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“Suitable or Unsuitable?” An Update on Florida’s Energy Transition to Renewables

November 3, 2022 DReynolds

If we are to ever solve our climate crisis, a key step will require a total transformation of our global energy system and that starts by eliminating the use of every possible drop of fossil fuel that we consume today. To do that the rule that three friends and I helped motivate the State of Florida to finally publish earlier this year holds the promise of eliminating fossil fuels within our state’s energy system in favor of renewables by 2050 was an important first step. But only that, a first step. With this in mind, I want to update you on the important next steps and the work we’ve been doing over the last few months including an example the challenges we continue to face to fulfil the promise of our new rule.

Before I update you on the latest news, allow me to remind you that in April of this year the Florida Department of Agriculture and Consumer Services (FDACS) agreed to publish a rule that set a state-wide goal for the State of Florida: reach 100% renewable energy by 2050. The state issued this rule only after the urging of Florida youth, including hundreds of young people from all over Florida who signed a petition for rulemaking asking FDACS to help decrease the use of fossil fuels in the State of Florida, as well as 100% renewable energy use by 2050. As one of the lead petitioners – alongside my friends Valholly Frank, Isaac Augsperg, and Levi Draheim – I am extremely proud that FDACS listened to young peoples’ voices and took action by creating the first piece of climate policy in the State of Florida in over a decade and what some have called the most significant step Florida has ever taken. These are the types of steps that we should be taking nation-wide to shift our economy from one based on fossil fuels to one based on renewable energy. So, thank you again to the young people all over Florida who helped me by using our voices to fight for our environment.

As we consider the next steps it’s important to know the rule’s purpose is to help ensure that something called the Public Service Commission (PSC), Florida’s utility regulatory, enforces the goal by ensuring that Florida utilities create a plan and work towards reaching the 100% renewable energy by 2050 goal. The PSC exercises regulatory authority over utilities in three areas (A) economic regulation of the rates utilities charge consumers; (2) competitive market oversight; and (3) monitoring the utilities safety, reliability, and service.

To say that the PSC plays an important role in enforcing the new role is an understatement. One way it’s envisioned that they will help ensure that utilities meet this goal relates to the fact that every two years Florida utilities must submit what’s known as a Ten-Year Site Plan to the PSC, whose Board then approves or denies the utilities plan based on whether it meets Florida’s regulations and standards.

Now that Florida has approved our new renewable energy rule the PSC should be working with the utilities to commence a planned transition to renewable energy to meet our 2050 goal. Given its important role as Florida’s chief utility regulator, the PSC has become the focus of our work in recent months as we strive to ensure that the Commission upholds its responsibility to Floridians by enforcing this critically important transition. We’ve read all the utilities’ most recent Ten-Year Plans and, not surprisingly, concluded that they do not take the steps needed to utilize 100% renewable energy sources by 2050. We shared those concerns with the PSC in a letter in August and in doing so we requested that the PSC find all the utilities’ site plans as “unsuitable” and therefore not consistent with either Florida’s legal requirements nor the public utilities own announced commitments to increase their use of renewable energy to reach their decarbonization targets. In our August letter we explained:

The PSC’s ten-year site plan review process represents the only long-term energy planning undertaken by the State of Florida. For years, the PSC has routinely found utilities ten-year site plans to be ‘suitable’ even though they are inconsistent with state law and energy policy and have resulted in an energy system that is violating the constitutional rights of Florida youth.

We also explained the following:

The utilities’ 2022 ten-year site plans violate Florida law by, among other deficiencies, facilitating increased natural gas infrastructure and use over this critical period for climate change mitigation opportunity. Although NextEra and Duke Energy have publicly announced emissions reduction plans, their 2022 site plans still forecast significant – and in the case of Duke Energy Florida, increased-natural gas use over the next decade. The PSC cannot continue to find such plans “suitable” that lock in Florida’s reliance on fossil fuels and which are contrary to state law and harmful to the public interest.

And, in addition to our letter we also provided a 16-page document entitled “The PSC’s Suitability Findings Must Comply with State Law & Policy.” That document detailed the historic lack of fuel diversity by the utilities 2022 Ten-Year Site Plans, that their plans do not analyze the environmental impact of the proposed natural gas power plants, that they do not analyze economically and technologically feasible options to continued natural gas dependence, that the utilities 2022 Ten-Year Site Plans are inconsistent with the State Comprehensive Plan, that the Plans violate the Florida Renewable Energy Policy, that the Plans are not consistent with FDACS’ renewable energy goals, that the Plans ignore city and country renewable energy goals, and that the Plans are inconsistent with utilities’ own public plans for decarbonization. As I said, given these concerns we asked the PSC to find the utilities’ 2022 site plans “unsuitable.”

Late last month the PSC’s responded and I want to share their letter with you. Keeping in mind that our energy transformation away from fossil fuels is an essential key to solving our climate crisis it’s terribly important to understand that our society can’t solely rely on the very industries that have been causing and perpetuating the pollution for a century (utilities, auto makers, fossil fuel firms and other such stakeholders) to evolve into our renewable energy future on their own. Governments around the world, including yes right here in Florida, must provide the serious motivation, regulation, and rules for them to achieve what society and our climate deserve.

Unfortunately, the PSC’s initial response does not seem to fully grasp the gravity of our climate crisis, nor its own regulatory role in fixing the problem. Instead, the PSC sees itself as having an “informal” role, believes that its review of the Ten-Year Site Plans by utilities is but an “informal action” and that it’s not up to them to determine whether such a plan is “suitable” or “unsuitable” despite their role as Florida’s utility regulator. Here’s what they wrote my colleague and lawyer from the firm I am working with on this issue, Our Children’s Trust, Andrea Rodgers, in response to our August letter:

PSC page 1

To be clear, the PSC’s initial response does not fully surprise me. The PSC has long been seen as a perhaps too friendly advocate for the utility industry so the idea that they would easily focus on the public’s concern and our new rule and something so important as the crisis we face should not surprise anyone. But, just like our energy providers, our governments must also evolve their thinking if we are ever going to truly evolve from today’s antiquated approach to power to one based on renewable energy. And, here in Florida, that certainly includes the Public Service Commission.

As I have said many times before, we’ve only just begun the hard work related to our new rule and the energy evolution that’s required to save special places all over Florida. The attached PSC response helps make that point and illustrates the types of challenges we will face not only from the utilities themselves, but government officials charged with regulating our energy providers. The good news is that I know I speak for young people all over our State of Florida and the world beyond when I say that we look forward to working to transition regulatory thought at places like the PSC, along with our energy system, before it’s too late.

#AlwaysBelieve, #BeInconvenient, #MyOceanPledge, #RatherBeInCourt, #SaveMiami, Andrea Rodgers, Climate Change, Delaney Reynolds, Department of Agriculture, Eco Warrior, FDACS, Florida, Global Warming, Miami, Miamisearise.com, Nikki Fried, Our Children's Trust, Politics, Sea Level Rise, Sea Rise, The Sink or Swim Project

August 9th, 2022: A Historic Day For Florida’s Environment

August 9, 2022 DReynolds

I am pleased to share that earlier today the Florida Department of Agriculture and Consumer Services’ (FDACS) renewable energy rule, Chapter 5O-5: Renewable Energy, became effective. This new rule is perhaps the most significant climate policy ever established in Florida history and allows our state to take major steps towards a sustainable future without carbon pollution. The rule sets the following renewable energy goals for Florida’s electric utilities:

At least 40% by 2030,
63% by 2035,
82% by 2040, and
100% by 2050.

These goals and the accompanying requirements were officially proposed in April 2022 by FDACS Commissioner Nikki Fried in response to a petition for rulemaking that three friends of mine and I filed in January 2022. The petition for rulemaking called on FDACS to require “each electric utility that produces or purchases electricity for consumption in the State of Florida” to set and achieve goals to “generate 100% of Florida’s electricity from renewable energy by 2050.” It remains amazing that four young people, two of which can’t yet even vote, had to force the State into enacting these rules, but I am deeply proud of the outcome and all Floridians should be too.

And speaking of pride, allow me to send a shout out to my amazing co-petitioners and long time friends: Valholly, Isaac, and Levi who have been with me, and I with them, every step of the way since 2018 when we sued Governor Rick Scott and more recently Governor DeSantis, as well as more recently pursued the FDACS petition that led to today’s rule. Also allow me to give a very special shout out to the hundreds of Florida youth all over our state that signed on to our petition and had their voices about Florida’s energy future heard loud and clear. To each of you please know that I am SO very proud of you and that you should be proud of the important role you played in helping us make this happen in Florida.

Here’s what my friend and our Senior Litigation Attorney from Our Children’s Trust, Andrea Rogers, had to say about the new rule and today’s news:

“This rule – the strongest climate policy enacted in Florida in over a decade – was only made possible because youth in Florida demanded climate action. Over 200 young Floridians signed the petition for rulemaking to set significant and achievable renewable energy goals, holding their government accountable for its contributions to the climate crisis and demanding meaningful action. Today, thanks to their determined efforts, present and future generations of Floridians are headed toward a safer, more sustainable energy future.”

Andrea’s firm, Our Children’s Trust, and their team deserves tremendous credit for all of their hard work on helping me get this new rule established. Andrea, Mitch, Guy, David, Paul, and the rest of their team also represented and supported me and my three other lead youth petitioners in Reynolds v. State of Florida in 2018. Our Children’s Trust is doing amazing work as evidenced by today’s rule here in Florida, as well as cases all over our planet including Navahine F. v. Hawai’i Department of Transportation, Held v. State of Montana (which, when it proceeds to trial in 2023, will be the first ever children’s climate trial in U.S. history) and, of course, their representation of 21 youth plaintiffs in the landmark federal constitutional climate lawsuit Juliana v. United States, who are awaiting a decision in their case that could also set the stage for trial in 2023 (and whose story can be found on the Netflix documentary Youth v Gov).

Allow me to also sincerely thank Commissioner Fried and her staff including Stephen Sharpe and Shelby Scarpa for their support. Although the framework for today’s rule was established in 2006, it saddens me that for nearly two decades our State’s adult leaders did nothing to actually implement the required rules and that it took a few passionate youth to make the state take action that led to today’s rule, but we are grateful that each of you listened to our concerns. Future Floridians will be forever grateful to you for supporting us.

Our climate fight leaves little time to breathe sighs of relief but today’s news should allow us to all take a deep breath and consider a Florida where everyone can breathe clean air by 2050 as our energy system shifts to sustainable power as a result of today’s new rule. We have much more to do if we are to solve our climate crisis but today’s step here in the Sunshine State places Florida at the forefront of solutions here in the United States and around the world. Congratulations Florida and thank you for allowing me to play a small role in making Florida climate legislation history.

#RatherBeInCourt, Andrea Rogers, Climate Change, Delaney Reynolds, Department of Agriculture, Eco Warrior, FDACS, Florida, Global Warming, Miami, Miamisearise.com, Mitchell Chester, Nikki Fried, Our Children's Trust, Politics, Sea Level Rise, Sea Rise, The Sink or Swim Project, Youth V Gov

Breaking News: Florida Sets Climate Goal of 100% Renewable Energy by 2050 by Accepting Youth Petition

April 22, 2022 DReynolds

Today is a big day for Florida and for our environment.

As a result of the Petition my friends and I filed in January, Florida Commissioner of Agriculture and Consumer Services Nikki Fried agreed to begin the rulemaking process and today announced the Rule setting the goal that Florida achieve 100% renewable energy by 2050. This Rule holds the promise of starting to solve the cause of our climate crisis, the use of fossil fuels, and I could not be more excited, nor proud.

I’d like to start by thanking my other three youth Petitioners in this historic effort: Valholly, Isaac, and Levi. I must tell you that whether it’s acting as youth plaintiffs in the lawsuit we filed against Governor Scott several years ago or the Rule we are advancing today, it is not easy putting ourselves in the line of fire so to speak, especially so at such young ages, nor is it easy having to make countless sacrifices to fight for our environment. But I know I speak for each of us when I say that the importance of what we are trying to accomplish, what we are trying to protect not only for ourselves but for every future generation is worth the time and sacrifice. So, thank you Valholly, Isaac, and Levi.

20220421_105948

And speaking of young Floridians, allow me to also thank the hundreds of young people all over the state who signed on to support our Petition earlier this year. To each of you I am sincerely grateful and most certainly proud. The work to implement rules to shift Florida’s energy to sustainable solutions will be long and I suspect often hard, but I know I can count on young Floridians to do the right thing, to fix what the adults before us have done and to make Florida a leader in the world-wide fight against our climate change crisis.

I’d like to, of course, thank Commissioner Fried for her leadership in accepting our Petition as well as her staff members Ms. Shelby Scarpa and Mr. Steven Hall for their hard work. Supporting our Petition for Rulemaking requires fortitude and a passion to set political differences aside but, of course, anything truly worthwhile requires such sacrifices and I am proud of each of you for making the right decision and supporting the concerns of not only my friends and me, but future generations forever more.

I’d also like to thank the folks from Our Children’s Trust including Julia Olson and especially my friend, lawyer, and longtime supporter in my desire to see Florida address the cause of climate pollution, Andrea Rogers, as well as Paul Rink and David Schwartz. Allow me to also thank Mitchell Chester, my Ft. Lauderdale based attorney. I’ve known Mitchell since I began working to fix our climate crisis when I’d just become a teenager and I am very grateful for his support and friendship for now nearly a decade, so thank you Mitch.

So on this gorgeous South Florida Spring Day, I’d like to share why today’s announcement is so important, what should happen next and why the opportunity ahead of us is so exciting.

As I mentioned, and as is worth repeating, the promise that the Rule holds is that today Florida can begin to actually address a core cause of our climate crisis: the use of fossil fuels in Florida’s energy system. That’s why today’s announcement and the steps that will follow are so monumentally important to our future.

The 2006 Florida Renewable Energy Policy (§366.92) that the Florida Legislature passed was created to transition our energy sources in Florida to sustainable sources by 2050 and not only better protect our own State but help the United States and the world beyond solve the cause of our climate crisis. Unfortunately, 12 years have passed since that law was created and in that time our government has done nearly nothing to embrace the 2006 law’s promise of shifting Florida’s energy sources to entirely sustainable ones.

That is until today when inaction transitions into action.

And speaking of politics, some elected leaders would have you believe that they are committed to addressing our climate crisis by strictly touting mitigation and resiliency efforts.

Unfortunately, it is true that we have no choice but to work to mitigate the damage mankind has already done and continues to do to our atmosphere and oceans by employing measures you can find all over South Florida such as seawalls, raising roads, and installing pumps as just a few examples.

But if we are to ever actually solve what’s causing our climate change crisis it will not be through mitigation and resiliency but by having our leaders, both private and public, actually address the foundational cause.

Now I might only be 22 but it seems to me that rather than allowing the problem to get worse by the day, rather than throwing away hundreds of billions of taxpayer dollars, and in time trillions, to try and mitigate the problem we should be trying to solve what’s causing the problem: the use of fossil fuels all over our planet, including most certainly right here in Florida.

Is that not a worthy goal of our public servants, those elected to help us? I sure think so and, with that in mind, I am calling on our elected officials to embrace the rule making process and help nudge our energy providers to becoming 100% sustainable by 2050.

And speaking of Florida’s energy providers, I call on each of you to also embrace the Rule and to transparently work with the State and public to meet the goal of only utilizing sustainable energy on or before 2050. Together we can transition our energy sources to sustainable ones.

To Eric Silagy, Florida Power and Light’s CEO, and both my local power company and Florida’s largest energy company, I’d like to challenge you and your parent company, NextEra Energy, to openly and publicly embrace this transition and the Rule that is about to be established in a transparent manner. I ask you to set aside the PR and expensive television advertising touting your supposed commitment to sustainable energy and ask that we work together to shift your energy sources to being 100% sustainable by 2050.

FPL has been in business here in Florida since 1925 and after nearly 100 years sources less than 3% of its energy from solar, from the sun. Remarkably, FPL sources nearly the same amount of its energy from coal and oil. Mr. Silagy, FPL can and must do better and I call on you to embrace the rulemaking process to work with us to make this a reality.

I also want to very specifically ask Florida Governor DeSantis to set the political rhetoric aside and to publicly embrace the rule making process and in doing so demand that Florida’s energy suppliers shift entirely to sustainable sources. If you are serious about protecting our environment, about Florida’s future and about lowering energy costs for Floridians then today’s news should be easy for you to support.

Allow me to also address a couple of the reasons why today’s news is so filled with opportunity for our state.

Some, of course, will suggest that one state within one country can’t have an impact in helping solve the climate crisis but I do not agree. Consider that according to the Florida Chamber Foundation, if Florida were a country of its own then our economy would be the 17^th largest in the world. And soon will be the 15^th largest and by 2030 Florida is projected to be the 10^th largest ahead of entire countries such as Russia, Brazil, and Spain to name just three. With 22 million residents, a number expected to grow to at least 26 million by the end of this decade, Florida most certainly has the size and scope to make a real difference in solving our climate crisis and to lead the way for others to surely follow.

And since we are in sunny South Florida let’s consider that according to the World Economic Forum 79% of the United States’ energy demand could be met by solar power and enhanced battery systems by 2050, while also lowering energy system costs. And that’s just from solar power.

I’ve grown up part-time in a solar powered home and it has long seemed to me that in a place called The Sunshine State, the State of Florida government should embrace and facilitate solar power both as the major source of our energy but as an industry. Can you imagine a day when most of Florida’s energy comes from the sun? Or for that matter a day where our state is the worldwide leader in manufacturing solar equipment, panels, and batteries? Unfortunately, Florida is nowhere near where it could be, but today’s news is a step in the right direction.

And speaking of good news, in 2021 the Southern Alliance for Clean Energy concluded that the State of Florida has the most capacity for solar energy in the entire Southeast. 17 States have already committed to shifting to 100% renewable energy within the next three decades and cities here in Florida such as Orlando and Sarasota have committed to the same goal. This is what citizens of the United States want, this is what citizens of the State of Florida want and, it’s what our environment needs and deserves so today’s news certainly helps us take a step in the right direction and for that I am very, very grateful.

Thanks again to everyone who has worked so hard to make today’s announcement a reality. I can’t begin to emphasize enough how important it is that we take real action to eliminate our fossil fuel use before its too late, before more of Florida’s 1,350 miles of coastline disappear and before special places like Miami Beach, the Everglades, or the Florida Keys are lost forever.

Thank you to everyone who was involved in writing the petition, signed the petition, and to Commissioner Fried and her staff for implementing the Rule.

Happy Earth Week everyone!