HB 1217 2023
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hb1217-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to energy regulation; creating s. 2
377.708, F.S.; defining the term "federal phase -out 3
mandate"; requiring determinations on building new 4
energy generating facilities to take certain factors 5
into consideration; prohibiting local governmental 6
entities from requiring or prohibiting certain 7
building materials, vehicles, or home heating elements 8
under certain circumstances; providing an exceptio n; 9
authorizing local governmental entities to adopt bid 10
specifications for public works projects that take 11
energy savings or production into consideration; 12
creating s. 403.08723, F.S.; defining the term 13
"greenhouse gas"; prohibiting the adoption or 14
enforcement of certain state and regional programs to 15
regulate greenhouse gas emissions without specific 16
legislative authorization; providing an effective 17
date. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Section 377.708, Florid a Statutes, is created 22
to read: 23
377.708 Energy efficiency policies. — 24
(1) As used in this section, the term "federal phase -out 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
mandate" means a federal law or regulation that: 26
(a) Is established after April 20, 2021, by the United 27
States Congress, a f ederal agency, or an executive order; and 28
(b) Requires the phasing out or discontinuance of a 29
particular type of energy generating facility, technology, or 30
fuel source. 31
(2) All of the following factors must be taken into 32
consideration before making det erminations on building energy 33
generating facilities: 34
(a) An application for a certificate of public convenience 35
and necessity for a new energy generating facility. 36
(b) Integrated resource planning and the impact of federal 37
phaseout mandates on the est imated useful life of certain energy 38
generating facilities on an electric utility, including on 39
depreciation expenses associated with such facilities. 40
(3)(a) Except for purposes of compliance with specified 41
building and fire safety laws, a local governme ntal entity may 42
not do any of the following: 43
1. Require that a particular component, design, or type of 44
material be used in the construction of a building because of 45
the energy saving or energy producing qualities of the 46
component, design, or material. 47
2. Prohibit the use of a particular component, design, or 48
type of material in the construction of a building because the 49
component, design, or material does not meet an energy saving 50
HB 1217 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
standard. 51
3. Require a building or structure to be retrofitted with 52
a particular device or type of material because of the energy 53
saving or energy producing qualities of the device or material. 54
4. Prohibit or restrict the purchase or use of vehicles 55
based upon the type of energy used. 56
5. Prohibit the sale, installation, or use of: 57
a. Natural gas-powered home heating equipment; home 58
appliances; or outdoor heating appliances, torches, lamps, or 59
other decorative features; or 60
b. Outdoor grills and stoves. 61
(b) This prohibition does not apply to any requirement 62
included in a procurement document used to procure goods and 63
services, including the construction or design of buildings, to 64
be owned or used by the local governmental entity. 65
(c) A local governmental entity may adopt bid 66
specifications for a public works project that includes energy 67
savings or energy production provisions with respect to the 68
components, design, or materials for the specific project. 69
Section 2. Section 403.08723, Florida Statutes, is created 70
to read: 71
403.08723 Regulation of greenhouse gas emi ssions.— 72
(1) As used in this section, the term "greenhouse gas" 73
means carbon dioxide, methane, nitrous oxides, sulfur 74
hexafluoride, hydrofluorocarbon, and perfluorocarbon. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) Notwithstanding any other law, a state agency may not 76
adopt or enforce a sta te or regional program to regulate 77
greenhouse gas emissions for the purpose of addressing changes 78
in atmospheric temperature without specific legislative 79
authorization, including, but not limited to: 80
(a) State plans developed pursuant to 42 U.S.C. s. 740 2, 81
s. 7410, s. 7411, s. 7415, or s. 7545. 82
(b) Low carbon fuel standards. 83
(c) Plans or programs enabling regulation of mobile or 84
stationary sources, greenhouse gas taxes or fees, or greenhouse 85
gas emissions trading. 86
(d) State or regional programs prom pted by the 87
participation of the United States in international treaties or 88
executive agreements or interstate compacts or agreements. 89
Section 3. This act shall take effect July 1, 2023. 90