HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 1 of 36 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 resources; creating s. 2 163.3210, F.S.; providing legislative intent; 3 providing definitions; allowing resiliency facilities 4 in certain land use categories in local government 5 comprehensive plans and specified districts if certain 6 criteria are met; allowing local governments to adopt 7 ordinances for resiliency facilities if certain 8 requirements are met; prohibiting amendments to a 9 local government's comprehensive plan, land use map, 10 zoning districts, or land development regulations in a 11 manner that would conflict with resiliency facility 12 classification after a specified date; amending s. 13 286.29, F.S.; revising energy guidelines for public 14 businesses; eliminating the requirement that the 15 Department of Management Services develop and mai ntain 16 the Florida Climate-Friendly Preferred Products List; 17 eliminating the requirement that state agencies 18 contract for meeting and conference space only with 19 facilities that have a Green Lodging designations; 20 eliminating the requirement that state agenci es, state 21 universities, community colleges, and local 22 governments that procure new vehicles under a state 23 purchasing plan select certain vehicles under a 24 specified circumstance; requiring the Department of 25 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 2 of 36 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 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; creating 320.97, F.S.; providing legislative 37 findings; creating the Electric Vehicle Battery 38 Deposit Program within the Department of Highway 39 Safety and Motor Vehicles; providing the requirements 40 of the program; allowing the department to adopt 41 rules; providing definitions; requiring the Department 42 of Highway Safety and Motor Vehicles to prepare and 43 submit a report to the Governor and the Legislature as 44 it relates to the Electric Vehicle Battery Deposit 45 Program by a specified date; amending s. 338.234, 46 F.S.; requiring the Department of Highway Safety and 47 Motor Vehicles to offer access to vendors of certain 48 fuels or services access to the turnpike system in 49 certain instances; amending s. 366.032, F.S.; 50 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 3 of 36 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 including development districts as a type of politica l 51 subdivision for purposes of preemption over utility 52 service restrictions; amending s. 366.04, F.S.; 53 revising the jurisdiction of the Florida Public 54 Service Commission; creating s. 366.057, F.S.; 55 defining the term "electrical power plant"; requiring 56 a public utility to petition the Florida Public 57 Service Commission within a specified time before 58 retiring an electrical power plant; requiring the 59 commission to enter a final order in response to the 60 petition within a specified time; setting forth what 61 the commission must take into consideration in 62 entering its final order; requiring the commission to 63 notify the Attorney General of the retirement of an 64 electrical power plant in specified circumstances; 65 amending s. 366.94, F.S.; removing terminology; 66 conforming provisions to changes made by the act; 67 authorizing the commission upon a specified date to 68 approve voluntary public utility programs for electric 69 vehicle charging if certain requirements are met; 70 requiring that all revenues received from such program 71 be credited to the public utility's general body of 72 ratepayers; providing applicability; amending s. 73 377.601, F.S.; revising legislative intent; amending 74 s. 377.6015, F.S.; revising the powers and duties of 75 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 4 of 36 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 the department; conforming provisions to changes made 76 by the act; amending s. 377.703, F.S.; revising 77 additional functions of the department relating to 78 energy resources; conforming provisions to changes 79 made by the act; repealing s. 377.801, F.S., relating 80 to the Florida Energy and Climate Protection Act; 81 repealing s. 377.802, F.S., relating to the purpose of 82 the act; repealing s. 377.803, F.S., relating to 83 definitions under the act; repealing s. 377.804, F.S., 84 relating to the Renewable Energy and Energy -Efficient 85 Technologies Grants Program; repealing s. 377 .808, 86 F.S., relating to the Florida Green Government Grants 87 Act; repealing s. 377.809, F.S., relating to the 88 Energy Economic Zone Pilot Program; repealing s. 89 377.816, F.S., relating to the Qualified Energy 90 Conservation Bond Allocation Program; prohibiting the 91 approval of new or additional applications, 92 certifications, or allocations under such programs; 93 prohibiting new contracts, agreements, and awards 94 under such programs; rescinding all certifications or 95 allocations issued under such programs; providing an 96 exception; providing application relating to existing 97 contracts or agreements under such programs; amending 98 ss. 288.9606 and 380.0651, F.S.; conforming provisions 99 to changes made by the act; amending s. 403.9405, 100 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 5 of 36 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 F.S.; revising the applicability of the Na tural Gas 101 Transmission Pipeline Siting Act; amending s. 102 720.3075, F.S.; prohibiting certain homeowners' 103 association documents from precluding certain types or 104 fuel sources of energy production and the use of 105 certain appliances; directing the commission to ensure 106 that electrical energy technologies are used in a 107 specified manner through market -based policies and 108 electric grid improvements; requiring the commission 109 to develop specified policies for smart energy; 110 requiring that such policies also address the 111 modernization of the state's electric grid and ensure 112 that equipment used is manufactured in the United 113 States or countries engaged in commerce within the 114 United States pursuant to free trade agreements; 115 requiring the commission by a specified date to submi t 116 a report to the Legislature that contains such 117 established policies; requiring the commission to 118 conduct an assessment of the security and resiliency 119 of the state's electric grid and natural gas 120 facilities against physical threats and cyber threats; 121 requiring the commission to consult with the Florida 122 Digital Service; requiring cooperation from all 123 operating facilities in the state relating to such 124 assessment; requiring the commission to submit by a 125 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 6 of 36 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 specified date a report of such assessment to the 126 Governor and the Legislature; providing additional 127 content requirements for such report; requiring the 128 commission to study and evaluate the technical and 129 economic feasibility of using advanced nuclear power 130 technologies to meet the electrical power needs of the 131 state; requiring the commission to submit by a 132 specified date a report to the Governor and the 133 Legislature that contains its findings and any 134 additional recommendations for potential legislative 135 or administrative actions; requiring the Department of 136 Transportation, in consultation with the Office of 137 Energy within the Department of Agriculture and 138 Consumer Services, to study and evaluate the potential 139 development of hydrogen fueling infrastructure to 140 support hydrogen-powered vehicles; requiring the 141 department to submit by a specified date a report to 142 the Governor and the Legislature that contains its 143 findings and recommendations for specified actions 144 that may accommodate the future development of 145 hydrogen fueling infrastructure; providing effective 146 dates. 147 148 Be It Enacted by the Legislature of the State of Florida: 149 150 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 7 of 36 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 Section 1. Section 163.3210, Florida Statutes, is created 151 to read: 152 163.3210 Natural gas resiliency and reliability 153 infrastructure.- 154 (1) It is the intent of the Legislature to maintain, 155 encourage, and ensure adequate and reliable fuel sources for 156 public utilities. The resiliency and reliability of fuel sources 157 for public utilities is critical to the state's economy; the 158 ability of the state to recover from natural disasters; and to 159 the health, safety, welfare, and quality of life of the 160 residents of the state. 161 (2) As used in this section, the term: 162 (a) "Natural gas" means all forms of fuel commonly or 163 commercially known or sold as natural gas, including compressed 164 natural gas and liquefi ed natural gas. 165 (b) "Natural gas reserve" means a facility that is capable 166 of storing and transporting and, when operational, actively 167 stores and transports a supply of natural gas. 168 (c) "Public utility" has the same meaning as defined in s. 169 366.02. 170 (d) "Resiliency facility" means a facility owned and 171 operated by a public utility for the purposes of assembling, 172 creating, holding, securing, or deploying natural gas reserves 173 for temporary use during a system outage or natural disaster. 174 (3) A resiliency facility is a permitted use in all 175 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 8 of 36 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 commercial, industrial, and manufacturing land use categories in 176 a local government comprehensive plan and all commercial, 177 industrial, and manufacturing districts. A resiliency facility 178 must comply with the setback and l andscape criteria for other 179 similar uses. A local government may adopt an ordinance 180 specifying buffer and landscaping requirements for resiliency 181 facilities, provided such requirements do not exceed the 182 requirements for similar uses involving the construct ion of 183 other facilities that are permitted uses in commercial, 184 industrial, and manufacturing land use categories and zoning 185 districts. 186 (4) After July 1, 2024, a local government may not amend 187 its comprehensive plan, land use map, zoning districts, or lan d 188 development regulations in a manner that would conflict with a 189 resiliency facility's classification as a permitted and 190 allowable use, including, but not limited to, an amendment that 191 causes a resiliency facility to be a nonconforming use, 192 structure, or development. 193 Section 2. Section 286.29, Florida Statutes, is amended to 194 read: 195 286.29 Energy guidelines for Climate-friendly public 196 business.—The Legislature recognizes the importance of 197 leadership by state government in the area of energy efficiency 198 and in reducing the greenhouse gas emissions of state government 199 operations. The following shall pertain to all state agencies 200 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 9 of 36 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 when conducting public business: 201 (1) The Department of Management Services shall develop 202 the "Florida Climate -Friendly Preferred Products List." In 203 maintaining that list, the department, in consultation with the 204 Department of Environmental Protection, shall continually assess 205 products currently available for purchase under state term 206 contracts to identify specific products and vend ors that offer 207 clear energy efficiency or other environmental benefits over 208 competing products. When procuring products from state term 209 contracts, state agencies shall first consult the Florida 210 Climate-Friendly Preferred Products List and procure such 211 products if the price is comparable. 212 (2) State agencies shall contract for meeting and 213 conference space only with hotels or conference facilities that 214 have received the "Green Lodging" designation from the 215 Department of Environmental Protection for best practices in 216 water, energy, and waste efficiency standards, unless the 217 responsible state agency head makes a determination that no 218 other viable alternative exists. 219 (1)(3) Each state agency shall ensure that all maintained 220 vehicles meet minimum maintenanc e schedules shown to reduce fuel 221 consumption, which include: 222 (a) Ensuring appropriate tire pressures and tread depth .; 223 (b) Replacing fuel filters and emission filters at 224 recommended intervals .; 225 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 10 of 36 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 (c) Using proper motor oils .; and 226 (d) Performing timely motor maintenance. 227 228 Each state agency shall measure and report compliance to the 229 Department of Management Services through the Equipment 230 Management Information System database. 231 (4) When procuring new vehicles, all state agencies, state 232 universities, community colleges, and local governments that 233 purchase vehicles under a state purchasing plan shall first 234 define the intended purpose for the vehicle and determine which 235 of the following use classes for which the vehicle is being 236 procured: 237 (a) State business travel, designated operator; 238 (b) State business travel, pool operators; 239 (c) Construction, agricultural, or maintenance work; 240 (d) Conveyance of passengers; 241 (e) Conveyance of building or maintenance materials and 242 supplies; 243 (f) Off-road vehicle, motorcycle, or all -terrain vehicle; 244 (g) Emergency response; or 245 (h) Other. 246 247 Vehicles described in paragraphs (a) through (h), when being 248 processed for purchase or leasing agreements, must be selected 249 for the greatest fuel efficiency available for a g iven use class 250 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 11 of 36 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 when fuel economy data are available. Exceptions may be made for 251 individual vehicles in paragraph (g) when accompanied, during 252 the procurement process, by documentation indicating that the 253 operator or operators will exclusively be emergency first 254 responders or have special documented need for exceptional 255 vehicle performance characteristics. Any request for an 256 exception must be approved by the purchasing agency head and any 257 exceptional performance characteristics denoted as a part of the 258 procurement process prior to purchase. 259 (2)(5) All state agencies shall use ethanol and biodiesel 260 blended fuels when available. State agencies administering 261 central fueling operations for state -owned vehicles shall 262 procure biofuels for fleet needs to the great est extent 263 practicable. 264 (3)(a) The Department of Management Services shall, in 265 consultation with the Department of Commerce and the Department 266 of Agriculture and Consumer Services, develop a Florida Humane 267 Preferred Energy Products List. In developing th e list, the 268 department must assess products currently available for purchase 269 under state term contracts that contain or consist of an energy 270 storage device with a capacity of greater than one kilowatt or 271 that contain or consist of an energy generation devi ce with a 272 capacity of greater than 500 kilowatts and identify specific 273 products that appear to be largely made free from forced labor, 274 irrespective of the age of the worker. For purposes of this 275 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 12 of 36 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 subsection, the term "forced labor" means any work performed or 276 service rendered that is: 277 1. Obtained by intimidation, fraud, or coercion, including 278 by threat of serious bodily harm to, or physical restraint 279 against, a person, by means of a scheme intended to cause the 280 person to believe that if he or she does not perform such labor 281 or render such service, the person will suffer serious bodily 282 harm or physical restraint, or by means of the abuse or 283 threatened abuse of law or the legal process; 284 2. Imposed on the basis of a characteristic that has been 285 held by the United States Supreme Court or the Florida Supreme 286 Court to be protected against discrimination under the 287 Fourteenth Amendment to the United States Constitution or under 288 s. 2, Art. I of the State Constitution, including race, color, 289 national origin, religi on, gender, or physical disability; 290 3. Not performed or rendered voluntarily by a person; or 291 4. In violation of the Child Labor Law or otherwise 292 performed or rendered through oppressive child labor. 293 (b) When procuring the types of energy products des cribed 294 in paragraph (a) from state term contracts, state agencies and 295 political subdivisions shall first consult the Florida Humane 296 Preferred Energy Products List and may not purchase or procure 297 products not included in the list. 298 Section 3. Effective J uly 1, 2025, section 320.97, Florida 299 Statutes, is created to read: 300 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 13 of 36 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 320.97 Electric vehicle battery deposit program. — 301 (1) The Legislature finds that the state has a compelling 302 interest in facilitating the proper disposal and recycling of 303 electric vehicle batteries at the end of their useful lives. 304 (2) The Electric Vehicle Battery Deposit Program is 305 created within the department. 306 (a) The department, in consultation with industry experts, 307 shall develop and implement the program to provide for the 308 collection of a deposit on electric vehicle batteries by a: 309 1. Motor vehicle dealer, as defined in s. 320.27(1)(c), 310 which sells at retail an electric vehicle not previously 311 registered in the state; or 312 2. Motor vehicle repair shop, as defined in s. 559 .903, 313 which sells an electric vehicle battery at retail in the state, 314 315 based on the electric vehicle battery's gross capacity as 316 measured in kilowatt hours (kWh). 317 (b) For purposes of paragraph (a), the deposit amount is: 318 1. For an electric vehicle batt ery with a gross capacity 319 less than or equal to 50 kWh: $500. 320 2. For an electric vehicle battery with a gross capacity 321 greater than 50 kWh but less than or equal to 100 kWh: $750. 322 3. For an electric vehicle battery with a capacity greater 323 than 100 kWh: $1,000. 324 (c) For purposes of paragraph (a), the department must 325 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 14 of 36 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 designate the means by which the deposit must be held until it 326 can be refunded to the titleholder of an electric vehicle in 327 which the battery is installed upon proof of the relinquishment 328 or sale of the electric vehicle or electric vehicle battery to a 329 motor vehicle dealer or motor vehicle repair shop. 330 (d) The program shall allow a fire department which 331 handles an electric vehicle battery fire to claim the deposit 332 that the titleholder of th e electric vehicle in which the 333 battery fire occurred would otherwise be entitled to receive 334 under the program in order to assist with additional costs 335 associated with extinguishing electric vehicle battery fires. 336 (e) The program shall provide a means by which the 337 titleholder of the electric vehicle may recover the deposit 338 under the program upon providing proof of relocation to another 339 state, sale of the electric vehicle to an out -of-state resident, 340 or theft of the electric vehicle or electric vehicle bat tery. 341 (3) The department may adopt rules to implement this 342 section. 343 (4) For the purposes of this section, the term: 344 (a) "Electric vehicle" has the same meaning as provided in 345 s. 320.01(36). 346 (b) "Electric vehicle battery" means a rechargeable 347 storage battery which is the exclusive source of power to an 348 electric motor in an electric vehicle. 349 (c) "Motor vehicle" has the same meaning as provided in s. 350 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 15 of 36 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 320.01(1). 351 Section 4. (a) By December 1, 2024, the Department of 352 Highway Safety and Motor Vehic les shall prepare and submit a 353 report to the Governor, the President of the Senate, and the 354 Speaker of the House of Representatives which: 355 1. Specifies the terms of the Electric Vehicle Battery 356 Deposit Program consistent with s. 320.97, Florida Statutes. 357 2. Identifies any implementation issues. 358 3. Makes recommendations on any further legislation that 359 may be necessary. 360 (b) The report shall contain recommendations on how the 361 state may further facilitate proper electric vehicle battery 362 disposal and recycling. 363 Section 5. Subsection (2) of section 338.234, Florida 364 Statutes, is renumbered as subsection (3) and a new subsection 365 (2) is added to that section, to read: 366 338.234 Granting concessions or selling along the turnpike 367 system; immunity from taxat ion.— 368 (2) If the department enters or has entered into a 369 contract or license with a vendor to allow for the sale of motor 370 fuel or charging services along the turnpike system, the 371 department must offer access to potential vendors of other motor 372 vehicle fuels or repowering services along the turnpike system, 373 including, but not limited to, hydrogen, compressed natural gas, 374 and liquefied natural gas. 375 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 16 of 36 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 Section 6. Subsections (1), (2), and (5) of section 376 366.032, Florida Statutes, are amended to read: 377 366.032 Preemption over utility service restrictions. — 378 (1) A municipality, county, special district, development 379 district, or other political subdivision of the state may not 380 enact or enforce a resolution, ordinance, rule, code, or policy 381 or take any action that restricts or prohibits or has the effect 382 of restricting or prohibiting the types or fuel sources of 383 energy production which may be used, delivered, converted, or 384 supplied by the following entities to serve customers that such 385 entities are authorized t o serve: 386 (a) A public utility or an electric utility as defined in 387 this chapter; 388 (b) An entity formed under s. 163.01 that generates, 389 sells, or transmits electrical energy; 390 (c) A natural gas utility as defined in s. 366.04(3)(c); 391 (d) A natural gas transmission company as defined in s. 392 368.103; or 393 (e) A Category I liquefied petroleum gas dealer or 394 Category II liquefied petroleum gas dispenser or Category III 395 liquefied petroleum gas cylinder exchange operator as defined in 396 s. 527.01. 397 (2) Except to the extent necessary to enforce the Florida 398 Building Code adopted pursuant to s. 553.73 or the Florida Fire 399 Prevention Code adopted pursuant to s. 633.202, a municipality, 400 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 17 of 36 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 county, special district, development district, or other 401 political subdivision of t he state may not enact or enforce a 402 resolution, an ordinance, a rule, a code, or a policy or take 403 any action that restricts or prohibits or has the effect of 404 restricting or prohibiting the use of an appliance, including a 405 stove or grill, which uses the typ es or fuel sources of energy 406 production which may be used, delivered, converted, or supplied 407 by the entities listed in subsection (1). As used in this 408 subsection, the term "appliance" means a device or apparatus 409 manufactured and designed to use energy and for which the 410 Florida Building Code or the Florida Fire Prevention Code 411 provides specific requirements. 412 (5) Any municipality, county, special district, 413 development district, or political subdivision charter, 414 resolution, ordinance, rule, code, policy, or action that is 415 preempted by this act that existed before or on July 1, 2021, is 416 void. 417 Section 7. Subsection (10) is added to section 366.04, 418 Florida Statutes, to read: 419 366.04 Jurisdiction of commission. — 420 (10) In the exercise of its jurisdiction, th e commission, 421 without specific legislative authority, may not authorize a 422 public utility to expand the scope of its regulated business 423 activity to include direct sales of energy to a consumer solely 424 for the consumer's use in powering means of transportatio n owned 425 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 18 of 36 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 by the consumer. This provision does not apply to limited or 426 pilot programs approved by the commission before January 1, 427 2024. 428 Section 8. Section 366.057, Florida Statutes, is created 429 to read: 430 366.057 Retirement of electrical power plant. - 431 (1) For purposes of this section, the term "electrical 432 power plant" means any steam or solar electrical generating 433 facility that uses any process or fuel, including nuclear 434 materials, with a capacity of 75 megawatts or more. The term 435 also includes all asso ciated facilities necessary for the 436 continued operation of the electrical power plant, such as 437 facilities that are physically connected to the electrical power 438 plant and facilities that are used to connect the electrical 439 power plant to an existing transmis sion network. 440 (2) Before retiring an electrical power plant, a public 441 utility must petition the commission for approval to retire the 442 plant, giving not less than 30 days' notice thereof. 443 (3) The commission shall enter a final order approving, 444 approving with conditions, or denying a petition within 180 days 445 after receiving the petition. In making its determination, the 446 commission must take into account the impact of the proposed 447 electrical power plant retirement on: 448 (a) Electric system reliability, res ilience, and 449 integrity. 450 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 19 of 36 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 (b) The ability to provide adequate electricity at a 451 reasonable cost, including potential rate impacts. 452 (c) Fuel diversity and supply reliability. 453 (d) The use of domestic energy resources, including 454 renewable energy resources. 455 (e) The state's energy policy goals in s. 377.601(2). 456 (4) If the commission determines that the basis for 457 retirement of an electrical power plant is a requirement or 458 inducement provided in a proposed or actual federal regulation 459 and that such retireme nt is inconsistent with the state's energy 460 policy goals in s. 377.601(2), the commission shall inform the 461 Attorney General and provide technical support to the Attorney 462 General, as needed, to address the inconsistency. 463 Section 9. Section 366.94, Florid a Statutes, is amended to 464 read: 465 366.94 Electric vehicle charging stations.— 466 (1) The provision of electric vehicle charging to the 467 public by a nonutility is not the retail sale of electricity for 468 the purposes of this chapter. The rates, terms, and condi tions 469 of electric vehicle charging services by a nonutility are not 470 subject to regulation under this chapter. This section does not 471 affect the ability of individuals, businesses, or governmental 472 entities to acquire, install, or use an electric vehicle char ger 473 for their own vehicles. 474 (2) The Department of Agriculture and Consumer Services 475 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 20 of 36 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 shall adopt rules to provide definitions, methods of sale, 476 labeling requirements, and price -posting requirements for 477 electric vehicle charging stations to allow for consistency for 478 consumers and the industry. 479 (3)(a) It is unlawful for a person to stop, stand, or park 480 a vehicle that is not capable of using an electrical recharging 481 station within any parking space specifically designated for 482 charging an electric vehicle. 483 (b) If a law enforcement officer finds a motor vehicle in 484 violation of this subsection, the officer or specialist shall 485 charge the operator or other person in charge of the vehicle in 486 violation with a noncriminal traffic infraction, punishable as 487 provided in s. 316.008(4) or s. 318.18. 488 (4) The commission may approve voluntary public utility 489 programs to become effective on or after January 1, 2025, for 490 residential, customer -specific electric vehicle charging if the 491 commission determines that the rates and rate structure of the 492 program will not adversely impact the public utility's general 493 body of ratepayers. All revenues received from the program must 494 be credited to the public utility's retail ratepayers. This 495 provision does not preclude cost recovery for electric vehicle 496 charging programs approved by the commission before January 1, 497 2024. 498 Section 10. Section 377.601, Florida Statutes, is amended 499 to read: 500 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 21 of 36 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 377.601 Legislative intent. — 501 (1) The purpose of the state's energy policy is to ensure 502 an adequate and reliable supply of energy for the state in a 503 manner that promotes the health and welfare of the public and 504 economic growth. The Legislature intends that governance of the 505 state's energy policy be efficiently directed toward achieving 506 this purpose. The Legislature finds that the state's energy 507 security can be increased by lessening dependence on foreign 508 oil; that the impacts of global climate change can be reduced 509 through the reduction of greenhouse gas emissions; and that the 510 implementation of alternative energy technologies can be a 511 source of new jobs and employment opportunities for many 512 Floridians. The Legislature further finds that the state is 513 positioned at the front line against potential impacts of global 514 climate change. Human and economi c costs of those impacts can be 515 averted by global actions and, where necessary, adapted to by a 516 concerted effort to make Florida's communities more resilient 517 and less vulnerable to these impacts. In focusing the 518 government's policy and efforts to benefit a nd protect our 519 state, its citizens, and its resources, the Legislature believes 520 that a single government entity with a specific focus on energy 521 and climate change is both desirable and advantageous. Further, 522 the Legislature finds that energy infrastructure provides the 523 foundation for secure and reliable access to the energy supplies 524 and services on which Florida depends. Therefore, there is 525 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 22 of 36 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 significant value to Florida consumers that comes from 526 investment in Florida's energy infrastructure that increases 527 system reliability, enhances energy independence and 528 diversification, stabilizes energy costs, and reduces greenhouse 529 gas emissions. 530 (2) For the purposes of subsection (1), the state's energy 531 policy must be guided by the following goals: 532 (a) Ensuring a cost-effective and affordable energy 533 supply. 534 (b) Ensuring adequate supply and capacity. 535 (c) Ensuring a secure, resilient, and reliable energy 536 supply, with an emphasis on a diverse supply of domestic energy 537 resources. 538 (d) Protecting public safety. 539 (e) Ensuring consumer choice. 540 (f) Protecting the state's natural resources, including 541 its coastlines, tributaries, and waterways. 542 (g) Supporting economic growth. 543 (3)(2) In furtherance of the goals in subsection (2), it 544 is the policy of the State of Flo rida to: 545 (a) Develop and Promote the cost-effective development and 546 effective use of a diverse supply of domestic energy resources 547 in the state and, discourage all forms of energy waste, and 548 recognize and address the potential of global climate change 549 wherever possible. 550 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 23 of 36 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 (b) Promote the cost-effective development and maintenance 551 of energy infrastructure that is resilient to natural and 552 manmade threats to the security and reliability of the state's 553 energy supply. Play a leading role in developing and inst ituting 554 energy management programs aimed at promoting energy 555 conservation, energy security, and the reduction of greenhouse 556 gas emissions. 557 (c) Reduce reliance on foreign energy resources. 558 (d)(c) Include energy considerations in all state, 559 regional, and local planning. 560 (e)(d) Utilize and manage effectively energy resources 561 used within state agencies. 562 (f)(e) Encourage local governments to include energy 563 considerations in all planning and to support their work in 564 promoting energy management programs. 565 (g)(f) Include the full participation of citizens in the 566 development and implementation of energy programs. 567 (h)(g) Consider in its decisions the energy needs of each 568 economic sector, including residential, industrial, commercial, 569 agricultural, and gover nmental uses, and reduce those needs 570 whenever possible. 571 (i)(h) Promote energy education and the public 572 dissemination of information on energy and its impacts in 573 relation to the goals in subsection (2) environmental, economic, 574 and social impact. 575 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 24 of 36 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 (j)(i) Encourage the research, development, demonstration, 576 and application of domestic energy resources, including the use 577 of alternative energy resources, particularly renewable energy 578 resources. 579 (k)(j) Consider, in its decisionmaking, the impacts of 580 energy-related activities on the goals in subsection (2) social, 581 economic, and environmental impacts of energy -related 582 activities, including the whole -life-cycle impacts of any 583 potential energy use choices, so that detrimental effects of 584 these activities are understood and minimized. 585 (l)(k) Develop and maintain energy emergency preparedness 586 plans to minimize the effects of an energy shortage within the 587 state Florida. 588 Section 11. Subsections (2) of section 377.6015, Florida 589 Statutes, is amended to read: 590 377.6015 Department of Agriculture and Consumer Services; 591 powers and duties.— 592 (2) The department shall: 593 (a) Administer the Florida Renewable Energy and Energy -594 Efficient Technologies Grants Program pursuant to s. 377.804 to 595 assure a robust grant portfolio. 596 (a)(b) Develop policy for requiring grantees to provide 597 royalty-sharing or licensing agreements with state government 598 for commercialized products developed under a state grant. 599 (c) Administer the Florida Green Government Grants Act 600 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 25 of 36 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 pursuant to s. 377.808 and set annual priorities for grants. 601 (b)(d) Administer the information gathering and reporting 602 functions pursuant to ss. 377.601 -377.608. 603 (e) Administer the provisions of the Florida Energy and 604 Climate Protection Act pursuant to ss. 377.801-377.804. 605 (c)(f) Advocate for energy and climate change issues 606 consistent with the goals in s. 377.601(2) and provide 607 educational outreach and technical assistance in cooperation 608 with the state's academic institutions. 609 (d)(g) Be a party in the proceedings to adopt goals and 610 submit comments to the Public Service Commission pursuant to s. 611 366.82. 612 (e)(h) Adopt rules pursuant to chapter 120 in order to 613 implement all powers and duties described in this section. 614 Section 12. Subsection (1) and paragraphs (e), (f), and 615 (m) of subsection (2) of section 377.703, Florida Statutes, are 616 amended to read: 617 377.703 Additional functions of the Department of 618 Agriculture and Consumer Services. — 619 (1) LEGISLATIVE INTENT. —Recognizing that energy supply and 620 demand questions have become a major area of concern to the 621 state which must be dealt with by effective and well -coordinated 622 state action, it is the intent of the Legislature to promote the 623 efficient, effective, and economical management of energy 624 problems, centralize energy coordination responsibilities, 625 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 26 of 36 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 pinpoint responsibility for conducting energy programs, and 626 ensure the accountability of state agencies for the 627 implementation of s. 377.601 s. 377.601(2), the state energy 628 policy. It is the specific inten t of the Legislature that 629 nothing in this act shall in any way change the powers, duties, 630 and responsibilities assigned by the Florida Electrical Power 631 Plant Siting Act, part II of chapter 403, or the powers, duties, 632 and responsibilities of the Florida Pub lic Service Commission. 633 (2) DUTIES.—The department shall perform the following 634 functions, unless as otherwise provided, consistent with the 635 development of a state energy policy: 636 (e) The department shall analyze energy data collected and 637 prepare long-range forecasts of energy supply and demand in 638 coordination with the Florida Public Service Commission, which 639 is responsible for electricity and natural gas forecasts. To 640 this end, the forecasts shall contain: 641 1. An analysis of the relationship of state ec onomic 642 growth and development to energy supply and demand, including 643 the constraints to economic growth resulting from energy supply 644 constraints. 645 2. Plans for the development of renewable energy resources 646 and reduction in dependence on depletable energy resources, 647 particularly oil and natural gas, and An analysis of the extent 648 to which domestic energy resources, including renewable energy 649 sources, are being utilized in the state. 650 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 27 of 36 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 3. Consideration of alternative scenarios of statewide 651 energy supply and demand for 5, 10, and 20 years to identify 652 strategies for long-range action, including identification of 653 potential impacts in relation to the goals in s. 377.601(2) 654 social, economic, and environmental effects . 655 4. An assessment of the state's energy resour ces, 656 including examination of the availability of commercially 657 developable and imported fuels, and an analysis of anticipated 658 impacts in relation to the goals in s. 377.601(2) effects on the 659 state's environment and social services resulting from energy 660 resource development activities or from energy supply 661 constraints, or both. 662 (f) The department shall submit an annual report to the 663 Governor and the Legislature reflecting its activities and 664 making recommendations for policies for improvement of the 665 state's response to energy supply and demand and its effect on 666 the health, safety, and welfare of the residents of this state. 667 The report must include a report from the Florida Public Service 668 Commission on electricity and natural gas and information on 669 energy conservation programs conducted and underway in the past 670 year and include recommendations for energy efficiency and 671 conservation programs for the state, including: 672 1. Formulation of specific recommendations for improvement 673 in the efficiency of energy utiliz ation in governmental, 674 residential, commercial, industrial, and transportation sectors. 675 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 28 of 36 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. Collection and dissemination of information relating to 676 energy efficiency and conservation. 677 3. Development and conduct of educational and training 678 programs relating to energy efficiency and conservation. 679 4. An analysis of the ways in which state agencies are 680 seeking to implement s. 377.601 s. 377.601(2), the state energy 681 policy, and recommendations for better fulfilling this policy. 682 (m) In recognition of the d evastation to the economy of 683 this state and the dangers to the health and welfare of 684 residents of this state caused by severe hurricanes, and the 685 potential for such impacts caused by other natural disasters, 686 the Division of Emergency Management shall inclu de in its energy 687 emergency contingency plan and provide to the Florida Building 688 Commission for inclusion in the Florida Energy Efficiency Code 689 for Building Construction specific provisions to facilitate the 690 use of cost-effective solar energy technologies a s emergency 691 remedial and preventive measures for providing electric power, 692 street lighting, and water heating service in the event of 693 electric power outages. 694 Section 13. Sections 377.801, 377.802, 377.803, 377.804, 695 377.808, 377.809, and 377.816, Florid a Statutes, are repealed. 696 Section 14. (1) For programs established pursuant to ss. 697 377.804, 377.808, 377.809, or s. 377.816, Florida Statutes, 698 there may not be: 699 (a) New or additional applications, certifications, or 700 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 29 of 36 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 allocations approved. 701 (b) New letters of certification issued. 702 (c) New contracts or agreements executed. 703 (d) New awards made. 704 (2) All certifications or allocations issued under such 705 programs are rescinded except for the certifications of, or 706 allocations to, those certified ap plicants or projects that 707 continue to meet the applicable criteria in effect before July 708 1, 2024. Any existing contract or agreement authorized under any 709 of these programs shall continue in full force and effect in 710 accordance with the statutory requirement s in effect when the 711 contract or agreement was executed or last modified. However, 712 further modifications, extensions, or waivers may not be made or 713 granted relating to such contracts or agreements, except 714 computations by the Department of Revenue of the in come 715 generated by or arising out of the qualifying project. 716 Section 15. Subsection (7) of section 288.9606, Florida 717 Statutes, is amended to read: 718 288.9606 Issue of revenue bonds. — 719 (7) Notwithstanding any provision of this section, the 720 corporation in its corporate capacity may, without authorization 721 from a public agency under s. 163.01(7), issue revenue bonds or 722 other evidence of indebtedness under this section to: 723 (a) Finance the undertaking of any project within the 724 state that promotes renewable energy as defined in s. 366.91 or 725 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 30 of 36 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 s. 377.803; 726 (b) Finance the undertaking of any project within the 727 state that is a project contemplated or allowed under s. 406 of 728 the American Recovery and Reinvestment Act of 2009; or 729 (c) If permitted by federal law, finance qualifying 730 improvement projects within the state under s. 163.08 ; or. 731 (d) Finance the costs of acquisition or construction of a 732 transportation facility by a private entity or consortium of 733 private entities under a public -private partnership agreement 734 authorized by s. 334.30. 735 Section 16. Paragraph (w) of subsection (2) of section 736 380.0651, Florida Statutes, is amended to read: 737 380.0651 Statewide guideline s, standards, and exemptions. — 738 (2) STATUTORY EXEMPTIONS. —The following developments are 739 exempt from s. 380.06: 740 (w) Any development in an energy economic zone designated 741 pursuant to s. 377.809 upon approval by its local governing 742 body. 743 744 If a use is exempt from review pursuant to paragraphs (a) -(u), 745 but will be part of a larger project that is subject to review 746 pursuant to s. 380.06(12), the impact of the exempt use must be 747 included in the review of the larger project, unless such exempt 748 use involves a development that includes a landowner, tenant, or 749 user that has entered into a funding agreement with the state 750 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 31 of 36 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 land planning agency under the Innovation Incentive Program and 751 the agreement contemplates a state award of at least $50 752 million. 753 Section 17. Subsection (2) of section 403.9405, Florida 754 Statutes, is amended to read: 755 403.9405 Applicability; certification; exemption; notice 756 of intent.— 757 (2) No construction of A natural gas transmission pipeline 758 may not be constructed be undertaken after October 1, 1992, 759 without first obtaining certification under ss. 403.9401 -760 403.9425, but these sections do not apply to: 761 (a) Natural gas transmission pipelines which are less than 762 100 15 miles in length or which do not cross a county line, 763 unless the applicant h as elected to apply for certification 764 under ss. 403.9401-403.9425. 765 (b) Natural gas transmission pipelines for which a 766 certificate of public convenience and necessity has been issued 767 under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 768 natural gas transmission pipeline certified as an associated 769 facility to an electrical power plant pursuant to the Florida 770 Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 771 the applicant elects to apply for certification of that pipeline 772 under ss. 403.9401-403.9425. 773 (c) Natural gas transmission pipelines that are owned or 774 operated by a municipality or any agency thereof, by any person 775 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 32 of 36 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 primarily for the local distribution of natural gas, or by a 776 special district created by special act to distribute natu ral 777 gas, unless the applicant elects to apply for certification of 778 that pipeline under ss. 403.9401 -403.9425. 779 Section 18. Subsection (3) of section 720.3075, Florida 780 Statutes, is amended to read: 781 720.3075 Prohibited clauses in association documents. — 782 (3) Homeowners' association documents, including 783 declarations of covenants, articles of incorporation, or bylaws, 784 may not preclude: 785 (a) The display of up to two portable, removable flags as 786 described in s. 720.304(2)(a) by property owners. However, al l 787 flags must be displayed in a respectful manner consistent with 788 the requirements for the United States flag under 36 U.S.C. 789 chapter 10. 790 (b) Types or fuel sources of energy production which may 791 be used, delivered, converted, or supplied by the following 792 entities to serve customers within the association that such 793 entities are authorized to serve: 794 1. A public utility or an electric utility as defined in 795 this chapter; 796 2. An entity formed under s. 163.01 that generates, sells, 797 or transmits electrical ene rgy; 798 3. A natural gas utility as defined in s. 366.04(3)(c); 799 4. A natural gas transmission company as defined in s. 800 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 33 of 36 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 368.103; or 801 5. A Category I liquefied petroleum gas dealer, a Category 802 II liquefied petroleum gas dispenser, or a Category III 803 liquefied petroleum gas cylinder exchange operator as defined in 804 s. 527.01. 805 (c) The use of an appliance, including a stove or grill, 806 which uses the types or fuel sources of energy production which 807 may be used, delivered, converted, or supplied by the entities 808 listed in paragraph (b). As used in this paragraph, the term 809 "appliance" means a device or apparatus manufactured and 810 designed to use energy and for which the Florida Building Code 811 or the Florida Fire Prevention Code provides specific 812 requirements. 813 Section 19. (1) Recognizing the continued development and 814 growth of markets for technologies that allow businesses and 815 consumers to generate, store, and manage electrical energy for 816 their own use, and recognizing that the use of these 817 technologies has the pot ential to significantly impact the 818 electric grid and consumer choice, the Legislature directs the 819 Public Service Commission to ensure that these technologies are 820 used in a manner that best maintains the integrity of the state 821 electricity grid through marke t-based policies for consumers and 822 public utilities and through electric grid improvements that 823 ensure the safe, reliable, and cost -effective use of electrical 824 power from these technologies. Specifically, the commission 825 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 34 of 36 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 shall develop policies that establis h programs and rate 826 mechanisms for smart energy demand response and for customer -827 owned generation and energy storage exported to the grid or used 828 to enhance grid stability or resilience and reduce costs, such 829 that financial benefits are shared among users of these 830 technologies, public utilities, and their general body of 831 ratepayers based on the value provided by and to each party. The 832 policies shall also address the modernization of the state's 833 electric grid to ensure that the necessary infrastructure is in 834 place to implement these programs and rate mechanisms. The 835 policies must ensure that equipment used by utilities and 836 consumers to implement and participate in these programs and 837 rate mechanisms is manufactured in the United States or in 838 countries engaged in commerce with the United States pursuant to 839 free trade agreements. 840 (2) By January 1, 2024, the commission shall submit a 841 report to the Legislature that contains the policies developed 842 pursuant to this section, including the basis for each policy 843 and any matters that the commission deems relevant for the 844 Legislature's consideration in evaluating these policies. Such 845 policies may not be implemented until approved by the 846 Legislature, with the exception of limited pilot projects and 847 programs. 848 Section 20. (1) The Public Service Commission shall 849 conduct an assessment of the security and resiliency of the 850 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 35 of 36 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 state's electric grid and natural gas facilities against both 851 physical threats and cyber threats. The commission shall consult 852 with the Florida Digital Service in assessing cyber threats. All 853 electric utilities, natural gas utilities, and natural gas 854 pipelines operating in this state, regardless of ownership 855 structure, shall cooperate with the commission to provide access 856 to all information nece ssary to conduct the assessment. 857 (2) By January 1, 2025, the commission shall submit a 858 report of its assessment to the Governor, the President of the 859 Senate, and the Speaker of the House of Representatives. The 860 report must also contain any recommendation s for potential 861 legislative or administrative actions that may enhance the 862 physical security or cyber security of the state's electric grid 863 or natural gas facilities. 864 Section 21. (1) Recognizing the evolution and advances 865 that have occurred and contin ue to occur in nuclear power 866 technologies, the Public Service Commission shall study and 867 evaluate the technical and economic feasibility of using 868 advanced nuclear power technologies, including small modular 869 reactors, to meet the electrical power needs of t he state, and 870 research means to encourage and foster the installation and use 871 of such technologies at military installations in the state. 872 (2) By January 1, 2025, the commission shall prepare and 873 submit a report to the Governor, the President of the Sena te, 874 and the Speaker of the House of Representatives, containing its 875 HB 1645 2024 CODING: Words stricken are deletions; words underlined are additions. hb1645-00 Page 36 of 36 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 findings and any recommendations for potential legislative or 876 administrative actions that may enhance the use of advanced 877 nuclear technologies in a manner consistent with the energy 878 policy goals in s. 377.601(2), Florida Statutes. 879 Section 22. (1) Recognizing the continued development of 880 technologies that support the use of hydrogen as a 881 transportation fuel and the potential for such use to help meet 882 the state's energy policy goals in s . 377.601(2), Florida 883 Statutes, the Department of Transportation, in consultation with 884 the Office of Energy within the Department of Agriculture and 885 Consumer Services, shall study and evaluate the potential 886 development of hydrogen fueling infrastructure, i ncluding 887 fueling stations, to support hydrogen -powered vehicles that use 888 the state highway system. 889 (2) By January 1, 2025, the department shall prepare and 890 submit a report to the Governor, the President of the Senate, 891 and the Speaker of the House of Repr esentatives, containing its 892 findings and any recommendations for potential legislative or 893 administrative actions that may accommodate the future 894 development of hydrogen fueling infrastructure in a manner 895 consistent with the energy policy goals in s. 377.60 1(2), 896 Florida Statutes. 897 Section 23. Except as otherwise provided in this act, this 898 act shall take effect July 1, 2024. 899