Senate Bill sb1640

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2007                                  SB 1640

    By Senator Dockery





    15-1059-07                                          See HB 313

  1                      A bill to be entitled

  2         An act relating to solar energy; creating s.

  3         212.0803, F.S.; specifying a limited period

  4         each year through 2010, designated Energy

  5         Efficient Week, during which the sale of

  6         energy-efficient products for noncommercial or

  7         personal use is exempt from sales taxation;

  8         providing a limitation; providing a definition;

  9         prohibiting purchase of products by certain

10         payment methods; providing that certain

11         purchases or attempts to purchase are unfair

12         methods of competition and punishable as such;

13         authorizing the Department of Revenue to adopt

14         rules; amending s. 377.806, F.S.; authorizing

15         only one rebate per installation of certain

16         solar energy systems; providing for preapproved

17         rebates; requiring the Florida Public Service

18         Commission to adopt rules; requiring the

19         Department of Environmental Protection to

20         develop preapproval processes by rule;

21         providing legislative findings; requiring the

22         department to establish and publicize an

23         information hotline and create certain

24         promotional materials; providing

25         appropriations; providing an effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 212.0803, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2007                                  SB 1640
    15-1059-07                                          See HB 313




 1         212.0803  Energy Efficient Week; limited

 2  energy-efficient product exemption.--The period from 12:01

 3  a.m., October 5, 2007, through midnight, October 14, 2007, and

 4  the period from 12:01 a.m. on the first Friday of October

 5  through midnight on the second Sunday of October for each year

 6  thereafter through 2010, shall be designated "Energy Efficient

 7  Week," and the tax levied under this chapter may not be

 8  collected on the sale of any new energy-efficient product

 9  having a selling price of $1,500 or less per product during

10  that period. This exemption applies only when the

11  energy-efficient product is purchased for noncommercial home

12  or personal use and does not apply when the product is

13  purchased for trade, business, or resale. As used in this

14  section, the term "energy-efficient product" means a

15  dishwasher, clothes washer, clothes dryer, air conditioner,

16  ceiling fan, incandescent or fluorescent light bulb,

17  dehumidifier, programmable thermostat, or refrigerator that

18  has been designated by the United States Environmental

19  Protection Agency or by the United States Department of Energy

20  as meeting or exceeding the requirements under the Energy Star

21  Program of either agency. Purchases made under this section

22  may not be made using a business or company credit or debit

23  card or check. Any construction company, building contractor,

24  or commercial business or entity that purchases or attempts to

25  purchase the energy-efficient products as exempt under this

26  section commits an unfair method of competition in violation

27  of s. 501.204, punishable as provided in s. 501.2075. The

28  Department of Revenue may adopt rules under ss. 120.536(1) and

29  120.54 to administer this section.

30         Section 2.  Paragraph (b) of subsection (2) and

31  subsection (7) of section 377.806, Florida Statutes, are

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    Florida Senate - 2007                                  SB 1640
    15-1059-07                                          See HB 313




 1  amended, and paragraphs (c) and (d) are added to subsection

 2  (2) of that section, to read:

 3         377.806  Solar Energy System Incentives Program.--

 4         (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--

 5         (b)  Rebate amounts.--The rebate amount shall be set at

 6  $4 per watt based on the total wattage rating of the system.

 7  Only one rebate shall be allowed per system. The maximum

 8  allowable rebate per solar photovoltaic system installation

 9  shall be as follows:

10         1.  Twenty thousand dollars for a residence.

11         2.  One hundred thousand dollars for a place of

12  business, a publicly owned or operated facility, or a facility

13  owned or operated by a private, not-for-profit organization,

14  including condominiums or apartment buildings.

15         (c)  Rebate preapproval.--General contractors may

16  receive rebate preapproval for a qualifying solar photovoltaic

17  system if the system will be installed in a new home during

18  construction of the home.

19         (d)  Rules.--The Florida Public Service Commission

20  shall adopt rules necessary to implement the provisions of

21  this subsection, including amending current interconnection

22  standards for solar energy systems up to 100 kilowatts and

23  providing for net metering of solar energy systems up to 100

24  kilowatts as defined in this section and in accordance with

25  current Institute of Electrical and Electronics Engineers,

26  Inc., standards for solar energy systems.

27         (7)  RULES.--The department shall adopt rules pursuant

28  to ss. 120.536(1) and 120.54 to develop rebate applications

29  and preapproval processes and administer the issuance of

30  rebates.

31  

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1640
    15-1059-07                                          See HB 313




 1         Section 3.  The Legislature finds that there is a need

 2  to develop a program to educate the public about solar energy

 3  and promote the Solar Energy System Incentives Program.

 4         Section 4.  The Department of Environmental Protection

 5  shall establish and publicize a toll-free hotline that

 6  provides information about solar photovoltaic energy and the

 7  solar photovoltaic energy system incentive described in s.

 8  377.806, Florida Statutes. The department shall also create

 9  promotional materials to publicize the solar photovoltaic

10  system incentive.

11         Section 5.  For the 2007-2008 fiscal year, the sum of

12  $61,379 is appropriated from the General Revenue Fund to the

13  Department of Revenue for the purpose of administering the

14  energy-efficient products sales tax holiday pursuant to s.

15  212.0803, Florida Statutes.

16         Section 6.  For the 2007-2008 fiscal year, the sum of

17  $17,174,000 in nonrecurring funds is appropriated from the

18  General Revenue Fund and $12,826,000 in nonrecurring funds is

19  appropriated from the Grants and Donations Trust Fund in the

20  Department of Environmental Protection for the purpose of

21  funding the Renewable Energy Technologies Grants Program

22  established in s. 377.804, Florida Statutes. Of the general

23  revenue funds, $10 million are contingent upon the

24  coordination between the Department of Environmental

25  Protection and the Department of Agriculture and Consumer

26  Services pursuant to s. 377.804(6), Florida Statutes.

27         Section 7.  For the 2007-2008 fiscal year, the sum of

28  $5 million in nonrecurring funds is appropriated from the

29  General Revenue Fund to the Department of Environmental

30  Protection for the purpose of funding commercial and consumer

31  solar incentives authorized in s. 377.806, Florida Statutes.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1640
    15-1059-07                                          See HB 313




 1         Section 8.  For the 2007-2008 fiscal year, the sum of

 2  $50,000 in nonrecurring funds is appropriated from the General

 3  Revenue Fund to the Department of Environmental Protection for

 4  the purpose of publicizing solar photovoltaic energy.

 5         Section 9.  This act shall take effect July 1, 2007.

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