Florida Senate - 2024 SB 144 By Senator Berman 26-00009-24 2024144__ 1 A bill to be entitled 2 An act relating to state renewable energy goals; 3 amending s. 366.91, F.S.; revising the definitions of 4 the terms biomass and renewable energy; amending 5 s. 377.24, F.S.; prohibiting the drilling or 6 exploration for, or production of, oil, gas, or other 7 petroleum products in certain locations; amending s. 8 377.242, F.S.; prohibiting permitting and construction 9 of certain structures intended for the drilling or 10 exploration for, or production or transport of, oil, 11 gas, or other petroleum products in certain locations; 12 amending s. 377.803, F.S.; revising the definition of 13 the term renewable energy; creating s. 377.821, 14 F.S.; providing legislative intent that all 15 electricity used in this state be generated by 16 renewable energy by a specified date; providing for 17 statewide net zero carbon emissions by a specified 18 date; directing the Office of Energy within the 19 Department of Agriculture and Consumer Services, in 20 consultation with other state agencies, Florida 21 College System institutions and state universities, 22 public utilities, and other private and public 23 entities, to develop a unified statewide plan to 24 generate the states electricity from renewable energy 25 and reduce the states carbon emissions by specified 26 dates; requiring state and public entities to 27 cooperate as requested; providing plan requirements; 28 requiring the office to submit the plan to the 29 Governor and the Legislature by a specified date and 30 to provide annual updates; creating s. 377.8225, F.S.; 31 creating the Renewable Energy Workforce Development 32 Advisory Committee in the Office of Energy; providing 33 for committee membership, duties, and meetings; 34 defining the term environmental justice; directing 35 the Commissioner of Agriculture to prepare and submit 36 a specified annual report to the Legislature by a 37 specified date; reenacting and amending s. 288.9606, 38 F.S.; correcting a grammatical error; reenacting ss. 39 366.92(2)(b), 373.236(7), and 403.973(3)(e) and 40 (18)(b), F.S., relating to the Florida renewable 41 energy policy, the duration of permits, and expedited 42 permitting and comprehensive plans, respectively, to 43 incorporate the amendments made to s. 366.91, F.S, in 44 references thereto; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1.Paragraphs (b) and (e) of subsection (2) of 49 section 366.91, Florida Statutes, are amended to read: 50 366.91Renewable energy. 51 (2)As used in this section, the term: 52 (b)Biomass means a power source that consists is 53 comprised of, but is not limited to, combustible residues or 54 gases from forest products manufacturing;, waste or coproducts, 55 byproducts, or products from agricultural and orchard crops;, 56 waste or coproducts from livestock and poultry operations;, 57 waste or byproducts from food processing;, urban wood waste; 58 separated, municipal food, yard, or solid waste; or, municipal 59 liquid waste treatment operations, and landfill gas. 60 (e)Renewable energy means electrical energy produced 61 from a method that uses one or more of the following fuels or 62 energy sources: hydrogen produced or resulting from sources 63 other than fossil fuels, biomass, solar energy, geothermal 64 energy, wind energy, ocean energy, and hydroelectric power. The 65 term includes the alternative energy resource, waste heat, from 66 sulfuric acid manufacturing operations and electrical energy 67 produced using pipeline-quality synthetic gas produced from 68 waste petroleum coke with carbon capture and sequestration. 69 Section 2.Subsection (10) is added to section 377.24, 70 Florida Statutes, to read: 71 377.24Notice of intention to drill well; permits; 72 abandoned wells and dry holes. 73 (10)Notwithstanding this section, this chapter, or other 74 laws, without exception, the drilling or exploration for, or 75 production of, oil, gas, or other petroleum products is 76 prohibited on state lands and waters of the state. 77 Section 3.Section 377.242, Florida Statutes, is amended to 78 read: 79 377.242Permits for drilling or exploring and extracting 80 through well holes or by other means.The department is vested 81 with the power and authority: 82 (1)(a)To issue permits for the drilling for, exploring 83 for, or production of oil, gas, or other petroleum products 84 which are to be extracted from below the surface of the land, 85 including submerged land, only through the well hole drilled for 86 oil, gas, and other petroleum products. 87 1.A No structure intended for the drilling for, or 88 production of, oil, gas, or other petroleum products may not be 89 permitted or constructed on any submerged land within any bay or 90 estuary. 91 2.A No structure intended for the drilling for, or 92 production of, oil, gas, or other petroleum products may not be 93 permitted or constructed within 1 mile seaward of the coastline 94 of the state. 95 3.A No structure intended for the drilling for, or 96 production of, oil, gas, or other petroleum products may not be 97 permitted or constructed within 1 mile of the seaward boundary 98 of any state, local, or federal park or aquatic or wildlife 99 preserve or on the surface of a freshwater lake, river, or 100 stream. 101 4.A No structure intended for the drilling for, or 102 production of, oil, gas, or other petroleum products may not be 103 permitted or constructed within 1 mile inland from the shoreline 104 of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary 105 or within 1 mile of any freshwater lake, river, or stream unless 106 the department is satisfied that the natural resources of such 107 bodies of water and shore areas of the state will be adequately 108 protected in the event of accident or blowout. 109 5.Without exception, after July 1, 1989, a no structure 110 intended for the drilling for, or production of, oil, gas, or 111 other petroleum products may not be permitted or constructed 112 south of 260000 north latitude off Floridas west coast and 113 south of 270000 north latitude off Floridas east coast, 114 within the boundaries of Floridas territorial seas as defined 115 in 43 U.S.C. s. 1301. After July 31, 1990, a no structure 116 intended for the drilling for, or production of, oil, gas, or 117 other petroleum products may not be permitted or constructed 118 north of 260000 north latitude off Floridas west coast to 119 the western boundary of the state bordering Alabama as set forth 120 in s. 1, Art. II of the State Constitution, or located north of 121 270000 north latitude off Floridas east coast to the 122 northern boundary of the state bordering Georgia as set forth in 123 s. 1, Art. II of the State Constitution, within the boundaries 124 of Floridas territorial seas as defined in 43 U.S.C. s. 1301. 125 (b)Subparagraphs (a)1. and 4. do not apply to permitting 126 or construction of structures intended for the drilling for, or 127 production of, oil, gas, or other petroleum products pursuant to 128 an oil, gas, or mineral lease of such lands by the state under 129 which lease any valid drilling permits are in effect on the 130 effective date of this act. If In the event that such permits 131 contain conditions or stipulations, such conditions and 132 stipulations shall govern and supersede subparagraphs (a)1. and 133 4. 134 (c)The prohibitions of subparagraphs (a)1.-4. in this 135 subsection do not include infield gathering lines, provided no 136 other placements are not placement is reasonably available and 137 all other required permits have been obtained. 138 (2)To issue permits to explore for and extract minerals 139 which are subject to extraction from the land by means other 140 than through a well hole. 141 (3)To issue permits to establish natural gas storage 142 facilities or construct wells for the injection and recovery of 143 any natural gas for storage in natural gas storage reservoirs. 144 145 Each permit shall contain an agreement by the permitholder that 146 the permitholder will not prevent inspection by division 147 personnel at any time. The provisions of this section 148 prohibiting permits for drilling or exploring for oil in coastal 149 waters do not apply to any leases entered into before June 7, 150 1991. Notwithstanding this section, this chapter, or other laws, 151 without exception, beginning July 1, 2024, a structure intended 152 for the drilling or exploration for, or production or transport 153 of, oil, gas, or other petroleum products may not be permitted 154 or constructed on state lands or waters of the state. 155 Section 4.Subsection (4) of section 377.803, Florida 156 Statutes, is amended to read: 157 377.803Definitions.As used in ss. 377.801-377.804, the 158 term: 159 (4)Renewable energy means electrical, mechanical, or 160 thermal energy produced from a method that uses one or more of 161 the following fuels or energy sources: hydrogen, biomass, as 162 defined in s. 366.91, solar energy, geothermal energy, wind 163 energy, ocean energy, tidal energy waste heat, or hydroelectric 164 power. 165 Section 5.Section 377.821, Florida Statutes, is created to 166 read: 167 377.821State renewable energy goals. 168 (1)By 2050, the Legislature intends for 100 percent of the 169 electricity used in this state to be generated from 100 percent 170 renewable energy as defined in s. 377.803. By 2051, the 171 Legislature intends for the state to have net zero carbon 172 emissions statewide. 173 (2)Achieving 100 percent renewable energy generation is 174 intended to provide unique benefits to the state, including all 175 of the following: 176 (a)Displacing fossil fuel consumption within this state. 177 (b)Adding new electrical generating facilities. 178 (c)Reducing air pollution, particularly criteria pollutant 179 emissions and toxic air contaminants. 180 (d)Contributing to the safe and reliable operation of the 181 electrical grid, including providing predictable electrical 182 supply, voltage support, lower line losses, and congestion 183 relief. 184 (e)Enhancing economic development and job creation in the 185 clean energy industry. 186 (3)The Office of Energy within the Department of 187 Agriculture and Consumer Services, in consultation with other 188 state agencies, Florida College System institutions and state 189 universities, public utilities, and other private and public 190 entities, shall develop a unified statewide plan to generate 100 191 percent of the states electricity from renewable energy by 2050 192 and reduce the states carbon emissions to net zero by 2051. All 193 public agencies, Florida College System institutions and state 194 universities, and public utilities shall cooperate with the 195 office as requested. 196 (4)The plan must do all of the following: 197 (a)Include interim goals to reach 50 percent renewable 198 energy statewide by 2040, 40 percent reduction in carbon 199 emissions statewide by 2030, and 80 percent reduction in carbon 200 emissions statewide by 2041. 201 (b)Require: 202 1.All private coal-fired and oil-fired electric generating 203 units to reach zero carbon emissions by 2030. 204 2.All private natural gas-fired units to reach zero carbon 205 emissions by 2045, prioritizing reductions by those with higher 206 rates of emissions and those in and near environmental justice 207 communities. 208 3.All municipal natural gas-fired units to reach zero 209 carbon emissions by 2045, unless the units are converted to 210 green hydrogen or similar technology that can achieve zero 211 carbon emissions. 212 4.All units that use combined heat and power or 213 cogeneration technology to reach zero carbon emissions by 2045, 214 unless the units are converted to green hydrogen or similar 215 technology that can achieve zero carbon emissions. 216 (c)Provide recommendations for creating: 217 1.A coal-to-solar program to support the transition of 218 coal-fired power plants to renewable energy facilities. 219 2.A commission on market-based carbon pricing solutions. 220 3.An electric generation task force to investigate carbon 221 capture and sequestration. 222 (d)Consider the potential impact of existing and 223 additional renewable energy incentives and programs with an 224 emphasis on solar and distributed resources, including energy 225 storage. The plan must also consider the impact of power 226 purchase agreements on attaining 100 percent renewable energy 227 generation. The office shall submit the statewide plan outlining 228 potential strategies to reach the goals of this section to the 229 Governor, the President of the Senate, and the Speaker of the 230 House of Representatives by January 1, 2025, and shall provide 231 updates on the progress of achieving the states renewable 232 energy goals each January 1 thereafter. 233 Section 6.Section 377.8225, Florida Statutes, is created 234 to read: 235 377.8225Renewable Energy Workforce Development Advisory 236 Committee. 237 (1)(a)The Renewable Energy Workforce Development Advisory 238 Committee, a committee as defined in s. 20.03, is created in the 239 Office of Energy within the Department of Agriculture and 240 Consumer Services and consists of 13 members, all of whom are 241 appointed by the Commissioner of Agriculture. The appointees 242 shall include one representative of the Department of 243 Agriculture and Consumer Services and one representative of the 244 Department of Commerce, who shall serve as co-chairs of the 245 advisory committee; one representative of the Department of 246 Environmental Protection; one representative of the Department 247 of Education; two representatives of state universities or 248 colleges with programs or research focused on renewable energy; 249 and one representative from each of the following: 250 1.The Florida AFL-CIO. 251 2.The Florida Building and Construction Trades Council. 252 3.An organization serving environmental justice 253 communities. For purposes of this section, the term 254 environmental justice means the fair treatment and meaningful 255 involvement of all people, regardless of race, color, national 256 origin, or income, in matters concerning the development, 257 implementation, and enforcement of environmental laws, 258 regulations, and policies. 259 4.A renewable energy business. 260 5.An occupational training organization. 261 6.An economic development organization. 262 7.A community development organization. 263 264 In making these appointments, the commissioner shall consider 265 the places of residence of the members to ensure statewide 266 representation. 267 (b)The term of office of each member of the advisory 268 committee is 2 years and shall be staggered. 269 (c)In case of a vacancy on the advisory committee, the 270 commissioner shall appoint a successor member for the unexpired 271 portion of the term. 272 (d)The members of the advisory committee shall serve 273 without compensation while in the performance of their official 274 duties. 275 (2)The advisory committee shall: 276 (a)Develop, in consultation with the Department of 277 Commerce, recommendations for a displaced energy workers bill of 278 rights to provide state support to transitioning energy sector 279 workers. Once the advisory committee is satisfied with the 280 recommendations for developing the program, it shall submit the 281 recommendations to the commissioner for inclusion in the annual 282 report under subsection (4). 283 (b)Develop, in consultation with the Department of 284 Corrections, recommendations for a returning residents clean 285 jobs training program to provide training for careers in the 286 clean energy sector to individuals who are currently 287 incarcerated. Once the advisory committee is satisfied with the 288 recommendations for developing the program, it shall submit the 289 recommendations to the commissioner for inclusion in the annual 290 report under subsection (4). 291 (c)Develop, in consultation with the Department of 292 Education, recommendations for an energy transition navigators 293 program to provide education, outreach, and recruitment to 294 equity-focused populations to promote awareness of workforce 295 development programs. Once the advisory committee is satisfied 296 with the recommendations for developing the program, it shall 297 submit the recommendations to the commissioner for inclusion in 298 the annual report under subsection (4). 299 (d)1.Identify those workers currently employed in the 300 energy sector and their current training requirements. The 301 advisory committee shall identify the employment potential of 302 the energy efficiency industry and the renewable energy industry 303 and the skills and training needed for workers in those 304 industries, and make recommendations to the commissioner for 305 policies to promote employment growth and access to jobs in 306 those fields. Recommendations of the advisory committee may not 307 reduce the training required for renewable energy jobs. The 308 advisory committee shall prioritize maximizing employment 309 opportunities for residents of environmental justice 310 communities, minorities, women, and workers displaced in the 311 transition to renewable energy. 312 2.By January 1, 2025, the advisory committee shall 313 establish a target for the number of residents working in the 314 renewable energy industry by 2028. The advisory committee shall 315 also establish a target for the number of renewable energy 316 industry jobs held by residents of environmental justice 317 communities, proportional to the percentage of residents who 318 live in environmental justice communities, and the number of 319 those jobs held by workers displaced in the transition to 320 renewable energy. The advisory committee shall create similar 321 targets for each subsequent 5-year period. 322 3.The advisory committee shall submit an annual report to 323 the commissioner recommending changes to existing state policies 324 and programs to meet the targets set forth in subparagraph 2. 325 (3)The advisory committee shall meet at least three times 326 annually to review progress in expanding renewable energy 327 employment. These meetings must be open to members of the public 328 and must provide opportunities for public comment. At least one 329 of these meetings must be held in an environmental justice 330 community each year. 331 (4)The commissioner shall prepare a report on the findings 332 and recommendations of the advisory committee and submit the 333 report to the President of the Senate and the Speaker of the 334 House of Representatives by January 1, 2025, and each January 1 335 thereafter. 336 Section 7.Subsection (7) of section 288.9606, Florida 337 Statutes, is reenacted and amended to read: 338 288.9606Issue of revenue bonds. 339 (7)Notwithstanding any provision of this section, the 340 corporation in its corporate capacity may, without authorization 341 from a public agency under s. 163.01(7), issue revenue bonds or 342 other evidence of indebtedness under this section to: 343 (a)Finance the undertaking of any project within the state 344 that promotes renewable energy as defined in s. 366.91 or s. 345 377.803; 346 (b)Finance the undertaking of any project within the state 347 that is a project contemplated or allowed under s. 406 of the 348 American Recovery and Reinvestment Act of 2009; or 349 (c)If permitted by federal law, finance qualifying 350 improvement projects within the state under s. 163.08; or. 351 (d)Finance the costs of acquisition or construction of a 352 transportation facility by a private entity or consortium of 353 private entities under a public-private partnership agreement 354 authorized by s. 334.30. 355 Section 8.For the purpose of incorporating the amendment 356 made by this act to section 366.91, Florida Statutes, in a 357 reference thereto, paragraph (b) of subsection (2) of section 358 366.92, Florida Statutes, is reenacted to read: 359 366.92Florida renewable energy policy. 360 (2)As used in this section, the term: 361 (b)Renewable energy includes renewable energy and 362 renewable natural gas as those terms are defined in s. 363 366.91(2). 364 Section 9.For the purpose of incorporating the amendment 365 made by this act to section 366.91, Florida Statutes, in a 366 reference thereto, subsection (7) of section 373.236, Florida 367 Statutes, is reenacted to read: 368 373.236Duration of permits; compliance reports. 369 (7)A permit approved for a renewable energy generating 370 facility or the cultivation of agricultural products on lands 371 consisting of 1,000 acres or more for use in the production of 372 renewable energy, as defined in s. 366.91(2)(e), shall be 373 granted for a term of at least 25 years at the applicants 374 request based on the anticipated life of the facility if there 375 is sufficient data to provide reasonable assurance that the 376 conditions for permit issuance will be met for the duration of 377 the permit; otherwise, a permit may be issued for a shorter 378 duration that reflects the longest period for which such 379 reasonable assurances are provided. Such a permit is subject to 380 compliance reports under subsection (4). 381 Section 10.For the purpose of incorporating the amendment 382 made by this act to section 366.91, Florida Statutes, in 383 references thereto, paragraph (e) of subsection (3) and 384 paragraph (b) of subsection (18) of section 403.973, Florida 385 Statutes, are reenacted to read: 386 403.973Expedited permitting; amendments to comprehensive 387 plans. 388 (3) 389 (e)Projects resulting in the production of biofuels 390 cultivated on lands that are 1,000 acres or more or in the 391 construction of a biofuel or biodiesel processing facility or a 392 facility generating renewable energy, as defined in s. 393 366.91(2)(e), are eligible for the expedited permitting process. 394 (18)The following projects are ineligible for review under 395 this part: 396 (b)A project, the primary purpose of which is to: 397 1.Effect the final disposal of solid waste, biomedical 398 waste, or hazardous waste in this state. 399 2.Produce electrical power, unless the production of 400 electricity is incidental and not the primary function of the 401 project or the electrical power is derived from a fuel source 402 for renewable energy as defined in s. 366.91(2)(e). 403 3.Extract natural resources. 404 4.Produce oil. 405 5.Construct, maintain, or operate an oil, petroleum, or 406 sewage pipeline. 407 Section 11.This act shall take effect July 1, 2024.