Bill Text: FL S1452 | 2011 | Regular Session | Introduced

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Bill Title: Local Government Energy Zones

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1452 Detail]

Download: Florida-2011-S1452-Introduced.html

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       Florida Senate - 2011                                    SB 1452
       
       
       
       By Senator Bennett
       
       
       
       
       21-00871A-11                                          20111452__
    1                        A bill to be entitled                      
    2         An act relating to local government energy zones;
    3         defining terms; authorizing a local government to
    4         create an energy zone by ordinance; requiring the
    5         producer of renewable energy to produce and sell all
    6         energy within the boundaries of the energy zone;
    7         requiring that the producer be offered a
    8         disconnectable-rate structure for its customers;
    9         authorizing retail sales by any producer of renewable
   10         energy within an energy zone; requiring the Public
   11         Service Commission to adopt rules to govern sales by
   12         producers of renewable energy within the local
   13         government energy zone; requiring that the commission
   14         submit reports to the Legislature; amending s. 366.02,
   15         F.S.; redefining the term “public utility” to exempt
   16         producers and sellers of renewable energy from
   17         economic regulation by the Public Service Commission;
   18         providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Local government energy zones.—
   23         (1) As used in this section, the term:
   24         (a) “Local government” means a county or a municipality.
   25         (b) “New customer” means a residential or business location
   26  at which no previous sales of electricity have occurred which
   27  are unrelated to development or construction of the property.
   28         (c) “Renewable energy” has the same meaning as provided in
   29  s. 366.91, Florida Statutes.
   30         (2) A local government may adopt an ordinance establishing
   31  an energy zone within its political or geographic boundaries.
   32  Within this energy zone, any producer of renewable energy may
   33  sell renewable energy to any new customer directly at retail for
   34  any price agreed upon. All renewable energy sold under this
   35  section must be produced and used within the boundaries of the
   36  energy zone or sold, net metered, into the utility grid at
   37  established renewable energy rates. All producers of renewable
   38  energy sold pursuant to this section must pay the utility that
   39  serves the energy zone 1 1/2 cents per kilowatt hour of
   40  renewable energy produced and sold unless and to the extent that
   41  the utility services to the producer and its customers are on a
   42  utility-controlled disconnectable-rate structure, in which case
   43  the payment of 1 1/2 cents per kilowatt hour shall be waived.
   44  The utility shall offer to the producer and its customers a
   45  disconnectable-rate structure for any size service in the energy
   46  zone.
   47         (3) The Florida Public Service Commission shall adopt rules
   48  to govern sales made pursuant to this section, and all sales of
   49  renewable energy within an energy zone are subject to the rules.
   50  When adopting such rules, the commission must establish, at a
   51  minimum:
   52         (a) Requirements related to interconnection and metering.
   53         (b) A mechanism for setting rates for any service provided
   54  to the consumer by the utility if such service is required by
   55  the consumer, which rates must ensure that the utility’s general
   56  ratepayers do not subsidize the consumer in any way, including
   57  the creation of any redundant utility generating capacity
   58  necessary to serve the consumer. The utility-controlled
   59  disconnectable-rate structure serving the producer and its
   60  customers to the extent utilized within the energy zone shall
   61  nullify the concern of redundant utility generating capacity.
   62         (c) Requirements for notice to the commission of the size
   63  and location of each renewable energy generation facility
   64  planned under this section, the identity and historical and
   65  projected load characteristics for the facility, and any other
   66  information deemed necessary by the commission to satisfy its
   67  obligations under s. 366.04(5), Florida Statutes.
   68         (4) Beginning January 1, 2012, and at least once every 6
   69  months thereafter, the commission shall submit a report to the
   70  Legislature concerning the activity under this section. The
   71  report must address the effect of such activity on the electric
   72  power grid of the state, the individual utility systems, and
   73  each utility’s general ratepayers. The report must also include
   74  recommendations concerning implementation of this program.
   75         Section 2. Subsection (1) of section 366.02, Florida
   76  Statutes, is amended to read:
   77         366.02 Definitions.—As used in this chapter:
   78         (1) “Public utility” means every person, corporation,
   79  partnership, association, or other legal entity and their
   80  lessees, trustees, or receivers supplying electricity or gas,
   81  whether (natural, manufactured, or similar gaseous substance) to
   82  or for the public within this state.; but The term “public
   83  utility” does not include: either
   84         (a) A cooperative now or hereafter organized and existing
   85  under the Rural Electric Cooperative Law of the state.;
   86         (b) A municipality or any agency thereof.;
   87         (c) Any dependent or independent special natural gas
   88  district.;
   89         (d) Any natural gas transmission pipeline company making
   90  only sales or transportation delivery of natural gas at
   91  wholesale and to direct industrial consumers.;
   92         (e) Any entity selling or arranging for sales of natural
   93  gas which neither owns nor operates natural gas transmission or
   94  distribution facilities within the state.; or
   95         (f) A person supplying liquefied petroleum gas, in either
   96  liquid or gaseous form, irrespective of the method of
   97  distribution or delivery, or owning or operating facilities
   98  beyond the outlet of a meter through which natural gas is
   99  supplied for compression and delivery into motor vehicle fuel
  100  tanks or other transportation containers, unless the such person
  101  also supplies electricity or manufactured or natural gas.
  102         (g) A producer and seller of renewable energy under section
  103  1 of this act.
  104         Section 3. This act shall take effect July 1, 2011.