Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. CS for SB 996
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                            CHAMBER ACTION
              Senate                               House
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       04/12/2007 06:38 PM         .                    
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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
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    Florida Senate - 2007                      COMMITTEE AMENDMENT
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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.
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 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.
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 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
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 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
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 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
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 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,
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 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
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 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
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 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
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 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.
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 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
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 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.
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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,
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 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
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 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
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 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
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 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
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 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.
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 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
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 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.
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 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
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 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.
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 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
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 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.--
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 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:
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 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
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 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
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 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.--
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 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
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 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
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 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
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 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
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 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.--
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 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.
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 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:
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 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
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 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
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 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.
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 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
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 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
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 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"
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 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
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 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.
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 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.
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 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,
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 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
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 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.
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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
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 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  
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