Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1538
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/24/2015           .                                

       The Committee on Communications, Energy, and Public Utilities
       (Bradley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 377.810, Florida
    6  Statutes, is amended to read:
    7         377.810 Natural gas fuel fleet vehicle rebate program.—
    8         (3) NATURAL GAS FUEL FLEET VEHICLE REBATE.—The department
    9  shall award rebates for eligible costs as defined in this
   10  section. Forty percent of the annual allocation shall be
   11  reserved for governmental applicants, with the remaining funds
   12  allocated for commercial applicants. A rebate may not exceed 50
   13  percent of the eligible costs of a natural gas fuel fleet
   14  vehicle with a dedicated or bi-fuel natural gas fuel operating
   15  system placed into service on or after July 1, 2013. An
   16  applicant is eligible to receive a maximum rebate of $25,000 per
   17  vehicle up to a total of $250,000 per fiscal year. Any
   18  unencumbered funds remaining after May 1 of each fiscal year may
   19  be used by the department to award an additional rebate of up to
   20  $250,000 for a governmental applicant. Any unencumbered funds
   21  remaining after June 1 of each fiscal year may be used by the
   22  department to award an additional or new rebate of up to
   23  $250,000 for a governmental or commercial applicant. All natural
   24  gas fuel fleet vehicles eligible for the rebate must comply with
   25  applicable United States Environmental Protection Agency
   26  emission standards.
   27         Section 2. Section 377.811, Florida Statutes, is created to
   28  read:
   29         377.811 Heavy transportation industry natural gas rebate
   30  program.—
   31         (1) CREATION AND PURPOSE OF PROGRAM.—There is created
   32  within the Department of Agriculture and Consumer Services a
   33  heavy transportation industry natural gas rebate program. The
   34  purpose of this program is to help reduce transportation costs
   35  in this state, encourage the use of a domestic fuel source, and
   36  encourage heavy transportation industry investments that
   37  contribute to the economic growth of the state.
   38         (2) DEFINITIONS.—As used in this section, the term:
   39         (a) “Conversion costs” means the costs associated with
   40  retrofitting a diesel-, gasoline-, or heavy fuel oil- powered
   41  locomotive, waterborne ship, or other high horsepower engine to
   42  a natural gas powered eligible vehicle.
   43         (b) “Department” means the Department of Agriculture and
   44  Consumer Services.
   45         (c) “Eligible costs” means the conversion costs or the
   46  incremental costs incurred by an applicant in connection with an
   47  investment in the conversion, purchase, or lease lasting at
   48  least 10 years of a natural gas-powered eligible vehicle. The
   49  term does not include costs for project development, fueling
   50  stations, or other fueling infrastructure.
   51         (d) “Eligible vehicle” means one or more locomotives,
   52  waterborne ships, or other high horsepower engines used for
   53  transportation purposes registered or licensed in this state and
   54  used for commercial business or governmental purposes. Eligible
   55  vehicles must be newly constructed or repowered and placed into
   56  service on or after July 1, 2015. Waterborne ships must be built
   57  and documented in the United States with a coastwise endorsement
   58  under the Jones Act, 46 U.S.C. s. 55102, and used to provide
   59  regular transportation of merchandise between one or more ports
   60  in this state and other domestic ports. If the eligible vehicle
   61  is registered with a federal regulatory body, the owner must
   62  certify in writing that the eligible vehicle will be used the
   63  majority of the time in this state or a waterborne ship that
   64  uses a port in this state in its rotation, subject to department
   65  review.
   66         (e) “High horsepower engine” means any engine that provides
   67  more than 1,000 horsepower and is used for nonhighway
   68  transportation purposes.
   69         (f) “Incremental costs” means the excess costs associated
   70  with the purchase or lease of a natural gas-powered eligible
   71  vehicle as compared to an equivalent diesel-, gasoline-, or
   72  heavy fuel oil- powered eligible vehicle.
   73         (g) “Natural gas fuel” means any liquefied petroleum gas
   74  product, compressed natural gas product, or combination thereof
   75  used in an eligible vehicle. This term includes, but is not
   76  limited to, all forms of fuel commonly or commercially known or
   77  sold as natural gasoline, butane gas, propane gas, or any other
   78  form of liquefied petroleum gas, compressed natural gas, or
   79  liquefied natural gas. The term does not include natural gas or
   80  liquefied petroleum placed in a separate tank for cooking,
   81  heating, water heating, or electric generation.
   83  department shall award rebates for eligible costs. A rebate may
   84  not exceed 50 percent of the eligible costs of a natural gas
   85  eligible vehicle with a dedicated or bi-fuel natural gas fuel
   86  operating system placed into service on or after July 1, 2015.
   87  An applicant is eligible to receive a maximum rebate of $500,000
   88  per eligible vehicle up to a total of $1 million per fiscal
   89  year. All eligible vehicles must comply with applicable United
   90  States Environmental Protection Agency emission standards.
   91         (4) APPLICATION PROCESS.—
   92         (a) An applicant seeking to obtain a rebate shall submit an
   93  application to the department by a specified date each year as
   94  established by department rule. The application must require a
   95  complete description of all eligible costs, proof of purchase or
   96  lease of the eligible vehicle for which the applicant is seeking
   97  a rebate, a copy of the vehicle registration certificate or
   98  equivalent documentation, a description of the total rebate
   99  sought by the applicant, and any other information deemed
  100  necessary by the department. The application form adopted by
  101  department rule must include an affidavit from the applicant
  102  certifying that all information contained in the application is
  103  true and correct.
  104         (b) The department shall determine the rebate eligibility
  105  of each applicant in accordance with the requirements of this
  106  section and department rule. The total amount of rebates
  107  allocated to certified applicants in each fiscal year may not
  108  exceed the amount appropriated for the program in a fiscal year.
  109  Rebates shall be allocated to eligible applicants on a first
  110  come, first-served basis, determined by the date and time the
  111  application is received, until all appropriated funds for the
  112  fiscal year are expended or the program ends, whichever comes
  113  first. Incomplete applications submitted to the department may
  114  not be accepted and do not secure a place in the first-come,
  115  first-served application process.
  116         (5) RULES.—The department may adopt rules to implement and
  117  administer this section by December 31, 2015, including rules
  118  relating to the forms required to claim a rebate under this
  119  section, the required documentation and basis for establishing
  120  eligibility for a rebate, procedures and guidelines for claiming
  121  a rebate, and the collection of economic impact data from
  122  applicants.
  123         (6) PUBLICATION.—The department shall determine and publish
  124  on its website on an ongoing basis the amount of available
  125  funding for rebates remaining in each fiscal year.
  126         (7) ANNUAL ASSESSMENT.—By December 1, 2016, and each year
  127  thereafter that the program is funded, the department shall
  128  provide an annual assessment of the use of the rebate program
  129  during the previous fiscal year to the Governor, the President
  130  of the Senate, the Speaker of the House of Representatives, and
  131  the Office of Program Policy Analysis and Government
  132  Accountability. The assessment shall include, at a minimum, the
  133  following information:
  134         (a) The name of each applicant awarded a rebate under this
  135  section;
  136         (b) The amount of the rebates awarded to each applicant;
  137         (c) The type and description of each eligible vehicle for
  138  which each applicant applied for a rebate; and
  139         (d) The aggregate amount of funding awarded for all
  140  applicants claiming rebates under this section.
  141         (8) APPROPRIATION.—Beginning in the 2015-2016 fiscal year
  142  and each year thereafter through the 2019-2020 fiscal year, the
  143  General Appropriations Act may provide a specific appropriation
  144  in each fiscal year from the General Revenue Fund to the
  145  Department of Agriculture and Consumer Services for the purpose
  146  of funding the heavy transportation industry natural gas rebate
  147  program.
  148         Section 3. This act shall take effect July 1, 2015.
  150  ================= T I T L E  A M E N D M E N T ================
  151  And the title is amended as follows:
  152         Delete everything before the enacting clause
  153  and insert:
  154                        A bill to be entitled                      
  155         An act relating to a natural gas rebate program;
  156         amending s. 377.810, F.S.; authorizing the Department
  157         of Agriculture and Consumer Services to award
  158         additional rebates for certain applicants using
  159         unencumbered funds; creating s. 377.811, F.S.;
  160         creating the heavy transportation industry natural gas
  161         rebate program within the department; defining terms;
  162         prescribing powers and duties of the department with
  163         respect to the program; prescribing limits on rebate
  164         awards; providing policies and procedures for
  165         application approval; authorizing the department to
  166         adopt rules by a specified date; requiring the
  167         department to publish on its website the availability
  168         of rebate funds; requiring the department to submit an
  169         annual assessment to the Governor, the Legislature,
  170         and the Office of Program Policy Analysis and
  171         Government Accountability by a specified date;
  172         authorizing an appropriation; providing an effective
  173         date.