Florida House Bill H1645 Analysis / Analysis

                     
This document does not reflect the intent or official position of the bill sponsor or House of Representatives. 
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HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS  
 
BILL #: CS/CS/HB 1645    Energy Resources 
SPONSOR(S): Commerce Committee and Energy, Communications & Cybersecurity Subcommittee, Payne 
and others 
TIED BILLS:   IDEN./SIM. BILLS: CS/CS/SB 1624 
 
 
 
 
FINAL HOUSE FLOOR ACTION: 81 Y’s 
 
29 N’s  GOVERNOR’S ACTION: Pending 
 
 
SUMMARY ANALYSIS 
CS/CS/HB 1645 passed the House on March 1, 2024, as amended. The bill was amended in the Senate on 
March 6, 2024, and returned to the House. The House concurred in the Senate amendment to the House bill 
and subsequently passed the bill as amended on March 7, 2024. 
 
The bill updates Florida’s energy policies and amends specific energy-related laws. Specifically, the bill: 
 Provides an updated statement of legislative intent concerning the state’s energy policy and establishes 
a list of specific, fundamental policy goals to guide the state’s energy policy. 
 Updates energy policy statements in current law and the duties of the Department of Agriculture and 
Consumer Services to be consistent with the state’s energy policy goals. 
 Requires the Public Service Commission (PSC) to determine, upon notice by a public utility, whether an 
off-schedule power plant retirement is prudent and consistent with the state’s energy policy goals.  
 Requires rural electric cooperatives and municipal electric utilities to have at least one mutual aid 
agreement with another electric utility for purposes of restoring power after a natural disaster.  
 Increases the minimum length of an intrastate natural gas pipeline that requires certification under the 
Natural Gas Transmission Pipeline Siting Act from 15 miles to 100 miles. 
 Defines the term “gross capacity” for purposes of the Florida Electrical Power Plant Siting Act. 
 Provides that certain “resiliency facilities” owned and operated by a public utility that deploy natural gas 
reserves for temporary use during a system outage or natural disaster are a permitted use in certain 
land use categories and districts, subject to setback and landscape criteria for other similar uses. 
 Provides for the recovery of certain facility relocation costs incurred by a natural gas utility through a 
charge separate from the utility’s base rates. 
 Prohibits the construction or expansion of offshore wind energy facilities and certain wind turbines 
located on real property within a mile of the state’s coastline or intracoastal waterways or on waters of 
the state. 
 Requires the PSC to develop a plan to conduct an assessment of the security and resiliency of the 
state's electric grid and natural gas facilities against both physical threats and cyber threats. 
 Allows the PSC to approve utility programs for electric vehicle charging under certain conditions. 
 Repeals the Renewable Energy and Energy-Efficient Technologies Grant Program, Florida Green 
Government Grants, the Energy Economic Zone Pilot Program, and Qualified Energy Conservation 
Bonds provisions. 
 Prohibits community development districts and homeowners’ associations from prohibiting certain types 
or fuel sources of energy production and appliances that use such fuels. 
 Requires the PSC to study and evaluate the technical and economic feasibility of using advanced 
nuclear power technologies and to submit a report of its findings and recommendations. 
 Requires the Department of Transportation to study and evaluate the potential development of 
hydrogen fueling infrastructure to support hydrogen-powered vehicles on the state highway system. 
 
The bill does not appear to have a fiscal impact on state or local government revenues but may have an 
indeterminate negative fiscal impact on expenditures. See Fiscal Comments. 
 
Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2024.    
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I. SUBSTANTIVE INFORMATION 
 
A. EFFECT OF CHANGES:  
 
Florida Energy Profile 
 
Florida is the third most populous state and the fourth largest energy-consuming state in the nation. 
However, Florida uses less energy per capita than all but six other states, in part because of its large 
population, moderate winter weather, and relatively low industrial sector energy use.
1
 Florida’s energy 
consumption can be broken down by end-use sector as follows:
2
 
 Transportation – 39% 
 Residential – 28% 
 Commercial – 22% 
 Industrial – 11% 
 
In the electric power industry, natural gas is the dominant fuel in Florida and since 2011 has generated 
more electric power than all other fuels combined. Natural gas fueled approximately 70 percent of 
electric energy consumed in Florida in 2022. This number is anticipated to decline over the next ten 
years, reaching 56 percent by 2032.
3
 Florida has very little natural gas production and limited gas 
storage capacity, thus the state is reliant upon out-of-state production and storage to satisfy its 
demand.
4
 Supply from out-of-state is provided by five interstate natural gas pipelines, with the majority 
of peninsular Florida’s supply provided by three interstate pipelines: Florida Gas Transmission Pipeline, 
Gulf Stream Natural Gas System, and Sabal Trail Transmission.
5
 
 
In 2021, renewable energy resources were used to generate approximately 6 percent of the electric 
energy consumed in Florida. This number is anticipated to increase over the next ten years, reaching 
28 percent by 2032, primarily from the addition of new solar generation. Solar generation in Florida is 
expected to exceed all non-natural gas energy sources combined (primarily nuclear and coal) by 2029.
6
 
 
Of the current renewable generation capacity in Florida, approximately 37 percent is considered a “firm” 
resource that can be relied upon to serve customers and defer the need for traditional power plants. 
Because of the coincidence of solar generation and the peak demand for electrical energy, about 40 
percent of installed solar generation is considered a firm resource. For utility-scale solar projects, that 
number increases to 52 percent. As the amount of solar increases in the state, the difference in how it 
operates compared to traditional generation will have an increasing importance to the grid. Solar 
generation cannot be dispatched as needed, but is produced based upon the conditions at the plant 
site, influenced by variations in daylight hours, cloud cover, and other environmental factors. Generally, 
the peak hours for production of a solar facility are closer to noon, whereas the peak in system demand 
tends to be in the early evening in summer and early morning in winter. Still, Florida is projected to 
meet its electricity demand and carry a reserve margin of between 16.4 and 30.1 percent on a 
statewide basis over the next 10 years.
7
 
 
                                                
1
 U.S. Energy Information Administration (EIA), Florida, State Profile and Energy Estimates, Analysis, 
https://www.eia.gov/state/analysis.php?sid=FL#:~:text=Renewable%20resources%20fueled%20about%206,generation%
20came%20from%20solar%20energy (last visited Jan. 12, 2024). 
2
 EIA, Florida, State Profile and Energy Estimates, Data, https://www.eia.gov/state/data.php?sid=FL (last visited Jan. 12, 
2024). These figures reflect consumption in 2021, the most recent period reported by EIA for the state. 
3
 Florida Public Service Commission (FPSC), Review of the 2023 Ten-Year Site Plans of Florida’s Electric Utilities, 
available at https://www.floridapsc.com/pscfiles/website-files/PDF/Utilities/Electricgas/TenYearSitePlans//2023/Review.pdf 
(last visited Jan. 12, 2024). 
4
 Id. at 42. 
5
 FPSC, Facts and Figures of the Florida Utility Industry, 2023, at 17, https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/General/FactsAndFigures/April%202023.pdf (last visited Jan. 15, 2024). 
6
 FPSC, supra note 3, at 3. 
7
 Id.   
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Since 2001, utility-scale electric generation from renewable resources in Florida had grown only 28 
percent through 2016, but had grown over 300 percent by 2022.
8
 Customer-owned renewable 
generation connected to the electric grid in Florida has also grown dramatically in recent years, 
increasing 460 percent from 2018 to 2022. This growth appears to correlate with decreasing prices for 
both utility-scale and customer-owned solar generation systems.
9
 
 
In the transportation sector, the market for electric vehicles (EV) in Florida has grown significantly in 
recent years and is expected to continue growing.
10
 Including both full battery electric vehicles and 
plug-in hybrid electric vehicles, only 21,700 EVs were registered in Florida in 2016; that number 
increased to 213,800 in 2022, second only to California.
11
 Florida’s generating electric utilities anticipate 
that annual EV energy consumption in their service territories will increase at a rate of almost 20% per 
year through 2032 and will comprise 3.9 percent of their net energy for load and 4 percent of summer 
peak demand in 2032.
12
 This growth is accounted for in utility planning.
13
 Registrations for compressed 
natural gas vehicles in Florida have declined from 18,000 in 2016 to 400 in 2022, and there is no data 
for registration of hydrogen-fueled vehicles in Florida for 2022.
14
 Gasoline powered vehicles still 
account for the overwhelming majority of vehicle registrations in Florida, with almost 16 million 
registered in Florida.
15
 
 
The United States Environmental Protection Agency (EPA) maintains an inventory of greenhouse gas 
(GHG) emissions by state, end-use sector, and type of gas, with the most recent inventory data for 
2021.
16
 According to this inventory, Florida’s net GHG emissions for all sectors peaked in 2005 and 
were slightly lower (0.7 percent) in 2021 as compared to 2008.
17
 GHGs reported to the EPA by large 
facilities
18
 in Florida have declined from 147 million metric tons in 2010 to 113 million metric tons in 
2022.
19
 In 2021, the transportation sector accounted for 41 percent of Florida’s GHG emissions, the 
electric power industry accounted for 35 percent, and the remaining 24 percent was associated with the 
industrial, commercial, agricultural, and residential sectors.
20
 
 
                                                
8
 EIA, Electricity Data Browser, 
https://www.eia.gov/electricity/data/browser/#/topic/0?agg=2,0,1&fuel=02fh&geo=g000001&sec=g&linechart=ELEC.GEN.
AOR-US-99.A~ELEC.GEN.AOR-FL-99.A&columnchart=ELEC.GEN.AOR -US-99.A&map=ELEC.GEN.AOR -US-
99.A&freq=A&start=2001&end=2022&chartindexed=1&ctype=linechart&ltype=pin&rtype=s&maptype=0&rse=0&pin= (last 
visited Jan. 12, 2024). 
9
 See, e.g., NREL, Documenting a Decade of Cost Declines for PV Systems, Feb. 10, 2021, 
https://www.nrel.gov/news/program/2021/documenting-a-decade-of-cost-declines-for-pv-systems.html (last visited Jan. 
12, 2024) (stating that, from 2010 to 2020, there had been a 64%, 69%, and 82% reduction in the cost of residential, 
commercial-rooftop, and utility-scale PV systems, respectively and that a significant portion of the cost declines over that  
decade can be attributed to an 85% cost decline in module price). 
10
 Florida Department of Transportation (FDOT), Florida's Electric Vehicle Infrastructure Deployment Plan, August 2023, 
at 17, https://fdotwww.blob.core.windows.net/sitefinity/docs/default-
source/emergingtechnologies/evprogram/2023_florida's-evidp_update_092923.pdf?sfvrsn=1e4aee0_1 (last visited Jan. 
15, 2024). 
11
 U.S Department of Energy (DOE), Alternative Fuels Data Center, 
https://afdc.energy.gov/transatlas/#/?state=FL&view=vehicle_count (last visited Jan. 15, 2024). 
12
 FPSC, supra note 3, at 5-6, 19. 
13
 Id. at 17-20/. 
14
 DOE, supra note 11. 
15
 Id. 
16
 For purposes of the EPA’s inventory, GHGs include carbon dioxide, methane, fluorinated gases, and nitrous oxide. The 
inventory also accounts for changes associated with land use and forestry that affect the land’s ability to serve as a sink 
for GHG emissions. EPA, Greenhouse Gas Inventory Data Explorer, 
https://cfpub.epa.gov/ghgdata/inventoryexplorer/#iallsectors/allsectors/allgas/gas/all (last visited Jan, 15, 2024). 
17
 Id. 
18
 Facilities that emit 25,000 metric tons or more per year of GHGs are required to annually report their GHG emissions to 
the EPA. Roughly half of total U.S. GHG emissions are reported by direct emitters. EPA, Facility Level Information on 
Greenhouse Gases Tool, https://ghgdata.epa.gov/ghgp/main.do?site_preference=normal (last visited Jan. 12, 2024). 
19
 Id. 
20
 EPA, supra note 16.   
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State Energy Policy and Governance 
 
Present Situation 
 
In 1974, in response to the 1973-1974 oil embargo,
21
 the Legislature, upon finding that a lack of 
accurate and relevant information was hampering its ability to develop energy policy to address the 
energy resource shortages facing the state, created an “energy data center” to collect data on 
production, refinement, transportation, storage, and sale of energy resources in Florida, including all 
types of fossil fuels, nuclear energy, and renewables.
22
 Three years later, the Legislature developed an 
energy policy statement with a focus on energy conservation, alternative energy resources, and public 
education about energy use.
23
 This energy policy statement is still mostly intact in Florida law.
24
 
 
In 1978, the Legislature transferred the duties of the energy data center to the former Department of 
Administration and expanded those duties to include additional data analysis and forecasting, public 
education, promoting conservation, and coordinating state energy-related programs.
25
 This list of duties 
is now reflected in the duties established in current law for the Department of Agriculture and Consumer 
Services (DACS).
26
 
 
Florida’s current energy policies are largely established through various provisions of law related to 
specific aspects of energy production, distribution, sales, and use. The Legislature last addressed 
energy policy at a holistic level in 2008,
27
 when it adopted the following statement of intent with regard 
to energy resource planning and development, which is unchanged in current law:
28
 
 
The Legislature finds that the state’s energy security can be increased by lessening dependence on 
foreign oil; that the impacts of global climate change can be reduced through the reduction of 
greenhouse gas emissions; and that the implementation of alternative energy technologies can be a 
source of new jobs and employment opportunities for many Floridians. The Legislature further finds that 
the state is positioned at the front line against potential impacts of global climate change. Human and 
economic costs of those impacts can be averted by global actions and, where necessary, adapted to by 
a concerted effort to make Florida’s communities more resilient and less vulnerable to these impacts. In 
focusing the government’s policy and efforts to benefit and protect our state, its citizens, and its 
resources, the Legislature believes that a single government entity with a specific focus on energy and 
climate change is both desirable and advantageous. Further, the Legislature finds that energy 
infrastructure provides the foundation for secure and reliable access to the energy supplies and 
services on which Florida depends. Therefore, there is significant value to Florida consumers that 
comes from investment in Florida’s energy infrastructure that increases system reliability, enhances 
energy independence and diversification, stabilizes energy costs, and reduces greenhouse gas 
emissions. 
 
In 2008, the Legislature also adopted the following energy policy statements, which are unchanged in 
current law:
29
 
 
It is the policy of the State of Florida to: 
 Develop and promote the effective use of energy in the state, discourage all forms of energy 
waste, and recognize and address the potential of global climate change wherever possible. 
                                                
21
 See, generally, U.S Department of State, Office of the Historian, Oil Embargo, 1973-1974, 
https://history.state.gov/milestones/1969-1976/oil-embargo (last visited Jan. 12, 2024). 
22
 Ch. 74-186, L.O.F. 
23
 Ch. 77-334, L.O.F. 
24
 See s. 377.601(2), F.S. 
25
 Ch. 78-25, L.O.F. 
26
 See ss. 377.603 and 377.703, F.S. 
27
 Ch. 2008-227, L.O.F. 
28
 S. 377.601(1), F.S. 
29
 S. 377.601(2), F.S.   
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 Play a leading role in developing and instituting energy management programs aimed at 
promoting energy conservation, energy security, and the reduction of greenhouse gas 
emissions. 
 Include energy considerations in all state, regional, and local planning. 
 Utilize and manage effectively energy resources used within state agencies. 
 Encourage local governments to include energy considerations in all planning and to support 
their work in promoting energy management programs. 
 Include the full participation of citizens in the development and implementation of energy 
programs. 
 Consider in its decisions the energy needs of each economic sector, including residential, 
industrial, commercial, agricultural, and governmental uses, and reduce those needs whenever 
possible. 
 Promote energy education and the public dissemination of information on energy and its 
environmental, economic, and social impact. 
 Encourage the research, development, demonstration, and application of alternative energy 
resources, particularly renewable energy resources. 
 Consider, in its decision making, the social, economic, and environmental impacts of energy-
related activities, including the whole-life-cycle impacts of any potential energy use choices, so 
that detrimental effects of these activities are understood and minimized. 
 Develop and maintain energy emergency preparedness plans to minimize the effects of an 
energy shortage within Florida. 
 
Under current law,
30
 DACS is required to perform the following functions, consistent with the 
development of a state energy policy: 
 Perform or coordinate the functions of any federal energy programs delegated to the state, 
including energy supply, demand, conservation, or allocation. 
 Analyze present and proposed federal energy programs and make recommendations regarding 
those programs to the Governor and the Legislature. 
 Coordinate efforts to seek federal support or other support for state energy activities, including 
energy conservation, research, or development, and is responsible for the coordination of 
multiagency energy conservation programs and plans. 
 Analyze energy data collected and prepare long-range forecasts of energy supply and demand 
in coordination with the Public Service Commission (PSC), which is responsible for electricity 
and natural gas forecasts, which must contain: 
o An analysis of the relationship of state economic growth and development to energy 
supply and demand. 
o Plans for the development of renewable energy resources and reduction in dependence 
on depletable energy resources, particularly oil and natural gas, and an analysis of the 
extent to which renewable energy sources are being utilized in the state. 
o Consideration of alternative scenarios of statewide energy supply and demand for 5, 10, 
and 20 years to identify strategies for long-range action, including identification of 
potential social, economic, and environmental effects. 
o An assessment of the state’s energy resources, including examination of the availability 
of commercially developable and imported fuels, and an analysis of anticipated effects 
on the state’s environment and social services resulting from energy resource 
development activities or from energy supply constraints, or both. 
 Submit an annual report to the Governor and the Legislature reflecting its activities and making 
recommendations for policies for improvement of the state’s response to energy supply and 
demand and its effect on the health, safety, and welfare of the residents of this state, including a 
report from the PSC on electricity and natural gas and information on energy conservation 
programs, with recommendations for energy efficiency and conservation programs for the state. 
                                                
30
 S. 377.703, F.S.   
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 Promote the development and use of renewable energy resources, consistent with the state 
comprehensive plan and the policy statements made in 2008. 
 Promote energy efficiency and conservation in all energy use sectors in the state, including 
consultation with the Department of Management Services to coordinate energy conservation 
programs of state agencies. 
 Serve as the state clearinghouse for indexing and gathering all information related to energy 
programs in state universities, in private universities, in federal, state, and local government 
agencies, and in private industry and prepare and distribute this information in any manner 
necessary to inform and advise the public. 
 Coordinate energy-related programs of state government. 
 Promote a comprehensive research plan for state programs, which must be consistent with 
state energy policy and be updated on a biennial basis. 
 Prepare an assessment of the state’s renewable energy production credit. 
 
Under its authority to promote the development and use of renewable energy resources, DACS 
adopted rules in 2022 that establish renewable energy goals for electric utilities in the state, culminating 
in a goal of 100 percent renewable energy use by 2050.
31
 
 
DACS is also responsible for administering the Florida Renewable Energy Technologies and Energy 
Efficiency Act,
32
 which consists of the Renewable Energy and Energy-Efficient Technologies Grant 
Program, and the Florida Green Government Grants Act.
33
 Both programs are discussed in further 
detail in this analysis under Energy Grant Programs, below. 
 
Effect of the Bill 
 
The bill replaces the current statement of legislative intent concerning the state’s energy policy with a 
more streamlined statement of intent that expresses the purpose of the state’s energy policy. The new 
statement of intent provides: 
 
The purpose of the state's energy policy is to ensure an adequate, reliable, and cost-effective supply of 
energy for the state in a manner that promotes the health and welfare of the public and economic 
growth. The Legislature intends that governance of the state's energy policy be efficiently directed 
toward achieving this purpose. 
 
For purposes of achieving this new statement of intent, the bill provides a list of specific, fundamental 
policy goals to guide the state’s energy policy. These goals are: 
 Ensuring a cost-effective and affordable energy supply; 
 Ensuring adequate supply and capacity; 
 Ensuring a secure, resilient, and reliable energy supply, with an emphasis on a diverse 
supply of domestic energy resources; 
 Protecting public safety; 
 Protecting the state's natural resources, including its coastlines, tributaries, and waterways; 
and 
 Supporting economic growth. 
 
The bill’s revised statement of intent removes current legislative findings related to global climate 
change, and the bill’s list of energy policy goals does not specifically address global climate change. 
 
Consistent with the bill’s revised statement of legislative intent and its list of energy policy goals, the bill 
revises the energy policy statements in current law. These changes: 
                                                
31
 R. 50-5.003, F.A.C. 
32
 Ss. 377.801-377.804, F.S. 
33
 S. 377.808, F.S.   
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 Specify that it is the state’s policy to promote the “cost-effective development and use of a 
diverse supply of domestic energy resources in the state,” rather than the “effective use of 
energy in the state.” 
 Remove a provision that provides for recognizing and addressing “the potential of global climate 
change” as a state energy policy. 
 Add that promotion of “the cost-effective development and maintenance of energy infrastructure 
that is resilient to natural and manmade threats to the security and reliability of the state's 
energy supply” is a state energy policy. 
 Remove a provision that provides for the state to “play a leading role in developing and 
instituting energy management programs aimed at promoting energy conservation, energy 
security, and the reduction of greenhouse gas emissions.” 
 Add that reduction of “reliance on foreign energy resources” is a state energy policy. 
 Provide that it is the state’s policy to promote energy education and dissemination of public 
information on energy and its impacts in relation to the list of energy policy goals established by 
the bill. 
 Provide that it is the state’s energy policy to consider, in its decision-making, the impacts of 
energy-related activities on the energy policy goals established in the bill. 
 Provide that it is the state’s energy policy to encourage the research, development, 
demonstration, and application of domestic energy resources, including the use of renewable 
resources. 
 
The bill also revises DACS’ energy-related duties to be consistent with these changes. First, the bill 
requires that DACS advocate for energy issues consistent with the bill’s list of energy policy goals. 
Next, the bill provides that DACS’ energy data analyses must address potential impacts in relation to 
the bill’s list of energy policy goals. The bill removes a provision that requires these analyses to include 
plans for development of renewable energy resources and reduction in dependence on depletable 
energy resources. Finally, the bill removes the provision that authorizes DACS to establish goals and 
strategies for increasing the use of renewable energy in the state. 
 
Reliability and Resilience of Energy Infrastructure and Supply 
 
Present Situation 
 
Florida’s Electrical Power Grid 
 
 State Oversight of Electrical Grid Development 
 
The electric power grid primarily consists of a network of transmission lines, substations, distribution 
lines, transformers, and meters that deliver electricity from electrical power plants to homes and 
businesses. Since 1974, the PSC has had jurisdiction over the planning, development, and 
maintenance of a coordinated electric power grid throughout Florida to assure an adequate and reliable 
source of energy for operational and emergency purposes and to avoid uneconomic duplication of 
facilities.
34
 The PSC exercises this jurisdiction, in part, through its review of electric utilities’ ten-year 
plans regarding power generating needs and proposed electrical power plant sites
35
 and through its 
review of applications for certain electrical power plant additions and expansions under the Florida 
Electrical Power Plant Siting Act (PPSA)
36
 and certain intrastate transmission line additions and 
expansions under the Florida Electric Transmission Line Siting Act (TLSA).
37
 
 
Florida’s Department of Environmental Protection (DEP), through its Division of Air Resource 
Management, is charged with protecting and managing Florida’s air resource, including monitoring air 
                                                
34
 Ch. 74-196, L.O.F., codified at s. 366.04(5), F.S. 
35
 S. 186.801, F.S. 
36
 Ss. 403.501-403.508, F.S. 
37
 Ss. 403.52-403.5365, F.S.   
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quality, issuing permits for construction and operation of certain sources of emissions, and enforcing 
compliance by those sources with applicable federal and state regulations.
38
 
 
The PPSA and TLSA establish centrally coordinated permitting processes for the siting of certain 
electrical power plants and transmission lines. These processes are administered by DEP and allow for 
input from state agencies and local governments whose jurisdictions are impacted by a proposed plant 
or transmission line. Both laws are intended “to effect a reasonable balance” between the need for a 
facility and the environmental impact resulting from construction and operation of the facility, including 
air and water quality, fish and wildlife, and water resources and other natural resources of the state.
39
 
 
The PSC is the sole forum for determining the need for an electrical power plant subject to the PPSA or 
a transmission line subject to the TLSA.
40
 The PSC’s affirmative determination of need is required 
before DEP will conduct a project analysis and certification hearing for an electrical power plant or 
transmission line.
41
 
 
For purposes of certification under the PPSA, an electrical power plant includes any steam or solar 
electrical generating facility using any process or fuel (excluding facilities of less than 75 megawatts 
(MW) in gross capacity), plus the site, associated facilities physically or indirectly connected to the site, 
and associated power lines that connect the proposed plant to the electric grid.
42
 Thus, most of the 
state’s large, baseload and intermediate load power plants,
43
 including natural gas combined cycle 
power plants, coal power plants, and nuclear power plants, require certification under the PPSA. Most 
utility-scale solar facilities in Florida have been configured to fall just below the 75 MW threshold and 
have not required certification under the PPSA. 
 
In determining the need for an electrical power plant, the PSC must take into account: 
 The need for electric system reliability and integrity; 
 The need for adequate electricity at a reasonable cost; 
 The need for fuel diversity and supply reliability; 
 Whether the proposed plant is the most cost-effective alternative available; 
 Whether renewable energy sources and technologies, as well as conservation measures, are 
utilized to the extent reasonably available; 
 The conservation measures taken by or reasonably available to the applicant or its members 
which might mitigate the need for the proposed plant; and 
 Other matters within its jurisdiction which it deems relevant.
44
 
 
The PSC’s determination of need for an electrical power plant creates a presumption of public need 
and necessity for the plant.
45
 
 
In determining the need for a transmission line, the PSC must take into account: 
 The need for electric system reliability and integrity; 
 The need for abundant, low-cost electrical energy to assure the economic well-being of the 
residents of this state; 
                                                
38
 Florida Department of Environmental Protection (DEP), Division of Air Resource Management, https://floridadep.gov/air 
(last visited January 19, 2024); DEP, Florida’s Air Quality, 
https://floridadep.gov/sites/default/files/Air%20Quality%20in%20Florida%200816-web.pdf (last visited January 19, 2024). 
39
 Ss. 403.502 and 403.521, F.S. 
40
 Ss. 403.519 and 403.537, F.S.  
41
 Ss. 403.507(4) and 403.537(1)(d), F.S. 
42
 Ss. 403.503(14) and 403,506(1), F.S. 
43
 As the name implies, baseload power plants operate without much interruption throughout the year. Intermediate load, 
or load-following power plants, adjust their electricity output as demand for electricity fluctuates throughout the day. See, 
e.g., EPA, Electric Power Sector Basics, https://www.epa.gov/power-sector/electric-power-sector-basics (last visited Feb. 
15, 2024). 
44
 S. 403.519(3), F.S. 
45
 Id.   
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 The appropriate starting and ending point of the line; and 
 Other matters within its jurisdiction which it deems relevant.
46
 
 
Ultimately, the Governor and Cabinet, who sit as the siting board, must consider the PSC’s 
determination of need along with land use and environmental issues when determining whether a 
proposed electrical power plant or transmission line should be approved, approved with modifications 
or conditions, or denied.
47
 
 
 Proposed EPA Rules on Greenhouse Gas Emissions 
 
In May 2023, the U.S. Environmental Protection Agency (EPA) proposed new rules to limit GHG 
emissions from new and existing fossil fuel-fired electrical power plants and invited comments on its 
proposed rules. Under these proposed rules, the specific standards vary by the type of power plant, 
e.g., new or existing, coal-fired or natural-gas fired), how frequently it is used (base load, intermediate 
load, or peak load
48
), and its operating horizon.
49
  
 
For existing fossil fuel-fired stationary combustion turbines (primarily natural gas-fired units), these 
proposed standards require the use of either: 
 Carbon capture and sequestration (CCS) technologies that achieve a 90% capture of GHG 
emissions by 2035; or 
 The use of 30% (by volume) hydrogen produced from low-GHG emitting fuels to help fuel (“co-
fire”) the plant by 2032, increasing to 96% by 2038.
50
 
 
For existing fossil fuel-fired steam generating units (primarily coal-fired units), the proposed standards 
vary based on the operating horizon of the unit. Units committed either to cease operations by January 
1, 2032, or to cease operations by January 1, 2035, and operate at a capacity factor limit of 20 percent, 
face no requirements beyond routine maintenance. Units committed to cease operations by January 1, 
2040, must co-fire with 40% (by volume) natural gas and achieve a 16 percent emissions rate reduction 
by 2030.
51
 
 
The proposed rules would require states, within 24 months of the effective date of the emissions 
guidelines, to submit plans to the EPA that provide for the establishment, implementation, and 
enforcement of standards of performance for existing sources. These state plans must generally 
establish standards that are at least as stringent as EPA’s emission guidelines.
52
 
                                                
46
 S. 403.537(1)(c), F.S. 
47
 Ss. 403.509(3) and 403.529, F.S. 
48
 Though these terms may have more specific meanings in the EPA’s proposed rule, in general: 
 “Base load” power plants normally supply all or part of the minimum, or base, demand (load) on the electric power 
grid; a base load generating unit runs continuously, producing electricity at a nearly constant rate throughout most 
of the day. 
 “Peak load,” or “peaking,” power plants help to meet electricity demand when demand is at its highest, or peak, 
such as in the late afternoon when electricity use for air conditioning increases during hot weather. 
 “Intermediate load” power plants provide load responsive operation between base load and peaking service; the 
demand profile varies over time and intermediate sources are in general technically and economically suited for 
following the changes in demand. 
See, e.g., EIA, Electricity explained, https://www.eia.gov/energyexplained/electricity/electricity-in-the-us-generation-
capacity-and-sales.php (last visited Jan. 22, 2024). 
49
 EPA, Fact Sheet – Greenhouse Gas Standards and Guidelines for Fossil Fuel-Fired Power Plants, Proposed Rule (Fact 
Sheet), https://www.epa.gov/system/files/documents/2023-05/FS-OVERVIEW-GHG-
for%20Power%20Plants%20FINAL%20CLEAN.pdf (last visited Jan. 22, 2024). 
50
 Id. New base load units of the same type must satisfy these same standards and must use the most efficient available 
turbines. New intermediate load units of the same type must be co-fired with 30% (by volume) hydrogen produced from 
low-GHG emitting fuels by 2032 and must use the most efficient available turbines. 
51
 Id. 
52
 Id.   
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Both the PSC and DEP submitted comments in opposition to the proposed rules. In its response, the 
PSC noted that: 
 
As of 2021, nearly 70% of Florida’s electricity generation came from natural gas and nearly 10% from 
coal. In 2031, the combined share of natural gas- and coal-fired electricity is currently estimated to be 
close to 70%. Therefore, a significant percentage of the generation in Florida could be impacted by the 
Proposed Rule. The FPSC has concerns that the Proposed Rule will adversely affect the reliability and 
cost of electricity service in Florida.
53
 (footnotes omitted) 
 
Further, both the PSC and DEP noted that CCS and hydrogen co-firing have not been adequately 
demonstrated and that the proposed performance standards are not achievable by Florida’s power 
plant operators.
54
 DEP further commented: 
 
By prioritizing the use of unfounded technologies to force a reduction in readily available generation 
assets, the [EPA] places the reliability, affordability, and capacity of the nation’s energy supply at risk. 
This risk is especially concerning given Florida’s geographic position and natural susceptibility to 
hurricanes and natural disasters.
55
 
 
In its comments, the PSC asked that the EPA address these concerns by providing electric generating 
units (EGUs) with adequate timeframes and flexibility. The PSC stated that: 
 
[A] longer glide path for implementation would provide EGUs with adequate time to plan, invest, and 
optimize compliance measures, and it would facilitate a smoother integration of new technologies while 
enabling necessary infrastructure upgrades and a phased retirement or retrofitting of existing assets if 
required. This approach also avoids premature retirements that could result in stranded investments 
and potential reliability concerns. Moreover, a longer transition period would allow for additional 
development and deployment of advanced technologies, avoiding potential grid instability and ensuring 
the viability, scalability, and cost-effectiveness of emerging technologies before widespread 
implementation.
56
 
 
 Electrical Power Plant Retirements 
 
Current law does not require approval of a decision to retire an electrical power plant. Retirements 
generally occur when an electric utility is unable to economically operate or maintain the plant due to 
environmental, economic, or technical concerns.
57
 Planned retirements are reflected in annual, long-
term plans submitted by electric utilities to the PSC for preliminary study.
58
 
 
Restoration of Electrical Power after Natural Disasters 
 
As noted above, the PSC has jurisdiction over the planning, development, and maintenance of a 
coordinated electric power grid throughout Florida to assure an adequate and reliable source of energy 
                                                
53
 Comments of the Florida Public Service Commission, Aug. 3, 2023, U.S. EPA Docket No. EPA-HQ-OAR-2023-0072: 
New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil 
Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired 
Electric Generating Units; and Repeal of the Affordable Clean Energy Rule. 
54
 Id. See also Comments by the Florida Department of Environmental Protection (DEP Comments), Aug. 8, 2023, U.S. 
EPA Docket No. EPA-HQ-OAR-2023-0072: New Source Performance Standards for Greenhouse Gas Emissions From 
New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas 
Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule. 
55
 Id.. 
56
 FPSC Comments, supra note 53. 
57
 FPSC, supra note 3, at 37. 
58
 See, generally, s. 186.801, F.S., requiring electric utilities to submit “10-year site plans” to the PSC for a preliminary 
study and specifying the topics to be addressed in the PSC’s preliminary study.   
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for operational and emergency purposes. Florida law requires that all electric utilities take steps to 
minimize major outage events through the hardening of the electric power grid against damage from 
natural disasters, particularly the tropical cyclones to which the state is vulnerable, subject to PSC 
oversight. For example, each public electric utility (i.e., investor-owned electric utility, or IOU) is 
required to submit to the PSC a storm protection plan at least every three years to explain the 
systematic approach that the utility will follow to achieve the objectives of reducing restoration costs 
and outage times associated with extreme weather events and enhancing reliability.
59
 Similarly, each 
electric cooperative and municipal electric utility is required to submit to the PSC a report every three 
years of its construction standards, facility inspection practices, and vegetation management (e.g., tree 
trimming) practices aimed at mitigating power outages.
60
 In addition, immediately before the start of 
each tropical cyclone season, the PSC conducts a storm preparedness workshop to hear utility 
preparedness plans, including efforts by utilities to coordinate responses to potential storms with state 
and local authorities.  
 
Despite these efforts, tropical cyclones inevitably cause damage to Florida’s electric power grid, 
resulting in power outages. Accordingly, Florida’s electric utilities generally participate in mutual aid 
arrangements that provide for utilities to share resources to assist in restoring power after major outage 
events. Florida law does not explicitly require utilities to participate in mutual aid agreements. 
 
Many mutual aid agreements among IOUs, including Florida’s IOUs, are managed by Regional Mutual 
Assistance Groups (RMAGs). RMAGs facilitate the process of identifying available restoration workers 
and help coordinate the logistics to help with restoration efforts.
61
 IOUs that are in RMAGs follow 
guidelines established by the Edison Electric Institute (EEI) and establish additional guidelines that aid 
in communications and rapid mobilization and response.
62
 
 
The American Public Power Association (APPA), together with state and regional utilities and 
organizations, coordinate a mutual aid network for the nation’s public power utilities (i.e., municipal 
electric utilities). These utilities have local, state, and regional contracts and agreements for mutual aid, 
and there is a national mutual aid agreement with over 2,000 municipal electric utilities and electric 
cooperatives. Florida’s electric cooperatives sign mutual aid agreements through the National Rural 
Electric Cooperatives Association (NRECA). These mutual aid agreements include more than 800 
cooperatives in Florida, the Southeast, and across the U.S.
63
 
 
Natural Gas Infrastructure 
 
Natural gas is transported to Florida consumers via three major interstate pipelines: Florida Gas 
Transmission Company (3.2 billion cubic feet, or bcf, per day), Gulfstream Natural Gas System (1.4 bcf 
per day), and Sabal Trail Interstate Pipeline (1.1 bcf per day). Florida also receive natural gas from two 
minor interstate pipelines: Gulf South Pipeline Company reaches into northwest Florida, and Southern 
Natural Gas reaches into north Florida.
64
 Companies seeking to build interstate natural gas pipelines 
must obtain certificates of public convenience and necessity issued by the Federal Energy Regulatory  
Commission (FERC). FERC considers both economic and environmental factors in its review.
65
 
 
                                                
59
 S. 366.96, F.S. 
60
 R. 25-6.0343, F.A.C. 
61
 See FPSC, Review of Florida’s Electric Utility Hurricane Preparedness and Restoration Actions 2018, at 24-25, 
available at https://www.floridapsc.com/pscfiles/website-
files/PDF/Publications/Reports/ElectricGas//UtilityHurricanePreparednessRestorationActions2018.pdf (last visited Feb. 15, 
2024) 
62
 Id. 
63
 Id. 
64
 FPSC, supra note 5, at 13 and 17. 
65
 See Congressional Research Service, Interstate Natural Gas Pipeline Siting: FERC Policy and Issues for Congress, 
Jun. 9, 2024, available at https://crsreports.congress.gov/product/pdf/R/R45239 (last visited Jan. 23, 2024).   
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Construction and operation of intrastate natural gas pipelines generally require approval through a 
process similar to the PPSA and TLSA processes. The Natural Gas Transmission Pipeline Siting Act 
(NGTPSA)
66
 is the state’s process for licensing the construction and operation of such pipelines within 
Florida.
67
 The NGTPSA provides a centralized and coordinated permitting process for the location of 
natural gas transmission pipeline corridors and the construction and maintenance of natural gas 
transmission pipelines in Florida.
68
  
 
An intrastate natural gas pipeline does not require certification if the pipeline: 
 Is less than 15 miles long or does not cross a county line;
69
 
 Has been issued a certificate of public convenience and necessity by FERC under s. 7 of the 
Natural Gas Act;
70
 
 Has been certified as an associated facility to an electrical power plant pursuant to the Florida 
Electrical Power Plant Siting Act;
71
 or 
 Is owned or operated by a municipality or an agency thereof, by any person primarily for the 
local distribution of natural gas, or by a special district created by special act to distribute natural 
gas.
72
 
 
These exceptions do not preclude an applicant from applying for certification under the NGTPSA.
73
 
 
The U.S. Department of Transportation/Pipeline and Hazardous Materials Safety Administration 
(PHMSA) implements federal pipeline safety standards for interstate and intrastate gas pipelines, 
hazardous liquid pipelines, and underground natural gas storage under the Pipeline Safety Act.
74
 The 
Pipeline Safety Act authorizes state assumption of the intrastate regulatory, inspection, and 
enforcement responsibilities subject to an annual certification with PHMSA.
75
 State agencies must 
adopt standards that comply with the Pipeline Safety Act to qualify for certification. 
 
In Florida, The Gas Safety Law of 1967 authorizes the PSC to regulate the safe transmission and 
distribution of natural gas in Florida.
76
 The Gas Safety Law grants the PSC exclusive jurisdiction over 
“all persons, corporations, partnerships, associations, public agencies, municipalities, or other legal 
entities engaged in the operation of gas transmission or distribution facilities with respect to their 
compliance with the rules and regulations governing safety standards.”
77
 Under this authority, the PSC 
promulgates rules covering the design, improvement, fabrication, installation, inspection, repair, 
reporting, testing, and safety standards of gas transmission and gas distribution systems.
78
 The PSC is 
currently the state agency certified by PHMSA to inspect and enforce intrastate gas pipelines.
79
 
 
Land Development Regulations and Comprehensive Plans 
 
Under the Community Planning Act, local governments manage local growth through comprehensive 
plans enforced by local land use ordinances.
80
  The Act prescribes certain principles, guidelines,  
                                                
66
 Ss. 403.9401-403.9425, F.S. 
67
 Florida Department of Environmental Protection, Natural Gas Pipeline Siting Act (July 27, 2022), 
https://floridadep.gov/water/siting-coordination-office/content/natural-gas-pipeline-siting-act (last visited Jan. 18, 2024). 
68
 S. 403.9402, F.S. 
69
 S. 403.9405(2)(a), F.S. 
70
 S. 403.9405(2)(b), F.S. 
71
 S. 403.9405(2)(b), F.S. 
72
 S. 403.9405(2)(c), F.S. 
73
 S. 403.9405(2)(a)-(c), F.S. 
74
 See 49 U.S.C. §§ 60102-60143. 
75
 49 U.S.C. §§ 60105(e), 60106(d). 
76
 S. 368.01-061, F.S. 
77
 S. 368.05(1), F.S.; see also S. 368.021, F.S. (providing more entities subject to PSC jurisdiction). 
78
 See ch. 25-12, F.A.C. 
79
 Florida Public Service Commission, Agency Analysis of 2023 House Bill 81, p. 2 (October 26, 2023). 
80
 S. 163.3167(1)(b), F.S.   
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standards, and strategies to allow for an orderly and balanced future land development
81
 and outlines 
the required and optional elements of a comprehensive plan.
82
 Local governments are directed to 
create and adopt comprehensive plans which are sensitive to private property rights, have no undue 
restrictions, and leave property owners free from government action that would harm their property or 
constitute an inordinate burden on their property rights.
83
  
 
Effect of the Bill 
 
Electrical Power Plant Siting 
 
The bill defines the term “gross capacity” for purposes of determining applicability of the PPSA to steam 
and solar electrical generating facilities. 
 
For a steam facility, the bill provides that gross capacity means “the maximum generating capacity 
based on the nameplate generator rating,” which is consistent with long-standing practice. 
 
For a solar facility, the bill provides that gross capacity means “the capacity measured as alternating 
current which is independently metered prior to the point of interconnection to the transmission grid.”
84
 
This may allow the development of solar electrical generating facilities with a capacity of 75 MW or 
greater (when measured in alternating current) without review under the PPSA, as those facilities may 
be electrically divided such that the capacity of each individually metered portion is less than 75 MW. 
Such facilities would remain subject to otherwise required local permitting. 
 
Electrical Power Plant Retirements 
 
The bill requires the PSC review to certain electrical power plant retirements that occur before the 
otherwise expected retirement date. Specifically, the bill requires a public utility
85
 to notify the PSC at 
least 90 days before the full retirement of an electrical power plant if the retirement date does not 
coincide with the retirement date specified in the utility’s most recently approved depreciation study.
86
 
Under the bill, the PSC may schedule a hearing no later than 90 days after receiving such notice to 
determine whether retirement of the plant is prudent and consistent with the energy policy goals 
established in the bill. At the hearing, the public utility must present the following: 
 The proposed retirement date for the plant; 
 Remaining depreciation expense on the plant; 
 Any other costs to be recovered in relation to the plant; and 
 Any planned replacement capacity. 
 
Restoration of Electrical Power after Natural Disasters 
 
The bill requires all electric cooperative and municipal electric utilities to maintain at least one mutual 
aid agreement with a municipal, cooperative, or investor-owned utility, or a pre-event agreement with a 
private contractor, for purposes of restoring power following a natural disaster subject to a state of 
emergency declared by the Governor. The bill requires each electric cooperative and municipal electric 
                                                
81
 S. 163.3167(2), F.S. 
82
 S. 163.3177, F.S. 
83
 S. 163.3161(10), F.S. Specifically, such plans  
84
 Electricity produced from solar facilities must be converted from direct current (DC), which is what a solar panel 
generates, to alternating current (AC), which is what the electric grid uses. U.S. DOE, Office of Energy Efficiency & 
Renewable Energy, Solar Integration: Inverters and Grid Services Basics, https://www.energy.gov/eere/solar/solar-
integration-inverters-and-grid-services-basics (last visited Mar. 8, 2024). This conversion results in some power losses; 
thus, the AC capacity of a solar facility is lower than its DC capacity. 
85
 For purposes of this provision, a public utility is an investor-owned electric utility regulated by the PSC. See s. 
366.02(8), F.S. (excluding cooperatives and municipal utilities from the definition of “public utility”). 
86
 By rule, each public utility must file for PSC review a depreciation study for each category of depreciable property at 
least once every four years or as otherwise required by order of the PSC. R. 25-6.0436, F.A.C.   
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utility to submit, by May 15 each year, an attestation to the PSC that it has complied with this 
requirement. The attestation must conform to s. 92.525, F.S., which establishes the manner in which a 
document may be verified for evidentiary purposes. The bill requires the PSC to compile these 
attestations and submit copies to the Department of Emergency Management by May 30 each year. 
 
The bill provides that an electric cooperative or municipal electric utility that submits the required 
attestation is eligible to receive available state financial assistance for power restoration efforts. Failure 
to submit the required attestation precludes eligibility for such financial assistance until attestation is 
submitted. The bill specifies that it may not be construed to prohibit, limit, or disqualify any electric 
cooperative or municipal electric utility from receiving funding under The Stafford Act
87
 or any other 
federal program, including programs administered by the state. 
 
The bill specifies that it may not be construed to give the PSC jurisdiction over the terms and conditions 
of mutual aid agreements or pre-event agreements. Further, the bill specifies that it does not expand or 
alter the jurisdiction of the PSC over electric utilities. 
 
Intrastate Natural Gas Pipeline Permitting 
 
The bill increases the minimum length of an intrastate natural gas pipeline that requires certification 
under the NGTPSA from 15 miles to 100 miles. A natural gas transmission pipeline company may still 
obtain certification under the NGTPSA if it chooses to do so. 
 
Land Development Regulations and Comprehensive Plans for Certain Natural Gas Facilities 
 
The bill defines the term “resiliency facility” as a facility owned and operated by a public utility for the 
purposes of assembling, creating, holding, securing, or deploying natural gas reserves for temporary 
use during a system outage or natural disaster. Under the bill, “natural gas reserve” means a facility 
that is capable of storing and transporting and, when operational, actively stores and transports a 
supply of natural gas. 
 
The bills states that a resiliency facility is a permitted use in all commercial, industrial, and 
manufacturing land use categories in a local government comprehensive plan and in all commercial, 
industrial, and manufacturing districts. 
 
Under the bill, a resiliency facility must comply with the setback and landscape criteria for other similar 
uses. As long as buffer and landscaping requirements do not exceed the requirements for similar uses 
in commercial, industrial, and manufacturing land use categories and zoning districts, a local 
government may adopt an ordinance specifying such requirements for resiliency facilities.  
 
The bill provides that after July 1, 2024, a local government may not amend its comprehensive plan, 
land use map, zoning districts, or land development regulations in a way that would conflict with a 
resiliency facility’s classification as a permitted and allowable use, including, but not limited to, a 
nonconforming use, structure, or development. 
 
Security and Resiliency of Electric and Natural Gas Infrastructure 
 
The bill requires the PSC to coordinate, develop, and recommend a plan under which an assessment of 
the security and resiliency of the state's electric grid and natural gas facilities against both physical 
threats and cyber threats may be conducted. The bill requires the PSC to consult with the Division of 
Emergency Management and the Florida Digital Service. The bill provides that all electric utilities, 
natural gas utilities, and natural gas pipelines operating in this state must cooperate with the PSC in 
                                                
87
 The Robert T. Stafford Disaster Relief and Emergency Assistance Act (The Stafford Act) is codified at 42 U.S.C. 5121 
et seq. and constitutes the statutory authority for most federal disaster response activities especially as they pertain to 
programs of the Federal Emergency Management Agency (FEMA).   
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developing the plan. The bill requires that the plan must address the manner in which information 
needed to conduct a security and resiliency assessment may be communicated, collected, shared, 
stored, and adequately protected from disclosure to avoid adverse impacts on the safe and reliable 
operation of the state's electric grid and natural gas facilities. 
 
The bill requires the PSC, by July 1, 2025, to submit its recommended plan to the Governor, the 
President of the Senate, and the Speaker of the House of Representatives. The plan must include any 
recommendations for legislation and may include other recommendations as determined by the PSC. 
 
Provision of EV Charging Programs by Public Utilities 
 
Present Situation 
 
Florida law does not specifically address the provision of electric vehicle (EV) charging programs by 
public electric utilities. However, with the growing adoption of EVs, public electric utilities in the state 
have begun to offer EV charging services through their own public charging equipment, charging 
equipment at customer premises, or both under programs approved by the PSC. The PSC summarizes 
these programs as follows:
88
 
 
In 2017, as part of Duke Energy Florida’s (DEF) rate case settlement agreement, the Commission 
approved a five-year EV Charging Pilot Program that allowed DEF to invest $8 million to install and own 
a minimum of 530 charging ports. In 2021, the Commission approved a new settlement agreement that 
requested approval of a permanent EV charging station program. DEF forecasted the cost to be $62.9 
million over the four-year period 2022-2025. Reasonable costs of the programs will be recovered in rate 
base. 
 
In 2019, Florida Power & Light (FPL) began a three year pilot program, known as EVolution, which 
targeted the installation of 1,000 charging ports. In 2020, the Commission approved a new tariff for FPL 
with specific EV charging rates for both utility-owned and non-utility owned charging stations. During its 
2021 rate case, FPL filed a settlement agreement with parties that contained provisions expanding 
FPL’s current EV charging pilot program. The Commission approved FPL’s expanded EV pilot 
programs as a component of the rate case settlement agreement. The total investment is forecast to be 
$175 million over the four-year period 2022-2025. Under the terms of the settlement agreement, FPL is 
authorized to recover the costs associated with the EV programs in rate base.  
 
In April 2021, the Commission approved Tampa Electric Company’s (TECO) EV charging pilot 
program, under which TECO will spend up to $2 million to purchase, install, own, and maintain 200 EV 
charging stations. The pilot program will run for four years after the deployment of charging stations is 
complete. TECO was authorized to begin recovery of pilot program costs in rate base. 
 
Effect of the Bill 
 
The bill authorizes the PSC, upon petition of a public electric utility, to approve voluntary EV charging 
programs to become effective on or after January 1, 2025. Such programs may include, but are not 
limited to, residential, fleet, and public EV charging. The PSC may approve such a program if it 
determines that the utility’s general body of ratepayers, as a whole, will not pay to support recovery of 
the utility’s EV charging investment by the end of the useful life of the assets dedicated to the EV 
charging service. The bill provides that it does not preclude cost recovery for EV charging programs 
approved by the PSC before January 1, 2024. 
 
                                                
88
 Florida Public Service Commission, Agency Analysis of 2024 Committee Substitute for House Bill 1645, p. 2 (Feb. 12, 
2024).   
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Relocation of Utility Facilities 
 
Present Situation 
 
Under current law, utilities bear the cost of relocating utility facilities placed upon, under, over, or within 
the right-of-way limits of any public road or publicly owned rail corridor which is found by the authority
89
 
to be unreasonably interfering in any way with the convenient, safe, or continuous use, or the 
maintenance, improvement, extension, or expansion, of such public road or publicly owned rail corridor. 
Utility owners, upon 30 days’ notice, must eliminate the unreasonable interference within a reasonable 
time or an agreed time, at their own expense.
90
 These requirements apply even if the utility facility is 
within a public utility easement and the utility has a franchise agreement with the authority,  
absent some other agreement to the contrary regarding costs of relocation.
91
 These costs are 
recovered by public utilities through base rates approved by the PSC. 
 
Effect of the Bill 
 
The bill authorizes natural gas public utilities to petition the PSC to annually recover prudently incurred 
costs to relocate natural gas facilities
92
 to accommodate requirements imposed by DOT and local 
government entities.
93
 The bill allows each utility to recover such costs through a charge separate and 
apart from base rates, referred to in the bill as the natural gas facilities relocation cost recovery clause. 
Such costs may not include any costs that the utility recovers through its base rates.  
 
The bill requires the PSC to establish an annual proceeding to review these petitions. This review is 
limited to: 
 Determining the prudence of the utility’s actual incurred natural gas facilities relocation costs; 
 Determining the reasonableness of the utility’s projected natural gas facilities relocation costs 
for the next calendar year; and 
 Providing for a true-up of the costs with the projections on which past cost recovery charges 
were set. 
 
Any refund or collection made pursuant to the true-up process must include applicable interest. 
 
The bill requires that all costs approved pursuant to this clause be allocated to customer classes 
pursuant to the rate design most recently approved by the PSC. If a capital expenditure is recoverable 
as a natural gas facilities relocation cost, the public utility may recover the annual depreciation on the 
cost, calculated at the public utility’s current approved depreciation rates, and a return on the 
undepreciated balance of the costs at the public utility’s weighted average cost of capital using the last 
approved return on equity. 
 
The bill requires the PSC to adopt implementing rules as soon as practicable. 
 
Energy Guidelines for Public Business 
 
Present Situation 
 
                                                
89
 As used in ss. 337.401-337.404, F.S., “the authority” means DOT and local government entities. S. 337.401(1)(a), F.S 
90
 S. 337.403(1)(a)-(j), F.S., provides exceptions. 
91
 Lee County Electric Coop., Inc. v. City of Cape Coral, 159 So. 3d 126, 130 (Fla. 2d DCA 2014). 
92
 The bill defines natural gas facilities as gas mains, laterals, and service lines used to distribute natural gas to 
customers. The term also includes all ancillary equipment needed for safe operations, including, but not limited to, 
regulating stations, meters, other measuring devices, regulators, and pressure monitoring equipment. 
93
 The bill defines these costs as the costs to relocate or reconstruct facilities as required by a mandate, a statute, a law, 
an ordinance, or an agreement between the utility and an authority, including, but not limited to, costs associated with 
reviewing plans provided by an authority.   
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Current law requires state agencies to follow specified guidelines to promote energy efficiency and 
other environmental benefits when conducting public business.
94
 Such guidelines require state 
agencies to: 
 Consult the Florida Climate-Friendly Preferred Products List
95,96
 when procuring products from 
state term contracts
97
 and procuring such products if the price is comparable;
98
 
 Contract for meeting and conference space only with facilities that have received the “Green 
Lodging” designation from DEP for best practices in water, energy, and wastewater efficiency 
standards, absent a determination from the agency head that no other viable alternative 
exists;
99
 
 Ensure all maintained vehicles meet minimum maintenance schedules shown to reduce fuel 
consumption and reporting compliance to the Department of Management Services (DMS);
100
 
and 
 Use ethanol and biodiesel blended fuels when available. State agencies administering central 
fueling operations for state-owned vehicles must procure biofuels for fleet needs to the greatest 
extent practicable.
101
 
 
Additionally, when procuring new vehicles, state agencies, state universities, community colleges, and 
local governments that purchase vehicles under a state purchasing plan must first define the intended 
purpose for the vehicle and determine which statutorily listed use class
102
 the vehicle is being procured 
for. These vehicles must be selected based on the greatest fuel efficiency available for the appropriate 
use class when fuel economy data is available. Exceptions may be made for emergency response 
vehicles in certain circumstances.
103
 
 
Effect of the Bill 
 
Under the bill, DMS is no longer required to maintain the Florida Climate-Friendly Preferred Products 
List, and state agencies are no longer required to consult the list when procuring products from state 
term contracts.  
 
The bill repeals the requirement that state agencies contract for meeting and conference space only 
with hotels or conference facilities that have received the “Green Lodging” designation.  
 
Under the bill, state agencies, local governments, state universities, and community colleges procuring 
a new vehicle no longer have to select each vehicle based on the greatest fuel efficiency available for 
the use class.  
                                                
94
 S. 286.29, F.S. 
95
 The Florida Climate-Friendly Preferred Products List is developed by the Department of Management Services (DMS), 
which works with the Department of Environmental Protection to continually assess the list. The list identifies specific 
products and vendors that offer energy efficiency or other environmental benefits over competing products. See s. 
286.29(1), F.S. 
96
 The Florida Climate-Friendly Preferred Products List was last updated in January of 2021 and contains 12 
recommended products, which all are categorized as either hand sanitizer or cleaning supplies. See Florida Climate-
Friendly Preferred Products List, Department of Management Services (Jan. 2021), 
https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_agreements/florida_climate-
friendly_preferred_products_list (last visited Jan. 12, 2024).  
97
 A state term contract is a contract for commodities or contractual services that is competitively procured by DMS and is 
used by agencies and other eligible users. See ss. 287.012(28), F.S. and 287.042(2)(a), F.S 
98
 S. 286.29(1), F.S. 
99
 S. 286.29(2), F.S.  
100
 S. 286.29(3), F.S. 
101
 S. 286.29(5), F.S. 
102
 Vehicle use classes include: state business travel, designated operator; state business travel, pool operators; 
construction, agricultural, or maintenance work; conveyance of passengers; conveyance of building or maintenance 
materials and supplies; off-road vehicle, motorcycle, or all-terrain vehicle; emergency response; or other. S. 286.29(4), 
F.S. 
103
 S. 286.29(4), F.S.   
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Energy Grant Programs 
 
Present Situation 
 
Renewable Energy and Energy-Efficient Technologies Grant Program 
 
The Renewable Energy and Energy-Efficient Technologies (REET) Grant Program is established within 
DACS to provide matching grants for demonstration, commercialization, research, and development 
projects relating to renewable energy technologies and innovative technologies that significantly 
increase energy efficiency for vehicles and commercial buildings.
104
 The REET program is no longer 
active.
105
  
 
Florida Green Government Grants Act 
 
DACS also administers the Florida Green Government Grants Act.
106
 DACS is directed to adopt rules 
and come up with green government standards that provide for cost-efficient solutions, reducing 
greenhouse gas emissions, improving quality of life, and strengthening the state’s economy.
107
 DACS 
must administer the program to assist local governments, including municipalities, counties, and school 
districts in the development and implementation of programs that achieve green standards.
108
 The 
Florida Green Government Grants program is no longer active.
109
 
 
Energy Economic Zone Pilot Program 
 
In 2009, the Legislature authorized the creation of the Energy Economic Zone Pilot Program for the 
purpose of developing a model area that incorporates energy-efficient land-use patterns, cultivates 
green economic development, encourages the generation of renewable electric energy, and promotes 
the manufacturing of “green” products and jobs.
110
 Florida law directs the Department of Commerce,
111
 
in consultation with the Department of Transportation to implement the program.
112
 The local governing 
body over each designated pilot energy economic zone is responsible for allocating state credits, 
refunds, and exemptions up to a maximum of $300,000 per a fiscal year.
113
 The last of the program’s 
credits were given to a taxpayer in 2015, and there are no outstanding taxpayer carryovers of unused 
credits.
114
  
 
Qualified Energy Conservation Bond Allocation 
 
Qualified Energy Conservation Bonds (QECBs) are taxable bonds that are issued by state or local 
governments to finance one or more qualified energy conservation purpose. QCEBs are federally 
funded, with Congress first authorizing the program in 2008. Examples of qualified projects include 
energy efficiency capital expenditures in public buildings, green communities, renewable energy 
                                                
104
 S. 377.804, F.S. 
105
 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer 
Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024).  
106
 S. 377.808, F.S. 
107
 S. 377.808(2), F.S. 
108
 Id.  
109
 Email from Isabelle Garbarino, Director of Legislative Affairs, Florida Department of Agriculture and Consumer 
Services, RE: [External]RE: Question about grants programs (Jan. 22, 2024). 
110
 S. 377.809(1), F.S. 
111
 In 2023, the Department of Economic Opportunity was renamed as the Department of Commerce. See Chapter 2023-
173, Laws of Fla. 
112
 S. 377.809(1), F.S. 
113
 Department of Revenue, Agency Analysis of 2024 House Bill 1645, p. 2 (Jan. 31, 2024). 
114
 Id.    
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production, and energy efficiency education campaigns.
115
 Current law authorizes DACS to establish an 
allocation program for Florida’s QCEB allocation in accordance with federal law.
116
 
 
Effect of the Bill 
 
The bill repeals the REET Grant Program, the Florida Green Government Grants Act, the Energy 
Economic Zone Pilot Program, and all provisions related to Qualified Energy Conservation Bonds.  
 
Under the bill, no new applications, certifications, or allocations may be approved; no new letters of 
certification may be issued; no new contracts or agreements may be executed; and no new awards 
may be made for the repealed programs. All certifications or allocations issued under such programs 
are rescinded except for the certifications of, or allocations to, those certified applicants or projects that 
continue to meet the applicable criteria in effect before July 1, 2024. Any existing contract or agreement 
authorized under any of these programs shall continue in full force and effect in accordance with the 
statutory requirements in effect when the contract or agreement was executed or last modified. 
However, further modifications, extensions, or waivers may not be made or granted relating to such 
contracts or agreements, except computations by the Department of Revenue of the income generated 
by or arising out of the qualifying project. 
 
Consumer Choice of Energy Resources 
 
Present Situation 
 
Community Development Districts 
 
Community development districts (CDDs) are a type of independent special district intended to provide 
urban community services in a cost-effective manner by managing and financing the delivery of basic 
services and capital infrastructure to developing communities without overburdening other governments 
and their taxpayers.
117
 As of January 18, 2024, there were 961 active CDDs in Florida.
118
 
 
Each CDD is governed by a five-member board elected by the landowners of the district on a one-acre, 
one-vote basis.
119
 Board members serve four-year terms, except some initial board members serve a 
two-year term for the purpose of creating staggered terms.
120
 After the sixth year (for districts of up to 
5,000 acres) or the 10th year (for districts exceeding 5,000 acres or for a compact, urban, mixed-use 
district
121
) following the CDD’s creation, each member of the board is subject to election by the electors 
of the district at the conclusion of their term. However, this transition does not occur if the district has 
fewer than 250 qualified electors (for districts of up to 5,000 acres) or 500 qualified electors (for districts 
exceeding 5,000 acres or for a compact, urban, mixed-use district).
122
 
 
Homeowners’ Associations 
 
                                                
115
 Kelly Smith Burk, Florida Department of Agriculture and Consumer Services, Qualified Energy Efficiency Conservation 
Bonds (QCEB) Formula Allocations to Large Local Jurisdiction (Apr. 23, 2015), 
https://ccmedia.fdacs.gov/content/download/60128/file/FDACS%27_Memorandum_regarding_Qualified_Energy_Conserv
ation_Bond_Formula_Allocations_to_Large_Local_Governments.pdf (last visited Jan. 25, 2024).  
116
 S. 377.816, F.S. 
117
 S. 190.002(1)(a), F.S. 
118
 Dept. of Commerce, Special District Accountability Program, Official List of Special Districts, available at 
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited Jan. 26, 2024). 
119
 S. 190.006(2), F.S. 
120
 S. 190.006(1), F.S. 
121
 S. 190.006(3)(a)2.a., F.S. A “compact, urban, mixed-use district” is a district located within a municipality and a CRA 
that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retail 
development and 500 residential units. S, 190.003(7), F.S. 
122
 S. 190.006(3)(a)2.b., F.S.   
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A homeowners’ association (HOA) is an association of residential property owners in which voting 
membership is made up of parcel owners and membership is a mandatory condition of parcel 
ownership. HOAs are authorized to impose assessments that, if unpaid, may become a lien on the 
parcel.
123
  
 
Only HOAs whose covenants and restrictions include mandatory assessments are regulated under 
chapter 720, F.S., the Homeowners’ Association Act (HOA Act). An HOA is administered by an elected 
board of directors (board). The powers and duties of an HOA include the powers and duties provided in 
the HOA Act and in the association’s governing documents, which include the recorded covenants and 
restrictions, together with the bylaws, articles of incorporation, and duly adopted amendments to those 
documents.
124
  
 
An HOA must be a Florida corporation, and the initial governing documents must be recorded in the 
official records of the county in which the community is located. The powers and duties of an 
association include those set forth in the HOA Act and in the governing documents, except as expressly 
limited or restricted in the HOA Act.  
 
HOA governing documents may not: 
 Prohibit a homeowner from displaying up to two portable, removable flags in a respectful 
manner, consistent with the requirements for the United States flag.
125
 
 Prohibit any property owner from implementing Florida-friendly landscaping
126
 on his or her land 
or create any requirement or limitation in conflict with any provision of part II of Chapter 373, 
F.S., regarding consumptive uses of water or a water shortages order.
127
 
 Prohibit solar collectors, clotheslines, or other energy devices based on renewable resources 
from being installed on buildings erected on the lots or parcels covered by the deed restriction, 
covenant, declaration, or binding agreement.
128
 
 
Additionally, HOAs may not restrict the installation, display, and storage of any items on a parcel that 
are not visible from the parcel’s frontage or an adjacent parcel, unless the item is prohibited by general 
law or local ordinance. Such items include, but are not limited to:
129
 
 Artificial turf. 
 Boats. 
 Flags. 
 Recreational vehicles. 
 
Effect of the Bill 
 
Prohibition of CDD Energy Use Restrictions 
 
The bill provides that development district resolutions, ordinances, rules, codes, or policies, may not 
take any action that restricts or prohibits, or has the effect of restricting or prohibiting, certain types or 
fuel sources of energy production which may be used, delivered, converted, or supplied by the following 
entities to serve customers that these entities are authorized to serve: 
                                                
123
 S. 720.301(9), F.S. 
124
 See generally ch. 720, F.S. 
125
 S. 720.3075(3), F.S. 
126
 Section 373.185, F.S., defines “Florida-friendly landscaping” as quality landscapes that conserve water, protect the 
environment, are adaptable to local conditions, and are drought tolerant. The principles of such landscaping include 
planting the right plant in the right place, efficient watering, appropriate fertilization, mulching, attraction of wildlife, 
responsible management of yard pests, recycling yard waste, reduction of stormwater runoff, and waterfront protection. 
Additional components include practices such as landscape planning and design, soil analysis, the appropriate use of 
solid waste compost, minimizing the use of irrigation, and proper maintenance. 
127
 S. 720.3075(4), F.S. 
128
 S. 163.04(2), F.S. 
129
 S. 720.3045, F.S.   
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 Investor-owned electric utilities;  
 Municipal electric utilities;  
 Rural electric cooperatives;  
 Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;  
 Investor-owned gas utilities;  
 Gas districts;  
 Municipal natural gas utilities;  
 Natural gas transmission companies; and  
 Certain propane dealers, dispensers, and gas cylinder exchange operators. 
 
The bill also provides that development district resolutions, ordinances, rules, codes, or policies, may 
not take any action that restricts or prohibits, or have the effect of restricting or prohibiting, the use of 
any appliance,
130
 including a stove or grill, which uses the types or fuel source of energy production 
which may be used, delivered, converted, or supplied by the entities listed above.  
 
Prohibition of HOA Energy Use Restrictions 
 
The bill provides that HOA documents, including declarations of covenants, articles of incorporation, or 
bylaws, may not preclude the types or fuel sources of energy production which may be used, delivered, 
converted, or supplied by the following entities to customer within the HOA that these entities are 
authorized to serve: 
 Investor-owned electric utilities;  
 Municipal electric utilities;  
 Rural electric cooperatives;  
 Entities formed by interlocal agreement to generate, sell, and transmit electrical energy;  
 Investor-owned gas utilities;  
 Gas districts;  
 Municipal natural gas utilities;  
 Natural gas transmission companies; and  
 Certain propane dealers, dispensers, and gas cylinder exchange operators. 
 
The bill also provides that HOA declarations of covenants, articles of incorporation, or bylaws may not 
preclude, the use of any appliance,
131
 including a stove or grill, which uses the types or fuel source of 
energy production which may be used, delivered, converted, or supplied by the entities listed above.  
 
Wind Energy 
 
Present Situation 
 
Wind energy is a renewable form of power generated through the use of wind turbines, which convert 
the turning motion of blades, pushed by moving air, into electricity.
132
 The turning blades of a wind 
turbine spin a generator just downwind from the blades to produce the electric energy.
133
 Wind turbines 
can be installed both on land and offshore, taking advantage of the wind currents across the United 
States and along its coasts.
134
 
  
                                                
130
 The bill defines the term “appliance” as a device or apparatus manufactured and designed to use energy and for which 
the Florida Building Code or the Florida Fire Prevention Code provides specific requirements. 
131
 The bill defines the term “appliance” as a device or apparatus manufactured and designed to use energy and for which 
the Florida Building Code or the Florida Fire Prevention Code provides specific requirements. 
132
 U.S. Department of Energy, What is Wind Power?, https://windexchange.energy.gov/what-is-wind (last visited Feb. 15, 
2024).   
133
 Id.  
134
 Id.    
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Wind turbines are growing taller because, generally, more energy can be produced from larger wind 
turbines.
135
 The average hub height
136
 for offshore wind turbines in the United States is projected to 
increase from 100 meters in 2016 to about 150 meters by 2035.
137
  
 
Areas with annual average wind speeds of at least 6.5 meters per second at a height of 80 meters 
generally have suitable winds to support wind energy development.
138
 States in the southeastern 
United States, including Florida, comprise a low-wind zone.
139
 In the majority of the state, the average 
annual wind speed at 80-meters does not exceed 5.5 meters per second.
140
 Florida does not have any 
significant wind energy resources, onshore or offshore, and the state has no utility-scale wind-powered 
generating capacity.
141
 As of December 31, 2022, the PSC reported that 14 customer-owned wind 
turbines, with a total gross power rating of 187 kilowatts, were interconnected to the electric power grid 
through net metering programs.
142
 Potential off-grid uses of small-scale wind turbines in the state, 
including uses for remote properties, private boats, and agriculture, are not fully reported.
143
 
 
Effect of the Bill 
 
The bill provides the following definitions in relation to wind energy: 
 
 "Coastline" means the established line of mean high water. 
 “Offshore wind energy facility" means any wind energy facility located on waters of this state, 
including other buildings, structures, vessels, or electrical transmission cabling to be sited on 
waters of this state, or connected to corresponding onshore substations that are used to support 
the operation of one or more wind turbines sited or constructed on waters of this state and any 
submerged lands or territorial waters that are not under the jurisdiction of the state. 
 “Real property” means land, buildings, fixtures, and all other improvements to land. The terms 
“land,” “real estate,” “realty,” and “real property” may be used interchangeably. 
 “Vessel” is synonymous with boat, as referenced in article VII, section 1 of the Florida 
Constitution, and includes every description of watercraft, barge, and airboat, other than a 
seaplane on the water, used or capable of being used as a means of transportation on water. 
 "Waters of this state" means any navigable waters of the United States within the territorial 
limits of this state, the marginal sea adjacent to this state and the high seas when navigated as 
a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, 
canals and submerged lands under the jurisdiction of this state. 
                                                
135
 Id.  
136
 The hub height is the distance from the ground to the middle of the turbine’s rotor. U.S. Department of Energy, Wind 
Turbines: The Bigger, the Better, https://www.energy.gov/eere/articles/wind-turbines-bigger-better (last visited Feb. 15, 
2024).  
137
 Id.  
138
 U.S. Department of Energy, U.S. Average Annual Wind Speed at 80 Meters, https://windexchange.energy.gov/maps-
data/319 (last visited Feb. 15, 2024).  
139
 Gary White, Polk couple betting on the breeze builds wind turbine — 1st known residential use in Florida, The Ledger 
(Jul, 2, 2019), https://www.theledger.com/story/news/local/2019/07/02/polk-couple-betting-on-breeze-builds-wind-turbine-
1st-known-residential-use-in-florida/4775623007/ (last visited Feb. 15, 2024).  
140
 U.S. Department of Energy, Florida 80-Meter Wind Resource Map, https://windexchange.energy.gov/maps-data/24 
(last visited Feb. 15, 2024).  
141
 U.S. Energy Information Administration, Florida State Profile and Energy Estimates, 
https://www.eia.gov/state/analysis.php?sid=FL#:~:text=Solar%20energy%20and%20biomass%20provide,generation%20
came%20from%20solar%20energy (last visited Feb. 16, 2024). 
142
 Florida Public Service Commission, Customer Owned Energy Renewable Energy System, 2022 Net Metering 
Summary Spreadsheet, https://www.floridapsc.com/pscfiles/website-
files/PDF/Utilities/Electricgas/CustomerRenewable/2022/2022%20Net%20Metering%20Summary%20Spreadsheet/2022
%20Net%20Metering%20Report.pdf (last visited Feb. 16, 2024). 
143
 For a general overview of non-utility scale wind energy uses, see U.S. Department of Energy (USDOE), Wind Energy 
Technologies Office, Who Uses Distributed Wind? (Aug. 12, 2019), https://www.energy.gov/eere/wind/articles/who-uses-
distributed-wind (last visited Feb. 16, 2024).   
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 "Wind energy facility" means an electrical wind generation facility or expansion thereof 
comprised of one or more wind turbines and including substations; meteorological data towers; 
aboveground, underground, and electrical transmission lines; and transformers, control 
systems, and other buildings or structures under common ownership or operating control used 
to support the operation of the facility the primary purpose of which is to offer electricity supply 
for sale. 
 "Wind turbine" means a device or apparatus that has the capability to convert kinetic wind 
energy into rotational energy that drives an electrical generator consisting of a tower body and 
rotator with two or more blades and capable of producing more than 10 kilowatts of electrical 
power. The term includes both horizontal and vertical axis turbines. The term does not include 
devices used to measure wind speed and direction, such as an anemometer.  
 
The bill prohibits the construction or expansion of an offshore wind energy facility in Florida. The bill 
also prohibits the construction or expansion of a wind turbine on real property within 1 mile of coastline, 
within 1 mile of the Atlantic or Gulf Intracoastal Waterway, on waters of the state, and on any 
submerged lands. The bill authorizes DEP to bring an action for injunctive relief against any person who 
constructs or expands an offshore wind energy facility or a wind turbine in violation of the provisions of 
the bill. The bill specifically exempts wind turbines installed before July 1, 2024, and wind turbines 
affixed directly to a vessel for the purpose of providing power to onboard electronic equipment. 
 
Under the bill, DEP must review all applications for federal wind energy leases in the territorial waters of 
the United States adjacent to waters of Florida, and shall signify its approval or objection to each 
application. 
 
Developing Energy Technologies 
 
Present Situation 
 
Nuclear Technologies 
 
Historically, nuclear power generation in the United States has relied on large light water reactors 
(LWRs) which were first commercialized in the 1950s.
144
 Following the passage of the 2005 Energy 
Policy Act, federal loan guarantees along with state financing mechanisms began to spur activity in 
nuclear reactor development throughout states.
145
 This activity slowed after public sentiment turned 
against nuclear power due to safety concerns related to the 2011 disaster at the Fukushima Daiichi 
nuclear plant in Japan and after the economics of power generation changed due to falling natural gas 
prices.
146
 However, there has been increasing interest in “advanced nuclear reactors”
147
 and “small 
modular reactors”
148
 recently.
149
 Advanced nuclear reactors are believed to improve upon earlier 
generations of reactors in areas of: cost, safety, security, waste management, and versatility.
150
 
 
                                                
144
 MARK HOLT, CONG. RSCH. SERV., R45706, ADVANCED NUCLEAR REACTORS: TECHNOLOGY OVERVIEW AND CURRENT ISSUES 
(2023) [hereinafter CRS Report, Advanced Nuclear Reactors]. 
145
 Daniel Shea, Nuclear Policy in the States: A National Review, Journal of Critical Infrastructure Policy, Fall/Winter 2023, 
at 14-15 [hereinafter Shea, Nuclear Policy in the States]. 
146
 Id. at 15. 
147
 An advanced nuclear reactor is a fission reactor “with significant improvements compared to reactors operating on the 
date of enactment” or a reactor using nuclear fusion. 42 U.S.C § 16271(b)(1). 
148
 Small modular reactors are a form of advanced nuclear reactor with an electric generating capacity of 300 MW. 
Advanced nuclear reactors can be configured into small modular reactors. CRS Report, Advanced Nuclear Reactors, 
supra note 144, at 3-4. 
149
 Id. at Introduction.  
150
 CRS Report, Advanced Nuclear Reactors, supra note 144, at 3.   
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Nuclear energy is “carbon-free” as it does not directly produce carbon dioxide or other greenhouse 
gases.
151
 Nuclear power provides more than half of the carbon-free electricity produced in the U.S.
152
 
Nuclear energy currently constitutes 8% of electric generating capacity in the United States, yet 
generates 18% of the total electricity in the country.
153
 Nuclear energy generates about 13% of total 
electricity generation in Florida.
154
 This is because most nuclear plants operate around the clock and 
generate at maximum capacity around 93% of the time – nearly twice the capacity factor of resources 
like coal and natural gas, and triple that of wind and solar.
155
 
 
State legislation related to nuclear energy has increased over the past decades.
156
 These policies 
address different vantage points; some states have enacted policies to insulate their existing fleet of 
reactors from premature closure, while others have enacted policies to develop new nuclear 
capacity.
157
 Many states have directed the conduct of studies on advanced nuclear reactors.
158
 
 
Hydrogen for Transportation 
 
Hydrogen powered vehicles use hydrogen as a fuel source and produce no harmful tailpipe emissions 
as they only emit water vapor and warm air.
159
 Currently, hydrogen powered vehicles are only available 
in select markets like southern and northern California.
160
 This is because California is the only state 
which has a hydrogen fueling infrastructure, with over 60 public stations.
161
 
 
California implemented its hydrogen fueling infrastructure with its “Hydrogen Highway Network” 
(Network) in 2004, which was later implemented by the legislature in 2005. The Network was designed 
with the desire to expand zero-emission hydrogen fuel cell electric cars by expanding California’s 
network of hydrogen refueling stations.
162
 While hydrogen powered vehicles are environmentally 
beneficial, issues arise from the fueling infrastructure. Such issues, made apparent by the Network, 
include
163
: 
 Vehicles becoming stranded because of lack of fueling stations; 
 Frequent station malfunctions/shortages; and 
 High state subsidies per fueling station. 
 
In October 2023, the U.S. Department of Energy announced $7 billion in federal funding under the 
Bipartisan Infrastructure Law to fund seven Regional Clean Hydrogen Hubs. The purpose of these 
investments is to “accelerate the commercial-scale deployment of clean hydrogen helping to generate 
                                                
151
 Anne White & Aaron Krol, Nuclear Energy, Climate Portal (Oct. 14, 2020), https://climate.mit.edu/explainers/nuclear-
energy (last visited Jan. 13, 2024). 
152
 Id. 
153
 U.S. Energy Information Administration, U.S. energy facts explained, https://www.eia.gov/energyexplained/us-energy-
facts/data-and-statistics.php (last visited Jan. 12, 2024). 
154
 U.S. Energy Information Administration, Florida’s electricity generation mix is changing, (Aug. 24, 2023), 
https://www.eia.gov/todayinenergy/detail.php?id=60221 (last visited Jan. 19, 2024). 
155
 Shea, Nuclear Policy in the States, supra note 145, at 16. 
156
 Daniel Shea, Nuclear Power and the Clean Energy Transition (Apr. 6, 2023), https://www.ncsl.org/energy/nuclear-
power-and-the-clean-energy-transition (last visited Jan. 13, 2024) (noting an increase from 74 bills considered in 2016 to 
more than 160 bills considered in 2022 in relation to nuclear energy). 
157
 Id. 
158
 See e.g., MICH. COMP. LAWS § 460.10hh (2022); Montana Senate Joint Resolution 3 (2021); Penn. HR 238 (2022). 
159
 United States Department of Energy, Fuel Cell Electric Vehicles, https://afdc.energy.gov/vehicles/fuel_cell.html (last 
visited Jan. 13, 2024). 
160
 United States Department of Energy, Hydrogen Fuel Cell Electric Vehicle Availability, 
https://afdc.energy.gov/vehicles/fuel_cell_availability.html (last visited Jan. 13, 2024). 
161
 United States Department of Energy, Hydrogen Fueling Station Locations by State, https://afdc.energy.gov/data/10370 
(last visited Jan. 13, 2024). 
162
 California Energy Commission, Hydrogen Vehicles & Refueling Infrastructure, https://www.energy.ca.gov/programs-
and-topics/programs/clean-transportation-program/clean-transportation-funding-areas-1 (last visited Jan. 13, 2014). 
163
 Evan Halper, Is California’s ‘Hydrogen Highway’ a road to nowhere?, L.A. Times, Aug. 10, 2021.   
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DATE: 3/8/2024 
  
clean, dispatchable power, create a new form of energy storage, and decarbonize heavy industry and 
transportation.”
164
 
 
Effect of the Bill 
 
Evaluation of Advanced Nuclear Technologies 
 
The bill requires the PSC to study and evaluate the technical and economic feasibility of using 
advanced nuclear power technologies, including SMRs, to meet the electrical power needs of the state. 
The bill also requires the PSC to research means to encourage installation and use of nuclear 
technologies at military installations in the state in partnership with public utilities. In conducting this 
study, the PSC must consult with the Department of Environmental Protection and the Division of 
Emergency Management. 
 
By April 1, 2025, the PSC must prepare and submit a report to the Governor, the President of the 
Senate, and the Speaker of the House of Representatives containing its findings and recommendations 
for potential legislative or administrative actions that may enhance the use of advanced nuclear 
technologies in a manner consistent with the state energy policy goals established by the bill. 
 
Evaluation of Hydrogen Fueling Infrastructure 
 
The bill requires DOT, in consultation with DACS, to study and evaluate the potential development of 
hydrogen fueling infrastructure, including fueling stations, to support hydrogen-powered vehicles that 
use the state highway system. 
 
By April 1, 2025, DOT must prepare and submit a report to the Governor, the President of the Senate, 
and the Speaker of the House of Representatives containing its findings and any recommendations for 
potential legislative or administrative actions concerning the development of hydrogen fueling 
infrastructure in manner consistent with the state energy policy goals established by the bill. 
 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
  
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
The bill may have a negative impact on state government expenditures because it imposes the 
following new requirements for specified state agencies, which may require the expenditure of 
resources: 
 PSC development of a plan to assess the security and resiliency of the state's electric grid 
and natural gas facilities; 
 PSC study and evaluation of advanced nuclear power technologies; and 
 DOT study and evaluation of the potential development of hydrogen fueling infrastructure. 
 
Affected agencies may be able to satisfy all or some of these requirements with existing resources. 
Further, affected agencies may see expenditures offset to some degree by potential savings, and 
other agencies may see reduced expenditures, related to: 
                                                
164
 U.S. DOE, Office of Clean Energy Demonstrations, Regional Clean Hydrogen Hubs Selections for Award Negotiations, 
https://www.energy.gov/oced/regional-clean-hydrogen-hubs-selections-award-negotiations (last visited Jan. 26, 2024).   
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 Elimination of certain state purchasing requirements; and 
 Expansion of the types of intrastate natural gas pipelines that are exempt from siting under 
the Natural Gas Transmission Pipeline Siting Act. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
 
None. 
 
2. Expenditures: 
 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
 
The bill refocuses state energy policy on promoting and ensuring a cost-effective, reliable, resilient, 
safe, diverse, and U.S. sourced energy supply and makes specific changes in law to meet these policy 
goals. The bill also attempts to streamline certain regulatory requirements to strengthen energy 
infrastructure, prepare Florida to respond to changing market forces, and increase market-based 
policies within Florida’s various energy sectors. To the extent these changes succeed, there will be 
direct positive impacts on the economic well-being of Florida’s businesses and consumers. 
 
D. FISCAL COMMENTS: 
 
None.