Bill Summary – FastDemocracy

       Florida Senate - 2024                                     SB 144
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00009-24                                            2024144__
                      A bill to be entitled                      
       An act relating to state renewable energy goals;
       amending s. 366.91, F.S.; revising the definitions of
       the terms “biomass” and “renewable energy”; amending
       s. 377.24, F.S.; prohibiting the drilling or
       exploration for, or production of, oil, gas, or other
       petroleum products in certain locations; amending s.
       377.242, F.S.; prohibiting permitting and construction
       of certain structures intended for the drilling or
       exploration for, or production or transport of, oil,
       gas, or other petroleum products in certain locations;
       amending s. 377.803, F.S.; revising the definition of
       the term “renewable energy”; creating s. 377.821,
       F.S.; providing legislative intent that all
       electricity used in this state be generated by
       renewable energy by a specified date; providing for
       statewide net zero carbon emissions by a specified
       date; directing the Office of Energy within the
       Department of Agriculture and Consumer Services, in
       consultation with other state agencies, Florida
       College System institutions and state universities,
       public utilities, and other private and public
       entities, to develop a unified statewide plan to
       generate the state’s electricity from renewable energy
       and reduce the state’s carbon emissions by specified
       dates; requiring state and public entities to
       cooperate as requested; providing plan requirements;
       requiring the office to submit the plan to the
       Governor and the Legislature by a specified date and
       to provide annual updates; creating s. 377.8225, F.S.;
       creating the Renewable Energy Workforce Development
       Advisory Committee in the Office of Energy; providing
       for committee membership, duties, and meetings;
       defining the term “environmental justice”; directing
       the Commissioner of Agriculture to prepare and submit
       a specified annual report to the Legislature by a
       specified date; reenacting and amending s. 288.9606,
       F.S.; correcting a grammatical error; reenacting ss.
       366.92(2)(b), 373.236(7), and 403.973(3)(e) and
       (18)(b), F.S., relating to the Florida renewable
       energy policy, the duration of permits, and expedited
       permitting and comprehensive plans, respectively, to
       incorporate the amendments made to s. 366.91, F.S, in
       references thereto; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Paragraphs (b) and (e) of subsection (2) of
section 366.91, Florida Statutes, are amended to read:
       366.91 Renewable energy.—
       (2) As used in this section, the term:
       (b) “Biomass” means a power source that consists is
comprised of, but is not limited to, combustible residues or
gases from forest products manufacturing;, waste or coproducts,
byproducts, or products from agricultural and orchard crops;,
waste or coproducts from livestock and poultry operations;,
waste or byproducts from food processing;, urban wood waste;
separated, municipal food, yard, or solid waste; or, municipal
liquid waste treatment operations, and landfill gas.
       (e) “Renewable energy” means electrical energy produced
from a method that uses one or more of the following fuels or
energy sources: hydrogen produced or resulting from sources
other than fossil fuels, biomass, solar energy, geothermal
energy, wind energy, ocean energy, and hydroelectric power. The
term includes the alternative energy resource, waste heat, from
sulfuric acid manufacturing operations and electrical energy
produced using pipeline-quality synthetic gas produced from
waste petroleum coke with carbon capture and sequestration.
       Section 2. Subsection (10) is added to section 377.24,
Florida Statutes, to read:
       377.24 Notice of intention to drill well; permits;
abandoned wells and dry holes.—
       (10) Notwithstanding this section, this chapter, or other
laws, without exception, the drilling or exploration for, or
production of, oil, gas, or other petroleum products is
prohibited on state lands and waters of the state.
       Section 3. Section 377.242, Florida Statutes, is amended to
read:
       377.242 Permits for drilling or exploring and extracting
through well holes or by other means.—The department is vested
with the power and authority:
       (1)(a) To issue permits for the drilling for, exploring
for, or production of oil, gas, or other petroleum products
which are to be extracted from below the surface of the land,
including submerged land, only through the well hole drilled for
oil, gas, and other petroleum products.
       1. A No structure intended for the drilling for, or
production of, oil, gas, or other petroleum products may not be
permitted or constructed on any submerged land within any bay or
estuary.
       2. A No structure intended for the drilling for, or
production of, oil, gas, or other petroleum products may not be
permitted or constructed within 1 mile seaward of the coastline
of the state.
       3. A No structure intended for the drilling for, or
production of, oil, gas, or other petroleum products may not be
permitted or constructed within 1 mile of the seaward boundary
of any state, local, or federal park or aquatic or wildlife
preserve or on the surface of a freshwater lake, river, or
stream.
       4. A No structure intended for the drilling for, or
production of, oil, gas, or other petroleum products may not be
permitted or constructed within 1 mile inland from the shoreline
of the Gulf of Mexico, the Atlantic Ocean, or any bay or estuary
or within 1 mile of any freshwater lake, river, or stream unless
the department is satisfied that the natural resources of such
bodies of water and shore areas of the state will be adequately
protected in the event of accident or blowout.
       5. Without exception, after July 1, 1989, a no structure
intended for the drilling for, or production of, oil, gas, or
other petroleum products may not be permitted or constructed
south of 26°00′00″ north latitude off Florida’s west coast and
south of 27°00′00″ north latitude off Florida’s east coast,
within the boundaries of Florida’s territorial seas as defined
in 43 U.S.C. s. 1301. After July 31, 1990, a no structure
intended for the drilling for, or production of, oil, gas, or
other petroleum products may not be permitted or constructed
north of 26°00′00″ north latitude off Florida’s west coast to
the western boundary of the state bordering Alabama as set forth
in s. 1, Art. II of the State Constitution, or located north of
27°00′00″ north latitude off Florida’s east coast to the
northern boundary of the state bordering Georgia as set forth in
s. 1, Art. II of the State Constitution, within the boundaries
of Florida’s territorial seas as defined in 43 U.S.C. s. 1301.
       (b) Subparagraphs (a)1. and 4. do not apply to permitting
or construction of structures intended for the drilling for, or
production of, oil, gas, or other petroleum products pursuant to
an oil, gas, or mineral lease of such lands by the state under
which lease any valid drilling permits are in effect on the
effective date of this act. If In the event that such permits
contain conditions or stipulations, such conditions and
stipulations shall govern and supersede subparagraphs (a)1. and
4.
       (c) The prohibitions of subparagraphs (a)1.-4. in this
subsection do not include “infield gathering lines,” provided no
other placements are not placement is reasonably available and
all other required permits have been obtained.
       (2) To issue permits to explore for and extract minerals
which are subject to extraction from the land by means other
than through a well hole.
       (3) To issue permits to establish natural gas storage
facilities or construct wells for the injection and recovery of
any natural gas for storage in natural gas storage reservoirs.

Each permit shall contain an agreement by the permitholder that
the permitholder will not prevent inspection by division
personnel at any time. The provisions of this section
prohibiting permits for drilling or exploring for oil in coastal
waters do not apply to any leases entered into before June 7,
1991. Notwithstanding this section, this chapter, or other laws,
without exception, beginning July 1, 2024, a structure intended
for the drilling or exploration for, or production or transport
of, oil, gas, or other petroleum products may not be permitted
or constructed on state lands or waters of the state.
       Section 4. Subsection (4) of section 377.803, Florida
Statutes, is amended to read:
       377.803 Definitions.—As used in ss. 377.801-377.804, the
term:
       (4) “Renewable energy” means electrical, mechanical, or
thermal energy produced from a method that uses one or more of
the following fuels or energy sources: hydrogen, biomass, as
defined in s. 366.91, solar energy, geothermal energy, wind
energy, ocean energy, tidal energy waste heat, or hydroelectric
power.
       Section 5. Section 377.821, Florida Statutes, is created to
read:
       377.821 State renewable energy goals.—
       (1) By 2050, the Legislature intends for 100 percent of the
electricity used in this state to be generated from 100 percent
renewable energy as defined in s. 377.803. By 2051, the
Legislature intends for the state to have net zero carbon
emissions statewide.
       (2) Achieving 100 percent renewable energy generation is
intended to provide unique benefits to the state, including all
of the following:
       (a) Displacing fossil fuel consumption within this state.
       (b) Adding new electrical generating facilities.
       (c) Reducing air pollution, particularly criteria pollutant
emissions and toxic air contaminants.
       (d) Contributing to the safe and reliable operation of the
electrical grid, including providing predictable electrical
supply, voltage support, lower line losses, and congestion
relief.
       (e) Enhancing economic development and job creation in the
clean energy industry.
       (3) The Office of Energy within the Department of
Agriculture and Consumer Services, in consultation with other
state agencies, Florida College System institutions and state
universities, public utilities, and other private and public
entities, shall develop a unified statewide plan to generate 100
percent of the state’s electricity from renewable energy by 2050
and reduce the state’s carbon emissions to net zero by 2051. All
public agencies, Florida College System institutions and state
universities, and public utilities shall cooperate with the
office as requested.
       (4) The plan must do all of the following:
       (a) Include interim goals to reach 50 percent renewable
energy statewide by 2040, 40 percent reduction in carbon
emissions statewide by 2030, and 80 percent reduction in carbon
emissions statewide by 2041.
       (b) Require:
       1. All private coal-fired and oil-fired electric generating
units to reach zero carbon emissions by 2030.
       2. All private natural gas-fired units to reach zero carbon
emissions by 2045, prioritizing reductions by those with higher
rates of emissions and those in and near environmental justice
communities.
       3. All municipal natural gas-fired units to reach zero
carbon emissions by 2045, unless the units are converted to
green hydrogen or similar technology that can achieve zero
carbon emissions.
       4. All units that use combined heat and power or
cogeneration technology to reach zero carbon emissions by 2045,
unless the units are converted to green hydrogen or similar
technology that can achieve zero carbon emissions.
       (c) Provide recommendations for creating:
       1. A coal-to-solar program to support the transition of
coal-fired power plants to renewable energy facilities.
       2. A commission on market-based carbon pricing solutions.
       3. An electric generation task force to investigate carbon
capture and sequestration.
       (d) Consider the potential impact of existing and
additional renewable energy incentives and programs with an
emphasis on solar and distributed resources, including energy
storage. The plan must also consider the impact of power
purchase agreements on attaining 100 percent renewable energy
generation. The office shall submit the statewide plan outlining
potential strategies to reach the goals of this section to the
Governor, the President of the Senate, and the Speaker of the
House of Representatives by January 1, 2025, and shall provide
updates on the progress of achieving the state’s renewable
energy goals each January 1 thereafter.
       Section 6. Section 377.8225, Florida Statutes, is created
to read:
       377.8225 Renewable Energy Workforce Development Advisory
Committee.—
       (1)(a) The Renewable Energy Workforce Development Advisory
Committee, a committee as defined in s. 20.03, is created in the
Office of Energy within the Department of Agriculture and
Consumer Services and consists of 13 members, all of whom are
appointed by the Commissioner of Agriculture. The appointees
shall include one representative of the Department of
Agriculture and Consumer Services and one representative of the
Department of Commerce, who shall serve as co-chairs of the
advisory committee; one representative of the Department of
Environmental Protection; one representative of the Department
of Education; two representatives of state universities or
colleges with programs or research focused on renewable energy;
and one representative from each of the following:
       1. The Florida AFL-CIO.
       2. The Florida Building and Construction Trades Council.
       3. An organization serving environmental justice
communities. For purposes of this section, the term
“environmental justice” means the fair treatment and meaningful
involvement of all people, regardless of race, color, national
origin, or income, in matters concerning the development,
implementation, and enforcement of environmental laws,
regulations, and policies.
       4. A renewable energy business.
       5. An occupational training organization.
       6. An economic development organization.
       7. A community development organization.

In making these appointments, the commissioner shall consider
the places of residence of the members to ensure statewide
representation.
       (b) The term of office of each member of the advisory
committee is 2 years and shall be staggered.
       (c) In case of a vacancy on the advisory committee, the
commissioner shall appoint a successor member for the unexpired
portion of the term.
       (d) The members of the advisory committee shall serve
without compensation while in the performance of their official
duties.
       (2) The advisory committee shall:
       (a) Develop, in consultation with the Department of
Commerce, recommendations for a displaced energy workers bill of
rights to provide state support to transitioning energy sector
workers. Once the advisory committee is satisfied with the
recommendations for developing the program, it shall submit the
recommendations to the commissioner for inclusion in the annual
report under subsection (4).
       (b) Develop, in consultation with the Department of
Corrections, recommendations for a returning residents clean
jobs training program to provide training for careers in the
clean energy sector to individuals who are currently
incarcerated. Once the advisory committee is satisfied with the
recommendations for developing the program, it shall submit the
recommendations to the commissioner for inclusion in the annual
report under subsection (4).
       (c) Develop, in consultation with the Department of
Education, recommendations for an