Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. CS for SB 996
Barcode 150638
CHAMBER ACTION
Senate House
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11 The Committee on Environmental Preservation and Conservation
12 (Jones) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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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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
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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.
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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,
19
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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
21
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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
22
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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.
23
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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
24
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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.
25
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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
30
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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
31
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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
32
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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
33
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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,
34
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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
35
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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
36
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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.
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