Bill Text: FL S1624 | 2024 | Regular Session | Comm Sub
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-Comm_Sub.html
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 SB 1624
By the Committee on Regulated Industries; and Senator Collins
580-02630-24 20241624c1
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; allowing resiliency facilities in certain land
5 use categories in local government comprehensive plans
6 and specified districts if certain criteria are met;
7 authorizing local governments to adopt ordinances for
8 resiliency facilities if certain requirements are met;
9 prohibiting amendments to a local government’s
10 comprehensive plan, land use map, zoning districts, or
11 land development regulations in a manner that would
12 conflict with resiliency facility classification after
13 a specified date; amending s. 286.29, F.S.; revising
14 energy guidelines for public businesses; deleting the
15 requirement that the Department of Management Services
16 develop and maintain the Florida Climate-Friendly
17 Preferred Products List; deleting the requirement that
18 state agencies contract for meeting and conference
19 space only with facilities that have Green Lodging
20 designations; deleting the requirement that state
21 agencies, state universities, community colleges, and
22 local governments that procure new vehicles under a
23 state purchasing plan select certain vehicles under a
24 specified circumstance; requiring the Department of
25 Management Services to develop a Florida Humane
26 Preferred Energy Products List in consultation with
27 the Department of Commerce and the Department of
28 Agriculture and Consumer Services; providing for
29 assessment considerations in developing the list;
30 defining the term “forced labor”; requiring state
31 agencies and political subdivisions that procure
32 energy products from state term contracts to consult
33 the list and purchase or procure such products;
34 prohibiting state agencies and political subdivisions
35 from purchasing or procuring products not included in
36 the list; amending s. 337.25, F.S.; prohibiting the
37 Department of Transportation from assigning or
38 transferring its permitting rights across
39 transportation rights-of-way operated by the
40 department to certain third parties under certain
41 circumstances; amending s. 337.403, F.S.; prohibiting
42 authorities from requiring the relocation of utilities
43 on behalf of certain other third-party or governmental
44 agency projects; amending s. 366.032, F.S.; including
45 development districts as a type of political
46 subdivision for purposes of preemption over utility
47 service restrictions; amending s. 366.04, F.S.;
48 requiring the Public Service Commission to approve
49 targeted storm reserve amounts for public utilities;
50 providing requirements for the targeted storm reserve
51 amounts; providing for base rate adjustments; amending
52 s. 366.075, F.S.; authorizing the commission to
53 establish an experimental mechanism to facilitate
54 energy infrastructure investment for renewable natural
55 gas; providing requirements for the experimental
56 mechanism; requiring the commission to adopt rules;
57 providing a timeframe for such rulemaking; amending s.
58 366.94, F.S.; deleting terminology; conforming
59 provisions to changes made by the act; authorizing the
60 commission upon a specified date to approve voluntary
61 public utility programs for electric vehicle charging
62 if certain requirements are met; requiring that all
63 revenues received from such program be credited to the
64 public utility’s general body of ratepayers; providing
65 applicability; creating s. 366.99, F.S.; defining
66 terms; authorizing public utilities to submit to the
67 commission a petition for a proposed cost recovery for
68 certain natural gas facilities relocation costs;
69 requiring the commission to conduct annual proceedings
70 to determine each utility’s prudently incurred natural
71 gas facilities relocation costs and to allow for the
72 recovery of such costs; providing requirements for the
73 commission’s review; providing requirements for the
74 allocation of such recovered costs; requiring the
75 commission to adopt rules; providing a timeframe for
76 such rulemaking; amending s. 377.601, F.S.; revising
77 legislative intent; amending s. 377.6015, F.S.;
78 revising the powers and duties of the department;
79 conforming provisions to changes made by the act;
80 amending s. 377.703, F.S.; revising additional
81 functions of the department relating to energy
82 resources; conforming provisions to changes made by
83 the act; repealing ss. 377.801, 377.802, 377.803,
84 377.804, 377.808, 377.809, and 377.816, F.S., relating
85 to the Florida Energy and Climate Protection Act, the
86 purpose of the act, and definitions under the act, the
87 Renewable Energy and Energy-Efficient Technologies
88 Grants Program, the Florida Green Government Grants
89 Act, the Energy Economic Zone Pilot Program, and the
90 qualified energy conservation bond allocation;
91 prohibiting the approval of new or additional
92 applications, certifications, or allocations under
93 such programs; prohibiting new contracts, agreements,
94 and awards under such programs; rescinding all
95 certifications or allocations issued under such
96 programs; providing an exception; providing
97 application relating to existing contracts or
98 agreements under such programs; amending ss. 288.9606
99 and 380.0651, F.S.; conforming provisions to changes
100 made by the act; amending s. 403.9405, F.S.; revising
101 the applicability of the Natural Gas Transmission
102 Pipeline Siting Act; amending s. 409.508, F.S.;
103 defining and redefining terms; requiring the
104 Department of Commerce to expand categorical
105 eligibility for the low-income home energy assistance
106 program to include individuals who are enrolled in
107 certain federal disability programs; requiring the
108 department to develop a comprehensive process for
109 automatic payments to be made on behalf of such
110 individuals; providing requirements for such process;
111 making technical changes; amending s. 720.3075, F.S.;
112 prohibiting certain homeowners’ association documents
113 from precluding certain types or fuel sources of
114 energy production and the use of certain appliances;
115 defining the term “appliance”; 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 which 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; amending s. 220.193, F.S.; conforming
145 a cross-reference; providing an effective date.
146
147 Be It Enacted by the Legislature of the State of Florida:
148
149 Section 1. Section 163.3210, Florida Statutes, is created
150 to read:
151 163.3210 Natural gas resiliency and reliability
152 infrastructure.—
153 (1) It is the intent of the Legislature to maintain,
154 encourage, and ensure adequate and reliable fuel sources for
155 public utilities. The resiliency and reliability of fuel sources
156 for public utilities is critical to the state’s economy; the
157 ability of the state to recover from natural disasters; and to
158 the health, safety, welfare, and quality of life of the
159 residents of the state.
160 (2) As used in this section, the term:
161 (a) “Natural gas” means all forms of fuel commonly or
162 commercially known or sold as natural gas, including compressed
163 natural gas and liquefied natural gas.
164 (b) “Natural gas reserve” means a facility that is capable
165 of storing and transporting and, when operational, actively
166 stores and transports a supply of natural gas.
167 (c) “Public utility” has the same meaning as defined in s.
168 366.02.
169 (d) “Resiliency facility” means a facility owned and
170 operated by a public utility for the purposes of assembling,
171 creating, holding, securing, or deploying natural gas reserves
172 for temporary use during a system outage or natural disaster.
173 (3) A resiliency facility is a permitted use in all
174 commercial, industrial, and manufacturing land use categories in
175 a local government comprehensive plan and all commercial,
176 industrial, and manufacturing districts. A resiliency facility
177 must comply with the setback and landscape criteria for other
178 similar uses. A local government may adopt an ordinance
179 specifying buffer and landscaping requirements for resiliency
180 facilities, provided that such requirements do not exceed the
181 requirements for similar uses involving the construction of
182 other facilities that are permitted uses in commercial,
183 industrial, and manufacturing land use categories and zoning
184 districts.
185 (4) After July 1, 2024, a local government may not amend
186 its comprehensive plan, land use map, zoning districts, or land
187 development regulations in a manner that would conflict with a
188 resiliency facility’s classification as a permitted and
189 allowable use, including, but not limited to, an amendment that
190 causes a resiliency facility to be a nonconforming use,
191 structure, or development.
192 Section 2. Section 286.29, Florida Statutes, is amended to
193 read:
194 286.29 Energy guidelines for Climate-friendly public
195 business.—The Legislature recognizes the importance of
196 leadership by state government in the area of energy efficiency
197 and in reducing the greenhouse gas emissions of state government
198 operations. The following shall pertain to all state agencies
199 when conducting public business:
200 (1) The Department of Management Services shall develop the
201 “Florida Climate-Friendly Preferred Products List.” In
202 maintaining that list, the department, in consultation with the
203 Department of Environmental Protection, shall continually assess
204 products currently available for purchase under state term
205 contracts to identify specific products and vendors that offer
206 clear energy efficiency or other environmental benefits over
207 competing products. When procuring products from state term
208 contracts, state agencies shall first consult the Florida
209 Climate-Friendly Preferred Products List and procure such
210 products if the price is comparable.
211 (2) State agencies shall contract for meeting and
212 conference space only with hotels or conference facilities that
213 have received the “Green Lodging” designation from the
214 Department of Environmental Protection for best practices in
215 water, energy, and waste efficiency standards, unless the
216 responsible state agency head makes a determination that no
217 other viable alternative exists.
218 (3) Each state agency shall ensure that all maintained
219 vehicles meet minimum maintenance schedules shown to reduce fuel
220 consumption, which include:
221 (a) Ensuring appropriate tire pressures and tread depth.;
222 (b) Replacing fuel filters and emission filters at
223 recommended intervals.;
224 (c) Using proper motor oils.; and
225 (d) Performing timely motor maintenance.
226
227 Each state agency shall measure and report compliance to the
228 Department of Management Services through the Equipment
229 Management Information System database.
230 (4) When procuring new vehicles, all state agencies, state
231 universities, community colleges, and local governments that
232 purchase vehicles under a state purchasing plan shall first
233 define the intended purpose for the vehicle and determine which
234 of the following use classes for which the vehicle is being
235 procured:
236 (a) State business travel, designated operator;
237 (b) State business travel, pool operators;
238 (c) Construction, agricultural, or maintenance work;
239 (d) Conveyance of passengers;
240 (e) Conveyance of building or maintenance materials and
241 supplies;
242 (f) Off-road vehicle, motorcycle, or all-terrain vehicle;
243 (g) Emergency response; or
244 (h) Other.
245
246 Vehicles described in paragraphs (a) through (h), when being
247 processed for purchase or leasing agreements, must be selected
248 for the greatest fuel efficiency available for a given use class
249 when fuel economy data are available. Exceptions may be made for
250 individual vehicles in paragraph (g) when accompanied, during
251 the procurement process, by documentation indicating that the
252 operator or operators will exclusively be emergency first
253 responders or have special documented need for exceptional
254 vehicle performance characteristics. Any request for an
255 exception must be approved by the purchasing agency head and any
256 exceptional performance characteristics denoted as a part of the
257 procurement process prior to purchase.
258 (2)(5) All state agencies shall use ethanol and biodiesel
259 blended fuels when available. State agencies administering
260 central fueling operations for state-owned vehicles shall
261 procure biofuels for fleet needs to the greatest extent
262 practicable.
263 (3)(a) The Department of Management Services shall, in
264 consultation with the Department of Commerce and the Department
265 of Agriculture and Consumer Services, develop a Florida Humane
266 Preferred Energy Products List. In developing the list, the
267 department must assess products currently available for purchase
268 under state term contracts that contain or consist of an energy
269 storage device with a capacity of greater than one kilowatt or
270 that contain or consist of an energy generation device with a
271 capacity of greater than 500 kilowatts and identify specific
272 products that appear to be largely made free from forced labor,
273 irrespective of the age of the worker. For purposes of this
274 subsection, the term “forced labor” means any work performed or
275 service rendered that is:
276 1. Obtained by intimidation, fraud, or coercion, including
277 by threat of serious bodily harm to, or physical restraint
278 against, a person, by means of a scheme intended to cause the
279 person to believe that if he or she does not perform such labor
280 or render such service, the person will suffer serious bodily
281 harm or physical restraint, or by means of the abuse or
282 threatened abuse of law or the legal process;
283 2. Imposed on the basis of a characteristic that has been
284 held by the United States Supreme Court or the Florida Supreme
285 Court to be protected against discrimination under the
286 Fourteenth Amendment to the United States Constitution or under
287 s. 2, Art. I of the State Constitution, including race, color,
288 national origin, religion, gender, or physical disability;
289 3. Not performed or rendered voluntarily by a person; or
290 4. In violation of the Child Labor Law or otherwise
291 performed or rendered through oppressive child labor.
292 (b) When procuring the types of energy products described
293 in paragraph (a) from state term contracts, state agencies and
294 political subdivisions shall first consult the Florida Humane
295 Preferred Energy Products List and may not purchase or procure
296 products not included in the list.
297 Section 3. Paragraph (e) is added to subsection (1) of
298 section 337.25, Florida Statutes, to read:
299 337.25 Acquisition, lease, and disposal of real and
300 personal property.—
301 (1)
302 (e) The department may not, without prior approval from the
303 Legislature, assign or transfer its permitting rights across any
304 transportation right-of-way operated by the department to a
305 third party or governmental entity that does not operate the
306 transportation right-of-way.
307 Section 4. Subsection (1) of section 337.403, Florida
308 Statutes, is amended to read:
309 337.403 Interference caused by utility; expenses.—
310 (1) If a utility that is placed upon, under, over, or
311 within the right-of-way limits of any public road or publicly
312 owned rail corridor is found by the authority to be unreasonably
313 interfering in any way with the convenient, safe, or continuous
314 use, or the maintenance, improvement, extension, or expansion,
315 of such public road or publicly owned rail corridor, the utility
316 owner shall, upon 30 days’ written notice to the utility or its
317 agent by the authority, initiate the work necessary to alleviate
318 the interference at its own expense except as provided in
319 paragraphs (a)-(j). The authority may not require a utility
320 within a public road operated by the authority to be relocated
321 on behalf of any other third-party or governmental agency
322 project related to a separate public or private road or
323 transportation corridor. The work must be completed within such
324 reasonable time as stated in the notice or such time as agreed
325 to by the authority and the utility owner.
326 (a) If the relocation of utility facilities, as referred to
327 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
328 84-627, is necessitated by the construction of a project on the
329 federal-aid interstate system, including extensions thereof
330 within urban areas, and the cost of the project is eligible and
331 approved for reimbursement by the Federal Government to the
332 extent of 90 percent or more under the Federal-Aid Highway Act,
333 or any amendment thereof, then in that event the utility owning
334 or operating such facilities shall perform any necessary work
335 upon notice from the department, and the state shall pay the
336 entire expense properly attributable to such work after
337 deducting therefrom any increase in the value of a new facility
338 and any salvage value derived from an old facility.
339 (b) When a joint agreement between the department and the
340 utility is executed for utility work to be accomplished as part
341 of a contract for construction of a transportation facility, the
342 department may participate in those utility work costs that
343 exceed the department’s official estimate of the cost of the
344 work by more than 10 percent. The amount of such participation
345 is limited to the difference between the official estimate of
346 all the work in the joint agreement plus 10 percent and the
347 amount awarded for this work in the construction contract for
348 such work. The department may not participate in any utility
349 work costs that occur as a result of changes or additions during
350 the course of the contract.
351 (c) When an agreement between the department and utility is
352 executed for utility work to be accomplished in advance of a
353 contract for construction of a transportation facility, the
354 department may participate in the cost of clearing and grubbing
355 necessary to perform such work.
356 (d) If the utility facility was initially installed to
357 exclusively serve the authority or its tenants, or both, the
358 authority shall bear the costs of the utility work. However, the
359 authority is not responsible for the cost of utility work
360 related to any subsequent additions to that facility for the
361 purpose of serving others. For a county or municipality, if such
362 utility facility was installed in the right-of-way as a means to
363 serve a county or municipal facility on a parcel of property
364 adjacent to the right-of-way and if the intended use of the
365 county or municipal facility is for a use other than
366 transportation purposes, the obligation of the county or
367 municipality to bear the costs of the utility work shall extend
368 only to utility work on the parcel of property on which the
369 facility of the county or municipality originally served by the
370 utility facility is located.
371 (e) If, under an agreement between a utility and the
372 authority entered into after July 1, 2009, the utility conveys,
373 subordinates, or relinquishes a compensable property right to
374 the authority for the purpose of accommodating the acquisition
375 or use of the right-of-way by the authority, without the
376 agreement expressly addressing future responsibility for the
377 cost of necessary utility work, the authority shall bear the
378 cost of removal or relocation. This paragraph does not impair or
379 restrict, and may not be used to interpret, the terms of any
380 such agreement entered into before July 1, 2009.
381 (f) If the utility is an electric facility being relocated
382 underground in order to enhance vehicular, bicycle, and
383 pedestrian safety and in which ownership of the electric
384 facility to be placed underground has been transferred from a
385 private to a public utility within the past 5 years, the
386 department shall incur all costs of the necessary utility work.
387 (g) An authority may bear the costs of utility work
388 required to eliminate an unreasonable interference when the
389 utility is not able to establish that it has a compensable
390 property right in the particular property where the utility is
391 located if:
392 1. The utility was physically located on the particular
393 property before the authority acquired rights in the property;
394 2. The utility demonstrates that it has a compensable
395 property right in adjacent properties along the alignment of the
396 utility or, after due diligence, certifies that the utility does
397 not have evidence to prove or disprove that it has a compensable
398 property right in the particular property where the utility is
399 located; and
400 3. The information available to the authority does not
401 establish the relative priorities of the authority’s and the
402 utility’s interests in the particular property.
403 (h) If a municipally owned utility or county-owned utility
404 is located in a rural area of opportunity, as defined in s.
405 288.0656(2), and the department determines that the utility is
406 unable, and will not be able within the next 10 years, to pay
407 for the cost of utility work necessitated by a department
408 project on the State Highway System, the department may pay, in
409 whole or in part, the cost of such utility work performed by the
410 department or its contractor.
411 (i) If the relocation of utility facilities is necessitated
412 by the construction of a commuter rail service project or an
413 intercity passenger rail service project and the cost of the
414 project is eligible and approved for reimbursement by the
415 Federal Government, then in that event the utility owning or
416 operating such facilities located by permit on a department
417 owned rail corridor shall perform any necessary utility
418 relocation work upon notice from the department, and the
419 department shall pay the expense properly attributable to such
420 utility relocation work in the same proportion as federal funds
421 are expended on the commuter rail service project or an
422 intercity passenger rail service project after deducting
423 therefrom any increase in the value of a new facility and any
424 salvage value derived from an old facility. In no event shall
425 the state be required to use state dollars for such utility
426 relocation work. This paragraph does not apply to any phase of
427 the Central Florida Commuter Rail project, known as SunRail.
428 (j) If a utility is lawfully located within an existing and
429 valid utility easement granted by recorded plat, regardless of
430 whether such land was subsequently acquired by the authority by
431 dedication, transfer of fee, or otherwise, the authority must
432 bear the cost of the utility work required to eliminate an
433 unreasonable interference. The authority shall pay the entire
434 expense properly attributable to such work after deducting any
435 increase in the value of a new facility and any salvage value
436 derived from an old facility.
437 Section 5. Subsections (1), (2), and (5) of section
438 366.032, Florida Statutes, are amended to read:
439 366.032 Preemption over utility service restrictions.—
440 (1) A municipality, county, special district, development
441 district, or other political subdivision of the state may not
442 enact or enforce a resolution, ordinance, rule, code, or policy
443 or take any action that restricts or prohibits or has the effect
444 of restricting or prohibiting the types or fuel sources of
445 energy production which may be used, delivered, converted, or
446 supplied by the following entities to serve customers that such
447 entities are authorized to serve:
448 (a) A public utility or an electric utility as defined in
449 this chapter;
450 (b) An entity formed under s. 163.01 that generates, sells,
451 or transmits electrical energy;
452 (c) A natural gas utility as defined in s. 366.04(3)(c);
453 (d) A natural gas transmission company as defined in s.
454 368.103; or
455 (e) A Category I liquefied petroleum gas dealer or Category
456 II liquefied petroleum gas dispenser or Category III liquefied
457 petroleum gas cylinder exchange operator as defined in s.
458 527.01.
459 (2) Except to the extent necessary to enforce the Florida
460 Building Code adopted pursuant to s. 553.73 or the Florida Fire
461 Prevention Code adopted pursuant to s. 633.202, a municipality,
462 county, special district, development district, or other
463 political subdivision of the state may not enact or enforce a
464 resolution, an ordinance, a rule, a code, or a policy or take
465 any action that restricts or prohibits or has the effect of
466 restricting or prohibiting the use of an appliance, including a
467 stove or grill, which uses the types or fuel sources of energy
468 production which may be used, delivered, converted, or supplied
469 by the entities listed in subsection (1). As used in this
470 subsection, the term “appliance” means a device or apparatus
471 manufactured and designed to use energy and for which the
472 Florida Building Code or the Florida Fire Prevention Code
473 provides specific requirements.
474 (5) Any municipality, county, special district, development
475 district, or political subdivision charter, resolution,
476 ordinance, rule, code, policy, or action that is preempted by
477 this act that existed before or on July 1, 2021, is void.
478 Section 6. Subsection (10) is added to section 366.04,
479 Florida Statutes, to read:
480 366.04 Jurisdiction of commission.—
481 (10) The commission shall approve a targeted storm reserve
482 amount to be effective January 1, 2025, for each public utility.
483 The targeted storm reserve amount must be set at a level equal
484 to 80 percent of the approved incremental storm costs incurred
485 for the public utility’s highest cost storm impacting its
486 service area over the 5 calendar years before January 2025. The
487 approved incremental storm costs that form the basis for the
488 targeted storm reserve amount must be based on the filings of
489 the public utility with the commission and orders issued by the
490 commission.
491 (a)1. The initial targeted storm reserve amount established
492 by the commission:
493 a. Is subject to adjustment on an annual basis for
494 successive rolling 5-year periods;
495 b. Must be funded by an increase in base rates effective
496 January 1, 2025; and
497 c. Must be designed to allow the utility to recover the
498 costs to fund the targeted reserve level over a 4-year period.
499 2. All base rate adjustments and accompanying tariffs must
500 be:
501 a. Implemented by administrative approval of the commission
502 and employ the most recent authorized base rate structure for
503 the public utility;
504 b. Filed by October 15 together with the current storm
505 reserve and supporting documentation and the highest cost storm
506 over the prior 5 years as reflected by commission order; and
507 c. Administratively approved by each November 15 to take
508 effect on January 1 of the following calendar year.
509 (b) Suspension of base rate increases and implementation of
510 base rate adjustments under this subsection based on use and
511 depletion of the storm reserve and the determination of the
512 annual storm reserve amount must be administratively determined
513 and approved by the commission consistent with calendar
514 deadlines under paragraph (a).
515 (c) The adjustments to base rates must be designed to fund
516 the public utility storm reserves; the cost recovery of such
517 base rates must be without regard to any impact on a public
518 utility’s previous, current, or projected earnings; and the
519 revenues from such base rates may not be considered in the
520 calculation of a public utility’s earnings in earnings
521 surveillance reports filed with the commission.
522 Section 7. Section 366.075, Florida Statutes, is amended to
523 read:
524 366.075 Experimental and transitional rates; experimental
525 mechanisms.—
526 (1) The commission is authorized to approve rates on an
527 experimental or transitional basis for any public utility to
528 encourage energy conservation or to encourage efficiency. The
529 application of such rates may be for limited geographic areas
530 and for a limited period.
531 (2) The commission is authorized to approve the geographic
532 area used in testing experimental rates and shall specify in the
533 order setting those rates the area affected. The commission may
534 extend the period designated for the test if it determines that
535 further testing is necessary to fully evaluate the effectiveness
536 of such experimental rates.
537 (3) The commission is authorized to establish an
538 experimental mechanism to facilitate energy infrastructure
539 investment consistent with the structure set forth in s.
540 366.96(7) and (8), the intent of s. 366.91(1), and the
541 definition of the term “renewable natural gas” in s.
542 366.91(2)(f). The commission shall have discretion to determine
543 whether to use an annual proceeding to conduct such experimental
544 mechanism. The commission shall adopt rules to implement and
545 administer this subsection and shall propose a rule for adoption
546 as soon as practicable after the effective date of this act, but
547 not later than October 31, 2024.
548 Section 8. Section 366.94, Florida Statutes, is amended to
549 read:
550 366.94 Electric vehicle charging stations.—
551 (1) The provision of electric vehicle charging to the
552 public by a nonutility is not the retail sale of electricity for
553 the purposes of this chapter. The rates, terms, and conditions
554 of electric vehicle charging services by a nonutility are not
555 subject to regulation under this chapter. This section does not
556 affect the ability of individuals, businesses, or governmental
557 entities to acquire, install, or use an electric vehicle charger
558 for their own vehicles.
559 (2) The Department of Agriculture and Consumer Services
560 shall adopt rules to provide definitions, methods of sale,
561 labeling requirements, and price-posting requirements for
562 electric vehicle charging stations to allow for consistency for
563 consumers and the industry.
564 (3)(a) It is unlawful for a person to stop, stand, or park
565 a vehicle that is not capable of using an electrical recharging
566 station within any parking space specifically designated for
567 charging an electric vehicle.
568 (b) If a law enforcement officer finds a motor vehicle in
569 violation of this subsection, the officer or specialist shall
570 charge the operator or other person in charge of the vehicle in
571 violation with a noncriminal traffic infraction, punishable as
572 provided in s. 316.008(4) or s. 318.18.
573 (4) The commission may approve voluntary public utility
574 programs to become effective on or after January 1, 2025, for
575 residential, customer-specific electric vehicle charging if the
576 commission determines that the rates and rate structure of the
577 program will not adversely impact the public utility’s general
578 body of ratepayers. All revenues received from the program must
579 be credited to the public utility’s retail ratepayers. This
580 provision does not preclude cost recovery for electric vehicle
581 charging programs approved by the commission before January 1,
582 2024.
583 Section 9. Section 366.99, Florida Statutes, is created to
584 read:
585 366.99 Natural gas facilities relocation costs.—
586 (1) As used in this section, the term:
587 (a) “Authority” has the same meaning as in s.
588 337.401(1)(a).
589 (b) “Facilities relocation” means the physical moving,
590 modification, or reconstruction of public utility facilities to
591 accommodate the requirements imposed by an authority.
592 (c) “Natural gas facilities” or “facilities” means gas
593 mains, laterals, and service lines used to distribute natural
594 gas to customers. The term includes all ancillary equipment
595 needed for safe operations, including, but not limited to,
596 regulating stations, meters, other measuring devices,
597 regulators, and pressure monitoring equipment.
598 (d) “Natural gas facilities relocation costs” means the
599 costs to relocate or reconstruct facilities as required by a
600 mandate, a statute, a law, an ordinance, or an agreement between
601 the utility and an authority, including, but not limited to,
602 costs associated with reviewing plans provided by an authority.
603 The term does not include any costs recovered through the public
604 utility’s base rates.
605 (e) “Public utility” or “utility” has the same meaning as
606 in s. 366.02, except that the term does not include an electric
607 utility.
608 (2) A utility may submit to the commission, pursuant to
609 commission rule, a petition describing the utility’s projected
610 natural gas facilities relocation costs for the next calendar
611 year, actual natural gas facilities relocation costs for the
612 prior calendar year, and proposed cost-recovery factors designed
613 to recover such costs. A utility’s decision to proceed with
614 implementing a plan before filing such a petition does not
615 constitute imprudence.
616 (3) The commission shall conduct an annual proceeding to
617 determine each utility’s prudently incurred natural gas
618 facilities relocation costs and to allow each utility to recover
619 such costs through a charge separate and apart from base rates,
620 to be referred to as the natural gas facilities relocation cost
621 recovery clause. The commission’s review in the proceeding is
622 limited to determining the prudence of the utility’s actual
623 incurred natural gas facilities relocation costs and the
624 reasonableness of the utility’s projected natural gas facilities
625 relocation costs for the following calendar year; and providing
626 for a true-up of the costs with the projections on which past
627 factors were set. The commission shall require that any refund
628 or collection made as a part of the true-up process includes
629 interest.
630 (4) All costs approved for recovery through the natural gas
631 facilities relocation cost recovery clause must be allocated to
632 customer classes pursuant to the rate design most recently
633 approved by the commission.
634 (5) If a capital expenditure is recoverable as a natural
635 gas facilities relocation cost, the public utility may recover
636 the annual depreciation on the cost, calculated at the public
637 utility’s current approved depreciation rates, and a return on
638 the undepreciated balance of the costs at the public utility’s
639 weighted average cost of capital using the last approved return
640 on equity.
641 (6) The commission shall adopt rules to implement and
642 administer this section and shall propose a rule for adoption as
643 soon as practicable after July 1, 2024.
644 Section 10. Section 377.601, Florida Statutes, is amended
645 to read:
646 377.601 Legislative intent.—
647 (1) The purpose of the state’s energy policy is to ensure
648 an adequate and reliable supply of energy for the state in a
649 manner that promotes the health and welfare of the public and
650 economic growth. The Legislature intends that governance of the
651 state’s energy policy be efficiently directed toward achieving
652 this purpose The Legislature finds that the state’s energy
653 security can be increased by lessening dependence on foreign
654 oil; that the impacts of global climate change can be reduced
655 through the reduction of greenhouse gas emissions; and that the
656 implementation of alternative energy technologies can be a
657 source of new jobs and employment opportunities for many
658 Floridians. The Legislature further finds that the state is
659 positioned at the front line against potential impacts of global
660 climate change. Human and economic costs of those impacts can be
661 averted by global actions and, where necessary, adapted to by a
662 concerted effort to make Florida’s communities more resilient
663 and less vulnerable to these impacts. In focusing the
664 government’s policy and efforts to benefit and protect our
665 state, its citizens, and its resources, the Legislature believes
666 that a single government entity with a specific focus on energy
667 and climate change is both desirable and advantageous. Further,
668 the Legislature finds that energy infrastructure provides the
669 foundation for secure and reliable access to the energy supplies
670 and services on which Florida depends. Therefore, there is
671 significant value to Florida consumers that comes from
672 investment in Florida’s energy infrastructure that increases
673 system reliability, enhances energy independence and
674 diversification, stabilizes energy costs, and reduces greenhouse
675 gas emissions.
676 (2) For the purposes of subsection (1), the state’s energy
677 policy must be guided by the following goals:
678 (a) Ensuring a cost-effective and affordable energy supply.
679 (b) Ensuring adequate supply and capacity.
680 (c) Ensuring a secure, resilient, and reliable energy
681 supply, with an emphasis on a diverse supply of domestic energy
682 resources.
683 (d) Protecting public safety.
684 (e) Ensuring consumer choice.
685 (f) Protecting the state’s natural resources, including its
686 coastlines, tributaries, and waterways.
687 (g) Supporting economic growth.
688 (3)(2) In furtherance of the goals in subsection (2), it is
689 the policy of the state of Florida to:
690 (a) Develop and Promote the cost-effective development and
691 effective use of a diverse supply of domestic energy resources
692 in this the state and, discourage all forms of energy waste, and
693 recognize and address the potential of global climate change
694 wherever possible.
695 (b) Promote the cost-effective development and maintenance
696 of energy infrastructure that is resilient to natural and
697 manmade threats to the security and reliability of the state’s
698 energy supply Play a leading role in developing and instituting
699 energy management programs aimed at promoting energy
700 conservation, energy security, and the reduction of greenhouse
701 gas emissions.
702 (c) Reduce reliance on foreign energy resources.
703 (d)(c) Include energy considerations in all state,
704 regional, and local planning.
705 (e)(d) Utilize and manage effectively energy resources used
706 within state agencies.
707 (f)(e) Encourage local governments to include energy
708 considerations in all planning and to support their work in
709 promoting energy management programs.
710 (g)(f) Include the full participation of citizens in the
711 development and implementation of energy programs.
712 (h)(g) Consider in its decisions the energy needs of each
713 economic sector, including residential, industrial, commercial,
714 agricultural, and governmental uses, and reduce those needs
715 whenever possible.
716 (i)(h) Promote energy education and the public
717 dissemination of information on energy and its impacts in
718 relation to the goals in subsection (2) environmental, economic,
719 and social impact.
720 (j)(i) Encourage the research, development, demonstration,
721 and application of domestic energy resources, including the use
722 of alternative energy resources, particularly renewable energy
723 resources.
724 (k)(j) Consider, in its decisionmaking, the impacts of
725 energy-related activities on the goals in subsection (2) social,
726 economic, and environmental impacts of energy-related
727 activities, including the whole-life-cycle impacts of any
728 potential energy use choices, so that detrimental effects of
729 these activities are understood and minimized.
730 (l)(k) Develop and maintain energy emergency preparedness
731 plans to minimize the effects of an energy shortage within this
732 state Florida.
733 Section 11. Subsection (2) of section 377.6015, Florida
734 Statutes, is amended to read:
735 377.6015 Department of Agriculture and Consumer Services;
736 powers and duties.—
737 (2) The department shall:
738 (a) Administer the Florida Renewable Energy and Energy
739 Efficient Technologies Grants Program pursuant to s. 377.804 to
740 assure a robust grant portfolio.
741 (b) Develop policy for requiring grantees to provide
742 royalty-sharing or licensing agreements with state government
743 for commercialized products developed under a state grant.
744 (c) Administer the Florida Green Government Grants Act
745 pursuant to s. 377.808 and set annual priorities for grants.
746 (b)(d) Administer the information gathering and reporting
747 functions pursuant to ss. 377.601-377.608.
748 (e) Administer the provisions of the Florida Energy and
749 Climate Protection Act pursuant to ss. 377.801-377.804.
750 (c)(f) Advocate for energy and climate change issues
751 consistent with the goals in s. 377.601(2) and provide
752 educational outreach and technical assistance in cooperation
753 with the state’s academic institutions.
754 (d)(g) Be a party in the proceedings to adopt goals and
755 submit comments to the Public Service Commission pursuant to s.
756 366.82.
757 (e)(h) Adopt rules pursuant to chapter 120 in order to
758 implement all powers and duties described in this section.
759 Section 12. Subsection (1) and paragraphs (e), (f), and (m)
760 of subsection (2) of section 377.703, Florida Statutes, are
761 amended to read:
762 377.703 Additional functions of the Department of
763 Agriculture and Consumer Services.—
764 (1) LEGISLATIVE INTENT.—Recognizing that energy supply and
765 demand questions have become a major area of concern to the
766 state which must be dealt with by effective and well-coordinated
767 state action, it is the intent of the Legislature to promote the
768 efficient, effective, and economical management of energy
769 problems, centralize energy coordination responsibilities,
770 pinpoint responsibility for conducting energy programs, and
771 ensure the accountability of state agencies for the
772 implementation of s. 377.601 s. 377.601(2), the state energy
773 policy. It is the specific intent of the Legislature that
774 nothing in this act shall in any way change the powers, duties,
775 and responsibilities assigned by the Florida Electrical Power
776 Plant Siting Act, part II of chapter 403, or the powers, duties,
777 and responsibilities of the Florida Public Service Commission.
778 (2) DUTIES.—The department shall perform the following
779 functions, unless as otherwise provided, consistent with the
780 development of a state energy policy:
781 (e) The department shall analyze energy data collected and
782 prepare long-range forecasts of energy supply and demand in
783 coordination with the Florida Public Service Commission, which
784 is responsible for electricity and natural gas forecasts. To
785 this end, the forecasts shall contain:
786 1. An analysis of the relationship of state economic growth
787 and development to energy supply and demand, including the
788 constraints to economic growth resulting from energy supply
789 constraints.
790 2. Plans for the development of renewable energy resources
791 and reduction in dependence on depletable energy resources,
792 particularly oil and natural gas, and An analysis of the extent
793 to which domestic energy resources, including renewable energy
794 sources, are being utilized in this the state.
795 3. Consideration of alternative scenarios of statewide
796 energy supply and demand for 5, 10, and 20 years to identify
797 strategies for long-range action, including identification of
798 potential impacts in relation to the goals in s. 377.601(2)
799 social, economic, and environmental effects.
800 4. An assessment of the state’s energy resources, including
801 examination of the availability of commercially developable and
802 imported fuels, and an analysis of anticipated impacts in
803 relation to the goals in s. 377.601(2) effects on the state’s
804 environment and social services resulting from energy resource
805 development activities or from energy supply constraints, or
806 both.
807 (f) The department shall submit an annual report to the
808 Governor and the Legislature reflecting its activities and
809 making recommendations for policies for improvement of the
810 state’s response to energy supply and demand and its effect on
811 the health, safety, and welfare of the residents of this state.
812 The report must include a report from the Florida Public Service
813 Commission on electricity and natural gas and information on
814 energy conservation programs conducted and underway in the past
815 year and include recommendations for energy efficiency and
816 conservation programs for the state, including:
817 1. Formulation of specific recommendations for improvement
818 in the efficiency of energy utilization in governmental,
819 residential, commercial, industrial, and transportation sectors.
820 2. Collection and dissemination of information relating to
821 energy efficiency and conservation.
822 3. Development and conduct of educational and training
823 programs relating to energy efficiency and conservation.
824 4. An analysis of the ways in which state agencies are
825 seeking to implement s. 377.601 s. 377.601(2), the state energy
826 policy, and recommendations for better fulfilling this policy.
827 (m) In recognition of the devastation to the economy of
828 this state and the dangers to the health and welfare of
829 residents of this state caused by severe hurricanes, and the
830 potential for such impacts caused by other natural disasters,
831 the Division of Emergency Management shall include in its energy
832 emergency contingency plan and provide to the Florida Building
833 Commission for inclusion in the Florida Energy Efficiency Code
834 for Building Construction specific provisions to facilitate the
835 use of cost-effective solar energy technologies as emergency
836 remedial and preventive measures for providing electric power,
837 street lighting, and water heating service in the event of
838 electric power outages.
839 Section 13. Sections 377.801, 377.802, 377.803, 377.804,
840 377.808, 377.809, and 377.816, Florida Statutes, are repealed.
841 Section 14. (1) For programs established pursuant to s.
842 377.804, s. 377.808, s. 377.809, or s. 377.816, Florida
843 Statutes, there may not be:
844 (a) New or additional applications, certifications, or
845 allocations approved.
846 (b) New letters of certification issued.
847 (c) New contracts or agreements executed.
848 (d) New awards made.
849 (2) All certifications or allocations issued under such
850 programs are rescinded except for the certifications of, or
851 allocations to, those certified applicants or projects that
852 continue to meet the applicable criteria in effect before July
853 1, 2024. Any existing contract or agreement authorized under any
854 of these programs shall continue in full force and effect in
855 accordance with the statutory requirements in effect when the
856 contract or agreement was executed or last modified. However,
857 further modifications, extensions, or waivers may not be made or
858 granted relating to such contracts or agreements, except
859 computations by the Department of Revenue of the income
860 generated by or arising out of the qualifying project.
861 Section 15. Subsection (7) of section 288.9606, Florida
862 Statutes, is amended to read:
863 288.9606 Issue of revenue bonds.—
864 (7) Notwithstanding any provision of this section, the
865 corporation in its corporate capacity may, without authorization
866 from a public agency under s. 163.01(7), issue revenue bonds or
867 other evidence of indebtedness under this section to:
868 (a) Finance the undertaking of any project within this the
869 state that promotes renewable energy as defined in s. 366.91 or
870 s. 377.803;
871 (b) Finance the undertaking of any project within the state
872 that is a project contemplated or allowed under s. 406 of the
873 American Recovery and Reinvestment Act of 2009; or
874 (c) If permitted by federal law, finance qualifying
875 improvement projects within the state under s. 163.08; or.
876 (d) Finance the costs of acquisition or construction of a
877 transportation facility by a private entity or consortium of
878 private entities under a public-private partnership agreement
879 authorized by s. 334.30.
880 Section 16. Paragraph (w) of subsection (2) of section
881 380.0651, Florida Statutes, is amended to read:
882 380.0651 Statewide guidelines, standards, and exemptions.—
883 (2) STATUTORY EXEMPTIONS.—The following developments are
884 exempt from s. 380.06:
885 (w) Any development in an energy economic zone designated
886 pursuant to s. 377.809 upon approval by its local governing
887 body.
888
889 If a use is exempt from review pursuant to paragraphs (a)-(u),
890 but will be part of a larger project that is subject to review
891 pursuant to s. 380.06(12), the impact of the exempt use must be
892 included in the review of the larger project, unless such exempt
893 use involves a development that includes a landowner, tenant, or
894 user that has entered into a funding agreement with the state
895 land planning agency under the Innovation Incentive Program and
896 the agreement contemplates a state award of at least $50
897 million.
898 Section 17. Subsection (2) of section 403.9405, Florida
899 Statutes, is amended to read:
900 403.9405 Applicability; certification; exemption; notice of
901 intent.—
902 (2) No construction of A natural gas transmission pipeline
903 may not be constructed be undertaken after October 1, 1992,
904 without first obtaining certification under ss. 403.9401
905 403.9425, but these sections do not apply to:
906 (a) Natural gas transmission pipelines which are less than
907 100 15 miles in length or which do not cross a county line,
908 unless the applicant has elected to apply for certification
909 under ss. 403.9401-403.9425.
910 (b) Natural gas transmission pipelines for which a
911 certificate of public convenience and necessity has been issued
912 under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a
913 natural gas transmission pipeline certified as an associated
914 facility to an electrical power plant pursuant to the Florida
915 Electrical Power Plant Siting Act, ss. 403.501-403.518, unless
916 the applicant elects to apply for certification of that pipeline
917 under ss. 403.9401-403.9425.
918 (c) Natural gas transmission pipelines that are owned or
919 operated by a municipality or any agency thereof, by any person
920 primarily for the local distribution of natural gas, or by a
921 special district created by special act to distribute natural
922 gas, unless the applicant elects to apply for certification of
923 that pipeline under ss. 403.9401-403.9425.
924 Section 18. Section 409.508, Florida Statutes, is amended
925 to read:
926 409.508 Low-income home energy assistance program.—
927 (1) As used in this section, the term:
928 (a) “Department” means the Department of Commerce.
929 (b) “Eligible household” means a household eligible for
930 funds from the program Low-income Home Energy Assistance Act of
931 1981, 42 U.S.C. ss. 8621 et seq.
932 (c)(b) “Home energy” means a source of heating or cooling
933 in residential dwellings.
934 (d) “Program” means the federal low-income home energy
935 assistance program established pursuant to 42 U.S.C. ss. 8621 et
936 seq.
937 (e)(c) “Utility” means any person, corporation,
938 partnership, municipality, cooperative, association, or other
939 legal entity and its lessees, trustees, or receivers now or
940 hereafter owning, operating, managing, or controlling any plant
941 or other facility supplying electricity or natural gas to or for
942 the public within this state, directly or indirectly, for
943 compensation.
944 (2) The department of Economic Opportunity is designated as
945 the state agency to administer the program Low-income Home
946 Energy Assistance Act of 1981, 42 U.S.C. ss. 8621 et seq. The
947 department may of Economic Opportunity is authorized to provide
948 home energy assistance benefits to eligible households which may
949 be in the form of cash, vouchers, certificates, or direct
950 payments to electric or natural gas utilities or other energy
951 suppliers and operators of low-rent, subsidized housing in
952 behalf of eligible households. Priority must shall be given to
953 eligible households having at least one elderly or handicapped
954 individual and to eligible households with the lowest incomes.
955 (3)(a) The department shall expand categorical eligibility
956 for the program to include households with residents of this
957 state who are enrolled in any of the following federal
958 disability programs:
959 1. Social Security Disability Insurance program.
960 2. Social Security Insurance program.
961 3. United States Department of Veterans Affairs disability
962 benefits.
963 4. Supplemental Nutritional Assistance Program.
964 5. Temporary Assistance for Needy Families.
965 (b) The department shall develop a comprehensive process
966 for automatic program payments on behalf of such individuals to
967 be made directly to the household’s home energy supplier. The
968 process must include all of the following:
969 1. Detailed requirements for any necessary statutory or
970 regulatory change, application process change, or other
971 requirement necessary to allow the department to identify
972 individuals who qualify under this subsection for automatic
973 program payments without requiring the individual to submit
974 additional program applications.
975 2. A data sharing process detailing the steps the
976 department will take to identify and share a list of
977 categorically eligible residents with home energy suppliers. A
978 home energy supplier that agrees to receive direct program
979 payments must apply the benefits as prescribed to the resident
980 accounts identified by the department and document such payments
981 in its annual program performance measures report.
982 (4) Agreements may be established between electric or
983 natural gas utility companies, other energy suppliers, the
984 department, and the Department of Revenue to provide, and the
985 Department of Economic Opportunity for the purpose of providing
986 payments to energy suppliers in the form of a credit against
987 sales and use taxes due or direct payments to energy suppliers
988 for services rendered to low-income, eligible households.
989 (5)(4) The department of Economic Opportunity shall adopt
990 rules to carry out the provisions of this section act.
991 Section 19. Subsection (3) of section 720.3075, Florida
992 Statutes, is amended to read:
993 720.3075 Prohibited clauses in association documents.—
994 (3) Homeowners’ association documents, including
995 declarations of covenants, articles of incorporation, or bylaws,
996 may not preclude:
997 (a) The display of up to two portable, removable flags as
998 described in s. 720.304(2)(a) by property owners. However, all
999 flags must be displayed in a respectful manner consistent with
1000 the requirements for the United States flag under 36 U.S.C.
1001 chapter 10.
1002 (b) Types or fuel sources of energy production which may be
1003 used, delivered, converted, or supplied by the following
1004 entities to serve customers within the association that such
1005 entities are authorized to serve:
1006 1. A public utility or an electric utility as defined in
1007 this chapter;
1008 2. An entity formed under s. 163.01 that generates, sells,
1009 or transmits electrical energy;
1010 3. A natural gas utility as defined in s. 366.04(3)(c);
1011 4. A natural gas transmission company as defined in s.
1012 368.103; or
1013 5. A category I liquefied petroleum gas dealer, a category
1014 II liquefied petroleum gas dispenser, or a category III
1015 liquefied petroleum gas cylinder exchange operator as defined in
1016 s. 527.01.
1017 (c) The use of an appliance, including a stove or grill,
1018 which uses the types or fuel sources of energy production which
1019 may be used, delivered, converted, or supplied by the entities
1020 listed in paragraph (b). As used in this paragraph, the term
1021 “appliance” means a device or apparatus manufactured and
1022 designed to use energy and for which the Florida Building Code
1023 or the Florida Fire Prevention Code provides specific
1024 requirements.
1025 Section 20. (1) The Public Service Commission shall conduct
1026 an assessment of the security and resiliency of the state’s
1027 electric grid and natural gas facilities against both physical
1028 threats and cyber threats. The commission shall consult with the
1029 Florida Digital Service in assessing cyber threats. All electric
1030 utilities, natural gas utilities, and natural gas pipelines
1031 operating in this state, regardless of ownership structure,
1032 shall cooperate with the commission to provide access to all
1033 information necessary to conduct the assessment.
1034 (2) By January 1, 2025, the commission shall submit a
1035 report of its assessment to the Governor, the President of the
1036 Senate, and the Speaker of the House of Representatives. The
1037 report must also contain any recommendations for potential
1038 legislative or administrative actions that may enhance the
1039 physical security or cyber security of the state’s electric grid
1040 or natural gas facilities.
1041 Section 21. (1) Recognizing the evolution and advances that
1042 have occurred and continue to occur in nuclear power
1043 technologies, the Public Service Commission shall study and
1044 evaluate the technical and economic feasibility of using
1045 advanced nuclear power technologies, including small modular
1046 reactors, to meet the electrical power needs of the state, and
1047 research means to encourage and foster the installation and use
1048 of such technologies at military installations in this state.
1049 (2) By January 1, 2025, the commission shall prepare and
1050 submit a report to the Governor, the President of the Senate,
1051 and the Speaker of the House of Representatives, containing its
1052 findings and any recommendations for potential legislative or
1053 administrative actions that may enhance the use of advanced
1054 nuclear technologies in a manner consistent with the energy
1055 policy goals in s. 377.601(2), Florida Statutes.
1056 Section 22. (1) Recognizing the continued development of
1057 technologies that support the use of hydrogen as a
1058 transportation fuel and the potential for such use to help meet
1059 the state’s energy policy goals in s. 377.601(2), Florida
1060 Statutes, the Department of Transportation, in consultation with
1061 the Office of Energy within the Department of Agriculture and
1062 Consumer Services, shall study and evaluate the potential
1063 development of hydrogen fueling infrastructure, including
1064 fueling stations, to support hydrogen-powered vehicles that use
1065 the state highway system.
1066 (2) By January 1, 2025, the department shall prepare and
1067 submit a report to the Governor, the President of the Senate,
1068 and the Speaker of the House of Representatives, containing its
1069 findings and any recommendations for potential legislative or
1070 administrative actions that may accommodate the future
1071 development of hydrogen fueling infrastructure in a manner
1072 consistent with the energy policy goals in s. 377.601(2),
1073 Florida Statutes.
1074 Section 23. Paragraph (d) of subsection (2) of section
1075 220.193, Florida Statutes, is amended to read:
1076 220.193 Florida renewable energy production credit.—
1077 (2) As used in this section, the term:
1078 (d) “Florida renewable energy facility” means a facility in
1079 the state that produces electricity for sale from renewable
1080 energy, as defined in s. 377.803.
1081 Section 24. This act shall take effect July 1, 2024.
