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Energy/Clean Air:
Omnibus Energy Efficiency and Alternative Fuel bills

Our Position: no position
Bill Number: HB7123/SB2666/SB996
Sponsor: by Environment & Natural Resources Council
Legislative Session: 2007

GOVERNOR VETOED HB7123

5/3/07: The House concurred with the changes that the Senate made and passed the bill, ordered it enrolled. If you would like to read the bill, click here. The Senate amended the House version: Created Energy Policy Governance Task Force: revises provisions for renewable energy source exemption; excludes assessed value of certain real property for determination of such exemption; requires that term of payment for consolidated equipment financial contracts may not extend beyond anticipated useful life of equipment financed; establishes Green Schools Pilot Project to enable selected school districts to comply with standards, et The Senate did amend and concurred with a lot of work the House had done previously. They added to the House bill the Public Service Commission Chair or designee, to the newly created Energy Policy Governance Task Force and subject to specific appropriation there is created with the Executive Office of the Governor the Florida Energy, Aerospace, and Technology Fund. The House had an $80 million dollar budget and the Senate dropped it to $62 million. They now fund or "incentify," energy corporate welfare for industry to build and construct; they dropped the energy efficient motor vehicle sales tax holiday, and the bill no longer has the energy efficient sales tax free holiday; they also deleted the Farm to Fuel Council, but Commissioner Bronson can do this on his own; they redefined feed stock; deleted $3.5 million n for the Green Schools Pilot, but that concept is still in the bill and the money is available in the Schools budget. Other provisions in the Energy Omnibus bill included: Authorized IFAS to build a pilot manufacturing plant to produce cellulosic ethanol at Univ of Fla.; Tax exemptions from property taxes for renewable energy devices; sales tax exemptions for ethanol use; the bill eliminated “approved metering equipment” from current law; a new Biofuel Retail Sales Incentive Program; incentive payments for biofuel use in fleets of vehicles; a Florida Biofuel Production Incentive Program; state diesel fleet requirements, as well as ethanol vehicles and school district biodiesel vehicles; and Finally, the legislation assigns various issues to be studied by the Public Service Commission—Solar power, public benefits fund, net metering—and gives some mention of a statewide renewable portfolio.

4/30/07: The SB996 Energy bills are supposed to be brought up on the Senate floor this Wednesday with amendments. Here is what we know so far: Senator's Constantine and Bennett have agreed to as have Speaker Rubio and President Pruitt: The budget has money for the following so there is no money showing up in the bill. The agreed to and now released budget has $3.5 million for solar, that got a million dollar bump. Money for DEP and DCA to do more education. 20 m for cellulosic 25 m for Farm to Fuel 12.5 m for bio-energy renewable grants Senator Bennett gets $400,000 for USF energy center. No tax holiday. That is coming out. Ironic, since that is all that was left standing after last weeks gutting of SB996 and SB2666. Shame that made people think about taking steps to conservation and efficiency. They are creating a Florida Energy task force to review all agencies and entities that receive funding along with energy policy to design the future governance structure for energy. Will dissolve after they report back to the legislature in 2008. Has glitch language for Power Plant Siting and Transmission lines -Notice. Things can change quickly, but that is the update for now. No net metering.

4/28/07: SB2666/SB996 merged : HB7123 voted on by the House and now in Senate messages As we reported the beginning of the week, there were amendments to the Energy bills that gutted SB2666 and SB996 and only left each version with the applicance energy efficiency tax free holiday. We have provided our input to the President of the Senate’s office and Senators Bennett and Constantine. We have asked them to provide more funding for solar, conservation, and energy effiencient techonologies, greenhouse gas inventories that don’t require rule making which we all know meet with legal challenges from industry objecting to anything that would mean they have to change their polluting ways, enforceable “green” building codes, and more. HB 7123 the House omnibus energy bill is now on the House Floor and was amended and rolled over to third reading and voted on by the House and sent to the Senate and is now in Senate message.

 04/25/07 S In Messages on Thursday, April 26, 2007 8:28 AM Click here to look at all the bills that are similar. This translates that these bills are in HB7123. If you want to read the Engrossed bill #1 click here 4/21/07: HB7123 has improved but it still is pushes a lot of tax credits, tax incentives for industry tipped away from Conservation and energy efficiencies. There still exists the rebates for consumers on energy efficient appliances, hybrids, solar water and pool heaters and there is a "greenhouse gas inventory" RULE to be done by DEP. A rule subject to challenges no doubt. To read more about the bills, go to the section below where the hyperlinks for the three bills are located, and click on them. Read the staff evaluations. Each bill has more than 40 sections to them.

4/14/07: SB996 Senator Bennett's version of Energy legislation. SB2666 Senator Constantine’s Energy bill. Similar to House PCB Encr13, now HB7123 SB996, What began as a few sentences in the original bill as filed, ended up with 58 pages. Senator Bennett mixed some good things, like net metering and for the PSC to develop net metering programs, with terrible provisions such as defining renewable energy as nuclear (or) the capturing of carbon dioxide from coal burning power plants. Senator Bennett also has designs to create a Florida Alternative Energy Development Corporation and to repeal s.377.901, F.S., which creates and provides for operations of the Florida Energy Commission.

On Thursday 4/12/07, the Senate Environmental & Preservation Committee passed Senator Bennett’s and Senator Constantine’s Energy legislation. Here is our brief summary of some of the key issues in their bills, which we discussed and distributed a pre-meeting version to all Committee members. What is reflected below is the bills as amended during Committee. - SB996 Section 13 still contains “nuclear and coal fuel, when coal is used in a facility with potential carbon dioxide capturing technology, as definition of renewable energy” (OR known as IGCC); - SB2666 Contains the bill language for the Integrated Gasification Combined Cycle, IGCC, coal plant advanced cost recovery found in SB1202. The basic premise is that IGCC is clean coal. There is no such thing as clean coal. We don’t have coal in Florida it will be extracted from other states, via known harmful environmental processes, like Mountain top removal, which is blowing up the tops of mountains. The second premise is that IGCC captures carbon dioxide, the greenhouse gas. The technology to capture carbon dioxide does not exist and is not in the pilot phase either, there are no standards in place for the Integrated Gasification Combined Cycle, (IGCC) , and there is NO REQUIRMENT IN LAW THAT THEY EVER HAVE TO CAPTURE the greenhouse gas, carbon dioxide; - SB996 was amended to no longer repeal the Florida Energy Commission, but the bill still sets up a Corporation that will handle all the MONEY that is available for grants and incentive programs. No one CORPORATION should be a business to HOUSE all funding. - SB2666 keeps the Commission and expands the membership. The Energy Commission is just getting started and should continue to research and investigate our energy needs and alternatives and continue to be in the public purview. - SB996 contains the net metering language. - SB2666 has recommendations for green building standards, with similar language in the HB7123 and SB966. - All bills have some version of a Greenhouse Gas inventory. - All bills have energy efficient sales tax holidays and energy efficient motor vehicle sales tax refunds and promote solar energy. However, all versions promote the development and use of biofuels, biomass, etc.

4/6/07: click here to read about SB996 and click here to read up on HB7123, 3/31/07. The House Council Energy bill was heard by the House Env.Council on 3/28/07. PCB ENRC1 received a few amendments, one that would require the PSC to report on the methods used to evaluate the conservation goals, plans, and programs of utilities subject to this Act. but the bill basically stayed the same as what we saw on 3/7. Click here to read the bill. 3-7-07: This House Proposed Committee Bill is similar to last years SB888 which became law in 2006. This PCB will extend several of the existing programs such as the solar energy rebates; tax free holiday on energy efficient appliances; etc. This PCB does discuss biofuels/Farm to Fuel Advisory Council. So we need to educate the members on the amount of fossil fuel energy it takes to make biofuels. Just be aware that the general sense of the Legislature is that Florida needs to become energy independent (get off oil from foreign countries), as is the sense of the Country. And thus Florida wants to contribute to that "solution"... and by producing biofuels is to not have to do OFFSHORE Oil Drilling.

Status

GOVERNOR VETOED

5/3/07: Bill finalized and ordered enrolled.

4/28/07: Senate bills 966/2666 will be amended on the Senate floor. The House bill 7123 is in Senate messages and a lot of work will be done this last week to make the bills the same.

4/21/07: HB7123 passed out of the House Policy and Budget Council and is now on the House Floor. SB2666 and SB996 have had a "mind melt" and are coming out with a merged bill.

SB2666 & SB996:  Now in Transportation and Economic Development Appropriations; On Committee agenda-- Transportation and Economic Development
                  Appropriations, 04/24/07, 8:15 am

4/14/07: HB7123 will be heard in Policy & Budget Council,   then on the House Floor

SB2666: will be up in the Senate Communications and Public Utilities; then Finance
                  and Tax; then General Government Appropriations

SB996: will be up in the Senate General  Government Appropriations,  then floor

3/31/07: next stop for this bill is the House Floor.

The next stop for this bill is the umbrella council, called:

Environment & Natural Resources Council

The House Council will here the bill sent to it by the House Energy Committee and then the Council will vote the bill up or down. And upon passage, decide what committee the PCB should be referred to and the PCB will receive a bill number.

Action Needed

GOVERNOR VETOED

4/21/07: contact Representatives Mayfield and  Allen,  and Senators Bennett and Constantine, and ask them to support the amendment we gave them to ensure that the Florida Energy Commission come up with standards for the IGCC coal burning power plants. If the legislature is willing to let  Tampa Electric receive Advanced Cost Recovery on the premise that it will capture carbon dioxide and sequesture it, and charge the rate payers to pay for it,  then there should be standards and requirements in law to do so. Otherwise, it is just another CO2, greenhouse gas polluter. HERE IS OUR AMENDEMENT (we have added "capture carbon dioxide and sequestration" to already existing language found in SB2666)

Subsection (5) of Section 377.901, Florida Statutes,  is amended to read:

377.901 Florida Energy Commission.—

            ( 5 ) The Commission shall develop recommendations for legislation to establish a state energy policy.  The recommendations of the commission shall be based on the guiding principles of reliability, efficiency, affordability, and diversity as provided in subsection (7).  The Commission shall continually review the state energy policy and shall recommend to the Legislature any additional necessary changes or improvements.  In carrying out this responsibility, the commission may conduct research, hold public meetings, and make recommendations on any individual substantive issue that may be included in such policy, including, but not limited to, climate change, greenhouse gas reduction, carbon dioxide capture and sequestration, renewable energy, conservation, and power generation, transmission, and distribution. 

4/14/07: We need to ensure that the Florida Energy Commission review and recommend standards for IGCC coal burning power plants. Anything can happen the next three weeks. These bills could be merged to become one.

3/16/07: Contact members of the House Environment and NR Council and tell them to support our suggestions. We have not seen the new language yet, and may not until the committee meeting.

3-9-07: We encourage all you to begin the discussion with your legislators to increase the amount of the solar rebate from $500 to $1000.00. And that the legislature increases the marketing of the rebate availability.There was $2.5 million dollars allocated last year for a $500 solar water heater rebate in addition to what you can take off of your IRS taxes for installation costs. But the public is unaware of this program. We suggest better marketing.

Also, the bill needs to include public notice when a utility is going to apply for permits to build power plants in a five mile radius. Please tell the members of this committee and the Council to this committee to support the Governor Crist amendments offered by Rep.Allen, the Chair of the Energy Committee.  Chairman Allen was forced to withdraw the public notice amendments. If you want to read the text of the amendments, please click on this link provided.  Public Notice Amendments ( page 12)

Represenative  Allen did say that he would ensure the Notice amendments were adopted in the Council Committee Stop.

More information

Click here to read all about SB2666

Click here to read all about SB996

To Read the 3/9/07 Staff analysis click here ENCR 07-01 (page 19)

Similar bills are showing up:

SB1860 is titled Renewable Energy/Agriculture.

Background

GOVERNOR VETOED

5/4/07: 

Legislature passes plan to help wean Florida off fossil fuels

Sarasota Herald Tribune, 5/3/2007

View article on Sarasota Herald Tribune

TALLAHASSEE, Fla. -- Calling it a landmark for Florida, the Legislature on Thursday sent the governor a comprehensive $62 million plan to help wean the state off imported fossil fuels and inspire industry to produce renewable alternatives.

High gas prices, national security concerns and urgent scientific reports on humanity's effect on global warming pushed Gov. Charlie Crist and state lawmakers this year to begin changing Florida's lackluster record on energy.

The House and Senate each passed the plan (HB 7123) unanimously Thursday.

Crist is expected to sign the bill, which outlines a plan many other states already follow. Two consumer-oriented facets - a sales-tax break for the purchase of alternative-fuel vehicles and a tax holiday for energy-efficient appliances - didn't make the final product because of budget pressures in a tight fiscal year.'The only break on the energy rocket was the budget,' said Rep. Bob Allen, R-Merritt Island, chairman of the House Energy Committee. 'You never want to stop moving forward as a society but the priorities kept cutting into my shopping list.'Renewable energy and environmental groups have largely supported the Legislature's efforts this year, but still said the bill fell short in some areas.'It would be nice if it had more weight in terms of conservation and promoting solar,' said Susie Caplowe, a lobbyist for the Sierra Club. 'When are we going to take the really tough steps to really push a solar water heater in each House?'The bill does have sales tax breaks for the production and distribution of biofuels. It also calls for a greenhouse gas inventory to determine the major pollutants of Florida's air, and establishes a statewide task force to help implement a coherent energy policy.'This is a huge step forward for the state of Florida,' said Rep. Rick Kriseman, D-St. Petersburg.

To boost energy conservation, the bill promotes more stringent 'green' building codes, particularly for government buildings.

In a move to spur the individual use of renewable technologies, citizens who purchase solar technology for their homes will be able to get a property tax break for the cost and installation of the product. The bill also creates a $20 million cellulosic ethanol demonstration plant, which will be managed by the University of Florida and will use technology from Florida Crystals Corp.

Experts have said Florida - with its sugarcane and citrus waste - is well-positioned to produce cellulosic ethanol, which is more energy-efficient than its largely Midwestern variant, corn ethanol. Ethanol in small amounts can be blended with gasoline and used in all vehicles, while modified vehicles can run on a high blend or full ethanol content.

The bill directs the state Public Service Commission to recommend an appropriate renewable portfolio standard, which is a requirement that power companies produce a certain amount of electricity using renewable fuels. It also calls for a study on implementing a net-metering policy, which gives electricity consumers an incentive to install renewable energy technologies, such as solar, in their homes and businesses. They would then be credited for any excess energy they send out on the grid with their homemade energy production.

At least 20 states already have a renewable portfolio standard, and 35 states have a statewide net-metering policy.

Allen said the House philosophy was to use incentives instead of mandates at first to increase the production of alternative energies. But he said it's likely the Legislature will implement a portfolio standard and a net-metering policy as early as next year after seeing results from the studies.

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3/7/2007:Contact your legislator in the House and Senate and tell them:
1. Public notice for impending power plant permits is essential and we support the Governor's language.
2. Increase the residential rebate for solar installations from $500.00 to $1000.00.
3. Generation of biofuels uses more fossil fuels to produce alternative energy. See Background information below.

http://www.energyjustice.net/ To learn more about the environmental costs of producing biofuels check out this website. Energy Justice Network

Cornell University study finds that producing ethanol and biodiesel from corn and other crops is not work the energy.

In terms of energy output compared with energy input for ethanol production, the study found that:  Corn requires 29 percent more fossil energy than the fuel produced; switch grass requires 45 percent more fossil energy than the fuel produced; and wood biomass requires 57 percent more fossil energy than the fuel produced.

In terms of energy output compared with energy input for biodiesel production, the study found that: soybean plants requires 27 percent more fossil energy than the fuel produced, and sunflower plants requires 118 percent more fossil energy than the fuel produced. 

These facts are from the published report found in the Natural Resources Research ( VOL.14:1, 65-76). Professor David Pimentel, Cornell, Ecology and agriculture. Professor Tad W. Patzek, Berkeley, Civil and Environmental Engineering.