Florida Senate - 2021 SB 136



By Senator Brandes





24-00347-21 2021136__
1 A bill to be entitled
2 An act relating to the Energy 2040 Task Force;
3 creating the Energy 2040 Task Force within the Public
4 Service Commission; specifying the purpose of the task
5 force; requiring the task force to make
6 recommendations, giving consideration to certain
7 topics; requiring the commission to provide
8 administrative and support services; specifying the
9 task force membership; authorizing the task force to
10 establish advisory committees; specifying that the
11 task force and any advisory committee members will
12 serve without compensation, but are entitled to per
13 diem and travel expenses; requiring that state
14 agencies assist and cooperate with the task force and
15 any advisory committees; specifying that appointments
16 to the task force be made by a certain date;
17 specifying the first meeting of the task force;
18 specifying the process for filling vacancies;
19 specifying quorum and voting procedures; requiring the
20 task force to submit recommendations to the Governor
21 and the Legislature by a specified date; providing an
22 expiration date; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. (1) The Energy 2040 Task Force, a task force as
27 defined in s. 20.03(8), Florida Statutes, is created within the
28 Public Service Commission to project this state’s electric
29 energy needs over the next 19 years and determine how best to
30 meet those needs in an efficient, affordable, and reliable
31 manner while increasing competition and consumer choice and
32 ensuring adequate electric reserves.
33 (2) Based on these projections and determinations, the task
34 force shall recommend appropriate electric policies for the
35 state, including any necessary statutory changes. In making its
36 projections and determinations, the task force shall consider
37 all relevant topics, including, but not limited to:
38 (a) Forecasts through the year 2040 of this state’s
39 population growth, electricity needs, and electric supply and
40 the expected diversity of fuels and their sources for use in
41 this state.
42 (b) Projections of the effects of allowing nonutility
43 retail sales of renewable energy, including determinations and
44 recommendations on what types of fuels and technologies should
45 be included in the definition of the term “renewable energy” and
46 what criteria, including restrictions, should be required of
47 entities considered nonutility retail renewable energy
48 producers. For purposes of this section, solar technologies are
49 considered renewable energy.
50 (c) The rights of and obligations between a nonutility
51 direct retail renewable energy producer and its customers,
52 including whether such rights and obligations should be a matter
53 of contract or subject to oversight or regulation by the Public
54 Service Commission and whether the courts or the commission
55 should resolve any disputes.
56 (d) The effects of nonutility direct retail renewable
57 energy sales on regulated public utilities’ recovery of
58 previously incurred or sunken costs, including what mechanisms
59 should be used to recover these costs.
60 (e) The effects of nonutility direct retail renewable
61 energy sales on a regulated public utility’s obligation to serve
62 all users of electricity within its service territory and these
63 customers’ continued purchase of any services from the regulated
64 public utility.
65 (f) Projections of the effects of allowing the use of micro
66 grids, including services provided by nonutility entities, on
67 energy grid reliability and what economic, safety, or
68 reliability regulations should apply to nonutility operators of
69 micro grids.
70 (g) Emerging and projected electric technologies and
71 concepts, including, but not limited to:
72 1. Solar and other renewable energy;
73 2. Sustainable energy;
74 3. Smart grid technology;
75 4. Energy storage;
76 5. Electric vehicles, including their potential impact on
77 power supply needs and overall emissions;
78 6. Distributed generation technologies, including their
79 potential contribution to reliable electric supplies and their
80 impact on this state, its environment, and its electric
81 policies; and
82 7. Storm hardening of this state’s electric power
83 transmission and distribution systems.
84 (h) Analysis of the impacts of state and local taxes on
85 government revenues and the electric supply.
86 (i) The environmental impact of electricity production,
87 generation, and transmission in this state.
88 (3) The Public Service Commission shall provide
89 administrative and support services related to the functions of
90 the task force and any of its advisory committees.
91 (4) The task force consists of the following members:
92 (a) The Public Counsel, or his or her designee, who shall
93 serve as the chair of the task force;
94 (b) The executive director of the Public Service
95 Commission, or his or her designee;
96 (c) The chair of the Florida Energy Systems Consortium, or
97 his or her designee;
98 (d) The chief executive officer of the Florida Reliability
99 Coordinating Council, or his or her designee; and
100 (e) Two members of the Senate and two members of the House
101 of Representatives, appointed by the President of the Senate and
102 the Speaker of the House of Representatives, respectively.
103 (5) The task force may establish any necessary technical
104 advisory committees and appoint task force members to those
105 committees.
106 (6) The task force members and any advisory committee
107 members shall serve without compensation, but are entitled to
108 per diem and travel expenses pursuant to s. 112.061, Florida
109 Statutes.
110 (7) All state agencies shall assist and cooperate with the
111 task force as requested by the task force or any of its advisory
112 committees.
113 (8) Appointments to the task force pursuant to subsection
114 (4) must be made by July 1, 2021, and the first meeting of the
115 task force must be held by August 1, 2021. Any vacancy occurring
116 in the membership of the task force is to be filled in the same
117 manner as the original appointment. The task force may not meet
118 or take any action without a quorum present, which is a minimum
119 of five members. Each member of the task force is entitled to
120 one vote, and any recommendation or other action of the task
121 force must be upon a majority vote of the entire membership of
122 the task force.
123 (9) The task force shall submit its recommendations to the
124 Governor, the President of the Senate, and the Speaker of the
125 House of Representatives by January 1, 2023.
126 (10) This section expires on June 30, 2023.
127 Section 2. This act shall take effect upon becoming a law.