Bill Text: FL S1372 | 2019 | Regular Session | Introduced

Bill Title: Renewable Energy Standards

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-05 - Introduced [S1372 Detail]

Download: Florida-2019-S1372-Introduced.html
       Florida Senate - 2019                                    SB 1372
       By Senator Rodriguez
       37-01993-19                                           20191372__
    1                        A bill to be entitled                      
    2         An act relating to renewable energy standards;
    3         amending s. 366.92, F.S.; defining the terms
    4         “renewable energy credit” and “renewable portfolio
    5         standard”; requiring the Public Service Commission to
    6         adopt rules for a renewable portfolio standard;
    7         requiring the commission to present a draft rule to
    8         the Legislature for consideration by a specified date;
    9         requiring providers to submit annual progress reports
   10         to the commission after such rule has been adopted;
   11         providing requirements for the reports; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Present subsections (3), (4), and (5) of section
   17  366.92, Florida Statutes, are redesignated as subsections (4),
   18  (5), and (6), respectively, paragraphs (c) and (d) are added to
   19  subsection (2) of that section, and a new subsection (3) is
   20  added to that section, to read:
   21         366.92 Florida renewable energy policy.—
   22         (2) As used in this section, the term:
   23         (c) “Renewable energy credit” means a value that represents
   24  the unbundled, separable, renewable attribute of renewable
   25  energy produced in this state and is equivalent to 1 megawatt
   26  hour of electricity generated by a source of renewable energy
   27  located in this state.
   28         (d) “Renewable portfolio standard” or “RPS” means the
   29  minimum percentage of total annual retail electricity sales by a
   30  provider to consumers in this state which must be supplied by
   31  renewable energy produced in this state.
   32         (3) The commission shall adopt rules for a renewable
   33  portfolio standard requiring each provider to supply renewable
   34  energy to its customers directly by procurement or through the
   35  purchase of renewable energy credits. In developing the RPS
   36  rule, the commission shall consult the Department of
   37  Environmental Protection and the Department of Agriculture and
   38  Consumer Services. The rule may not be implemented until adopted
   39  by the Legislature. The commission shall present a draft rule
   40  for consideration by the Legislature by February 1, 2020.
   41         (a) In developing the rule, the commission shall evaluate
   42  the current and forecasted levelized cost in cents per kilowatt
   43  hour through 2032 and the current and forecasted installed
   44  capacity in kilowatts for each renewable energy generation
   45  method through 2032.
   46         (b) The commission’s rule:
   47         1.Must include methods of managing the cost of compliance
   48  with the renewable portfolio standard, whether through direct
   49  supply or procurement of renewable power or through the purchase
   50  of renewable energy credits. The commission may include
   51  provision in the rule for annual cost recovery and incentive
   52  based adjustments to authorized rates of return on common equity
   53  to providers to incentivize renewable energy. Notwithstanding s.
   54  366.91(3) and (4), and upon the ratification of the rules
   55  developed pursuant to this subsection, the commission may
   56  approve projects and power sales agreements with renewable power
   57  producers and the sale of renewable energy credits needed to
   58  comply with the renewable portfolio standard. In the event of
   59  any conflict, this subparagraph supersedes s. 366.91(3) and (4).
   60  However, this section does not alter the obligation of each
   61  public utility to continuously offer a purchase contract to
   62  producers of renewable energy.
   63         2.Must provide for appropriate compliance measures and the
   64  conditions under which noncompliance is excused due to a
   65  determination by the commission that the supply of renewable
   66  energy or renewable energy credits was not adequate to satisfy
   67  the demand for such energy or that the cost of securing
   68  renewable energy or renewable energy credits was cost
   69  prohibitive.
   70         3.May provide added weight to energy provided by wind and
   71  solar photovoltaic over other forms of renewable energy, whether
   72  directly supplied or procured or indirectly obtained through the
   73  purchase of renewable energy credits.
   74         4.Must determine an appropriate period of time during
   75  which renewable energy credits may be used for purposes of
   76  compliance with the renewable portfolio standard.
   77         5.Must provide for monitoring of compliance with and
   78  enforcement of this section.
   79         6.Must ensure that energy credited toward compliance with
   80  this section is not credited toward any other purpose.
   81         7.Must include procedures to track and account for
   82  renewable energy credits, including ownership of renewable
   83  energy credits that are derived from a customer-owned renewable
   84  energy facility as a result of any action by a customer of an
   85  electric power supplier that is independent of a program
   86  sponsored by the electric power supplier.
   87         8.Must provide for the conditions and options for the
   88  repeal or alteration of the rule in the event that new
   89  provisions of federal law supplant or conflict with the rule.
   90         (c)Beginning on April 1 of the year following final
   91  adoption of the commission’s renewable portfolio standard rule,
   92  each provider shall submit a report to the commission describing
   93  the steps that have been taken during the previous year and the
   94  steps that will be taken in the future to add renewable energy
   95  to the provider’s energy supply portfolio. The report must state
   96  whether the provider was in compliance with the renewable
   97  portfolio standard during the previous year and how it intends
   98  to comply with the renewable portfolio standard in the upcoming
   99  year.
  100         Section 2. This act shall take effect July 1, 2019.