| 1 | A bill to be entitled |
| 2 | An act relating to solar energy; creating s. 212.0803, |
| 3 | F.S.; specifying a limited period each year through 2010, |
| 4 | designated Energy Efficient Week, during which the sale of |
| 5 | energy-efficient products for noncommercial or personal |
| 6 | use is exempt from sales taxation; providing a limitation; |
| 7 | providing a definition; prohibiting purchase of products |
| 8 | by certain payment methods; providing that certain |
| 9 | purchases or attempts to purchase are unfair methods of |
| 10 | competition and punishable as such; authorizing the |
| 11 | Department of Revenue to adopt rules; amending s. 377.806, |
| 12 | F.S.; authorizing only one rebate per installation of |
| 13 | certain solar energy systems; providing for preapproved |
| 14 | rebates; requiring the Florida Public Service Commission |
| 15 | to adopt rules; requiring the Department of Environmental |
| 16 | Protection to develop preapproval processes by rule; |
| 17 | providing legislative findings; requiring the department |
| 18 | to establish and publicize an information hotline and |
| 19 | create certain promotional materials; providing |
| 20 | appropriations; providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Section 212.0803, Florida Statutes, is created |
| 25 | to read: |
| 26 | 212.0803 Energy Efficient Week; limited energy-efficient |
| 27 | product exemption.--The period from 12:01 a.m., October 5, 2007, |
| 28 | through midnight, October 14, 2007, and the period from 12:01 |
| 29 | a.m. on the first Friday of October through midnight on the |
| 30 | second Sunday of October for each year thereafter through 2010, |
| 31 | shall be designated "Energy Efficient Week," and the tax levied |
| 32 | under this chapter may not be collected on the sale of any new |
| 33 | energy-efficient product having a selling price of $1,500 or |
| 34 | less per product during that period. This exemption applies only |
| 35 | when the energy-efficient product is purchased for noncommercial |
| 36 | home or personal use and does not apply when the product is |
| 37 | purchased for trade, business, or resale. As used in this |
| 38 | section, the term "energy-efficient product" means a dishwasher, |
| 39 | clothes washer, clothes dryer, air conditioner, ceiling fan, |
| 40 | incandescent or fluorescent light bulb, dehumidifier, |
| 41 | programmable thermostat, or refrigerator that has been |
| 42 | designated by the United States Environmental Protection Agency |
| 43 | or by the United States Department of Energy as meeting or |
| 44 | exceeding the requirements under the Energy Star Program of |
| 45 | either agency. Purchases made under this section may not be made |
| 46 | using a business or company credit or debit card or check. Any |
| 47 | construction company, building contractor, or commercial |
| 48 | business or entity that purchases or attempts to purchase the |
| 49 | energy-efficient products as exempt under this section commits |
| 50 | an unfair method of competition in violation of s. 501.204, |
| 51 | punishable as provided in s. 501.2075. The Department of Revenue |
| 52 | may adopt rules under ss. 120.536(1) and 120.54 to administer |
| 53 | this section. |
| 54 | Section 2. Paragraph (b) of subsection (2) and subsection |
| 55 | (7) of section 377.806, Florida Statutes, are amended, and |
| 56 | paragraphs (c) and (d) are added to subsection (2) of that |
| 57 | section, 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 |
| 61 | per watt based on the total wattage rating of the system. Only |
| 62 | one rebate shall be allowed per system. The maximum allowable |
| 63 | rebate per solar photovoltaic system installation shall be as |
| 64 | follows: |
| 65 | 1. Twenty thousand dollars for a residence. |
| 66 | 2. One hundred thousand dollars for a place of business, a |
| 67 | publicly owned or operated facility, or a facility owned or |
| 68 | operated by a private, not-for-profit organization, including |
| 69 | condominiums or apartment buildings. |
| 70 | (c) Rebate preapproval.--General contractors may receive |
| 71 | rebate preapproval for a qualifying solar photovoltaic system if |
| 72 | the system will be installed in a new home during construction |
| 73 | of the home. |
| 74 | (d) Rules.--The Florida Public Service Commission shall |
| 75 | adopt rules necessary to implement the provisions of this |
| 76 | subsection, including amending current interconnection standards |
| 77 | for solar energy systems up to 100 kilowatts and providing for |
| 78 | net metering of solar energy systems up to 100 kilowatts as |
| 79 | defined in this section and in accordance with current Institute |
| 80 | of Electrical and Electronics Engineers, Inc., standards for |
| 81 | solar energy systems. |
| 82 | (7) RULES.--The department shall adopt rules pursuant to |
| 83 | ss. 120.536(1) and 120.54 to develop rebate applications and |
| 84 | preapproval processes and administer the issuance of rebates. |
| 85 | Section 3. The Legislature finds that there is a need to |
| 86 | develop a program to educate the public about solar energy and |
| 87 | promote the Solar Energy System Incentives Program. |
| 88 | Section 4. The Department of Environmental Protection |
| 89 | shall establish and publicize a toll-free hotline that provides |
| 90 | information about solar photovoltaic energy and the solar |
| 91 | photovoltaic energy system incentive described in s. 377.806, |
| 92 | Florida Statutes. The department shall also create promotional |
| 93 | materials 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 |
| 96 | Department of Revenue for the purpose of administering the |
| 97 | energy-efficient products sales tax holiday pursuant to s. |
| 98 | 212.0803, 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 |
| 101 | General Revenue Fund and $12,826,000 in nonrecurring funds is |
| 102 | appropriated from the Grants and Donations Trust Fund in the |
| 103 | Department of Environmental Protection for the purpose of |
| 104 | funding the Renewable Energy Technologies Grants Program |
| 105 | established in s. 377.804, Florida Statutes. Of the general |
| 106 | revenue funds, $10 million are contingent upon the coordination |
| 107 | between the Department of Environmental Protection and the |
| 108 | Department of Agriculture and Consumer Services pursuant to s. |
| 109 | 377.804(6), Florida Statutes. |
| 110 | Section 7. For the 2007-2008 fiscal year, the sum of $5 |
| 111 | million in nonrecurring funds is appropriated from the General |
| 112 | Revenue Fund to the Department of Environmental Protection for |
| 113 | the purpose of funding commercial and consumer solar incentives |
| 114 | authorized 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 |
| 117 | Revenue Fund to the Department of Environmental Protection for |
| 118 | the purpose of publicizing solar photovoltaic energy. |
| 119 | Section 9. This act shall take effect July 1, 2007. |