Senate Bill sb2074c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
By the Committee on Commerce and Consumer Services; and
Senators Constantine, Pruitt, Clary and Campbell
577-2151-05
1 A bill to be entitled
2 An act relating to hydrogen energy technology;
3 creating s. 377.801, F.S.; creating the
4 Hydrogen Energy Technologies Act; creating s.
5 377.802, F.S.; providing legislative intent
6 concerning the development and promotion of
7 hydrogen energy technologies; creating s.
8 377.803, F.S.; providing the purpose of the
9 act; creating s. 377.804, F.S.; providing
10 definitions; creating s. 377.805, F.S.;
11 creating the Hydrogen Energy Technologies
12 Grants Program within the Department of
13 Environmental Protection to promote
14 demonstration, commercialization, research, and
15 development of hydrogen energy technologies;
16 providing for matching grants to be made to
17 specified entities; providing factors for the
18 department to consider in awarding grants;
19 authorizing the department to amend grant
20 awards; requiring that the department report to
21 the Governor and the Legislature on the grant
22 program; amending s. 212.08, F.S.; providing a
23 sales tax exemption for certain hydrogen energy
24 technology projects; creating s. 213.053, F.S.;
25 providing for information sharing between the
26 Department of Revenue and the Department of
27 Environmental Protection for purposes of the
28 tax exemption and tax credit created by the
29 act; amending s. 220.02, F.S.; providing for
30 the priority of tax credits; creating s.
31 220.192, F.S.; creating a hydrogen energy
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 technologies investment tax credit; defining
2 terms; providing for a credit to be taken
3 against the corporate income tax for a
4 specified period; requiring that application be
5 made to the Department of Environmental
6 Protection for certification of eligibility for
7 the credit; authorizing the Department of
8 Environmental Protection to adopt rules;
9 authorizing the Department of Revenue to
10 perform audits and investigations; providing
11 procedures for revoking or modifying the
12 decision granting eligibility for the tax
13 credit; authorizing the Department of Revenue
14 to adopt rules; providing for expiration of the
15 provisions authorizing the tax credit; amending
16 s. 220.13, F.S.; allowing the adjustment of
17 federal income in conformance with tax credits
18 taken; amending s. 366.075, F.S.; authorizing
19 the Public Service Commission to approve
20 experimental or transitional rates to encourage
21 the use of renewable energy; amending s.
22 366.8255, F.S.; authorizing an investor-owned
23 electric utility to recover the costs of
24 investments in hydrogen energy technologies
25 incurred within a specified period; amending s.
26 633.022, F.S.; authorizing the State Fire
27 Marshal to adopt uniform standards for hydrogen
28 fueling, storage, and production facilities;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 Section 1. Section 377.801, Florida Statutes, is
2 created to read:
3 377.801 Short title.--Sections 377.801-377.805 may be
4 cited as the "Florida Hydrogen Energy Technologies Act."
5 Section 2. Section 377.802, Florida Statutes, is
6 created to read:
7 377.802 Legislative intent.--The Legislature finds
8 that advancing the development of clean and efficient energy
9 technologies is important for the state's future, will promote
10 energy stability, and will protect the public health of the
11 state's people and environment. The Legislature finds that
12 hydrogen can be used as a clean and efficient energy carrier,
13 and that the development of hydrogen technologies in the state
14 will help to reduce pollution, reduce demand on foreign fuels,
15 promote energy diversity, enhance system reliability, educate
16 the public on the promise of alternative energy technologies,
17 and promote economic growth. The Legislature finds that the
18 promotion of hydrogen energy technologies will also promote
19 the development of associated energy technologies, including
20 fuel cells and solar technologies. The Legislature finds that
21 there is a need to assist in the development of early market
22 demand that will advance the commercialization and widespread
23 application of hydrogen energy technologies. The Legislature
24 further finds that this state is ideally positioned to
25 stimulate such advanced energy technology economic development
26 due to its ongoing and successful research and development
27 track record in this area, an abundance of natural and
28 renewable energy sources, an ability to attract significant
29 research and development federal dollars, and the need for the
30 state to find and secure clean energy technologies for the
31 benefit of this state's residents, visitors, and environment.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 Section 3. Section 377.803, Florida Statutes, is
2 created to read:
3 377.803 Purpose.--The Florida Hydrogen Energy
4 Technologies Act is intended to provide matching grants to
5 stimulate capital investment in this state and to enhance the
6 market for, and promote the statewide use of, hydrogen energy
7 technologies. This targeted grant program is designed to
8 advance the already growing establishment of hydrogen energy
9 technologies in the state and encourage the use of other
10 incentives such as tax exemptions and to provide regulatory
11 certainty in order to attract additional producers,
12 developers, and users of hydrogen energy technology to this
13 state.
14 Section 4. Section 377.804, Florida Statutes, is
15 created to read:
16 377.804 Definitions.--As used in this act, the term:
17 (1) "Act" means the Hydrogen Energy Technologies Act.
18 (2) "Balance of plant" means all equipment and
19 components directly involved in the generation, storage, or
20 use of hydrogen for energy production located at the site of
21 hydrogen generation or use.
22 (3) "Department" means the Department of Environmental
23 Protection.
24 (4) "Fuel cell" means equipment using an
25 electrochemical process to generate energy, electricity, or
26 transfer of heat.
27 (5) "Electrical grid optimization" means the use of
28 hydrogen energy technology to assist in decreasing electrical
29 peak demand.
30 (6) "Hydrogen energy technology" means any technology
31 that is used primarily for the purpose of generating or using
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 hydrogen directly as a fuel in this state, including, but not
2 limited to:
3 (a) Stationary fuel cell systems, or internal
4 combustion engine systems fueled with hydrogen, used for power
5 generation, including prime power, supplemental power, and
6 back-up power, and the balance of plant.
7 (b) On-road and off-road vehicles and watercraft
8 powered by fuel cells or internal combustion engines fueled
9 with hydrogen.
10 (c) Fueling systems and supportive infrastructure.
11 (d) Renewable energy resource systems used to
12 electrolytically produce hydrogen.
13 (e) Reformer technologies used to produce hydrogen
14 from the respective hydrogen carrier, including, but not
15 limited to, steam-methane, biomass, and chemical.
16 (f) Electrical grid electrolysis.
17 (g) Electrical grid optimization technologies.
18 (7) "Person" means an individual, partnership, joint
19 venture, private or public corporation, association, firm,
20 public service company, or any other entity, public or
21 private, however organized.
22 (8) "Renewable energy resource" means any method,
23 process, or substance, the use of which does not diminish its
24 availability or abundance, including, but not limited to,
25 solar energy, wind energy, thermal gradient power,
26 hydroelectric power, and fuels derived from agricultural
27 products, but does not include fossil fuel or nuclear power.
28 Section 5. Section 377.805, Florida Statutes, is
29 created to read:
30 377.805 Hydrogen Energy Technologies Grants Program.--
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 (1) The Hydrogen Energy Technologies Grants Program is
2 established within the department to provide hydrogen energy
3 matching grants for demonstration and commercialization
4 projects and for research and development relating to hydrogen
5 energy technologies and electrical grid optimization.
6 (2) Matching grants for hydrogen energy demonstration
7 and commercialization projects and for research and
8 development projects may be made to any of the following based
9 on the criteria in this section:
10 (a) Municipalities and county governments.
11 (b) Established for-profit companies licensed to do
12 business in this state.
13 (c) State universities.
14 (d) Utilities located and operating within the state.
15 (e) Nonprofit organizations.
16 (f) Qualified persons.
17 (3) The department shall adopt rules to administer the
18 awarding of grants under this program.
19 (4) Factors that the department shall consider in
20 awarding grants include, but are not limited to:
21 (a) The extent to which the project stimulates
22 in-state capital investment and economic development in
23 metropolitan and rural areas, including job creation and
24 future development of a commercial market for clean energy
25 technologies.
26 (b) The availability of matching funds from an
27 applicant and the applicant's commitment to provide matching
28 funds.
29 (c) The ability to administer a complete project.
30 (d) Project duration and the timeline for
31 expenditures.
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 (e) The geographic area of the state in which the
2 project is to be conducted in relation to other projects.
3 (f) Other in-kind contributions applied to the total
4 project.
5 (g) The extent to which the project incorporates an
6 innovative new technology or an innovative application of an
7 existing technology.
8 (h) The degree to which a project generates thermal or
9 electrical energy by means of a low or zero-emissions
10 generation technology or renewable energy resource that has
11 substantial potential for long-term production.
12 (i) The degree to which the project fosters an overall
13 understanding and appreciation of clean energy technologies by
14 the general public, students, or a specific government or
15 sector of industry.
16 (j) The degree of public visibility and interaction.
17 (5) Grants awarded to any entity may subsequently be
18 amended by the department upon a determination that sufficient
19 criteria in subsection (4) are met for the additional funds.
20 (6) The department shall provide a progress report on
21 grants awarded to recipients to the Governor, the President of
22 the Senate, and the Speaker of the House of Representatives.
23 The report must include:
24 (a) A description of the extent to which the grants
25 program is benefiting the state's environment, public health,
26 and economic development;
27 (b) A list of grant recipients;
28 (c) The amount of each grant;
29 (d) The amount of matching funds provided by
30 recipients;
31 (e) The date of each grant;
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 (f) A description of each project or expansion funded
2 by a grant; and
3 (g) A description of each project's contribution to
4 the state's knowledge and use of hydrogen energy technologies.
5 Section 6. Paragraph (ccc) is added to subsection (7)
6 of section 212.08, Florida Statutes, to read:
7 212.08 Sales, rental, use, consumption, distribution,
8 and storage tax; specified exemptions.--The sale at retail,
9 the rental, the use, the consumption, the distribution, and
10 the storage to be used or consumed in this state of the
11 following are hereby specifically exempt from the tax imposed
12 by this chapter.
13 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to
14 any entity by this chapter do not inure to any transaction
15 that is otherwise taxable under this chapter when payment is
16 made by a representative or employee of the entity by any
17 means, including, but not limited to, cash, check, or credit
18 card, even when that representative or employee is
19 subsequently reimbursed by the entity. In addition, exemptions
20 provided to any entity by this subsection do not inure to any
21 transaction that is otherwise taxable under this chapter
22 unless the entity has obtained a sales tax exemption
23 certificate from the department or the entity obtains or
24 provides other documentation as required by the department.
25 Eligible purchases or leases made with such a certificate must
26 be in strict compliance with this subsection and departmental
27 rules, and any person who makes an exempt purchase with a
28 certificate that is not in strict compliance with this
29 subsection and the rules is liable for and shall pay the tax.
30 The department may adopt rules to administer this subsection.
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 (ccc) Equipment, machinery, and other materials for
2 hydrogen energy technologies.--
3 1. The sale or use of hydrogen energy technologies as
4 defined by s. 377.804(6) and of materials used in the
5 manufacture of hydrogen energy technologies is exempt from the
6 tax imposed by this chapter.
7 2. The Department of Environmental Protection shall
8 provide to the Department of Revenue a list of items
9 considered to meet the definition of hydrogen energy
10 technologies in s. 377.804(6). Any person may request a
11 determination from the Department of Environmental Protection
12 as to whether an item that is not on the list meets the
13 definition of hydrogen energy technology as defined by s.
14 377.804(6). The Department of Environmental Protection shall
15 make a determination and issue a revised list if appropriate.
16 The Department of Environmental Protection may adopt rules to
17 administer this paragraph.
18 3. The Department of Revenue may provide procedures by
19 rule for purchasers to make tax-exempt purchases.
20 4. This paragraph is repealed July 1, 2009.
21 Section 7. Paragraph (y) is added to subsection (7) of
22 section 213.053, Florida Statutes, to read:
23 213.053 Confidentiality and information sharing.--
24 (7) Notwithstanding any other provision of this
25 section, the department may provide:
26 (y) Information relative to ss. 212.08(7)(ccc) and
27 220.192 to the Department of Environmental Protection for use
28 in conducting its official business.
29
30 Disclosure of information under this subsection shall be
31 pursuant to a written agreement between the executive director
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 and the agency. Such agencies, governmental or
2 nongovernmental, shall be bound by the same requirements of
3 confidentiality as the Department of Revenue. Breach of
4 confidentiality is a misdemeanor of the first degree,
5 punishable as provided by s. 775.082 or s. 775.083.
6 Section 8. Subsection (8) of section 220.02, Florida
7 Statutes, is amended to read:
8 220.02 Legislative intent.--
9 (8) It is the intent of the Legislature that credits
10 against either the corporate income tax or the franchise tax
11 be applied in the following order: those enumerated in s.
12 631.828, those enumerated in s. 220.191, those enumerated in
13 s. 220.181, those enumerated in s. 220.183, those enumerated
14 in s. 220.182, those enumerated in s. 220.1895, those
15 enumerated in s. 221.02, those enumerated in s. 220.184, those
16 enumerated in s. 220.186, those enumerated in s. 220.1845,
17 those enumerated in s. 220.19, those enumerated in s. 220.185,
18 and those enumerated in s. 220.187, and those enumerated in s.
19 220.192.
20 Section 9. Section 220.192, Florida Statutes, is
21 created to read:
22 220.192 Hydrogen energy technologies investment tax
23 credit.--
24 (1) As used in this section, the term:
25 (a) "Eligible costs" means all capital costs,
26 operation and maintenance costs, and research and development
27 costs incurred between July 1, 2005, and June 30, 2009, in
28 connection with an investment in hydrogen energy technologies
29 in this state, including, but not limited to, the costs of
30 acquiring, leasing, constructing, installing, equipping, and
31 financing hydrogen energy technologies in this state; all
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 obligations incurred for labor; and obligations to
2 contractors, subcontractors, builders, and materialmen in this
3 state.
4 (b) "Hydrogen energy technology" means hydrogen energy
5 technology as defined in s. 377.804(6).
6 (2) For tax years beginning on or after January 1,
7 2005, a credit against the tax imposed by this chapter shall
8 be granted in an amount equal to 75 percent of the eligible
9 costs. Credits may be used in tax years beginning on or after
10 January 1, 2005, and ending on or before December 31, 2011,
11 after which the credit expires and may not be used. If the
12 credit under this section is not fully used in any one tax
13 year because of insufficient tax liability on the part of the
14 corporation, the unused amount may be carried forward and used
15 in tax years beginning on or after January 1, 2006, and ending
16 on or before December 31, 2011, after which the credit
17 carryover expires and may not be used. A taxpayer that files a
18 consolidated return in this state as a member of an affiliated
19 group under s. 220.131(1) may be allowed the credit on a
20 consolidated return basis up to the amount of tax imposed upon
21 the consolidated group. Any eligible cost for which a credit
22 is claimed and which is deducted or otherwise reduces federal
23 taxable income shall be added back in computing adjusted
24 federal income under s. 220.13.
25 (3) Any corporation wishing to obtain tax credits
26 available under this chapter must submit to the Department of
27 Environmental Protection an application for the tax credit
28 which includes a complete description of all eligible costs
29 for which the corporation is seeking a credit and a
30 description of the total amount of credit sought. The
31 Department of Environmental Protection shall determine the
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 eligibility of the applicant for the credits sought, and
2 certify the determination to the applicant and to the
3 Department of Revenue. The corporation must attach the
4 Department of Environmental Protection's certification to the
5 tax return on which the credit is claimed. The Department of
6 Environmental Protection may adopt the necessary rules,
7 guidelines, and application materials for the application
8 process.
9 (4)(a) In addition to its existing audit and
10 investigation authority, the Department of Revenue may perform
11 any additional financial and technical audits and
12 investigations, including examining the accounts, books, and
13 records of the tax credit applicant which are necessary to
14 verify the eligible costs included in the tax credit return
15 and to ensure compliance with this section. The Department of
16 Environmental Protection shall provide technical assistance
17 when requested by the Department of Revenue on any technical
18 audits or examinations performed pursuant to this section.
19 (b) It is grounds for forfeiture of previously claimed
20 and received tax credits if the Department of Revenue
21 determines, as a result of an audit or examination or from
22 information received from the Department of Environmental
23 Protection, that a taxpayer received tax credits pursuant to
24 this section to which the taxpayer was not entitled. The
25 taxpayer is responsible for returning forfeited tax credits to
26 the Department of Revenue, and such funds shall be paid into
27 the General Revenue Fund of the state.
28 (c) The Department of Environmental Protection may
29 revoke or modify any written decision granting eligibility for
30 tax credits under this section if it is discovered that the
31 tax credit applicant submitted any false statement,
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 representation, or certification in any application, record,
2 report, plan, or other document filed in an attempt to receive
3 tax credits under this section. The Department of
4 Environmental Protection shall immediately notify the
5 Department of Revenue of any revoked or modified orders
6 affecting previously granted tax credits. Additionally, the
7 taxpayer must notify the Department of Revenue of any change
8 in its tax credit claimed.
9 (d) The taxpayer shall file with the Department of
10 Revenue an amended return or such other report as the
11 Department of Revenue prescribes by rule and shall pay any
12 required tax and interest within 60 days after the taxpayer
13 receives notification from the Department of Environmental
14 Protection that previously approved tax credits have been
15 revoked or modified, if uncontested, or within 60 days after a
16 final order is issued following proceedings involving a
17 contested revocation or modification order.
18 (e) A notice of deficiency may be issued by the
19 Department of Revenue at any time within 5 years after the
20 taxpayer receives formal notification from the Department of
21 Environmental Protection that previously approved tax credits
22 have been revoked or modified. If a taxpayer fails to notify
23 the Department of Revenue of any changes to its tax credit
24 claimed, a notice of deficiency may be issued at any time.
25 (f) A taxpayer that receives a credit under this
26 section for the construction or purchase of structures or the
27 purchase of equipment shall recapture and repay the amount of
28 credit attributable to such property if that property is not
29 used by the taxpayer for hydrogen energy technologies through
30 the warranty period of the complete system or system
31 components. If a warranty is not provided by the equipment
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 manufacturer, the equipment must be operated for the useful
2 life of the complete system or system components. Credit shall
3 not be allowed under this section for an eligible cost
4 associated with an investment in hydrogen energy technologies
5 if the credit has previously been allowed for such eligible
6 cost.
7 (5) The Department of Revenue may adopt by rule the
8 forms required to claim a tax credit under this section, the
9 requirements and basis for establishing an entitlement to a
10 credit, and procedures for the examinations and audits
11 required to administer this section.
12 (6) The provisions of this section, except the credit
13 carryover provisions contained in subsection (2), expire on
14 July 1, 2009.
15 Section 10. Paragraph (a) of subsection (1) of section
16 220.13, Florida Statutes, is amended to read:
17 220.13 "Adjusted federal income" defined.--
18 (1) The term "adjusted federal income" means an amount
19 equal to the taxpayer's taxable income as defined in
20 subsection (2), or such taxable income of more than one
21 taxpayer as provided in s. 220.131, for the taxable year,
22 adjusted as follows:
23 (a) Additions.--There shall be added to such taxable
24 income:
25 1. The amount of any tax upon or measured by income,
26 excluding taxes based on gross receipts or revenues, paid or
27 accrued as a liability to the District of Columbia or any
28 state of the United States which is deductible from gross
29 income in the computation of taxable income for the taxable
30 year.
31
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 2. The amount of interest which is excluded from
2 taxable income under s. 103(a) of the Internal Revenue Code or
3 any other federal law, less the associated expenses disallowed
4 in the computation of taxable income under s. 265 of the
5 Internal Revenue Code or any other law, excluding 60 percent
6 of any amounts included in alternative minimum taxable income,
7 as defined in s. 55(b)(2) of the Internal Revenue Code, if the
8 taxpayer pays tax under s. 220.11(3).
9 3. In the case of a regulated investment company or
10 real estate investment trust, an amount equal to the excess of
11 the net long-term capital gain for the taxable year over the
12 amount of the capital gain dividends attributable to the
13 taxable year.
14 4. That portion of the wages or salaries paid or
15 incurred for the taxable year which is equal to the amount of
16 the credit allowable for the taxable year under s. 220.181.
17 The provisions of this subparagraph shall expire and be void
18 on June 30, 2005.
19 5. That portion of the ad valorem school taxes paid or
20 incurred for the taxable year which is equal to the amount of
21 the credit allowable for the taxable year under s. 220.182.
22 The provisions of this subparagraph shall expire and be void
23 on June 30, 2005.
24 6. The amount of emergency excise tax paid or accrued
25 as a liability to this state under chapter 221 which tax is
26 deductible from gross income in the computation of taxable
27 income for the taxable year.
28 7. That portion of assessments to fund a guaranty
29 association incurred for the taxable year which is equal to
30 the amount of the credit allowable for the taxable year.
31
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 8. In the case of a nonprofit corporation which holds
2 a pari-mutuel permit and which is exempt from federal income
3 tax as a farmers' cooperative, an amount equal to the excess
4 of the gross income attributable to the pari-mutuel operations
5 over the attributable expenses for the taxable year.
6 9. The amount taken as a credit for the taxable year
7 under s. 220.1895.
8 10. Up to nine percent of the eligible basis of any
9 designated project which is equal to the credit allowable for
10 the taxable year under s. 220.185.
11 11. The amount taken as a credit for the taxable year
12 under s. 220.187.
13 12. The amount taken as a credit for the taxable year
14 under s. 220.192.
15 Section 11. Paragraph (d) of subsection (1) of section
16 366.8255, Florida Statutes, is amended to read:
17 366.8255 Environmental cost recovery.--
18 (1) As used in this section, the term:
19 (d) "Environmental compliance costs" includes all
20 costs or expenses incurred by an electric utility in complying
21 with environmental laws or regulations or in deploying
22 hydrogen energy technologies as provided in subparagraph 8.,
23 including, but not limited to:
24 1. Inservice capital investments, including the
25 electric utility's last authorized rate of return on equity
26 thereon;
27 2. Operation and maintenance expenses;
28 3. Fuel procurement costs;
29 4. Purchased power costs;
30 5. Emission allowance costs;
31 6. Direct taxes on environmental equipment; and
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 7. Costs or expenses prudently incurred by an electric
2 utility pursuant to an agreement entered into on or after the
3 effective date of this act and prior to October 1, 2002,
4 between the electric utility and the Florida Department of
5 Environmental Protection or the United States Environmental
6 Protection Agency for the exclusive purpose of ensuring
7 compliance with ozone ambient air quality standards by an
8 electrical generating facility owned by the electric utility;
9 and.
10 8. Costs incurred between July 1, 2005, and June 30,
11 2009, for hydrogen energy technologies, as defined in s.
12 377.804(6), which have the potential to contribute to the
13 provision of adequate and reliable electric service to or for
14 the public of this state and which have minimal rate impacts.
15 The electric utility must demonstrate that the proposed
16 hydrogen energy technology meets the definition in s.
17 377.804(6).
18 Section 12. Subsection (1) of section 633.022, Florida
19 Statutes, is amended, and subsection (4) is added to that
20 section, to read:
21 633.022 Uniform firesafety standards.--The Legislature
22 hereby determines that to protect the public health, safety,
23 and welfare it is necessary to provide for firesafety
24 standards governing the construction and utilization of
25 certain buildings and structures. The Legislature further
26 determines that certain buildings or structures, due to their
27 specialized use or to the special characteristics of the
28 person utilizing or occupying these buildings or structures,
29 should be subject to firesafety standards reflecting these
30 special needs as may be appropriate.
31
17
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 (1) The department shall establish uniform firesafety
2 standards that apply to:
3 (a) All new, existing, and proposed state-owned and
4 state-leased buildings.
5 (b) All new, existing, and proposed hospitals, nursing
6 homes, assisted living facilities, adult family-care homes,
7 correctional facilities, public schools, transient public
8 lodging establishments, public food service establishments,
9 elevators, migrant labor camps, mobile home parks, lodging
10 parks, recreational vehicle parks, recreational camps,
11 residential and nonresidential child care facilities,
12 facilities for the developmentally disabled, motion picture
13 and television special effects productions, and self-service
14 gasoline stations, and hydrogen fueling, storage, and
15 production facilities for stationary fuel cells and vehicles,
16 including maintenance and repair facilities, of which
17 standards the State Fire Marshal is the final administrative
18 interpreting authority.
19
20 In the event there is a dispute between the owners of the
21 buildings specified in paragraph (b) and a local authority
22 requiring a more stringent uniform firesafety standard for
23 sprinkler systems, the State Fire Marshal shall be the final
24 administrative interpreting authority and the State Fire
25 Marshal's interpretation regarding the uniform firesafety
26 standards shall be considered final agency action.
27 (4)(a) The State Fire Marshal may adopt rules
28 pertaining to or applicable to any building, structure,
29 facility, condition, situation, or circumstance in which
30 hydrogen is being used, produced, or stored, or in any other
31 manner dealt with or treated as a fuel, which the State Fire
18
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 Marshal finds are necessary to protect the public health,
2 safety, and welfare and to protect the safety of persons and
3 property in this state, including, but not limited to, the
4 adoption of the most recent edition of the National Fire
5 Protection Association's NFPA 1 and any other applicable code,
6 publication, or standard.
7 (b) The State Fire Marshal may require by rule that
8 any equipment used in conjunction with any use specified in
9 paragraph (a) be listed by a nationally recognized testing
10 laboratory, such as Underwriters Laboratories, Inc., or
11 Factory Mutual Laboratories, Inc. The State Fire Marshal may
12 adopt by rule procedures to determine whether a laboratory is
13 nationally recognized, taking into account the laboratory's
14 facilities, procedures, use of nationally recognized
15 standards, and any other criteria reasonably calculated to
16 reach an informed determination.
17 Section 13. Subsection (1) of section 366.075, Florida
18 Statutes, is amended to read:
19 366.075 Experimental and transitional rates.--
20 (1) The commission is authorized to approve rates on
21 an experimental or transitional basis for any public utility
22 to encourage energy conservation or to encourage efficiency,
23 or use of energy from a renewable energy resource, as that
24 term is defined in s. 377.703(2). The application of such
25 rates may be for limited geographic areas and for a limited
26 period.
27 Section 14. This act shall take effect July 1, 2005.
28
29
30
31
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 2074
577-2151-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2074
3
4 The committee substitute adds a section to authorize the
Public Service Commission to approve experimental or
5 transitional rates for any public utility to encourage the use
of energy from a renewable energy resource.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.