resiliency facility’s classification as a permitted and
195 allowable use, including, but not limited to, an amendment that
196 causes a resiliency facility to be a nonconforming use,
197 structure, or development.
198 Section 2. Section 286.29, Florida Statutes, is amended to
199 read:
200 286.29 Energy guidelines for Climate-friendly public
201 business.—The Legislature recognizes the importance of
202 leadership by state government in the area of energy efficiency
203 and in reducing the greenhouse gas emissions of state government
204 operations. The following shall pertain to all state agencies
205 when conducting public business:
206 (1) The Department of Management Services shall develop the
207 “Florida Climate-Friendly Preferred Products List.” In
208 maintaining that list, the department, in consultation with the
209 Department of Environmental Protection, shall continually assess
210 products currently available for purchase under state term
211 contracts to identify specific products and vendors that offer
212 clear energy efficiency or other environmental benefits over
213 competing products. When procuring products from state term
214 contracts, state agencies shall first consult the Florida
215 Climate-Friendly Preferred Products List and procure such
216 products if the price is comparable.
217 (2) State agencies shall contract for meeting and
218 conference space only with hotels or conference facilities that
219 have received the “Green Lodging” designation from the
220 Department of Environmental Protection for best practices in
221 water, energy, and waste efficiency standards, unless the
222 responsible state agency head makes a determination that no
223 other viable alternative exists.
224 (1)(3) Each state agency shall ensure that all maintained
225 vehicles meet minimum maintenance schedules shown to reduce fuel
226 consumption, which include:
227 (a) Ensuring appropriate tire pressures and tread depth.;
228 (b) Replacing fuel filters and emission filters at
229 recommended intervals.;
230 (c) Using proper motor oils.; and
231 (d) Performing timely motor maintenance.
232
233 Each state agency shall measure and report compliance to the
234 Department of Management Services through the Equipment
235 Management Information System database.
236 (4) When procuring new vehicles, all state agencies, state
237 universities, community colleges, and local governments that
238 purchase vehicles under a state purchasing plan shall first
239 define the intended purpose for the vehicle and determine which
240 of the following use classes for which the vehicle is being
241 procured:
242 (a) State business travel, designated operator;
243 (b) State business travel, pool operators;
244 (c) Construction, agricultural, or maintenance work;
245 (d) Conveyance of passengers;
246 (e) Conveyance of building or maintenance materials and
247 supplies;
248 (f) Off-road vehicle, motorcycle, or all-terrain vehicle;
249 (g) Emergency response; or
250 (h) Other.
251
252 Vehicles described in paragraphs (a) through (h), when being
253 processed for purchase or leasing agreements, must be selected
254 for the greatest fuel efficiency available for a given use class
255 when fuel economy data are available. Exceptions may be made for
256 individual vehicles in paragraph (g) when accompanied, during
257 the procurement process, by documentation indicating that the
258 operator or operators will exclusively be emergency first
259 responders or have special documented need for exceptional
260 vehicle performance characteristics. Any request for an
261 exception must be approved by the purchasing agency head and any
262 exceptional performance characteristics denoted as a part of the
263 procurement process prior to purchase.
264 (2)(5) All state agencies shall use ethanol and biodiesel
265 blended fuels when available. State agencies administering
266 central fueling operations for state-owned vehicles shall
267 procure biofuels for fleet needs to the greatest extent
268 practicable.
269 (3)(a) The Department of Management Services shall, in
270 consultation with the Department of Commerce and the Department
271 of Agriculture and Consumer Services, develop a Florida Humane
272 Preferred Energy Products List. In developing the list, the
273 department must assess products currently available for purchase
274 under state term contracts that contain or consist of an energy
275 storage device with a capacity of greater than one kilowatt-hour
276 or that contain or consist of an energy generation device with a
277 capacity of greater than 500 watts and identify specific
278 products that appear to be largely made free from forced labor,
279 irrespective of the age of the worker. For purposes of this
280 subsection, the term “forced labor” means any work performed or
281 service rendered that is:
282 1. Obtained by intimidation, fraud, or coercion, including
283 by threat of serious bodily harm to, or physical restraint
284 against, a person, by means of a scheme intended to cause the
285 person to believe that if he or she does not perform such labor
286 or render such service, the person will suffer serious bodily
287 harm or physical restraint, or by means of the abuse or
288 threatened abuse of law or the legal process;
289 2. Imposed on the basis of a characteristic that has been
290 held by the United States Supreme Court or the Florida Supreme
291 Court to be protected against discrimination under the
292 Fourteenth Amendment to the United States Constitution or under
293 s. 2, Art. I of the State Constitution, including race, color,
294 national origin, religion, gender, or physical disability;
295 3. Not performed or rendered voluntarily by a person; or
296 4. In violation of the Child Labor Law or otherwise
297 performed or rendered through oppressive child labor.
298 (b) When procuring the types of energy products described
299 in paragraph (a) from state term contracts, state agencies and
300 political subdivisions shall first consult the Florida Humane
301 Preferred Energy Products List and may not purchase or procure
302 products not included in the list.
303 Section 3. Subsections (1), (2), and (5) of section
304 366.032, Florida Statutes, are amended to read:
305 366.032 Preemption over utility service restrictions.—
306 (1) A municipality, county, special district, development
307 district, or other political subdivision of the state may not
308 enact or enforce a resolution, ordinance, rule, code, or policy
309 or take any action that restricts or prohibits or has the effect
310 of restricting or prohibiting the types or fuel sources of
311 energy production which may be used, delivered, converted, or
312 supplied by the following entities to serve customers that such
313 entities are authorized to serve:
314 (a) A public utility or an electric utility as defined in
315 this chapter;
316 (b) An entity formed under s. 163.01 that generates, sells,
317 or transmits electrical energy;
318 (c) A natural gas utility as defined in s. 366.04(3)(c);
319 (d) A natural gas transmission company as defined in s.
320 368.103; or
321 (e) A Category I liquefied petroleum gas dealer or Category
322 II liquefied petroleum gas dispenser or Category III liquefied
323 petroleum gas cylinder exchange operator as defined in s.
324 527.01.
325 (2) Except to the extent necessary to enforce the Florida
326 Building Code adopted pursuant to s. 553.73 or the Florida Fire
327 Prevention Code adopted pursuant to s. 633.202, a municipality,
328 county, special district, development district, or other
329 political subdivision of the state may not enact or enforce a
330 resolution, an ordinance, a rule, a code, or a policy or take
331 any action that restricts or prohibits or has the effect of
332 restricting or prohibiting the use of an appliance, including a
333 stove or grill, which uses the types or fuel sources of energy
334 production which may be used, delivered, converted, or supplied
335 by the entities listed in subsection (1). As used in this
336 subsection, the term “appliance” means a device or apparatus
337 manufactured and designed to use energy and for which the
338 Florida Building Code or the Florida Fire Prevention Code
339 provides specific requirements.
340 (5) Any municipality, county, special district, development
341 district, or political subdivision charter, resolution,
342 ordinance, rule, code, policy, or action that is preempted by
343 this act that existed before or on July 1, 2021, is void.
344 Section 4. Section 366.042, Florida Statutes, is created to
345 read:
346 366.042 Mutual aid agreements of electric cooperatives and
347 municipal electric utilities.—
348 (1) For the purposes of restoring power following a natural
349 disaster that is subject to a state of emergency declared by the
350 Governor, all electric cooperatives and municipal electric
351 utilities shall enter into and maintain, at a minimum, one of
352 the following:
353 (a) A mutual aid agreement with a municipal electric
354 utility;
355 (b) A mutual aid agreement with an electric cooperative;
356 (c) A mutual aid agreement with a public utility; or
357 (d) A pre-event agreement with a private contractor.
358 (2) All electric cooperatives and municipal electric
359 utilities operating in this state shall annually submit to the
360 commission an attestation, in conformity with s. 92.525, stating
361 that the organization has complied with the requirements of this
362 section on or before May 15. Nothing in this section shall be
363 construed to give the commission jurisdiction over the terms and
364 conditions of a mutual aid agreement or agreement with a private
365 contractor entered into by an electric cooperative or a
366 municipal electric utility.
367 (3) The commission shall compile the attestations and
368 annually submit a copy to the Division of Emergency Management
369 no later than May 30.
370 (4) An electric cooperative or municipal electric utility
371 that submits the attestation required by this section is
372 eligible to receive state financial assistance, if such funding
373 is available, for power restoration efforts following a natural
374 disaster that is subject to a state of emergency declared by the
375 Governor.
376 (5) An electric cooperative or municipal electric utility
377 that does not submit an attestation required by this section is
378 ineligible to receive state financial assistance for power
379 restoration efforts following a natural disaster that is subject
380 to a state of emergency declared by the Governor, until such
381 time as the attestation is submitted.
382 (6) Nothing in this section shall be construed to prohibit,
383 limit, or disqualify an electric cooperative or municipal
384 electric utility from receiving funding under The Stafford Act,
385 42 U.S.C. 5121 et seq., or any other federal program, including
386 programs administered by the state.
387 (7) This section does not expand or alter the jurisdiction
388 of the commission over public utilities or electric utilities.
389 Section 5. Subsection (4) is added to section 366.94,
390 Florida Statutes, to read:
391 366.94 Electric vehicle charging stations.—
392 (4) Upon petition of a public utility, the commission may
393 approve voluntary electric vehicle charging programs to become
394 effective on or after January 1, 2025, to include, but not be
395 limited to, residential, fleet, and public electric vehicle
396 charging, upon a determination by the commission that the
397 utility’s general body of ratepayers, as a whole, will not pay
398 to support recovery of its electric vehicle charging investment
399 by the end of the useful life of the assets dedicated to the
400 electric vehicle charging service. This provision does not
401 preclude cost recovery for electric vehicle charging programs
402 approved by the commission before January 1, 2024.
403 Section 6. Section 366.99, Florida Statutes, is created to
404 read:
405 366.99 Natural gas facilities relocation costs.—
406 (1) As used in this section, the term:
407 (a) “Authority” has the same meaning as in s.
408 337.401(1)(a).
409 (b) “Facilities relocation” means the physical moving,
410 modification, or reconstruction of public utility facilities to
411 accommodate the requirements imposed by an authority.
412 (c) “Natural gas facilities” or “facilities” means gas
413 mains, laterals, and service lines used to distribute natural
414 gas to customers. The term includes all ancillary equipment
415 needed for safe operations, including, but not limited to,
416 regulating stations, meters, other measuring devices,
417 regulators, and pressure monitoring equipment.
418 (d) “Natural gas facilities relocation costs” means the
419 costs to relocate or reconstruct facilities as required by a
420 mandate, a statute, a law, an ordinance, or an agreement between
421 the utility and an authority, including, but not limited to,
422 costs associated with reviewing plans provided by an authority.
423 The term does not include any costs recovered through the public
424 utility’s base rates.
425 (e) “Public utility” or “utility” has the same meaning as
426 in s. 366.02, except that the term does not include an electric
427 utility.
428 (2) A utility may submit to the commission, pursuant to
429 commission rule, a petition describing the utility’s projected
430 natural gas facilities relocation costs for the next calendar
431 year, actual natural gas facilities relocation costs for the
432 prior calendar year, and proposed cost-recovery factors designed
433 to recover such costs. A utility’s decision to proceed with
434 implementing a plan before filing such a petition does not
435 constitute imprudence.
436 (3) The commission shall conduct an annual proceeding to
437 determine each utility’s prudently incurred natural gas
438 facilities relocation costs and to allow each utility to recover
439 such costs through a charge separate and apart from base rates,
440 to be referred to as the natural gas facilities relocation cost
441 recovery clause. The commission’s review in the proceeding is
442 limited to determining the prudence of the utility’s actual
443 incurred natural gas facilities relocation costs and the
444 reasonableness of the utility’s projected natural gas facilities
445 relocation costs for the following calendar year; and providing
446 for a true-up of the costs with the projections on which past
447 factors were set. The commission shall require that any refund
448 or collection made as a part of the true-up process includes
449 interest.
450 (4) All costs approved for recovery through the natural gas
451 facilities relocation cost recovery clause must be allocated to
452 customer classes pursuant to the rate design most recently
453 approved by the commission.
454 (5) If a capital expenditure is recoverable as a natural
455 gas facilities relocation cost, the public utility may recover
456 the annual depreciation on the cost, calculated at the public
457 utility’s current approved depreciation rates, and a return on
458 the undepreciated balance of the costs at the public utility’s
459 weighted average cost of capital using the last approved return
460 on equity.
461 (6) The commission shall adopt rules to implement and
462 administer this section and shall propose a rule for adoption as
463 soon as practicable after July 1, 2024.
464 Section 7. Section 377.601, Florida Statutes, is amended to
465 read:
466 377.601 Legislative intent.—
467 (1) The purpose of the state’s energy policy is to ensure
468 an adequate, reliable, and cost-effective supply of energy for
469 the state in a manner that promotes the health and welfare of
470 the public and economic growth. The Legislature intends that
471 governance of the state’s energy policy be efficiently directed
472 toward achieving this purpose The Legislature finds that the
473 state’s energy security can be increased by lessening dependence
474 on foreign oil; that the impacts of global climate change can be
475 reduced through the reduction of greenhouse gas emissions; and
476 that the implementation of alternative energy technologies can
477 be a source of new jobs and employment opportunities for many
478 Floridians. The Legislature further finds that the state is
479 positioned at the front line against potential impacts of global
480 climate change. Human and economic costs of those impacts can be
481 averted by global actions and, where necessary, adapted to by a
482 concerted effort to make Florida’s communities more resilient
483 and less vulnerable to these impacts. In focusing the
484 government’s policy and efforts to benefit and protect our
485 state, its citizens, and its resources, the Legislature believes
486 that a single government entity with a specific focus on energy
487 and climate change is both desirable and advantageous. Further,
488 the Legislature finds that energy infrastructure provides the
489 foundation for secure and reliable access to the energy supplies
490 and services on which Florida depends. Therefore, there is
491 significant value to Florida consumers that comes from
492 investment in Florida’s energy infrastructure that increases
493 system reliability, enhances energy independence and
494 diversification, stabilizes energy costs, and reduces greenhouse
495 gas emissions.
496 (2) For the purposes of subsection (1), the state’s energy
497 policy must be guided by the following goals:
498 (a) Ensuring a cost-effective and affordable energy supply.
499 (b) Ensuring adequate supply and capacity.
500 (c) Ensuring a secure, resilient, and reliable energy
501 supply, with an emphasis on a diverse supply of domestic energy
502 resources.
503 (d) Protecting public safety.
504 (e) Protecting the state’s natural resources, including its
505 coastlines, tributaries, and waterways.
506 (f) Supporting economic growth.
507 (3)(2) In furtherance of the goals in subsection (2), it is
508 the policy of the state of Florida to:
509 (a) Develop and Promote the cost-effective development and
510 effective use of a diverse supply of domestic energy resources
511 in the state and, discourage all forms of energy waste, and
512 recognize and address the potential of global climate change
513 wherever possible.
514 (b) Promote the cost-effective development and maintenance
515 of energy infrastructure that is resilient to natural and
516 manmade threats to the security and reliability of the state’s
517 energy supply Play a leading role in developing and instituting
518 energy management programs aimed at promoting energy
519 conservation, energy security, and the reduction of greenhouse
520 gas emissions.
521 (c) Reduce reliance on foreign energy resources.
522 (d)(c) Include energy reliability and security
523 considerations in all state, regional, and local planning.
524 (e)(d) Utilize and manage effectively energy resources used
525 within state agencies.
526 (f)(e) Encourage local governments to include energy
527 considerations in all planning and to support their work in
528 promoting energy management programs.
529 (g)(f) Include the full participation of citizens in the
530 development and implementation of energy programs.
531 (h)(g) Consider in its decisions the energy needs of each
532 economic sector, including residential, industrial, commercial,
533 agricultural, and governmental uses, and reduce those needs
534 whenever possible.
535 (i)(h) Promote energy education and the public
536 dissemination of information on energy and its impacts in
537 relation to the goals in subsection (2) environmental, economic,
538 and social impact.
539 (j)(i) Encourage the research, development, demonstration,
540 and application of domestic energy resources, including the use
541 of alternative energy resources, particularly renewable energy
542 resources.
543 (k)(j) Consider, in its decisionmaking, the impacts of
544 energy-related activities on the goals in subsection (2) social,
545 economic, and environmental impacts of energy-related
546 activities, including the whole-life-cycle impacts of any
547 potential energy use choices, so that detrimental effects of
548 these activities are understood and minimized.
549 (l)(k) Develop and maintain energy emergency preparedness
550 plans to minimize the effects of an energy shortage within this
551 state Florida.
552 Section 8. Subsection (2) of section 377.6015, Florida
553 Statutes, is amended to read:
554 377.6015 Department of Agriculture and Consumer Services;
555 powers and duties.—
556 (2) The department shall:
557 (a) Administer the Florida Renewable Energy and Energy
558 Efficient Technologies Grants Program pursuant to s. 377.804 to
559 assure a robust grant portfolio.
560 (a)(b) Develop policy for requiring grantees to provide
561 royalty-sharing or licensing agreements with state government
562 for commercialized products developed under a state grant.
563 (c) Administer the Florida Green Government Grants Act
564 pursuant to s. 377.808 and set annual priorities for grants.
565 (b)(d) Administer the information gathering and reporting
566 functions pursuant to ss. 377.601-377.608.
567 (e) Administer the provisions of the Florida Energy and
568 Climate Protection Act pursuant to ss. 377.801-377.804.
569 (c)(f) Advocate for energy and climate change issues
570 consistent with the goals in s. 377.601(2) and provide
571 educational outreach and technical assistance in cooperation
572 with the state’s academic institutions.
573 (d)(g) Be a party in the proceedings to adopt goals and
574 submit comments to the Public Service Commission pursuant to s.
575 366.82.
576 (e)(h) Adopt rules pursuant to chapter 120 in order to
577 implement all powers and duties described in this section.
578 Section 9. Subsection (1) and paragraphs (e), (f), (h), and
579 (m) of subsection (2) of section 377.703, Florida Statutes, are
580 amended to read:
581 377.703 Additional functions of the Department of
582 Agriculture and Consumer Services.—
583 (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
584 demand questions have become a major area of concern to the
585 state which must be dealt with by effective and well-coordinated
586 state action, it is the intent of the Legislature to promote the
587 efficient, effective, and economical management of energy
588 problems, centralize energy coordination responsibilities,
589 pinpoint responsibility for conducting energy programs, and
590 ensure the accountability of state agencies for the
591 implementation of s. 377.601 s. 377.601(2), the state energy
592 policy. It is the specific intent of the Legislature that
593 nothing in this act shall in any way change the powers, duties,
594 and responsibilities assigned by the Florida Electrical Power
595 Plant Siting Act, part II of chapter 403, or the powers, duties,
596 and responsibilities of the Florida Public Service Commission.
597 (2) DUTIES.—The department shall perform the following
598 functions, unless as otherwise provided, consistent with the
599 development of a state energy policy:
600 (e) The department shall analyze energy data collected and
601 prepare long-range forecasts of energy supply and demand in
602 coordination with the Florida Public Service Commission, which
603 is responsible for electricity and natural gas forecasts. To
604 this end, the forecasts shall contain:
605 1. An analysis of the relationship of state economic growth
606 and development to energy supply and demand, including the
607 constraints to economic growth resulting from energy supply
608 constraints.
609 2. Plans for the development of renewable energy resources
610 and reduction in dependence on depletable energy resources,
611 particularly oil and natural gas, and An analysis of the extent
612 to which domestic energy resources, including renewable energy
613 sources, are being utilized in this the state.
614 3. Consideration of alternative scenarios of statewide
615 energy supply and demand for 5, 10, and 20 years to identify
616 strategies for long-range action, including identification of
617 potential impacts in relation to the goals in s. 377.601(2)
618 social, economic, and environmental effects.
619 4. An assessment of the state’s energy resources, including
620 examination of the availability of commercially developable and
621 imported fuels, and an analysis of anticipated impacts in
622 relation to the goals in s. 377.601(2) effects on the state’s
623 environment and social services resulting from energy resource
624 development activities or from energy supply constraints, or
625 both.
626 (f) The department shall submit an annual report to the
627 Governor and the Legislature reflecting its activities and
628 making recommendations for policies for improvement of the
629 state’s response to energy supply and demand and its effect on
630 the health, safety, and welfare of the residents of this state.
631 The report must include a report from the Florida Public Service
632 Commission on electricity and natural gas and information on
633 energy conservation programs conducted and underway in the past
634 year and include recommendations for energy efficiency and
635 conservation programs for the state, including:
636 1. Formulation of specific recommendations for improvement
637 in the efficiency of energy utilization in governmental,
638 residential, commercial, industrial, and transportation sectors.
639 2. Collection and dissemination of information relating to
640 energy efficiency and conservation.
641 3. Development and conduct of educational and training
642 programs relating to energy efficiency and conservation.
643 4. An analysis of the ways in which state agencies are
644 seeking to implement s. 377.601 s. 377.601(2), the state energy
645 policy, and recommendations for better fulfilling this policy.
646 (h) The department shall promote the development and use of
647 renewable energy resources, in conformance with chapter 187 and
648 s. 377.601, by:
649 1. Establishing goals and strategies for increasing the use
650 of renewable energy in this state.
651 1.2. Aiding and promoting the commercialization of
652 renewable energy resources, in cooperation with the Florida
653 Energy Systems Consortium; the Florida Solar Energy Center; and
654 any other federal, state, or local governmental agency that may
655 seek to promote research, development, and the demonstration of
656 renewable energy equipment and technology.
657 2.3. Identifying barriers to greater use of renewable
658 energy resources in this state, and developing specific
659 recommendations for overcoming identified barriers, with
660 findings and recommendations to be submitted annually in the
661 report to the Governor and Legislature required under paragraph
662 (f).
663 3.4. In cooperation with the Department of Environmental
664 Protection, the Department of Transportation, the Department of
665 Commerce, the Florida Energy Systems Consortium, the Florida
666 Solar Energy Center, and the Florida Solar Energy Industries
667 Association, investigating opportunities, pursuant to the
668 national Energy Policy Act of 1992, the Housing and Community
669 Development Act of 1992, and any subsequent federal legislation,
670 for renewable energy resources, electric vehicles, and other
671 renewable energy manufacturing, distribution, installation, and
672 financing efforts that enhance this state’s position as the
673 leader in renewable energy research, development, and use.
674 4.5. Undertaking other initiatives to advance the
675 development and use of renewable energy resources in this state.
676
677 In the exercise of its responsibilities under this paragraph,
678 the department shall seek the assistance of the renewable energy
679 industry in this state and other interested parties and may
680 enter into contracts, retain professional consulting services,
681 and expend funds appropriated by the Legislature for such
682 purposes.
683 (m) In recognition of the devastation to the economy of
684 this state and the dangers to the health and welfare of
685 residents of this state caused by severe hurricanes, and the
686 potential for such impacts caused by other natural disasters,
687 the Division of Emergency Management shall include in its energy
688 emergency contingency plan and provide to the Florida Building
689 Commission for inclusion in the Florida Energy Efficiency Code
690 for Building Construction specific provisions to facilitate the
691 use of cost-effective solar energy technologies as emergency
692 remedial and preventive measures for providing electric power,
693 street lighting, and water heating service in the event of
694 electric power outages.
695 Section 10. Section 377.708, Florida Statutes, is created
696 to read:
697 377.708 Wind energy.—
698 (1) DEFINITIONS.—As used in this section, the term:
699 (a) “Coastline” means the established line of mean high
700 water.
701 (b) “Department” means the Department of Environmental
702 Protection.
703 (c) “Offshore wind energy facility” means any wind energy
704 facility located on waters of this state, including other
705 buildings, structures, vessels, or electrical transmission
706 cabling to be sited on waters of this state, or connected to
707 corresponding onshore substations that are used to support the
708 operation of one or more wind turbines sited or constructed on
709 waters of this state and any submerged lands or territorial
710 waters that are not under the jurisdiction of the state.
711 (d) “Real property” has the same meaning as provided in s.
712 192.001(12).
713 (e) “Waters of this state” has the same meaning as in s.
714 327.02, except the term also includes all state submerged lands.
715 (f) “Wind energy facility” means an electrical wind
716 generation facility or expansion thereof having at least a 400
717 watt rated capacity, including substations; meteorological data
718 towers; aboveground, underground, and electrical transmission
719 lines; and transformers, control systems, and other buildings or
720 structures under common ownership or operating control used to
721 support the operation of the facility the primary purpose of
722 which is to offer electricity supply for sale.
723 (g) “Wind turbine” means a device or apparatus that has the
724 capability to convert kinetic wind energy into rotational energy
725 that drives an electrical generator consisting of a tower body
726 and rotator with two or more blades. The term includes both
727 horizontal and vertical axis turbines. The term does not include
728 devices used to measure wind speed and direction, such as an
729 anemometer.
730 (2) PROHIBITED ACTIVITIES.—
731 (a) The construction, operation, or expansion of an
732 offshore wind energy facility in this state is prohibited.
733 (b) The construction or operation of a wind turbine on real
734 property within 1 mile of coastline in this state is prohibited.
735 (c) The construction or operation of a wind turbine on
736 waters of this state and any submerged lands is prohibited.
737 (3) REVIEW.—The department shall review all applications
738 for federal wind energy leases in the territorial waters of the
739 United States adjacent to waters of this state and shall signify
740 its approval of or objection to each application.
741 (4) INJUNCTIVE RELIEF.—The department may bring an action
742 for injunctive relief against any person who owns, constructs,
743 or operates an offshore wind energy facility or a wind turbine
744 in this state in violation of this section.
745 Section 11. Sections 377.801, 377.802, 377.803, 377.804,
746 377.808, 377.809, and 377.816, Florida Statutes, are repealed.
747 Section 12. (1) For programs established pursuant to s.
748 377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
749 Statutes, there may not be:
750 (a) New or additional applications, certifications, or
751 allocations approved.
752 (b) New letters of certification issued.
753 (c) New contracts or agreements executed.
754 (d) New awards made.
755 (2) All certifications or allocations issued under such
756 programs are rescinded except for the certifications of, or
757 allocations to, those certified applicants or projects that
758 continue to meet the applicable criteria in effect before July
759 1, 2024. Any existing contract or agreement authorized under any
760 of these programs shall continue in full force and effect in
761 accordance with the statutory requirements in effect when the
762 contract or agreement was executed or last modified. However,
763 further modifications, extensions, or waivers may not be made or
764 granted relating to such contracts or agreements, except
765 computations by the Department of Revenue of the income
766 generated by or arising out of the qualifying project.
767 Section 13. Paragraph (d) of subsection (2) of section
768 220.193, Florida Statutes, is amended to read:
769 220.193 Florida renewable energy production credit.—
770 (2) As used in this section, the term:
771 (d) “Florida renewable energy facility” means a facility in
772 the state that produces electricity for sale from renewable
773 energy, as defined in s. 377.803.
774 Section 14. Subsection (7) of section 288.9606, Florida
775 Statutes, is amended to read:
776 288.9606 Issue of revenue bonds.—
777 (7) Notwithstanding any provision of this section, the
778 corporation in its corporate capacity may, without authorization
779 from a public agency under s. 163.01(7), issue revenue bonds or
780 other evidence of indebtedness under this section to:
781 (a) Finance the undertaking of any project within the state
782 that promotes renewable energy as defined in s. 366.91 or s.
783 377.803;
784 (b) Finance the undertaking of any project within the state
785 that is a project contemplated or allowed under s. 406 of the
786 American Recovery and Reinvestment Act of 2009; or
787 (c) If permitted by federal law, finance qualifying
788 improvement projects within the state under s. 163.08; or.
789 (d) Finance the costs of acquisition or construction of a
790 transportation facility by a private entity or consortium of
791 private entities under a public-private partnership agreement
792 authorized by s. 334.30.
793 Section 15. Paragraph (w) of subsection (2) of section
794 380.0651, Florida Statutes, is amended to read:
795 380.0651 Statewide guidelines, standards, and exemptions.—
796 (2) STATUTORY EXEMPTIONS.—The following developments are
797 exempt from s. 380.06:
798 (w) Any development in an energy economic zone designated
799 pursuant to s. 377.809 upon approval by its local governing
800 body.
801
802 If a use is exempt from review pursuant to paragraphs (a)-(u),
803 but will be part of a larger project that is subject to review
804 pursuant to s. 380.06(12), the impact of the exempt use must be
805 included in the review of the larger project, unless such exempt
806 use involves a development that includes a landowner, tenant, or
807 user that has entered into a funding agreement with the state
808 land planning agency under the Innovation Incentive Program and
809 the agreement contemplates a state award of at least $50
810 million.
811 Section 16. Subsection (2) of section 403.9405, Florida
812 Statutes, is amended to read:
813 403.9405 Applicability; certification; exemption; notice of
814 intent.—
815 (2) No construction of A natural gas transmission pipeline
816 may not be constructed be undertaken after October 1, 1992,
817 without first obtaining certification under ss. 403.9401
818 403.9425, but these sections do not apply to:
819 (a) Natural gas transmission pipelines which are less than
820 100 15 miles in length or which do not cross a county line,
821 unless the applicant has elected to apply for certification
822 under ss. 403.9401-403.9425.
823 (b) Natural gas transmission pipelines for which a
824 certificate of public convenience and necessity has been issued
825 under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
826 natural gas transmission pipeline certified as an associated
827 facility to an electrical power plant pursuant to the Florida
828 Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
829 the applicant elects to apply for certification of that pipeline
830 under ss. 403.9401-403.9425.
831 (c) Natural gas transmission pipelines that are owned or
832 operated by a municipality or any agency thereof, by any person
833 primarily for the local distribution of natural gas, or by a
834 special district created by special act to distribute natural
835 gas, unless the applicant elects to apply for certification of
836 that pipeline under ss. 403.9401-403.9425.
837 Section 17. Subsection (3) of section 720.3075, Florida
838 Statutes, is amended to read:
839 720.3075 Prohibited clauses in association documents.—
840 (3) Homeowners’ association documents, including
841 declarations of covenants, articles of incorporation, or bylaws,
842 may not preclude:
843 (a) The display of up to two portable, removable flags as
844 described in s. 720.304(2)(a) by property owners. However, all
845 flags must be displayed in a respectful manner consistent with
846 the requirements for the United States flag under 36 U.S.C.
847 chapter 10.
848 (b) Types or fuel sources of energy production which may be
849 used, delivered, converted, or supplied by the following
850 entities to serve customers within the association that such
851 entities are authorized to serve:
852 1. A public utility or an electric utility as defined in
853 chapter 366;
854 2. An entity formed under s. 163.01 that generates, sells,
855 or transmits electrical energy;
856 3. A natural gas utility as defined in s. 366.04(3)(c);
857 4. A natural gas transmission company as defined in s.
858 368.103; or
859 5. A Category I liquefied petroleum gas dealer, a Category
860 II liquefied petroleum gas dispenser, or a Category III
861 liquefied petroleum gas cylinder exchange operator as defined in
862 s. 527.01.
863 (c) The use of an appliance, including a stove or grill,
864 which uses the types or fuel sources of energy production which
865 may be used, delivered, converted, or supplied by the entities
866 listed in paragraph (b). As used in this paragraph, the term
867 “appliance” means a device or apparatus manufactured and
868 designed to use energy and for which the Florida Building Code
869 or the Florida Fire Prevention Code provides specific
870 requirements.
871 Section 18. (1) The Public Service Commission shall conduct
872 an assessment of the security and resiliency of the state’s
873 electric grid and natural gas facilities against both physical
874 threats and cyber threats. In conducting this assessment, the
875 commission shall consult with the Division of Emergency
876 Management and, in its assessment of cyber threats, shall
877 consult with the Florida Digital Service. All electric
878 utilities, natural gas utilities, and natural gas pipelines
879 operating in this state, regardless of ownership structure,
880 shall cooperate with the commission to provide access to all
881 information necessary to conduct the assessment.
882 (2) By July 1, 2025, the commission shall submit a report
883 of its assessment to the Governor, the President of the Senate,
884 and the Speaker of the House of Representatives. The report must
885 also contain any recommendations for potential legislative or
886 administrative actions that may enhance the physical security or
887 cyber security of the state’s electric grid or natural gas
888 facilities.
889 Section 19. (1) Recognizing the evolution and advances that
890 have occurred and continue to occur in nuclear power
891 technologies, the Public Service Commission shall study and
892 evaluate the technical and economic feasibility of using
893 advanced nuclear power technologies, including small modular
894 reactors, to meet the electrical power needs of the state, and
895 research means to encourage and foster the installation and use
896 of such technologies at military installations in the state in
897 partnership with public utilities. In conducting this study, the
898 commission shall consult with the Department of Environmental
899 Protection and the Division of Emergency Management.
900 (2) By April 1, 2025, the commission shall prepare and
901 submit a report to the Governor, the President of the Senate,
902 and the Speaker of the House of Representatives, containing its
903 findings and any recommendations for potential legislative or
904 administrative actions that may enhance the use of advanced
905 nuclear technologies in a manner consistent with the energy
906 policy goals in s. 377.601(2), Florida Statutes.
907 Section 20. (1) Recognizing the continued development of
908 technologies that support the use of hydrogen as a
909 transportation fuel and the potential for such use to help meet
910 the state’s energy policy goals in s. 377.601(2), Florida
911 Statutes, the Department of Transportation, in consultation with
912 the Office of Energy within the Department of Agriculture and
913 Consumer Services, shall study and evaluate the potential
914 development of hydrogen fueling infrastructure, including
915 fueling stations, to support hydrogen-powered vehicles that use
916 the State Highway System.
917 (2) By April 1, 2025, the Department of Transportation
918 shall prepare and submit a report to the Governor, the President
919 of the Senate, and the Speaker of the House of Representatives,
920 containing its findings and any recommendations for potential
921 legislative or administrative actions that may accommodate the
922 future development of hydrogen fueling infrastructure in a
923 manner consistent with the energy policy goals in s. 377.601(2),
924 Florida Statutes.
925 Section 21. This act shall take effect July 1, 2024.
