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Senate Bill 2472

Senate Bill sb2472

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    Florida Senate - 2002                                  SB 2472

    By Senator Campbell





    33-1274-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to clean energy generation;

  3         creating the "Florida Clean Power Act of 2002";

  4         providing for power plant emissions control;

  5         providing definitions; providing for statewide

  6         emissions standards; providing a schedule;

  7         providing for emission rates; providing for a

  8         generation performance standard; providing for

  9         individual facility emissions allocations;

10         providing for emissions credits; providing a

11         penalty; authorizing sale or transfer of

12         emissions credits; providing for individual

13         facility emissions caps; authorizing recovery

14         of certain employee-related costs; providing

15         rulemaking authority and other powers of the

16         Department of Environmental Protection;

17         providing for a clean energy and energy

18         efficiency public benefit program; providing

19         definitions; authorizing specified electric and

20         natural gas utility charges to support energy

21         efficiency and clean energy programs and

22         research; providing for administration of funds

23         by a nongovernmental entity established by the

24         Public Service Commission; providing rulemaking

25         authority and other powers of the commission;

26         providing a definition; requiring annual

27         reports to the commission and department by

28         electric utilities of electrical purchases and

29         production and of emissions; requiring reports

30         to utility customers and the general public;

31         providing for interconnection and metering of

                                  1

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         certain energy generating systems; providing

  2         definitions; providing for rates, fees, and

  3         other requirements for utility customers using

  4         eligible clean energy systems; providing for

  5         energy measurement calculations; requiring

  6         utilities to make metering programs available

  7         to customers using eligible clean energy

  8         systems; providing safety, quality, and

  9         interconnection requirements; providing

10         rulemaking authority of the commission;

11         authorizing electric utilities to perform

12         certain testing and inspections; amending ss.

13         403.503, 403.506, F.S.; revising the definition

14         of "electrical power plant" for certification

15         purposes under the Florida Electrical Power

16         Plant Siting Act; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  This act may be cited as the "Florida Clean

21  Power Act of 2002."

22         Section 2.  Power plant emissions control.--

23         (1)  DEFINITIONS.--The following definitions shall

24  apply to this section:

25         (a)  "Best available control technology" means an

26  emission limitation based on the maximum degree of reduction

27  of each pollutant emitted from or resulting from a covered

28  generation facility, which the department, on a case-by-case

29  basis, taking into account energy, environmental, and economic

30  impacts and other costs, determines is achievable for such

31  facility through application of production processes and

                                  2

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  available methods, systems, and techniques. Best available

  2  control technology shall not allow emissions that exceed any

  3  emission standard established under the New Source Performance

  4  Standards or National Emission Standards for Hazardous Air

  5  Pollutants.

  6         (b)  "Commission" means the Public Service Commission.

  7         (c)  "Covered generation facility" means an electric

  8  generating facility, other than a nuclear facility, with a

  9  nameplate capacity of 10 megawatts or greater that uses a

10  combustion device to generate electricity.

11         (d)  "Department" means the Department of Environmental

12  Protection.

13         (e)  "Global pollutant" means:

14         1.  Carbon dioxide; or

15         2.  Any other substance that the department may

16  identify by rule as a substance the emission of which into the

17  air from a combustion device used in the generation of

18  electricity endangers the public health or welfare of the

19  earth as a whole.

20         (f)  "Pollutant" means:

21         1.  Mercury;

22         2.  Nitrogen oxide;

23         3.  Sulfur dioxide; or

24         4.  Any other substance, except for a global pollutant,

25  that the department may identify by rule as a substance the

26  emission of which into the air from a combustion device used

27  in the generation of electricity endangers public health or

28  welfare.

29         (2)  STATEWIDE EMISSIONS STANDARDS.--

30         (a)  Schedule.--Not later than July 1, 2003, the

31  department shall promulgate a final rule that establishes the

                                  3

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  limits on the quantity of each global pollutant that all

  2  covered generation facilities in the aggregate statewide shall

  3  be permitted to emit beginning in calendar year 2011 and

  4  establishes an emissions rate for each pollutant emitted by a

  5  covered generation facility. The department may establish

  6  limits for global pollutants that take effect after 2003. The

  7  emission rates established pursuant to this paragraph shall

  8  take effect January 1, 2007.

  9         (b)  Limit for carbon dioxide.--The statewide carbon

10  dioxide emissions limit for calendar year 2007 and each year

11  thereafter established under paragraph (a) shall not be

12  greater than a tonnage equal to the total tonnage of carbon

13  dioxide emitted by electric generating facilities that

14  operated in 1990 in the state and would have been covered

15  generation facilities.

16         (c)  Emission rates.--The emission rate for a pollutant

17  emitted by a covered generation facility shall be equivalent

18  to:

19         1.  For nitrogen oxide, 1.5 pounds per megawatt hour.

20         2.  For sulfur dioxide, 3.0 pounds per megawatt hour.

21         3.  For mercury, the amount necessary to achieve a

22  50-percent reduction of emissions from the facility by 2007,

23  and a 90-percent reduction of emissions from the facility by

24  2011.

25         4.  For all other pollutants, the emission rate that is

26  achievable by using the best available control technology for

27  that facility.

28         (d)  Adjustment.--The department may lower the limit on

29  carbon dioxide established under paragraph (a) to an amount

30  lower than the amount established by paragraph (b) if the

31  department determines that such an adjustment would be in the

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  interests of the public health and welfare. Not later than

  2  July 1, 2011, and every 7 years thereafter by July 1, the

  3  department shall determine whether each emission rate

  4  established under paragraph (a) is equivalent to best

  5  available control technology. If the department determines

  6  that an emission rate is no longer equivalent to best

  7  available control technology, the department shall promulgate

  8  by July 1 of the year in which review is required by this

  9  paragraph a final rule that establishes an emission rate that

10  is equivalent to best available control technology. Any

11  emission rate established pursuant to this paragraph shall

12  take effect on January 1 of the calendar year following the

13  promulgation of the regulation establishing the emission rate.

14  Any emission rate established pursuant to this paragraph shall

15  not exceed an emission rate established pursuant to paragraph

16  (a).

17         (3)  GENERATION PERFORMANCE STANDARD.--

18         (a)  Annual determination.--Not later than October 1,

19  2003, and by October 1 of each year thereafter, the

20  department, in consultation with the commission, shall

21  determine for the next calendar year the generation

22  performance standard for each global pollutant emitted by a

23  covered generation facility.

24         (b)  Formula.--The generation performance standard

25  shall be determined by dividing the statewide emissions limit

26  for the next calendar year as established under subsection (2)

27  by the department's estimate for the next calendar year of the

28  statewide megawatt-hour production by all covered generation

29  facilities.

30

31

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         (c)  Method.--The department shall determine by rule

  2  the method to be used in determining an estimate under

  3  paragraph (b).

  4         (4)  INDIVIDUAL EMISSIONS ALLOCATION.--The quantity of

  5  carbon dioxide that a covered generation facility shall be

  6  permitted to emit during a calendar year shall be equal to the

  7  facility's annual generation of megawatt hours of electricity

  8  multiplied by the generation performance standard as

  9  established in subsection (3).

10         (5)  EMISSIONS CREDITS.--

11         (a)  Comparison of actual combustion device outputs

12  with individual emissions allocations.--At the end of each

13  year, the department shall compare the quantity of carbon

14  dioxide emitted by a covered generation facility during the

15  year with the individual emissions allocation as established

16  under subsection (4) applicable to that covered generation

17  facility for the year.

18         (b)  Issuance of emissions credits.--Not later than

19  April 1 of each year, the department shall issue to a covered

20  generation facility one emissions credit for each ton by which

21  the quantity of carbon dioxide emitted by the covered

22  generation facility during the preceding year was less than

23  the individual emissions allocation as established under

24  subsection (4) applicable to the covered generation facility.

25         (c)  Submission of emissions credits.--

26         1.  Not later than July 1 of each year, a covered

27  generation facility that emitted a greater quantity of carbon

28  dioxide than the individual emissions allocation as

29  established under subsection (4) applicable to the covered

30  generation facility during the preceding year shall submit to

31  the department one emissions credit for each ton by which the

                                  6

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  quantity of the carbon dioxide was greater than the individual

  2  emissions allocation.

  3         2.  The credit limit for each covered generation

  4  facility shall be equal to the total tonnage of carbon dioxide

  5  emitted by electric generating facilities that operated in

  6  1990 in the state and would have been covered generation

  7  facilities, divided by the department's estimate, as required

  8  under subsection (3), for the previous calendar year of the

  9  statewide megawatt-hour production by all covered generation

10  facilities, and then multiplied by the facility's annual

11  generation of megawatt hours of electricity.

12         3.  The owner or operator of a covered generation

13  facility that is required to submit an emissions credit under

14  subparagraph 1. that fails to submit the emissions credit

15  shall pay to the department a civil penalty in the amount of

16  $100 for each ton of carbon dioxide emissions in excess of the

17  individual emissions allocation applicable under subsection

18  (4) for which a carbon dioxide emissions credit has not been

19  submitted under subparagraph 1.

20         4.  The department shall annually adjust the penalty

21  specified in subparagraph 3. for inflation based on the change

22  in the Consumer Price Index.

23         (d)  Use of emissions credits.--A covered generation

24  facility may, on notice to the department, sell or otherwise

25  transfer an emissions credit to another person.

26         (6)  INDIVIDUAL FACILITY EMISSION RATES.--The average

27  emission rate of a pollutant emitted by a covered generation

28  facility during a calendar year shall not exceed the emission

29  rate established under subsection (2).

30         (7)  INDIVIDUAL FACILITY EMISSIONS CAPS.--

31

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         (a)  The quantity of each pollutant that a covered

  2  generation facility shall be permitted to emit during a

  3  calendar year shall be equal to the facility's average annual

  4  generation of megawatt hours of electricity over the prior 3

  5  calendar years multiplied by the emission rate as established

  6  in subsection (2).

  7         (b)  No covered generation facility shall be permitted

  8  to exceed a cap established by paragraph (a) unless granted a

  9  waiver by the department in consultation with the commission.

10  Prior to granting such a waiver, the department shall require

11  public notice and comment on each request. The department

12  shall not issue a waiver unless it is determined that failure

13  to do so would lead to a shortage of electricity for citizens

14  of the state. Any waiver granted shall last for no longer than

15  1 year and shall specify a limit on emissions during the

16  period of effectiveness. If a covered generation facility

17  receives a waiver, the department shall exclude data from the

18  year in which a waiver was received in calculating the

19  emissions cap established by paragraph (a). The total duration

20  of waiver granted during the operational lifetime of a covered

21  generation facility shall not exceed 2 years.

22         (8)  EMPLOYEE-RELATED TRANSITION COSTS.--In order to

23  mitigate potential negative impacts on utility personnel

24  directly affected by the requirements of this section, the

25  commission shall allow recovery of reasonable employee-related

26  transition costs incurred and projected for severance,

27  retraining, early retirement, outplacement, and related

28  expenses for the employees. However, there shall be no

29  recovery for employee-related transition costs associated with

30  officers, senior supervisory employees, and professional

31  employees performing predominantly regulatory functions. The

                                  8

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  commission is authorized to require that an electric utility

  2  recover these costs by collecting a per-kilowatt-hour

  3  nonbypassable charge on electricity sold to each end-use

  4  customer of the utility.

  5         (9)  POWERS OF DEPARTMENT.--The department may

  6  promulgate such rules, conduct such investigations, and take

  7  such other actions as are appropriate to implement this

  8  section.

  9         Section 3.  Clean energy and energy efficiency public

10  benefits programs.--

11         (1)  DEFINITIONS.--The following definitions shall

12  apply to this section:

13         (a)  "Clean energy" means:

14         1.  Solar energy.

15         2.  Wind energy.

16         3.  Fuel cells utilizing hydrogen.

17         4.  Landfill gas.

18         5.  Naturally flowing water and hydroelectric energy.

19         6.  Sustainable bioenergy fuels.

20         7.  Other energy resources and emerging technologies

21  that have significant potential for commercialization and do

22  not involve nuclear fission or the combustion of either fossil

23  fuels or municipal solid waste.

24

25  "Clean energy" does not include electricity from generating

26  units that were in operation on October 1, 2002, unless the

27  electricity comes from an addition made to the unit after that

28  date.

29         (b)  "Commission" means the Public Service Commission.

30

31

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         (c)  "Energy efficiency" means practices that save

  2  energy. These practices include building construction methods

  3  and installation of high-efficiency equipment and appliances.

  4         (d)  "Utility" means any entity of whatever form that

  5  provides electricity or natural gas to end-use customers. The

  6  form of an entity that may be a utility specifically includes

  7  municipalities or instrumentalities thereof and cooperatives

  8  organized under the Rural Electric Cooperative Law.

  9         (2)  PUBLIC BENEFITS CHARGE AND ADMINISTRATION.--

10         (a)  Not later than January 1, 2003, the commission

11  shall require each utility to collect a

12  1.3-mills-per-kilowatt-hour nonbypassable charge on

13  electricity sold to each end-use customer of the utility. Not

14  later than January 1, 2003, the commission shall require each

15  utility to collect a 6-mills-per-therm nonbypassable charge on

16  natural gas sold to each end-use customer of the utility.

17  These funds shall be used to support energy efficiency

18  programs.

19         (b)  Not later than January 1, 2003, the commission

20  shall require each utility to collect a

21  0.4-mills-per-kilowatt-hour nonbypassable charge on

22  electricity sold to each end-use customer of the utility. Not

23  later than January 1, 2003, the commission shall require each

24  utility to collect a 2-mills-per-therm nonbypassable charge on

25  natural gas sold to each end-use customer of the utility.

26  These funds shall be used to support comprehensive low-income

27  residential energy efficiency programs.

28         (c)  Not later than January 1, 2003, the commission

29  shall require each utility to collect a

30  0.7-mills-per-kilowatt-hour nonbypassable charge on

31  electricity sold to each end-use customer of the utility. Not

                                  10

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  later than January 1, 2003, the commission shall require each

  2  utility to collect a 4-mills-per-therm nonbypassable charge on

  3  natural gas sold to each end-use customer of the utility.

  4  These funds shall be used to support clean energy programs.

  5         (d)  Not later than January 1, 2003, the commission

  6  shall require each utility to collect a

  7  0.4-mills-per-kilowatt-hour nonbypassable charge on

  8  electricity sold to each end-use customer of the utility. Not

  9  later than January 1, 2003, the commission shall require each

10  utility to collect a 2-mills-per-therm nonbypassable charge on

11  natural gas sold to each end-use customer of the utility.

12  These funds shall be used to support research and development

13  on energy efficiency and clean energy.

14         (e)  The commission shall direct that the funds

15  collected pursuant to this subsection be transferred to a

16  nongovernmental entity established by the commission for the

17  purpose of administering the funds.

18         (3)  POWERS OF COMMISSION.--The commission may

19  promulgate such rules, conduct such investigations, and take

20  such other actions as are appropriate to implement this

21  section.

22         Section 4.  Disclosure.--

23         (1)  For purposes of this section, "electric utility"

24  means cities and towns, counties, public utility districts,

25  regulated electric companies, electric cooperatives, and joint

26  operating agencies, or combinations thereof, engaged in, or

27  authorized to engage in, the business of generating,

28  transmitting, or distributing electric energy.

29         (2)  Not later than October 1, 2003, and by October 1

30  of each year thereafter, each electric utility shall report to

31  the Public Service Commission and the Department of

                                  11

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  Environmental Protection the following information regarding

  2  the preceding 12-month period:

  3         (a)  Total megawatt hours of electricity produced from

  4  generating facilities owned by the electric utility or under

  5  long-term contract to the electric utility that are sold to

  6  end-use customers in the state.

  7         (b)  Total megawatt hours of electricity purchased by

  8  the electric utility from other sources and sold to end-use

  9  customers in the state.

10         (c)  The proportion of such production from facilities

11  listed under paragraph (a) that use nuclear fuels, oil, coal,

12  natural gas, hydropower, and other fuels as the principal

13  generation fuel.

14         (d)  The amount of emissions in pounds per kilowatt

15  hour from facilities listed under paragraph (a) of the

16  following pollutants:

17         1.  Carbon dioxide.

18         2.  Carbon monoxide.

19         3.  Each heavy metal.

20         4.  Nitrogen oxides.

21         5.  Particulates.

22         6.  Sulfur oxides.

23         7.  Volatile organic compounds.

24         8.  Any other pollutant specified by the department.

25         (e)  The amount of high-level and low-level radioactive

26  waste produced by facilities listed under paragraph (a).

27         (3)  Not later than January 1, 2004, and annually

28  thereafter, the Department of Environmental Protection shall

29  report the information received pursuant to subsection (2) to

30  the general public by posting the information on the web site

31  of the department and by any other appropriate method.

                                  12

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         (4)  Beginning October 1, 2003, each electric utility

  2  shall provide to its customers the information it reported

  3  pursuant to subsection (2) for the most recent 12-month

  4  period. This information shall be provided in a bill insert on

  5  a quarterly basis using the electric utility's normal billing

  6  cycle. The information provided pursuant to this subsection

  7  shall be presented in a format that is understandable by a

  8  person of ordinary intelligence who is not familiar with the

  9  electric utility industry and its environmental impacts.

10         Section 5.  Interconnection and metering of small

11  photovoltaic, hydrogen fuel cell, and wind turbine systems.--

12         (1)  The following definitions shall apply to this

13  section:

14         (a)  "Customer" means an end-use consumer of

15  electricity who uses an eligible clean energy system.

16         (b)  "Electric utility" means any entity of whatever

17  form that provides electricity to end-use customers. The form

18  of an entity that may be an electric utility specifically

19  includes municipalities or instrumentalities thereof and

20  cooperatives organized under the Rural Electric Cooperative

21  Law.

22         (c)  "Eligible clean energy system" means a facility

23  for generation of electricity that:

24         1.  Is of no more than 15 kilowatts (AC) capacity.

25         2.  Operates in parallel with facilities of the

26  electric distribution system.

27         3.  Is intended primarily to offset part or all of the

28  customer's own electricity requirements.

29         4.  Is located on the customer's premises.

30         5.  Utilizes a hydrogen fuel cell, solar electric

31  array, or wind turbine.

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1         (2)  A customer shall pay the same rates, fees, or

  2  other payments and be subject to the same conditions and

  3  requirements as all other purchasers from the electric utility

  4  in the same rate class, except for appropriate and necessary

  5  conditions approved by the Public Service Commission for

  6  safety and reliability of the electric distribution system.

  7         (3)  Electric energy measurement for eligible clean

  8  energy systems using a single-register meter that measures

  9  only the net electricity consumed or produced at any given

10  time shall be calculated in the following manner:

11         (a)  The electric utility that serves the customer

12  shall measure the net electricity produced or consumed during

13  the customer's billing period, in accordance with normal

14  metering practices.

15         (b)  If the electricity supplied by the electric

16  utility exceeds the electricity generated by the customer and

17  fed back to the electric distribution system during the

18  billing period, then the customer shall be billed for the net

19  electricity supplied by the electric utility, in accordance

20  with normal metering practices.

21         (c)  If the electricity generated by the customer

22  exceeds the electricity supplied by the electric utility:

23         1.  The customer shall be billed for the appropriate

24  charges for that month, in accordance with subsection (2); and

25         2.  The customer shall be credited for the excess

26  kilowatt hours generated during the billing period, with this

27  kilowatt hour credit appearing on the bill for the following

28  billing period.

29

30

31

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  At the beginning of each calendar year, any remaining unused

  2  kilowatt hour credit accumulated during the previous year

  3  shall expire, without any compensation to the customer.

  4         (4)  Electric energy measurement for eligible clean

  5  energy systems that use metering capable of separately

  6  tracking the inflow and outflow of electricity shall be

  7  calculated in the following manner:

  8         (a)  The customer shall be billed for the appropriate

  9  charges for that month, in accordance with subsection (2).

10         (b)  The customer shall be credited for the kilowatt

11  hours fed back to the electric distribution system during the

12  billing period. The credit shall equal the number of kilowatt

13  hours multiplied by a rate that is no less than the average,

14  bundled retail rate charged to the customer by the electric

15  utility for each kilowatt hour delivered to the customer

16  during the billing period.

17         (5)  An electric utility:

18         (a)  Shall make the metering program established by

19  this section available to any customer using an eligible clean

20  energy system on a first-come, first-served basis until the

21  total cumulative generating capacity of eligible clean energy

22  systems equals 1 percent of the electric utility's peak demand

23  during 1998. An electric utility shall interconnect additional

24  eligible clean energy systems above this capacity if found by

25  the Public Service Commission to be in the public interest.

26         (b)  May, at its own expense, install one or more

27  additional meters on the premises of the customer to monitor

28  the flow of electricity in each direction.

29         (c)  Shall charge the customer a minimum monthly fee

30  that is the same as other customers of the electric utility in

31  the same rate class, but shall not charge the customer any

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  additional standby, capacity, interconnection, or other fee or

  2  charge.

  3         (6)(a)  An eligible clean energy system shall conform

  4  to the applicable electrical safety, power quality, and

  5  interconnection requirements established by the Institute of

  6  Electrical and Electronic Engineers and Underwriters

  7  Laboratories, and as defined by the National Electric Code.

  8         (b)  The Public Service Commission may adopt, by rule

  9  or order, additional electrical safety, power quality, and

10  interconnection requirements for customers that the commission

11  determines are necessary to protect public safety and system

12  reliability.

13         (c)  An electric utility may not require a customer

14  whose eligible clean energy system meets the requirements of

15  paragraphs (a) and (b) to comply with additional safety or

16  performance standards, perform or pay for additional testing

17  or inspection, or purchase additional liability insurance.

18         (d)  An electric utility may, at its own expense, and

19  upon reasonable notice to the customer, perform such testing

20  and inspection of an eligible clean energy system in order to

21  confirm that the system conforms to applicable electrical

22  safety, power quality, and interconnection requirements.

23         Section 6.  Subsection (12) of section 403.503, Florida

24  Statutes, is amended to read:

25         403.503  Definitions relating to Florida Electrical

26  Power Plant Siting Act.--As used in this act:

27         (12)  "Electrical power plant" means, for the purpose

28  of certification, any steam or solar electrical generating

29  facility using any process or fuel, including nuclear

30  materials, and includes associated facilities which directly

31  support the construction and operation of the electrical power

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    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1  plant and those associated transmission lines which connect

  2  the electrical power plant to an existing transmission network

  3  or rights-of-way to which the applicant intends to connect,

  4  except that this term does not include any steam or solar

  5  electrical generating facility of less than 75 megawatts in

  6  capacity unless the applicant for such a facility elects to

  7  apply for certification under this act.  An associated

  8  transmission line may include, at the applicant's option, any

  9  proposed terminal or intermediate substations or substation

10  expansions connected to the associated transmission line.

11         Section 7.  Subsection (1) of section 403.506, Florida

12  Statutes, is amended to read:

13         403.506  Applicability and certification.--

14         (1)  The provisions of this act shall apply to any

15  electrical power plant as defined herein, except that the

16  provisions of this act shall not apply to any electrical power

17  plant or steam generating plant of less than 75 megawatts in

18  capacity or to any substation to be constructed as part of an

19  associated transmission line unless the applicant has elected

20  to apply for certification of such plant or substation under

21  this act. No construction of any new electrical power plant or

22  expansion in steam generating capacity of any existing

23  electrical power plant may be undertaken after October 1,

24  1973, without first obtaining certification in the manner as

25  herein provided, except that this act shall not apply to any

26  such electrical power plant which is presently operating or

27  under construction or which has, upon the effective date of

28  chapter 73-33, Laws of Florida, applied for a permit or

29  certification under requirements in force prior to the

30  effective date of such act.

31         Section 8.  This act shall take effect October 1, 2002.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                  SB 2472
    33-1274-02                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Creates the "Florida Clean Power Act of 2002." Provides
  4    for power plant emissions control. Provides definitions.
      Provides for statewide emissions standards. Provides a
  5    schedule. Provides for emission rates. Provides for a
      generation performance standard. Provides for individual
  6    facility emissions allocations. Provides for emissions
      credits. Provides a penalty. Authorizes sale or transfer
  7    of emissions credits. Provides for individual facility
      emissions caps. Authorizes recovery of certain
  8    employee-related costs. Provides rulemaking authority and
      other powers of the Department of Environmental
  9    Protection. Provides for a clean energy and energy
      efficiency public benefit program. Provides definitions.
10    Authorizes specified electric and natural gas utility
      charges to support energy efficiency and clean energy
11    programs and research. Provides for administration of
      funds by a nongovernmental entity established by the
12    Public Service Commission. Provides rulemaking authority
      and other powers of the commission. Provides a
13    definition. Requires annual reports to the commission and
      department by electric utilities of electrical purchases
14    and production and of emissions. Requires reports to
      utility customers and the general public. Provides for
15    interconnection and metering of certain energy generating
      systems. Provides definitions. Provides for rates, fees,
16    and other requirements for utility customers using
      eligible clean energy systems. Provides for energy
17    measurement calculations. Requires utilities to make
      metering programs available to customers using eligible
18    clean energy systems. Provides safety, quality, and
      interconnection requirements. Provides rulemaking
19    authority of the commission. Authorizes electric
      utilities to perform certain testing and inspections.
20    Revises the definition of "electrical power plant" for
      certification purposes under the Florida Electrical Power
21    Plant Siting Act. (See bill for details.)

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                                  18

CODING: Words stricken are deletions; words underlined are additions.