Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 996 and CS for  SB 2666
                        Barcode 714216
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 2/AD/2R          .                    
       05/02/2007 03:21 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, between lines 9 & 10,
15  
16  insert:  
17         Section 2.  Section 196.175, Florida Statutes, is
18  amended to read:
19         196.175  Renewable energy source exemption.--
20         (1)  Improved real property upon which a renewable
21  energy source device is installed and operated shall be
22  entitled to an exemption in the amount of not greater than the
23  lesser of:
24         (a)  The assessed value of such real property less any
25  other exemptions applicable under this chapter;
26         (b)  the original cost of the device, including the
27  installation cost thereof, but excluding the cost of replacing
28  previously existing property removed or improved in the course
29  of such installation; or
30         (c)  Eight percent of the assessed value of such
31  property immediately following installation.
                                  1
    6:01 PM   05/01/07                              s0996.21cu.0ii

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 (2) The exempt amount authorized under subsection (1) 2 shall apply in full if the device was installed and operative 3 throughout the 12-month period preceding January 1 of the year 4 of application for this exemption. If the device was operative 5 for a portion of that period, the exempt amount authorized 6 under this section shall be reduced proportionally. 7 (3) It shall be the responsibility of the applicant 8 for an exemption pursuant to this section to demonstrate 9 affirmatively to the satisfaction of the property appraiser 10 that he or she meets the requirements for exemption under this 11 section and that the original cost pursuant to paragraph 12 (1)(b) and the period for which the device was operative, as 13 indicated on the exemption application, are correct. 14 (4) No exemption authorized pursuant to this section 15 shall be granted for a period of more than 10 years. No 16 exemption shall be granted with respect to renewable energy 17 source devices installed before July 1, 2007 January 1, 1980, 18 or after December 31, 1990. 19 Section 3. Paragraph (ccc) of subsection (7) of 20 section 212.08, Florida Statutes, is amended to read: 21 212.08 Sales, rental, use, consumption, distribution, 22 and storage tax; specified exemptions.--The sale at retail, 23 the rental, the use, the consumption, the distribution, and 24 the storage to be used or consumed in this state of the 25 following are hereby specifically exempt from the tax imposed 26 by this chapter. 27 (7) MISCELLANEOUS EXEMPTIONS.--Exemptions provided to 28 any entity by this chapter do not inure to any transaction 29 that is otherwise taxable under this chapter when payment is 30 made by a representative or employee of the entity by any 31 means, including, but not limited to, cash, check, or credit 2 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 card, even when that representative or employee is 2 subsequently reimbursed by the entity. In addition, exemptions 3 provided to any entity by this subsection do not inure to any 4 transaction that is otherwise taxable under this chapter 5 unless the entity has obtained a sales tax exemption 6 certificate from the department or the entity obtains or 7 provides other documentation as required by the department. 8 Eligible purchases or leases made with such a certificate must 9 be in strict compliance with this subsection and departmental 10 rules, and any person who makes an exempt purchase with a 11 certificate that is not in strict compliance with this 12 subsection and the rules is liable for and shall pay the tax. 13 The department may adopt rules to administer this subsection. 14 (ccc) Equipment, machinery, and other materials for 15 renewable energy technologies.-- 16 1. As used in this paragraph, the term: 17 a. "Biodiesel" means the mono-alkyl esters of 18 long-chain fatty acids derived from plant or animal matter for 19 use as a source of energy and meeting the specifications for 20 biodiesel and biodiesel blends with petroleum products as 21 adopted by the Department of Agriculture and Consumer 22 Services. Biodiesel may refer to biodiesel blends designated 23 BXX, where XX represents the volume percentage of biodiesel 24 fuel in the blend. 25 b. "Ethanol" means an nominally anhydrous denatured 26 alcohol produced by the conversion of carbohydrates 27 fermentation of plant sugars meeting the specifications for 28 fuel ethanol and fuel ethanol blends with petroleum products 29 as adopted by the Department of Agriculture and Consumer 30 Services. Ethanol may refer to fuel ethanol blends designated 31 EXX, where XX represents the volume percentage of fuel ethanol 3 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 in the blend. 2 c. "Hydrogen fuel cells" means equipment using 3 hydrogen or a hydrogen-rich fuel in an electrochemical process 4 to generate energy, electricity, or the transfer of heat. 5 2. The sale or use of the following in the state is 6 exempt from the tax imposed by this chapter: 7 a. Hydrogen-powered vehicles, materials incorporated 8 into hydrogen-powered vehicles, and hydrogen-fueling stations, 9 up to a limit of $2 million in tax each state fiscal year for 10 all taxpayers. 11 b. Commercial stationary hydrogen fuel cells, up to a 12 limit of $1 million in tax each state fiscal year for all 13 taxpayers. 14 c. Materials used in the distribution of biodiesel 15 (B10-B100) and ethanol (E10-100), including fueling 16 infrastructure, transportation, and storage, up to a limit of 17 $1 million in tax each state fiscal year for all taxpayers. 18 Gasoline fueling station pump retrofits for ethanol (E10-E100) 19 distribution qualify for the exemption provided in this 20 sub-subparagraph. 21 3. The Department of Environmental Protection shall 22 provide to the department a list of items eligible for the 23 exemption provided in this paragraph. 24 4.a. The exemption provided in this paragraph shall be 25 available to a purchaser only through a refund of previously 26 paid taxes. Only one purchase of an eligible item is subject 27 to refund. A purchaser who has received a refund on an 28 eligible item must notify any subsequent purchaser of the item 29 that the item is no longer eligible for a refund of tax paid. 30 This notification must be provided to the purchaser on the 31 sales invoice or other proof of purchase. 4 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 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 5 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 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 Section 4. Subsection (1) of section 220.192, Florida 20 Statutes, is amended, subsection (6) is renumbered as 21 subsection (7) and amended, subsection (7) is renumbered as 22 subsection (8), and a new subsection (6) is added to that 23 section, to read: 24 220.192 Renewable energy technologies investment tax 25 credit.-- 26 (1) DEFINITIONS.--For purposes of this section, the 27 term: 28 (a) "Biodiesel" means biodiesel as defined in s. 29 212.08(7)(ccc). 30 (b) "Corporation" means a general partnership, limited 31 partnership, limited liability company, unincorporated 6 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 business, or other business entity in which a taxpayer owns an 2 interest and which is taxed as a partnership or is disregarded 3 as a separate entity from the taxpayer for tax purposes. 4 (c)(b) "Eligible costs" means: 5 1. Seventy-five percent of all capital costs, 6 operation and maintenance costs, and research and development 7 costs incurred between July 1, 2006, and June 30, 2010, up to 8 a limit of $3 million per state fiscal year for all taxpayers, 9 in connection with an investment in hydrogen-powered vehicles 10 and hydrogen vehicle fueling stations in the state, including, 11 but not limited to, the costs of constructing, installing, and 12 equipping such technologies in the state. 13 2. Seventy-five percent of all capital costs, 14 operation and maintenance costs, and research and development 15 costs incurred between July 1, 2006, and June 30, 2010, up to 16 a limit of $1.5 million per state fiscal year for all 17 taxpayers, and limited to a maximum of $12,000 per fuel cell, 18 in connection with an investment in commercial stationary 19 hydrogen fuel cells in the state, including, but not limited 20 to, the costs of constructing, installing, and equipping such 21 technologies in the state. 22 3. Seventy-five percent of all capital costs, 23 operation and maintenance costs, and research and development 24 costs incurred between July 1, 2006, and June 30, 2010, up to 25 a limit of $6.5 million per state fiscal year for all 26 taxpayers, in connection with an investment in the production, 27 storage, and distribution of biodiesel (B10-B100) and ethanol 28 (E10-E100) in the state, including the costs of constructing, 29 installing, and equipping such technologies in the state. 30 Gasoline fueling station pump retrofits for ethanol (E10-E100) 31 distribution qualify as an eligible cost under this 7 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 subparagraph. 2 (d)(c) "Ethanol" means ethanol as defined in s. 3 212.08(7)(ccc). 4 (e)(d) "Hydrogen fuel cell" means hydrogen fuel cell 5 as defined in s. 212.08(7)(ccc). 6 (6) TRANSFERABILITY OF CREDIT.-- 7 (a) Any corporation and any subsequent transferee 8 allowed the tax credit may transfer the tax credit, in whole 9 or in part, to any taxpayer by written agreement, without the 10 requirement of transferring any ownership interest in the 11 property generating the tax credit or any interest in the 12 entity which owns the property. Transferees are entitled to 13 apply the credits against the tax with the same effect as if 14 the transferee had incurred the eligible costs. 15 (b) To perfect the transfer, the transferor shall 16 provide a written transfer statement providing notice to the 17 Department of Revenue of the assignor's intent to transfer the 18 tax credits to the assignee, the date the transfer is 19 effective, the assignee's name, address, federal taxpayer 20 identification number and tax period, and the amount of tax 21 credits to be transferred. The Department of Revenue shall 22 issue, upon receipt of a transfer statement conforming to the 23 requirements of this section, a certificate to the assignee 24 reflecting the tax credit amounts transferred, a copy of which 25 shall be attached to each tax return by an assignee in which 26 such tax credits are used. 27 (c) Tax credits derived by such entities treated as 28 corporations pursuant to this section that are not transferred 29 by such entities to other taxpayers pursuant to this 30 subsection shall be passed through to the taxpayers designated 31 as partners, members, or owners, respectively, in any manner 8 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 agreed to by such persons, whether or not such persons are 2 allocated or allowed any portion of the federal energy tax 3 credit with respect to the eligible costs. 4 (7)(6) RULES.--The Department of Revenue shall have 5 the authority to adopt rules relating to: 6 (a) The forms required to claim a tax credit under 7 this section, the requirements and basis for establishing an 8 entitlement to a credit, and the examination and audit 9 procedures required to administer this section. 10 (b) The implementation and administration of the 11 provisions allowing a transfer of tax credits, including rules 12 prescribing forms, reporting requirements, and the specific 13 procedures, guidelines, and requirements necessary for a tax 14 credit to be transferred. 15 (c) The implementation and administration of the 16 provisions allowing a pass through of tax credits, including 17 rules prescribing forms, reporting requirements, and the 18 specific procedures, guidelines, and requirements necessary 19 for a tax credit to be passed through to an owner, member, or 20 partner. 21 (8)(7) PUBLICATION.--The Department of Environmental 22 Protection shall determine and publish on a regular basis the 23 amount of available tax credits remaining in each fiscal year. 24 Section 5. Paragraph (f) is added to subsection (2) 25 and paragraph (j) is added to subsection (3) of section 26 220.193, Florida Statutes, to read: 27 220.193 Florida renewable energy production credit.-- 28 (2) As used in this section, the term: 29 (f) "Sale" or "sold" includes the use of the 30 electricity by the producer of the electricity when such use 31 decreases the amount of electricity that would otherwise be 9 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 purchased by the producer thereof. 2 (3) An annual credit against the tax imposed by this 3 section shall be allowed to a taxpayer, based on the 4 taxpayer's production and sale of electricity from a new or 5 expanded Florida renewable energy facility. For a new 6 facility, the credit shall be based on the taxpayer's sale of 7 the facility's entire electrical production. For an expanded 8 facility, the credit shall be based on the increases in the 9 facility's electrical production that are achieved after May 10 1, 2006. 11 (j) A taxpayer's use of the credit granted pursuant to 12 this section shall not reduce the amount of any credit 13 authorized by s. 220.186 that would otherwise be available to 14 that taxpayer. 15 Section 6. Section 255.251, Florida Statutes, is 16 amended to read: 17 255.251 Energy Conservation and Sustainable in 18 Buildings Act; short title.--This act shall be cited as the 19 "Florida Energy Conservation and Sustainable in Buildings Act 20 of 1974." 21 Section 7. Section 255.252, Florida Statutes, is 22 amended to read: 23 255.252 Findings and intent.-- 24 (1) Operating and maintenance expenditures associated 25 with energy equipment and with energy consumed in 26 state-financed and leased buildings represent a significant 27 cost over the life of a building. Energy conserved by 28 appropriate building design not only reduces the demand for 29 energy but also reduces costs for building operation. For 30 example, commercial buildings are estimated to use from 20 to 31 80 percent more energy than would be required if 10 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 energy-conserving designs were used. The size, design, 2 orientation, and operability of windows, the ratio of 3 ventilating air to air heated or cooled, the level of lighting 4 consonant with space-use requirements, the handling of 5 occupancy loads, and the ability to zone off areas not 6 requiring equivalent levels of heating or cooling are but a 7 few of the considerations necessary to conserving energy. 8 (2) Significant efforts are needed to build 9 energy-efficient state-owned buildings that meet environmental 10 standards underway by the General Services Administration, the 11 National Institute of Standards and Technology, and others to 12 detail the considerations and practices for energy 13 conservation in buildings. Most important is that 14 energy-efficient designs provide energy savings over the life 15 of the building structure. Conversely, energy-inefficient 16 designs cause excess and wasteful energy use and high costs 17 over that life. With buildings lasting many decades and with 18 energy costs escalating rapidly, it is essential that the 19 costs of operation and maintenance for energy-using equipment 20 and sustainable materials be included in all design proposals 21 for state-owned state buildings. 22 (3) In order that such energy-efficiency and 23 sustainable materials considerations become a function of 24 building design, and also a model for future application in 25 the private sector, it shall be the policy of the state that 26 buildings constructed and financed by the state be designed 27 and constructed to meet the United States Green Building 28 Council (USGBC) Leadership in Energy and Environmental Design 29 (LEED) rating system, Green Building Initiative's Green Globes 30 rating system, or a nationally recognized, high-performance 31 green building rating system as approved by the department in 11 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 a manner which will minimize the consumption of energy used in 2 the operation and maintenance of such buildings. It is further 3 the policy of the state, when economically feasible, to 4 retrofit existing state-owned buildings in a manner that which 5 will minimize the consumption of energy used in the operation 6 and maintenance of such buildings. 7 (4) In addition to designing and constructing new 8 buildings to be energy efficient energy-efficient , it shall 9 be the policy of the state to operate, maintain, and renovate 10 existing state-owned state facilities, or provide for their 11 renovation, in a manner that which will minimize energy 12 consumption and maximize their sustainability as well as 13 ensure that facilities leased by the state are operated so as 14 to minimize energy use. Agencies are encouraged to consider 15 shared savings financing of such energy projects, using 16 contracts that which split the resulting savings for a 17 specified period of time between the agency and the private 18 firm or cogeneration contracts which otherwise permit the 19 state to lower its energy costs. Such energy contracts may be 20 funded from the operating budget. 21 (5) Each state agency must identify and compile a list 22 of all state-owned buildings within its inventory that it 23 determines are suitable for a guaranteed energy performance 24 savings contract pursuant to s. 489.145. Such list shall be 25 submitted to the Department of Management Services by December 26 31, 2007, and shall include any criteria used to determine 27 suitability. The list of suitable buildings shall be developed 28 from the list of state-owned facilities over 5,000 square feet 29 in area and for which the agency is responsible for paying the 30 expenses of utilities and other operating expenses as they 31 relate to energy use. In consultation with each department 12 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 secretary or director, by March 1, 2008, the Department of 2 Management Services shall evaluate each agency's facilities 3 suitable for energy conservation projects and shall develop an 4 energy efficiency project schedule based on factors such as 5 project magnitude, efficiency and effectiveness of energy 6 conservation measures to be implemented, and other factors 7 that may prove to be advantageous to pursue. Such schedule 8 shall provide the deadline for guaranteed energy performance 9 savings contract improvements to be made to the state-owned 10 buildings. 11 Section 8. Subsections (6) and (7) are added to 12 section 255.253, Florida Statutes, to read: 13 255.253 Definitions; ss. 255.251-255.258.-- 14 (6) "Sustainable building" means a building that is 15 healthy and comfortable for its occupants and is economical to 16 operate while conserving resources, including energy, water, 17 raw materials, and land, and minimizing the generation of 18 toxic materials and waste in its design, construction, 19 landscaping, and operation. 20 (7) "Sustainable building rating" means a rating 21 established by the United States Green Building Council 22 (USGBC) Leadership in Energy and Environmental Design (LEED) 23 rating system, Green Building Initiative's Green Globes rating 24 system, or a nationally recognized, high-performance green 25 building rating system as approved by the department. 26 Section 9. Section 255.254, Florida Statutes, is 27 amended to read: 28 255.254 No facility constructed or leased without 29 life-cycle costs.-- 30 (1) No state agency shall lease, construct, or have 31 constructed, within limits prescribed herein, a facility 13 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 without having secured from the department an a proper 2 evaluation of life-cycle costs based on sustainable building 3 ratings, as computed by an architect or engineer. Furthermore, 4 construction shall proceed only upon disclosing, for the 5 facility chosen, the life-cycle costs as determined in s. 6 255.255, its sustainable building rating goal, and the 7 capitalization of the initial construction costs of the 8 building. The life-cycle costs shall be a primary 9 consideration in the selection of a building design in 10 addition to its sustainable building rating goal. Such 11 analysis shall be required only for construction of buildings 12 with an area of 5,000 square feet or greater. For leased 13 buildings 5,000 square feet or greater areas of 20,000 square 14 feet or greater within a given building boundary, an energy 15 performance analysis a life-cycle analysis shall be performed, 16 and a lease shall only be made where there is a showing that 17 the energy life-cycle costs incurred by the state are minimal 18 compared to available like facilities. 19 (2) On and after January 1, 1979, no state agency 20 shall initiate construction or have construction initiated, 21 prior to approval thereof by the department, on a facility or 22 self-contained unit of any facility, the design and 23 construction of which incorporates or contemplates the use of 24 an energy system other than a solar energy system when the 25 life-cycle costs analysis prepared by the department has 26 determined that a solar energy system is the most 27 cost-efficient energy system for the facility or unit. 28 (3) After September 30, 1985, when any state agency 29 must replace or supplement major items of energy-consuming 30 equipment in existing state-owned or leased facilities or any 31 self-contained unit of any facility with other major items of 14 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 energy-consuming equipment, the selection of such items shall 2 be made on the basis of a life-cycle cost analysis of 3 alternatives in accordance with rules promulgated by the 4 department under s. 255.255. 5 Section 10. Subsection (1) of section 255.255, Florida 6 Statutes, is amended to read: 7 255.255 Life-cycle costs.-- 8 (1) The department shall promulgate rules and 9 procedures, including energy conservation performance 10 guidelines based on sustainable building ratings, for 11 conducting a life-cycle cost analysis of alternative 12 architectural and engineering designs and alternative major 13 items of energy-consuming equipment to be retrofitted in 14 existing state-owned or leased facilities and for developing 15 energy performance indices to evaluate the efficiency of 16 energy utilization for competing designs in the construction 17 of state-financed and leased facilities. 18 Section 11. Paragraph (b) of subsection (2) and 19 subsection (5) of section 287.063, Florida Statutes, are 20 amended to read: 21 287.063 Deferred-payment commodity contracts; preaudit 22 review.-- 23 (b) The Chief Financial Officer shall establish, by 24 rule, criteria for approving purchases made under 25 deferred-payment contracts which require the payment of 26 interest. Criteria shall include, but not be limited to, the 27 following provisions: 28 1. No contract shall be approved in which interest 29 exceeds the statutory ceiling contained in this section. 30 However, the interest component of any master equipment 31 financing agreement entered into for the purpose of 15 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 consolidated financing of a deferred-payment, installment 2 sale, or lease-purchase shall be deemed to comply with the 3 interest rate limitation of this section so long as the 4 interest component of every interagency agreement under such 5 master equipment financing agreement complies with the 6 interest rate limitation of this section. 7 2. No deferred-payment purchase for less than $30,000 8 shall be approved, unless it can be satisfactorily 9 demonstrated and documented to the Chief Financial Officer 10 that failure to make such deferred-payment purchase would 11 adversely affect an agency in the performance of its duties. 12 However, the Chief Financial Officer may approve any 13 deferred-payment purchase if the Chief Financial Officer 14 determines that such purchase is economically beneficial to 15 the state. 16 3. No agency shall obligate an annualized amount of 17 payments for deferred-payment purchases in excess of current 18 operating capital outlay appropriations, unless specifically 19 authorized by law or unless it can be satisfactorily 20 demonstrated and documented to the Chief Financial Officer 21 that failure to make such deferred-payment purchase would 22 adversely affect an agency in the performance of its duties. 23 3.4. No contract shall be approved which extends 24 payment beyond 5 years, 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 The payment term may not exceed the useful life of the 29 equipment unless the contract provides for the replacement or 30 the extension of the useful life of the equipment during the 31 term of the loan. 16 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 (5) For purposes of this section, the annualized 2 amount of any such deferred payment commodity contract must be 3 supported from available recurring funds appropriated to the 4 agency in an appropriation category, other than the expense 5 appropriation category as defined in chapter 216, that the 6 Chief Financial Officer has determined is appropriate or that 7 the Legislature has designated for payment of the obligation 8 incurred under this section. 9 Section 12. Subsections (10) and (11) of section 10 287.064, Florida Statutes, are amended to read: 11 287.064 Consolidated financing of deferred-payment 12 purchases.-- 13 (10) Costs incurred pursuant to a guaranteed energy 14 performance savings contract, including the cost of energy 15 conservation measures, each as defined in s. 489.145, may be 16 financed pursuant to a master equipment financing agreement; 17 however, the costs of training, operation, and maintenance may 18 not be financed. The period of time for repayment of the funds 19 drawn pursuant to the master equipment financing agreement 20 under this subsection may exceed 5 years but may not exceed 20 21 10 years for energy conservation measures pursuant to s. 22 489.145, excluding the costs of training, operation, and 23 maintenance. The guaranteed energy performance savings 24 contractor shall provide for the replacement or the extension 25 of the useful life of the equipment during the term of the 26 contract. 27 (11) For purposes of consolidated financing of 28 deferred payment commodity contracts under this section by a 29 state agency, the annualized amount of any such contract must 30 be supported from available recurring funds appropriated to 31 the agency in an appropriation category, other than the 17 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 expense appropriation category as defined in chapter 216, that 2 the Chief Financial Officer has determined is appropriate or 3 that the Legislature has designated for payment of the 4 obligation incurred under this section. 5 Section 13. Subsection (2) of section 377.803, Florida 6 Statutes, is amended, and subsections (3) through (10) of that 7 section are renumbered as subsections (2) through (9), 8 respectively, to read: 9 377.803 Definitions.--As used in ss. 377.801-377.806, 10 the term: 11 (2) "Approved metering equipment" means a device 12 capable of measuring the energy output of a solar thermal 13 system that has been approved by the commission. 14 Section 14. Subsection (6) of section 377.804, Florida 15 Statutes, is amended to read: 16 377.804 Renewable Energy Technologies Grants 17 Program.-- 18 (6) The department shall coordinate and actively 19 consult with the Department of Agriculture and Consumer 20 Services during the review and approval process of grants 21 relating to bioenergy projects for renewable energy 22 technology, and the departments shall jointly determine the 23 grant awards to these bioenergy projects. No grant funding 24 shall be awarded to any bioenergy project without such joint 25 approval. Factors for consideration in awarding grants may 26 include, but are not limited to, the degree to which: 27 (a) The project stimulates in-state capital investment 28 and economic development in metropolitan and rural areas, 29 including the creation of jobs and the future development of a 30 commercial market for bioenergy. 31 (b) The project produces bioenergy from Florida-grown 18 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 crops or biomass. 2 (c) The project demonstrates efficient use of energy 3 and material resources. 4 (d) The project fosters overall understanding and 5 appreciation of bioenergy technologies. 6 (e) Matching funds and in-kind contributions from an 7 applicant are available. 8 (f) The project duration and the timeline for 9 expenditures are acceptable. 10 (g) The project has a reasonable assurance of 11 enhancing the value of agricultural products or will expand 12 agribusiness in the state. 13 (h) Preliminary market and feasibility research has 14 been conducted by the applicant or others and shows there is a 15 reasonable assurance of a potential market. 16 Section 15. Subsections (2) and (3) of section 17 377.806, Florida Statutes, are amended, present subsection (6) 18 is renumbered as subsection (7), present subsection (7) is 19 renumbered as subsection (8) and amended, and a new subsection 20 (6) is added to that section, to read: 21 377.806 Solar Energy System Incentives Program.-- 22 (2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.-- 23 (a) Eligibility requirements.--A solar photovoltaic 24 system qualifies for a rebate if: 25 1. The system is installed by a state-licensed master 26 electrician, electrical contractor, or solar contractor. 27 2. The system complies with state interconnection 28 standards as provided by the commission. 29 3. The system complies with all applicable building 30 codes as defined by the local jurisdictional authority. 31 (b) Rebate amounts.--The rebate amount shall be set at 19 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 $4 per watt based on the total wattage rating of the system. 2 The maximum allowable rebate per solar photovoltaic system 3 installation shall be as follows: 4 1. Twenty thousand dollars for a residence. 5 2. One hundred thousand dollars for a place of 6 business, a publicly owned or operated facility, or a facility 7 owned or operated by a private, not-for-profit organization, 8 including condominiums or apartment buildings. 9 (c) Application.--To be eligible to receive a rebate, 10 applicants must file with the department a preapplication form 11 demonstrating that the planned system will meet applicable 12 requirements of this section. The department shall review the 13 preapplication to determine if it complies with the 14 requirements of this section, shall notify the applicant 15 within 30 days after receipt of the preapplication that the 16 preapplication has been received and meets such requirements, 17 and shall reserve funding for the preapplication for up to 90 18 days following the date of issuance of notification to the 19 applicant. Within 90 days after the purchase of the solar 20 photovoltaic system, the applicant must submit to the 21 department a separate application for a rebate payment. 22 (3) SOLAR THERMAL SYSTEM INCENTIVE.-- 23 (a) Eligibility requirements.--A solar thermal system 24 qualifies for a rebate if: 25 1. The system is installed by a state-licensed solar 26 or plumbing contractor. 27 2. The system complies with all applicable building 28 codes as defined by the local jurisdictional authority. 29 (b) Rebate amounts.--Authorized rebates for 30 installation of solar thermal systems shall be as follows: 31 1. Five hundred dollars for a residence. 20 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 2. Fifteen dollars per 1,000 Btu up to a maximum of 2 $5,000 for a place of business, a publicly owned or operated 3 facility, or a facility owned or operated by a private, 4 not-for-profit organization, including condominiums or 5 apartment buildings. Btu must be verified by approved metering 6 equipment. 7 (6) LIMITATION.--Rebates are limited to one type of 8 system per resident per state fiscal year. 9 (8)(7) RULES.--The department shall adopt rules 10 pursuant to ss. 120.536(1) and 120.54 to develop rebate 11 applications for rebate reservations and rebate payments and 12 administer the issuance of rebates. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 1, line 12, after the semicolon, 18 19 insert: 20 amending s. 196.175, F.S.; revising provisions 21 for the renewable energy source exemption; 22 excluding the assessed value of certain real 23 property for determination of such exemption; 24 amending s. 212.08, F.S.; revising the 25 definition of "ethanol"; increasing the cap on 26 the sales tax exemption for materials used in 27 the distribution of biodiesel and ethanol 28 fuels; specifying eligible items as limited to 29 one refund; requiring a purchaser who receives 30 a refund to notify a subsequent purchaser of 31 such refund; amending s. 220.192, F.S., 21 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 relating to the renewable energy technologies 2 investment tax credit; providing a definition; 3 providing for the transferability of such tax 4 credit; providing requirements and procedures 5 therefor; providing rulemaking requirements and 6 authority; amending s. 220.193, F.S.; providing 7 a definition; providing that a taxpayer's use 8 of certain credits does not prohibit the use of 9 other authorized credits; amending s. 255.251, 10 F.S.; revising a short title; amending s. 11 255.252, F.S.; revising criteria for energy 12 conservation and sustainability for state-owned 13 buildings; requiring buildings constructed and 14 financed by the state to meet certain 15 environmental standards subject to approval by 16 the Department of Management Services; 17 requiring state agencies to identify 18 state-owned buildings that are suitable for 19 guaranteed energy performance savings 20 contracts; providing requirements and 21 procedures therefor; requiring the Department 22 of Management Services to evaluate identified 23 facilities and develop an energy efficiency 24 project schedule; providing criteria for such 25 schedule; amending s. 255.253, F.S.; providing 26 definitions; amending s. 255.254, F.S.; 27 requiring certain state-owned buildings to meet 28 sustainable building ratings; amending s. 29 255.255, F.S.; requiring the department to 30 adopt rules and procedures for energy 31 conservation performance guidelines based on 22 6:01 PM 05/01/07 s0996.21cu.0ii
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 996 and CS for SB 2666 Barcode 714216 1 sustainable building ratings; amending s. 2 287.063, F.S.; requiring that the term of 3 payment for consolidated equipment finance 4 contracts may not extend beyond the anticipated 5 useful life of the equipment financed; deleting 6 the requirement that the Chief Financial 7 Officer establish criteria that prohibits a 8 state agency from obligating an annualized 9 amount of payments for certain deferred payment 10 purchases; amending s. 287.064, F.S.; extending 11 the period of time allowed for the repayment of 12 funds for certain purchases relating to energy 13 conservation measures; requiring guaranteed 14 energy performance savings contractors to 15 provide for the replacement or the extension of 16 the useful life of the equipment during the 17 term of a contract; amending s. 377.803, F.S.; 18 revising definitions; amending s. 377.804, 19 F.S.; deleting provisions relating to bioenergy 20 projects under the Renewable Energy 21 Technologies Grants Program; amending s. 22 377.806, F.S.; revising rebate eligibility and 23 application requirements for solar photovoltaic 24 systems; requiring applicants to apply for 25 rebate reservations and rebate payments; 26 providing a limitation; revising rulemaking 27 authority; 28 29 30 31 23 6:01 PM 05/01/07 s0996.21cu.0ii