BILL SUMMARY DETAILS

SB 182 (Brandes) allows the owner of a business or a contracted third party to install, maintain and operate a renewable energy source device on or about the structure in which the business operates or on any property the business leases. The bill provides that the business owner or the third party may sell the electricity that is generated from the device to another business immediately adjacent to or within the same parcel as the business, and such sales shall not be considered or regulated as retail sales of electricity. The bill provides that if the energy-producing business or its customers require additional related services from a utility, such as backup generation capacity or transmission services, the utility may recover the full cost of providing those services. The bill authorizes a utility to enter a contract with a business to install, maintain or operate any type of renewable energy source device on or about the structure from which the business operates and to sell the electricity to an adjacent business and the bill provides that such electricity sales shall not be considered or regulated as retail sales of electricity. The bill specifies that if the Public Service Commission determines the level of reduction in electricity purchases by customers using renewable energy source devices is significant enough to adversely impact the rates that other customers pay in the rate territory, the Commission may approve a utility's requests to recover its costs of providing the electricity needed by all customers, including customers using a renewable energy source device. The bill provides for methodology of such cost recovery, a process for customers to challenge the cost recovery and authorized rulemaking by the Commission. The bill may have a negative fiscal impact on municipal revenues, including potential impacts to municipal electric franchise revenues and municipal public service utility taxes. (O'Hara)

HB 1145 (Mooney) and SB 1580 (Rodriguez, A.) authorize certain coastal communities as defined in the bills to establish pilot programs to regulate single-use plastic products. The bills also require the Department of Environmental Protection to submit updated retail plastic bag reports with conclusions and recommendations to the Legislature by specified dates. (O'Hara)

SB 1434 (Rodriguez) and HB 1077 (Hunschofsky) revise current law provisions that require certain public-financed projects and infrastructure to undergo a Sea-Level Impact Projection Study prior to construction. The bills expand the types of projects and infrastructure subject to the requirement by including "potentially at-risk" projects within an area that is "at risk due to sea-level rise," as defined in the bills. The bills also add a requirement that a public-financed constructor provide a list of flood mitigation strategies evaluated as part of the design of the potentially at-risk structure or infrastructure and identify the flood mitigation strategies that have been implemented or are being considered as part of the structure or infrastructure design. (O'Hara)

HB 393 (Hinson) and SB 604 (Berman) require the Department of Health to adopt and enforce certain rules and issue health advisories for public bathing places if the results of bacteriological water sampling at the site fail to meet health standards. The bills require the Department to notify a municipality or county if a health advisory is issued against swimming in public bathing places and require the county or municipality to place signage around public bathing places warning of the bacterial contamination until such time the bacterial contamination is resolved. (O'Hara)

HB 6025 (Eskamani) and SB 316 (Stewart) repeal current law preempting specified local government regulations relating to tree pruning, trimming and removal on residential property. (O'Hara)

SB 320 (Stewart) and HB 6063 (Grieco) remove the current statutory preemption of local laws regarding the regulation of auxiliary containers, wrappings or disposable plastic bags. In addition, the bills remove the statutory preemption of local laws regarding the use or sale of polystyrene products to the Department of Agriculture. (O'Hara)

HB 6019 (Eskamani) repeals current law provisions preempting the regulation of over-the-counter proprietary drugs and cosmetics to the state. (O'Hara)

SB 7012 (Environment and Natural Resources Committee) and HB 1151 (Sirois) create a 15-member task force within the Department of Environmental Protection and specify its members, which include a representative from the League. The bills direct the task force to develop recommendations for enforceable regulatory standards, a mechanism for identification and cleanup of contaminated areas, methods to address liability for contamination and responsibility for cleanup, appropriate methods and technologies for cleanup, funding sources for cleanup and remediation, methods to manage PFAS waste, appropriate testing for PFAS, and methods to eliminate workforce exposure. The bills direct the task force to issue an annual report to the Governor and legislature, beginning October 2023. (O'Hara)

HB 1125 (Caruso) directs the Department of Environmental Protection (DEP) to administer an onsite sewage treatment and disposal system periodic inspection program. It requires owners of certain systems to have periodic inspections of such systems every five years and to pay for the costs of such inspections, as well as any repairs or replacements. It authorizes local governments to create grant programs for homeowners' replacement costs. It directs DEP to submit program reports to the Governor, Legislature, Chief Science Officer and the Blue-Green Algae Task Force. (O'Hara)

SB 1454 (Ausley) and HB 1081 (Skidmore) establish the Office of the Blue Economy within the Department of Economic Opportunity and provides duties of the Office. The term "blue economy" means the economic uses of ocean and coastal resources with a focus on sustainable practices and the competitive positioning of the state in a global economy affected by climate change. It includes maritime industries as well as tourism and outdoor recreational activities. It also requires the Office of Economic and Demographic Research to conduct a biennial evaluation of the blue economy for inclusion in its annual state water resources assessment. (O'Hara)

SB 1024 (Bradley) and HB 741 (McClure) revise current law relating to net metering to avoid the consequence of ratepayers that do not use renewable energy sources from subsidizing electric service costs of other ratepayers who use net metering and renewable energy sources. The bills require the Public Service Commission to propose new net metering rules that will ensure that utility customers using renewable energy generation pay the full cost of electric service and are not subsidized by the utility's general body of ratepayers. The bills authorize certain customers who own or lease renewable generation before a specified date to remain under existing net metering rules for a 10-year period. (O'Hara)

SB 886 (Jones) and HB 515 (Robinson, F.) require a municipal water or sewer utility that serves customers in another recipient municipality using infrastructure located in the recipient municipality to charge consumers in the recipient municipality the same rates, fees and charges as it does the consumers inside its municipal boundaries. (Branch)

SB 1764 (Albritton) and HB 1419 (Mariano) create the Municipal Solid Waste-to-Energy Program within the Department of Agriculture and Consumer Services and require the department to provide financial assistance grants to municipal solid waste-to-energy facilities that have entered into power purchase agreements with electric utilities that include capacity payments, and the facility will no longer receive capacity payments under the agreement. The bills also direct the department to provide incentive grants to waste-to-energy facilities to assist with constructing, upgrading, or expanding a facility. (O'Hara)

SB 1944 (Baxley) and HB 1241 (Hawkins) prohibit local governments from seeking liquidated damages, administrative fees, or other similar charges against a solid waste management or recycling entity for action or inaction during a local, state, or federal emergency. The bills also cap the amount of liquidated damages, administrative fees, or other similar charges that may be sought against a waste or recycling company to 50 percent of the amount billed to the customer for collection services at the daily rate. SB 1944 applies to contracts executed or renewed on or after July 1, 2022; HB 1241 applies retroactively to existing contracts. (O'Hara)

SB 1448 (Ausley) establishes the Florida Board of Tree Experts within the Florida Department of Agriculture and Consumer Services and requires the Board to develop or designate a licensure examination for licensed Florida arborists. The bill provides requirements for licensure as a licensed Florida arborist and a licensed tree care practitioner and provides grounds for the Board to suspend, revoke or refuse to issue or renew a permit. The bill requires a business engaged in tree care services to biennially register with the Board. (O'Hara)

HB 6003 (Eskamani) and SB 1854 (Farmer) repeal provisions of current law prohibiting local governments from recognizing or granting certain legal rights to the natural environment or granting such rights relating to the natural environment to a person or political subdivision. (O'Hara)

HB 1377 (Roth) and SB 1816 (Stewart) extend the retirement date of bonds issued to fund the Florida Forever Act from 2040 to 2054. HB 1377 revises the percentage distributions of Land Acquisition Trust Fund (LATF) proceeds and requires the annual appropriation to Florida Forever from the LATF to be a minimum of the lesser of 40% or $350 million. SB 1816 requires the annual appropriation from the LATF to Florida Forever to be $100 million. Both bills also prohibit LATF monies from being used for state agency executive direction and support services. (O'Hara)

SB 882 (Brodeur) and HB 761 (Truenow) require each water management district governing board, in cooperation with local governments, to develop a list of critical wetlands for acquisition using funds from the Land Acquisition Trust Fund. The bill specifies criteria the water management districts should consider in designating a wetland for inclusion on the list. (O'Hara)

HB 621 (Fine) and SB 1162 (Broxson) prohibit specified state agencies and water management districts from disbursing state funds (including grants) for local government infrastructure, water and resiliency projects if the local government transfers its utility revenues (other than the costs of administrative and support services under a cost allocation plan) for use in providing general government functions and services. (Branch)

SB 832 (Stewart) and HB 561 (Goff-Marcil) require onsite sewage treatment and disposal systems to be inspected once every five years and require the Department of Environmental Protection (DEP) to administer the inspection program and requirements. The bills also require DEP to assess the efficacy of projects listed within a basin management action plan having a total cost exceeding $1 million. (O'Hara)