Bill Text: FL S1624 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
       Florida Senate - 2024                                    SB 1624
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01315A-24                                          20241624__
    1                        A bill to be entitled                      
    2         An act relating to energy resources; creating s.
    3         163.3210, F.S.; providing legislative intent;
    4         providing definitions; allowing resiliency facilities
    5         in certain land use categories in local government
    6         comprehensive plans and specified districts if certain
    7         criteria are met; allowing local governments to adopt
    8         ordinances for resiliency facilities if certain
    9         requirements are met; prohibiting amendments to a
   10         local government’s comprehensive plan, land use map,
   11         zoning districts, or land development regulations in a
   12         manner that would conflict with resiliency facility
   13         classification after a specified date; amending s.
   14         286.29, F.S.; revising energy guidelines for public
   15         businesses; eliminating the requirement that the
   16         Department of Management Services develop and maintain
   17         the Florida Climate-Friendly Preferred Products List;
   18         eliminating the requirement that state agencies
   19         contract for meeting and conference space only with
   20         facilities that have a Green Lodging designations;
   21         eliminating the requirement that state agencies, state
   22         universities, community colleges, and local
   23         governments that procure new vehicles under a state
   24         purchasing plan select certain vehicles under a
   25         specified circumstance; requiring the Department of
   26         Management Services to develop a Florida Humane
   27         Preferred Energy Products List in consultation with
   28         the Department of Commerce and the Department of
   29         Agriculture and Consumer Services; providing for
   30         assessment considerations in developing the list;
   31         defining the term “forced labor”; requiring state
   32         agencies and political subdivisions that procure
   33         energy products from state term contracts to consult
   34         the list and purchase or procure such products;
   35         prohibiting state agencies and political subdivisions
   36         from purchasing or procuring products not included in
   37         the list; creating 320.97, F.S.; providing legislative
   38         findings; creating the Electric Vehicle Battery
   39         Deposit Program within the Department of Highway
   40         Safety and Motor Vehicles; providing the requirements
   41         of the program; allowing the department to adopt
   42         rules; providing definitions; requiring the Department
   43         of Highway Safety and Motor Vehicles to prepare and
   44         submit a report to the Governor and the Legislature as
   45         it relates to the Electric Vehicle Battery Deposit
   46         Program by a specified date; amending s. 338.234,
   47         F.S.; requiring the Department of Highway Safety and
   48         Motor Vehicles to offer access to vendors of certain
   49         fuels or services access to the turnpike system in
   50         certain instances; amending s. 366.032, F.S.;
   51         including development districts as a type of political
   52         subdivision for purposes of preemption over utility
   53         service restrictions; creating s. 366.057, F.S.;
   54         defining the term “electrical power plant”; requiring
   55         a public utility to petition the Public Service
   56         Commission within a specified time before retiring an
   57         electrical power plant; requiring the commission to
   58         enter a final order in response to the petition within
   59         a specified time; setting forth what the commission
   60         must take into consideration in entering its final
   61         order; requiring the commission to notify the Attorney
   62         General of the retirement of an electrical power plant
   63         in specified circumstances; amending s. 366.94, F.S.;
   64         removing terminology; conforming provisions to changes
   65         made by the act; authorizing the commission upon a
   66         specified date to approve voluntary public utility
   67         programs for electric vehicle charging if certain
   68         requirements are met; requiring that all revenues
   69         received from such program be credited to the public
   70         utility’s general body of ratepayers; providing
   71         applicability; amending s. 377.601, F.S.; revising
   72         legislative intent; amending s. 377.6015, F.S.;
   73         revising the powers and duties of the department;
   74         conforming provisions to changes made by the act;
   75         amending s. 377.703, F.S.; revising additional
   76         functions of the department relating to energy
   77         resources; conforming provisions to changes made by
   78         the act; repealing s. 377.801, F.S., relating to the
   79         Florida Energy and Climate Protection Act; repealing
   80         s. 377.802, F.S., relating to the purpose of the act;
   81         repealing s. 377.803, F.S., relating to definitions
   82         under the act; repealing s. 377.804, F.S., relating to
   83         the Renewable Energy and Energy-Efficient Technologies
   84         Grants Program; repealing s. 377.808, F.S., relating
   85         to the Florida Green Government Grants Act; repealing
   86         s. 377.809, F.S., relating to the Energy Economic Zone
   87         Pilot Program; repealing s. 377.816, F.S., relating to
   88         the Qualified Energy Conservation Bond Allocation
   89         Program; prohibiting the approval of new or additional
   90         applications, certifications, or allocations under
   91         such programs; prohibiting new contracts, agreements,
   92         and awards under such programs; rescinding all
   93         certifications or allocations issued under such
   94         programs; providing an exception; providing
   95         application relating to existing contracts or
   96         agreements under such programs; amending ss. 288.9606
   97         and 380.0651, F.S.; conforming provisions to changes
   98         made by the act; amending s. 403.9405, F.S.; revising
   99         the applicability of the Natural Gas Transmission
  100         Pipeline Siting Act; amending s. 720.3075, F.S.;
  101         prohibiting certain homeowners’ association documents
  102         from precluding certain types or fuel sources of
  103         energy production and the use of certain appliances;
  104         directing the commission to ensure that electrical
  105         energy technologies are used in a specified manner
  106         through market-based policies and electric grid
  107         improvements; requiring the commission to develop
  108         specified policies for smart energy; requiring that
  109         such policies also address the modernization of the
  110         state’s electric grid and ensure that equipment used
  111         is manufactured in the United States or countries
  112         engaged in commerce within the United States pursuant
  113         to free trade agreements; requiring the commission by
  114         a specified date to submit a report to the Legislature
  115         that contains such established policies; requiring the
  116         commission to conduct an assessment of the security
  117         and resiliency of the state’s electric grid and
  118         natural gas facilities against physical threats and
  119         cyber threats; requiring the commission to consult
  120         with the Florida Digital Service; requiring
  121         cooperation from all operating facilities in the state
  122         relating to such assessment; requiring the commission
  123         to submit by a specified date a report of such
  124         assessment to the Governor and the Legislature;
  125         providing additional content requirements for such
  126         report; requiring the commission to study and evaluate
  127         the technical and economic feasibility of using
  128         advanced nuclear power technologies to meet the
  129         electrical power needs of the state; requiring the
  130         commission to submit by a specified date a report to
  131         the Governor and the Legislature that contains its
  132         findings and any additional recommendations for
  133         potential legislative or administrative actions;
  134         requiring the Department of Transportation, in
  135         consultation with the Office of Energy within the
  136         Department of Agriculture and Consumer Services, to
  137         study and evaluate the potential development of
  138         hydrogen fueling infrastructure to support hydrogen
  139         powered vehicles; requiring the department to submit
  140         by a specified date a report to the Governor and the
  141         Legislature that contains its findings and
  142         recommendations for specified actions that may
  143         accommodate the future development of hydrogen fueling
  144         infrastructure; providing effective dates.
  145          
  146  Be It Enacted by the Legislature of the State of Florida:
  147  
  148         Section 1. Section 163.3210, Florida Statutes, is created
  149  to read:
  150         163.3210Natural gas resiliency and reliability
  151  infrastructure.
  152         (1)It is the intent of the Legislature to maintain,
  153  encourage, and ensure adequate and reliable fuel sources for
  154  public utilities. The resiliency and reliability of fuel sources
  155  for public utilities is critical to the state’s economy; the
  156  ability of the state to recover from natural disasters; and to
  157  the health, safety, welfare, and quality of life of the
  158  residents of the state.
  159         (2)As used in this section, the term:
  160         (a)“Natural gas” means all forms of fuel commonly or
  161  commercially known or sold as natural gas, including compressed
  162  natural gas and liquefied natural gas.
  163         (b)“Natural gas reserve” means a facility that is capable
  164  of storing and transporting and, when operational, actively
  165  stores and transports a supply of natural gas.
  166         (c)“Public utility” has the same meaning as defined in s.
  167  366.02.
  168         (d)“Resiliency facility” means a facility owned and
  169  operated by a public utility for the purposes of assembling,
  170  creating, holding, securing, or deploying natural gas reserves
  171  for temporary use during a system outage or natural disaster.
  172         (3)A resiliency facility is a permitted use in all
  173  commercial, industrial, and manufacturing land use categories in
  174  a local government comprehensive plan and all commercial,
  175  industrial, and manufacturing districts. A resiliency facility
  176  must comply with the setback and landscape criteria for other
  177  similar uses. A local government may adopt an ordinance
  178  specifying buffer and landscaping requirements for resiliency
  179  facilities, provided such requirements do not exceed the
  180  requirements for similar uses involving the construction of
  181  other facilities that are permitted uses in commercial,
  182  industrial, and manufacturing land use categories and zoning
  183  districts.
  184         (4)After July 1, 2024, a local government may not amend
  185  its comprehensive plan, land use map, zoning districts, or land
  186  development regulations in a manner that would conflict with a
  187  resiliency facility’s classification as a permitted and
  188  allowable use, including, but not limited to, an amendment that
  189  causes a resiliency facility to be a nonconforming use,
  190  structure, or development.
  191         Section 2. Section 286.29, Florida Statutes, is amended to
  192  read:
  193         286.29 Energy guidelines for Climate-friendly public
  194  business.—The Legislature recognizes the importance of
  195  leadership by state government in the area of energy efficiency
  196  and in reducing the greenhouse gas emissions of state government
  197  operations. The following shall pertain to all state agencies
  198  when conducting public business:
  199         (1)The Department of Management Services shall develop the
  200  “Florida Climate-Friendly Preferred Products List.” In
  201  maintaining that list, the department, in consultation with the
  202  Department of Environmental Protection, shall continually assess
  203  products currently available for purchase under state term
  204  contracts to identify specific products and vendors that offer
  205  clear energy efficiency or other environmental benefits over
  206  competing products. When procuring products from state term
  207  contracts, state agencies shall first consult the Florida
  208  Climate-Friendly Preferred Products List and procure such
  209  products if the price is comparable.
  210         (2)State agencies shall contract for meeting and
  211  conference space only with hotels or conference facilities that
  212  have received the “Green Lodging” designation from the
  213  Department of Environmental Protection for best practices in
  214  water, energy, and waste efficiency standards, unless the
  215  responsible state agency head makes a determination that no
  216  other viable alternative exists.
  217         (1)(3) Each state agency shall ensure that all maintained
  218  vehicles meet minimum maintenance schedules shown to reduce fuel
  219  consumption, which include:
  220         (a) Ensuring appropriate tire pressures and tread depth.;
  221         (b) Replacing fuel filters and emission filters at
  222  recommended intervals.;
  223         (c) Using proper motor oils.; and
  224         (d) Performing timely motor maintenance.
  225  
  226  Each state agency shall measure and report compliance to the
  227  Department of Management Services through the Equipment
  228  Management Information System database.
  229         (4)When procuring new vehicles, all state agencies, state
  230  universities, community colleges, and local governments that
  231  purchase vehicles under a state purchasing plan shall first
  232  define the intended purpose for the vehicle and determine which
  233  of the following use classes for which the vehicle is being
  234  procured:
  235         (a)State business travel, designated operator;
  236         (b)State business travel, pool operators;
  237         (c)Construction, agricultural, or maintenance work;
  238         (d)Conveyance of passengers;
  239         (e)Conveyance of building or maintenance materials and
  240  supplies;
  241         (f)Off-road vehicle, motorcycle, or all-terrain vehicle;
  242         (g)Emergency response; or
  243         (h)Other.
  244  
  245  Vehicles described in paragraphs (a) through (h), when being
  246  processed for purchase or leasing agreements, must be selected
  247  for the greatest fuel efficiency available for a given use class
  248  when fuel economy data are available. Exceptions may be made for
  249  individual vehicles in paragraph (g) when accompanied, during
  250  the procurement process, by documentation indicating that the
  251  operator or operators will exclusively be emergency first
  252  responders or have special documented need for exceptional
  253  vehicle performance characteristics. Any request for an
  254  exception must be approved by the purchasing agency head and any
  255  exceptional performance characteristics denoted as a part of the
  256  procurement process prior to purchase.
  257         (2)(5) All state agencies shall use ethanol and biodiesel
  258  blended fuels when available. State agencies administering
  259  central fueling operations for state-owned vehicles shall
  260  procure biofuels for fleet needs to the greatest extent
  261  practicable.
  262         (3)(a)The Department of Management Services shall, in
  263  consultation with the Department of Commerce and the Department
  264  of Agriculture and Consumer Services, develop a Florida Humane
  265  Preferred Energy Products List. In developing the list, the
  266  department must assess products currently available for purchase
  267  under state term contracts that contain or consist of an energy
  268  storage device with a capacity of greater than one kilowatt or
  269  that contain or consist of an energy generation device with a
  270  capacity of greater than 500 kilowatts and identify specific
  271  products that appear to be largely made free from forced labor,
  272  irrespective of the age of the worker. For purposes of this
  273  subsection, the term “forced labor” means any work performed or
  274  service rendered that is:
  275         1.Obtained by intimidation, fraud, or coercion, including
  276  by threat of serious bodily harm to, or physical restraint
  277  against, a person, by means of a scheme intended to cause the
  278  person to believe that if he or she does not perform such labor
  279  or render such service, the person will suffer serious bodily
  280  harm or physical restraint, or by means of the abuse or
  281  threatened abuse of law or the legal process;
  282         2.Imposed on the basis of a characteristic that has been
  283  held by the United States Supreme Court or the Florida Supreme
  284  Court to be protected against discrimination under the
  285  Fourteenth Amendment to the United States Constitution or under
  286  s. 2, Art. I of the State Constitution, including race, color,
  287  national origin, religion, gender, or physical disability;
  288         3.Not performed or rendered voluntarily by a person; or
  289         4.In violation of the Child Labor Law or otherwise
  290  performed or rendered through oppressive child labor.
  291         (b)When procuring the types of energy products described
  292  in paragraph (a) from state term contracts, state agencies and
  293  political subdivisions shall first consult the Florida Humane
  294  Preferred Energy Products List and may not purchase or procure
  295  products not included in the list.
  296         Section 3. Effective July 1, 2025, section 320.97, Florida
  297  Statutes, is created to read:
  298         320.97Electric vehicle battery deposit program.—
  299         (1)The Legislature finds that the state has a compelling
  300  interest in facilitating the proper disposal and recycling of
  301  electric vehicle batteries at the end of their useful lives.
  302         (2)The Electric Vehicle Battery Deposit Program is created
  303  within the department.
  304         (a)The department, in consultation with industry experts,
  305  shall develop and implement the program to provide for the
  306  collection of a deposit on electric vehicle batteries by a:
  307         1.Motor vehicle dealer, as defined in s. 320.27(1)(c),
  308  which sells at retail an electric vehicle not previously
  309  registered in the state; or
  310         2. Motor vehicle repair shop, as defined in s. 559.903,
  311  which sells an electric vehicle battery at retail in the state,
  312  
  313  based on the electric vehicle battery’s gross capacity as
  314  measured in kilowatt hours (kWh).
  315         (b)For purposes of paragraph (a), the deposit amount is:
  316         1.For an electric vehicle battery with a gross capacity
  317  less than or equal to 50 kWh: $500.
  318         2.For an electric vehicle battery with a gross capacity
  319  greater than 50 kWh but less than or equal to 100 kWh: $750.
  320         3.For an electric vehicle battery with a capacity greater
  321  than 100 kWh: $1,000.
  322         (c)For purposes of paragraph (a), the department must
  323  designate the means by which the deposit must be held until it
  324  can be refunded to the titleholder of an electric vehicle in
  325  which the battery is installed upon proof of the relinquishment
  326  or sale of the electric vehicle or electric vehicle battery to a
  327  motor vehicle dealer or motor vehicle repair shop.
  328         (d)The program shall allow a fire department which handles
  329  an electric vehicle battery fire to claim the deposit that the
  330  titleholder of the electric vehicle in which the battery fire
  331  occurred would otherwise be entitled to receive under the
  332  program in order to assist with additional costs associated with
  333  extinguishing electric vehicle battery fires.
  334         (e)The program shall provide a means by which the
  335  titleholder of the electric vehicle may recover the deposit
  336  under the program upon providing proof of relocation to another
  337  state, sale of the electric vehicle to an out-of-state resident,
  338  or theft of the electric vehicle or electric vehicle battery.
  339         (3)The department may adopt rules to implement this
  340  section.
  341         (4)For the purposes of this section, the term:
  342         (a)“Electric vehicle” has the same meaning as provided in
  343  s. 320.01(36).
  344         (b)“Electric vehicle battery” means a rechargeable storage
  345  battery which is the exclusive source of power to an electric
  346  motor in an electric vehicle.
  347         (c)“Motor vehicle” has the same meaning as provided in s.
  348  320.01(1).
  349         Section 4. (a)By December 1, 2024, the Department of
  350  Highway Safety and Motor Vehicles shall prepare and submit a
  351  report to the Governor, the President of the Senate, and the
  352  Speaker of the House of Representatives which:
  353         1.Specifies the terms of the Electric Vehicle Battery
  354  Deposit Program consistent with s. 320.97, Florida Statutes.
  355         2.Identifies any implementation issues.
  356         3.Makes recommendations on any further legislation that
  357  may be necessary.
  358         (b)The report shall contain recommendations on how the
  359  state may further facilitate proper electric vehicle battery
  360  disposal and recycling.
  361         Section 5. Subsection (2) of section 338.234, Florida
  362  Statutes, is renumbered as subsection (3) and a new subsection
  363  (2) is added to that section, to read:
  364         338.234 Granting concessions or selling along the turnpike
  365  system; immunity from taxation.—
  366         (2)If the department enters or has entered into a contract
  367  or license with a vendor to allow for the sale of motor fuel or
  368  charging services along the turnpike system, the department must
  369  offer access to potential vendors of other motor vehicle fuels
  370  or repowering services along the turnpike system, including, but
  371  not limited to, hydrogen, compressed natural gas, and liquefied
  372  natural gas.
  373         Section 6. Subsections (1), (2), and (5) of section
  374  366.032, Florida Statutes, are amended to read:
  375         366.032 Preemption over utility service restrictions.—
  376         (1) A municipality, county, special district, development
  377  district, or other political subdivision of the state may not
  378  enact or enforce a resolution, ordinance, rule, code, or policy
  379  or take any action that restricts or prohibits or has the effect
  380  of restricting or prohibiting the types or fuel sources of
  381  energy production which may be used, delivered, converted, or
  382  supplied by the following entities to serve customers that such
  383  entities are authorized to serve:
  384         (a) A public utility or an electric utility as defined in
  385  this chapter;
  386         (b) An entity formed under s. 163.01 that generates, sells,
  387  or transmits electrical energy;
  388         (c) A natural gas utility as defined in s. 366.04(3)(c);
  389         (d) A natural gas transmission company as defined in s.
  390  368.103; or
  391         (e) A Category I liquefied petroleum gas dealer or Category
  392  II liquefied petroleum gas dispenser or Category III liquefied
  393  petroleum gas cylinder exchange operator as defined in s.
  394  527.01.
  395         (2) Except to the extent necessary to enforce the Florida
  396  Building Code adopted pursuant to s. 553.73 or the Florida Fire
  397  Prevention Code adopted pursuant to s. 633.202, a municipality,
  398  county, special district, development district, or other
  399  political subdivision of the state may not enact or enforce a
  400  resolution, an ordinance, a rule, a code, or a policy or take
  401  any action that restricts or prohibits or has the effect of
  402  restricting or prohibiting the use of an appliance, including a
  403  stove or grill, which uses the types or fuel sources of energy
  404  production which may be used, delivered, converted, or supplied
  405  by the entities listed in subsection (1). As used in this
  406  subsection, the term “appliance” means a device or apparatus
  407  manufactured and designed to use energy and for which the
  408  Florida Building Code or the Florida Fire Prevention Code
  409  provides specific requirements.
  410         (5) Any municipality, county, special district, development
  411  district, or political subdivision charter, resolution,
  412  ordinance, rule, code, policy, or action that is preempted by
  413  this act that existed before or on July 1, 2021, is void.
  414         Section 7. Section 366.057, Florida Statutes, is created to
  415  read:
  416         366.057Retirement of electrical power plant.—
  417         (1)For purposes of this section, the term “electrical
  418  power plant” means any steam or solar electrical generating
  419  facility that uses any process or fuel, including nuclear
  420  materials, with a capacity of 75 megawatts or more. The term
  421  also includes all associated facilities necessary for the
  422  continued operation of the electrical power plant, such as
  423  facilities that are physically connected to the electrical power
  424  plant and facilities that are used to connect the electrical
  425  power plant to an existing transmission network.
  426         (2)Before retiring an electrical power plant, a public
  427  utility must petition the commission for approval to retire the
  428  plant, giving not less than 30 days’ notice thereof.
  429         (3)The commission shall enter a final order approving,
  430  approving with conditions, or denying a petition within 180 days
  431  after receiving the petition. In making its determination, the
  432  commission must take into account the impact of the proposed
  433  electrical power plant retirement on:
  434         (a)Electric system reliability, resilience, and integrity.
  435         (b)The ability to provide adequate electricity at a
  436  reasonable cost, including potential rate impacts.
  437         (c)Fuel diversity and supply reliability.
  438         (d)The use of domestic energy resources, including
  439  renewable energy resources.
  440         (e)The state’s energy policy goals in s. 377.601(2).
  441         (4)If the commission determines that the basis for
  442  retirement of an electrical power plant is a requirement or
  443  inducement provided in a proposed or actual federal regulation
  444  and that such retirement is inconsistent with the state’s energy
  445  policy goals in s. 377.601(2), the commission shall inform the
  446  Attorney General and provide technical support to the Attorney
  447  General, as needed, to address the inconsistency.
  448         Section 8. Section 366.94, Florida Statutes, is amended to
  449  read:
  450         366.94 Electric vehicle charging stations.—
  451         (1) The provision of electric vehicle charging to the
  452  public by a nonutility is not the retail sale of electricity for
  453  the purposes of this chapter. The rates, terms, and conditions
  454  of electric vehicle charging services by a nonutility are not
  455  subject to regulation under this chapter. This section does not
  456  affect the ability of individuals, businesses, or governmental
  457  entities to acquire, install, or use an electric vehicle charger
  458  for their own vehicles.
  459         (2) The Department of Agriculture and Consumer Services
  460  shall adopt rules to provide definitions, methods of sale,
  461  labeling requirements, and price-posting requirements for
  462  electric vehicle charging stations to allow for consistency for
  463  consumers and the industry.
  464         (3)(a) It is unlawful for a person to stop, stand, or park
  465  a vehicle that is not capable of using an electrical recharging
  466  station within any parking space specifically designated for
  467  charging an electric vehicle.
  468         (b) If a law enforcement officer finds a motor vehicle in
  469  violation of this subsection, the officer or specialist shall
  470  charge the operator or other person in charge of the vehicle in
  471  violation with a noncriminal traffic infraction, punishable as
  472  provided in s. 316.008(4) or s. 318.18.
  473         (4)The commission may approve voluntary public utility
  474  programs to become effective on or after January 1, 2025, for
  475  residential, customer-specific electric vehicle charging if the
  476  commission determines that the rates and rate structure of the
  477  program will not adversely impact the public utility’s general
  478  body of ratepayers. All revenues received from the program must
  479  be credited to the public utility’s retail ratepayers. This
  480  provision does not preclude cost recovery for electric vehicle
  481  charging programs approved by the commission before January 1,
  482  2025.
  483         Section 9. Section 377.601, Florida Statutes, is amended to
  484  read:
  485         377.601 Legislative intent.—
  486         (1) The purpose of the state’s energy policy is to ensure
  487  an adequate and reliable supply of energy for the state in a
  488  manner that promotes the health and welfare of the public and
  489  economic growth. The Legislature intends that governance of the
  490  state’s energy policy be efficiently directed toward achieving
  491  this purpose. The Legislature finds that the state’s energy
  492  security can be increased by lessening dependence on foreign
  493  oil; that the impacts of global climate change can be reduced
  494  through the reduction of greenhouse gas emissions; and that the
  495  implementation of alternative energy technologies can be a
  496  source of new jobs and employment opportunities for many
  497  Floridians. The Legislature further finds that the state is
  498  positioned at the front line against potential impacts of global
  499  climate change. Human and economic costs of those impacts can be
  500  averted by global actions and, where necessary, adapted to by a
  501  concerted effort to make Florida’s communities more resilient
  502  and less vulnerable to these impacts. In focusing the
  503  government’s policy and efforts to benefit and protect our
  504  state, its citizens, and its resources, the Legislature believes
  505  that a single government entity with a specific focus on energy
  506  and climate change is both desirable and advantageous. Further,
  507  the Legislature finds that energy infrastructure provides the
  508  foundation for secure and reliable access to the energy supplies
  509  and services on which Florida depends. Therefore, there is
  510  significant value to Florida consumers that comes from
  511  investment in Florida’s energy infrastructure that increases
  512  system reliability, enhances energy independence and
  513  diversification, stabilizes energy costs, and reduces greenhouse
  514  gas emissions.
  515         (2)For the purposes of subsection (1), the state’s energy
  516  policy must be guided by the following goals:
  517         (a)Ensuring a cost-effective and affordable energy supply.
  518         (b)Ensuring adequate supply and capacity.
  519         (c)Ensuring a secure, resilient, and reliable energy
  520  supply, with an emphasis on a diverse supply of domestic energy
  521  resources.
  522         (d)Protecting public safety.
  523         (e)Ensuring consumer choice.
  524         (f)Protecting the state’s natural resources, including its
  525  coastlines, tributaries, and waterways.
  526         (g)Supporting economic growth.
  527         (3)(2)In furtherance of the goals in subsection (2), it is
  528  the policy of the State of Florida to:
  529         (a) Develop and Promote the cost-effective development and
  530  effective use of a diverse supply of domestic energy resources
  531  in the state and, discourage all forms of energy waste, and
  532  recognize and address the potential of global climate change
  533  wherever possible.
  534         (b) Promote the cost-effective development and maintenance
  535  of energy infrastructure that is resilient to natural and
  536  manmade threats to the security and reliability of the state’s
  537  energy supply. Play a leading role in developing and instituting
  538  energy management programs aimed at promoting energy
  539  conservation, energy security, and the reduction of greenhouse
  540  gas emissions.
  541         (c)Reduce reliance on foreign energy resources.
  542         (d)(c) Include energy considerations in all state,
  543  regional, and local planning.
  544         (e)(d) Utilize and manage effectively energy resources used
  545  within state agencies.
  546         (f)(e) Encourage local governments to include energy
  547  considerations in all planning and to support their work in
  548  promoting energy management programs.
  549         (g)(f) Include the full participation of citizens in the
  550  development and implementation of energy programs.
  551         (h)(g) Consider in its decisions the energy needs of each
  552  economic sector, including residential, industrial, commercial,
  553  agricultural, and governmental uses, and reduce those needs
  554  whenever possible.
  555         (i)(h) Promote energy education and the public
  556  dissemination of information on energy and its impacts in
  557  relation to the goals in subsection (2) environmental, economic,
  558  and social impact.
  559         (j)(i) Encourage the research, development, demonstration,
  560  and application of domestic energy resources, including the use
  561  of alternative energy resources, particularly renewable energy
  562  resources.
  563         (k)(j) Consider, in its decisionmaking, the impacts of
  564  energy-related activities on the goals in subsection (2) social,
  565  economic, and environmental impacts of energy-related
  566  activities, including the whole-life-cycle impacts of any
  567  potential energy use choices, so that detrimental effects of
  568  these activities are understood and minimized.
  569         (l)(k) Develop and maintain energy emergency preparedness
  570  plans to minimize the effects of an energy shortage within the
  571  state Florida.
  572         Section 10. Subsection (2) of section 377.6015, Florida
  573  Statutes, is amended to read:
  574         377.6015 Department of Agriculture and Consumer Services;
  575  powers and duties.—
  576         (2) The department shall:
  577         (a)Administer the Florida Renewable Energy and Energy
  578  Efficient Technologies Grants Program pursuant to s. 377.804 to
  579  assure a robust grant portfolio.
  580         (a)(b) Develop policy for requiring grantees to provide
  581  royalty-sharing or licensing agreements with state government
  582  for commercialized products developed under a state grant.
  583         (c)Administer the Florida Green Government Grants Act
  584  pursuant to s. 377.808 and set annual priorities for grants.
  585         (b)(d) Administer the information gathering and reporting
  586  functions pursuant to ss. 377.601-377.608.
  587         (e)Administer the provisions of the Florida Energy and
  588  Climate Protection Act pursuant to ss. 377.801-377.804.
  589         (c)(f) Advocate for energy and climate change issues
  590  consistent with the goals in s. 377.601(2) and provide
  591  educational outreach and technical assistance in cooperation
  592  with the state’s academic institutions.
  593         (d)(g) Be a party in the proceedings to adopt goals and
  594  submit comments to the Public Service Commission pursuant to s.
  595  366.82.
  596         (e)(h) Adopt rules pursuant to chapter 120 in order to
  597  implement all powers and duties described in this section.
  598         Section 11. Subsection (1) and paragraphs (e), (f), and (m)
  599  of subsection (2) of section 377.703, Florida Statutes, are
  600  amended to read:
  601         377.703 Additional functions of the Department of
  602  Agriculture and Consumer Services.—
  603         (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
  604  demand questions have become a major area of concern to the
  605  state which must be dealt with by effective and well-coordinated
  606  state action, it is the intent of the Legislature to promote the
  607  efficient, effective, and economical management of energy
  608  problems, centralize energy coordination responsibilities,
  609  pinpoint responsibility for conducting energy programs, and
  610  ensure the accountability of state agencies for the
  611  implementation of s. 377.601 s. 377.601(2), the state energy
  612  policy. It is the specific intent of the Legislature that
  613  nothing in this act shall in any way change the powers, duties,
  614  and responsibilities assigned by the Florida Electrical Power
  615  Plant Siting Act, part II of chapter 403, or the powers, duties,
  616  and responsibilities of the Florida Public Service Commission.
  617         (2) DUTIES.—The department shall perform the following
  618  functions, unless as otherwise provided, consistent with the
  619  development of a state energy policy:
  620         (e) The department shall analyze energy data collected and
  621  prepare long-range forecasts of energy supply and demand in
  622  coordination with the Florida Public Service Commission, which
  623  is responsible for electricity and natural gas forecasts. To
  624  this end, the forecasts shall contain:
  625         1. An analysis of the relationship of state economic growth
  626  and development to energy supply and demand, including the
  627  constraints to economic growth resulting from energy supply
  628  constraints.
  629         2. Plans for the development of renewable energy resources
  630  and reduction in dependence on depletable energy resources,
  631  particularly oil and natural gas, and An analysis of the extent
  632  to which domestic energy resources, including renewable energy
  633  sources, are being utilized in the state.
  634         3. Consideration of alternative scenarios of statewide
  635  energy supply and demand for 5, 10, and 20 years to identify
  636  strategies for long-range action, including identification of
  637  potential impacts in relation to the goals in s. 377.601(2)
  638  social, economic, and environmental effects.
  639         4. An assessment of the state’s energy resources, including
  640  examination of the availability of commercially developable and
  641  imported fuels, and an analysis of anticipated impacts in
  642  relation to the goals in s. 377.601(2) effects on the state’s
  643  environment and social services resulting from energy resource
  644  development activities or from energy supply constraints, or
  645  both.
  646         (f) The department shall submit an annual report to the
  647  Governor and the Legislature reflecting its activities and
  648  making recommendations for policies for improvement of the
  649  state’s response to energy supply and demand and its effect on
  650  the health, safety, and welfare of the residents of this state.
  651  The report must include a report from the Florida Public Service
  652  Commission on electricity and natural gas and information on
  653  energy conservation programs conducted and underway in the past
  654  year and include recommendations for energy efficiency and
  655  conservation programs for the state, including:
  656         1. Formulation of specific recommendations for improvement
  657  in the efficiency of energy utilization in governmental,
  658  residential, commercial, industrial, and transportation sectors.
  659         2. Collection and dissemination of information relating to
  660  energy efficiency and conservation.
  661         3. Development and conduct of educational and training
  662  programs relating to energy efficiency and conservation.
  663         4. An analysis of the ways in which state agencies are
  664  seeking to implement s. 377.601 s. 377.601(2), the state energy
  665  policy, and recommendations for better fulfilling this policy.
  666         (m) In recognition of the devastation to the economy of
  667  this state and the dangers to the health and welfare of
  668  residents of this state caused by severe hurricanes, and the
  669  potential for such impacts caused by other natural disasters,
  670  the Division of Emergency Management shall include in its energy
  671  emergency contingency plan and provide to the Florida Building
  672  Commission for inclusion in the Florida Energy Efficiency Code
  673  for Building Construction specific provisions to facilitate the
  674  use of cost-effective solar energy technologies as emergency
  675  remedial and preventive measures for providing electric power,
  676  street lighting, and water heating service in the event of
  677  electric power outages.
  678         Section 12. Sections 377.801, 377.802, 377.803, 377.804,
  679  377.808, 377.809, and 377.816, Florida Statutes, are repealed.
  680         Section 13. (1)For programs established pursuant to s.
  681  377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
  682  Statutes, there may not be:
  683         (a)New or additional applications, certifications, or
  684  allocations approved.
  685         (b)New letters of certification issued.
  686         (c)New contracts or agreements executed.
  687         (d)New awards made.
  688         (2)All certifications or allocations issued under such
  689  programs are rescinded except for the certifications of, or
  690  allocations to, those certified applicants or projects that
  691  continue to meet the applicable criteria in effect before July
  692  1, 2024. Any existing contract or agreement authorized under any
  693  of these programs shall continue in full force and effect in
  694  accordance with the statutory requirements in effect when the
  695  contract or agreement was executed or last modified. However,
  696  further modifications, extensions, or waivers may not be made or
  697  granted relating to such contracts or agreements, except
  698  computations by the Department of Revenue of the income
  699  generated by or arising out of the qualifying project.
  700         Section 14. Subsection (7) of section 288.9606, Florida
  701  Statutes, is amended to read:
  702         288.9606 Issue of revenue bonds.—
  703         (7) Notwithstanding any provision of this section, the
  704  corporation in its corporate capacity may, without authorization
  705  from a public agency under s. 163.01(7), issue revenue bonds or
  706  other evidence of indebtedness under this section to:
  707         (a) Finance the undertaking of any project within the state
  708  that promotes renewable energy as defined in s. 366.91 or s.
  709  377.803;
  710         (b) Finance the undertaking of any project within the state
  711  that is a project contemplated or allowed under s. 406 of the
  712  American Recovery and Reinvestment Act of 2009; or
  713         (c) If permitted by federal law, finance qualifying
  714  improvement projects within the state under s. 163.08; or.
  715         (d) Finance the costs of acquisition or construction of a
  716  transportation facility by a private entity or consortium of
  717  private entities under a public-private partnership agreement
  718  authorized by s. 334.30.
  719         Section 15. Paragraph (w) of subsection (2) of section
  720  380.0651, Florida Statutes, is amended to read:
  721         380.0651 Statewide guidelines, standards, and exemptions.—
  722         (2) STATUTORY EXEMPTIONS.—The following developments are
  723  exempt from s. 380.06:
  724         (w)Any development in an energy economic zone designated
  725  pursuant to s. 377.809 upon approval by its local governing
  726  body.
  727  
  728  If a use is exempt from review pursuant to paragraphs (a)-(u),
  729  but will be part of a larger project that is subject to review
  730  pursuant to s. 380.06(12), the impact of the exempt use must be
  731  included in the review of the larger project, unless such exempt
  732  use involves a development that includes a landowner, tenant, or
  733  user that has entered into a funding agreement with the state
  734  land planning agency under the Innovation Incentive Program and
  735  the agreement contemplates a state award of at least $50
  736  million.
  737         Section 16. Subsection (2) of section 403.9405, Florida
  738  Statutes, is amended to read:
  739         403.9405 Applicability; certification; exemption; notice of
  740  intent.—
  741         (2) No construction of A natural gas transmission pipeline
  742  may not be constructed be undertaken after October 1, 1992,
  743  without first obtaining certification under ss. 403.9401
  744  403.9425, but these sections do not apply to:
  745         (a) Natural gas transmission pipelines which are less than
  746  100 15 miles in length or which do not cross a county line,
  747  unless the applicant has elected to apply for certification
  748  under ss. 403.9401-403.9425.
  749         (b) Natural gas transmission pipelines for which a
  750  certificate of public convenience and necessity has been issued
  751  under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
  752  natural gas transmission pipeline certified as an associated
  753  facility to an electrical power plant pursuant to the Florida
  754  Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
  755  the applicant elects to apply for certification of that pipeline
  756  under ss. 403.9401-403.9425.
  757         (c) Natural gas transmission pipelines that are owned or
  758  operated by a municipality or any agency thereof, by any person
  759  primarily for the local distribution of natural gas, or by a
  760  special district created by special act to distribute natural
  761  gas, unless the applicant elects to apply for certification of
  762  that pipeline under ss. 403.9401-403.9425.
  763         Section 17. Subsection (3) of section 720.3075, Florida
  764  Statutes, is amended to read:
  765         720.3075 Prohibited clauses in association documents.—
  766         (3) Homeowners’ association documents, including
  767  declarations of covenants, articles of incorporation, or bylaws,
  768  may not preclude:
  769         (a) The display of up to two portable, removable flags as
  770  described in s. 720.304(2)(a) by property owners. However, all
  771  flags must be displayed in a respectful manner consistent with
  772  the requirements for the United States flag under 36 U.S.C.
  773  chapter 10.
  774         (b)Types or fuel sources of energy production which may be
  775  used, delivered, converted, or supplied by the following
  776  entities to serve customers within the association that such
  777  entities are authorized to serve:
  778         1.A public utility or an electric utility as defined in
  779  this chapter;
  780         2.An entity formed under s. 163.01 that generates, sells,
  781  or transmits electrical energy;
  782         3.A natural gas utility as defined in s. 366.04(3)(c);
  783         4.A natural gas transmission company as defined in s.
  784  368.103; or
  785         5.A Category I liquefied petroleum gas dealer, a Category
  786  II liquefied petroleum gas dispenser, or a Category III
  787  liquefied petroleum gas cylinder exchange operator as defined in
  788  s. 527.01.
  789         (c)The use of an appliance, including a stove or grill,
  790  which uses the types or fuel sources of energy production which
  791  may be used, delivered, converted, or supplied by the entities
  792  listed in paragraph (b). As used in this paragraph, the term
  793  “appliance” means a device or apparatus manufactured and
  794  designed to use energy and for which the Florida Building Code
  795  or the Florida Fire Prevention Code provides specific
  796  requirements.
  797         Section 18. (1)Recognizing the continued development and
  798  growth of markets for technologies that allow businesses and
  799  consumers to generate, store, and manage electrical energy for
  800  their own use, and recognizing that the use of these
  801  technologies has the potential to significantly impact the
  802  electric grid and consumer choice, the Legislature directs the
  803  Public Service Commission to ensure that these technologies are
  804  used in a manner that best maintains the integrity of the state
  805  electricity grid through market-based policies for consumers and
  806  public utilities and through electric grid improvements that
  807  ensure the safe, reliable, and cost-effective use of electrical
  808  power from these technologies. Specifically, the commission
  809  shall develop policies that establish programs and rate
  810  mechanisms for smart energy demand response and for customer
  811  owned generation and energy storage exported to the grid or used
  812  to enhance grid stability or resilience and reduce costs, such
  813  that financial benefits are shared among users of these
  814  technologies, public utilities, and their general body of
  815  ratepayers based on the value provided by and to each party. The
  816  policies shall also address the modernization of the state’s
  817  electric grid to ensure that the necessary infrastructure is in
  818  place to implement these programs and rate mechanisms. The
  819  policies must ensure that equipment used by utilities and
  820  consumers to implement and participate in these programs and
  821  rate mechanisms is manufactured in the United States or in
  822  countries engaged in commerce with the United States pursuant to
  823  free trade agreements.
  824         (2)By January 1, 2025, the commission shall submit a
  825  report to the Legislature that contains the policies developed
  826  pursuant to this section, including the basis for each policy
  827  and any matters that the commission deems relevant for the
  828  Legislature’s consideration in evaluating these policies. Such
  829  policies may not be implemented until approved by the
  830  Legislature, with the exception of limited pilot projects and
  831  programs.
  832         Section 19. (1)The Public Service Commission shall conduct
  833  an assessment of the security and resiliency of the state’s
  834  electric grid and natural gas facilities against both physical
  835  threats and cyber threats. The commission shall consult with the
  836  Florida Digital Service in assessing cyber threats. All electric
  837  utilities, natural gas utilities, and natural gas pipelines
  838  operating in this state, regardless of ownership structure,
  839  shall cooperate with the commission to provide access to all
  840  information necessary to conduct the assessment.
  841         (2)By January 1, 2025, the commission shall submit a
  842  report of its assessment to the Governor, the President of the
  843  Senate, and the Speaker of the House of Representatives. The
  844  report must also contain any recommendations for potential
  845  legislative or administrative actions that may enhance the
  846  physical security or cyber security of the state’s electric grid
  847  or natural gas facilities.
  848         Section 20. (1)Recognizing the evolution and advances that
  849  have occurred and continue to occur in nuclear power
  850  technologies, the Public Service Commission shall study and
  851  evaluate the technical and economic feasibility of using
  852  advanced nuclear power technologies, including small modular
  853  reactors, to meet the electrical power needs of the state, and
  854  research means to encourage and foster the installation and use
  855  of such technologies at military installations in the state.
  856         (2)By January 1, 2025, the commission shall prepare and
  857  submit a report to the Governor, the President of the Senate,
  858  and the Speaker of the House of Representatives, containing its
  859  findings and any recommendations for potential legislative or
  860  administrative actions that may enhance the use of advanced
  861  nuclear technologies in a manner consistent with the energy
  862  policy goals in s. 377.601(2), Florida Statutes.
  863         Section 21. (1)Recognizing the continued development of
  864  technologies that support the use of hydrogen as a
  865  transportation fuel and the potential for such use to help meet
  866  the state’s energy policy goals in s. 377.601(2), Florida
  867  Statutes, the Department of Transportation, in consultation with
  868  the Office of Energy within the Department of Agriculture and
  869  Consumer Services, shall study and evaluate the potential
  870  development of hydrogen fueling infrastructure, including
  871  fueling stations, to support hydrogen-powered vehicles that use
  872  the state highway system.
  873         (2)By January 1, 2025, the department shall prepare and
  874  submit a report to the Governor, the President of the Senate,
  875  and the Speaker of the House of Representatives, containing its
  876  findings and any recommendations for potential legislative or
  877  administrative actions that may accommodate the future
  878  development of hydrogen fueling infrastructure in a manner
  879  consistent with the energy policy goals in s. 377.601(2),
  880  Florida Statutes.
  881         Section 22. Except as otherwise expressly provided in this
  882  act, this act shall take effect July 1, 2024.

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