Energy & Climate Change: Growth Management & Environmental Policy Ramifications July 23, 2009

1. Energy & Climate Change: Growth Management & Environmental Policy Ramifications July 23, 2009

2. HB 697 Enactment, Rules & Directions

3. Panel & Topics 1st Session: Dennis E. Gilkey – Gilkey Organization, LLC Facilitator & Overview Overview, Observations, Trends. Summary of Program for Resource Efficient Communities Protocol for Monetizing energy elements for master planned communities Jim Murley –Florida Atlantic University State Energy and Climate Change Commission – direction, CO2 issues, efficiency. Overview of SFRPC Climate Change and Sea Level Rise EAR Process Erin Deady –Lewis Longman & Walker, P.A. Local Government Implementation, building code requirements, green building incentives, certification programs, greenwashing

4. Panel & Topics 2nd Session: Vinette Godelia – Hopping Greens & Sams HB 697implementation , cluster development, urban infill, reducing VMT Michael Tammaro – Florida Power & Light Energy industry response, nuclear/ environmental issues, energy conservation and energy devices Ernie Cox – Family Lands Remembered, LLC Babcock solar project, rural/greenfield development, energy, VMT. Costs and opportunities of energy requirements

5. Posted on Fri, Jul. 13, 2007 THE ENVIRONMENT Crist sets Florida on a green path Florida will act forcefully on its own to counter global warming,Gov. Crist said as he prepared to sign a series of pollution-fightingorders. BY MARTIN MERZER mmerzer@MiamiHerald.com Surrounded by foreign officialsbut no one from the Bush administration, Gov. Charlie Crist warned Thursday that global warming poses such a dire threat to Floridians that the state must take immediate, dramatic and unilateral action. The first phase of that initiative begins today as Crist signs unprecedented orders intended to help reduce pollution, slow global warming and position the state as a national model—even as the federal government remains on the sidelines.

6. The Implementation of House Bill 697 The Florida Legislature enacted HB 697 in the 2008 session. HB 697 establishes new local planning requirements relating to energy efficient land use patterns, transportation strategies to address greenhouse gas reductions, energy conservation, and energy efficient housing. These new requirements became effective on July 1, 2008. Implementation of these requirements presents the Department and local governments with new challenges and opportunities.

7. Summary Elements of HB 697 • Energy efficient land use patterns • Greenhouse gas reduction strategies – transportation buildings • Energy conservation • Energy efficiency in design/construction • Use of renewable energy sources

8. General Observations HB 697 • The basis of HB 697 is valid and necessary in addressing Global Warming, CO2 emissions energy and transportation • The mobility fee for transportation impacts is a good approach. • Mixed-use development is necessary – and is already happening. • Compact Development is also necessary – and is already happening • There will still be development in the green fields and suburbs, but higher net densities, and a greater mix of uses.

9. Commuting- Trends & Evaluation of Work Access Modes • Driving alone has risen from a 1980 market share of 66 percent to the present 77 percent. • Transit’s share of work trips has fallen from 6.3 percent to 4.9 percent between 1980 and 2006. • The walk share of work trips has been falling, a market share loss from 5.7 percent to 2.9 percent. The Information Technology & Innovation Foundation, Jan. 2009

10. Telecommuting Telecommuting (working at home) has increased more rapidly than other methods of travel to work (such as driving, car pools and public transit.) The Information Technology & Innovation Foundation, Jan. 2009

11. Mass Transit • Mass transit has the longest average travel times of any major commute mode. • Subsidies accounted for 77 percent of transit capital and operating expenditures. The Information Technology & Innovation Foundation, Jan. 2009

12. Principal Commuting Modes by Metropolitan Area over 1,000,000 population: 2006 TOP F L O R I D A The Information Technology & Innovation Foundation Jan. 2009

13. Concerns/Issues HB 697 • Lower vehicle miles traveled cannot be put totally on the backs of the new growth. • Government needs to do its part, not just by regulation, but also by providing appropriate infrastructure. • Safety is still the number one issue for people selecting where they want to live.

14. Concerns/Issues • Need to address price, including land and infrastructure, of infill and density. • People want environment, open space- not all or even the majority want to live in an urban setting • Need to also recognize that there are residential market forces. Can’t force the market.

15. Every 8 Seconds: American Housing as Boomers Turn 60 • The vast majority of older boomers want to remain in as single-family detached home, but that amount is reducing from previous surveys. • The desire for a semi-detached and multi-unit buildings stands at 26% among boom-fluentials (over $100K family income). • Boomers are suburbanites and they plan to stay suburban. • Almost as many as 67% want to live in the suburbs in the future. • 16% want to live in an urban community when they retire, suggesting little if any movement to the cities. Source: American Housing Conference/Hanley Wood (2006)

16. Every 8 Seconds: American Housing as Boomers Turn 60 • 51% want to move to a better climate • Green features and products and services that make homes more energy efficient are important to boomers. • A home designed for energy efficiently is hot (2/3 prefer this.) • Living close to the great outdoors (over half prefer this.) • An outdoor living community is desired. • A green community appeals to their social conscience. Source: American Housing Conference/Hanley Wood (2006)

17. Economics – jobs, income • Need new economic engines for Florida • This can’t just be about density and where people live; it must also be about what types of jobs they have and where those jobs are located • “Gen Y” may be our targeted consumer to make a significant impact

18. Possible Unintended Consequences • Higher home prices • Higher costs to businesses • Pulling up the welcome mat for people wanting to move to Florida • What about sea level rise? Where should density occur? Possibly not best in areas below a certain elevation like 7 or 8 feet above sea level • Will this trigger the proliferation of 5 and 10 acre lots (by rights) throughout the state?

19. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities

20. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities A collaborative project spearheaded by UF’s Program for Resource Efficient Communities. A written model legal and implementation framework for the development of energy efficient master planned communities in Florida.

21. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Objectives: • Promote the adoption of best design, construction, and management practices that measurable increase energy efficiency in new residential community developments. • Create a unique written field guide or resource for landowners/developers in Florida to use to entitle, structure, finance and develop residential and mixes use communities that: • Conserve energy- reducing carbon emissions • Limit developer exposure to currently contemplated or future regulatory requirements • Create and monetize innovative revenue streams for the developer and/or community

22. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Incorporating alterative energy and energy management components into the communities using progressive financing and energy management strategies that benefit the residents, drive revenue to the developers and advance the carbon reduction goals and/or requirements of the federal, state and local governments • Sponsored by landowners/developers in Florida, technology companies and grant monies • Complete the Project and provide a written deliverable to the Sponsors by end of 2009

23. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 1 - Addressing Emerging Comprehensive Planning Issues: • Implications of State Mandated Local Government Requirements for Energy Efficient Land Use Patterns, Greenhouse Gas Reduction Strategies and Energy Efficiency Requirements per HB 697 • Carbon Footprinting and Methodology to Establish the Baseline and Demonstrate Compliance • Model Local Government Comprehensive Plan Goals, Objective and Policies for HB 697 Compliance

24. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 2 - Development of Regional Impact (DRI) Development Order Considerations • Chapter 3 - Development Agreement Considerations • Establish Manageable Carbon Reduction and Efficiency Objectives • Establish Foundation for “Additionality” for Creation of Carbon Credits • Compliance with Local Carbon Reduction or Energy Efficiency Requirements • Establishing Predicate for Special District Financing of Energy Improvements

25. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 4 - Project Governance Controls • Mandating Construction and Design Standards to Maximize Performance • Establishing Mandatory Builder and Homeowner Participation Requirements • Mandatory Easement Dedication Requirements • Measurement and Verification Standards and Protocol • Monitoring and Enforcement • Data Collection and Display Right

26. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 5 - Reserving and Monetizing Carbon Credit Rights • Carbon as Property Rights v. Contractual Interest • Carbon Rights Reservation Mechanisms • Purchaser and Lessee Disclosure Issues • Lender, Debtor and Title Issues • Protocols for Creating Market Ready Credits • Aggregating and Selling the Carbon Credits

27. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 6 - Reserving and Monetizing Renewable Energy Credits (RECs) • Reservation Mechanisms (Covenants, Deed Reservations, Contracts • Contracts for Sale • Disclosure Issues

28. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 7 - Progressive Alternative Energy Financing Options • Community Development Districts and Ch. 189 Districts as a Vehicle for Tax Free Financing • Solar Assessment District Variants • Power Purchase Agreements • Federal Tax Code Considerations and Strategies

29. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 8 - Home Site Easement Requirements • Rooftop Easements • Access and Maintenance Easements • Insurance Issues: Property and Installer Liability • Chapter 9 - Capturing Federal and Other Tax Credits

30. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 10 - Contracting with Energy Management Companies and ESCOs • Monetize Demand Side Management • Monetize Supply Side Management • Public Utility Benefits

31. Implementation Protocol for Monetizing Energy Efficiency in Resource Efficient Communities • Chapter 11 - Community Owned Energy Infrastructure • Common Area Alternative Energy Systems • Evaluating Micro Grid Opportunities and Issues • Excluding Other Providers – Platting and other Exclusive Use Considerations • Chapter 12 - Implementation Issues and Considerations with Using Third Party Rating Systems

33. Thank You! July 23, 2009 Dennis GilkeyCEO & MANAGING PRINCIPAL