Florida 2024 Regular Session

Florida House Bill H1645 Compare Versions

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3-CS/CS/HB 1645, Engrossed 2 2024 Legislature
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3+CS/CS/HB 1645, Engrossed 1 2024
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1212
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14- 1
14+A bill to be entitled 1
1515 An act relating to energy resources; creating s. 2
1616 163.3210, F.S.; providing legislative intent; 3
1717 providing definitions; allowing resiliency facilities 4
1818 in certain land use categories in local government 5
1919 comprehensive plans and specified districts if certain 6
2020 criteria are met; allowing local governments to adopt 7
2121 ordinances for resiliency facilities if certain 8
2222 requirements are met; prohibiting amendments to a 9
2323 local government's comprehensive plan, land use map, 10
2424 zoning districts, or land development regulations in a 11
2525 manner that would conflict with resiliency facility 12
2626 classification after a specified date; amending s. 13
2727 286.29, F.S.; revising energy guidelines fo r public 14
2828 businesses; eliminating the requirement that the 15
2929 Department of Management Services develop and maintain 16
3030 the Florida Climate-Friendly Preferred Products List; 17
3131 eliminating the requirement that state agencies 18
3232 contract for meeting and conference space only with 19
3333 facilities that have a Green Lodging designations; 20
3434 eliminating the requirement that state agencies, state 21
3535 universities, community colleges, and local 22
3636 governments that procure new vehicles under a state 23
3737 purchasing plan select certain vehicles und er a 24
38-specified circumstance; amending s. 366.032, F.S.; 25
39-ENROLLED
40-CS/CS/HB 1645, Engrossed 2 2024 Legislature
38+specified circumstance; requiring the Department of 25
39+
40+CS/CS/HB 1645, Engrossed 1 2024
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4848
4949
5050
51-including community development districts as a type of 26
52-political subdivision for purposes of preemption over 27
53-utility service restrictions; creating s. 366.042, 28
54-F.S.; requiring rural electric cooperati ves and 29
55-municipal electric utilities to enter into and 30
56-maintain at least one mutual aid agreement or pre -31
57-event agreement with certain entities for purposes of 32
58-restoring power after a natural disaster; requiring 33
59-rural electric cooperatives and municipal ele ctric 34
60-utilities to annually submit attestations of 35
61-compliance to the Public Service Commission; providing 36
62-construction; requiring the commission to compile the 37
63-attestations and annually submit a copy of such 38
64-attestations to the Division of Emergency Manage ment; 39
65-providing that the submission of such attestations 40
66-makes rural electric cooperatives and municipal 41
67-electric utilities eligible to receive state financial 42
68-assistance; providing that if such attestations are 43
69-not submitted, rural electric cooperatives a nd 44
70-municipal electric utilities are not eligible to 45
71-receive state financial assistance; providing 46
72-construction; creating s. 366.057, F.S.; requiring 47
73-public utilities to provide notice to the commission 48
74-of certain power plant retirements within a specified 49
75-timeframe; authorizing the commission to schedule 50
76-ENROLLED
77-CS/CS/HB 1645, Engrossed 2 2024 Legislature
51+Management Services to develop a Florida Humane 26
52+Preferred Energy Products List in consultation with 27
53+the Department of Commerce and the Department of 28
54+Agriculture and Consumer Services; providing for 29
55+assessment considerations in developing the list; 30
56+defining the term "forced labor"; requiring state 31
57+agencies and political subdivisions that procure 32
58+energy products from state term contracts to consult 33
59+the list and purchase or procure such products; 34
60+prohibiting state agencies and political subdivisions 35
61+from purchasing or procuring products not included in 36
62+the list; amending s. 366.032, F.S.; including 37
63+development districts as a type of political 38
64+subdivision for purposes of preemption over utility 39
65+service restrictions; creating s. 366.042, F.S.; 40
66+requiring electric cooperatives and municipal electric 41
67+utilities to enter into and maintain at least one 42
68+mutual aid agreement or pre -event agreement with 43
69+certain entities for purposes of restoring power after 44
70+a natural disaster; requiring electric cooperatives 45
71+and municipal electric utilities to annually submit 46
72+attestations of compliance to the Public Service 47
73+Commission; providing construction; requiring the 48
74+commission to compile the attestations and annually 49
75+submit a copy of such attestations to the Division of 50
76+
77+CS/CS/HB 1645, Engrossed 1 2024
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8686
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88-hearings within a specified timeframe to make certain 51
89-determinations on such plant retirements; specifying 52
90-information to be provided by public utilities at the 53
91-hearing; amending s. 366.94, F.S.; removing 54
92-terminology; authorizing the commission to approve 55
93-voluntary electric vehicle charging programs upon 56
94-petition of a public utility, to become effective on 57
95-or after a specified date, if certain requirements are 58
96-met; providing applicability; amending s. 403.50 3, 59
97-F.S.; defining the term "gross capacity"; creating s. 60
98-366.99, F.S.; providing definitions; authorizing 61
99-public utilities to submit to the commission a 62
100-petition for a proposed cost recovery for certain 63
101-natural gas facilities relocation costs; requiring th e 64
102-commission to conduct annual proceedings to determine 65
103-each utility's prudently incurred natural gas 66
104-facilities relocation costs and to allow for the 67
105-recovery of such costs; providing requirements for the 68
106-commission's review; providing requirements for th e 69
107-allocation of such recovered costs; requiring the 70
108-commission to adopt rules; providing a timeframe for 71
109-such rulemaking; amending s. 377.601, F.S.; revising 72
110-legislative intent; amending s. 377.6015, F.S.; 73
111-revising the powers and duties of the Department o f 74
112-Agriculture and Consumer Services; conforming 75
113-ENROLLED
114-CS/CS/HB 1645, Engrossed 2 2024 Legislature
88+Emergency Management; providing that the submission of 51
89+such attestations makes electric cooperatives and 52
90+municipal electric utilities eligible to receive state 53
91+financial assistance; providing that if such 54
92+attestations are not submitted, electric cooperatives 55
93+and municipal electric utilities are not eligible to 56
94+receive state financial assistance; providing 57
95+construction; creating s. 366.057, F.S.; requiring 58
96+public utilities to provide notice to the commission 59
97+of certain power plant retirements within a specified 60
98+timeframe; authorizing the commission to schedule 61
99+hearings within a specified timeframe to make certain 62
100+determinations on such plant retirements; specifying 63
101+information to be provided by public utilities at t he 64
102+hearing; amending s. 366.94, F.S.; removing 65
103+terminology; authorizing the commission to approve 66
104+voluntary electric vehicle charging programs upon 67
105+petition of a public utility, to become effective on 68
106+or after a specified date, if certain requirements are 69
107+met; providing applicability; creating s. 366.99, 70
108+F.S.; providing definitions; authorizing public 71
109+utilities to submit to the commission a petition for a 72
110+proposed cost recovery for certain natural gas 73
111+facilities relocation costs; requiring the commission 74
112+to conduct annual proceedings to determine each 75
113+
114+CS/CS/HB 1645, Engrossed 1 2024
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122122
123123
124124
125-provisions to changes made by the act; amending s. 76
126-377.703, F.S.; revising additional functions of the 77
127-department relating to energy resources; conforming 78
128-provisions to changes made by the act; creating s. 79
129-377.708, F.S.; providing definitions; prohibiting the 80
130-construction or expansion of certain wind energy 81
131-facilities and wind turbines in the state; requiring 82
132-the Department of Environmental Protection to review 83
133-applications for federal wind energy leases in 84
134-territorial waters of the United States adjacent to 85
135-water of this state and signify its approval or 86
136-objection to such applications; authorizing the 87
137-department to seek injunctive relief for violations; 88
138-repealing s. 377.801, F.S., relating to the Florida 89
139-Energy and Climate Protection Act; repealing s. 90
140-377.802, F.S., relating to the purpose of the act; 91
141-repealing s. 377.803, F.S., relating to definitions 92
142-under the act; repealing s. 377.804, F.S., relating to 93
143-the Renewable Energy and Energy -Efficient Technologies 94
144-Grants Program; repealing s. 377.808, F.S., relating 95
145-to the Florida Green Government Grants Act; repealing 96
146-s. 377.809, F.S., relating to the Energy Economic Zone 97
147-Pilot Program; repealing s. 377.816, F.S., relating to 98
148-the Qualified Energy Conservation Bond Allocation 99
149-Program; prohibiting the approval of new or additional 100
150-ENROLLED
151-CS/CS/HB 1645, Engrossed 2 2024 Legislature
125+utility's prudently incurred natural gas facilities 76
126+relocation costs and to allow for the recovery of such 77
127+costs; providing requirements for the commission's 78
128+review; providing requirements for the allocation of 79
129+such recovered costs; requiring the commission to 80
130+adopt rules; providing a timeframe for such 81
131+rulemaking; amending s. 377.601, F.S.; revising 82
132+legislative intent; amending s. 377.6015, F.S.; 83
133+revising the powers and duties of the Department of 84
134+Agriculture and Consumer Services; conforming 85
135+provisions to changes made by the act; amending s. 86
136+377.703, F.S.; revising additional functions of the 87
137+department relating to energy resources; conforming 88
138+provisions to changes made by the act; creating s. 89
139+377.708, F.S.; providing definitions; prohibiting the 90
140+construction or expansion of certain wind energy 91
141+facilities and wind turbines in the state; requiring 92
142+the Department of Environmental Protection to review 93
143+applications for federal wind energy leases in 94
144+territorial waters of the United States adjacent to 95
145+water of this state and signify its approval or 96
146+objection to such applications; authorizing the 97
147+department to seek injunctive relief for violations; 98
148+repealing s. 377.801, F.S., relating to the Florida 99
149+Energy and Climate P rotection Act; repealing s. 100
150+
151+CS/CS/HB 1645, Engrossed 1 2024
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162-applications, certifications, or allocations under 101
163-such programs; prohibiting new contracts, agreements, 102
164-and awards under such programs; rescinding all 103
165-certifications or allocations issued u nder such 104
166-programs; providing an exception; providing 105
167-application relating to existing contracts or 106
168-agreements under such programs; amending ss. 220.193, 107
169-288.9606, and 380.0651, F.S.; conforming provisions to 108
170-changes made by the act; amending s. 403.9405, F.S.; 109
171-revising the applicability of the Natural Gas 110
172-Transmission Pipeline Siting Act; amending s. 111
173-720.3075, F.S.; prohibiting certain homeowners' 112
174-association documents from precluding certain types or 113
175-fuel sources of energy production and the use of 114
176-certain appliances; requiring the commission to 115
177-coordinate, develop, and recommend a plan under which 116
178-an assessment of the security and resiliency of the 117
179-state's electric grid and natural gas facilities 118
180-against physical threats and cyber threats may be 119
181-conducted; requiring the commission to consult with 120
182-the Division of Emergency Management and the Florida 121
183-Digital Service; requiring cooperation from all 122
184-operating facilities in the state relating to such 123
185-plan; providing additional content requirements for 124
186-such plan; requiring the commission to submit by a 125
187-ENROLLED
188-CS/CS/HB 1645, Engrossed 2 2024 Legislature
162+377.802, F.S., relating to the purpose of the act; 101
163+repealing s. 377.803, F.S., relating to definitions 102
164+under the act; repealing s. 377.804, F.S., relating to 103
165+the Renewable Energy and Energy -Efficient Technologies 104
166+Grants Program; repealing s. 377.808, F.S., relating 105
167+to the Florida Green Government Grants Act; repealing 106
168+s. 377.809, F.S., relating to the Energy Economic Zone 107
169+Pilot Program; repealing s. 377.816, F.S., relating to 108
170+the Qualified Energy Conservation Bond Allocation 109
171+Program; prohibiting the approval of new or additional 110
172+applications, certifications, or allocations under 111
173+such programs; prohibiting new contracts, agreements, 112
174+and awards under such programs; rescinding all 113
175+certifications or allocations issued under such 114
176+programs; providing an exception; providing 115
177+application relating to existing contracts or 116
178+agreements under such programs; amending ss. 220.193, 117
179+288.9606, and 380.0651, F.S.; conforming provisions to 118
180+changes made by the act; amending s. 403.9405, F.S.; 119
181+revising the applicability of the Natural Gas 120
182+Transmission Pipeline Siting Act; amending s. 121
183+720.3075, F.S.; prohibiting certain homeowners' 122
184+association documents from precluding certain types or 123
185+fuel sources of energy production and the use of 124
186+certain appliances; r equiring the commission to 125
187+
188+CS/CS/HB 1645, Engrossed 1 2024
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197197
198198
199-recommended plan by a specified date to the Governor 126
200-and the Legislature; providing additional content 127
201-requirements for such plan; requiring the commission 128
202-to study and evaluate the technical and economic 129
203-feasibility of using advanced nuclear power 130
204-technologies to meet the electrical power needs of the 131
205-state; requiring the commission to research means to 132
206-encourage and foster the installation and use of such 133
207-technologies at military installations in partnership 134
208-with public utilities; requiring the commission to 135
209-consult with the Department of Environmental 136
210-Protection and the Division of Emergency Management; 137
211-requiring the commission to submit by a specified date 138
212-a report to the Governor and the Legislature that 139
213-contains its findings and any additional 140
214-recommendations for potential legislative or 141
215-administrative actions; requiring the Department of 142
216-Transportation, in consultation with the Office of 143
217-Energy within the Department of Agriculture and 144
218-Consumer Services, to stud y and evaluate the potential 145
219-development of hydrogen fueling infrastructure to 146
220-support hydrogen-powered vehicles; requiring the 147
221-department to submit by a specified date a report to 148
222-the Governor and the Legislature that contains its 149
223-findings and recommendat ions for specified actions 150
224-ENROLLED
225-CS/CS/HB 1645, Engrossed 2 2024 Legislature
199+coordinate, develop, and recommend a plan under which 126
200+an assessment of the security and resiliency of the 127
201+state's electric grid and natural gas facilities 128
202+against physical threats and cyber threats may be 129
203+conducted; requiring the commission to consult with 130
204+the Division of Emergency Management and the Florida 131
205+Digital Service; requiring cooperation from all 132
206+operating facilities in the state relating to such 133
207+plan; providing additional content requirements for 134
208+such plan; requiring the commission to submit by a 135
209+recommended plan by a specified date to the Governor 136
210+and the Legislature; providing additional content 137
211+requirements for such plan; requiring the commission 138
212+to study and evaluate the technical and economic 139
213+feasibility of using adv anced nuclear power 140
214+technologies to meet the electrical power needs of the 141
215+state; requiring the commission to research means to 142
216+encourage and foster the installation and use of such 143
217+technologies at military installations in partnership 144
218+with public utilitie s; requiring the commission to 145
219+consult with the Department of Environmental 146
220+Protection and the Division of Emergency Management; 147
221+requiring the commission to submit by a specified date 148
222+a report to the Governor and the Legislature that 149
223+contains its findings and any additional 150
224+
225+CS/CS/HB 1645, Engrossed 1 2024
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236-that may accommodate the future development of 151
237-hydrogen fueling infrastructure; providing effective 152
238-dates. 153
239- 154
240-Be It Enacted by the Legislature of the State of Florida: 155
241- 156
242- Section 1. Section 163.3210, Florida Statutes, is crea ted 157
243-to read: 158
244- 163.3210 Natural gas resiliency and reliability 159
245-infrastructure.- 160
246- (1) It is the intent of the Legislature to maintain, 161
247-encourage, and ensure adequate and reliable fuel sources for 162
248-public utilities. The resiliency and reliability of fuel sou rces 163
249-for public utilities is critical to the state's economy; the 164
250-ability of the state to recover from natural disasters; and the 165
251-health, safety, welfare, and quality of life of the residents of 166
252-the state. 167
253- (2) As used in this section, the term: 168
254- (a) "Natural gas" means all forms of fuel commonly or 169
255-commercially known or sold as natural gas, including compressed 170
256-natural gas and liquefied natural gas. 171
257- (b) "Natural gas reserve" means a facility that is capable 172
258-of storing and transporting and, when operati onal, actively 173
259-stores and transports a supply of natural gas. 174
260- (c) "Public utility" has the same meaning as defined in s. 175
261-ENROLLED
262-CS/CS/HB 1645, Engrossed 2 2024 Legislature
236+recommendations for potential legislative or 151
237+administrative actions; requiring the Department of 152
238+Transportation, in consultation with the Office of 153
239+Energy within the Department of Agriculture and 154
240+Consumer Services, to study and evaluate the potential 155
241+development of hydrogen fueling infrastructure to 156
242+support hydrogen-powered vehicles; requiring the 157
243+department to submit by a specified date a report to 158
244+the Governor and the Legislature that contains its 159
245+findings and recommendations for specif ied actions 160
246+that may accommodate the future development of 161
247+hydrogen fueling infrastructure; providing effective 162
248+dates. 163
249+ 164
250+Be It Enacted by the Legislature of the State of Florida: 165
251+ 166
252+ Section 1. Section 163.3210, Florida Statutes, is created 167
253+to read: 168
254+ 163.3210 Natural gas resiliency and reliability 169
255+infrastructure.- 170
256+ (1) It is the intent of the Legislature to maintain, 171
257+encourage, and ensure adequate and reliable fuel sources for 172
258+public utilities. The resiliency and reliability of fuel sources 173
259+for public utilities is critical to the state's economy; the 174
260+ability of the state to recover from natural disasters; and the 175
261+
262+CS/CS/HB 1645, Engrossed 1 2024
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273-366.02. 176
274- (d) "Resiliency facility" means a facility owned and 177
275-operated by a public utility for the purposes of assembling, 178
276-creating, holding, securing, or deploying natural gas reserves 179
277-for temporary use during a system outage or natural disaster. 180
278- (3) A resiliency facility is a permitted use in all 181
279-commercial, industrial, and manufacturing land use categories in 182
280-a local government co mprehensive plan and all commercial, 183
281-industrial, and manufacturing districts. A resiliency facility 184
282-must comply with the setback and landscape criteria for other 185
283-similar uses. A local government may adopt an ordinance 186
284-specifying buffer and landscaping requ irements for resiliency 187
285-facilities, provided such requirements do not exceed the 188
286-requirements for similar uses involving the construction of 189
287-other facilities that are permitted uses in commercial, 190
288-industrial, and manufacturing land use categories and zonin g 191
289-districts. 192
290- (4) After July 1, 2024, a local government may not amend 193
291-its comprehensive plan, land use map, zoning districts, or land 194
292-development regulations in a manner that would conflict with a 195
293-resiliency facility's classification as a permitted and 196
294-allowable use, including, but not limited to, an amendment that 197
295-causes a resiliency facility to be a nonconforming use, 198
296-structure, or development. 199
297- Section 2. Section 286.29, Florida Statutes, is amended to 200
298-ENROLLED
299-CS/CS/HB 1645, Engrossed 2 2024 Legislature
273+health, safety, welfare, and quality of life of the residents of 176
274+the state. 177
275+ (2) As used in this section, the term: 178
276+ (a) "Natural gas" mean s all forms of fuel commonly or 179
277+commercially known or sold as natural gas, including compressed 180
278+natural gas and liquefied natural gas. 181
279+ (b) "Natural gas reserve" means a facility that is capable 182
280+of storing and transporting and, when operational, actively 183
281+stores and transports a supply of natural gas. 184
282+ (c) "Public utility" has the same meaning as defined in s. 185
283+366.02. 186
284+ (d) "Resiliency facility" means a facility owned and 187
285+operated by a public utility for the purposes of assembling, 188
286+creating, holding, secur ing, or deploying natural gas reserves 189
287+for temporary use during a system outage or natural disaster. 190
288+ (3) A resiliency facility is a permitted use in all 191
289+commercial, industrial, and manufacturing land use categories in 192
290+a local government comprehensive pla n and all commercial, 193
291+industrial, and manufacturing districts. A resiliency facility 194
292+must comply with the setback and landscape criteria for other 195
293+similar uses. A local government may adopt an ordinance 196
294+specifying buffer and landscaping requirements for re siliency 197
295+facilities, provided such requirements do not exceed the 198
296+requirements for similar uses involving the construction of 199
297+other facilities that are permitted uses in commercial, 200
298+
299+CS/CS/HB 1645, Engrossed 1 2024
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308308
309309
310-read: 201
311- 286.29 Energy guidelines for Climate-friendly public 202
312-business.—The Legislature recognizes the importance of 203
313-leadership by state government in the area of energy efficiency 204
314-and in reducing the greenhouse gas emissions of state government 205
315-operations. The following shall pertain to all state agenc ies 206
316-when conducting public business: 207
317- (1) The Department of Management Services shall develop 208
318-the "Florida Climate -Friendly Preferred Products List." In 209
319-maintaining that list, the department, in consultation with the 210
320-Department of Environmental Protection, shall continually assess 211
321-products currently available for purchase under state term 212
322-contracts to identify specific products and vendors that offer 213
323-clear energy efficiency or other environmental benefits over 214
324-competing products. When procuring products from state term 215
325-contracts, state agencies shall first consult the Florida 216
326-Climate-Friendly Preferred Products List and procure such 217
327-products if the price is comparable. 218
328- (2) State agencies shall contract for meeting and 219
329-conference space only with hotels or conference facilities that 220
330-have received the "Green Lodging" designation from the 221
331-Department of Environmental Protection for best practices in 222
332-water, energy, and waste efficiency standards, unless the 223
333-responsible state agency head makes a determination that no 224
334-other viable alternative exists. 225
335-ENROLLED
336-CS/CS/HB 1645, Engrossed 2 2024 Legislature
310+industrial, and manufacturing land use categories and zoning 201
311+districts. 202
312+ (4) After July 1, 2024, a local government may not amend 203
313+its comprehensive plan, land use map, zoning districts, or land 204
314+development regulations in a manner that would conflict with a 205
315+resiliency facility's classification as a permitted and 206
316+allowable use, including, but not limited to, an amendment that 207
317+causes a resiliency facility to be a nonconforming use, 208
318+structure, or development. 209
319+ Section 2. Section 286.29, Florida Statutes, is amended to 210
320+read: 211
321+ 286.29 Energy guidelines for Climate-friendly public 212
322+business.—The Legislature recognizes the importance of 213
323+leadership by state government in the area of energy efficiency 214
324+and in reducing the greenhouse gas emissions of state government 215
325+operations. The following shall pertain to all state agencies 216
326+when conducting public business: 217
327+ (1) The Department of Management Services shall develop 218
328+the "Florida Climate -Friendly Preferred Products List." In 219
329+maintaining that list, the department, in consultation with the 220
330+Department of Environmental Protection, shall continually assess 221
331+products currently available for purchase under state term 222
332+contracts to identify specific products and vendors that offer 223
333+clear energy efficiency or other environmental benefits over 224
334+competing products. When procuring products from state term 225
335+
336+CS/CS/HB 1645, Engrossed 1 2024
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347- (1)(3) Each state agency shall ensure that all maintained 226
348-vehicles meet minimum maintenance schedules shown to reduce fuel 227
349-consumption, which include: 228
350- (a) Ensuring appropriate tire pressures and tread depth .; 229
351- (b) Replacing fuel filters and emission filters at 230
352-recommended intervals .; 231
353- (c) Using proper motor oils .; and 232
354- (d) Performing timely motor maintenance. 233
355- 234
356-Each state agency shall measure and report compliance to the 235
357-Department of Management Services through the Equipment 236
358-Management Information System database. 237
359- (4) When procuring new vehicles, all state agencies, state 238
360-universities, community colleges, and local governments that 239
361-purchase vehicles under a state purchasin g plan shall first 240
362-define the intended purpose for the vehicle and determine which 241
363-of the following use classes for which the vehicle is being 242
364-procured: 243
365- (a) State business travel, designated operator; 244
366- (b) State business travel, pool operators; 245
367- (c) Construction, agricultural, or maintenance work; 246
368- (d) Conveyance of passengers; 247
369- (e) Conveyance of building or maintenance materials and 248
370-supplies; 249
371- (f) Off-road vehicle, motorcycle, or all -terrain vehicle; 250
372-ENROLLED
373-CS/CS/HB 1645, Engrossed 2 2024 Legislature
347+contracts, state agencies shall first consult the Florida 226
348+Climate-Friendly Preferred Products List and procure such 227
349+products if the price is comparable. 228
350+ (2) State agencies shall contract for meeting and 229
351+conference space only with hotels or conference facilities that 230
352+have received the "Green Lodging" designation from the 231
353+Department of Environmental Protection for best practices in 232
354+water, energy, and waste efficiency standards, unless the 233
355+responsible state agency head makes a determination that no 234
356+other viable alternative exists. 235
357+ (1)(3) Each state agency shall ensure that all maintained 236
358+vehicles meet minimum maintenance schedules shown to reduce fuel 237
359+consumption, which include: 238
360+ (a) Ensuring appropriate tire pressures and tread depth .; 239
361+ (b) Replacing fuel filters and emission filters at 240
362+recommended intervals .; 241
363+ (c) Using proper motor oils .; and 242
364+ (d) Performing timely motor maintenance. 243
365+ 244
366+Each state agency shall measure and report compliance to the 245
367+Department of Management Services through the Equipment 246
368+Management Information System database. 247
369+ (4) When procuring new vehicles, all state agencies, state 248
370+universities, community colleges, and local governments that 249
371+purchase vehicles under a state purchasin g plan shall first 250
372+
373+CS/CS/HB 1645, Engrossed 1 2024
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375375
376376
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
381381
382382
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384- (g) Emergency response; or 251
385- (h) Other. 252
386- 253
387-Vehicles described in paragraphs (a) through (h), when being 254
388-processed for purchase or leasing agreements, must be selected 255
389-for the greatest fuel efficiency available for a given use class 256
390-when fuel economy data are available. Exceptions may be made for 257
391-individual vehicles in paragraph (g) when accompanied, during 258
392-the procurement process, by documentation indicating that the 259
393-operator or operators will exclusively be emergency first 260
394-responders or have special documented need for exceptional 261
395-vehicle performance characteristics. Any request for an 262
396-exception must be approved by the purchasing agency head and any 263
397-exceptional performance characteristics denoted as a part of the 264
398-procurement process prior to purchase. 265
399- (2)(5) All state agencies shall use ethanol an d biodiesel 266
400-blended fuels when available. State agencies administering 267
401-central fueling operations for state -owned vehicles shall 268
402-procure biofuels for fleet needs to the greatest extent 269
403-practicable. 270
404- Section 3. Subsections (1), (2), and (5) of section 271
405-366.032, Florida Statutes, are amended to read: 272
406- 366.032 Preemption over utility service restrictions. — 273
407- (1) A municipality, county, special district, community 274
408-development district created pursuant to chapter 190, or other 275
409-ENROLLED
410-CS/CS/HB 1645, Engrossed 2 2024 Legislature
384+define the intended purpose for the vehicle and determine which 251
385+of the following use classes for which the vehicle is being 252
386+procured: 253
387+ (a) State business travel, designated operator; 254
388+ (b) State business travel, pool operators; 255
389+ (c) Construction, agricultural, or maintenance work; 256
390+ (d) Conveyance of passengers; 257
391+ (e) Conveyance of building or maintenance materials and 258
392+supplies; 259
393+ (f) Off-road vehicle, motorcycle, or all -terrain vehicle; 260
394+ (g) Emergency response; or 261
395+ (h) Other. 262
396+ 263
397+Vehicles described in paragraphs (a) through (h), when being 264
398+processed for purchase or leasing agreements, must be selected 265
399+for the greatest fuel efficiency available for a given use class 266
400+when fuel economy data are available. Exceptions may be made for 267
401+individual vehicles in paragraph (g) when accompanied, during 268
402+the procurement process, by documentation indicating that the 269
403+operator or operators will exclusively be emergency first 270
404+responders or have special documented need for exceptional 271
405+vehicle performance cha racteristics. Any request for an 272
406+exception must be approved by the purchasing agency head and any 273
407+exceptional performance characteristics denoted as a part of the 274
408+procurement process prior to purchase. 275
409+
410+CS/CS/HB 1645, Engrossed 1 2024
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
418418
419419
420420
421-political subdivision of the sta te may not enact or enforce a 276
422-resolution, ordinance, rule, code, or policy or take any action 277
423-that restricts or prohibits or has the effect of restricting or 278
424-prohibiting the types or fuel sources of energy production which 279
425-may be used, delivered, converted , or supplied by the following 280
426-entities to serve customers that such entities are authorized to 281
427-serve: 282
428- (a) A public utility or an electric utility as defined in 283
429-this chapter; 284
430- (b) An entity formed under s. 163.01 that generates, 285
431-sells, or transmits elec trical energy; 286
432- (c) A natural gas utility as defined in s. 366.04(3)(c); 287
433- (d) A natural gas transmission company as defined in s. 288
434-368.103; or 289
435- (e) A Category I liquefied petroleum gas dealer or 290
436-Category II liquefied petroleum gas dispenser or Category I II 291
437-liquefied petroleum gas cylinder exchange operator as defined in 292
438-s. 527.01. 293
439- (2) Except to the extent necessary to enforce the Florida 294
440-Building Code adopted pursuant to s. 553.73 or the Florida Fire 295
441-Prevention Code adopted pursuant to s. 633.202, a municipality, 296
442-county, special district, community development district created 297
443-pursuant to chapter 190, or other political subdivision of the 298
444-state may not enact or enforce a resolution, an ordinance, a 299
445-rule, a code, or a policy or take any action that restricts or 300
446-ENROLLED
447-CS/CS/HB 1645, Engrossed 2 2024 Legislature
421+ (2)(5) All state agencies shall use ethanol and biodiesel 276
422+blended fuels when available. State agencies administering 277
423+central fueling operations for state -owned vehicles shall 278
424+procure biofuels for fleet needs to the greatest extent 279
425+practicable. 280
426+ (3)(a) The Department of Management Services shall, in 281
427+consultation with the Department of Commerce and the Department 282
428+of Agriculture and Consumer Services, develop a Florida Humane 283
429+Preferred Energy Products List. In developing the list, the 284
430+department must assess produc ts currently available for purchase 285
431+under state term contracts that contain or consist of an energy 286
432+storage device with a capacity of greater than one kilowatt -hour 287
433+or that contain or consist of an energy generation device with a 288
434+capacity of greater than 5 00 watts and identify specific 289
435+products that are made free from forced labor. For purposes of 290
436+this subsection, the term "forced labor" means work or service 291
437+exacted from any person, including a minor, under the menace of 292
438+a penalty for nonperformance and f or which the worker does not 293
439+offer himself or herself voluntarily or an activity that 294
440+violates s. 787.06. 295
441+ (b) When procuring the types of energy products described 296
442+in paragraph (a) from state term contracts, state agencies and 297
443+political subdivisions shal l first consult the Florida Humane 298
444+Preferred Energy Products List and may not purchase or procure 299
445+products not included in the list. 300
446+
447+CS/CS/HB 1645, Engrossed 1 2024
448448
449449
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
455455
456456
457457
458-prohibits or has the effect of restricting or prohibiting the 301
459-use of an appliance, including a stove or grill, which uses the 302
460-types or fuel sources of energy production which may be used, 303
461-delivered, converted, or supplied by the entities listed in 304
462-subsection (1). As used in this subsection, the term "appliance" 305
463-means a device or apparatus manufactured and designed to use 306
464-energy and for which the Florida Building Code or the Florida 307
465-Fire Prevention Code provides specific requirements. 308
466- (5) Any municipality, county, special district, community 309
467-development district created pursuant to chapter 190, or 310
468-political subdivision charter, resolution, ordinance, rule, 311
469-code, policy, or action that is preempted by this act that 312
470-existed before or on July 1, 2021, is void. 313
471- Section 4. Section 366.042, Florida Statutes, is created 314
472-to read: 315
473- 366.042 Mutual aid agreements of rural electric 316
474-cooperatives and municipal electric utilities. — 317
475- (1) For the purposes of r estoring power following a 318
476-natural disaster that is subject to a state of emergency 319
477-declared by the Governor, all rural electric cooperatives and 320
478-municipal electric utilities shall enter into and maintain, at a 321
479-minimum, one of the following: 322
480- (a) A mutual aid agreement with a municipal electric 323
481-utility; 324
482- (b) A mutual aid agreement with a rural electric 325
483-ENROLLED
484-CS/CS/HB 1645, Engrossed 2 2024 Legislature
458+ Section 3. Subsections (1), (2), and (5) of section 301
459+366.032, Florida Statutes, are amended to read: 302
460+ 366.032 Preemption over utility service restrictions. — 303
461+ (1) A municipality, county, special district, development 304
462+district, or other political subdivision of the state may not 305
463+enact or enforce a resolution, ordinance, rule, code, or policy 306
464+or take any action that restrict s or prohibits or has the effect 307
465+of restricting or prohibiting the types or fuel sources of 308
466+energy production which may be used, delivered, converted, or 309
467+supplied by the following entities to serve customers that such 310
468+entities are authorized to serve: 311
469+ (a) A public utility or an electric utility as defined in 312
470+this chapter; 313
471+ (b) An entity formed under s. 163.01 that generates, 314
472+sells, or transmits electrical energy; 315
473+ (c) A natural gas utility as defined in s. 366.04(3)(c); 316
474+ (d) A natural gas transmission company as defined in s. 317
475+368.103; or 318
476+ (e) A Category I liquefied petroleum gas dealer or 319
477+Category II liquefied petroleum gas dispenser or Category III 320
478+liquefied petroleum gas cylinder exchange operator as defined in 321
479+s. 527.01. 322
480+ (2) Except to the extent necessary to enforce the Florida 323
481+Building Code adopted pursuant to s. 553.73 or the Florida Fire 324
482+Prevention Code adopted pursuant to s. 633.202, a municipality, 325
483+
484+CS/CS/HB 1645, Engrossed 1 2024
485485
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
492492
493493
494494
495-cooperative; 326
496- (c) A mutual aid agreement with a public utility; or 327
497- (d) A pre-event agreement with a private contractor. 328
498- (2) All rural electric coopera tives and municipal electric 329
499-utilities operating in this state shall annually submit to the 330
500-commission an attestation, in conformity with s. 92.525, stating 331
501-that the organization has complied with the requirements of this 332
502-section on or before May 15. Nothi ng in this section shall be 333
503-construed to give the commission jurisdiction over the terms and 334
504-conditions of a mutual aid agreement or agreement with a private 335
505-contractor entered into by a rural electric cooperative or a 336
506-municipal electric utility. 337
507- (3) The commission shall compile the attestations and 338
508-annually submit a copy to the Division of Emergency Management 339
509-no later than May 30. 340
510- (4) A rural electric cooperative or municipal electric 341
511-utility that submits the attestation required by this section is 342
512-eligible to receive state financial assistance, if such funding 343
513-is available, for power restoration efforts following a natural 344
514-disaster that is subject to a state of emergency declared by the 345
515-Governor. 346
516- (5) A rural electric cooperative or municipal electri c 347
517-utility that does not submit an attestation required by this 348
518-section is ineligible to receive state financial assistance for 349
519-power restoration efforts following a natural disaster that is 350
520-ENROLLED
521-CS/CS/HB 1645, Engrossed 2 2024 Legislature
495+county, special district, development district, or other 326
496+political subdivision of the state may not enact or enforce a 327
497+resolution, an ordinance, a rule, a code, or a policy or take 328
498+any action that restricts or prohibits or has the effect of 329
499+restricting or prohibiting the use of an appliance, including a 330
500+stove or grill, which uses the types or fuel sources of energy 331
501+production which may be used, delivered, converted, or supplied 332
502+by the entities listed in subsection (1). As used in this 333
503+subsection, the term "appliance" means a device or apparatus 334
504+manufactured and designed to use energy and for which the 335
505+Florida Building Code or the Florida Fire Prevention Code 336
506+provides specific requirements. 337
507+ (5) Any municipality, county, special district, 338
508+development district, or political subdivision charter, 339
509+resolution, ordinance, rule , code, policy, or action that is 340
510+preempted by this act that existed before or on July 1, 2021, is 341
511+void. 342
512+ Section 4. Section 366.042, Florida Statutes, is created 343
513+to read: 344
514+ 366.042 Mutual aid agreements of electric cooperatives and 345
515+municipal electric u tilities.- 346
516+ (1) For the purposes of restoring power following a 347
517+natural disaster that is subject to a state of emergency 348
518+declared by the Governor, all electric cooperatives and 349
519+municipal electric utilities shall enter into and maintain, at a 350
520+
521+CS/CS/HB 1645, Engrossed 1 2024
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529529
530530
531531
532-subject to a state of emergency declared by the Governor, until 351
533-such time as the attestation is submitted. 352
534- (6) Nothing in this section shall be construed to 353
535-prohibit, limit, or disqualify a rural electric cooperative or 354
536-municipal electric utility from receiving funding under The 355
537-Stafford Act, 42 U.S.C. 5121 et seq., or any other federal 356
538-program, including programs administered by the state. 357
539- (7) This section does not expand or alter the jurisdiction 358
540-of the commission over public utilities or electric utilities. 359
541- Section 5. Section 366.057, Florida Statutes, is creat ed 360
542-to read: 361
543- 366.057 Retirement of electrical power plants. —A public 362
544-utility shall provide notice to the commission at least 90 days 363
545-before the full retirement of an electrical power plant if the 364
546-date of such retirement does not coincide with the retireme nt 365
547-date in the public utility's most recently approved depreciation 366
548-study. No later than 90 days after such notice, the commission 367
549-may schedule a hearing to determine whether retirement of the 368
550-plant is prudent and consistent with the state's energy policy 369
551-goals in s. 377.601(2). At a hearing scheduled under this 370
552-section, the utility shall present its proposed retirement date 371
553-for the plant, remaining depreciation expense on the plant, any 372
554-other costs to be recovered in relation to the plant, and any 373
555-planned replacement capacity. 374
556- Section 6. Subsection (4) is added to Section 366.94, 375
557-ENROLLED
558-CS/CS/HB 1645, Engrossed 2 2024 Legislature
532+minimum, one of the following: 351
533+ (a) A mutual aid agreement with a municipal electric 352
534+utility; 353
535+ (b) A mutual aid agreement with an electric cooperative; 354
536+ (c) A mutual aid agreement with a public utility; or 355
537+ (d) A pre-event agreement with a private contractor. 356
538+ (2) All electric cooperatives and municipal electric 357
539+utilities operating in this state shall annually submit to the 358
540+commission an attestation, in conformity with s. 92.525, stating 359
541+that the organization has complied with the requirements of this 360
542+section on or before May 15. Nothing in this section shall be 361
543+construed to give the commission jurisdiction over the terms and 362
544+conditions of a mutual aid agreement or agreement with a private 363
545+contractor entered into by an electric cooperative or a 364
546+municipal electric utility. 365
547+ (3) The commission shall compile the attestations and 366
548+annually submit a copy to the Division of Emergency Management 367
549+no later than May 30. 368
550+ (4) An electric cooperative or municipal electric utility 369
551+that submits the attestation required by thi s section is 370
552+eligible to receive state financial assistance, if such funding 371
553+is available, for power restoration efforts following a natural 372
554+disaster that is subject to a state of emergency declared by the 373
555+Governor. 374
556+ (5) An electric cooperative or municip al electric utility 375
557+
558+CS/CS/HB 1645, Engrossed 1 2024
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566566
567567
568568
569-Florida Statutes, to read: 376
570- 366.94 Electric vehicle charging stations.— 377
571- (4) Upon petition of a public utility, the commission may 378
572-approve voluntary electric vehicle charging programs to become 379
573-effective on or after January 1, 2025, to include, but not be 380
574-limited to, residential, fleet, and public electric vehicle 381
575-charging, upon a determination by the commission that the 382
576-utility's general body of ratepayers, as a whole, will n ot pay 383
577-to support recovery of its electric vehicle charging investment 384
578-by the end of the useful life of the assets dedicated to the 385
579-electric vehicle charging service. This provision does not 386
580-preclude cost recovery for electric vehicle charging programs 387
581-approved by the commission before January 1, 2024. 388
582- Section 7. Present subsections (17) through (31) of 389
583-section 403.503, Florida Statutes, are redesignated as 390
584-subsections (18) through (32), respectively, and a new 391
585-subsection (17) is added to that section, to read: 392
586- 403.503 Definitions relating to Florida Electrical Power 393
587-Plant Siting Act.—As used in this act: 394
588- (17) "Gross capacity" means, for a steam facility, the 395
589-maximum generating capacity based on nameplate generator rating, 396
590-and for a solar electrical generating facility, the capacity 397
591-measured as alternating current which is independently metered 398
592-prior to the point of interconnection to the transmission grid. 399
593- Section 8. Section 366.99, Florida Statutes, is created to 400
594-ENROLLED
595-CS/CS/HB 1645, Engrossed 2 2024 Legislature
569+that does not submit an attestation required by this section is 376
570+ineligible to receive state financial assistance for power 377
571+restoration efforts following a natural disaster that is subject 378
572+to a state of emergency declared by the Governor , until such 379
573+time as the attestation is submitted. 380
574+ (6) Nothing in this section shall be construed to 381
575+prohibit, limit, or disqualify an electric cooperative or 382
576+municipal electric utility from receiving funding under The 383
577+Stafford Act, 42 U.S.C. 5121 et seq ., or any other federal 384
578+program, including programs administered by the state. 385
579+ (7) This section does not expand or alter the jurisdiction 386
580+of the commission over public utilities or electric utilities. 387
581+ Section 5. Section 366.057, Florida Statutes, is created 388
582+to read: 389
583+ 366.057 Retirement of electrical power plants. -A public 390
584+utility shall provide notice to the commission at least 90 days 391
585+before the full retirement of an electrical power plant if the 392
586+date of such retirement does not coincide with the ret irement 393
587+date in the public utility's most recently approved depreciation 394
588+study. No later than 90 days after such notice, the commission 395
589+may schedule a hearing to determine whether retirement of the 396
590+plant is prudent and consistent with the state's energy po licy 397
591+goals in s. 377.601(2). At a hearing scheduled under this 398
592+section, the utility shall present its proposed retirement date 399
593+for the plant, remaining depreciation expense on the plant, any 400
594+
595+CS/CS/HB 1645, Engrossed 1 2024
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606-read: 401
607- 366.99 Natural gas facil ities relocation costs. — 402
608- (1) As used in this section, the term: 403
609- (a) "Authority" has the same meaning as in s. 404
610-337.401(1)(a). 405
611- (b) "Facilities relocation" means the physical moving, 406
612-modification, or reconstruction of public utility facilities to 407
613-accommodate the requirements imposed by an authority. 408
614- (c) "Natural gas facilities" or "facilities" means gas 409
615-mains, laterals, and service lines used to distribute natural 410
616-gas to customers. The term includes all ancillary equipment 411
617-needed for safe operations, i ncluding, but not limited to, 412
618-regulating stations, meters, other measuring devices, 413
619-regulators, and pressure monitoring equipment. 414
620- (d) "Natural gas facilities relocation costs" means the 415
621-costs to relocate or reconstruct facilities as required by a 416
622-mandate, a statute, a law, an ordinance, or an agreement between 417
623-the utility and an authority, including, but not limited to, 418
624-costs associated with reviewing plans provided by an authority. 419
625-The term does not include any costs recovered through the public 420
626-utility's base rates. 421
627- (e) "Public utility" or "utility" has the same meaning as 422
628-in s. 366.02, except that the term does not include an electric 423
629-utility. 424
630- (2) A utility may submit to the commission, pursuant to 425
631-ENROLLED
632-CS/CS/HB 1645, Engrossed 2 2024 Legislature
606+other costs to be recovered in relation to the plant, and any 401
607+planned replacement capacity. 402
608+ Section 6. Subsection (4) is added to Section 366.94, 403
609+Florida Statutes, to read: 404
610+ 366.94 Electric vehicle charging stations.— 405
611+ (4) Upon petition of a public utility, the commission may 406
612+approve voluntary electric vehicle cha rging programs to become 407
613+effective on or after January 1, 2025, to include, but not be 408
614+limited to, residential, fleet, and public electric vehicle 409
615+charging, upon a determination by the commission that the 410
616+utility's general body of ratepayers, as a whole, w ill not pay 411
617+to support recovery of its electric vehicle charging investment 412
618+by the end of the useful life of the assets dedicated to the 413
619+electric vehicle charging service. This provision does not 414
620+preclude cost recovery for electric vehicle charging program s 415
621+approved by the commission before January 1, 2024. 416
622+ Section 7. Section 366.99, Florida Statutes, is created to 417
623+read: 418
624+ 366.99 Natural gas facilities relocation costs. — 419
625+ (1) As used in this section, the term: 420
626+ (a) "Authority" has the same meaning as in s. 421
627+337.401(1)(a). 422
628+ (b) "Facilities relocation" means the physical moving, 423
629+modification, or reconstruction of public utility facilities to 424
630+accommodate the requirements imposed by an authority. 425
631+
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
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642642
643-commission rule, a petition describing the u tility's projected 426
644-natural gas facilities relocation costs for the next calendar 427
645-year, actual natural gas facilities relocation costs for the 428
646-prior calendar year, and proposed cost -recovery factors designed 429
647-to recover such costs. A utility's decision to pr oceed with 430
648-implementing a plan before filing such a petition does not 431
649-constitute imprudence. 432
650- (3) The commission shall conduct an annual proceeding to 433
651-determine each utility's prudently incurred natural gas 434
652-facilities relocation costs and to allow each ut ility to recover 435
653-such costs through a charge separate and apart from base rates, 436
654-to be referred to as the natural gas facilities relocation cost 437
655-recovery clause. The commission's review in the proceeding is 438
656-limited to determining the prudence of the utilit y's actual 439
657-incurred natural gas facilities relocation costs and the 440
658-reasonableness of the utility's projected natural gas facilities 441
659-relocation costs for the following calendar year; and providing 442
660-for a true-up of the costs with the projections on which pa st 443
661-factors were set. The commission shall require that any refund 444
662-or collection made as a part of the true -up process includes 445
663-interest. 446
664- (4) All costs approved for recovery through the natural 447
665-gas facilities relocation cost recovery clause must be alloca ted 448
666-to customer classes pursuant to the rate design most recently 449
667-approved by the commission. 450
668-ENROLLED
669-CS/CS/HB 1645, Engrossed 2 2024 Legislature
643+ (c) "Natural gas facilities" or "facilities" means gas 426
644+mains, laterals, and service lines used to distribute natural 427
645+gas to customers. The term includes all ancillary equipment 428
646+needed for safe operations, including, but not limited to, 429
647+regulating stations, meters, other measuring devices, 430
648+regulators, and pressure monitoring equipment. 431
649+ (d) "Natural gas facilities relocation costs" means the 432
650+costs to relocate or reconstruct facilities as required by a 433
651+mandate, a statute, a law, an ordinance, or an agreement between 434
652+the utility and an authority, including, but not limited to, 435
653+costs associated with reviewing plans provided by an authority. 436
654+The term does not include any costs recovered through the public 437
655+utility's base rates. 438
656+ (e) "Public utility" or "utility" has the same meaning as 439
657+in s. 366.02, except that the term does not include an electric 440
658+utility. 441
659+ (2) A utility may submit to the commission, pursuant to 442
660+commission rule, a petition describing the utility's projected 443
661+natural gas facilities relocation costs for th e next calendar 444
662+year, actual natural gas facilities relocation costs for the 445
663+prior calendar year, and proposed cost -recovery factors designed 446
664+to recover such costs. A utility's decision to proceed with 447
665+implementing a plan before filing such a petition does not 448
666+constitute imprudence. 449
667+
668+CS/CS/HB 1645, Engrossed 1 2024
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676675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677676
678677
679678
680- (5) If a capital expenditure is recoverable as a natural 451
681-gas facilities relocation cost, the public utility may recover 452
682-the annual depreciation on the cost, cal culated at the public 453
683-utility's current approved depreciation rates, and a return on 454
684-the undepreciated balance of the costs at the public utility's 455
685-weighted average cost of capital using the last approved return 456
686-on equity. 457
687- (6) The commission shall adopt rules to implement and 458
688-administer this section and shall propose a rule for adoption as 459
689-soon as practicable after July 1, 2024. 460
690- Section 9. Section 377.601, Florida Statutes, is amended 461
691-to read: 462
692- 377.601 Legislative intent. — 463
693- (1) The purpose of the state's energy policy is to ensure 464
694-an adequate, reliable, and cost -effective supply of energy for 465
695-the state in a manner that promotes the health and welfare of 466
696-the public and economic growth. The Legislature intends that 467
697-governance of the state's energy policy be efficiently directed 468
698-toward achieving this purpose. The Legislature finds that the 469
699-state's energy security can be increased by lessening dependence 470
700-on foreign oil; that the impacts of global climate change can be 471
701-reduced through the reduction of greenhouse gas emissions; and 472
702-that the implementation of alternative energy technologies can 473
703-be a source of new jobs and employment opportunities for many 474
704-Floridians. The Legislature further finds that the state is 475
705-ENROLLED
706-CS/CS/HB 1645, Engrossed 2 2024 Legislature
679+ (3) The commission shall conduct an annual proceeding to 450
680+determine each utility's prudently incurred natural gas 451
681+facilities relocation costs and to allow each utility to recover 452
682+such costs through a charge separate and apart f rom base rates, 453
683+to be referred to as the natural gas facilities relocation cost 454
684+recovery clause. The commission's review in the proceeding is 455
685+limited to determining the prudence of the utility's actual 456
686+incurred natural gas facilities relocation costs and t he 457
687+reasonableness of the utility's projected natural gas facilities 458
688+relocation costs for the following calendar year; and providing 459
689+for a true-up of the costs with the projections on which past 460
690+factors were set. The commission shall require that any refund 461
691+or collection made as a part of the true -up process includes 462
692+interest. 463
693+ (4) All costs approved for recovery through the natural 464
694+gas facilities relocation cost recovery clause must be allocated 465
695+to customer classes pursuant to the rate design most recently 466
696+approved by the commission. 467
697+ (5) If a capital expenditure is recoverable as a natural 468
698+gas facilities relocation cost, the public utility may recover 469
699+the annual depreciation on the cost, calculated at the public 470
700+utility's current approved depreciation rat es, and a return on 471
701+the undepreciated balance of the costs at the public utility's 472
702+weighted average cost of capital using the last approved return 473
703+on equity. 474
704+
705+CS/CS/HB 1645, Engrossed 1 2024
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713712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714713
715714
716715
717-positioned at the front line against potential impacts of global 476
718-climate change. Human and economic costs of those impacts can be 477
719-averted by global actions and, where necessary, adapted to by a 478
720-concerted effort to make Florida's communities more resilient 479
721-and less vulnerable to t hese impacts. In focusing the 480
722-government's policy and efforts to benefit and protect our 481
723-state, its citizens, and its resources, the Legislature believes 482
724-that a single government entity with a specific focus on energy 483
725-and climate change is both desirable a nd advantageous. Further, 484
726-the Legislature finds that energy infrastructure provides the 485
727-foundation for secure and reliable access to the energy supplies 486
728-and services on which Florida depends. Therefore, there is 487
729-significant value to Florida consumers that comes from 488
730-investment in Florida's energy infrastructure that increases 489
731-system reliability, enhances energy independence and 490
732-diversification, stabilizes energy costs, and reduces greenhouse 491
733-gas emissions. 492
734- (2) For the purposes of subsection (1), the state 's energy 493
735-policy must be guided by the following goals: 494
736- (a) Ensuring a cost -effective and affordable energy 495
737-supply. 496
738- (b) Ensuring adequate supply and capacity. 497
739- (c) Ensuring a secure, resilient, and reliable energy 498
740-supply, with an emphasis on a diverse supply of domestic energy 499
741-resources. 500
742-ENROLLED
743-CS/CS/HB 1645, Engrossed 2 2024 Legislature
716+ (6) The commission shall adopt rules to implement and 475
717+administer this section and shall propose a rule for adoption as 476
718+soon as practicable after July 1, 2024. 477
719+ Section 8. Section 377.601, Florida Statutes, is amended 478
720+to read: 479
721+ 377.601 Legislative intent. — 480
722+ (1) The purpose of the state's energy policy is to ensure 481
723+an adequate, reliable, and cost -effective supply of energy for 482
724+the state in a manner that promotes the health and welfare of 483
725+the public and economic growth. The Legislature intends that 484
726+governance of the state's energy policy be efficiently directed 485
727+toward achieving this purpose. The Legislature finds that the 486
728+state's energy security can be increased by lessening dependence 487
729+on foreign oil; that the impacts of global climate change can be 488
730+reduced through the reduction of greenhouse gas emissions; and 489
731+that the implementation of alternative energy technologies can 490
732+be a source of new jobs and employment opportunities for many 491
733+Floridians. The Legislature further finds that the state is 492
734+positioned at the front line against potential impacts of global 493
735+climate change. Human and economic costs of t hose impacts can be 494
736+averted by global actions and, where necessary, adapted to by a 495
737+concerted effort to make Florida's communities more resilient 496
738+and less vulnerable to these impacts. In focusing the 497
739+government's policy and efforts to benefit and protect o ur 498
740+state, its citizens, and its resources, the Legislature believes 499
741+
742+CS/CS/HB 1645, Engrossed 1 2024
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750749 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751750
752751
753752
754- (d) Protecting public safety. 501
755- (e) Protecting the state's natural resources, including 502
756-its coastlines, tributaries, and waterways. 503
757- (f) Supporting economic growth. 504
758- (3)(2) In furtherance of the goals in subsection (2), it 505
759-is the policy of the state of Florida to: 506
760- (a) Develop and Promote the cost-effective development and 507
761-effective use of a diverse supply of domestic energy resources 508
762-in the state and, discourage all forms of energy waste, and 509
763-recognize and address the potential of global climate change 510
764-wherever possible. 511
765- (b) Promote the cost-effective development and maintenance 512
766-of energy infrastructure that is resilient to natural and 513
767-manmade threats to the security and reliability of the state's 514
768-energy supply Play a leading role in developing and instituting 515
769-energy management programs aimed at promoting energy 516
770-conservation, energy security, and the reduction of greenhouse 517
771-gas emissions. 518
772- (c) Reduce reliance on foreign energy resources. 519
773- (d)(c) Include energy reliability and security 520
774-considerations in all state, regional, and local planning. 521
775- (e)(d) Utilize and manage effectively energy resources 522
776-used within state agencies. 523
777- (f)(e) Encourage local governments to include energy 524
778-considerations in all planning an d to support their work in 525
779-ENROLLED
780-CS/CS/HB 1645, Engrossed 2 2024 Legislature
753+that a single government entity with a specific focus on energy 500
754+and climate change is both desirable and advantageous. Further, 501
755+the Legislature finds that energy infrastructure provides th e 502
756+foundation for secure and reliable access to the energy supplies 503
757+and services on which Florida depends. Therefore, there is 504
758+significant value to Florida consumers that comes from 505
759+investment in Florida's energy infrastructure that increases 506
760+system reliability, enhances energy independence and 507
761+diversification, stabilizes energy costs, and reduces greenhouse 508
762+gas emissions. 509
763+ (2) For the purposes of subsection (1), the state's energy 510
764+policy must be guided by the following goals: 511
765+ (a) Ensuring a cost -effective and affordable energy 512
766+supply. 513
767+ (b) Ensuring adequate supply and capacity. 514
768+ (c) Ensuring a secure, resilient, and reliable energy 515
769+supply, with an emphasis on a diverse supply of domestic energy 516
770+resources. 517
771+ (d) Protecting public safety. 518
772+ (e) Protecting the state's natural resources, including 519
773+its coastlines, tributaries, and waterways. 520
774+ (f) Supporting economic growth. 521
775+ (3)(2) In furtherance of the goals in subsection (2), it 522
776+is the policy of the state of Florida to: 523
777+ (a) Develop and Promote the cost-effective development and 524
778+
779+CS/CS/HB 1645, Engrossed 1 2024
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787786 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788787
789788
790789
791-promoting energy management programs. 526
792- (g)(f) Include the full participation of citizens in the 527
793-development and implementation of energy programs. 528
794- (h)(g) Consider in its decisions the energy needs of each 529
795-economic sector, incl uding residential, industrial, commercial, 530
796-agricultural, and governmental uses, and reduce those needs 531
797-whenever possible. 532
798- (i)(h) Promote energy education and the public 533
799-dissemination of information on energy and its impacts in 534
800-relation to the goals in su bsection (2) environmental, economic, 535
801-and social impact. 536
802- (j)(i) Encourage the research, development, demonstration, 537
803-and application of domestic energy resources, including the use 538
804-of alternative energy resources, particularly renewable energy 539
805-resources. 540
806- (k)(j) Consider, in its decisionmaking, the impacts of 541
807-energy-related activities on the goals in subsection (2) social, 542
808-economic, and environmental impacts of energy -related 543
809-activities, including the whole -life-cycle impacts of any 544
810-potential energy use choices, so that detrimental effects of 545
811-these activities are understood and minimized. 546
812- (l)(k) Develop and maintain energy emergency preparedness 547
813-plans to minimize the effects of an energy shortage within this 548
814-state Florida. 549
815- Section 10. Subsection (2) of section 377.6015, Florida 550
816-ENROLLED
817-CS/CS/HB 1645, Engrossed 2 2024 Legislature
790+effective use of a diverse supply of domestic energy resources 525
791+in the state and, discourage all forms of energy waste, and 526
792+recognize and address the potential of global climate change 527
793+wherever possible. 528
794+ (b) Promote the cost-effective development and maintenance 529
795+of energy infrastructure that is resilient to natural and 530
796+manmade threats to the security and reliability of the state's 531
797+energy supply. Play a leading role in developing and instituting 532
798+energy management programs aimed at promoting energy 533
799+conservation, energy security, and the reduction of greenhouse 534
800+gas emissions. 535
801+ (c) Reduce reliance on foreign energy resources. 536
802+ (d)(c) Include energy reliability and security 537
803+considerations in all state, regional, and local planning. 538
804+ (e)(d) Utilize and manage effectively energy resources 539
805+used within state agencies. 540
806+ (f)(e) Encourage local governments to include energy 541
807+considerations in all planning and to support their work in 542
808+promoting energy management programs. 543
809+ (g)(f) Include the full participation of citizens in the 544
810+development and implementation of energy programs. 545
811+ (h)(g) Consider in its decisions the energy needs of each 546
812+economic sector, including residential, industrial, commercial, 547
813+agricultural, and governmental uses, and reduce those needs 548
814+whenever possible. 549
815+
816+CS/CS/HB 1645, Engrossed 1 2024
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824823 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825824
826825
827826
828-Statutes, is amended to read: 551
829- 377.6015 Department of Agriculture and Consumer Services; 552
830-powers and duties.— 553
831- (2) The department shall: 554
832- (a) Administer the Florida Renewable Energy and Energy -555
833-Efficient Technologies Grants Program pursuant to s. 377.804 to 556
834-assure a robust grant portfolio. 557
835- (a)(b) Develop policy for requiring grantees to provide 558
836-royalty-sharing or licensing agreements with state government 559
837-for commercialized products developed under a state grant. 560
838- (c) Administer the Florida Green Government Grants Act 561
839-pursuant to s. 377.808 and set annual priorities for grants. 562
840- (b)(d) Administer the information gathering and reporting 563
841-functions pursuant to ss. 377.601 -377.608. 564
842- (e) Administer the provisions of the Florida Energy and 565
843-Climate Protection Act pursuant to ss. 377.801 -377.804. 566
844- (c)(f) Advocate for energy and climate change issues 567
845-consistent with the goals in s. 377.601(2) and provide 568
846-educational outreach and technical assistance in co operation 569
847-with the state's academic institutions. 570
848- (d)(g) Be a party in the proceedings to adopt goals and 571
849-submit comments to the Public Service Commission pursuant to s. 572
850-366.82. 573
851- (e)(h) Adopt rules pursuant to chapter 120 in order to 574
852-implement all powers and duties described in this section. 575
853-ENROLLED
854-CS/CS/HB 1645, Engrossed 2 2024 Legislature
827+ (i)(h) Promote energy education and the public 550
828+dissemination of information on energy and its impacts in 551
829+relation to the goals in subsection (2) environmental, economic, 552
830+and social impact. 553
831+ (j)(i) Encourage the research, development, demonstration, 554
832+and application of domestic energy resources, including the use 555
833+of alternative energy resources, particularly renewable energy 556
834+resources. 557
835+ (k)(j) Consider, in its decisionmaking, the impacts of 558
836+energy-related activities on the goals in subsection (2) social, 559
837+economic, and environmental impacts of energy -related 560
838+activities, including the whole -life-cycle impacts of any 561
839+potential energy use choices, so that detrimental effects of 562
840+these activities are unde rstood and minimized. 563
841+ (l)(k) Develop and maintain energy emergency preparedness 564
842+plans to minimize the effects of an energy shortage within this 565
843+state Florida. 566
844+ Section 9. Subsection (2) of section 377.6015, Florida 567
845+Statutes, is amended to read: 568
846+ 377.6015 Department of Agriculture and Consumer Services; 569
847+powers and duties.— 570
848+ (2) The department shall: 571
849+ (a) Administer the Florida Renewable Energy and Energy -572
850+Efficient Technologies Grants Program pursuant to s. 377.804 to 573
851+assure a robust grant portfolio. 574
852+
853+CS/CS/HB 1645, Engrossed 1 2024
855854
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861860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862861
863862
864863
865- Section 11. Subsection (1) and paragraphs (e), (f), (h), 576
866-and (m) of subsection (2) of section 377.703, Florida Statutes, 577
867-are amended to read: 578
868- 377.703 Additional functions of the Department of 579
869-Agriculture and Consumer Services.— 580
870- (1) LEGISLATIVE INTENT. —Recognizing that energy supply and 581
871-demand questions have become a major area of concern to the 582
872-state which must be dealt with by effective and well -coordinated 583
873-state action, it is the intent of the Legislature to promote the 584
874-efficient, effective, and economical management of energy 585
875-problems, centralize energy coordination responsibilities, 586
876-pinpoint responsibility for conducting energy programs, and 587
877-ensure the accountability of state agencies for the 588
878-implementation of s. 377.601 s. 377.601(2), the state energy 589
879-policy. It is the specific intent of the Legislature that 590
880-nothing in this act shall in any way change the powers, duties, 591
881-and responsibilities assigned by the Florida Electrical Power 592
882-Plant Siting Act, part II of chapter 403, or the powers, duties, 593
883-and responsibilities of the Florida Public Service Commission. 594
884- (2) DUTIES.—The department shall perform the following 595
885-functions, unless as otherwise provided, consistent with the 596
886-development of a state energy polic y: 597
887- (e) The department shall analyze energy data collected and 598
888-prepare long-range forecasts of energy supply and demand in 599
889-coordination with the Florida Public Service Commission, which 600
890-ENROLLED
891-CS/CS/HB 1645, Engrossed 2 2024 Legislature
864+ (a)(b) Develop policy for requiring grantees to provide 575
865+royalty-sharing or licensing agreements with state government 576
866+for commercialized products developed under a state grant. 577
867+ (c) Administer the Florida Green Government Grants Act 578
868+pursuant to s. 377.8 08 and set annual priorities for grants. 579
869+ (b)(d) Administer the information gathering and reporting 580
870+functions pursuant to ss. 377.601 -377.608. 581
871+ (e) Administer the provisions of the Florida Energy and 582
872+Climate Protection Act pursuant to ss. 377.801 -377.804. 583
873+ (c)(f) Advocate for energy and climate change issues 584
874+consistent with the goals in s. 377.601(2) and provide 585
875+educational outreach and technical assistance in cooperation 586
876+with the state's academic institutions. 587
877+ (d)(g) Be a party in the proceedings to a dopt goals and 588
878+submit comments to the Public Service Commission pursuant to s. 589
879+366.82. 590
880+ (e)(h) Adopt rules pursuant to chapter 120 in order to 591
881+implement all powers and duties described in this section. 592
882+ Section 10. Subsection (1) and paragraphs (e), (f ), (h), 593
883+and (m) of subsection (2) of section 377.703, Florida Statutes, 594
884+are amended to read: 595
885+ 377.703 Additional functions of the Department of 596
886+Agriculture and Consumer Services. — 597
887+ (1) LEGISLATIVE INTENT. —Recognizing that energy supply and 598
888+demand questions have become a major area of concern to the 599
889+
890+CS/CS/HB 1645, Engrossed 1 2024
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898897 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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901900
902-is responsible for electricity and natural gas forecasts. To 601
903-this end, the forecasts shall contain: 602
904- 1. An analysis of the relationship of state economic 603
905-growth and development to energy supply and demand, including 604
906-the constraints to economic growth resulting from energy supply 605
907-constraints. 606
908- 2. Plans for the development of renewable energy resources 607
909-and reduction in dependence on depletable energy resources, 608
910-particularly oil and natural gas, and An analysis of the extent 609
911-to which domestic energy resources, including renewable energy 610
912-sources, are being utilized in this the state. 611
913- 3. Consideration of alternative scenarios of statewide 612
914-energy supply and demand for 5, 10, and 20 years to identify 613
915-strategies for long-range action, including identification of 614
916-potential impacts in relation to the goals in s. 377.601(2) 615
917-social, economic, and environmental effects . 616
918- 4. An assessment of the state's energy resources, 617
919-including examination of the availability of commercially 618
920-developable and imported fuels, and an analysis of anticipated 619
921-impacts in relation to the goals in s. 377.601 (2) effects on the 620
922-state's environment and social services resulting from energy 621
923-resource development activities or from energy supply 622
924-constraints, or both. 623
925- (f) The department shall submit an annual report to the 624
926-Governor and the Legislature reflecting i ts activities and 625
927-ENROLLED
928-CS/CS/HB 1645, Engrossed 2 2024 Legislature
901+state which must be dealt with by effective and well -coordinated 600
902+state action, it is the intent of the Legislature to promote the 601
903+efficient, effective, and economical management of energy 602
904+problems, centralize e nergy coordination responsibilities, 603
905+pinpoint responsibility for conducting energy programs, and 604
906+ensure the accountability of state agencies for the 605
907+implementation of s. 377.601 s. 377.601(2), the state energy 606
908+policy. It is the specific intent of the Legis lature that 607
909+nothing in this act shall in any way change the powers, duties, 608
910+and responsibilities assigned by the Florida Electrical Power 609
911+Plant Siting Act, part II of chapter 403, or the powers, duties, 610
912+and responsibilities of the Florida Public Service Co mmission. 611
913+ (2) DUTIES.—The department shall perform the following 612
914+functions, unless as otherwise provided, consistent with the 613
915+development of a state energy policy: 614
916+ (e) The department shall analyze energy data collected and 615
917+prepare long-range forecasts of energy supply and demand in 616
918+coordination with the Florida Public Service Commission, which 617
919+is responsible for electricity and natural gas forecasts. To 618
920+this end, the forecasts shall contain: 619
921+ 1. An analysis of the relationship of state economic 620
922+growth and development to energy supply and demand, including 621
923+the constraints to economic growth resulting from energy supply 622
924+constraints. 623
925+ 2. Plans for the development of renewable energy resources 624
926+
927+CS/CS/HB 1645, Engrossed 1 2024
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935934 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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938937
939-making recommendations for policies for improvement of the 626
940-state's response to energy supply and demand and its effect on 627
941-the health, safety, and welfare of the residents of this state. 628
942-The report must include a report from the Florida Pu blic Service 629
943-Commission on electricity and natural gas and information on 630
944-energy conservation programs conducted and underway in the past 631
945-year and include recommendations for energy efficiency and 632
946-conservation programs for the state, including: 633
947- 1. Formulation of specific recommendations for improvement 634
948-in the efficiency of energy utilization in governmental, 635
949-residential, commercial, industrial, and transportation sectors. 636
950- 2. Collection and dissemination of information relating to 637
951-energy efficiency and c onservation. 638
952- 3. Development and conduct of educational and training 639
953-programs relating to energy efficiency and conservation. 640
954- 4. An analysis of the ways in which state agencies are 641
955-seeking to implement s. 377.601 s. 377.601(2), the state energy 642
956-policy, and recommendations for better fulfilling this policy. 643
957- (h) The department shall promote the development and use 644
958-of renewable energy resources, in conformance with chapter 187 645
959-and s. 377.601, by: 646
960- 1. Establishing goals and strategies for increasing the 647
961-use of renewable energy in this state. 648
962- 1.2. Aiding and promoting the commercialization of 649
963-renewable energy resources, in cooperation with the Florida 650
964-ENROLLED
965-CS/CS/HB 1645, Engrossed 2 2024 Legislature
938+and reduction in dependence on depletable energy resources, 625
939+particularly oil and natural gas, and An analysis of the extent 626
940+to which domestic energy resources, including renewable energy 627
941+sources, are being utilized in this the state. 628
942+ 3. Consideration of alternative scenarios of statewide 629
943+energy supply and demand for 5, 10, and 20 years to identify 630
944+strategies for long-range action, including identification of 631
945+potential impacts in relation to the goals in s. 377.601(2) 632
946+social, economic, and environmental effects . 633
947+ 4. An assessment of the st ate's energy resources, 634
948+including examination of the availability of commercially 635
949+developable and imported fuels, and an analysis of anticipated 636
950+impacts in relation to the goals in s. 377.601(2) effects on the 637
951+state's environment and social services resulting from energy 638
952+resource development activities or from energy supply 639
953+constraints, or both. 640
954+ (f) The department shall submit an annual report to the 641
955+Governor and the Legislature reflecting its activities and 642
956+making recommendations for policies for improve ment of the 643
957+state's response to energy supply and demand and its effect on 644
958+the health, safety, and welfare of the residents of this state. 645
959+The report must include a report from the Florida Public Service 646
960+Commission on electricity and natural gas and inform ation on 647
961+energy conservation programs conducted and underway in the past 648
962+year and include recommendations for energy efficiency and 649
963+
964+CS/CS/HB 1645, Engrossed 1 2024
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975974
976-Energy Systems Consortium; the Florida Solar Energy Center; and 651
977-any other federal, state, or local govern mental agency that may 652
978-seek to promote research, development, and the demonstration of 653
979-renewable energy equipment and technology. 654
980- 2.3. Identifying barriers to greater use of renewable 655
981-energy resources in this state, and developing specific 656
982-recommendations for overcoming identified barriers, with 657
983-findings and recommendations to be submitted annually in the 658
984-report to the Governor and Legislature required under paragraph 659
985-(f). 660
986- 3.4. In cooperation with the Department of Environmental 661
987-Protection, the Department of Transportation, the Department of 662
988-Commerce, the Florida Energy Systems Consortium, the Florida 663
989-Solar Energy Center, and the Florida Solar Energy Industries 664
990-Association, investigating opportunities, pursuant to the 665
991-national Energy Policy Act of 1992, the Housing and Community 666
992-Development Act of 1992, and any subsequent federal legislation, 667
993-for renewable energy resources, electric vehicles, and other 668
994-renewable energy manufacturing, distribution, installation, and 669
995-financing efforts that enh ance this state's position as the 670
996-leader in renewable energy research, development, and use. 671
997- 4.5. Undertaking other initiatives to advance the 672
998-development and use of renewable energy resources in this state. 673
999- 674
1000-In the exercise of its responsibilities under this paragraph, 675
1001-ENROLLED
1002-CS/CS/HB 1645, Engrossed 2 2024 Legislature
975+conservation programs for the state, including: 650
976+ 1. Formulation of specific recommendations for improvement 651
977+in the efficiency of energy utilization in governmental, 652
978+residential, commercial, industrial, and transportation sectors. 653
979+ 2. Collection and dissemination of information relating to 654
980+energy efficiency and conservation. 655
981+ 3. Development and conduct of educational and trai ning 656
982+programs relating to energy efficiency and conservation. 657
983+ 4. An analysis of the ways in which state agencies are 658
984+seeking to implement s. 377.601 s. 377.601(2), the state energy 659
985+policy, and recommendations for better fulfilling this policy. 660
986+ (h) The department shall promote the development and use 661
987+of renewable energy resources, in conformance with chapter 187 662
988+and s. 377.601, by: 663
989+ 1. Establishing goals and strategies for increasing the 664
990+use of renewable energy in this state. 665
991+ 1.2. Aiding and promoting the commercialization of 666
992+renewable energy resources, in cooperation with the Florida 667
993+Energy Systems Consortium; the Florida Solar Energy Center; and 668
994+any other federal, state, or local governmental agency that may 669
995+seek to promote research, develop ment, and the demonstration of 670
996+renewable energy equipment and technology. 671
997+ 2.3. Identifying barriers to greater use of renewable 672
998+energy resources in this state, and developing specific 673
999+recommendations for overcoming identified barriers, with 674
1000+
1001+CS/CS/HB 1645, Engrossed 1 2024
10031002
10041003
10051004
10061005 CODING: Words stricken are deletions; words underlined are additions.
1007-hb1645-05-er
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1006+hb1645-03-e1
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10091008 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101009
10111010
10121011
1013-the department shall seek the assistance of the renewable energy 676
1014-industry in this state and other interested parties and may 677
1015-enter into contracts, retain professional consulting services, 678
1016-and expend funds appropriated by the Legislature fo r such 679
1017-purposes. 680
1018- (m) In recognition of the devastation to the economy of 681
1019-this state and the dangers to the health and welfare of 682
1020-residents of this state caused by severe hurricanes, and the 683
1021-potential for such impacts caused by other natural disasters, 684
1022-the Division of Emergency Management shall include in its energy 685
1023-emergency contingency plan and provide to the Florida Building 686
1024-Commission for inclusion in the Florida Energy Efficiency Code 687
1025-for Building Construction specific provisions to facilitate the 688
1026-use of cost-effective solar energy technologies as emergency 689
1027-remedial and preventive measures for providing electric power, 690
1028-street lighting, and water heating service in the event of 691
1029-electric power outages. 692
1030- Section 12. Section 377.708, Florida Statutes, is created 693
1031-to read: 694
1032- 377.708 Wind energy. — 695
1033- (1) DEFINITIONS.-As used in this section, the term: 696
1034- (a) "Coastline" means the established line of mean high 697
1035-water. 698
1036- (b) "Department" means the Department of En vironmental 699
1037-Protection. 700
1038-ENROLLED
1039-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1012+findings and recommendations to be submitted annually in the 675
1013+report to the Governor and Legislature required under paragraph 676
1014+(f). 677
1015+ 3.4. In cooperation with the Department of Environmental 678
1016+Protection, the Department of Transportation, the Department of 679
1017+Commerce, the Florida Energy Systems Consortium, the Florida 680
1018+Solar Energy Center, and the Florida Solar Energy Industries 681
1019+Association, investigating opportunities, pursuant to the 682
1020+national Energy Policy Act of 1992, the Housing and Community 683
1021+Development Act of 1992, and a ny subsequent federal legislation, 684
1022+for renewable energy resources, electric vehicles, and other 685
1023+renewable energy manufacturing, distribution, installation, and 686
1024+financing efforts that enhance this state's position as the 687
1025+leader in renewable energy research, development, and use. 688
1026+ 4.5. Undertaking other initiatives to advance the 689
1027+development and use of renewable energy resources in this state. 690
1028+ 691
1029+In the exercise of its responsibilities under this paragraph, 692
1030+the department shall seek the assistance of the renew able energy 693
1031+industry in this state and other interested parties and may 694
1032+enter into contracts, retain professional consulting services, 695
1033+and expend funds appropriated by the Legislature for such 696
1034+purposes. 697
1035+ (m) In recognition of the devastation to the econom y of 698
1036+this state and the dangers to the health and welfare of 699
1037+
1038+CS/CS/HB 1645, Engrossed 1 2024
10401039
10411040
10421041
10431042 CODING: Words stricken are deletions; words underlined are additions.
1044-hb1645-05-er
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10461045 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471046
10481047
10491048
1050- (c) "Offshore wind energy facility" means any wind energy 701
1051-facility located on waters of this state, including other 702
1052-buildings, structures, vessels, or electrical transmission 703
1053-cabling to be sited on waters of this state, or connect ed to 704
1054-corresponding onshore substations that are used to support the 705
1055-operation of one or more wind turbines sited or constructed on 706
1056-waters of this state and any submerged lands or territorial 707
1057-waters that are not under the jurisdiction of the state. 708
1058- (d) "Real property" has the same meaning as provided in s. 709
1059-192.001(12). 710
1060- (e) "Vessel" has the same meaning as provided in s. 711
1061-327.02. 712
1062- (f) "Waters of this state" has the same meaning as 713
1063-provided in s. 327.02, except the term also includes all state 714
1064-submerged lands. 715
1065- (g) "Wind energy facility" means an electrical wind 716
1066-generation facility or expansion thereof comprised of one or 717
1067-more wind turbines and including substations; meteorological 718
1068-data towers; aboveground, underground, and electrical 719
1069-transmission lines; and transformers, control systems, and other 720
1070-buildings or structures under common ownership or operating 721
1071-control used to support the operation of the facility the 722
1072-primary purpose of which is to offer electricity supply for 723
1073-sale. 724
1074- (h) "Wind turbine" means a device or apparatus that has 725
1075-ENROLLED
1076-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1049+residents of this state caused by severe hurricanes, and the 700
1050+potential for such impacts caused by other natural disasters, 701
1051+the Division of Emergency Management shall include in its energy 702
1052+emergency contingency plan and provide to the Florida Building 703
1053+Commission for inclusion in the Florida Energy Efficiency Code 704
1054+for Building Construction specific provisions to facilitate the 705
1055+use of cost-effective solar energy technologies as emergency 706
1056+remedial and preventive measures for providing electric power, 707
1057+street lighting, and water heating service in the event of 708
1058+electric power outages. 709
1059+ Section 11. Section 377.708, Florida Statutes, is created 710
1060+to read: 711
1061+ 377.708 Wind energy. - 712
1062+ (1) DEFINITIONS.-As used in this section, the term: 713
1063+ (a) "Coastline" means the established line of mean high 714
1064+water. 715
1065+ (b) "Department" means the Department of Environmental 716
1066+Protection. 717
1067+ (c) "Offshore wind energy facility" means any wind energy 718
1068+facility located on waters of this state, including other 719
1069+buildings, structures, vessels, or electrical transmission 720
1070+cabling to be sited on waters of this state, or connected to 721
1071+corresponding onshore substations that are used to support the 722
1072+operation of one or more wind turbines sited or co nstructed on 723
1073+waters of this state and any submerged lands or territorial 724
1074+
1075+CS/CS/HB 1645, Engrossed 1 2024
10771076
10781077
10791078
10801079 CODING: Words stricken are deletions; words underlined are additions.
1081-hb1645-05-er
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10831082 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841083
10851084
10861085
1087-the capability to convert kinetic wind energy into rotational 726
1088-energy that drives an electrical generator, consisting of a 727
1089-tower body and rotator with two or more blades and capable of 728
1090-producing more than 10 kilowatts of elect rical power. The term 729
1091-includes both horizontal and vertical axis turbines. The term 730
1092-does not include devices used to measure wind speed and 731
1093-direction, such as an anemometer. 732
1094- (2) PROHIBITED ACTIVITIES. — 733
1095- (a) Construction or expansion of the following is 734
1096-prohibited: 735
1097- 1. An offshore wind energy facility. 736
1098- 2. A wind turbine or wind energy facility on real property 737
1099-within 1 mile of coastline in this state. 738
1100- 3. A wind turbine or wind energy facility on real property 739
1101-within 1 mile of the Atlantic Intracoasta l Waterway or Gulf 740
1102-Intracoastal Waterway. 741
1103- 4. A wind turbine or wind energy facility on waters of 742
1104-this state and any submerged lands. 743
1105- (b) This subsection does not prohibit: 744
1106- 1. Affixation of a wind turbine directly to a vessel 745
1107-solely for the purpose of providing power to electronic 746
1108-equipment located onboard the vessel. 747
1109- 2. Operation of a wind turbine installed before July 1, 748
1110-2024. 749
1111- (3) REVIEW.—The department shall review all applications 750
1112-ENROLLED
1113-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1086+waters that are not under the jurisdiction of the state. 725
1087+ (d) "Real property" has the same meaning as provided in s. 726
1088+192.001(12). 727
1089+ (e) "Vessel" has the same meaning as provided in s . 728
1090+327.02. 729
1091+ (f) "Waters of this state" has the same meaning as 730
1092+provided in s. 327.02, except the term also includes all state 731
1093+submerged lands. 732
1094+ (g) "Wind energy facility" means an electrical wind 733
1095+generation facility or expansion thereof comprised of one o r 734
1096+more wind turbines and including substations; meteorological 735
1097+data towers; aboveground, underground, and electrical 736
1098+transmission lines; and transformers, control systems, and other 737
1099+buildings or structures under common ownership or operating 738
1100+control used to support the operation of the facility the 739
1101+primary purpose of which is to offer electricity supply for 740
1102+sale. 741
1103+ (h) "Wind turbine" means a device or apparatus that has 742
1104+the capability to convert kinetic wind energy into rotational 743
1105+energy that drives an elec trical generator, consisting of a 744
1106+tower body and rotator with two or more blades and capable of 745
1107+producing more than 10 kilowatts of electrical power. The term 746
1108+includes both horizontal and vertical axis turbines. The term 747
1109+does not include devices used to me asure wind speed and 748
1110+direction, such as an anemometer. 749
1111+
1112+CS/CS/HB 1645, Engrossed 1 2024
11141113
11151114
11161115
11171116 CODING: Words stricken are deletions; words underlined are additions.
1118-hb1645-05-er
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11201119 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211120
11221121
11231122
1124-for federal wind energy leases in the territorial waters of the 751
1125-United States adjacent to waters of this state and shall signify 752
1126-its approval of or objection to each application. 753
1127- (4) INJUNCTIVE RELIEF. —The department may bring an action 754
1128-for injunctive relief against any person who constructs or 755
1129-expands an offshore wi nd energy facility or a wind turbine in 756
1130-this state in violation of this section. 757
1131- Section 13. Sections 377.801, 377.802, 377.803, 377.804, 758
1132-377.808, 377.809, and 377.816, Florida Statutes, are repealed. 759
1133- Section 14. (1) For programs established pursuant to s. 760
1134-377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 761
1135-Statutes, there may not be: 762
1136- (a) New or additional applications, certifications, or 763
1137-allocations approved. 764
1138- (b) New letters of certification issued. 765
1139- (c) New contracts or agreements executed. 766
1140- (d) New awards made. 767
1141- (2) All certifications or allocations issued under such 768
1142-programs are rescinded except for the certifications of, or 769
1143-allocations to, those certified applicants or projects that 770
1144-continue to meet the applicable criteria in effect before July 771
1145-1, 2024. Any existing contract or agreement authorized under any 772
1146-of these programs shall continue in full force and effect in 773
1147-accordance with the statutory requirements in effect when the 774
1148-contract or agreemen t was executed or last modified. However, 775
1149-ENROLLED
1150-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1123+(2) PROHIBITED ACTIVITIES. - 750
1124+ (a) Construction or expansion of the following is 751
1125+prohibited: 752
1126+ 1. An offshore wind energy facility. 753
1127+ 2. A wind turbine or wind energy facility on real property 754
1128+within 1 mile of coastline in this state. 755
1129+ 3. A wind turbine or wind energy facility on real property 756
1130+within 1 mile of the Atlantic Intracoastal Waterway or Gulf 757
1131+Intracoastal Waterway. 758
1132+ 4. A wind turbine or wind energy facility on waters of 759
1133+this state and any su bmerged lands. 760
1134+ (b) This subsection does not prohibit: 761
1135+ 1. Affixation of a wind turbine directly to a vessel 762
1136+solely for the purpose of providing power to electronic 763
1137+equipment located onboard the vessel. 764
1138+ 2. Operation of a wind turbine installed before July 1, 765
1139+2024. 766
1140+ (3) REVIEW.-The department shall review all applications 767
1141+for federal wind energy leases in the territorial waters of the 768
1142+United States adjacent to waters of this state and shall signify 769
1143+its approval of or objection to each application. 770
1144+ (4) INJUNCTIVE RELIEF.-The department may bring an action 771
1145+for injunctive relief against any person who constructs or 772
1146+expands an offshore wind energy facility or a wind turbine in 773
1147+this state in violation of this section. 774
1148+
1149+CS/CS/HB 1645, Engrossed 1 2024
11511150
11521151
11531152
11541153 CODING: Words stricken are deletions; words underlined are additions.
1155-hb1645-05-er
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11571156 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581157
11591158
11601159
1161-further modifications, extensions, or waivers may not be made or 776
1162-granted relating to such contracts or agreements, except 777
1163-computations by the Department of Revenue of the income 778
1164-generated by or arising out of the q ualifying project. 779
1165- Section 15. Paragraph (d) of subsection (2) of section 780
1166-220.193, Florida Statutes, is amended to read: 781
1167- 220.193 Florida renewable energy production credit. — 782
1168- (2) As used in this section, the term: 783
1169- (d) "Florida renewable energy fac ility" means a facility 784
1170-in the state that produces electricity for sale from renewable 785
1171-energy, as defined in s. 377.803 . 786
1172- Section 16. Subsection (7) of section 288.9606, Florida 787
1173-Statutes, is amended to read: 788
1174- 288.9606 Issue of revenue bonds. — 789
1175- (7) Notwithstanding any provision of this section, the 790
1176-corporation in its corporate capacity may, without authorization 791
1177-from a public agency under s. 163.01(7), issue revenue bonds or 792
1178-other evidence of indebtedness under this section to: 793
1179- (a) Finance the underta king of any project within the 794
1180-state that promotes renewable energy as defined in s. 366.91 or 795
1181-s. 377.803; 796
1182- (b) Finance the undertaking of any project within the 797
1183-state that is a project contemplated or allowed under s. 406 of 798
1184-the American Recovery and Rei nvestment Act of 2009; or 799
1185- (c) If permitted by federal law, finance qualifying 800
1186-ENROLLED
1187-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1160+ Section 12. Sections 377.801, 377. 802, 377.803, 377.804, 775
1161+377.808, 377.809, and 377.816, Florida Statutes, are repealed. 776
1162+ Section 13. (1) For programs established pursuant to s. 777
1163+377.804, s. 377.808, s. 377.809, or s. 377.816, Florida 778
1164+Statutes, there may not be: 779
1165+ (a) New or additional applications, certifications, or 780
1166+allocations approved. 781
1167+ (b) New letters of certification issued. 782
1168+ (c) New contracts or agreements executed. 783
1169+ (d) New awards made. 784
1170+ (2) All certifications or allocations issued under such 785
1171+programs are rescinded except for the certifications of, or 786
1172+allocations to, those certified applicants or projects that 787
1173+continue to meet the applicable criteria in effect before July 788
1174+1, 2024. Any existing contract or agreement authorized under any 789
1175+of these programs shall continue in full force and effect in 790
1176+accordance with the statutory requirements in effect when the 791
1177+contract or agreement was executed or last modified. However, 792
1178+further modifications, extensions, or waivers may not be made or 793
1179+granted relating to such contracts or agreements, except 794
1180+computations by the Department of Revenue of the income 795
1181+generated by or arising out of the qualifying project. 796
1182+ Section 14. Paragraph (d) of subsection (2) of section 797
1183+220.193, Florida Statutes, is amended to read: 798
1184+ 220.193 Florida renewable energy production credit. — 799
1185+
1186+CS/CS/HB 1645, Engrossed 1 2024
11881187
11891188
11901189
11911190 CODING: Words stricken are deletions; words underlined are additions.
1192-hb1645-05-er
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11941193 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951194
11961195
11971196
1198-improvement projects within the state under s. 163.08 ; or. 801
1199- (d) Finance the costs of acquisition or construction of a 802
1200-transportation facility by a private entity or consortium of 803
1201-private entities under a public -private partnership agreement 804
1202-authorized by s. 334.30. 805
1203- Section 17. Paragraph (w) of subsection (2) of section 806
1204-380.0651, Florida Statutes, is amended to read: 807
1205- 380.0651 Statewide guidelines, standards, and exemptions .— 808
1206- (2) STATUTORY EXEMPTIONS. —The following developments are 809
1207-exempt from s. 380.06: 810
1208- (w) Any development in an energy economic zone designated 811
1209-pursuant to s. 377.809 upon approval by its local governing 812
1210-body. 813
1211- 814
1212-If a use is exempt from review pursuant to p aragraphs (a)-(u), 815
1213-but will be part of a larger project that is subject to review 816
1214-pursuant to s. 380.06(12), the impact of the exempt use must be 817
1215-included in the review of the larger project, unless such exempt 818
1216-use involves a development that includes a la ndowner, tenant, or 819
1217-user that has entered into a funding agreement with the state 820
1218-land planning agency under the Innovation Incentive Program and 821
1219-the agreement contemplates a state award of at least $50 822
1220-million. 823
1221- Section 18. Subsection (2) of section 40 3.9405, Florida 824
1222-Statutes, is amended to read: 825
1223-ENROLLED
1224-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1197+ (2) As used in this section, the term: 800
1198+ (d) "Florida renewable energy facility" means a facility 801
1199+in the state that produces electricity for sale from renewable 802
1200+energy, as defined in s. 377.803 . 803
1201+ Section 15. Subsection (7) of section 288.9606, Florida 804
1202+Statutes, is amended to read: 805
1203+ 288.9606 Issue of revenue bonds. — 806
1204+ (7) Notwithstanding any provision of this section, the 807
1205+corporation in its corporate capacity may, without authorization 808
1206+from a public agency under s. 163.01(7), issue revenue bonds or 809
1207+other evidence of indebtedness under this section to: 810
1208+ (a) Finance the undertaking of any project within the 811
1209+state that promotes renewable energy as defined in s. 366.91 or 812
1210+s. 377.803; 813
1211+ (b) Finance the undert aking of any project within the 814
1212+state that is a project contemplated or allowed under s. 406 of 815
1213+the American Recovery and Reinvestment Act of 2009; or 816
1214+ (c) If permitted by federal law, finance qualifying 817
1215+improvement projects within the state under s. 163. 08; or. 818
1216+ (d) Finance the costs of acquisition or construction of a 819
1217+transportation facility by a private entity or consortium of 820
1218+private entities under a public -private partnership agreement 821
1219+authorized by s. 334.30. 822
1220+ Section 16. Paragraph (w) of subsect ion (2) of section 823
1221+380.0651, Florida Statutes, is amended to read: 824
1222+
1223+CS/CS/HB 1645, Engrossed 1 2024
12251224
12261225
12271226
12281227 CODING: Words stricken are deletions; words underlined are additions.
1229-hb1645-05-er
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12311230 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321231
12331232
12341233
1235- 403.9405 Applicability; certification; exemption; notice 826
1236-of intent.— 827
1237- (2) No construction of A natural gas transmission pipeline 828
1238-may not be constructed be undertaken after October 1, 1992, 829
1239-without first obtaining certification under ss. 403.9401 -830
1240-403.9425, but these sections do not apply to: 831
1241- (a) Natural gas transmission pipelines which are less than 832
1242-100 15 miles in length or which do not cross a county line, 833
1243-unless the applicant has elected to apply for certification 834
1244-under ss. 403.9401-403.9425. 835
1245- (b) Natural gas transmission pipelines for which a 836
1246-certificate of public convenience and necessity has been issued 837
1247-under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 838
1248-natural gas transmission pipeline certified as an associated 839
1249-facility to an electrical power plant pursuant to the Florida 840
1250-Electrical Power Plant Siting Act, ss. 403.501 -403.518, unless 841
1251-the applicant elects to apply for certification of that pipeline 842
1252-under ss. 403.9401-403.9425. 843
1253- (c) Natural gas transmission pipelines that are owned or 844
1254-operated by a municipality or any agency thereof, by any person 845
1255-primarily for the local distribution of natural gas, or by a 846
1256-special district created by special act to distribute natural 847
1257-gas, unless the applicant elects to apply for certification of 848
1258-that pipeline under ss. 403.9401 -403.9425. 849
1259- Section 19. Subsection (3) of section 720.3075, Florida 850
1260-ENROLLED
1261-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1234+ 380.0651 Statewide guidelines, standards, and exemptions. — 825
1235+ (2) STATUTORY EXEMPTIONS. —The following developments are 826
1236+exempt from s. 380.06: 827
1237+ (w) Any development in an energy economic zo ne designated 828
1238+pursuant to s. 377.809 upon approval by its local governing 829
1239+body. 830
1240+ 831
1241+If a use is exempt from review pursuant to paragraphs (a) -(u), 832
1242+but will be part of a larger project that is subject to review 833
1243+pursuant to s. 380.06(12), the impact of the exem pt use must be 834
1244+included in the review of the larger project, unless such exempt 835
1245+use involves a development that includes a landowner, tenant, or 836
1246+user that has entered into a funding agreement with the state 837
1247+land planning agency under the Innovation Incenti ve Program and 838
1248+the agreement contemplates a state award of at least $50 839
1249+million. 840
1250+ Section 17. Subsection (2) of section 403.9405, Florida 841
1251+Statutes, is amended to read: 842
1252+ 403.9405 Applicability; certification; exemption; notice 843
1253+of intent.— 844
1254+ (2) No construction of A natural gas transmission pipeline 845
1255+may not be constructed be undertaken after October 1, 1992, 846
1256+without first obtaining certification under ss. 403.9401 -847
1257+403.9425, but these sections do not apply to: 848
1258+ (a) Natural gas transmission pipelines which are less than 849
1259+
1260+CS/CS/HB 1645, Engrossed 1 2024
12621261
12631262
12641263
12651264 CODING: Words stricken are deletions; words underlined are additions.
1266-hb1645-05-er
1267-Page 35 of 38
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12681267 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691268
12701269
12711270
1272-Statutes, is amended to read: 851
1273- 720.3075 Prohibited clauses in association documents. — 852
1274- (3) Homeowners' association documents, including 853
1275-declarations of covenants, articles of incorporation, or bylaws, 854
1276-may not preclude: 855
1277- (a) The display of up to two portable, removable flags as 856
1278-described in s. 720.304(2)(a) by property owners. However, all 857
1279-flags must be displayed in a respectful manner consistent with 858
1280-the requirements for the United States flag under 36 U.S.C. 859
1281-chapter 10. 860
1282- (b) Types or fuel sources of energy production which may 861
1283-be used, delivered, converted, or supplied by the following 862
1284-entities to serve customers within the association that such 863
1285-entities are authorized to serve: 864
1286- 1. A public utility or an electric utility as defined in 865
1287-s. 366.02; 866
1288- 2. An entity formed under s. 163.01 that generates, sells, 867
1289-or transmits electrical energy; 868
1290- 3. A natural gas utility as defined in s. 366.04(3)(c); 869
1291- 4. A natural gas transmission company as defined in s. 870
1292-368.103; or 871
1293- 5. A Category I liquefied petroleum gas dealer, a Category 872
1294-II liquefied petroleum gas dispenser, or a Category III 873
1295-liquefied petroleum gas c ylinder exchange operator as defined in 874
1296-s. 527.01. 875
1297-ENROLLED
1298-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1271+100 15 miles in length or which do not cross a county line, 850
1272+unless the applicant has elected to apply for certification 851
1273+under ss. 403.9401-403.9425. 852
1274+ (b) Natural gas transmission pipelines for which a 853
1275+certificate of public convenience and necessity has been issued 854
1276+under s. 7(c) of the Natural Gas Act, 15 U.S.C. s. 717f, or a 855
1277+natural gas transmission pipeline certified as an associated 856
1278+facility to an electrical power plant pursuant to the Florida 857
1279+Electrical Power Plant Siting Act, ss. 40 3.501-403.518, unless 858
1280+the applicant elects to apply for certification of that pipeline 859
1281+under ss. 403.9401-403.9425. 860
1282+ (c) Natural gas transmission pipelines that are owned or 861
1283+operated by a municipality or any agency thereof, by any person 862
1284+primarily for the local distribution of natural gas, or by a 863
1285+special district created by special act to distribute natural 864
1286+gas, unless the applicant elects to apply for certification of 865
1287+that pipeline under ss. 403.9401 -403.9425. 866
1288+ Section 18. Subsection (3) of section 72 0.3075, Florida 867
1289+Statutes, is amended to read: 868
1290+ 720.3075 Prohibited clauses in association documents. — 869
1291+ (3) Homeowners' association documents, including 870
1292+declarations of covenants, articles of incorporation, or bylaws, 871
1293+may not preclude: 872
1294+ (a) The display of up to two portable, removable flags as 873
1295+described in s. 720.304(2)(a) by property owners. However, all 874
1296+
1297+CS/CS/HB 1645, Engrossed 1 2024
12991298
13001299
13011300
13021301 CODING: Words stricken are deletions; words underlined are additions.
1303-hb1645-05-er
1304-Page 36 of 38
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13051304 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061305
13071306
13081307
1309- (c) The use of an appliance, including a stove or grill, 876
1310-which uses the types or fuel sources of energy production which 877
1311-may be used, delivered, converted, or supplied by the entities 878
1312-listed in paragraph (b). As used in this paragraph, the term 879
1313-"appliance" means a device or apparatus manufactured and 880
1314-designed to use energy and for which the Florida Building Code 881
1315-or the Florida Fire Prevention Code provides specific 882
1316-requirements. 883
1317- Section 20. (1) The Public Service Commission shall 884
1318-coordinate, develop, and recommend a plan under which an 885
1319-assessment of the security and resiliency of the state's 886
1320-electric grid and natural gas facilities against both physical 887
1321-threats and cyber threats may be conducted. In d eveloping this 888
1322-plan, the commission shall consult with the Division of 889
1323-Emergency Management and, in its assessment of cyber threats, 890
1324-shall consult with the Florida Digital Service. All electric 891
1325-utilities, natural gas utilities, and natural gas pipelines 892
1326-operating in this state shall cooperate with the commission in 893
1327-developing the plan. The plan must address the manner in which 894
1328-information needed to conduct a security and resiliency 895
1329-assessment may be communicated, collected, shared, stored, and 896
1330-adequately protected from disclosure to avoid adverse impacts on 897
1331-the safe and reliable operation of the state's electric grid and 898
1332-natural gas facilities. 899
1333- (2) By January 31, 2025, the commission shall submit its 900
1334-ENROLLED
1335-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1308+flags must be displayed in a respectful manner consistent with 875
1309+the requirements for the United States flag under 36 U.S.C. 876
1310+chapter 10. 877
1311+ (b) Types or fuel sources of energy production which may 878
1312+be used, delivered, converted, or supplied by the following 879
1313+entities to serve customers within the association that such 880
1314+entities are authorized to serve: 881
1315+ 1. A public utility or an electric utility as defined in 882
1316+this chapter; 883
1317+ 2. An entity formed under s. 163.01 that generates, sells, 884
1318+or transmits electrical energy; 885
1319+ 3. A natural gas utility as defined in s. 366.04(3)(c); 886
1320+ 4. A natural gas transmission company as defined in s. 887
1321+368.103; or 888
1322+ 5. A Category I liqu efied petroleum gas dealer, a Category 889
1323+II liquefied petroleum gas dispenser, or a Category III 890
1324+liquefied petroleum gas cylinder exchange operator as defined in 891
1325+s. 527.01. 892
1326+ (c) The use of an appliance, including a stove or grill, 893
1327+which uses the types or fu el sources of energy production which 894
1328+may be used, delivered, converted, or supplied by the entities 895
1329+listed in paragraph (b). As used in this paragraph, the term 896
1330+"appliance" means a device or apparatus manufactured and 897
1331+designed to use energy and for which the Florida Building Code 898
1332+or the Florida Fire Prevention Code provides specific 899
1333+
1334+CS/CS/HB 1645, Engrossed 1 2024
13361335
13371336
13381337
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13421341 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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13441343
13451344
1346-recommended plan to the Governor, the President of the S enate, 901
1347-and the Speaker of the House of Representatives. The plan must 902
1348-include any recommendations for legislation and may include 903
1349-other recommendations as determined by the commission. 904
1350- Section 21. (1) Recognizing the evolution and advances 905
1351-that have occurred and continue to occur in nuclear power 906
1352-technologies, the Public Service Commission shall study and 907
1353-evaluate the technical and economic feasibility of using 908
1354-advanced nuclear power technologies, including small modular 909
1355-reactors, to meet the electrica l power needs of the state, and 910
1356-research means to encourage and foster the installation and use 911
1357-of such technologies at military installations in the state in 912
1358-partnership with public utilities. In conducting this study, the 913
1359-commission shall consult with th e Department of Environmental 914
1360-Protection and the Division of Emergency Management. 915
1361- (2) By April 1, 2025, the commission shall prepare and 916
1362-submit a report to the Governor, the President of the Senate, 917
1363-and the Speaker of the House of Representatives, conta ining its 918
1364-findings and any recommendations for potential legislative or 919
1365-administrative actions that may enhance the use of advanced 920
1366-nuclear technologies in a manner consistent with the energy 921
1367-policy goals in s. 377.601(2), Florida Statutes. 922
1368- Section 22. (1) Recognizing the continued development of 923
1369-technologies that support the use of hydrogen as a 924
1370-transportation fuel and the potential for such use to help meet 925
1371-ENROLLED
1372-CS/CS/HB 1645, Engrossed 2 2024 Legislature
1345+requirements. 900
1346+ Section 19. (1) The Public Service Commission shall 901
1347+coordinate, develop, and recommend a plan under which an 902
1348+assessment of the security and resiliency of the state's 903
1349+electric grid and natural gas facilities against both physical 904
1350+threats and cyber threats may be conducted. In developing this 905
1351+plan, the commission shall consult with the Division of 906
1352+Emergency Management and, in its assessment of cyber threats, 907
1353+shall consult with the Florida Digital Service. All electric 908
1354+utilities, natural gas utilities, and natural gas pipelines 909
1355+operating in this state shall cooperate with the commission in 910
1356+developing the plan. The plan must address the manner in which 911
1357+information needed to conduct a security and resiliency 912
1358+assessment may be communicated, collected, shared, stored, and 913
1359+adequately protected from disclosure to avoid adverse impacts on 914
1360+the safe and reliable operation of the state's electric grid and 915
1361+natural gas facilities. 916
1362+ (2) By January 31, 2025, the commission shall submit its 917
1363+recommended plan to the Governor, the President of the Senate, 918
1364+and the Speaker of the House of Representatives. The plan must 919
1365+include any recommendations for legislation and may include 920
1366+other recommendations as determined by the commission. 921
1367+ Section 20. (1) Recognizing the evolution and advances 922
1368+that have occurred and continue to occur in nuclear power 923
1369+technologies, the Public Service Commission shall study and 924
1370+
1371+CS/CS/HB 1645, Engrossed 1 2024
13731372
13741373
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13791378 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801379
13811380
13821381
1383-the state's energy policy goals in s. 377.601(2), Florida 926
1384-Statutes, the Department of Transpor tation, in consultation with 927
1385-the Office of Energy within the Department of Agriculture and 928
1386-Consumer Services, shall study and evaluate the potential 929
1387-development of hydrogen fueling infrastructure, including 930
1388-fueling stations, to support hydrogen -powered vehicles that use 931
1389-the state highway system. 932
1390- (2) By April 1, 2025, the Department of Transportation 933
1391-shall prepare and submit a report to the Governor, the President 934
1392-of the Senate, and the Speaker of the House of Representatives, 935
1393-containing its findings and a ny recommendations for potential 936
1394-legislative or administrative actions that may accommodate the 937
1395-future development of hydrogen fueling infrastructure in a 938
1396-manner consistent with the energy policy goals in s. 377.601(2), 939
1397-Florida Statutes. 940
1398- Section 23. This act shall take effect July 1, 2024. 941
1382+evaluate the technical and ec onomic feasibility of using 925
1383+advanced nuclear power technologies, including small modular 926
1384+reactors, to meet the electrical power needs of the state, and 927
1385+research means to encourage and foster the installation and use 928
1386+of such technologies at military install ations in the state in 929
1387+partnership with public utilities. In conducting this study, the 930
1388+commission shall consult with the Department of Environmental 931
1389+Protection and the Division of Emergency Management. 932
1390+ (2) By April 1, 2025, the commission shall prepare and 933
1391+submit a report to the Governor, the President of the Senate, 934
1392+and the Speaker of the House of Representatives, containing its 935
1393+findings and any recommendations for potential legislative or 936
1394+administrative actions that may enhance the use of advanced 937
1395+nuclear technologies in a manner consistent with the energy 938
1396+policy goals in s. 377.601(2), Florida Statutes. 939
1397+ Section 21. (1) Recognizing the continued development of 940
1398+technologies that support the use of hydrogen as a 941
1399+transportation fuel and the potential for such use to help meet 942
1400+the state's energy policy goals in s. 377.601(2), Florida 943
1401+Statutes, the Department of Transportation, in consultation with 944
1402+the Office of Energy within the Department of Agriculture and 945
1403+Consumer Services, shall study and evaluate t he potential 946
1404+development of hydrogen fueling infrastructure, including 947
1405+fueling stations, to support hydrogen -powered vehicles that use 948
1406+the state highway system. 949
1407+
1408+CS/CS/HB 1645, Engrossed 1 2024
1409+
1410+
1411+
1412+CODING: Words stricken are deletions; words underlined are additions.
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1414+Page 39 of 39
1415+F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1416+
1417+
1418+
1419+ (2) By April 1, 2025, the Department of Transportation 950
1420+shall prepare and submit a report to t he Governor, the President 951
1421+of the Senate, and the Speaker of the House of Representatives, 952
1422+containing its findings and any recommendations for potential 953
1423+legislative or administrative actions that may accommodate the 954
1424+future development of hydrogen fueling i nfrastructure in a 955
1425+manner consistent with the energy policy goals in s. 377.601(2), 956
1426+Florida Statutes. 957
1427+ Section 22. This act shall take effect July 1, 2024. 958