Amendment AA12-SB70

SB70-AA12,94,6 196.374 (1) (d) (intro.) “Energy efficiency program" means a program for reducing the usage or increasing the efficiency of the usage of energy by a customer or member of an energy utility, municipal utility, or retail electric cooperative. “Energy efficiency program" does not include load management. “ Energy efficiency program” includes a program that deploys electric technologies to meet energy needs currently served by other fuels in order to do all of the following:

SB70-AA12,186 Section 186. 196.374 (1) (d) 1. and 2. of the statutes are created to read:

SB70-AA12,94,10 196.374 (1) (d) 1. Reduce the usage of energy, increase the efficiency of usage of energy on a fuel-neutral basis, or reduce adverse environmental impacts, including carbon dioxide emissions.

SB70-AA12,94,12 2. Reduce costs for electric public utilities and retail electric cooperatives or their customers or members.”.

SB70-AA12,94,13 151. Page 374, line 11: after that line insert:

SB70-AA12,94,14 “ Section 187. 196.025 (1h) of the statutes is created to read:

SB70-AA12,94,17 196.025 (1h) Social cost of carbon emissions. (a) In this subsection, “social cost of carbon” means a measure of the economic harms and other impacts expressed in dollars that result from emitting one ton of carbon dioxide into the atmosphere.

SB70-AA12,94,22 (b) In consultation with the department of natural resources, the commission shall evaluate and set the social cost of carbon and shall evaluate and adjust as necessary that dollar amount every 2 years. The evaluations shall use integrated assessment models and consider appropriate discount rates. Any adjustment shall be consistent with the international consensus on the social cost of carbon.

SB70-AA12,95,4 (c) No later than December 31, 2023, and no later than December 31 every odd-numbered year thereafter, the commission shall submit to the appropriate standing committees of the legislature under s. 13.172 (3) a report that describes the commission's evaluation under par. (b) and, if the commission adjusts the previously set dollar amount under par. (b), specifies the social cost of carbon as adjusted by the commission.

SB70-AA12,95,6 (d) The commission shall consider the social cost of carbon in determining whether to issue certificates under ss. 196.49 and 196.491 (3).

SB70-AA12,9336 Section 9336. Initial applicability; Public Service Commission.

SB70-AA12,95,9 (1) Social cost of carbon. The treatment of s. 196.025 (1h) (d) first applies to applications for certificates that are received on December 31, 2023.”.

SB70-AA12,95,10 152. Page 374, line 11: after that line insert:

SB70-AA12,95,11 “ Section 188. 196.027 (1) (d) 3. of the statutes is created to read:

SB70-AA12,95,13 196.027 (1) (d) 3. The retiring of any existing electric generating facility fueled by nonrenewable combustible energy resources.

SB70-AA12,189 Section 189. 196.027 (1) (f) of the statutes is amended to read:

SB70-AA12,95,23 196.027 (1) (f) “Environmental control cost" means capital cost, including capitalized cost relating to regulatory assets, incurred or expected to be incurred by an energy utility in undertaking an environmental control activity and, with respect to an environmental control activity described in par. (d) 2. or 3., includes the unrecovered value of property that is retired, including any demolition or similar cost that exceeds the salvage value of the property. “Environmental control cost" does not include any monetary penalty, fine, or forfeiture assessed against an energy utility by a government agency or court under a federal or state environmental statute, rule, or regulation.”.

SB70-AA12,95,24 153. Page 374, line 11: after that line insert:

SB70-AA12,96,1 “ Section 190. 196.37 (7) of the statutes is created to read:

SB70-AA12,96,5 196.37 (7) It is not unreasonable or unjustly discriminatory for a public utility to implement low-income assistance programs if approved in a rate case in which the commission reviewed the program eligibility criteria and program credits or rebates and if that cost is incorporated in the public utility's published schedules or tariffs.”.

SB70-AA12,96,6 154. Page 374, line 11: after that line insert:

SB70-AA12,96,7 “ Section 191. 196.376 of the statutes is created to read:

SB70-AA12,96,14 196.376 Residential and commercial energy improvements. The commission may authorize a public utility to finance energy improvements at a specific residential or commercial location and recover the cost of those improvements over time through a surcharge periodically placed on the public utility customer's account for that location. The commission shall promulgate rules to establish the requirements for the utility financing programs authorized under this section. Those requirements shall include at least all of the following:

SB70-AA12,96,15 (1) The surcharge shall be assigned to a location, not to an individual customer.

SB70-AA12,96,17 (2) Energy improvements are eligible for financing only if the improvements are estimated to save an amount that exceeds the surcharge.

SB70-AA12,96,19 (3) The financing offered to a customer under this section may not increase the customer's risk or debt.”.

SB70-AA12,96,20 155. Page 374, line 11: after that line insert:

SB70-AA12,96,22 “ Section 192. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA12,193 Section 193. 20.115 (4) (at) of the statutes is created to read:

SB70-AA12,97,3 20.115 (4) (at) Farm to fork program. Biennially, the amounts in the schedule for the farm to fork program under s. 93.62.

SB70-AA12,194 Section 194. 20.115 (4) (au) of the statutes is created to read:

SB70-AA12,97,6 20.115 (4) (au) Value-added agricultural practices. Biennially, the amounts in the schedule for the value-added agricultural practices program under s. 93.65.

SB70-AA12,195 Section 195. 93.62 of the statutes is created to read:

SB70-AA12,97,14 93.62 Farm to fork program. (1) Definition. In this section, “farm to fork program” means a program to connect entities that are not school districts and that have cafeterias to nearby farms to provide locally produced fresh fruits and vegetables, dairy products, and other nutritious, locally produced foods in meals and snacks; to help the public develop healthy eating habits; to provide nutritional and agricultural education; and to improve farmers' incomes and direct access to markets.

SB70-AA12,98,2 (2) Grants. (a) The department may award grants from the appropriation under s. 20.115 (4) (f) to businesses, universities, hospitals, and other entities that are not school districts and that have cafeterias for the creation and expansion of farm to fork programs. The department shall give preference to proposals that are innovative or that provide models that other entities can adopt.

SB70-AA12,98,6 (b) In awarding grants under this section, the department shall promote agricultural development and farm profitability by supporting the development and adoption of practices and agribusiness opportunities that involve the production of value-added agricultural products, as defined under s. 93.65 (1).

SB70-AA12,98,8 (c) The department may award grants under this subsection for projects that do any of the following:

SB70-AA12,98,11 1. Create, expand, diversify, or promote production, processing, marketing, and distribution of food produced in this state for sale to entities in this state other than school districts.

SB70-AA12,98,14 2. Create, expand, or renovate facilities, including purchases of equipment for the facilities, that would ensure the use of food produced in this state in locations in this state other than schools.

SB70-AA12,98,16 3. Provide, expand, or promote training for food service personnel, farmers, and distributors.

SB70-AA12,98,17 4. Provide, expand, or promote nutritional and agricultural education.

SB70-AA12,98,19 (d) The department shall consult with interested persons to establish grant priorities for each fiscal year.

SB70-AA12,98,22 (3) Reports. At least annually, the department shall report to the legislature under s. 13.172 (2) and to the secretary on the needs and opportunities for farm to fork programs.

SB70-AA12,98,23 (4) Rules. The department may promulgate rules to administer this section.

SB70-AA12,196 Section 196. 93.65 of the statutes is created to read:

SB70-AA12,99,3 93.65 Value-added agricultural practices. (1) Definition. In this section, “value-added agricultural product” means a farm product that satisfies any of the following:

SB70-AA12,99,4 (a) The product has undergone a change in physical state.

SB70-AA12,99,5 (b) The product is produced in a manner that enhances its value.

SB70-AA12,99,6 (c) The product is physically segregated in a manner that enhances its value.

SB70-AA12,99,7 (d) The product is a source of farm-based or ranch-based renewable energy.

SB70-AA12,99,8 (e) The product is aggregated and marketed as a locally produced farm product.

SB70-AA12,99,12 (2) Value-added products. The department may provide education and technical assistance related to promoting and implementing agricultural practices that produce value-added agricultural products, including by doing all of the following:

SB70-AA12,99,21 (a) Assistance for organic farming practices. Providing education and technical assistance related to organic farming practices, including business and market development assistance; collaborating with organic producers, industry participants, and local organizations that coordinate organic farming; and stimulating interest and investment in organic production. The department may award grants from the appropriation under s. 20.115 (4) (f) to organic producers, industry participants, and local organizations that coordinate organic farming. The department may award a grant to an organic producer, industry participant, or local organization under this paragraph for any of the following purposes:

SB70-AA12,99,23 1. Providing education and technical assistance related to implementing organic farming practices.

SB70-AA12,99,24 2. Helping to create organic farming plans.

SB70-AA12,99,25 3. Assisting farmers to transition to organic farming.

SB70-AA12,100,3 (b) Grazing grants. Awarding grants from the appropriation under s. 20.115 (4) (f) to appropriate entities to provide education and training to farmers about best practices related to grazing.

SB70-AA12,100,5 (c) Promotion. Helping producers market value-added agricultural products, including products produced through the use of a practice described in s. 93.67.

SB70-AA12,100,6 (3) Rules. The department may promulgate rules to administer this section.”.

SB70-AA12,100,7 156. Page 374, line 11: after that line insert:

SB70-AA12,100,8 “ Section 197. 93.425 (3) of the statutes is amended to read:

SB70-AA12,100,14 93.425 (3) Of the moneys appropriated under s. 20.115 (3) (b), the center for international agribusiness marketing shall ensure that $2,500,000 is expended for the objective specified in sub. (2) (a), $1,250,000 is expended for the objective specified in sub. (2) (b), and $1,250,000 is expended for the objective specified in sub. (2) (c). The center may not expend more than $1,000,000 under the program in any fiscal year.”.

SB70-AA12,100,15 157. Page 374, line 11: after that line insert:

SB70-AA12,100,17 “ Section 198. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA12,199 Section 199. 20.115 (3) (f) of the statutes is created to read:

SB70-AA12,101,3 20.115 (3) (f) Meat processing tuition and curriculum development grants. The amounts in the schedule for providing meat processing tuition grants and curriculum development grants under s. 93.525.

SB70-AA12,200 Section 200. 93.525 of the statutes is created to read:

SB70-AA12,101,10 93.525 Meat processing tuition and curriculum development grants. (1) From the appropriation under s. 20.115 (3) (f), the department shall provide grants to universities, colleges, and technical colleges located in this state that have programs in meat processing to reimburse tuition costs of students enrolled in a meat processing program and for curriculum development for the meat processing program.

SB70-AA12,101,13 (2) Each tuition reimbursement made with a grant received under this section shall reimburse a student for not more than 80 percent of the first $9,375 of the tuition cost for enrolling in a meat processing program.”.

SB70-AA12,101,14 158. Page 374, line 11: after that line insert:

SB70-AA12,101,15 “ Section 201. 20.866 (2) (we) of the statutes is amended to read:

SB70-AA12,101,22 20.866 (2) (we) Agriculture; soil and water. From the capital improvement fund, a sum sufficient for the department of agriculture, trade and consumer protection to provide for soil and water resource management under s. 92.14. The state may contract public debt in an amount not to exceed $68,075,000 $89,075,000 for this purpose. The state may contract additional public debt in an amount up to $7,000,000 for this purpose. The state may contract additional public debt in an amount up to $7,000,000 for this purpose.”.

SB70-AA12,101,23 159. Page 374, line 11: after that line insert:

SB70-AA12,102,2 “ Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

SB70-AA12,102,7 (1) Conversion of project positions to fte positions for meat inspection. The authorized 2.0 GPR project positions and 2.0 FED project positions for the department of agriculture, trade and consumer protection for the meat inspection program are converted to authorized 2.0 GPR FTE positions and 2.0 FED FTE positions.”.

SB70-AA12,102,8 160. Page 374, line 11: after that line insert:

SB70-AA12,102,10 “ Section 202. 100.30 (2) (am) 1m. a., b., c., d. and e. of the statutes are amended to read:

SB70-AA12,102,21 100.30 (2) (am) 1m. a. In the case of the retail sale of motor vehicle fuel by a refiner at a retail station owned or operated either directly or indirectly by the refiner, the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

SB70-AA12,103,10 b. In the case of the retail sale of motor vehicle fuel by a wholesaler of motor vehicle fuel, who is not a refiner, at a retail station owned or operated either directly or indirectly by the wholesaler of motor vehicle fuel, the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale, and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or replacement cost of the motor vehicle fuel, plus a markup of 9.18 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retail station plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

SB70-AA12,103,22 c. In the case of the retail sale of motor vehicle fuel by a person other than a refiner or a wholesaler of motor vehicle fuel at a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel, plus a markup of 6 percent of that amount to cover a proportionate part of the cost of doing business; or the average posted terminal price at the terminal located closest to the retailer plus a markup of 9.18 percent of the average posted terminal price to cover a proportionate part of the cost of doing business; whichever is greater.

SB70-AA12,104,6 d. In the case of a retail sale of motor vehicle fuel by a refiner at a place other than a retail station, the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's retail sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. d.

SB70-AA12,104,16 e. In the case of a retail sale of motor vehicle fuel by a person other than a refiner at a place other than a retail station, the invoice cost of the motor vehicle fuel to the retailer within 10 days prior to the date of the sale, or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the retailer as set forth in this subd. 1m. e.

SB70-AA12,203 Section 203. 100.30 (2) (c) 1g. of the statutes is amended to read:

SB70-AA12,105,2 100.30 (2) (c) 1g. With respect to the wholesale sale of motor vehicle fuel by a refiner, “cost to wholesaler" means the refiner's lowest selling price to other retailers or to wholesalers of motor vehicle fuel on the date of the refiner's wholesale sale, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost of the motor vehicle fuel, to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.

SB70-AA12,204 Section 204. 100.30 (2) (c) 1r. of the statutes is amended to read:

SB70-AA12,105,14 100.30 (2) (c) 1r. With respect to the wholesale sale of motor vehicle fuel by a person other than a refiner, “cost to wholesaler" means the invoice cost of the motor vehicle fuel to the wholesaler of motor vehicle fuel within 10 days prior to the date of the sale or the replacement cost of the motor vehicle fuel, whichever is lower, less all trade discounts except customary discounts for cash, plus any excise, sales or use taxes imposed on the motor vehicle fuel or on its sale and any cost incurred for transportation and any other charges not otherwise included in the invoice cost or the replacement cost of the motor vehicle fuel to which shall be added a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be 3 percent of the cost to the wholesaler as set forth in this subdivision.”.

SB70-AA12,105,15 161. Page 374, line 11: after that line insert:

SB70-AA12,105,16 “ Section 205. 66.0104 of the statutes is repealed.

SB70-AA12,206 Section 206. 66.0602 (2m) (c) of the statutes is created to read: