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Senator Saunders moved the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 3174-3253

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and insert:

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     Section 48.  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 against future electricity and

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natural gas shortages, reduce the state's dependence on foreign

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sources of energy, and improve environmental conditions. The

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Legislature further finds that the deployment of qualified solar

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energy systems advances Florida's goals of promoting energy

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efficiency and the development of renewable energy resources.

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Therefore, the Legislature finds that it is in the public

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interest to encourage public utilities to develop and implement

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programs that promote the deployment and use of qualified solar

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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 under a

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program administered and facilitated by a public utility. In

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order for a system to be deemed as qualified under this section,

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the public utility must incur all costs of the purchase and

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installation of the system, whether directly or indirectly

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through a customer rebate.     

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

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defined in s. 366.02(1).     

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

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public utility and approved by the commission pursuant to

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subsection (5) under which the utility facilitates the

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installation of solar thermal water heating systems at a utility

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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

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implementing 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; and     

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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 50 percent of any such program

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fuel cost savings for five years from the installation date. The

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remaining 50 percent of fuel saving shall be returned to the

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utility's customers through 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-300 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 after receiving a petition to approve a

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qualified solar energy system program, the commission shall

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approve the petition or inform the utility of any deficiencies

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therein. If the commission informs the utility of deficiencies,

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the utility may correct those deficiencies and refile its

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petition to approve the qualified solar energy system 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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     (8) This section shall sunset on June 30, 2011 unless

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reenacted by the Legislature. Utilities may not enroll new

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customers in the qualified solar energy program after June 30,

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2011 unless this section is reenacted.

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(renumber subsequent sections)

4/16/2008  4:50:00 PM     EP.37.07773