Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 996
                        Barcode 150638
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       04/12/2007 06:38 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Environmental Preservation and Conservation
12  (Jones) recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Effective upon this act becoming a law,
19  section 288.10894, Florida Statutes, is created to read:
20         288.10894  Florida Alternative Energy Development
21  Corporation; findings; creation; membership; organization;
22  purpose; duties; powers.--
23         (1)  The Legislature finds that it is in the public
24  interest to promote alternative energy technologies in this
25  state, including alternative fuels and technologies for
26  electric power plants and motor vehicles, energy conservation,
27  distributed generation, advanced transmission methods, and
28  pollution and greenhouse gas control. Both Florida and the
29  United States in general are overly dependent on foreign oil
30  to meet the energy needs of buildings and motor vehicles.
31  Alternative energy and energy conservation technologies have
                                  1
    11:15 AM   04/11/07                          s0996c1d-ep13-t01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 the potential to decrease this dependency, minimize volatility 2 of fuel cost, and improve environmental conditions. In-state 3 research, development, deployment, and use of these 4 technologies can make the state a leader in new and innovative 5 technologies and encourage investment and economic development 6 in this state. 7 (2) As used in this section, the term: 8 (a) "Corporation" means the Florida Alternative Energy 9 Development Corporation. 10 (b) "Alternative energy" means energy technologies 11 that are undeveloped or less than established in current 12 markets. The term includes, but is not limited to: biomass; 13 agricultural products and byproducts; municipal solid waste, 14 including landfill injection, landfill mining, and landfill 15 gas; solar thermal and solar photovoltaic energy; geothermal; 16 ocean energy, including wave or thermal; hydrogen fuel; fuel 17 cells; energy conservation, including building, equipment, and 18 appliance efficiency technologies; enhancements to the 19 transmission of electricity, including advanced transmission 20 lines; distributed generation; ethanol, biodiesel, and similar 21 synthetic fuels; and technologies relating to impacts of 22 pollutants and greenhouse gases. 23 (3)(a) There is created a public corporation and a 24 public body corporate and politic, to be known as the "Florida 25 Alternative Energy Development Corporation." It is declared to 26 be the intent of and constitutional construction by the 27 Legislature that the Florida Alternative Energy Development 28 Corporation constitutes an entrepreneurial public corporation 29 organized to provide and promote the public welfare by 30 administering the governmental function of promoting the 31 development of alternative energy in Florida and that the 2 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 corporation is not a department of the executive branch of 2 state government within the scope and meaning of s. 6, Art. IV 3 of the State Constitution, and is not functionally located 4 within any state agency or department. 5 (b) The corporation is constituted as a public 6 instrumentality, and the exercise by the corporation of the 7 power conferred by this act is considered to be the 8 performance of an essential public function. The corporation 9 shall constitute an agency for the purposes of s. 120.52. The 10 corporation is subject to chapter 119, subject to exceptions 11 applicable to the corporation, and to the provisions of 12 chapter 286; however, the corporation shall be entitled to 13 provide notice of internal review committee meetings for 14 competitive proposals or procurement to applicants by mail or 15 facsimile rather than by means of publication. The corporation 16 is not governed by chapter 607, but by the provisions of this 17 section. If for any reason the establishment of the 18 corporation is deemed in violation of law, such provision is 19 severable and the remainder of this act remains in full force 20 and effect. 21 (c) The corporation is a corporation primarily acting 22 as an instrumentality of the state, within the meaning of s. 23 768.28. 24 (4) The corporation is the principal organization in 25 the state for promotion of alternative energy technology. Its 26 goals are to minimize dependence on foreign oil, with the 27 maximum overall benefit to the State of Florida, and, where 28 possible, to minimize the impact of greenhouse gases. It is to 29 accomplish these goals by consolidating in-state resources and 30 activities into a unified forum to better coordinate, 31 facilitate, and fund research, development, deployment, and 3 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 use of alternative energy technologies. To make better use of 2 limited resources, the corporation should focus on projects 3 having near-term, in-state benefits. Additionally, in making 4 decisions concerning research, development, or deployment 5 projects, and in awarding grants and other outlays, the 6 corporation should determine which of the following elements 7 of product and market development to focus upon in order to 8 achieve the greatest benefit with respect to research and 9 manufacturing, in the wholesale and retail markets, and for 10 consumers. More specifically, the corporation shall: 11 (a) Bring together existing resources by: 12 1. Assisting in the integration of state-government 13 energy programs. 14 2. Developing an information exchange system, 15 including: 16 a. Creating a computer database, accessible by any 17 interested person, by gathering and indexing all information 18 concerning activities in this state related to programs of 19 alternative energy technology research, development, and 20 deployment in universities, at all levels of government 21 agencies, and in private industry. The database must include a 22 current index and profile of all research activities, 23 identified by alternative energy technology area, including a 24 summary of the project, the amount and sources of funding, 25 anticipated completion dates, or, in case of completed 26 research, the conclusions, recommendations, and applicability 27 of research to state government and private-sector functions. 28 b. Developing an interactive electronic information 29 point where interested persons can find information and 30 connect with other interested persons. 31 c. Holding conferences for the purpose of providing 4 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 additional information exchange and educating the public. 2 (b) Administer state-funded grants and capital outlay 3 programs, including developing an application program to 4 determine awards of those grants and outlays, and assist 5 interested persons in obtaining additional funding for 6 alternative energy technology projects. 7 (c) Explore the problems faced by those developing 8 technology in Florida and determine where the problems lie, 9 i.e., in research, development, obtaining start-up capital and 10 financing, or finding buyers for the technology, and then 11 assist in resolving these problems. 12 (d) In cooperation with Enterprise Florida, Inc., 13 promote the state as a location for businesses having 14 operations related to alternative energy technologies. 15 (e) Develop recommendations for legislation to 16 establish a state energy policy. The corporation shall 17 continually review the state energy policy and recommend to 18 the Legislature any additional necessary changes or 19 improvements. The recommendations of the corporation shall be 20 based on the guiding principles of reliability, efficiency, 21 affordability, and diversity, and more specifically on the 22 following principles: 23 1. The state should have a reliable electric supply 24 with adequate reserves. 25 2. The transmission and delivery of electricity should 26 be reliable. 27 3. The generation, transmission, and delivery of 28 electricity should be accomplished with the least detriment to 29 the environment and public health. 30 4. The generation, transmission, and delivery of 31 electricity should be accomplished compatibly with the goals 5 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 of growth management. 2 5. Electricity generation, transmission, and delivery 3 facilities should be reasonably secure from damage, taking all 4 factors into consideration, and recovery from damage should be 5 prompt. 6 6. Electric rates should be affordable as to base 7 rates and all recovery-clause additions, with sufficient 8 incentives for utilities to achieve this goal. 9 7. The state should have a reliable supply of motor 10 vehicle fuels under normal circumstances and during hurricanes 11 and other emergency situations. 12 8. In-state research, development, and deployment of 13 alternative energy technologies and alternative motor vehicle 14 fuels should be encouraged. 15 9. When possible, the resources of the state should be 16 used in achieving the goals enumerated in this subsection. 17 10. Consumers of energy should be encouraged and given 18 incentives to be more efficient in their use of energy. 19 20 It is the specific intent of the Legislature that this section 21 does not in any way change the powers, duties, and 22 responsibilities of the Public Service Commission or the 23 powers, duties, and responsibilities assigned by the Florida 24 Electrical Power Plant Siting Act, ss. 403.501-403.518. 25 (5) The corporation shall establish one or more 26 corporate offices, at least one of which must be located in 27 Leon County. 28 (6) The corporation shall be governed by a board of 29 directors consisting of the following members: 30 (a) The Governor or his or her designee. 31 (b) The Commissioner of Agriculture or his or her 6 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 designee. 2 (c) The Chief Financial Officer or his or her 3 designee. 4 (d) The Attorney General or his or her designee. 5 (e) A member appointed by the President of the Senate. 6 (f) A member appointed by the Speaker of the House of 7 Representatives. 8 (g) The chairman of the Florida Public Service 9 Commission or his or her designee. 10 (h) The president of Enterprise Florida, Inc., or his 11 or her designee. 12 (i) A representative from the State Board of 13 Education, selected by the members of that board. 14 (j) For one initial term, the current chairman of the 15 Florida Energy Commission and one other member of that 16 commission to be selected by the commission members. 17 (k) Any additional board members selected by a 18 consensus of all existing members of the governing board to 19 assist the corporation in carrying out its functions and 20 duties under this section. 21 (7) A member's term of office may not exceed 4 years, 22 and a member may not serve more than two consecutive terms. 23 (8) The Governor shall serve as chairperson of the 24 board. The members of the board of directors must select a 25 vice chairperson biennially, upon selection of any new 26 members. The corporation's president shall keep a record of 27 the proceedings of the board of directors, act as custodian of 28 all books, documents, and papers filed with the board of 29 directors, and keep the minutes of the board of directors. 30 (9) The board of directors must meet at least once 31 each year, upon the call of the chairperson, at the request of 7 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 the vice chairperson, or at the request of a majority of the 2 membership. A majority of the total number of all directors 3 constitutes a quorum. The board may take official action by a 4 majority vote of the members present at any meeting at which a 5 quorum is present. 6 (10) Members of the board of directors serve without 7 compensation, but members, the president, and staff may be 8 reimbursed for all reasonable, necessary, and actual expenses, 9 as determined by the board. 10 (11) Each member of the board of directors who is not 11 otherwise required to file a financial disclosure pursuant to 12 s. 8, Art. II of the State Constitution or s. 112.3144 must 13 file a disclosure of financial interests pursuant to s. 14 112.3145. 15 (12) The corporation's board of directors must appoint 16 a corporate president and establish and adjust the president's 17 compensation. The president is the chief administrative and 18 operational officer of the board of directors and of the 19 corporation, and shall direct and supervise other employees in 20 accomplishing the goals and tasks set forth in this section. 21 (13) State officers, agencies, departments, boards, 22 and commissions may provide such services to the corporation 23 within each entity's respective functions as may be requested 24 by the corporation. Upon request of the corporation, the 25 Governor may temporarily transfer to the corporation any 26 officers or employees as are considered necessary from time to 27 time in order to assist the corporation in carrying out its 28 functions and duties under this section. Officers and 29 employees so transferred do not lose their career service, 30 select exempt, or senior management status or rights. 31 (14) The corporation shall receive funding from the 8 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 state through the Florida Alternative Energy Development 2 Corporation Trust Fund pursuant to general law. The board of 3 directors, officers, and employees of the corporation are 4 responsible for the prudent use of all public and private 5 funds within the corporation's control and must ensure that 6 the use of such funds is in accordance with applicable laws, 7 bylaws, and contractual requirements. In performing all of its 8 functions, the corporation shall take all possible steps to 9 ensure the maximum benefit to the state. As part of its 10 duties, the corporation shall establish strategic priorities, 11 consistent with this section, to guide funding and resource 12 allocations and ensure the best use of available resources. 13 (15) By December 31 each year, the corporation must 14 submit an annual report to the Governor, the Commissioner of 15 Agriculture, the Chief Financial Officer, the Attorney 16 General, the President of the Senate, and the Speaker of the 17 House of Representatives containing: 18 (a) A detailed description of the corporation's 19 activities and accomplishments for the year. 20 (b) A certified audit by an independent public 21 accountant of resources and expenditures prepared by an 22 independent certified public accountant. 23 (c) A statement of the corporation's strategic 24 priorities and an explanation of their use in guiding resource 25 allocations. 26 Section 2. Effective upon this act becoming a law, 27 section 288.10895, Florida Statutes, is created to read: 28 288.10895 Alternative Energy Incentive Program.-- 29 (1) PROGRAM CREATED.--The Alternative Energy Incentive 30 Program is created and shall be operated by the Florida 31 Alternative Energy Development Corporation. The program shall 9 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 encourage economic development and research and development in 2 the state which will commercialize alternative energy 3 innovations and develop new alternative energy manufacturing, 4 blending, power generation, and distribution facilities. 5 (2) DEFINITIONS.--As used in this section, the term: 6 (a) "Alternative energy" means electrical, mechanical, 7 or thermal energy produced from a method that uses one or more 8 of the following fuels or energy sources: ethanol, biodiesel, 9 biomass, biogas, waste heat, fuel cells, hydrogen, solar, 10 hydro, wind, or geothermal. 11 (b) "Average private-sector wage" means the statewide 12 average wage in the private sector or the average of all 13 private-sector wages in the county or in the standard 14 metropolitan area in which the project is located as 15 determined by the Agency for Workforce Innovation. 16 (c) "Commission" means the Administration Commission, 17 as set forth in s. 14.202. 18 (d) "Corporation" means the Florida Alternative Energy 19 Development Corporation. 20 (e) "Jobs" means full-time equivalent positions, as 21 that term is consistent with terms used by the Agency for 22 Workforce Innovation and the United States Department of Labor 23 for purposes of unemployment compensation tax administration 24 and employment estimation, resulting directly from a project 25 in this state. The term does not include temporary 26 construction jobs. 27 (f) "Match" or "matching funds" means actual cash 28 outlays contributed, including, but not limited to, cash 29 outlays for wages, rental expenses, travel expenses, 30 unrecovered indirect costs, and purchases of material and 31 supplies as a direct benefit to the project, or noncash 10 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 contributions necessary and reasonable for proper and 2 efficient accomplishment of project objectives. The value of 3 noncash contributions shall be established using the following 4 guidelines: 5 1. Rates for donated or volunteer services of any 6 person must be consistent with their regular rate of pay, or 7 the rate of pay of those paid for similar work at a similar 8 level of experience in the labor market, including the value 9 of fringe benefits. 10 2. The value of donated expendable property, such as 11 office supplies or workshop supplies, may not exceed the fair 12 market value of the property. 13 3. The value of donated real property, such as land, 14 may not exceed the fair market value of the property. 15 4. Donated space must be valued at fair rental value 16 of comparable space and facilities in a privately owned 17 building in the same locale. 18 5. The value of loaned equipment may not exceed its 19 fair rental value. 20 6. Rates for donated travel expense must be valued at 21 the approved state rate as defined in s. 112.061. 22 (g) "President" means the president of the Florida 23 Alternative Energy Development Corporation. 24 (3) ALTERNATIVE ENERGY BUSINESS PROJECT.-- 25 (a) "Business project" is defined as the location to 26 or expansion in this state of a business that manufactures, 27 blends, or distributes alternative energy, generates power for 28 sale in this state from an alternative energy source, or 29 develops new or expanded infrastructure in this state for the 30 commercialization or distribution of alternative energy. 31 (b) In order to qualify for consideration under the 11 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 Alternative Energy Incentive Program, a business project must, 2 at a minimum, establish to the satisfaction of the corporation 3 that: 4 1. The business project is located in this state; 5 2. The jobs created by the business project pay an 6 estimated annual average wage that equals at least 130 percent 7 of the average private-sector wage. The average wage 8 requirement may be waived if the corporation determines that 9 the merits of the individual project or the specific 10 circumstances warrant such action; 11 3. The business project includes matching funds 12 provided by the applicant, the local community, or other 13 available sources. The match requirement may be waived if the 14 corporation determines that the merits of the individual 15 project or the specific circumstances warrant such action; and 16 4. The business project meets one of the following 17 criteria: 18 a. Results in the creation of at least 20 direct, new 19 jobs at the business; 20 b. Consists of an activity or product that uses 21 feedstock or other raw materials grown or produced in this 22 state; 23 c. Has a cumulative investment of at least $50 million 24 within a 5-year period; or 25 d. Incorporates an innovative new technology or an 26 innovative application of an existing technology. 27 (4) ALTERNATIVE ENERGY RESEARCH AND DEVELOPMENT 28 PROJECT.-- 29 (a) "Research and development project" is defined as 30 basic and applied research that is conducted in this state in 31 the sciences or engineering and that relates to the 12 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 development, manufacturing, blending, or use of new and 2 existing alternative energy technologies. A research and 3 development project does not include market research, routine 4 consumer product testing, sales research, research in the 5 social sciences or psychology, nontechnological activities, or 6 technical services. 7 (b) In order to qualify for consideration under the 8 Alternative Energy Incentive Program, a research and 9 development project must, at a minimum, establish to the 10 satisfaction of the corporation that: 11 1. The research and development project will be 12 located in this state; 13 2. The jobs created by the research and development 14 project will pay an estimated annual average wage that equals 15 at least 130 percent of the average private-sector wage. The 16 average wage requirement may be waived if the corporation 17 determines that the merits of the individual project or the 18 specific circumstances warrant such action; 19 3. The research and development project includes 20 matching funds provided by the applicant, a public or private 21 university or research institution, the local community, or 22 other available sources. The match requirement may be waived 23 if the corporation determines that the merits of the 24 individual project or the specific circumstances warrant such 25 action; 26 4. The research and development project includes a 27 plan for significant collaboration with a higher education 28 institution in the state; and 29 5. The research and development project includes a 30 plan for the commercialization of the research through direct 31 use by the applicant in this state or the transfer or 13 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 licensing of new technology to Florida-based businesses that 2 produce alternative energy for use or sale within the state. 3 (5) APPLICATION REQUIREMENTS.--A business project or 4 research and development project applicant must submit a 5 written application to the corporation showing how the award 6 would support the location of new operations in this state or 7 the expansion of an existing operation in this state. The 8 application must include, but need not be limited to: 9 (a) The applicant's federal employer identification 10 number, unemployment account number, state sales tax 11 registration number, or related documentation. If such numbers 12 are not available at the time of application, the numbers must 13 be submitted to the corporation in writing before the 14 disbursement of any payments under this section. 15 (b) The location in this state at which the business 16 project or the research and development project is located or 17 is to be located. 18 (c) A description of the type of business activity, 19 product, or research and development undertaken by the 20 applicant, including six-digit North American Industry 21 Classification System codes for all activities included in the 22 project. 23 (d) The applicant's projected investment in the 24 business project or the research and development project. 25 (e) The total investment, from all sources, in the 26 business project or the research and development project. 27 (f) The number of net new full-time equivalent jobs in 28 this state the applicant anticipates having created as of 29 December 31 of each year in the business project or the 30 research and development project and the average annual wage 31 of such jobs. 14 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (g) The total number of full-time equivalent employees 2 currently employed by the applicant in this state, if 3 applicable. 4 (h) The anticipated commencement date of the business 5 project or the research and development project. 6 (i) A detailed explanation of why funding under the 7 Alternative Energy Incentive Program is needed to induce the 8 applicant to expand or locate in the state and whether an 9 award would cause the applicant to locate or expand in this 10 state. 11 (j) If applicable, an estimate of the proportion of 12 the revenues resulting from the business project or the 13 research and development project which will be generated 14 outside this state. 15 (k) A recommendation for specific performance criteria 16 the applicant would be expected to achieve in order to receive 17 payments from the fund and penalties or sanctions for failure 18 to meet or maintain performance conditions. 19 (l) The potential for the business project or the 20 research and development project to stimulate additional 21 investment and employment opportunities that equal or exceed 22 130 percent of the average private-sector wage. 23 (m) A description of the extent to which the research 24 and development project: 25 1. Is likely to develop a new, emerging, or evolving 26 form of alternative energy. 27 2. Has or could have a significant collaborative 28 research and development relationship with one or more 29 universities or community colleges in this state. 30 3. Will be used by the applicant within this state or 31 transferred or licensed to Florida-based businesses. 15 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (6) AWARD AMOUNT.--The corporation may negotiate the 2 proposed amount of an award for any applicant meeting the 3 requirements of this section. In negotiating such award, the 4 corporation shall consider the amount of the incentive needed 5 to cause the applicant to locate or expand in this state in 6 conjunction with other relevant effect and cost information 7 and analysis as described in this section. 8 (7) RECOMMENDATION.--After fully considering all of 9 the criteria identified in this section and completing the 10 evaluation, the president shall recommend to the commission 11 the approval or disapproval of an award. In recommending 12 approval of an award, the president shall include proposed 13 performance conditions that the applicant must meet in order 14 to obtain incentive funds and any other conditions that must 15 be met before the receipt of any incentive funds. The 16 commission shall consult with the President of the Senate and 17 the Speaker of the House of Representatives before giving 18 approval for an award. Upon approval of an award, the 19 Executive Office of the Governor shall release the funds 20 pursuant to the legislative consultation and review 21 requirements set forth in s. 216.177. 22 (8) CERTIFICATION.--Upon approval by the commission 23 and release of the funds as set forth in subsection (7), the 24 president shall issue a letter certifying the applicant as 25 qualified for an award. The corporation and the applicant 26 shall enter into an agreement that sets forth the conditions 27 for payment of funds under the Alternative Energy Incentive 28 Program, including, but not limited to, the total amount of 29 funds awarded, the performance conditions that must be met in 30 order to obtain the award or portions of the award, the 31 methodology for validating performance, the schedule of 16 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 payments, and sanctions for failure to meet performance 2 conditions, including any clawback provisions. 3 (9) VALIDATION.--The corporation shall validate the 4 performance of business projects and research and development 5 projects that have received an award under the Alternative 6 Energy Incentive Program. At the conclusion of an award 7 agreement, or its earlier termination, the corporation shall, 8 within 90 days, report the results of the award under the 9 Alternative Energy Incentive Program to the members of the 10 commission, the President of the Senate, and the Speaker of 11 the House of Representatives. 12 Section 3. Effective upon this act becoming a law, 13 subsection (3) of section 377.703, Florida Statutes, is 14 amended to read: 15 377.703 Additional functions of the Department of 16 Environmental Protection; energy emergency contingency plan; 17 federal and state conservation programs.-- 18 (3) DEPARTMENT OF ENVIRONMENTAL PROTECTION; 19 DUTIES.--The Department of Environmental Protection shall, in 20 addition to assuming the duties and responsibilities provided 21 by ss. 20.255 and 377.701, perform the following functions 22 consistent with the development of a state energy policy: 23 (a) The department shall assume the responsibility for 24 development of an energy emergency contingency plan to respond 25 to serious shortages of primary and secondary energy sources. 26 Upon a finding by the Governor, implementation of any 27 emergency program shall be upon order of the Governor that a 28 particular kind or type of fuel is, or that the occurrence of 29 an event which is reasonably expected within 30 days will make 30 the fuel, in short supply. The department shall then respond 31 by instituting the appropriate measures of the contingency 17 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 plan to meet the given emergency or energy shortage. The 2 Governor may utilize the provisions of s. 252.36(5) to carry 3 out any emergency actions required by a serious shortage of 4 energy sources. 5 (b) The department shall constitute the responsible 6 state agency for performing or coordinating the functions of 7 any federal energy programs delegated to the state, including 8 energy supply, demand, conservation, or allocation. 9 (c) The department shall analyze present and proposed 10 federal energy programs and make recommendations regarding 11 those programs to the Governor. 12 (d) The department shall coordinate efforts to seek 13 federal support or other support for state energy conservation 14 activities, including energy conservation, research, or 15 development, and shall be the state agency responsible for the 16 coordination of multiagency energy conservation programs and 17 plans. 18 (e) The department shall analyze energy data collected 19 and prepare long-range forecasts of energy supply and demand 20 in coordination with the Florida Public Service Commission, 21 which shall have responsibility for electricity and natural 22 gas forecasts. To this end, the forecasts shall contain: 23 1. An analysis of the relationship of state economic 24 growth and development to energy supply and demand, including 25 the constraints to economic growth resulting from energy 26 supply constraints. 27 2. Plans for the development of renewable energy 28 resources and reduction in dependence on depletable energy 29 resources, particularly oil and natural gas, and an analysis 30 of the extent to which renewable energy sources are being 31 utilized in the state. 18 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 3. Consideration of alternative scenarios of statewide 2 energy supply and demand for 5, 10, and 20 years, to identify 3 strategies for long-range action, including identification of 4 potential social, economic, and environmental effects. 5 4. An assessment of the state's energy resources, 6 including examination of the availability of commercially 7 developable and imported fuels, and an analysis of anticipated 8 effects on the state's environment and social services 9 resulting from energy resource development activities or from 10 energy supply constraints, or both. 11 (e)(f) The department shall make a report, as 12 requested by the Governor or the Legislature, reflecting its 13 activities and making recommendations of policies for 14 improvement of the state's response to energy supply and 15 demand and its effect on the health, safety, and welfare of 16 the people of Florida. The report shall include a report from 17 the Florida Public Service Commission on electricity and 18 natural gas and information on energy conservation programs 19 conducted and under way in the past year and shall include 20 recommendations for energy conservation programs for the 21 state, including, but not limited to, the following factors: 22 1. Formulation of specific recommendations for 23 improvement in the efficiency of energy utilization in 24 governmental, residential, commercial, industrial, and 25 transportation sectors. 26 2. Collection and dissemination of information 27 relating to energy conservation. 28 3. Development and conduct of educational and training 29 programs relating to energy conservation. 30 4. An analysis of the ways in which state agencies are 31 seeking to implement s. 377.601(4), the state energy policy, 19 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 and recommendations for better fulfilling this policy. 2 (f)(g) The department has authority to adopt rules 3 pursuant to ss. 120.536(1) and 120.54 to implement the 4 provisions of this act. 5 (h) Promote the development and use of renewable 6 energy resources, in conformance with the provisions of 7 chapter 187 and s. 377.601, by: 8 1. Establishing goals and strategies for increasing 9 the use of solar energy in this state. 10 2. Aiding and promoting the commercialization of solar 11 energy technology, in cooperation with the Florida Solar 12 Energy Center, Enterprise Florida, Inc., and any other 13 federal, state, or local governmental agency which may seek to 14 promote research, development, and demonstration of solar 15 energy equipment and technology. 16 3. Identifying barriers to greater use of solar energy 17 systems in this state, and developing specific recommendations 18 for overcoming identified barriers, with findings and 19 recommendations to be submitted annually in the report to the 20 Legislature required under paragraph (f). 21 4. In cooperation with the Department of 22 Transportation, the Department of Community Affairs, 23 Enterprise Florida, Inc., the Florida Solar Energy Center, and 24 the Florida Solar Energy Industries Association, investigating 25 opportunities, pursuant to the National Energy Policy Act of 26 1992 and the Housing and Community Development Act of 1992, 27 for solar electric vehicles and other solar energy 28 manufacturing, distribution, installation, and financing 29 efforts which will enhance this state's position as the leader 30 in solar energy research, development, and use. 31 5. Undertaking other initiatives to advance the 20 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 development and use of renewable energy resources in this 2 state. 3 4 In the exercise of its responsibilities under this paragraph, 5 the department shall seek the assistance of the solar energy 6 industry in this state and other interested parties and is 7 authorized to enter into contracts, retain professional 8 consulting services, and expend funds appropriated by the 9 Legislature for such purposes. 10 (g)(i) The department shall promote energy 11 conservation in all energy use sectors throughout the state 12 and shall constitute the state agency primarily responsible 13 for this function. To this end, the department shall 14 coordinate the energy conservation programs of all state 15 agencies and review and comment on the energy conservation 16 programs of all state agencies. 17 (j) The department shall serve as the state 18 clearinghouse for indexing and gathering all information 19 related to energy programs in state universities, in private 20 universities, in federal, state, and local government 21 agencies, and in private industry and shall prepare and 22 distribute such information in any manner necessary to inform 23 and advise the citizens of the state of such programs and 24 activities. This shall include developing and maintaining a 25 current index and profile of all research activities, which 26 shall be identified by energy area and may include a summary 27 of the project, the amount and sources of funding, anticipated 28 completion dates, or, in case of completed research, 29 conclusions, recommendations, and applicability to state 30 government and private sector functions. The department shall 31 coordinate, promote, and respond to efforts by all sectors of 21 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 the economy to seek financial support for energy activities. 2 The department shall provide information to consumers 3 regarding the anticipated energy-use and energy-saving 4 characteristics of products and services in coordination with 5 any federal, state, or local governmental agencies as may 6 provide such information to consumers. 7 (h)(k) The department shall coordinate energy-related 8 programs of state government, including, but not limited to, 9 the programs provided in this section. To this end, the 10 department shall: 11 1. Provide assistance to other state agencies, 12 counties, municipalities, and regional planning agencies to 13 further and promote their energy planning activities. 14 2. Require, in cooperation with the Department of 15 Management Services, all state agencies to operate state-owned 16 and state-leased buildings in accordance with energy 17 conservation standards as adopted by the Department of 18 Management Services. Every 3 months, the Department of 19 Management Services shall furnish the department data on 20 agencies' energy consumption in a format mutually agreed upon 21 by the two departments. 22 3. Promote the development and use of renewable energy 23 resources, energy efficiency technologies, and conservation 24 measures. 25 4. Promote the recovery of energy from wastes, 26 including, but not limited to, the use of waste heat, the use 27 of agricultural products as a source of energy, and recycling 28 of manufactured products. Such promotion shall be conducted in 29 conjunction with, and after consultation with, the Department 30 of Environmental Protection, the Florida Public Service 31 Commission where electrical generation or natural gas is 22 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 involved, and any other relevant federal, state, or local 2 governmental agency having responsibility for resource 3 recovery programs. 4 (i)(l) The department shall develop, coordinate, and 5 promote a comprehensive research plan for state programs. Such 6 plan shall be consistent with state energy policy and shall be 7 updated on a biennial basis. 8 (j)(m) In recognition of the devastation to the 9 economy of this state and the dangers to the health and 10 welfare of residents of this state caused by Hurricane Andrew, 11 and the potential for such impacts caused by other natural 12 disasters, the department shall include in its energy 13 emergency contingency plan and provide to the Department of 14 Community Affairs for inclusion in the state model energy 15 efficiency building code specific provisions to facilitate the 16 use of cost-effective solar energy technologies as emergency 17 remedial and preventive measures for providing electric power, 18 street lighting, and water heating service in the event of 19 electric power outages. 20 Section 4. Section 377.901, Florida Statutes, is 21 repealed. 22 Section 5. Effective July 1, 2007, paragraph (ccc) of 23 subsection (7) of section 212.08, Florida Statutes, is 24 amended, and subsection (19) is added to that section, to 25 read: 26 212.08 Sales, rental, use, consumption, distribution, 27 and storage tax; specified exemptions.--The sale at retail, 28 the rental, the use, the consumption, the distribution, and 29 the storage to be used or consumed in this state of the 30 following are hereby specifically exempt from the tax imposed 31 by this chapter. 23 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to 2 any entity by this chapter do not inure to any transaction 3 that is otherwise taxable under this chapter when payment is 4 made by a representative or employee of the entity by any 5 means, including, but not limited to, cash, check, or credit 6 card, even when that representative or employee is 7 subsequently reimbursed by the entity. In addition, exemptions 8 provided to any entity by this subsection do not inure to any 9 transaction that is otherwise taxable under this chapter 10 unless the entity has obtained a sales tax exemption 11 certificate from the department or the entity obtains or 12 provides other documentation as required by the department. 13 Eligible purchases or leases made with such a certificate must 14 be in strict compliance with this subsection and departmental 15 rules, and any person who makes an exempt purchase with a 16 certificate that is not in strict compliance with this 17 subsection and the rules is liable for and shall pay the tax. 18 The department may adopt rules to administer this subsection. 19 (ccc) Equipment, machinery, and other materials for 20 renewable energy technologies.-- 21 1. As used in this paragraph, the term: 22 a. "Biodiesel" means the mono-alkyl esters of 23 long-chain fatty acids derived from plant or animal matter for 24 use as a source of energy and meeting the specifications for 25 biodiesel and biodiesel blends with petroleum products as 26 adopted by the Department of Agriculture and Consumer 27 Services. Biodiesel may refer to biodiesel blends designated 28 BXX, where XX represents the volume percentage of biodiesel 29 fuel in the blend. 30 b. "Ethanol" means nominally anhydrous denatured 31 alcohol produced by the conversion of carbohydrates 24 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 fermentation of plant sugars meeting the specifications for 2 fuel ethanol and fuel ethanol blends with petroleum products 3 as adopted by the Department of Agriculture and Consumer 4 Services. Ethanol may refer to fuel ethanol blends designated 5 EXX, where XX represents the volume percentage of fuel ethanol 6 in the blend. 7 c. "Hydrogen fuel cells" means equipment using 8 hydrogen or a hydrogen-rich fuel in an electrochemical process 9 to generate energy, electricity, or the transfer of heat. 10 2. The sale or use of the following in the state is 11 exempt from the tax imposed by this chapter: 12 a. Hydrogen-powered vehicles, materials incorporated 13 into hydrogen-powered vehicles, and hydrogen-fueling stations, 14 up to a limit of $2 million in tax each state fiscal year for 15 all taxpayers. 16 b. Commercial stationary hydrogen fuel cells, up to a 17 limit of $1 million in tax each state fiscal year for all 18 taxpayers. 19 c. Materials used in the distribution of biodiesel 20 (B10-B100) and ethanol (E10-100), including fueling 21 infrastructure, transportation, and storage, up to a limit of 22 $2 $1 million in tax each state fiscal year for all taxpayers. 23 Gasoline fueling station pump retrofits for ethanol (E10-E100) 24 distribution qualify for the exemption provided in this 25 sub-subparagraph. 26 3. The Department of Environmental Protection shall 27 provide to the department a list of items eligible for the 28 exemption provided in this paragraph. 29 4.a. The exemption provided in this paragraph shall be 30 available to a purchaser only through a refund of previously 31 paid taxes. 25 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 b. To be eligible to receive the exemption provided in 2 this paragraph, a purchaser shall file an application with the 3 Department of Environmental Protection. The application shall 4 be developed by the Department of Environmental Protection, in 5 consultation with the department, and shall require: 6 (I) The name and address of the person claiming the 7 refund. 8 (II) A specific description of the purchase for which 9 a refund is sought, including, when applicable, a serial 10 number or other permanent identification number. 11 (III) The sales invoice or other proof of purchase 12 showing the amount of sales tax paid, the date of purchase, 13 and the name and address of the sales tax dealer from whom the 14 property was purchased. 15 (IV) A sworn statement that the information provided 16 is accurate and that the requirements of this paragraph have 17 been met. 18 c. Within 30 days after receipt of an application, the 19 Department of Environmental Protection shall review the 20 application and shall notify the applicant of any 21 deficiencies. Upon receipt of a completed application, the 22 Department of Environmental Protection shall evaluate the 23 application for exemption and issue a written certification 24 that the applicant is eligible for a refund or issue a written 25 denial of such certification within 60 days after receipt of 26 the application. The Department of Environmental Protection 27 shall provide the department with a copy of each certification 28 issued upon approval of an application. 29 d. Each certified applicant shall be responsible for 30 forwarding a certified copy of the application and copies of 31 all required documentation to the department within 6 months 26 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 after certification by the Department of Environmental 2 Protection. 3 e. The provisions of s. 212.095 do not apply to any 4 refund application made pursuant to this paragraph. A refund 5 approved pursuant to this paragraph shall be made within 30 6 days after formal approval by the department. 7 f. The department may adopt all rules pursuant to ss. 8 120.536(1) and 120.54 to administer this paragraph, including 9 rules establishing forms and procedures for claiming this 10 exemption. 11 g. The Department of Environmental Protection shall be 12 responsible for ensuring that the total amounts of the 13 exemptions authorized do not exceed the limits as specified in 14 subparagraph 2. 15 5. The Department of Environmental Protection shall 16 determine and publish on a regular basis the amount of sales 17 tax funds remaining in each fiscal year. 18 6. This paragraph expires July 1, 2010. 19 (19) ENERGY-EFFICIENT PRODUCTS.-- 20 (a) In October of each year, the tax levied under this 21 chapter may not be collected during the 14-day period 22 beginning at 12:01 a.m., on the first Saturday, on the sale of 23 a new energy-efficient product having a selling price of 24 $1,500 or less per product during that period. This exemption 25 applies only when the energy-efficient product is purchased 26 for noncommercial home or personal use and does not apply when 27 the product is purchased for trade, business, or resale. As 28 used in this section, the term "energy-efficient product" 29 means a dishwasher, clothes washer, air conditioner, ceiling 30 fan, compact florescent light bulb, dehumidifier, programmable 31 thermostat, or refrigerator that has been designated by the 27 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 United States Environmental Protection Agency or by the United 2 States Department of Energy as meeting or exceeding the 3 requirements under the Energy Star Program of either agency. 4 Purchases made under this subsection may not be made using a 5 business or company credit or debit card or check. Any 6 construction company, building contractor, or commercial 7 business or entity that purchases or attempts to purchase the 8 energy-efficient products as exempt under this section commits 9 the offense of engaging in an unfair method of competition in 10 violation of s. 501.204, punishable as provided in s. 11 501.2075. 12 (b) Notwithstanding chapter 120, the Department of 13 Revenue may adopt rules to administer paragraph (a). 14 Section 6. Effective July 1, 2008, paragraph (ccc) of 15 subsection (7) of section 212.08, Florida Statutes, as amended 16 by this act, is amended to read: 17 212.08 Sales, rental, use, consumption, distribution, 18 and storage tax; specified exemptions.--The sale at retail, 19 the rental, the use, the consumption, the distribution, and 20 the storage to be used or consumed in this state of the 21 following are hereby specifically exempt from the tax imposed 22 by this chapter. 23 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to 24 any entity by this chapter do not inure to any transaction 25 that is otherwise taxable under this chapter when payment is 26 made by a representative or employee of the entity by any 27 means, including, but not limited to, cash, check, or credit 28 card, even when that representative or employee is 29 subsequently reimbursed by the entity. In addition, exemptions 30 provided to any entity by this subsection do not inure to any 31 transaction that is otherwise taxable under this chapter 28 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 unless the entity has obtained a sales tax exemption 2 certificate from the department or the entity obtains or 3 provides other documentation as required by the department. 4 Eligible purchases or leases made with such a certificate must 5 be in strict compliance with this subsection and departmental 6 rules, and any person who makes an exempt purchase with a 7 certificate that is not in strict compliance with this 8 subsection and the rules is liable for and shall pay the tax. 9 The department may adopt rules to administer this subsection. 10 (ccc) Equipment, machinery, and other materials for 11 renewable energy technologies.-- 12 1. As used in this paragraph, the term: 13 a. "Biodiesel" means the mono-alkyl esters of 14 long-chain fatty acids derived from plant or animal matter for 15 use as a source of energy and meeting the specifications for 16 biodiesel and biodiesel blends with petroleum products as 17 adopted by the Department of Agriculture and Consumer 18 Services. Biodiesel may refer to biodiesel blends designated 19 BXX, where XX represents the volume percentage of biodiesel 20 fuel in the blend. 21 b. "Ethanol" means nominally anhydrous denatured 22 alcohol produced by the conversion of carbohydrates meeting 23 the specifications for fuel ethanol and fuel ethanol blends 24 with petroleum products as adopted by the Department of 25 Agriculture and Consumer Services. Ethanol may refer to fuel 26 ethanol blends designated EXX, where XX represents the volume 27 percentage of fuel ethanol in the blend. 28 c. "Hydrogen fuel cells" means equipment using 29 hydrogen or a hydrogen-rich fuel in an electrochemical process 30 to generate energy, electricity, or the transfer of heat. 31 2. The sale or use of the following in the state is 29 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 exempt from the tax imposed by this chapter: 2 a. Hydrogen-powered vehicles, materials incorporated 3 into hydrogen-powered vehicles, and hydrogen-fueling stations, 4 up to a limit of $2 million in tax each state fiscal year for 5 all taxpayers. 6 b. Commercial stationary hydrogen fuel cells, up to a 7 limit of $1 million in tax each state fiscal year for all 8 taxpayers. 9 c. Materials used in the distribution of biodiesel 10 (B10-B100) and ethanol (E10-100), including fueling 11 infrastructure, transportation, and storage, up to a limit of 12 $2 million in tax each state fiscal year for all taxpayers. 13 Gasoline fueling station pump retrofits for ethanol (E10-E100) 14 distribution qualify for the exemption provided in this 15 sub-subparagraph. 16 3. The Florida Alternative Energy Development 17 Corporation Department of Environmental Protection shall 18 provide to the department a list of items eligible for the 19 exemption provided in this paragraph. 20 4. The exemption provided in this paragraph shall be 21 available only to the end user of the equipment, machinery, or 22 other materials. 23 5.4.a. The exemption provided in this paragraph shall 24 be available to a purchaser only through a refund of 25 previously paid taxes. 26 b. To be eligible to receive the exemption provided in 27 this paragraph, a purchaser shall file an application with the 28 Florida Alternative Energy Development Corporation Department 29 of Environmental Protection. The application shall be 30 developed by the Florida Alternative Energy Development 31 Corporation Department of Environmental Protection, in 30 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 consultation with the department, and shall require: 2 (I) The name and address of the person claiming the 3 refund. 4 (II) A specific description of the purchase for which 5 a refund is sought, including, when applicable, a serial 6 number or other permanent identification number. 7 (III) The sales invoice or other proof of purchase 8 showing the amount of sales tax paid, the date of purchase, 9 and the name and address of the sales tax dealer from whom the 10 property was purchased. 11 (IV) A sworn statement that the information provided 12 is accurate and that the requirements of this paragraph have 13 been met. 14 c. Within 30 days after receipt of an application, the 15 Florida Alternative Energy Development Corporation Department 16 of Environmental Protection shall review the application and 17 shall notify the applicant of any deficiencies. Upon receipt 18 of a completed application, the Florida Alternative Energy 19 Development Corporation Department of Environmental Protection 20 shall evaluate the application for exemption and issue a 21 written certification that the applicant is eligible for a 22 refund or issue a written denial of such certification within 23 60 days after receipt of the application. The Florida 24 Alternative Energy Development Corporation Department of 25 Environmental Protection shall provide the department with a 26 copy of each certification issued upon approval of an 27 application. 28 d. Each certified applicant shall be responsible for 29 forwarding a certified copy of the application and copies of 30 all required documentation to the department within 6 months 31 after certification by the Florida Alternative Energy 31 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 Development Corporation Department of Environmental 2 Protection. 3 e. The provisions of s. 212.095 do not apply to any 4 refund application made pursuant to this paragraph. A refund 5 approved pursuant to this paragraph shall be made within 30 6 days after formal approval by the department. 7 f. The department may adopt all rules pursuant to ss. 8 120.536(1) and 120.54 to administer this paragraph, including 9 rules establishing forms and procedures for claiming this 10 exemption. 11 g. The Florida Alternative Energy Development 12 Corporation Department of Environmental Protection shall be 13 responsible for ensuring that the total amounts of the 14 exemptions authorized do not exceed the limits as specified in 15 subparagraph 2. 16 6.5. The Department of Environmental Protection shall 17 determine and publish on a regular basis the amount of sales 18 tax funds remaining in each fiscal year. 19 7.6. This paragraph expires July 1, 2010. 20 Section 7. Effective July 1, 2008, paragraph (y) of 21 subsection (8) of section 213.053, Florida Statutes, is 22 amended to read: 23 213.053 Confidentiality and information sharing.-- 24 (8) 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 Florida Alternative Energy Development 28 Corporation Department of Environmental Protection for use in 29 the conduct of its official business. 30 31 Disclosure of information under this subsection shall be 32 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 pursuant to a written agreement between the executive director 2 and the agency. Such agencies, governmental or 3 nongovernmental, shall be bound by the same requirements of 4 confidentiality as the Department of Revenue. Breach of 5 confidentiality is a misdemeanor of the first degree, 6 punishable as provided by s. 775.082 or s. 775.083. 7 Section 8. Effective July 1, 2007, subsection (1) of 8 section 220.192, Florida Statutes, is amended to read: 9 220.192 Renewable energy technologies investment tax 10 credit.-- 11 (1) DEFINITIONS.--For purposes of this section, the 12 term: 13 (a) "Biodiesel" means biodiesel as defined in s. 14 212.08(7)(ccc). 15 (b) "Eligible costs" means: 16 1. Seventy-five percent of all capital costs, 17 operation and maintenance costs, and research and development 18 costs incurred between July 1, 2006, and June 30, 2010, up to 19 a limit of $3 million per state fiscal year for all taxpayers, 20 in connection with an investment in hydrogen-powered vehicles 21 and hydrogen vehicle fueling stations in the state, including, 22 but not limited to, the costs of constructing, installing, and 23 equipping such technologies in the state. 24 2. Seventy-five percent of all capital costs, 25 operation and maintenance costs, and research and development 26 costs incurred between July 1, 2006, and June 30, 2010, up to 27 a limit of $1.5 million per state fiscal year for all 28 taxpayers, and limited to a maximum of $12,000 per fuel cell, 29 in connection with an investment in commercial stationary 30 hydrogen fuel cells in the state, including, but not limited 31 to, the costs of constructing, installing, and equipping such 33 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 technologies in the state. 2 3. Seventy-five percent of all capital costs, 3 operation and maintenance costs, and research and development 4 costs incurred between July 1, 2006, and June 30, 2010, up to 5 a limit of $13 $6.5 million per state fiscal year for all 6 taxpayers, in connection with an investment in the production, 7 storage, and distribution of biodiesel (B10-B100) and ethanol 8 (E10-E100) in the state, including the costs of constructing, 9 installing, and equipping such technologies in the state. 10 Gasoline fueling station pump retrofits for ethanol (E10-E100) 11 distribution qualify as an eligible cost under this 12 subparagraph. 13 (c) "Ethanol" means ethanol as defined in s. 14 212.08(7)(ccc). 15 (d) "Hydrogen fuel cell" means hydrogen fuel cell as 16 defined in s. 212.08(7)(ccc). 17 Section 9. Effective July 1, 2008, section 220.192, 18 Florida Statutes, as amended by this act, is amended to read: 19 220.192 Renewable energy technologies investment tax 20 credit.-- 21 (1) DEFINITIONS.--For purposes of this section, the 22 term: 23 (a) "Biodiesel" means biodiesel as defined in s. 24 212.08(7)(ccc). 25 (b) "Eligible costs" means: 26 1. Seventy-five percent of all capital costs, 27 operation and maintenance costs, and research and development 28 costs incurred between July 1, 2006, and June 30, 2010, up to 29 a limit of $3 million per state fiscal year for all taxpayers, 30 in connection with an investment in hydrogen-powered vehicles 31 and hydrogen vehicle fueling stations in the state, including, 34 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 but not limited to, the costs of constructing, installing, and 2 equipping such technologies in the state. 3 2. Seventy-five percent of all capital costs, 4 operation and maintenance costs, and research and development 5 costs incurred between July 1, 2006, and June 30, 2010, up to 6 a limit of $1.5 million per state fiscal year for all 7 taxpayers, and limited to a maximum of $12,000 per fuel cell, 8 in connection with an investment in commercial stationary 9 hydrogen fuel cells in the state, including, but not limited 10 to, the costs of constructing, installing, and equipping such 11 technologies in the state. 12 3. Seventy-five percent of all capital costs, 13 operation and maintenance costs, and research and development 14 costs incurred between July 1, 2006, and June 30, 2010, up to 15 a limit of $13 million per state fiscal year for all 16 taxpayers, in connection with an investment in the production, 17 storage, and distribution of biodiesel (B10-B100) and ethanol 18 (E10-E100) in the state, including the costs of constructing, 19 installing, and equipping such technologies in the state. 20 Gasoline fueling station pump retrofits for ethanol (E10-E100) 21 distribution qualify as an eligible cost under this 22 subparagraph. 23 (c) "Ethanol" means ethanol as defined in s. 24 212.08(7)(ccc). 25 (d) "Hydrogen fuel cell" means hydrogen fuel cell as 26 defined in s. 212.08(7)(ccc). 27 (2) TAX CREDIT.--For tax years beginning on or after 28 January 1, 2007, a credit against the tax imposed by this 29 chapter shall be granted in an amount equal to the eligible 30 costs. Credits may be used in tax years beginning January 1, 31 2007, and ending December 31, 2010, after which the credit 35 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 shall expire. If the credit is not fully used in any one tax 2 year because of insufficient tax liability on the part of the 3 corporation, the unused amount may be carried forward and used 4 in tax years beginning January 1, 2007, and ending December 5 31, 2012, after which the credit carryover expires and may not 6 be used. A taxpayer that files a consolidated return in this 7 state as a member of an affiliated group under s. 220.131(1) 8 may be allowed the credit on a consolidated return basis up to 9 the amount of tax imposed upon the consolidated group. Any 10 eligible cost for which a credit is claimed and which is 11 deducted or otherwise reduces federal taxable income shall be 12 added back in computing adjusted federal income under s. 13 220.13. 14 (3) CORPORATE APPLICATION PROCESS.--Any corporation 15 wishing to obtain tax credits available under this section 16 must submit to the Florida Alternative Energy Development 17 Corporation Department of Environmental Protection an 18 application for tax credit which that includes a complete 19 description of all eligible costs for which the corporation is 20 seeking a credit and a description of the total amount of 21 credits sought. The Florida Alternative Energy Development 22 Corporation Department of Environmental Protection shall make 23 a determination on the eligibility of the applicant for the 24 credits sought and certify the determination to the applicant 25 and the Department of Revenue. The corporation must attach the 26 Florida Alternative Energy Development Corporation's 27 Department of Environmental Protection's certification to the 28 tax return on which the credit is claimed. The Florida 29 Alternative Energy Development Corporation is Department of 30 Environmental Protection shall be responsible for ensuring 31 that the corporate income tax credits granted in each fiscal 36 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 year do not exceed the limits provided for in this section. 2 The Florida Alternative Energy Development Corporation may 3 Department of Environmental Protection is authorized to adopt 4 the necessary rules, guidelines, and application materials for 5 the application process. 6 (4) TAXPAYER APPLICATION PROCESS.--To claim a credit 7 under this section, each taxpayer must apply to the Florida 8 Alternative Energy Development Corporation Department of 9 Environmental Protection for an allocation of each type of 10 annual credit by the date established by the Florida 11 Alternative Energy Development Corporation Department of 12 Environmental Protection. The application form may be 13 established by the Florida Alternative Energy Development 14 Corporation Department of Environmental Protection and shall 15 include an affidavit from each taxpayer certifying that all 16 information contained in the application, including all 17 records of eligible costs claimed as the basis for the tax 18 credit, are true and correct. Approval of the credits under 19 this section shall be accomplished on a first-come, 20 first-served basis, based upon the date complete applications 21 are received by the Florida Alternative Energy Development 22 Corporation Department of Environmental Protection. A taxpayer 23 shall submit only one complete application based upon eligible 24 costs incurred within a particular state fiscal year. The 25 corporation may not accept incomplete placeholder applications 26 will not be accepted and such an application does will not 27 secure a place in the first-come, first-served application 28 line. If a taxpayer does not receive a tax credit allocation 29 due to the exhaustion of the annual tax credit authorizations, 30 then such taxpayer may reapply in the following year for those 31 eligible costs and shall be given will have priority over 37 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 other applicants for the allocation of credits. 2 (5) ADMINISTRATION; AUDIT AUTHORITY; RECAPTURE OF 3 CREDITS.-- 4 (a) In addition to its existing audit and 5 investigation authority, the Department of Revenue may perform 6 any additional financial and technical audits and 7 investigations, including examining the accounts, books, and 8 records of the tax credit applicant, which that are necessary 9 to verify the eligible costs included in the tax credit return 10 and to ensure compliance with this section. The Florida 11 Alternative Energy Development Corporation Department of 12 Environmental Protection shall provide technical assistance 13 when requested by the Department of Revenue on any technical 14 audits or examinations performed pursuant to this section. 15 (b) It is grounds for forfeiture of previously claimed 16 and received tax credits if the Department of Revenue 17 determines, as a result of either an audit or examination or 18 from information received from the Florida Alternative Energy 19 Development Corporation Department of Environmental 20 Protection, that a taxpayer received tax credits pursuant to 21 this section to which the taxpayer was not entitled. The 22 taxpayer is responsible for returning forfeited tax credits to 23 the Department of Revenue, and such funds shall be paid into 24 the General Revenue Fund of the state. 25 (c) The Florida Alternative Energy Development 26 Corporation Department of Environmental Protection may revoke 27 or modify any written decision granting eligibility for tax 28 credits under this section if it is discovered that the tax 29 credit applicant submitted any false statement, 30 representation, or certification in any application, record, 31 report, plan, or other document filed in an attempt to receive 38 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 tax credits under this section. The Florida Alternative Energy 2 Development Corporation Department of Environmental Protection 3 shall immediately notify the Department of Revenue of any 4 revoked or modified orders affecting previously granted tax 5 credits. Additionally, the taxpayer must notify the Department 6 of Revenue of any change in its tax credit claimed. 7 (d) The taxpayer shall file with the Department of 8 Revenue an amended return or such other report as the 9 Department of Revenue prescribes by rule and shall pay any 10 required tax and interest within 60 days after the taxpayer 11 receives notification from the Florida Alternative Energy 12 Development Corporation Department of Environmental Protection 13 that previously approved tax credits have been revoked or 14 modified. If the revocation or modification order is 15 contested, the taxpayer shall file an amended return or other 16 report as provided in this paragraph within 60 days after a 17 final order is issued following proceedings. 18 (e) A notice of deficiency may be issued by the 19 Department of Revenue at any time within 3 years after the 20 taxpayer receives formal notification from the Florida 21 Alternative Energy Development Corporation Department of 22 Environmental Protection that previously approved tax credits 23 have been revoked or modified. If a taxpayer fails to notify 24 the Department of Revenue of any changes to its tax credit 25 claimed, a notice of deficiency may be issued at any time. 26 (6) RULES.--The Department of Revenue may shall have 27 the authority to adopt rules relating to the forms required to 28 claim a tax credit under this section, the requirements and 29 basis for establishing an entitlement to a credit, and the 30 examination and audit procedures required to administer this 31 section. 39 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (7) PUBLICATION.--The Florida Alternative Energy 2 Development Corporation Department of Environmental Protection 3 shall determine and publish on a regular basis the amount of 4 available tax credits remaining in each fiscal year. 5 Section 10. Effective July 1, 2008, section 377.803, 6 Florida Statutes, is amended to read: 7 377.803 Definitions.--As used in ss. 377.801-377.806, 8 the term: 9 (1) "Act" means the Florida Renewable Energy 10 Technologies and Energy Efficiency Act. 11 (2) "Corporation" means the Florida Alternative Energy 12 Development Corporation. 13 (2) "Approved metering equipment" means a device 14 capable of measuring the energy output of a solar thermal 15 system that has been approved by the commission. 16 (3) "Commission" means the Florida Public Service 17 Commission. 18 (4) "Department" means the Department of Environmental 19 Protection. 20 (4)(5) "Person" means an individual, partnership, 21 joint venture, private or public corporation, association, 22 firm, public service company, or any other public or private 23 entity. 24 (5)(6) "Renewable energy" means electrical, 25 mechanical, or thermal energy produced from a method that uses 26 one or more of the following fuels or energy sources: 27 hydrogen, biomass, solar energy, geothermal energy, wind 28 energy, ocean energy, waste heat, or hydroelectric power, 29 ethanol, or biodiesel. 30 (6)(7) "Renewable energy technology" means any 31 technology that generates or utilizes a renewable energy 40 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 resource. 2 (7)(8) "Solar energy system" means equipment that 3 provides for the collection and use of incident solar energy 4 for water heating, space heating or cooling, or other 5 applications that would normally require a conventional source 6 of energy such as petroleum products, natural gas, or 7 electricity that performs primarily with solar energy. In 8 other systems in which solar energy is used in a supplemental 9 way, only those components that collect and transfer solar 10 energy shall be included in this definition. 11 (8)(9) "Solar photovoltaic system" means a device that 12 converts incident sunlight into electrical current. 13 (9)(10) "Solar thermal system" means a device that 14 traps heat from incident sunlight in order to heat water. 15 Section 11. Effective July 1, 2008, section 377.804, 16 Florida Statutes, is amended to read: 17 377.804 Renewable Energy Technologies Grants 18 Program.-- 19 (1) The Renewable Energy Technologies Grants Program 20 is established within the corporation department to provide 21 renewable energy matching grants for demonstration, 22 commercialization, research, and development projects relating 23 to renewable energy technologies. 24 (2) Matching grants for renewable energy technology 25 demonstration, commercialization, research, and development 26 projects may be made to any of the following: 27 (a) Municipalities and county governments. 28 (b) Established for-profit companies licensed to do 29 business in the state. 30 (c) Universities and colleges in the state. 31 (d) Utilities located and operating within the state. 41 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (e) Not-for-profit organizations. 2 (f) Other qualified persons, as determined by the 3 corporation department. 4 (3) The corporation department may adopt rules 5 pursuant to ss. 120.536(1) and 120.54 to provide for 6 application requirements, provide for ranking of applications, 7 and administer the awarding of grants under this program. 8 (4) Factors the corporation department shall consider 9 in awarding grants include, but are not limited to: 10 (a) The availability of matching funds or other 11 in-kind contributions applied to the total project from an 12 applicant. The corporation department shall give greater 13 preference to projects that provide such matching funds or 14 other in-kind contributions. 15 (b) The degree to which the project stimulates 16 in-state capital investment and economic development in 17 metropolitan and rural areas, including the creation of jobs 18 and the future development of a commercial market for 19 renewable energy technologies. 20 (c) The extent to which the proposed project has been 21 demonstrated to be technically feasible based on pilot project 22 demonstrations, laboratory testing, scientific modeling, or 23 engineering or chemical theory that supports the proposal. 24 (d) The degree to which the project incorporates an 25 innovative new technology or an innovative application of an 26 existing technology. 27 (e) The degree to which a project generates thermal, 28 mechanical, or electrical energy by means of a renewable 29 energy resource that has substantial long-term production 30 potential. 31 (f) The degree to which a project demonstrates 42 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 efficient use of energy and material resources. 2 (g) The degree to which the project fosters overall 3 understanding and appreciation of renewable energy 4 technologies. 5 (h) The ability to administer a complete project. 6 (i) Project duration and timeline for expenditures. 7 (j) The geographic area in which the project is to be 8 conducted in relation to other projects. 9 (k) The degree of public visibility and interaction. 10 (5) The corporation department shall solicit the 11 expertise of other state agencies in evaluating project 12 proposals. State agencies shall cooperate with the Department 13 of Environmental Protection and provide such assistance as 14 requested. 15 (6) The department shall coordinate and actively 16 consult with the Department of Agriculture and Consumer 17 Services during the review and approval process of grants 18 relating to bioenergy projects for renewable energy 19 technology, and the departments shall jointly determine the 20 grant awards to these bioenergy projects. No grant funding 21 shall be awarded to any bioenergy project without such joint 22 approval. Factors for consideration in awarding grants may 23 include, but are not limited to, the degree to which: 24 (a) The project stimulates in-state capital investment 25 and economic development in metropolitan and rural areas, 26 including the creation of jobs and the future development of a 27 commercial market for bioenergy. 28 (b) The project produces bioenergy from Florida-grown 29 crops or biomass. 30 (c) The project demonstrates efficient use of energy 31 and material resources. 43 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (d) The project fosters overall understanding and 2 appreciation of bioenergy technologies. 3 (e) Matching funds and in-kind contributions from an 4 applicant are available. 5 (f) The project duration and the timeline for 6 expenditures are acceptable. 7 (g) The project has a reasonable assurance of 8 enhancing the value of agricultural products or will expand 9 agribusiness in the state. 10 (h) Preliminary market and feasibility research has 11 been conducted by the applicant or others and shows there is a 12 reasonable assurance of a potential market. 13 Section 12. Effective July 1, 2008, section 377.806, 14 Florida Statutes, is amended to read: 15 377.806 Solar Energy System Incentives Program.-- 16 (1) PURPOSE.--The Solar Energy System Incentives 17 Program is established within the corporation department to 18 provide financial incentives for the purchase and installation 19 of solar energy systems. Any resident of the state who 20 purchases and installs a new solar energy system of 2 21 kilowatts or larger for a solar photovoltaic system, a solar 22 energy system that provides at least 50 percent of a 23 building's hot water consumption for a solar thermal system, 24 or a solar thermal pool heater, from July 1, 2006, through 25 June 30, 2010, is eligible for a rebate on a portion of the 26 purchase price of that solar energy system. Payment of a 27 rebate may be made only to the end user of an eligible system. 28 (2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.-- 29 (a) Eligibility requirements.--A solar photovoltaic 30 system qualifies for a rebate if: 31 1. The system is installed by a state-licensed master 44 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 electrician, electrical contractor, or solar contractor. 2 2. The system complies with state interconnection 3 standards as provided by the commission. 4 3. The system complies with all applicable building 5 codes as defined by the local jurisdictional authority. 6 (b) Rebate amounts.--The rebate amount shall be set at 7 $4 per watt based on the total wattage rating of the system. 8 The maximum allowable rebate per solar photovoltaic system 9 installation 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 (3) SOLAR THERMAL SYSTEM INCENTIVE.-- 16 (a) Eligibility requirements.--A solar thermal system 17 qualifies for a rebate if: 18 1. The system is installed by a state-licensed solar 19 or plumbing contractor. 20 2. The system complies with all applicable building 21 codes as defined by the local jurisdictional authority. 22 (b) Rebate amounts.--Authorized rebates for 23 installation of solar thermal systems shall be as follows: 24 1. Five hundred dollars for a residence. 25 2. Fifteen dollars per 1,000 Btu up to a maximum of 26 $5,000 for a place of business, a publicly owned or operated 27 facility, or a facility owned or operated by a private, 28 not-for-profit organization, including condominiums or 29 apartment buildings. Btu must be verified by approved metering 30 equipment. 31 (4) SOLAR THERMAL POOL HEATER INCENTIVE.-- 45 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (a) Eligibility requirements.--A solar thermal pool 2 heater qualifies for a rebate if the system is installed by a 3 state-licensed solar or plumbing contractor and the system 4 complies with all applicable building codes as defined by the 5 local jurisdictional authority. 6 (b) Rebate amount.--Authorized rebates for 7 installation of solar thermal pool heaters shall be $100 per 8 installation. 9 (5) APPLICATION.--Application for a rebate must be 10 made within 90 days after the purchase of the solar energy 11 equipment. 12 (6) LIMITS.--Rebates are limited to one per type of 13 system described in paragraph (2)(a) per resident, per state 14 fiscal year. 15 (7)(6) REBATE AVAILABILITY.--The corporation 16 department shall determine and publish on a regular basis the 17 amount of rebate funds remaining in each fiscal year. The 18 total dollar amount of all rebates issued by the department is 19 subject to the total amount of appropriations in any fiscal 20 year for this program. If funds are insufficient during the 21 current fiscal year, any requests for rebates received during 22 that fiscal year may be processed during the following fiscal 23 year. Requests for rebates received in a fiscal year that are 24 processed during the following fiscal year shall be given 25 priority over requests for rebates received during the 26 following fiscal year. 27 (7) RULES.--The corporation department shall adopt 28 rules pursuant to ss. 120.536(1) and 120.54 to develop rebate 29 applications and administer the issuance of rebates. 30 Section 13. Effective July 1, 2007, section 366.915, 31 Florida Statutes, is created to read: 46 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 366.915 Minimum purchase of renewable energy.-- 2 (1) This section may be cited as the "Florida 3 Renewable Portfolio Standard Act." 4 (2)(a) The Legislature finds that it is in the 5 public's interest to: 6 1. Encourage investment in renewable energy resources 7 in order to expand environmentally sustainable methods of 8 generating electricity. 9 2. Stimulate the economic growth of this state. 10 3. Enhance the continued diversification of the fuel 11 sources for electricity used in the state. 12 (b) The Legislature further finds and declares that a 13 program requiring public utilities to use renewable energy is 14 a way to encourage investments in renewable energy resources, 15 stimulate economic growth within the state, and enhance the 16 continued diversification of the state's energy resources. 17 (3) As used in this section, the term: 18 (a) "Biomass" means a power source that is comprised 19 of, but not limited to, combustible residues or gases from 20 forest products manufacturing, agricultural and orchard crops, 21 waste products from livestock and poultry operations and food 22 processing, urban wood waste, municipal solid waste, municipal 23 liquid waste treatment operations, and landfill gas. 24 (b) "Renewable energy" means electrical energy 25 produced from a method that uses one or more of the following 26 fuels or energy sources: hydrogen produced from sources other 27 than fossil fuels, biomass, solar energy, geothermal energy, 28 wind energy, ocean energy, and hydroelectric power. The term 29 also includes energy-efficiency resources, such as waste heat 30 from sulfuric acid manufacturing operations and combined heat 31 and power. It also includes nuclear and coal fuel when coal is 47 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 used in a facility having potential carbon-dioxide-capturing 2 technology. 3 (4) Each public utility, as defined in s. 366.02, 4 shall ensure that by 2015 and for each year thereafter, at 5 least 50 percent of all new net energy for load, using 2006 as 6 a base year, is derived from renewable energy produced in this 7 state. 8 (5) If a public utility must procure renewable energy 9 in order to satisfy the requirements of this section, the 10 public utility shall use a competitive-procurement process, 11 give priority to entities that produce renewable energy in 12 this state, and use sources of renewable energy which are not 13 related to or affiliated with the public utility, except when, 14 and only to the extent that, such entities collectively cannot 15 produce enough renewable energy to satisfy the requirements of 16 this section. 17 (6) The Public Service Commission may adopt rules to 18 ensure that the procurement of renewable energy by public 19 utilities is conducted in a fair and impartial manner, 20 consistent with the goals set forth in this section. The 21 Public Service Commission also may develop an accreditation 22 process to ensure that any entities providing renewable energy 23 in this state satisfy the goals of this section. 24 Section 14. Effective July 1, 2007, paragraph (b) of 25 subsection (2) of section 366.91, Florida Statutes, is amended 26 to read: 27 366.91 Renewable energy.-- 28 (2) As used in this section, the term: 29 (b) "Renewable energy" means electrical energy 30 produced from a method that uses one or more of the following 31 fuels or energy sources: hydrogen produced from sources other 48 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 than fossil fuels, biomass, solar energy, geothermal energy, 2 wind energy, ocean energy, and hydroelectric power. The term 3 also includes the alternative energy efficiency resources 4 resource, waste heat, from sulfuric acid manufacturing 5 operations, and combined heat and power. 6 Section 15. Effective July 1, 2007, section 366.925, 7 Florida Statutes, is created to read: 8 366.925 Electric utilities; net metering.-- 9 (1) This section may be cited as the "Florida Net 10 Metering Conservation Act." 11 (2) The commission shall develop rules requiring all 12 public utilities to develop net-metering programs that meet 13 the requirements of this subsection. Each utility shall make 14 available meters that measure both energy production and 15 consumption by the customer. The customer shall receive credit 16 at the full retail rate for energy generated by an eligible 17 system. If the customer's system generates more energy than 18 the customer consumes during a billing cycle, the utility 19 shall pay the customer for the excess generation at its full 20 avoided cost, as set forth in s. 366.051. 21 (3) The commission shall develop rules setting the 22 interconnection requirements and other standards that 23 renewable energy systems must meet in order to ensure public 24 safety and reliability for customers who participate in the 25 net-metering program. 26 Section 16. Effective July 1, 2007, every wholesaler 27 of diesel to a marina within this state must offer biodiesel 28 for sale. 29 Section 17. Effective July 1, 2007, section 403.0874, 30 Florida Statutes, is created to read: 31 403.0874 Greenhouse gas inventories.-- 49 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (1) The department shall develop greenhouse gas 2 inventories that account for annual greenhouse gases emitted 3 into and removed from the atmosphere, and that forecast gases 4 emitted into and removed from the atmosphere, for all major 5 greenhouse gases and for time periods that are determined 6 sufficient by the department to provide for adequate analysis 7 and planning. 8 (2) By rule, the department shall define what 9 greenhouse gases are to be included in each inventory, the 10 criteria for defining major emitters, which emitters must 11 report emissions, and what methodologies shall be used to 12 estimate gases emitted into and removed from the atmosphere 13 and determine those that are not required to be reported. 14 (3) The department may require all major emitters of 15 defined greenhouse gases to report emissions according to 16 methodologies and reporting systems approved by the department 17 and established by rule, which may include the use of 18 quality-assured data from continuous emissions-monitoring 19 systems. 20 Section 18. Effective July 1, 2007, subsection (2) of 21 section 366.04, Florida Statutes, is amended, and subsection 22 (7) is added to that section, to read: 23 366.04 Jurisdiction of commission.-- 24 (2) In the exercise of its jurisdiction, the 25 commission shall have power over electric utilities for the 26 following purposes: 27 (a) To prescribe uniform systems and classifications 28 of accounts. 29 (b) To prescribe a rate structure for all electric 30 utilities. 31 (c) To require electric power conservation and 50 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 reliability within a coordinated grid, for operational as well 2 as emergency purposes. 3 (d) To approve territorial agreements between and 4 among rural electric cooperatives, municipal electric 5 utilities, and other electric utilities under its 6 jurisdiction. However, nothing in this chapter shall be 7 construed to alter existing territorial agreements as between 8 the parties to such agreements. 9 (e) To resolve, upon petition of a utility or on its 10 own motion, any territorial dispute involving service areas 11 between and among rural electric cooperatives, municipal 12 electric utilities, and other electric utilities under its 13 jurisdiction. In resolving territorial disputes, the 14 commission may consider, but not be limited to consideration 15 of, the ability of the utilities to expand services within 16 their own capabilities and the nature of the area involved, 17 including population, the degree of urbanization of the area, 18 its proximity to other urban areas, and the present and 19 reasonably foreseeable future requirements of the area for 20 other utility services. 21 (f) To prescribe and require the filing of periodic 22 reports and other data as may be reasonably available and as 23 necessary to exercise its jurisdiction hereunder. 24 (g) To review and approve or deny proposed sales and 25 transfers of utility assets, including a proposed merger or 26 acquisition of the utility. 27 28 No provision of this chapter shall be construed or applied to 29 impede, prevent, or prohibit any municipally owned electric 30 utility system from distributing at retail electrical energy 31 within its corporate limits, as such corporate limits exist on 51 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 July 1, 1974; however, existing territorial agreements shall 2 not be altered or abridged hereby. 3 (7) The commission may establish rules and standards 4 of conduct to insulate and protect the public from business 5 practices and merger activity that would adversely affect the 6 credit rating and financial standing of the state's regulated 7 public utilities. The commission has specific authority to 8 approve, deny, or impose conditions upon mergers between a 9 public utility and another entity or a public utility's 10 affiliated parent or holding company and another entity. As 11 used in this subsection, the term "assets" includes, but is 12 not limited to, real assets, financial assets, construction 13 work in progress, and allowances for funds used during 14 construction. However, the commission may establish by rule 15 minimum levels of value of asset transfer which shall be 16 deemed immaterial because the amount involved would not 17 adversely affect the utility and therefore is not subject to 18 this subsection. In the exercise of this jurisdiction, the 19 commission has the powers set forth in this subsection. 20 (a) The commission may restrict and mandate the use 21 and terms of a sale or transfer of utility assets. This 22 includes a restriction against using utility assets as 23 collateral or a guarantee for any nonutility business. A 24 regulated public utility doing business in this state may not, 25 without first obtaining the commission's approval: 26 1. Sell, lease, transfer, assign, or otherwise dispose 27 of the whole of the property of such regulated public utility 28 which is necessary or useful in the performance of its duties 29 to the public or any part thereof of a value in excess of 30 those values provided in this subsection, or sell, lease, 31 assign or otherwise dispose of any franchise, permit, or right 52 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 to maintain and operate such regulated public utility or 2 public utility property or to perform any service as a public 3 utility; 4 2. Mortgage or otherwise encumber the whole or any 5 part of the property of such regulated public utility which is 6 necessary or useful in the performance of its duties to the 7 public, including any franchise, permit, or right to maintain 8 and operate such public utility or public utility property or 9 to perform any service as a public utility; or 10 3. By any means whatsoever, directly or indirectly, 11 merge, consolidate, or interconnect any of its lines, plants, 12 systems, or other property whatsoever, including any 13 franchise, permit, or right to maintain or operate any public 14 utility property or to perform any service as a public 15 utility, or any part thereof, with any other public utility. 16 17 However, a sale, assignment, lease, or transfer of 18 utility-related facilities or assets, or any portion thereof, 19 may occur prior to commission approval if the contract for 20 sale, lease, assignment, or transfer is made contingent upon 21 commission approval. 22 (b) A merger or combination affecting any public 23 utility, affiliated parent, or holding company may not occur 24 through acquisition or control by stock purchase or otherwise 25 without the approval of the commission and a determination 26 that the proposed merger or combination affecting any public 27 utility through acquisition or control by stock purchase or 28 otherwise is in the public interest and will fulfill the 29 commitments, obligations, and representations of the public 30 utility. However, a merger or combination affecting any public 31 utility made through acquisition or control by stock purchase 53 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 or otherwise may occur prior to the commission's approval if 2 such action is made contingent upon commission approval. 3 (c) In its determination of whether a transaction is 4 in the public interest, the commission may consider whether: 5 1. The transaction will adversely affect the adequacy, 6 efficiency, and reliability of the electric service that is 7 provided to the public utility's end-use customers; 8 2. The transaction will result in increased cost of 9 the electric service that is provided to the public utility's 10 end-use customers without offsetting benefits; 11 3. The transaction will harm the financial condition 12 of the public utility; and 13 4. Comparable economic savings can be achieved through 14 other means, including no transaction, while avoiding the 15 possible adverse consequences of the proposed transaction. 16 (d) The commission may approve, deny, or require 17 modification of any request submitted under this subsection. A 18 public utility seeking review under this subsection shall file 19 a petition with the commission coincident with or prior to 20 filing a similar petition to the Federal Energy Regulatory 21 Commission pursuant to s. 1289, EPACT 2005, s. 203(a) of the 22 Federal Power Act, 16 U.S.C. s. 824b(a). In support of the 23 petition, the public utility shall file direct testimony and 24 supporting documents at the time the initial petition is 25 submitted to the commission. 26 (e) The commission may adopt rules to administer this 27 subsection, including setting material asset value thresholds. 28 Section 19. Section 212.086, Florida Statutes, is 29 created to read: 30 212.086 Energy Efficient Motor Vehicle Sales Tax 31 Refund Program.-- 54 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (1) The Energy Efficient Motor Vehicle Sales Tax 2 Refund Program is established to provide financial incentives 3 for the purchase of alternative motor vehicles as specified by 4 this section. 5 (2) Any person who purchases an alternative motor 6 vehicle from a sales tax dealer in the state is eligible for a 7 refund of the sales tax paid under this chapter. The sales tax 8 that is eligible for refund shall be computed on the sales 9 price of the alternative motor vehicle up to a maximum sales 10 price of $15,000. 11 (3) In order to qualify for the sales tax refund under 12 this section, the alternative motor vehicle must be certified 13 as a new qualified hybrid motor vehicle, new qualified 14 alternative fuel motor vehicle, new qualified fuel cell motor 15 vehicle, or new advanced lean-burn technology motor vehicle by 16 the Internal Revenue Service for the income tax credit for 17 alternative motor vehicles under s. 30B of the Internal 18 Revenue Code of 1986, as amended. 19 (4) Notwithstanding ss. 212.095 and 215.26, an 20 application for refund must be filed with the department 21 within 90 days after purchase of the alternative motor vehicle 22 and must contain the following: 23 (a) The name and address of the person claiming the 24 refund. 25 (b) A specific description of the alternative motor 26 vehicle for which a refund is sought, including the vehicle 27 identification number. 28 (c) The sales invoice or other proof of purchase 29 showing the amount of sales tax paid, the date of purchase, 30 and the name and address of the sales tax dealer from whom the 31 alternative motor vehicle was purchased. 55 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (d) A sworn statement that the information provided is 2 accurate and that the requirements of this section have been 3 met. 4 (5) The total dollar amount of all refunds issued by 5 the department is limited to the total amount of 6 appropriations in any fiscal year for this program. The 7 department may approve refunds up to the amount appropriated 8 for this refund program based on the date of filing an 9 application for refund pursuant to subsection (4). If the 10 funds are insufficient during the current fiscal year, any 11 requests for refund received during that fiscal year may be 12 processed during the following fiscal year, subject to the 13 appropriation, and have priority over new applications for 14 refund filed in the following fiscal year. The provisions of 15 s. 213.255 do not apply to requests for refund which are held 16 for payment in the following fiscal year. 17 (6) The department shall adopt rules pursuant to ss. 18 120.536(1) and 120.54 to administer this section, including 19 rules establishing forms and procedures for claiming this 20 refund. 21 (7) A taxpayer who receives a refund pursuant to s. 22 212.08(7)(ccc) may not be allowed a refund provided in this 23 section. 24 (8) This section is repealed July 1, 2010. 25 Section 20. For the 2007-2008 fiscal year, the sum of 26 $___ million is appropriated from the General Revenue Fund to 27 the Administrative Trust Fund of the Department of Revenue for 28 the purpose of paying sales tax refunds as provided in this 29 act. 30 Section 21. Subsection (5) is added to section 31 255.252, Florida Statutes, to read: 56 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 255.252 Findings and intent.-- 2 (5) Each state agency must identify and compile a list 3 of all state-owned buildings within its inventory which it 4 determines are suitable to consider for a guaranteed 5 energy-performance savings contract pursuant to s. 489.145. 6 Such list shall be submitted to the Department of Management 7 Services by December 31, 2007, and shall include any criteria 8 used to determine suitability. The list of suitable buildings 9 shall be developed from the list of state-owned facilities of 10 more than 5,000 square feet in area for which the agency pays 11 for the expenses of utilities and other operating expenses as 12 they relate to energy use. In consultation with each 13 department secretary or director, by March 1, 2008, the 14 Department of Management Services shall evaluate each agency's 15 facilities found suitable for energy conservation projects, 16 and shall develop an energy efficiency project schedule based 17 on factors such as project magnitude, efficiency and 18 effectiveness of energy conservation measures to be 19 implemented, and other factors that may be advantageous to 20 pursue. Such schedule shall provide the deadline for 21 guaranteed energy-performance savings contract improvements to 22 be made to the state-owned buildings. 23 Section 22. Paragraph (b) of subsection (2) and 24 subsection (5) of section 287.063, Florida Statutes, are 25 amended to read: 26 287.063 Deferred-payment commodity contracts; preaudit 27 review.-- 28 (b) The Chief Financial Officer shall establish, by 29 rule, criteria for approving purchases made under 30 deferred-payment contracts which require the payment of 31 interest. Criteria shall include, but not be limited to, the 57 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 following provisions: 2 1. No contract shall be approved in which interest 3 exceeds the statutory ceiling contained in this section. 4 However, the interest component of any master equipment 5 financing agreement entered into for the purpose of 6 consolidated financing of a deferred-payment, installment 7 sale, or lease-purchase shall be deemed to comply with the 8 interest rate limitation of this section so long as the 9 interest component of every interagency agreement under such 10 master equipment financing agreement complies with the 11 interest rate limitation of this section. 12 2. No deferred-payment purchase for less than $30,000 13 shall be approved, unless it can be satisfactorily 14 demonstrated and documented to the Chief Financial Officer 15 that failure to make such deferred-payment purchase would 16 adversely affect an agency in the performance of its duties. 17 However, the Chief Financial Officer may approve any 18 deferred-payment purchase if the Chief Financial Officer 19 determines that such purchase is economically beneficial to 20 the state. 21 3. No agency shall obligate an annualized amount of 22 payments for deferred-payment purchases in excess of current 23 operating capital outlay appropriations, unless specifically 24 authorized by law or unless it can be satisfactorily 25 demonstrated and documented to the Chief Financial Officer 26 that failure to make such deferred-payment purchase would 27 adversely affect an agency in the performance of its duties. 28 3.4. No contract shall be approved which extends 29 payment beyond 5 years, unless it can be satisfactorily 30 demonstrated and documented to the Chief Financial Officer 31 that failure to make such deferred-payment purchase would 58 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 adversely affect an agency in the performance of its duties. 2 The payment term may not exceed the useful life of the 3 equipment unless the contract provides for the replacement or 4 the extension of the useful life of the equipment during the 5 term of the loan. 6 (5) For purposes of this section, the annualized 7 amount of any such deferred payment commodity contract must be 8 supported from available recurring funds appropriated to the 9 agency in an appropriation category, other than the expense 10 appropriation category as defined in chapter 216, that the 11 Chief Financial Officer has determined is appropriate or that 12 the Legislature has designated for payment of the obligation 13 incurred under this section. 14 Section 23. Subsections (10) and (11) of section 15 287.064, Florida Statutes, are amended to read: 16 287.064 Consolidated financing of deferred-payment 17 purchases.-- 18 (10) Costs incurred pursuant to a guaranteed energy 19 performance savings contract, including the cost of energy 20 conservation measures, each as defined in s. 489.145, may be 21 financed pursuant to a master equipment financing agreement; 22 however, the costs of training, operation, and maintenance may 23 not be financed. The period of time for repayment of the funds 24 drawn pursuant to the master equipment financing agreement 25 under this subsection may exceed 5 years but may not exceed 20 26 10 years for energy conservation measures pursuant to s. 27 489.145, excluding the costs of training, operation, and 28 maintenance. The guaranteed energy performance savings 29 contractor shall provide for the replacement or the extension 30 of the useful life of the equipment during the term of the 31 contract. 59 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (11) For purposes of consolidated financing of 2 deferred payment commodity contracts under this section by a 3 state agency, the annualized amount of any such contract must 4 be supported from available recurring funds appropriated to 5 the agency in an appropriation category, other than the 6 expense appropriation category as defined in chapter 216, that 7 the Chief Financial Officer has determined is appropriate or 8 that the Legislature has designated for payment of the 9 obligation incurred under this section. 10 Section 24. Section 489.145, Florida Statutes, is 11 amended to read: 12 489.145 Guaranteed energy performance savings 13 contracting.-- 14 (1) SHORT TITLE.--This section may be cited as the 15 "Guaranteed Energy Performance Savings Contracting Act." 16 (2) LEGISLATIVE FINDINGS.--The Legislature finds that 17 investment in energy conservation measures in agency 18 facilities can reduce the amount of energy consumed and 19 produce immediate and long-term savings. It is the policy of 20 this state to encourage agencies to invest in energy 21 conservation measures that reduce energy consumption, produce 22 a cost savings for the agency, and improve the quality of 23 indoor air in public facilities and to operate, maintain, and, 24 when economically feasible, build or renovate existing agency 25 facilities in such a manner as to minimize energy consumption 26 and maximize energy savings. It is further the policy of this 27 state to encourage agencies to reinvest any energy savings 28 resulting from energy conservation measures in additional 29 energy conservation efforts. 30 (3) DEFINITIONS.--As used in this section, the term: 31 (a) "Agency" means the state, a municipality, or a 60 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 political subdivision. 2 (b) "Energy conservation measure" means a training 3 program, facility alteration, or an equipment purchase to be 4 used in new construction, including an addition to an existing 5 facility, which reduces energy or energy-related operating 6 costs and includes, but is not limited to: 7 1. Insulation of the facility structure and systems 8 within the facility. 9 2. Storm windows and doors, caulking or 10 weatherstripping, multiglazed windows and doors, 11 heat-absorbing, or heat-reflective, glazed and coated window 12 and door systems, additional glazing, reductions in glass 13 area, and other window and door system modifications that 14 reduce energy consumption. 15 3. Automatic energy control systems. 16 4. Heating, ventilating, or air-conditioning system 17 modifications or replacements. 18 5. Replacement or modifications of lighting fixtures 19 to increase the energy efficiency of the lighting system, 20 which, at a minimum, must conform to the applicable state or 21 local building code. 22 6. Energy recovery systems. 23 7. Cogeneration systems that produce steam or forms of 24 energy such as heat, as well as electricity, for use primarily 25 within a facility or complex of facilities. 26 8. Energy conservation measures that reduce Btu, kW, 27 or kWh consumed or provide long-term operating cost reductions 28 or significantly reduce Btu consumed. 29 9. Renewable energy systems, such as solar, biomass, 30 or wind systems. 31 10. Devices that reduce water consumption or sewer 61 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 charges. 2 11. Storage systems, such as fuel cells and thermal 3 storage. 4 12. Generating technologies, such as microturbines. 5 13. Any other repair, replacement, or upgrade of 6 existing equipment. 7 (c) "Energy cost savings" means a measured reduction 8 in the cost of fuel, energy consumption, and stipulated 9 operation and maintenance created from the implementation of 10 one or more energy conservation measures when compared with an 11 established baseline for the previous cost of fuel, energy 12 consumption, and stipulated operation and maintenance. 13 (d) "Guaranteed energy performance savings contract" 14 means a contract for the evaluation, recommendation, and 15 implementation of energy conservation measures or 16 energy-related operational savings measures, which, at a 17 minimum, shall include: 18 1. The design and installation of equipment to 19 implement one or more of such measures and, if applicable, 20 operation and maintenance of such measures. 21 2. The amount of any actual annual savings that meet 22 or exceed total annual contract payments made by the agency 23 for the contract and may include allowable cost avoidance. As 24 used in this section, allowable cost-avoidance calculations 25 include, but are not limited to, avoided provable budgeted 26 costs contained in a capital replacement plan less the current 27 undepreciated value of replaced equipment and the replacement 28 cost of the new equipment. 29 3. The finance charges incurred by the agency over the 30 life of the contract. 31 (e) "Guaranteed energy performance savings contractor" 62 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 means a person or business that is licensed under chapter 471, 2 chapter 481, or this chapter, and is experienced in the 3 analysis, design, implementation, or installation of energy 4 conservation measures through energy performance contracts. 5 (4) PROCEDURES.-- 6 (a) An agency may enter into a guaranteed energy 7 performance savings contract with a guaranteed energy 8 performance savings contractor to significantly reduce energy 9 consumption or energy-related operating costs of an agency 10 facility through one or more energy conservation measures. 11 (b) Before design and installation of energy 12 conservation measures, the agency must obtain from a 13 guaranteed energy performance savings contractor a report that 14 summarizes the costs associated with the energy conservation 15 measures or energy-related operational cost savings measures 16 and provides an estimate of the amount of the energy cost 17 savings. The agency and the guaranteed energy performance 18 savings contractor may enter into a separate agreement to pay 19 for costs associated with the preparation and delivery of the 20 report; however, payment to the contractor shall be contingent 21 upon the report's projection of energy or operational cost 22 savings being equal to or greater than the total projected 23 costs of the design and installation of the report's energy 24 conservation measures. 25 (c) The agency may enter into a guaranteed energy 26 performance savings contract with a guaranteed energy 27 performance savings contractor if the agency finds that the 28 amount the agency would spend on the energy conservation or 29 energy-related cost saving measures will not likely exceed the 30 amount of the energy or energy-related cost savings for up to 31 20 years from the date of installation, based on the life 63 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 cycle cost calculations provided in s. 255.255, if the 2 recommendations in the report were followed and if the 3 qualified provider or providers give a written guarantee that 4 the energy or energy-related cost savings will meet or exceed 5 the costs of the system. However, actual computed cost savings 6 must meet or exceed the estimated cost savings provided in 7 program approval. Baseline adjustments used in calculations 8 must be specified in the contract. The contract may provide 9 for installment payments for a period not to exceed 20 years. 10 (d) A guaranteed energy performance savings contractor 11 must be selected in compliance with s. 287.055; except that if 12 fewer than three firms are qualified to perform the required 13 services, the requirement for agency selection of three firms, 14 as provided in s. 287.055(4)(b), and the bid requirements of 15 s. 287.057 do not apply. 16 (e) Before entering into a guaranteed energy 17 performance savings contract, an agency must provide published 18 notice of the meeting in which it proposes to award the 19 contract, the names of the parties to the proposed contract, 20 and the contract's purpose. 21 (f) A guaranteed energy performance savings contract 22 may provide for financing, including tax exempt financing, by 23 a third party. The contract for third party financing may be 24 separate from the energy performance contract. A separate 25 contract for third party financing pursuant to this paragraph 26 must include a provision that the third party financier must 27 not be granted rights or privileges that exceed the rights and 28 privileges available to the guaranteed energy performance 29 savings contractor. 30 (g) Financing for guaranteed energy performance 31 savings contracts may be provided under the authority of s. 64 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 287.064. 2 (h)(g) In determining the amount the agency will 3 finance to acquire the energy conservation measures, the 4 agency may reduce such amount by the application of any grant 5 moneys, rebates, or capital funding available to the agency 6 for the purpose of buying down the cost of the guaranteed 7 energy performance savings contract. However, in calculating 8 the life cycle cost as required in paragraph (c), the agency 9 shall not apply any grants, rebates, or capital funding. The 10 Office of the Chief Financial Officer shall review proposals 11 to ensure that the most effective financing is being used. 12 (5) CONTRACT PROVISIONS.-- 13 (a) A guaranteed energy performance savings contract 14 must include a written guarantee that may include, but is not 15 limited to the form of, a letter of credit, insurance policy, 16 or corporate guarantee by the guaranteed energy performance 17 savings contractor that annual energy cost savings will meet 18 or exceed the amortized cost of energy conservation measures. 19 (b) The guaranteed energy performance savings contract 20 must provide that all payments, except obligations on 21 termination of the contract before its expiration, may be made 22 over time, but not to exceed 20 years from the date of 23 complete installation and acceptance by the agency, and that 24 the annual savings are guaranteed to the extent necessary to 25 make annual payments to satisfy the guaranteed energy 26 performance savings contract. 27 (c) The guaranteed energy performance savings contract 28 must require that the guaranteed energy performance savings 29 contractor to whom the contract is awarded provide a 30 100-percent public construction bond to the agency for its 31 faithful performance, as required by s. 255.05. 65 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (d) The guaranteed energy performance savings contract 2 may contain a provision allocating to the parties to the 3 contract any annual energy cost savings that exceed the amount 4 of the energy cost savings guaranteed in the contract. 5 (e) The guaranteed energy performance savings contract 6 shall require the guaranteed energy performance savings 7 contractor to provide to the agency an annual reconciliation 8 of the guaranteed energy or energy-related cost savings. If 9 the reconciliation reveals a shortfall in annual energy or 10 energy-related cost savings, the guaranteed energy performance 11 savings contractor is liable for such shortfall. If the 12 reconciliation reveals an excess in annual energy cost 13 savings, the excess savings may be allocated under paragraph 14 (d) but may not be used to cover potential energy cost savings 15 shortages in subsequent contract years. 16 (f) The guaranteed energy performance savings contract 17 must provide for payments of not less than one-twentieth of 18 the price to be paid within 2 years from the date of the 19 complete installation and acceptance by the agency using 20 straight-line amortization for the term of the loan, and the 21 remaining costs to be paid at least quarterly, not to exceed a 22 20-year term, based on life cycle cost calculations. 23 (g) The guaranteed energy performance savings contract 24 may extend beyond the fiscal year in which it becomes 25 effective; however, the term of any contract expires at the 26 end of each fiscal year and may be automatically renewed 27 annually for up to 20 years, subject to the agency making 28 sufficient annual appropriations based upon continued realized 29 energy savings. 30 (h) The guaranteed energy performance savings contract 31 must stipulate that it does not constitute a debt, liability, 66 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 or obligation of the state. 2 (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The 3 Department of Management Services, with the assistance of the 4 Office of the Chief Financial Officer, may, within available 5 resources, provide technical assistance to state agencies 6 contracting for energy conservation measures and engage in 7 other activities considered appropriate by the department for 8 promoting and facilitating guaranteed energy performance 9 contracting by state agencies. The Office of the Chief 10 Financial Officer, with the assistance of the Department of 11 Management Services, shall may, within available resources, 12 develop model contractual and related documents for use by 13 state agencies. Prior to entering into a guaranteed energy 14 performance savings contract, any contract or lease for 15 third-party financing, or any combination of such contracts, a 16 state agency shall submit such proposed contract or lease to 17 the Office of the Chief Financial Officer for review and 18 approval that includes the following:. 19 (a) Supporting information required by s. 20 216.023(4)(a)9. 21 (b) Documentation supporting recurring funds 22 requirements in ss. 287.063(5) and 287.064(11). 23 (c) Approval by agency head or designee. 24 (d) An agency measurement and verification plan to 25 monitor costs savings. 26 (7) FUNDING REPORT.--For purposes of consolidated 27 financing of deferred payment commodity contracts under this 28 section by a state agency, the annualized amount of any such 29 contract must be supported from available recurring funds 30 appropriated to the agency in an appropriation category, as 31 defined in chapter 216, which the Chief Financial Officer has 67 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 determined is appropriate or which the Legislature has 2 designated for payment of the obligation incurred under this 3 section. 4 5 The Office of the Chief Financial Officer may not approve any 6 contract submitted under this section which does not meet the 7 requirements of this section. 8 Section 25. Section 366.93, Florida Statutes, is 9 amended to read: 10 366.93 Cost recovery for the siting, design, 11 licensing, and construction of nuclear and integrated 12 gasification combined cycle power plants.-- 13 (1) As used in this section, the term: 14 (a) "Cost" includes, but is not limited to, all 15 capital investments, including rate of return, any applicable 16 taxes, and all expenses, including operation and maintenance 17 expenses, related to or resulting from the siting, licensing, 18 design, construction, or operation of the nuclear or 19 integrated gasification combined cycle power plant. 20 (b) "Electric utility" or "utility" has the same 21 meaning as that provided in s. 366.8255(1)(a). 22 (c) "Integrated gasification combined cycle power 23 plant" or "plant" is an electrical power plant as defined in 24 s. 403.503(13) that uses synthesis gas produced by integrated 25 gasification technology. 26 (d)(c) "Nuclear power plant" or "plant" is an 27 electrical power plant as defined in s. 403.503(13) which s. 28 403.503(12) that uses nuclear materials for fuel. 29 (e) "Power plant" or "plant" means a nuclear power 30 plant or an integrated gasification combined cycle power 31 plant. 68 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 (f)(d) "Preconstruction" is that period of time after 2 a site has been selected through and including the date the 3 utility completes site clearing work. Preconstruction costs 4 shall be afforded deferred accounting treatment and shall 5 accrue a carrying charge equal to the utility's allowance for 6 funds during construction (AFUDC) rate until recovered in 7 rates. 8 (2) Within 6 months after the enactment of this act, 9 the commission shall establish, by rule, alternative cost 10 recovery mechanisms for the recovery of costs incurred in the 11 siting, design, licensing, and construction of a nuclear or 12 integrated gasification combined cycle power plant. Such 13 mechanisms shall be designed to promote utility investment in 14 nuclear or integrated gasification combined cycle power plants 15 and allow for the recovery in rates of all prudently incurred 16 costs, and shall include, but are not limited to: 17 (a) Recovery through the capacity cost recovery clause 18 of any preconstruction costs. 19 (b) Recovery through an incremental increase in the 20 utility's capacity cost recovery clause rates of the carrying 21 costs on the utility's projected construction cost balance 22 associated with the nuclear or integrated gasification 23 combined cycle power plant. To encourage investment and 24 provide certainty, for nuclear or integrated gasification 25 combined cycle power plant need petitions submitted on or 26 before December 31, 2010, associated carrying costs shall be 27 equal to the pretax AFUDC in effect upon this act becoming 28 law. For nuclear or integrated gasification combined cycle 29 power plants for which need petitions are submitted after 30 December 31, 2010, the utility's existing pretax AFUDC rate is 31 presumed to be appropriate unless determined otherwise by the 69 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 commission in the determination of need for the nuclear or 2 integrated gasification combined cycle power plant. 3 (3) After a petition for determination of need is 4 granted, a utility may petition the commission for cost 5 recovery as permitted by this section and commission rules. 6 (4) When the nuclear or integrated gasification 7 combined cycle power plant is placed in commercial service, 8 the utility shall be allowed to increase its base rate charges 9 by the projected annual revenue requirements of the nuclear or 10 integrated gasification combined cycle power plant based on 11 the jurisdictional annual revenue requirements of the plant 12 for the first 12 months of operation. The rate of return on 13 capital investments shall be calculated using the utility's 14 rate of return last approved by the commission prior to the 15 commercial inservice date of the nuclear or integrated 16 gasification combined cycle power plant. If any existing 17 generating plant is retired as a result of operation of the 18 nuclear or integrated gasification combined cycle power plant, 19 the commission shall allow for the recovery, through an 20 increase in base rate charges, of the net book value of the 21 retired plant over a period not to exceed 5 years. 22 (5) The utility shall report to the commission 23 annually the budgeted and actual costs as compared to the 24 estimated inservice cost of the nuclear or integrated 25 gasification combined cycle power plant provided by the 26 utility pursuant to s. 403.519(4), until the commercial 27 operation of the nuclear or integrated gasification combined 28 cycle power plant. The utility shall provide such information 29 on an annual basis following the final order by the commission 30 approving the determination of need for the nuclear or 31 integrated gasification combined cycle power plant, with the 70 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 understanding that some costs may be higher than estimated and 2 other costs may be lower. 3 (6) In the event the utility elects not to complete or 4 is precluded from completing construction of the nuclear or 5 integrated gasification combined cycle power plant, the 6 utility shall be allowed to recover all prudent 7 preconstruction and construction costs incurred following the 8 commission's issuance of a final order granting a 9 determination of need for the nuclear or integrated 10 gasification combined cycle power plant. The utility shall 11 recover such costs through the capacity cost recovery clause 12 over a period equal to the period during which the costs were 13 incurred or 5 years, whichever is greater. The unrecovered 14 balance during the recovery period will accrue interest at the 15 utility's weighted average cost of capital as reported in the 16 commission's earnings surveillance reporting requirement for 17 the prior year. 18 Section 26. Subsection (4) of section 403.519, Florida 19 Statutes, is amended to read: 20 403.519 Exclusive forum for determination of need.-- 21 (4) In making its determination on a proposed 22 electrical power plant using nuclear materials or synthesis 23 gas produced by integrated gasification combined cycle power 24 plant as fuel, the commission shall hold a hearing within 90 25 days after the filing of the petition to determine need and 26 shall issue an order granting or denying the petition within 27 135 days after the date of the filing of the petition. The 28 commission shall be the sole forum for the determination of 29 this matter and the issues addressed in the petition, which 30 accordingly shall not be reviewed in any other forum, or in 31 the review of proceedings in such other forum. In making its 71 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 determination to either grant or deny the petition, the 2 commission shall consider the need for electric system 3 reliability and integrity, including fuel diversity, the need 4 for base-load generating capacity, and the need for adequate 5 electricity at a reasonable cost. 6 (a) The applicant's petition shall include: 7 1. A description of the need for the generation 8 capacity. 9 2. A description of how the proposed nuclear or 10 integrated gasification combined cycle power plant will 11 enhance the reliability of electric power production within 12 the state by improving the balance of power plant fuel 13 diversity and reducing Florida's dependence on fuel oil and 14 natural gas. 15 3. A description of and a nonbinding estimate of the 16 cost of the nuclear or integrated gasification combined cycle 17 power plant. 18 4. The annualized base revenue requirement for the 19 first 12 months of operation of the nuclear or integrated 20 gasification combined cycle power plant. 21 5. Information on whether there were any discussions 22 with any electric utilities regarding ownership of a portion 23 of the nuclear or integrated gasification combined cycle power 24 plant by such electric utilities. 25 (b) In making its determination, the commission shall 26 take into account matters within its jurisdiction, which it 27 deems relevant, including whether the nuclear or integrated 28 gasification combined cycle power plant will: 29 1. Provide needed base-load capacity. 30 2. Enhance the reliability of electric power 31 production within the state by improving the balance of power 72 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 plant fuel diversity and reducing Florida's dependence on fuel 2 oil and natural gas. 3 3. Provide the most cost-effective source of power, 4 taking into account the need to improve the balance of fuel 5 diversity, reduce Florida's dependence on fuel oil and natural 6 gas, reduce air emission compliance costs, and contribute to 7 the long-term stability and reliability of the electric grid. 8 (c) No provision of rule 25-22.082, Florida 9 Administrative Code, shall be applicable to a nuclear or 10 integrated gasification combined cycle power plant sited under 11 this act, including provisions for cost recovery, and an 12 applicant shall not otherwise be required to secure 13 competitive proposals for power supply prior to making 14 application under this act or receiving a determination of 15 need from the commission. 16 (d) The commission's determination of need for a 17 nuclear or integrated gasification combined cycle power plant 18 shall create a presumption of public need and necessity and 19 shall serve as the commission's report required by s. 20 403.507(4)(a). An order entered pursuant to this section 21 constitutes final agency action. Any petition for 22 reconsideration of a final order on a petition for need 23 determination shall be filed within 5 days after the date of 24 such order. The commission's final order, including any order 25 on reconsideration, shall be reviewable on appeal in the 26 Florida Supreme Court. Inasmuch as delay in the determination 27 of need will delay siting of a nuclear or integrated 28 gasification combined cycle power plant or diminish the 29 opportunity for savings to customers under the federal Energy 30 Policy Act of 2005, the Supreme Court shall proceed to hear 31 and determine the action as expeditiously as practicable and 73 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 give the action precedence over matters not accorded similar 2 precedence by law. 3 (e) After a petition for determination of need for a 4 nuclear or integrated gasification combined cycle power plant 5 has been granted, the right of a utility to recover any costs 6 incurred prior to commercial operation, including, but not 7 limited to, costs associated with the siting, design, 8 licensing, or construction of the plant, shall not be subject 9 to challenge unless and only to the extent the commission 10 finds, based on a preponderance of the evidence adduced at a 11 hearing before the commission under s. 120.57, that certain 12 costs were imprudently incurred. Proceeding with the 13 construction of the nuclear or integrated gasification 14 combined cycle power plant following an order by the 15 commission approving the need for the nuclear or integrated 16 gasification combined cycle power plant under this act shall 17 not constitute or be evidence of imprudence. Imprudence shall 18 not include any cost increases due to events beyond the 19 utility's control. Further, a utility's right to recover costs 20 associated with a nuclear or integrated gasification combined 21 cycle power plant may not be raised in any other forum or in 22 the review of proceedings in such other forum. Costs incurred 23 prior to commercial operation shall be recovered pursuant to 24 chapter 366. 25 Section 27. For the 2007-2008 fiscal year, the sum of 26 $500,000 is appropriated from the General Revenue Fund to the 27 Florida Alternative Energy Development Corporation Trust Fund 28 for the purpose of funding the activities of the Florida 29 Alternative Energy Development Corporation for the 2007-2008 30 fiscal year. 31 Section 28. For the 2007-2008 fiscal year, the sum of 74 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 $40 million is appropriated from the General Revenue Fund to 2 the Florida Alternative Energy Trust Fund for purposes of 3 funding the Alternative Energy Incentive Program. 4 Section 29. For the 2007-2008 fiscal year, the sum of 5 $15 million is appropriated from the General Revenue Fund to 6 the Florida Alternative Energy Trust Fund for the purpose of 7 funding the Renewable Energy Technologies Grants Program. 8 Section 30. For the 2007-2008 fiscal year, the sum of 9 $2.5 million is appropriated from the General Revenue Fund to 10 the Department of Environmental Protection for the purpose of 11 funding commercial and consumer solar incentives authorized in 12 s. 377.806, Florida Statutes. 13 Section 31. For the 2007-2008 fiscal year, the sum of 14 $65,763 is appropriated from the General Revenue Fund to the 15 Department of Revenue for the purpose of administering the 16 energy-efficient products sales tax holiday. 17 Section 32. Except as otherwise expressly provided in 18 this act, this act shall take effect upon becoming a law. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 Delete everything before the enacting clause 24 25 and insert: 26 A bill to be entitled 27 An act relating to energy; creating s. 28 288.10894, F.S.; creating the Florida 29 Alternative Energy Development Corporation; 30 providing legislative findings; providing 31 definitions; requiring that the corporation 75 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 comply with public-meetings and public-records 2 laws; providing for the organization, purpose, 3 and duties of the corporation; providing for 4 the membership of the board of directors of the 5 corporation; requiring the disclosure of 6 financial interests by board members; requiring 7 an annual report; creating s. 288.10895, F.S.; 8 creating the Alternative Energy Incentive 9 Program for the purpose of encouraging economic 10 development and research; providing 11 definitions; providing for the program to be 12 operated by the Florida Alternative Energy 13 Development Corporation; providing the 14 qualification criteria for a business to 15 receive an award under the program; providing a 16 grant-application process and requirements for 17 such application; providing for an evaluation 18 and award process; requiring that the 19 corporation validate the performance of 20 projects funded under the program; amending s. 21 377.703, F.S.; deleting provisions requiring 22 that the Department of Environmental Protection 23 conduct energy research and development, plan 24 for the development of renewable energy 25 resources, promote the development and use of 26 renewable energy resources, and create a 27 database of all energy programs in the state; 28 repealing s. 377.901, F.S., relating to the 29 creation and operations of the Florida Energy 30 Commission; amending s. 212.08, F.S.; 31 increasing the limitation on a tax exemption 76 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 for materials used in the distribution of 2 biodiesel and ethanol; clarifying the 3 definition of the term "ethanol"; creating an 4 annual tax holiday for energy-efficient 5 products; defining the term "energy-efficient 6 product"; authorizing the Department of Revenue 7 to adopt rules; requiring the Florida 8 Alternative Energy Development Corporation 9 rather than the Department of Environmental 10 Protection to certify eligibility for the sales 11 tax exemption for equipment, technology, and 12 other materials for renewable energy; amending 13 s. 213.053, F.S.; providing for the Department 14 of Revenue to provide information to the 15 Florida Alternative Energy Development 16 Corporation rather than the Department of 17 Environmental Protection for purposes of 18 administering the sales tax exemption and the 19 corporate income tax credit; amending s. 20 220.192, F.S.; requiring the Florida 21 Alternative Energy Development Corporation 22 rather than the Department of Environmental 23 Protection to determine eligibility for the 24 corporate income tax credits for investments in 25 renewable energy technologies; amending s. 26 377.803, F.S.; defining the term "corporation" 27 for purposes of the Florida Renewable Energy 28 Technologies and Energy Efficiency Act; 29 amending s. 377.804, F.S.; providing for the 30 Florida Alternative Energy Development 31 Corporation rather than the Department of 77 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 Environmental Protection to administer the 2 Renewable Energy Technologies Grants Program; 3 amending s. 377.806, F.S.; requiring the 4 Florida Alternative Energy Development 5 Corporation rather than the Department of 6 Environmental Protection to administer the 7 Solar Energy Incentives Program; creating s. 8 366.915, F.S.; creating the Florida Renewable 9 Portfolio Standard Act; providing legislative 10 findings; providing definitions; requiring 11 public utilities to sell a minimum amount of 12 renewable energy; authorizing the Public 13 Service Commission to adopt rules; amending s. 14 366.91, F.S.; redefining the term "renewable 15 energy"; creating s. 366.925, F.S.; providing a 16 short title; directing the Public Service 17 Commission to develop rules requiring all 18 public utilities to develop net-metering 19 programs; providing for a customer to receive 20 credit for electricity generated by renewable 21 energy systems owned by the customer; directing 22 the commission to adopt rules setting the 23 standards that renewable energy systems must 24 meet in order for customers to qualify for the 25 program; requiring every wholesaler of diesel 26 fuel to a marina within the state to offer 27 biodiesel for sale; creating s. 403.0874, F.S.; 28 requiring the Department of Environmental 29 Protection to conduct an inventory of 30 greenhouse gas emissions; amending s. 366.04, 31 F.S.; authorizing the Public Service Commission 78 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 to review and approve sales and transfers of 2 public utility assets, including in a merger; 3 authorizing the commission to adopt rules; 4 creating s. 212.086, F.S.; providing a 5 financial incentive for the purchase of an 6 alternative motor vehicle; providing that any 7 person who purchases an alternative motor 8 vehicle from a sales tax dealer is eligible for 9 a refund of the sales tax paid; requiring that 10 the alternative motor vehicle be certified 11 under the Internal Revenue Code of 1986, as 12 amended, as a new qualified hybrid motor 13 vehicle, new qualified alternative fuel motor 14 vehicle, new qualified fuel cell motor vehicle, 15 or new advanced lean-burn technology motor 16 vehicle; requiring that an application for 17 refund be filed with the Department of Revenue; 18 providing that the total dollar amount of 19 refunds is limited to the total amount of 20 appropriations in any fiscal year; authorizing 21 a request for a refund to be held for payment 22 in the following fiscal year under certain 23 circumstances; requiring the department to 24 adopt rules; providing for future repeal of the 25 program; amending s. 255.252, F.S.; requiring 26 an inventory of state-owned buildings and an 27 energy efficiency project schedule for 28 guaranteed energy-performance savings contract 29 improvements; amending s. 287.063, F.S.; 30 requiring that the term of payment for 31 consolidated equipment finance contracts may 79 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 not extend beyond the anticipated useful life 2 of the equipment financed; deleting the 3 requirement that the Chief Financial Officer 4 establish criteria that prohibits a state 5 agency from obligating an annualized amount of 6 payments for certain deferred payment 7 purchases; amending s. 287.064, F.S.; extending 8 the period of time allowed for repayment of 9 funds under the guaranteed energy-performance 10 savings contract; amending s. 489.145, F.S.; 11 clarifying certain definitions; providing 12 additional requirements for a state agency to 13 enter into a guaranteed energy-performance 14 savings contract; providing for financing of 15 contracts related to guaranteed 16 energy-performance savings; requiring the 17 Department of Financial Services to review 18 proposals to ensure that the most effective 19 financing is used; requiring the Office of the 20 Chief Financial Officer to develop model 21 contractual and related documents; requiring 22 that contracts or leases submitted by a state 23 agency to the Office of Chief Financial Officer 24 meet certain criteria; amending s. 366.93, 25 F.S.; revising definitions related to certain 26 power plants to include integrated gasification 27 combined cycle power plants; requiring the 28 Public Service Commission to implement rules 29 related to integrated gasification combined 30 cycle power plant cost recovery; requiring a 31 report; amending s. 403.519, F.S.; providing 80 11:15 AM 04/11/07 s0996c1d-ep13-t01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. CS for SB 996 Barcode 150638 1 requirements and procedures for determination 2 of need for integrated gasification combined 3 cycle power plants; providing an exemption from 4 purchased power supply bid rules under certain 5 circumstances; providing appropriations; 6 providing effective dates. 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 81 11:15 AM 04/11/07 s0996c1d-ep13-t01