Bill Text: FL S1824 | 2020 | Regular Session | Introduced
Bill Title: Energy
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Innovation, Industry, and Technology [S1824 Detail]
Download: Florida-2020-S1824-Introduced.html
Florida Senate - 2020 SB 1824 By Senator Rader 29-00734B-20 20201824__ 1 A bill to be entitled 2 An act relating to energy; amending s. 163.04, F.S.; 3 prohibiting a deed restriction, covenant, declaration, 4 or other binding agreement from prohibiting or having 5 the effect of prohibiting the installation of cool 6 roofs or renewable energy source devices; creating s. 7 253.453, F.S.; authorizing the Board of Trustees of 8 the Internal Improvement Trust Fund to lease for 9 royalties or other compensation the use of certain 10 manmade stormwater management systems for floating 11 solar energy systems, under certain circumstances; 12 providing requirements for the lease; requiring the 13 Department of Environmental Protection, in 14 coordination with the Department of Transportation and 15 the Department of Agriculture and Consumer Services, 16 to adopt rules by a specified date; creating s. 17 377.817, F.S.; providing legislative findings and 18 intent; defining terms; requiring the Department of 19 Agriculture and Consumer Services, in coordination 20 with the Department of Management Services and the 21 Department of Environmental Protection, to develop a 22 greenhouse gas registry and inventory; requiring the 23 Department of Agriculture and Consumer Services to 24 maintain the registry and inventory; requiring all 25 state agencies to annually submit certain greenhouse 26 gas emissions data to the department; requiring an 27 annual report to the Governor and the Legislature by a 28 specified date; providing requirements for the report; 29 providing for rulemaking; creating s. 377.818, F.S.; 30 establishing the Climate Adaptation Research Grant 31 Program within the department for a specified purpose; 32 specifying that state universities and Florida College 33 System institutions may submit applications to 34 participate in the grant program; providing 35 application requirements; specifying funding; 36 requiring the department to submit a report to the 37 Governor and the Legislature by a specified date; 38 providing for rulemaking; creating s. 377.819, F.S.; 39 providing legislative findings and intent; 40 establishing the Clean Energy Research, Development, 41 Demonstration, and Deployment Center Program within 42 the department for a specified purpose; providing that 43 state universities are eligible to participate in the 44 program; providing requirements for grants under the 45 program; prohibiting grants from being used for 46 certain purposes; specifying funding; providing for 47 rulemaking; creating s. 377.821, F.S.; establishing 48 the Farm Renewable and Efficiency Demonstrations 49 Program within the department for a specified purpose; 50 defining terms; providing for an application process; 51 requiring the department to submit an annual progress 52 report to the Governor and the Legislature by a 53 specified date; providing requirements for the report; 54 providing for rulemaking; creating s. 377.822, F.S.; 55 providing legislative findings; establishing the 56 Agriculture Resiliency Grant Program within the 57 department for a specified purpose; specifying 58 entities that are eligible to participate in the 59 program; providing requirements for the grants; 60 specifying funding; providing for rulemaking; amending 61 s. 1004.648, F.S.; specifying funding for the Florida 62 Energy Systems Consortium; authorizing the department 63 to establish and manage a competitive grant program 64 for consortium members for a specified purpose; 65 requiring the grant program to provide energy-related 66 research and development funds; providing for 67 rulemaking; revising the membership of the steering 68 committee; deleting a requirement that the consortium 69 work with the Florida College System for the 70 coordination and design of certain training programs; 71 authorizing private universities to participate as 72 guest members in the consortium under certain 73 circumstances; providing an effective date. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. Subsections (1) and (2) of section 163.04, 78 Florida Statutes, are amended to read: 79 163.04 Energy devices based on renewable resources.— 80 (1) Notwithstandingany provision ofthis chapter or any 81 other provision of general or special law, the adoption of an 82 ordinance by a governing body, as those terms are defined in 83 this chapter, which prohibits or has the effect of prohibiting 84 the installation of cool roofssolar collectors, clotheslines, 85 orother energy devices based onrenewable energy source devices 86 as defined in s. 193.624(1)resourcesis expressly prohibited. 87 (2) A deed restriction, covenant, declaration, or similar 88 binding agreement may not prohibit or have the effect of 89 prohibiting cool roofssolar collectors, clotheslines, orother90energy devices based onrenewable energy source devices as 91 defined in s. 193.624(1)resourcesfrom being installed on 92 buildings erected on the lots or parcels covered by the deed 93 restriction, covenant, declaration, or binding agreement. A 94 property owner may not be denied permission to install renewable 95solar collectors or otherenergy source devices by any entity 96 granted the power or right in any deed restriction, covenant, 97 declaration, or similar binding agreement to approve, forbid, 98 control, or direct alteration of property with respect to 99 residential dwellings and within the boundaries of a condominium 100 unit. Such entity may determine the specific location where 101 solar collectors may be installed on the roof within an 102 orientation to the south or within 45° east or west of due south 103 if such determination does not impair the effective operation of 104 the solar collectors. 105 Section 2. Section 253.453, Florida Statutes, is created to 106 read: 107 253.453 Lease of state-owned, manmade stormwater management 108 systems for floating solar energy systems.—The Board of Trustees 109 of the Internal Improvement Trust Fund may lease for royalties 110 or for other agreed compensation the use of manmade stormwater 111 management systems, as defined in s. 403.031(16), which are 112 owned by the state and regulated under s. 334.044, for floating 113 solar energy systems; however, such leases do not confer upon 114 the person acquiring the same the right to enter upon any 115 private property of another. Leases made pursuant to this 116 section must convey to the lessee the right of ingress and 117 egress to, from, and over the bottoms leased for the purposes of 118 constructing and maintaining floating solar energy systems on 119 and over such leased bottoms. A lease made pursuant to this 120 section may not convey to the lessee the right to enter or 121 traverse the private property of another. The Department of 122 Environmental Protection, in coordination with the Department of 123 Transportation and the Department of Agriculture and Consumer 124 Services, shall adopt rules to implement and administer this 125 section by July 1, 2021. 126 Section 3. Section 377.817, Florida Statutes, is created 127 to read: 128 377.817 Greenhouse gas registry and inventory.— 129 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 130 that sound policies and efforts based on evidence benefit and 131 protect this state, its residents, and its resources. The 132 Legislature also finds it prudent for this state to develop and 133 manage a greenhouse gas reporting system that provides a basis 134 for the reporting of various greenhouse gas emissions and 135 reduction polices in order to safeguard this state’s financial 136 and environmental well-being. Therefore, it is the Legislature’s 137 intent to create a greenhouse gas reporting system to provide 138 accurate, transparent, and verified greenhouse gas emission data 139 from reporting entities which is supported by a robust 140 accounting and verification infrastructure. 141 (2) DEFINITIONS.—As used in this section, the term: 142 (a) “Department” means the Department of Agriculture and 143 Consumer Services. 144 (b) “Florida College System institution” has the same 145 meaning as in s. 1000.21(3). 146 (c) “Greenhouse gas” means one or more compounds regulated 147 under 40 C.F.R. part 1036 based primarily on their impact on 148 climate, including carbon dioxide, methane, and nitrous oxide. 149 (d) “Local governments” means a county or municipality as 150 those terms are defined in s. 165.031(1) and (3), respectively, 151 including any department, agency, board, or political 152 subdivision of a county or municipality. 153 (e) “State agency” means an agency as defined in s. 154 120.52(1)(a). 155 (f) “State university” has the same meaning as in s. 156 1000.21(6). 157 (3) CREATION.—The department shall develop a greenhouse gas 158 registry and inventory, in coordination with the Department of 159 Management Services and the Department of Environmental 160 Protection. The department shall maintain the registry and 161 inventory. 162 (4) REPORTING.— 163 (a) All state agencies shall annually report to the 164 department greenhouse gas emissions data, set out by building 165 and vehicle categories. 166 (b) Local governments, state universities, Florida College 167 System institutions, and all private sector businesses may 168 choose to submit greenhouse gas emission data to the department. 169 The department shall encourage such entities to voluntarily 170 participate in the state’s registry and inventory. 171 (c) By each August 31, the department shall submit a report 172 to the Governor, the President of the Senate, and the Speaker of 173 the House of Representatives detailing the greenhouse gases 174 emitted by each state agency by building and vehicle categories. 175 The report must also include recommendations for lowering the 176 greenhouse gas emissions. 177 (5) RULES.—The department may adopt rules to implement and 178 administer this section, including, but not limited to, 179 methodologies for the inventorying, recording, and monitoring of 180 greenhouse gas emissions and for recording reductions in such 181 emissions. 182 Section 4. Section 377.818, Florida Statutes, is created to 183 read: 184 377.818 Climate Adaptation Research Grant Program.— 185 (1) CREATION.—The Climate Adaptation Research Grant Program 186 is established within the Department of Agriculture and Consumer 187 Services to provide grants for research pertaining to the 188 effects of climate change on this state and strategies for 189 adapting to and mitigating the effects of climate change on this 190 state. 191 (2) PURPOSE.—The purpose of the program is to fulfill the 192 legislative intent of s. 377.601 by providing guidance regarding 193 the effects of climate change on this state, and to provide 194 sound scientific information to guide the state’s future policy 195 discussions relating to climate change, including, but not 196 limited to, guidance as to how this state may best adapt to and 197 mitigate the effects of climate change. 198 (3) APPLICATIONS.— 199 (a) A state university, as defined in s. 1000.21(6), and a 200 Florida College System institution, as defined in s. 1000.21(3), 201 may participate in the grant program. 202 (b) An applicant shall include in each grant application it 203 submits an affidavit attesting to the accuracy of the statements 204 contained in the application. 205 (c) The department may solicit the expertise of state 206 agencies, state universities, and Florida College System 207 institutions, as well as other public and private entities the 208 department deems appropriate, in evaluating project proposals. 209 If requested to do so by the department, a state agency must 210 cooperate with the department in evaluating project proposals. 211 (4) FUNDING.—Funding for projects under the program is 212 based on availability. 213 (5) REPORT.—By January 1, 2022, the department shall submit 214 a report on the research findings and recommendations for 215 mitigation strategies to the Governor, the President of the 216 Senate, and the Speaker of the House of Representatives. 217 (6) RULES.—The department may adopt rules to implement and 218 administer this section, including, but not limited to, 219 application requirements, ranking of applications, and awarding 220 grants under the program. 221 Section 5. Section 377.819, Florida Statutes, is created to 222 read: 223 377.819 Clean Energy Research, Development, Demonstration, 224 and Deployment Center Program.— 225 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 226 it imperative that this state play a leading role in promoting, 227 developing, and instituting sustainable clean energy policies 228 and technologies that may reduce greenhouse gas emissions, 229 decrease the state’s dependence on fossil fuels, and provide 230 economic benefits and opportunities to Floridians. Therefore, 231 the Legislature intends to create a clean energy research center 232 within the Department of Agriculture and Consumer Services to 233 provide funding to state universities within the State 234 University System for the purpose of researching, developing, 235 demonstrating, and deploying advanced, sustainable clean energy 236 technologies, with the goal of becoming a nationally recognized 237 center that provides industry support through collaboration. 238 (2) CREATION.—The Clean Energy Research, Development, 239 Demonstration, and Deployment Center Program is established 240 within the Department of Agriculture and Consumer Services to 241 provide grants for the development of a clean energy center 242 focused on conducting research, development, demonstration, and 243 deployment of advanced and sustainable clean energy technology 244 and supporting industry research, development, demonstration, 245 and deployment through collaboration. The program must be 246 designed to conduct state- and federally funded research that 247 relies on an easily established system for industry 248 collaboration and the use of the center’s equipment and 249 expertise. 250 (3) APPLICATIONS.— 251 (a) A state university, as defined in s. 1000.21(6), may 252 participate in the program and receive grants for projects that 253 meet the requirements of this section. 254 (b) The department may solicit the expertise of state 255 agencies, state universities, and Florida College System 256 institutions, as well as other public and private entities the 257 department deems appropriate, in evaluating project proposals. 258 If requested to do so by the department, a state agency must 259 cooperate with the department in evaluating project proposals. 260 (c) An applicant shall include in each grant application 261 that it submits an affidavit attesting to the accuracy of the 262 statements contained in the application. 263 (4) ELIGIBLE PROJECTS.— 264 (a) A project that is eligible for a grant under this 265 section must be completed within 5 years after the date the 266 grant agreement is executed. 267 (b) A grant recipient may not use grant funds for any of 268 the following: 269 1. New construction, major construction, or repairs of 270 buildings, structures, or facilities, as defined by department 271 rule. 272 2. The refinancing of existing debt. 273 3. The costs or expenses of preparing or submitting the 274 grant application. 275 4. Routine maintenance or other routine operating costs of 276 the applicant’s facilities. 277 5. Building improvements that are not directly associated 278 with the applicant’s facilities. 279 (5) FUNDING.—Funding for projects under the program is 280 based on availability. 281 (6) RULES.—The department may adopt rules to implement and 282 administer this section, including, but not limited to, 283 application requirements, ranking applications, and awarding 284 grants under this program. 285 Section 6. Section 377.821, Florida Statutes, is created to 286 read: 287 377.821 Farm Renewable and Efficiency Demonstrations 288 Program.— 289 (1) CREATION AND PURPOSE.—The Farm Renewable and Efficiency 290 Demonstrations Program is established within the department to 291 promote the adoption of technologies and practices that increase 292 energy efficiency, renewable energy, and water conservation use 293 in agriculture in this state. 294 (2) DEFINITIONS.—For purposes of this section, the term: 295 (a) “Agricultural producer” means a grower of agricultural 296 products that are produced in the state. 297 (b) “Agricultural products” has the same meaning as in s. 298 604.15. 299 (c) “Department” means the Department of Agriculture and 300 Consumer Services. 301 (d) “Energy and water evaluation” means: 302 1. The baseline of an agricultural producer’s current 303 energy and water expenditures and current energy and water 304 usage, including electric and other fuel sources. 305 2. An inventory and analysis of the agricultural producer’s 306 existing energy consuming devices. 307 3. An analysis of other factors affecting the agricultural 308 producer’s energy and water use. 309 4. An assessment of the potential to use renewable energy 310 generation. 311 5. A recommendation of specific and implementable energy 312 efficiency and water conservation measures and renewable energy 313 devices, and their estimated cost and projected savings and 314 payback period. 315 (e) “Farm” has the same meaning as in s. 823.14(3)(a). 316 (f) “High poverty” means poverty at a rate that is 317 determined to be at least 25 percent of the total population of 318 a census tract or a set of contiguous census tracts using the 319 most recent United States Census Bureau American Community 320 Survey 5-Year Estimates. 321 (g) “Historically underserved producers” means an eligible 322 person, joint operation, or legal entity that is a beginning 323 farmer or rancher, a socially disadvantaged farmer or rancher, 324 or a limited resource farmer or rancher. 325 (h) “Renewable energy” has the same meaning as in s. 326 366.91(2)(d). 327 (3) FARM RENEWABLE AND EFFICIENCY EVALUATIONS AND 328 DEMONSTRATIONS.— 329 (a) The department shall conduct energy and water 330 evaluations on site at the individual farms of agricultural 331 producers who submit an application to and are accepted into the 332 program to determine the producer’s potential for energy 333 efficiency, renewable energy, and water conservation 334 improvements. 335 (b) The department may provide a financial incentive of up 336 to $25,000 to cover 80 percent of the cost to implement some or 337 all of the recommendations from the energy and water evaluation. 338 (4) APPLICATION PROCESS.— 339 (a) An applicant seeking to obtain an energy and water 340 evaluation, including financial incentives for implementing the 341 recommendations of the evaluation, shall submit an application 342 to the department by a specified date each year, as established 343 by department rule. 344 (b) In order for the department to evaluate energy, water, 345 and monetary savings to an applicant, the applicant shall submit 346 to the department the applicant’s utility usage and cost data 347 for the 12 months before the implementation of any recommended 348 improvements and for 12 months after the implementation of the 349 recommended improvements. 350 (c) The department may allocate financial incentives to 351 applicants who meet all statutory and rule criteria on a first 352 come, first-served basis, as determined by the date the 353 application is received, until all appropriated funds for the 354 fiscal year are expended or the program ends, whichever comes 355 first. Incomplete applications submitted to the department may 356 not be accepted and such applicants are not secured a place in 357 the first-come, first-served application process. 358 (d) The department may give priority consideration to 359 historically underserved producers or projects that serve 360 communities in counties classified as high poverty. 361 (e) The total of the energy and water evaluations provided 362 and the amount of grants awarded in each fiscal year may not 363 exceed the amount appropriated for the program in that fiscal 364 year. 365 (5) ANNUAL ASSESSMENT.—By October 1, 2021, and each year 366 thereafter that the program is funded, the department shall 367 provide an annual report containing an assessment of the program 368 during the previous fiscal year to the Governor, the President 369 of the Senate, and the Speaker of the House of Representatives. 370 The report must include, at a minimum, all of the following 371 information: 372 (a) The name of each applicant that received an evaluation 373 under this section. 374 (b) The name of each applicant that received a financial 375 incentive for implementing any recommendations of an evaluation 376 under this section. 377 (c) The amount of the financial incentive awarded to each 378 applicant. 379 (d) A description of each recommended improvement made by 380 an applicant. 381 (e) Utility usage and cost data for the 12 months before 382 the applicant implemented improvements under this section and 383 the 12 months after the applicant implemented any such 384 improvements. 385 (f) Energy, water, and monetary savings as a result of each 386 evaluation and financial incentive funded under this section. 387 (g) The aggregate amount of funding awarded for all 388 applicants under this section. 389 (6) RULES.—The department may adopt rules to implement and 390 administer this section, including, but not limited to, 391 application requirements, the ranking of applications, and the 392 awarding financial incentives under the program. 393 Section 7. Section 377.822, Florida Statutes, is created to 394 read: 395 377.822 Agriculture Resiliency Grant Program.— 396 (1) LEGISLATIVE FINDINGS.—The Legislature finds that water, 397 food, and energy are some of the most basic human needs, are 398 vital state resources, and are interconnected; that actions 399 taken in the water, food, or energy sector may have an impact in 400 one or both of the other sectors; that the demand for fresh 401 water, energy, and food are expected to increase significantly 402 over the next decades due to the pressures associated with 403 population growth and mobility, economic development, 404 international trade, urbanization, diversifying diets, cultural 405 and technological changes, and changes in the climate; and that 406 this state must be prepared to address future demands and 407 stressors to this state’s water, food, and energy sectors and 408 ensure their sustainability. 409 (2) CREATION AND PURPOSE.—The Agriculture Resiliency Grant 410 Program is established within the Department of Agriculture and 411 Consumer Services to provide matching grants for research that 412 takes a systems approach to the agriculture, energy, and water 413 sectors for the purpose of developing innovative solutions that 414 improve system function and management, address system stress, 415 increase resiliency, and ensure sustainability across all three 416 sectors. 417 (3) APPLICATIONS.— 418 (a) All of the following entities may participate in the 419 program: 420 1. State universities and Florida College System 421 institutions, as defined in s. 1000.21. 422 2. Private universities located in this state. 423 3. Investor-owned, municipal, or cooperative utilities 424 located and operating in this state. 425 4. Other qualified persons or entities, as determined by 426 the department. 427 (b) The department may solicit the expertise of state 428 agencies, water management districts, universities, and Florida 429 College System institutions, as well as other public and private 430 entities the department deems appropriate, in evaluating project 431 proposals. If requested to do so by the department, a state 432 agency must cooperate with the department in evaluating project 433 proposals. 434 (c) An applicant must include an affidavit attesting to the 435 accuracy of the statements contained in the application in each 436 grant application it submits. 437 (4) FUNDING.—Funding for projects under the program is 438 based on availability. 439 (5) RULES.—The department may adopt rules to implement and 440 administer this section, including, but not limited to, 441 application requirements, the ranking of applications, and the 442 awarding of grants under the program. 443 Section 8. Present subsections (8) through (13) of section 444 1004.648, Florida Statutes, are redesignated as subsections (9) 445 through (14), respectively, a new subsection (8) is added to 446 that section, and subsection (1) and present subsections (9) and 447 (12) of that section are amended, to read: 448 1004.648 Florida Energy Systems Consortium.— 449 (1) There is created the Florida Energy Systems Consortium 450 to promote collaboration among experts in the State University 451 System for the purposes of sharing energy-related expertise and 452 assisting in the development and implementation of a 453 comprehensive, long-term, environmentally compatible, 454 sustainable, and efficient energy strategic plan for the state. 455 The Department of Agriculture and Consumer Services shall fund 456 the consortium, as provided in the General Appropriations Act. 457 (8) The Department of Agriculture and Consumer Services may 458 establish and manage a competitive grant program that is open to 459 consortium members. The grant program must provide energy 460 related research and development funds for the purpose of 461 implementing and administering this section. The department may 462 adopt rules to implement and administer this section. 463 (10)(9)Through collaborative research and development 464 across the State University System and the industry, the goal of 465 the consortium is to become a world leader in energy research, 466 education, technology, and energy systems analysis. In so doing, 467 the consortium shall: 468 (a) Coordinate and initiate increased collaborative 469 interdisciplinary energy research among the universities and the 470 energy industry. 471 (b) Assist in the creation and development of a Florida 472 based energy technology industry through efforts that would 473 expedite commercialization of innovative energy technologies by 474 taking advantage of the energy expertise within the State 475 University System, high-technology incubators, industrial parks, 476 and industry-driven research centers. 477 (c) Provide a state resource for objective energy systems 478 analysis. 479 (d) Develop education and outreach programs to prepare a 480 qualified energy workforce and informed public. Specifically, 481 the faculty associated with the consortium shall coordinate a 482 statewide workforce development initiative focusing on college 483 level degrees, technician training, and public and commercial 484 sectors awareness. The consortium shall develop specific 485 programs targeted at preparing graduates who have a background 486 in energy, continuing education courses for technical and 487 nontechnical professionals, and modules, laboratories, and 488 courses to be shared among the universities.Additionally, the489consortium shall work with the Florida College System using the490Florida Advanced Technological Education Center for the491coordination and design of industry-specific training programs492for technicians.493 (13)(12)The steering committee shall consist of the 494 university representatives from each state university with 495 energy research programs, appointed by the vice president for 496 research,included in the Centers of Excellence proposals for497the Florida Energy Systems Consortium and the Center of498Excellence in Ocean Energy Technology-Phase II which were499reviewed during the 2007-2008 fiscal year by the Florida500Technology, Research, and Scholarship Board created in s.5011004.226(4), Florida Statutes 2006; a university representative502appointed by the President of Florida International University;503 and a representative of the Department of Agriculture and 504 Consumer Services. The steering committee is responsible for 505 establishing and ensuring the success of the consortium’s 506 mission under subsection (10). A private university in this 507 state may be a guest member of the consortium with the approval 508 of the consortium steering committee(9). 509 Section 9. This act shall take effect July 1, 2020. 510