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The Committee on Environmental Preservation and Conservation

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(Saunders) recommended the following amendment to amendment

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(223658):

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1264-1274

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and insert:

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     Section 20.  Section 377.921, Florida Statutes, is created

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to read:

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     377.921 Qualified solar energy system program.--The

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Legislature finds that qualified solar energy systems provide

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fuel savings and can help protect future electricity and natural

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gas shortages, reduce our dependence on foreign sources of

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energy, and improve environmental conditions. The Legislature

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further finds that the deployment of qualified solar energy

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systems advances Florida's goals of promoting energy efficiency

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and the development of renewable energy resources. Therefore, the

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Legislature finds that it is in the public interest to encourage

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public utilities to develop and implement programs that promote

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the deployment and use of qualified solar energy systems.

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     (2) As used in this section:

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     (a) "Qualified solar energy system" means a solar thermal

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water heating system installed at a customer's premises.

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     (b) "Public utility" or "utility" means a utility as defined

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in s. 366.02(1).

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     (c) "Eligible program" means a program developed by a public

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utility and approved by the commission pursuant to subsection (5)

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under which the utility facilitates the installation of solar

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thermal water heating systems at a utility customer's premises.

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     (d) "Program fuel cost savings" means the total fuel cost

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savings that a utility is projected to achieve from all solar

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thermal water heating systems installed at a customer's premises

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over the life of the qualified solar energy system.

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     (e) "Program costs" means all costs incurred in implementing

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an eligible program, including, but not limited to:

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     1. In service capital investments, including the utility's

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last authorized rate of return thereon;

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     2. Operating and maintenance expense, including but not

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limited, to labor, overhead, materials, advertising, marketing,

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customer incentives or rebates.

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     (3) Notwithstanding any provision in chapter 366 or rule to

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the contrary, a public utility shall be allowed to recover

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through the energy conservation cost recovery clause, either as

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period expenses or by capitalizing and amortizing, all prudent

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and reasonable program costs incurred in implementing an eligible

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program. With respect to any solar hot water heating system, the

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amortization period shall be 5 years.

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     (4) Notwithstanding any provision in chapter 366 or rule to

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the contrary, and in addition to recovery under subsection (3), a

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utility shall be allowed to recover through the fuel cost

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recovery clause beginning in the year each solar thermal water

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heating system begins operation ten percent of any such program

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fuel cost savings until the utility undergoes its next rate

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proceeding before the commission. The remaining 90 percent of

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fuel saving shall be returned to the utility's customers through

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the fuel cost recovery clause.

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     (5) Notwithstanding any provision in chapter 366 or rule to

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the contrary, the commission shall enter an order approving a

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public utility's qualified solar energy system program if the

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utility demonstrates in a petition that:

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     (a) The qualified solar energy systems to be installed as

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part of the program at minimum meet applicable Solar Rating and

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Certification Corporation OG-30 certification requirements.

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     (b) The qualified solar energy systems are constructed and

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installed in conformity with the manufacturer's specifications

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and all applicable codes and standards.

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     (6) Within 60 days of receiving a petition to approve a

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qualified solar energy system program, the commission shall

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either approve the petition or inform the utility of any

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deficiencies therein. If the commission informs the utility of

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deficiencies, the utility may correct those deficiencies and

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refile its petition to approve the qualified solar energy system

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program.

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     (7) In order to encourage public utilities to promote the

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deployment and use of qualified solar energy systems, the public

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utility shall own the renewable attributes or benefits associated

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with the energy output of a qualified solar energy system

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installed pursuant to an eligible program, including any

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renewable energy credit or other instrument issued as a result of

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the utility's eligible program.

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(renumber subsequent sections)

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 2288-2292

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and insert:

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taken to meet those goals; creating s. 377.921, F.S.;

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relating to qualified solar energy systems; providing

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definitions; allowing a public utility to recover certain

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costs;

3/19/2008  8:29:00 AM     EP.EP.05330