Florida 2022 Regular Session

Florida House Bill H0081 Latest Draft

Bill / Introduced Version Filed 09/13/2021

                               
 
HB 81  	2022 
 
 
 
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A bill to be entitled 1 
An act relating to state renewable energy goals; 2 
amending s. 366.91, F.S.; revising the definition of 3 
the terms "biomass" and "renewable energy"; amending 4 
s. 377.24, F.S.; prohibiting the drilling or 5 
exploration for, or production of, oil, gas, or other 6 
petroleum products; amending s. 377.242, F.S.; 7 
prohibiting permitting and construction of certain 8 
structures intended to drill or explore for, or 9 
produce or transport, oil, gas, or other petroleum 10 
products; amending s. 377.803, F.S.; revising the 11 
definition of the term "renewable energy"; creating s. 12 
377.821, F.S.; requiring that all electricity used in 13 
the state be generated by renewable energy by a 14 
specified date; requiring statewide net zero carbon 15 
emissions by a specified date; directing the Office of 16 
Energy within the Department of Agriculture and 17 
Consumer Services, in consultation with other state 18 
agencies, state colleges and universities, public 19 
utilities, and other private and public entities, to 20 
develop a unified statewide plan to generate the 21 
state's electricity from renewable energy and reduce 22 
the state's carbon emissions by specified dates; 23 
requiring state and public entities to cooperate as 24 
requested; providing plan requirements; requiring the 25     
 
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office to submit the plan and updates to the Governor 26 
and Legislature; creating s. 377.8225, F.S.; creating 27 
the Renewable Energy Workforce Development Advisory 28 
Committee in the Office of Energy within the 29 
Department of Agriculture and Consumer Services; 30 
providing for committee membership and duties; 31 
providing a definition; directing the Commissioner of 32 
Agriculture to prepare and submit a specified annual 33 
report to the Legislature; providing an effective 34 
date. 35 
 36 
Be It Enacted by the Legislature of the State of Florida: 37 
 38 
 Section 1.  Paragraphs (b) and (e) of subsection (2) of 39 
section 366.91, Florida Statutes, are amended to read: 40 
 366.91  Renewable energy. — 41 
 (2)  As used in this section, the term: 42 
 (b)  "Biomass" means a power source that is comprised of, 43 
but not limited to, combustible residues or gases from forest 44 
products manufacturing, waste or coproducts, byproducts, or 45 
products from agricultural and orchard crops, waste or 46 
coproducts from livestock and p oultry operations, waste or 47 
byproducts from food processing, urban wood waste, separated 48 
municipal food and yard solid waste, and municipal liquid waste 49 
treatment operations , and landfill gas. 50     
 
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 (e)  "Renewable energy" means electrical energy produced 51 
from a method that uses one or more of the following fuels or 52 
energy sources: hydrogen produced or resulting from sources 53 
other than fossil fuels, biomass, solar energy, geothermal 54 
energy, wind energy, ocean energy, and hydroelectric power. The 55 
term includes the alternative energy resource, waste heat, from 56 
sulfuric acid manufacturing operations and electrical energy 57 
produced using pipeline -quality synthetic gas produced from 58 
waste petroleum coke with carbon capture and sequestration. 59 
 Section 2.  Subsection ( 10) is added to section 377.24, 60 
Florida Statutes, to read: 61 
 377.24  Notice of intention to drill well; permits; 62 
abandoned wells and dry holes. — 63 
 (10)  Notwithstanding this section, chapter, or other law, 64 
without exception, the drilling or exploration for, or 65 
production of, oil, gas, or other petroleum products are 66 
prohibited on the lands and waters of the state. 67 
 Section 3.  Section 377.242, Florida Statutes, is amended 68 
to read: 69 
 377.242  Permits for drilling or exploring and extracting 70 
through well holes or by other means.—The department is vested 71 
with the power and authority: 72 
 (1)(a)  To issue permits for the drilling for, exploring 73 
for, or production of oil, gas, or other petroleum products 74 
which are to be extracted from below the surface of the land, 75     
 
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including submerged land, only through the well hole drilled for 76 
oil, gas, and other petroleum products. 77 
 1.  A No structure intended for the drilling for, or 78 
production of, oil, gas, or other petroleum products may not be 79 
permitted or constructed on any su bmerged land within any bay or 80 
estuary. 81 
 2.  A No structure intended for the drilling for, or 82 
production of, oil, gas, or other petroleum products may not be 83 
permitted or constructed within 1 mile seaward of the coastline 84 
of the state. 85 
 3.  A No structure intended for the drilling for, or 86 
production of, oil, gas, or other petroleum products may not be 87 
permitted or constructed within 1 mile of the seaward boundary 88 
of any state, local, or federal park or aquatic or wildlife 89 
preserve or on the surfa ce of a freshwater lake, river, or 90 
stream. 91 
 4.  A No structure intended for the drilling for, or 92 
production of, oil, gas, or other petroleum products may not be 93 
permitted or constructed within 1 mile inland from the shoreline 94 
of the Gulf of Mexico, the Atl antic Ocean, or any bay or estuary 95 
or within 1 mile of any freshwater lake, river, or stream unless 96 
the department is satisfied that the natural resources of such 97 
bodies of water and shore areas of the state will be adequately 98 
protected in the event of acc ident or blowout. 99 
 5.  Without exception, after July 1, 1989, a no structure 100     
 
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intended for the drilling for, or production of, oil, gas, or 101 
other petroleum products may not be permitted or constructed 102 
south of 26°00′00″ north latitude off Florida's west coa st and 103 
south of 27°00′00″ north latitude off Florida's east coast, 104 
within the boundaries of Florida's territorial seas as defined 105 
in 43 U.S.C. s. 1301. After July 31, 1990, a no structure 106 
intended for the drilling for, or production of, oil, gas, or 107 
other petroleum products may not be permitted or constructed 108 
north of 26°00′00″ north latitude off Florida's west coast to 109 
the western boundary of the state bordering Alabama as set forth 110 
in s. 1, Art. II of the State Constitution, or located north of 111 
27°00′00″ north latitude off Florida's east coast to the 112 
northern boundary of the state bordering Georgia as set forth in 113 
s. 1, Art. II of the State Constitution, within the boundaries 114 
of Florida's territorial seas as defined in 43 U.S.C. s. 1301. 115 
 (b)  Subparagraphs (a)1. and 4. do not apply to permitting 116 
or construction of structures intended for the drilling for, or 117 
production of, oil, gas, or other petroleum products pursuant to 118 
an oil, gas, or mineral lease of such lands by the state under 119 
which lease any valid drilling permits are in effect on the 120 
effective date of this act. In the event that such permits 121 
contain conditions or stipulations, such conditions and 122 
stipulations shall govern and supersede subparagraphs (a)1. and 123 
4. 124 
 (c)  The prohibitions of subparagra phs (a)1.-4. in this 125     
 
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subsection do not include "infield gathering lines," provided no 126 
other placement is reasonably available and all other required 127 
permits have been obtained. 128 
 (2)  To issue permits to explore for and extract minerals 129 
which are subject to extraction from the land by means other 130 
than through a well hole. 131 
 (3)  To issue permits to establish natural gas storage 132 
facilities or construct wells for the injection and recovery of 133 
any natural gas for storage in natural gas storage reservoirs. 134 
 135 
Each permit shall contain an agreement by the permitholder that 136 
the permitholder will not prevent inspection by division 137 
personnel at any time. The provisions of this section 138 
prohibiting permits for drilling or exploring for oil in coastal 139 
waters do not apply t o any leases entered into before June 7, 140 
1991. Notwithstanding this section, chapter, or other law, 141 
without exception, a new structure intended to drill or explore 142 
for, or produce or transport, oil, gas, or other petroleum 143 
products may not be permitted or constructed on the lands or 144 
waters of the state. 145 
 Section 4.  Subsection (4) of section 377.803, Florida 146 
Statutes, is amended to read: 147 
 377.803  Definitions. —As used in ss. 377.801 -377.804, the 148 
term: 149 
 (4)  "Renewable energy" means electrical, mechanical, or 150     
 
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thermal energy produced from a method that uses one or more of 151 
the following fuels or energy sources: hydrogen, biomass, as 152 
defined in s. 366.91, solar energy, geothermal energy, wind 153 
energy, ocean energy, tidal energy waste heat, or hydroelectric 154 
power. 155 
 Section 5.  Section 377.821, Florida Statutes, is created 156 
to read: 157 
 377.821  State renewable energy goals. — 158 
 (1)  By 2040, 100 percent of the electricity used in the 159 
state will be generated from 100 percent renewable energy as 160 
defined in s. 377.803. By 2050, the state will have net zero 161 
carbon emissions statewide. 162 
 (2)  The Office of Energy within the Department of 163 
Agriculture and Consumer Services, in consultation with other 164 
state agencies, state colleges and universities, public 165 
utilities, and other private and public entities, is directed to 166 
develop a unified statewide plan to generate 100 percent of the 167 
state's electricity from renewable energy by 2040 and reduce the 168 
state's carbon emissions to net zero by 2050. All public 169 
agencies, state colleges and universities, and public utilities 170 
must cooperate with the office as requested. The plan must 171 
include interim goals to reach 50 percent renewable energy 172 
statewide by 2030, 40 percent reduction in carbon emissions 173 
statewide by 2030, and 80 percent reduc tion in carbon emissions 174 
statewide by 2040. 175     
 
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 (3)  Achieving 100 percent renewable energy generation is 176 
intended to provide unique benefits to the state, including all 177 
of the following: 178 
 (a)  Displacing fossil fuel consumption within the state. 179 
 (b)  Adding new electrical generating facilities in the 180 
transmission network. 181 
 (c)  Reducing air pollution, particularly criteria 182 
pollutant emissions and toxic air contaminants. 183 
 (d)  Contributing to the safe and reliable operation of the 184 
electrical grid, including providing predictable electrical 185 
supply, voltage support, lower line losses, and congestion 186 
relief. 187 
 (e)  Enhancing economic development and job creation in the 188 
clean energy industry. 189 
 (4)  The plan must consider the potential impact of 190 
existing and additional renewable energy incentives and programs 191 
with an emphasis on solar and distributed resources, including 192 
energy storage. The plan must also consider the impact of power 193 
purchase agreements on attaining 100 percent renewable energy 194 
generation. The office must submit a statewide plan outlining 195 
potential strategies to reach the goals of this section to the 196 
Governor, the President of the Senate, and the Speaker of the 197 
House of Representatives by January 1, 2024, and must provide 198 
updates on the progress of achieving the state's renewable 199 
energy goals each January 1 thereafter. 200     
 
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 Section 6.  Section 377.8225, Florida Statutes, is created 201 
to read: 202 
 377.8225  Renewable Energy Workforce Development Advisory 203 
Committee.— 204 
 (1)(a)  The Renewable Energy Wor kforce Development Advisory 205 
Committee is created in the Office of Energy within the 206 
Department of Agriculture and Consumer Services and consists of 207 
13 members, all of whom are appointed by the Commissioner of 208 
Agriculture. The appointees shall include one r epresentative of 209 
the Department of Agriculture and Consumer Services and one 210 
representative of the Department of Economic Opportunity, who 211 
shall serve as co-chairs of the committee, one representative of 212 
the Department of Environmental Protection, one repr esentative 213 
of the Department of Education, two representatives of state 214 
universities or colleges with programs or research focused on 215 
renewable energy, and one representative from each of the 216 
following: 217 
 1.  The Florida AFL-CIO. 218 
 2.  The Florida Building a nd Construction Trades Council. 219 
 3.  An organization serving environmental justice 220 
communities. For purposes of this section, the term 221 
"environmental justice" means the fair treatment and meaningful 222 
involvement of all people regardless of race, color, national 223 
origin, or income, with respect to the development, 224 
implementation, and enforcement of environmental laws, 225     
 
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regulations, and policies. 226 
 4.  A renewable energy business. 227 
 5.  An occupational train ing organization. 228 
 6.  An economic development organization. 229 
 7.  A community development organization. 230 
 231 
In making these appointments, the commissioner shall consider 232 
the places of residence of the members to ensure statewide 233 
representation. 234 
 (b)  The term of office of each member of the advisory 235 
committee is 2 years and shall be staggered. 236 
 (c)  In case of a vacancy on the advisory committee, the 237 
commissioner shall appoint a successor member for the unexpired 238 
portion of the term. 239 
 (d)  The members of the a dvisory committee shall serve 240 
without compensation while in the performance of their official 241 
duties. 242 
 (2)(a)  The advisory committee shall identify those workers 243 
currently working in the energy sector and their current 244 
training requirements. The committee shall identify the 245 
employment potential of the energy efficiency and renewable 246 
energy industry and the skills and training needed for workers 247 
in those fields, and make recommendations to the commissioner 248 
for policies to promote employment growth and acces s to jobs in 249 
those fields. Recommendations of the committee may not reduce 250     
 
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the training required for renewable energy jobs. The committee 251 
shall prioritize maximizing employment opportunities for 252 
residents of environmental justice communities, minorities, 253 
women, and workers displaced in the transition to renewable 254 
energy. 255 
 (b)  By January 1, 2023, the advisory committee shall 256 
establish a target for the number of residents working in the 257 
renewable energy industry by 2026. The committee shall also 258 
establish a target for the number of those jobs held by 259 
residents of environmental justice communities, proportional to 260 
the percentage of residents who live in environmental justice 261 
communities, and the number of those jobs held by workers 262 
displaced in the transition to renewable energy. The committee 263 
shall create similar targets for each subsequent 5 -year period. 264 
 (c)  The advisory committee shall submit an annual report 265 
to the commissioner recommending changes to existing state 266 
policies and programs to meet the targe ts set in paragraph (b). 267 
 (d)  The advisory committee shall meet at least three times 268 
annually to review progress in expanding renewable energy 269 
employment. These meetings shall be open to members of the 270 
public and shall provide opportunities for public com ment. At 271 
least one of these meetings shall be held in an environmental 272 
justice community each year. 273 
 (3)  The commissioner shall prepare a report on the 274 
findings and recommendations of the advisory committee and 275     
 
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submit the report to the President of the Se nate and the Speaker 276 
of the House of Representatives by January 1, 2023, and each 277 
January 1 thereafter. 278 
 Section 7.  This act shall take effect July 1, 2022. 279