The purpose of this rulemaking is to adopt definitions, establish statewide renewable energy goals, require electric utilities to send their 10-year site plans, prepared pursuant to section 186.801, F.S., to the Florida ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Office of Energy

RULE NOS.:RULE TITLES:

5O-5.001Definitions

5O-5.002Statewide Renewable Energy Goals

5O-5.003Renewable Energy Data Reporting

5O-5.004Department Actions

PURPOSE AND EFFECT: The purpose of this rulemaking is to adopt definitions, establish statewide renewable energy goals, require electric utilities to send their 10-year site plans, prepared pursuant to section 186.801, F.S., to the Florida Department of Agriculture and Consumer Services, and require the Florida Department of Agriculture and Consumer Services to take certain internal actions regarding renewable energy.

SUMMARY: Adopts definitions, establishes statewide renewable energy goals, requires electric utilities to send their 10-year site plans to the Florida Department of Agriculture and Consumer Services, and requires the Florida Department of Agriculture and Consumer Services to take certain internal actions regarding renewable energy.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. As part of this analysis, the Department relied upon the Office’s experience and knowledge with the industry. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 377.603(3), 377.703(2)(g), 570.07(23) FS

LAW IMPLEMENTED: 377.603(1), 377.604, 377.703(2)(h) FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kelley Burk, 600 South Calhoun Street, Suite B04, Tallahassee, Florida 32399-1300 or telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5O-5.001 Definitions

For the purpose of this rule chapter, the definitions in section 377.602, F.S., and the following shall apply:

(1) “Department” means the Florida Department of Agriculture and Consumer Services

(2) “Electric Utility” shall have the same meaning as defined in Rule 25-22.070, F.A.C.

(3) “Renewable Energy” shall have the same meaning as defined in Section 366.91, F.S.

Rulemaking Authority 377.603(3), 570.07(23), FS. Law Implemented 377.603, 377.703, FS. History–New       .

 

5O-5.002 Statewide Renewable Energy Goals

(1) Section 377.703(2)(h)1., Florida Statutes, authorizes the department to establish goals and strategies to increase the use of renewable energy in Florida.  Pursuant to this authority, the department hereby establishes the following statewide renewable energy goals. Each Electric Utility that produces or purchases energy should seek to achieve an increase in the amount of renewable energy produced or purchased to at least:

(a) 40% renewable energy by 2030;

(b) 63% renewable energy by 2035;

(c) 82% renewable energy by 2040;

(d) 100% renewable energy by 2050;

(2) For purposes of determining whether these goals have been met, the baseline amount of renewable energy produced or purchased by each Electric Utility shall be the amount of renewable energy reported in 2021 by the Electric Utility to the Public Service Commission as part of its 10-year Site Plan pursuant to Section 186.801, F.S.

Rulemaking Authority 377.703(2)(g), 570.07(23) FS. Law Implemented 377.703(2)(h)1. FS. History–New       .

 

5O-5.003 Renewable Energy Data Reporting

(1) Pursuant to ss. 377.603 and 377.604, F.S., no later than the first Wednesday of May each year, each Electric Utility shall submit to the Department its 10-year site plan, prepared pursuant to section 186.801, F.S., and submitted to the Public Service Commission. The plan shall be submitted to the department via email to [e-mail].

(2) The information submitted to the department is subject to the limitations of Section 377.606, F.S.

(3) Failure to submit the 10-year site plan to the Department is a violation of Section 377.607, F.S.

Rulemaking Authority 377.603(3), 570.07(23) FS. Law Implemented 377.603, 377.604, 377.606, 377.607, FS. History–New                      .

 

5O-5.004 Department Actions

(1) The Department shall submit comments, in accordance with Rule 25-22.071(3)(c), F.A.C., on each Ten-Year Site Plan submitted by an Electric Utility to the Public Service Commission including an evaluation the capability of the Ten-Year Site Plan to achieve the goals adopted in this rule chapter. 

(2) The Department shall monitor each Electric Utility’s progress toward the goals adopted in this rule chapter and shall include its findings and recommendations as an addendum to its annual report to the Governor and Legislature required by section 377.703, F.S.

Rulemaking Authority 377.603(3), 570.07(23) FS. Law Implemented 377.603, 377.703, FS. History–New       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelley Burk

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 4/20/2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 2/4/2022