HB 313

1
A bill to be entitled
2An act relating to solar energy; creating s. 212.0803,
3F.S.; specifying a limited period each year through 2010,
4designated Energy Efficient Week, during which the sale of
5energy-efficient products for noncommercial or personal
6use is exempt from sales taxation; providing a limitation;
7providing a definition; prohibiting purchase of products
8by certain payment methods; providing that certain
9purchases or attempts to purchase are unfair methods of
10competition and punishable as such; authorizing the
11Department of Revenue to adopt rules; amending s. 377.806,
12F.S.; authorizing only one rebate per installation of
13certain solar energy systems; providing for preapproved
14rebates; requiring the Florida Public Service Commission
15to adopt rules; requiring the Department of Environmental
16Protection to develop preapproval processes by rule;
17providing legislative findings; requiring the department
18to establish and publicize an information hotline and
19create certain promotional materials; providing
20appropriations; providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Section 212.0803, Florida Statutes, is created
25to read:
26     212.0803  Energy Efficient Week; limited energy-efficient
27product exemption.--The period from 12:01 a.m., October 5, 2007,
28through midnight, October 14, 2007, and the period from 12:01
29a.m. on the first Friday of October through midnight on the
30second Sunday of October for each year thereafter through 2010,
31shall be designated "Energy Efficient Week," and the tax levied
32under this chapter may not be collected on the sale of any new
33energy-efficient product having a selling price of $1,500 or
34less per product during that period. This exemption applies only
35when the energy-efficient product is purchased for noncommercial
36home or personal use and does not apply when the product is
37purchased for trade, business, or resale. As used in this
38section, the term "energy-efficient product" means a dishwasher,
39clothes washer, clothes dryer, air conditioner, ceiling fan,
40incandescent or fluorescent light bulb, dehumidifier,
41programmable thermostat, or refrigerator that has been
42designated by the United States Environmental Protection Agency
43or by the United States Department of Energy as meeting or
44exceeding the requirements under the Energy Star Program of
45either agency. Purchases made under this section may not be made
46using a business or company credit or debit card or check. Any
47construction company, building contractor, or commercial
48business or entity that purchases or attempts to purchase the
49energy-efficient products as exempt under this section commits
50an unfair method of competition in violation of s. 501.204,
51punishable as provided in s. 501.2075. The Department of Revenue
52may adopt rules under ss. 120.536(1) and 120.54 to administer
53this section.
54     Section 2.  Paragraph (b) of subsection (2) and subsection
55(7) of section 377.806, Florida Statutes, are amended, and
56paragraphs (c) and (d) are added to subsection (2) of that
57section, to read:
58     377.806  Solar Energy System Incentives Program.--
59     (2)  SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.--
60     (b)  Rebate amounts.--The rebate amount shall be set at $4
61per watt based on the total wattage rating of the system. Only
62one rebate shall be allowed per system. The maximum allowable
63rebate per solar photovoltaic system installation shall be as
64follows:
65     1.  Twenty thousand dollars for a residence.
66     2.  One hundred thousand dollars for a place of business, a
67publicly owned or operated facility, or a facility owned or
68operated by a private, not-for-profit organization, including
69condominiums or apartment buildings.
70     (c)  Rebate preapproval.--General contractors may receive
71rebate preapproval for a qualifying solar photovoltaic system if
72the system will be installed in a new home during construction
73of the home.
74     (d)  Rules.--The Florida Public Service Commission shall
75adopt rules necessary to implement the provisions of this
76subsection, including amending current interconnection standards
77for solar energy systems up to 100 kilowatts and providing for
78net metering of solar energy systems up to 100 kilowatts as
79defined in this section and in accordance with current Institute
80of Electrical and Electronics Engineers, Inc., standards for
81solar energy systems.
82     (7)  RULES.--The department shall adopt rules pursuant to
83ss. 120.536(1) and 120.54 to develop rebate applications and
84preapproval processes and administer the issuance of rebates.
85     Section 3.  The Legislature finds that there is a need to
86develop a program to educate the public about solar energy and
87promote the Solar Energy System Incentives Program.
88     Section 4.  The Department of Environmental Protection
89shall establish and publicize a toll-free hotline that provides
90information about solar photovoltaic energy and the solar
91photovoltaic energy system incentive described in s. 377.806,
92Florida Statutes. The department shall also create promotional
93materials to publicize the solar photovoltaic system incentive.
94     Section 5.  For the 2007-2008 fiscal year, the sum of
95$61,379 is appropriated from the General Revenue Fund to the
96Department of Revenue for the purpose of administering the
97energy-efficient products sales tax holiday pursuant to s.
98212.0803, Florida Statutes.
99     Section 6.  For the 2007-2008 fiscal year, the sum of
100$17,174,000 in nonrecurring funds is appropriated from the
101General Revenue Fund and $12,826,000 in nonrecurring funds is
102appropriated from the Grants and Donations Trust Fund in the
103Department of Environmental Protection for the purpose of
104funding the Renewable Energy Technologies Grants Program
105established in s. 377.804, Florida Statutes. Of the general
106revenue funds, $10 million are contingent upon the coordination
107between the Department of Environmental Protection and the
108Department of Agriculture and Consumer Services pursuant to s.
109377.804(6), Florida Statutes.
110     Section 7.  For the 2007-2008 fiscal year, the sum of $5
111million in nonrecurring funds is appropriated from the General
112Revenue Fund to the Department of Environmental Protection for
113the purpose of funding commercial and consumer solar incentives
114authorized in s. 377.806, Florida Statutes.
115     Section 8.  For the 2007-2008 fiscal year, the sum of
116$50,000 in nonrecurring funds is appropriated from the General
117Revenue Fund to the Department of Environmental Protection for
118the purpose of publicizing solar photovoltaic energy.
119     Section 9.  This act shall take effect July 1, 2007.


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