Bill Summary – FastDemocracy

The Florida Senate
                    BILL ANALYSIS AND FISCAL IMPACT STATEMENT
                (This document is based on the provisions contained in the legislation as of the latest date listed below.)
                             Prepared By: The Professional Staff of the Committee on Education
BILL:             SB 188
INTRODUCER:       Senator Berman
SUBJECT:          Solar Energy Systems Located On the Property of an Educational Facility
DATE:             March 1, 2021                   REVISED:
           ANALYST                      STAFF DIRECTOR                 REFERENCE                                 ACTION
1. Jahnke                             Bouck                                 ED              Fav
2.                                                                         AED
3.                                                                          AP
    I.    Summary:
          SB 188 amends s. 1013.44, F.S., to exclude any costs associated with a solar energy system that
          is located on the property of an educational facility from the total cost per student station for new
          construction.
          The bill has no impact on state revenues or expenditures.
          The bill takes effect July 1, 2021.
    II.   Present Situation:
          Solar Energy Systems in Schools
          Under current law, school districts are encouraged to invest in energy conservation measures
          including the use of “renewable energy systems, such as solar, biomass, and wind.”1 Florida law
          defines “solar energy system” as “the equipment and requisite hardware that provide and are
          used for collecting, transferring, converting, storing, or using incident solar energy for water
          heating, space heating, cooling, or other applications that would otherwise require the use of a
          conventional source of energy such as petroleum products, natural gas, manufactured gas, or
          electricity.”2 For hot water systems in newly-constructed educational facilities, Florida law
          requires that each school facility with a demand for hot water exceeding 1,000 gallons a day be
          constructed with a solar energy system as the primary energy source so long as it is physically
          and economically feasible. The solar energy system must also provide at least 65 percent of the
          facility’s estimated needs.3
1
  Section 1013.23, F.S.
2
  Section 212.02(26), F.S.
3
  Section 1013.44(2), F.S.
BILL:   SB 188                                                                                                  Page 2
         School Construction
         Florida school construction is guided by three major authorities. The Florida Building Code
         governs all construction in the state and is administered by the Florida Building Commission at
         the Florida Department of Business and Professional Regulation. The Florida Fire Prevention
         Code is administered by the Division of State Fire Marshal, Florida Department of Financial
         Services. Finally, the State Requirements for Educational Facilities (SREF) is maintained by the
         Department of Education. The requirements of the three authorities tend to increase the cost of
         construction in the state relative to national averages.4
         Cost Per Student Station
         In Florida, construction costs for traditional K-12 public school facilities are reported based on
         the cost per student station.5 In 2005, the Department of Education (DOE) conducted a study on
         overall inflation of school construction costs, including the Consumer Price Index (CPI) and
         other factors. The cost per student station levels adopted in 2006 were based on the DOE’s study
         recommendations and is adjusted to reflect increases and decreases in the CPI. 6 The DOE and the
         Office of Economic and Demographic Research (EDR)7 are required to work together to
         calculate and disseminate the new statutory caps.8
         The November 2020 forecast by EDR for the March 2021 cost per student station caps are:9
          $23,645 for an elementary school.
          $25,533 for a middle school.
          $33,166 for a high school.
         A district school board may not use funds from any sources for new construction of educational
         plant space with a total cost per student station that exceeds these amounts.10 The cost per
         student station includes contract costs, fees of architects and engineers, and the cost of furniture
         and equipment.11 Contract costs include costs for construction within five feet of the building,
         including materials and supplies, as well as any furniture or equipment permanently attached to
         the building.12 Cost per student station does not include the cost of purchasing or leasing the site
         for the construction, legal and administrative costs, or the cost of related site or offsite
         improvements.13 Further excluded from the cost per student station are costs for school safety
4
  Florida Department of Education, Review and Adjustment for Florida’s Cost per Student Station (January 1, 2020),
available at http://www.fldoe.org/core/fileparse.php/7738/urlt/2020AnnCSSR.pdf.
5
  Section 1013.64(6), F.S.
6
  Section 1013.64(6)(b)1., F.S.
7
  The Office of Economic and Demographic Research (EDR) is a research arm of the Legislature principally concerned with
forecasting economic and social trends that affect policy making, revenues, and appropriations. Office of Economic and
Demographic Research, Welcome, http://edr.state.fl.us/Content/ (last visited February 22, 2021).
8
  Section 1013.64(6)(b)1., F.S.
9
  Office of Economic and Demographic Research, Student Station Cost Factors (November 2020), available at
http://edr.state.fl.us/Content/conferences/peco/studentstation.pdf.
10
   Section 1013.64(6)(b)3., F.S.
11
   Section 1013.64(6)(d), F.S.
12
   Florida Department of Education, Review and Adjustment for Florida’s Cost per Student Station (January 1, 2020),
available at http://www.fldoe.org/core/fileparse.php/7738/urlt/2020AnnCSSR.pdf.
13
   Section 1013.64(6)(d), F.S.
BILL:   SB 188                                                                                                          Page 3
         and hardening items and other capital construction items approved by the school safety specialist
         to ensure building security for new educational, auxiliary, or ancillary facilities.14
III.     Effect of Proposed Changes:
         SB 188 amends s. 1013.44, F.S., to exclude any costs associated with a solar energy system that
         is located on the property of an educational facility from the total cost per student station for new
         construction.
         The bill may allow educational facilities to provide a more sustainable source of energy for their
         facility and increase the resiliency of such facilities during times of when grid energy may not be
         available.
         The bill takes effect July 1, 2021.
IV.      Constitutional Issues:
         A.       Municipality/County Mandates Restrictions:
                  None.
         B.       Public Records/Open Meetings Issues:
                  None.
         C.       Trust Funds Restrictions:
                  None.
         D.       State Tax or Fee Increases:
                  None.
         E.       Other Constitutional Issues:
                  None.
V.       Fiscal Impact Statement:
         A.       Tax/Fee Issues:
                  None.
         B.       Private Sector Impact:
                  None.
14
   Section 1013.64(6)(d), F.S. Such safety improvements include the cost for securing entries, checkpoint construction,
lighting specifically designed for entry point security, security cameras, automatic locks and locking devices, electronic
security systems, fencing designed to prevent intruder entry into a building, or bullet-proof glass. Id.
 BILL:   SB 188                                                                                                                         Page 4
          C.       Government Sector Impact:
                   None.
 VI.      Technical Deficiencies:
          None.
VII.      Related Issues:
          None.
VIII.     Statutes Affected:
          This bill substantially amends section 1013.44 of the Florida Statutes.
 IX.      Additional Information:
          A.       Committee Substitute – Statement of Changes:
                   (Summarizing differences between the Committee Substitute and the prior version of the bill.)
                   None.
          B.       Amendments:
                   None.
           This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.