Florida Constitution Amendment - Section 28. USE OF RENEWABLE ENERGY SOURCES.

Ballot Summary:

By December 31, 2020, 20 percent of electricity sold at retail by an electric utility shall be generated from renewable energy sources. Renewable energy sources include solar, wind, ocean, biomass, hydroelectric power, manufacturing waste heat and non-fossil hydrogen fuel.

Compliance records with this renewable energy requirement shall be maintained by the Florida Public Service Commission and can be enforced by any citizen or the attorney general.

Fossil and nuclear fuels are not eligible.

Article and Section being Created or Amended:

Article X of The Florida Constitution

is hereby amended to add

the following as Section 28

Full text of the proposed Constitutional Amendment:

Section 28. USE OF RENEWABLE ENERGY SOURCES.

(a) PURPOSE. A specified commitment to increasing the use of renewable energy sources by the year 2020 encourages the use of more environmentally sustainable and natural sources of energy instead of traditional sources, such as fossil and nuclear fuels, and encourages job creation within the state resulting from development and use of new and innovative energy technologies.

(b) USE OF RENEWABLE ENERGY SOURCES. By December 31, 2020, 20 percent of the electricity sold by an electric utility at retail shall be generated from renewable energy sources.

(c) DEFINITIONS. For the purpose of this section:

(1) “electric utility” means every person, corporation, partnership, association, governmental entity, and their lessee, trustees, investor -owned utility, or receivers supplying electricity to or for the public at retail within this state, or operates an electric generation, transmission or distribution system within the state.

(2) “renewable energy source” includes electrical energy produced using one or more of the following fuels or energy sources: solar energy, wind energy, ocean energy, geothermal energy, biomass, hydroelectric power, waste heat, or non-fossil hydrogen fuel. Fossil and nuclear fuels and their derivatives are not eligible resources.

(3) “biomass” means a power source that is composed of, but not limited to, non-toxic plant matter,

combustible residues or gases from forest products manufacturing, slash, brush, waste byproducts, or products from agricultural and orchard crops, waste or co-products from livestock and poultry operations, waste or by products from food processing, urban wood waste, municipal solid waste, municipal liquid waste treatment operations, and methane produced at landfills.

(4) “waste heat” means waste heat from sulfuric acid manufacturing operations.

(5) “ocean” means tidal, wave, current and ocean thermal energy.

d) ENFORCEMENT. The requirement for utilization of renewable fuels in subsection (b) of the section is self-executing. Compliance records shall be maintained by the Public Service Commission and can be enforced by actions filed by the people directly or by the attorney general independent of or on behalf of the people.

(e) EFFECTIVE DATE. This section shall become effective immediately upon approval by electors of Florida.

For Official Use Only:

Serial Number: 11-03

Date Approved: 3/3/2011