Florida Senate - 2008 SB 2530

By Senator Aronberg

27-03210A-08 20082530__

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A bill to be entitled

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An act relating to green building construction; creating

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s. 212.099, F.S.; providing a purpose; providing

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definitions; providing for a sales tax credit for certain

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building construction; creating s. 220.194, F.S.;

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providing a purpose; providing definitions; providing for

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a corporate income tax credit for certain building

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construction; requiring the Department of Revenue to adopt

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certain standards by rule; providing requirements;

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requiring the department to issue initial credit

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certificates under certain circumstances; providing

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certificate requirements and limitations; requiring

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taxpayers claiming credits to obtain eligibility

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certificates; providing requirements; providing additional

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certification requirements; authorizing the Chief

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Financial Officer and the department to adopt rules;

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requiring the Chief Financial Officer and the department

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to submit a report to the Governor and the Legislature;

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providing report requirements; providing duties of the

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Chief Financial Officer; requiring the department to adopt

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certification rules; amending s. 553.74, F.S.; providing

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for an additional member of the Florida Building

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Commission; creating part IX of ch. 553, F.S., consisting

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of ss. 553.9991, 553.9993, and 553.9995, F.S.; creating

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the Florida Green Building Act; providing legislative

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findings; providing a legislative declaration; providing

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definitions; requiring certain state-funded projects to be

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constructed to meet certain energy and environmental

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design rating systems; requiring certain public buildings

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and educational facilities to be constructed to meet

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certain energy and environmental design rating systems;

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providing a legislative finding; requiring certain major

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facility projects receiving state funding to be

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constructed to meet certain energy and environmental

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design rating standards; providing public agency

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monitoring and reporting requirements; providing reporting

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requirements for the department; requiring the department

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to summarize certain reports and report to the

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Legislature; specifying absence of liability for failing

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to meet certain standards under certain circumstances;

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exempting certain affordable housing projects; requiring

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the Department of Community Affairs to develop a

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sustainable building program for certain affordable

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housing projects; providing requirements and limitations;

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providing performance review requirements for the Office

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of Program Policy Analysis and Government Accountability;

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providing performance audit requirements; requiring

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reports; creating the Florida Green Building Council in

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the Department of Community Affairs; providing for

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membership; providing for action by the council; providing

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that members shall serve without compensation; providing

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for per diem and travel expenses; providing for member

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accountability to the Governor; providing for

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investigation by the Governor of council actions or

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members; providing for removal of council members under

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certain circumstances; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 212.099, Florida Statutes, is created to

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read:

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     212.099 Florida Green Building sales tax refund program.--

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     (1) The purpose of this section is to encourage the

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development and construction of facilities using environmentally

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conscious building practices.

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     (2) The definitions provided in s. 220.194 apply to this

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section.

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     (3) A property owner may claim a refund against the tax

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imposed by this chapter paid during the building or renovation of

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a residential structure that does not qualify for the green

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building corporate income tax credit under s. 220.194. The

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property owner shall submit to the department proof of having

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paid the sales tax on items used in the construction or

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improvement of the property and proof of the property's

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compliance with applicable green building standards as specified

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in s. 220.194. The tax refund shall not exceed $5,000 per

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property.

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     Section 2.  Section 220.194, Florida Statutes, is created to

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read:

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     220.194 Florida Green Building corporate income tax

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credit.--

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     (1) The purpose of this section is to encourage the

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development and construction of facilities using environmentally

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conscious building practices.

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     (2) As used in this section:

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     (a)1. "Allowable costs" means amounts properly chargeable

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to capital accounts, other than for land, that are paid or

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incurred on or after July 1, 2009, for:

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     a. Construction or rehabilitation;

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     b. Commissioning costs;

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     c. Interest paid or incurred during the construction or

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rehabilitation period;

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     d. Architectural, engineering, and other professional fees

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allocable to construction or rehabilitation;

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     e. Closing costs for construction, rehabilitation, or

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mortgage loans;

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     f. Recording taxes and filing fees incurred with respect to

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construction or rehabilitation; or

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     g. Finishes and furnishings, consistent with the rules

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adopted by the Department of Business and Professional

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Regulation, for lighting, plumbing, electrical wiring, and

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ventilation.

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     2. The term "allowable costs" does not include:

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     a. The cost of telephone systems and computers, other than

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electrical wiring costs;

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     b. Legal fees allocable to construction or rehabilitation;

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     c. Site costs, including temporary electric wiring,

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scaffolding, demolition costs, and fencing and security

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facilities;

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     d. Finishes or furnishings that are not consistent with the

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rules adopted by the Department of Business and Professional

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Regulation under this section; or

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     e. The cost of purchasing or installing fuel cells, wind

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turbines, or photovoltaic modules.

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     (b) "Applicable green building" means a building that:

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     1. Achieves at least a silver rating according to the

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United States Green Building Council's Leadership in Energy and

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Environmental Design (LEED) Green Building rating system as

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adopted by the Florida Green Building Council;

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     2. Achieves at least a Two Globes rating according to the

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Green Globes Program as adopted by the Green Building Initiative;

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     3. Achieves at least a comparable numeric rating according

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to a nationally recognized, accepted, and appropriate numeric

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sustainable development rating system, guideline, or standard; or

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     4. Meets nationally recognized, consensus-based, and

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accepted green building guidelines, standards, or systems

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approved by the state.

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     (c) "Base building" means all areas of a building not

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intended for occupancy by a tenant or owner, including the

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structural components of the building, exterior walls, floors,

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windows, roofs, foundations, chimneys and stacks, parking areas,

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mechanical rooms and mechanical systems, and owner-controlled or

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operated services spaces, sidewalks, main lobby, shafts and

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vertical transportation mechanisms, stairways, and corridors.

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     (d) "Commissioning" means:

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     1. The testing and fine-tuning of heating, ventilating, and

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air-conditioning systems and other systems to ensure proper

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functioning and adherence to design criteria.

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     2. The preparation of system operation manuals and

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instruction of maintenance personnel.

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     (e) "Credit allowance year" means the later of:

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     1. The taxable year during which:

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     a. The property, construction, completion, or

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rehabilitation on which the credit allowed under this section is

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based is originally placed in service; or

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     b. A fuel cell, wind turbine, or photovoltaic module

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constitutes a qualifying alternate energy source and is fully

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operational; or

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     2. The earliest taxable year for which the credit may be

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claimed under the initial credit certificate issued under

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subsection (12).

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     (f) "Department" means the Department of Revenue.

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     (g) "Eligible building" means a building located in this

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state that:

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     1. Is a building used primarily for nonresidential purposes

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if the building contains at least 20,000 square feet of interior

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space;

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     2. Is a residential multifamily building with at least 12

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dwelling units that contains at least 20,000 square feet of

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interior space; or

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     3. Is any combination of buildings described in

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subparagraphs 1. and 2.

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     (h) "Fuel cell" means a device that produces electricity

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directly from hydrogen or hydrocarbon fuel through a

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noncombustive electrochemical process.

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     (i) "Green base building" means a base building that is

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part of an eligible building and meets the requirements set out

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in paragraph (b).

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     (j) "Green tenant space" means tenant space in a building

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if the building is an eligible building and the tenant space

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meets the requirements of paragraph (b).

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     (k) "Green whole building" means a building for which the

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base building is a green base building and all tenant space is

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green tenant space.

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     (l) "Incremental cost of building-integrated photovoltaic

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modules" means:

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     1. The cost of building-integrated photovoltaic modules and

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any associated inverter, additional wiring or other electrical

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equipment for the photovoltaic modules, or additional mounting or

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structural materials, less the cost of spandrel glass or other

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building material that would have been used if building-

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integrated photovoltaic modules were not installed;

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     2. The incremental labor costs properly allocable to onsite

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preparation, assembly, and original installation of photovoltaic

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modules; and

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     3. The incremental costs of architectural and engineering

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services and designs and plans directly related to the

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construction or installation of photovoltaic modules.

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     (m) "Qualifying alternate energy sources" means building-

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integrated and nonbuilding-integrated photovoltaic modules, wind

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turbines, and fuel cells installed to serve a base building or

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tenant space that:

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     1. Have the capability to monitor their actual power

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output;

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     2. Are fully commissioned upon installation, and annually

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thereafter, to ensure that the systems meet the design

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specifications; and

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     3. In the case of wind turbines, meet any applicable noise

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ordinances.

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     (n) "Tenant improvements" means improvements that are

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necessary or appropriate to support or conduct the business of a

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tenant or occupying owner.

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     (o) "Tenant space" means the portion of a building intended

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for occupancy by a tenant or occupying owner.

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     (3)(a) A corporation may claim a credit against the tax

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imposed by this chapter as provided under this section for green

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buildings and green building components.

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     (b) If the credit authorized under this section exceeds the

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tax imposed by this chapter, any unused credit may be carried

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forward and applied for succeeding taxable years until the

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earlier of:

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     1. The full amount of the credit is used; or

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     2. The expiration of the 10th year after the taxable year

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for which the credit was allowed.

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     (c) For each of the credits authorized under subsections

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(4)-(9), the credit may not be allowed for any taxable year

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unless:

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     1. The taxpayer has obtained and filed an initial credit

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certificate and an eligibility certificate issued under

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subsection (12).

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     2. A certificate of occupancy for the building has been

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issued.

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     3. The property with respect to which the credit is claimed

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is in service during the taxable year.

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     (d) The total aggregate amount authorized for all credits

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under this section may not exceed the maximum set forth in the

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initial credit certificate obtained under subsection (12).

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     (e) In determining the amount of the credits under this

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section, a cost paid or incurred may not be the basis for more

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than one credit.

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     (4)(a) For the taxable year that is the credit allowance

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year, an owner or tenant may claim a credit in an amount equal to

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8 percent of the allowable costs paid or incurred by the owner or

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tenant for the construction of a green whole building or the

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rehabilitation of a building that is not a green whole building

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to become a green whole building.

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     (b) The allowable costs used to determine the credit amount

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allowed under this subsection for a green whole building may not

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exceed in the aggregate:

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     1. An amount equal to $120 per square foot for that portion

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of the building that comprises the base building; and

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     2. An amount equal to $60 per square foot for that portion

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of the building that comprises the tenant space.

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     (5)(a) For the taxable year that is the credit allowance

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year, an owner may claim a credit in an amount equal to 6 percent

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of the allowable costs paid or incurred by the owner for the

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construction of a green base building or the rehabilitation of a

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building that is not a green base building to become a green base

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building.

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     (b) The allowable costs used to determine the credit amount

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allowed under this subsection for a green base building may not

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exceed, in the aggregate, $120 per square foot.

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     (6)(a) For the taxable year that is the credit allowance

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year, an owner or tenant may claim a credit in an amount equal to

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6 percent of the allowable costs for tenant improvements paid or

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incurred by the owner or tenant in the construction or completion

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of green tenant space or the rehabilitation of tenant space that

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is not green tenant space to become green tenant space.

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     (b)1. The allowable costs used to determine the credit

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amount allowed under this subsection for green tenant space may

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not exceed, in the aggregate, $60 per square foot.

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     2. If an owner and tenant each incur allowable costs for

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tenant improvements under this subsection and the costs exceed

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$60 per square foot in the aggregate, the owner has priority as

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to costs constituting the basis for the green tenant space credit

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under this subsection.

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     (c) The credit under this subsection for green tenant space

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may not be claimed by an owner of a building that occupies less

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than 10,000 square feet of the building.

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     (d) The credit under this subsection for green tenant space

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may not be claimed by a tenant that occupies less than 5,000

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square feet.

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     (7)(a) For the taxable year that is the credit allowance

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year, an owner or tenant may claim a credit in the amount

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determined under this subsection for the installation of a fuel

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cell that is a qualifying alternate energy source and is

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installed to serve a green whole building, green base building,

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or green tenant space.

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     (b) The amount of the credit authorized under this

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subsection is 30 percent of the sum of the capitalized costs paid

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or incurred by an owner or tenant with respect to each fuel cell

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installed, including the cost of the foundation or platform and

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the labor costs associated with installation.

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     (c) The costs used to determine the credit amount allowed

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under this subsection for installation of a fuel cell:

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     1. May not exceed $1,000 per kilowatt of installed DC-rated

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capacity of the fuel cell; and

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     2. Shall be reduced by the amount of any federal, state, or

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local grant:

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     a. Received by the taxpayer and used for the purchase or

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installation of the fuel cell; and

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     b. Not included in the federal gross income of the

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taxpayer.

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     (8)(a) For the taxable year that is the credit allowance

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year, an owner or tenant may claim a credit in the amount

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determined under this subsection for the installation of

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photovoltaic modules that constitute a qualifying alternate

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energy source and are installed to serve a green whole building,

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green base building, or green tenant space.

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     (b) The amount of the credit allowed under this subsection

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is:

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     1. An amount equal to 20 percent of the incremental cost

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paid or incurred by an owner or tenant for building-integrated

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photovoltaic modules; and

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     2. An amount equal to 25 percent of the cost of

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nonbuilding-integrated photovoltaic modules, including the cost

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of the foundation or platform and the labor costs associated with

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installation.

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     (c) The costs used to determine the credit amount allowed

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under this subsection for installation of photovoltaic modules:

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     1. May not exceed the product obtained by multiplying $3

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times the number of watts included in the DC-rated capacity of

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the photovoltaic modules; and

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     2. Shall be reduced by the amount of any federal, state, or

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local grant:

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     a. Received by the taxpayer and used for the purchase or

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installation of the photovoltaic equipment; and

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     b. Not included in the federal gross income of the

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taxpayer.

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     (9)(a) For the taxable year that is the credit allowance

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year, an owner or tenant may claim a credit in the amount

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determined under paragraph (b) for the installation of a wind

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turbine that is a qualifying alternate energy source and is

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installed to serve a green whole building, green base building,

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or green tenant space.

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     (b) The amount of the credit authorized under this

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subsection is 25 percent of the sum of the capitalized costs paid

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or incurred by an owner or tenant with respect to each wind

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turbine installed, including the cost of the foundation or

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platform and the labor costs associated with installation.

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     (10)(a) By rule, the department shall adopt standards for a

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building to qualify as a green base building eligible for the tax

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credits under this section that are consistent with the criteria

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for green base buildings set forth by the United States Green

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Building Council or other similar criteria.

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     (b) The rule adopted under this subsection shall provide

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that the energy use shall be no more than 65 percent for new

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construction of a base building, or 75 percent in the case of

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rehabilitation of a base building, of the energy use attributable

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to a reference building which meets the requirements of

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applicable energy efficiency standards.

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     (11)(a) By rule, the department shall adopt standards for

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tenant space to qualify as green tenant space eligible for the

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tax credits under this section that are consistent with the

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criteria for green tenant space set forth by the United States

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Green Building Council or other similar criteria.

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     (b) The rule adopted under this subsection shall provide

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that the energy use shall be no more than 65 percent for new

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construction, or 75 percent in the case of rehabilitation, of the

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energy use attributable to a reference building which meets the

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requirements of applicable energy efficiency standards.

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     (12)(a)1. Upon application by a taxpayer, the department

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shall issue an initial credit certificate if the taxpayer has

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made a showing that the taxpayer is likely within a reasonable

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time to place in service property for which a credit under this

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section would be allowed.

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     2. The initial credit certificate issued under this

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paragraph:

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     a. Shall state the earliest taxable year for which the

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credit may be claimed and an expiration date; and

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     b. Shall apply only to property placed in service on or

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before the expiration date.

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     3. To avoid unwarranted hardship, the department, in its

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discretion, may extend the expiration date stated under an

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initial credit certificate.

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     4. The initial credit certificate shall state the maximum

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amount of credit allowable in the aggregate for all credits

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allowed under this section.

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     5. The department may not issue initial credit

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certificates, in the aggregate, for more than $25 million.

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     6. Except as provided in subparagraph 7., initial credit

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certificates shall be limited in their applicability. Credits in

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the aggregate, with respect to the following taxable years, may

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not be allowed for more than:

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     a. The sum of $1 million for the tax year beginning in

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2009.

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     b. The sum of $2 million for the tax year beginning in

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2010.

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     c. The sum of $3 million for the tax year beginning in

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2011.

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     d. The sum of $4 million for the tax year beginning in

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2012.

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     e. The sum of $5 million for the tax year beginning in

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2013.

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     f. The sum of $4 million for the tax year beginning in

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2014.

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     g. The sum of $3 million for the tax year beginning in

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2015.

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     h. The sum of $2 million for the tax year beginning in

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2016.

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     i. The sum of $1 million for the tax year beginning in

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2017.

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     7. As of the end of a calendar year, if certificates for

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credit amounts totaling less than the amount permitted with

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respect to taxable years beginning in that calendar year have

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been issued, the maximum amount that may be allowed for taxable

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years beginning in the subsequent calendar year shall be

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increased by the amount of the preceding year's shortfall.

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     8. The department may not issue an initial credit

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certificate after December 31, 2017.

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     9. On January 1, 2010, and each year thereafter, the

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department shall provide to the Chief Financial Officer a list of

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all taxpayers in the prior taxable year that have been issued an

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initial credit certificate and shall specify for each taxpayer

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the earliest taxable year for which the credit may be claimed and

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the maximum amount of the credit allowable in the aggregate for

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all credits allowed under this section.

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     (b)1. For each taxable year for which a taxpayer claims a

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credit under this section with respect to a green whole building,

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green base building, green tenant space, fuel cell, photovoltaic

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module, or wind turbine, the taxpayer shall obtain an eligibility

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certificate from an architect or professional engineer licensed

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to practice in this state.

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     2.a. An eligibility certificate issued under this paragraph

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shall consist of a certification, under the seal of the architect

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or engineer, that the property that is the basis for the credit

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that is claimed is in service and that:

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     (I) The building, base building, or tenant space with

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respect to which the credit is claimed is a green whole building,

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green base building, or green tenant space.

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     (II) Any fuel cell, photovoltaic module, or wind turbine

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with respect to which the credit is claimed constitutes a

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qualifying alternate energy source and is fully operational.

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     b. The certification under sub-sub-subparagraph a.(II):

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     (I) Shall be made in accordance with the rules adopted by

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the department under this section specifying the standards and

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guidelines for each credit under this section; and

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     (II) Shall set forth the specific findings on which the

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certification was based.

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     c. The taxpayer shall file the eligibility certificate and

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the associated initial credit certificate with the taxpayer's

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income tax return and shall file duplicate copies of the

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eligibility certificate with the department.

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     d. The eligibility certificate shall include:

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     (I) Sufficient information to identify each building or

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space; and

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     (II) Any other information that the department or the Chief

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Financial Officer requires by rule.

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     (c) If the department has reason to believe that an

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architect or professional engineer, in making any certification

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under this subsection, engaged in professional misconduct, the

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department shall inform the appropriate professional board of the

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suspected misconduct.

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     (d)1. The Chief Financial Officer and the department may

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adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to

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carry out the provisions of this section.

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     2. Rules adopted under this section shall construe the

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provisions of this section in such a manner as to encourage the

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development of green whole buildings, green base buildings, and

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green tenant space and to maintain high, but commercially

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reasonable, standards for obtaining tax credits under this

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section.

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     (e) On or before April 1, 2011, the Chief Financial Officer

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and the department, jointly and in consultation with the

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Department of Environmental Protection, shall submit to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives a written report regarding:

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     1. The number of certifications and taxpayers claiming the

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credit under this section;

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     2. The amount of the credits claimed;

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     3. The geographical distribution of the credits claimed;

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and

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     4. Any other available information the department

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determines to be meaningful and appropriate.

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     (f) The Chief Financial Officer shall ensure that the

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information is presented and classified in a manner consistent

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with the confidentiality of tax return information.

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     (13) On or before July 1, 2008, the department, in

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consultation with the Department of Environmental Protection and

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the Department of Natural Resources, shall adopt rules with

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respect to the certification of green whole buildings, green base

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buildings, and green tenant space that are consistent with

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criteria set forth by the Florida Green Buildings Council or

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other similar criteria for:

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     (a) Energy use;

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     (b) Appliance and heating, cooling, and hot water equipment

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standards;

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     (c) Air conditioning equipment, including chillers;

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     (d) Building materials, finishes, and furnishings;

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     (e) Stormwater runoff for new construction;

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     (f) Water conservation and efficiency; and

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     (g) Indoor air quality, in consultation with the Department

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of Health.

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     Section 3.  Subsection (1) of section 553.74, Florida

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Statutes, is amended to read:

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     553.74  Florida Building Commission.--

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     (1)  The Florida Building Commission is created and shall be

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located within the Department of Community Affairs for

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administrative purposes. Members shall be appointed by the

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Governor subject to confirmation by the Senate. The commission

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shall be composed of 24 23 members, consisting of the following:

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     (a)  One architect registered to practice in this state and

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actively engaged in the profession.

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     (b)  One structural engineer registered to practice in this

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state and actively engaged in the profession.

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     (c)  One air-conditioning or mechanical contractor certified

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to do business in this state and actively engaged in the

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profession.

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     (d)  One electrical contractor certified to do business in

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this state and actively engaged in the profession.

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     (e)  One member from fire protection engineering or

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technology who is actively engaged in the profession.

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     (f)  One general contractor certified to do business in this

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state and actively engaged in the profession.

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     (g)  One plumbing contractor licensed to do business in this

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state and actively engaged in the profession.

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     (h)  One roofing or sheet metal contractor certified to do

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business in this state and actively engaged in the profession.

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     (i)  One residential contractor licensed to do business in

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this state and actively engaged in the profession.

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     (j)  Three members who are municipal or district codes

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enforcement officials, one of whom is also a fire official.

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     (k)  One member who represents the Department of Financial

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Services.

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     (l)  One member who is a county codes enforcement official.

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     (m)  One member of a Florida-based organization of persons

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with disabilities or a nationally chartered organization of

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persons with disabilities with chapters in this state.

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     (n)  One member of the manufactured buildings industry who

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is licensed to do business in this state and is actively engaged

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in the industry.

522

     (o)  One mechanical or electrical engineer registered to

523

practice in this state and actively engaged in the profession.

524

     (p)  One member who is a representative of a municipality or

525

a charter county.

526

     (q)  One member of the building products manufacturing

527

industry who is authorized to do business in this state and is

528

actively engaged in the industry.

529

     (r)  One member who is a representative of the building

530

owners and managers industry who is actively engaged in

531

commercial building ownership or management.

532

     (s)  One member who is a representative of the insurance

533

industry.

534

     (t)  One member who is a representative of public education.

535

     (u) One member who is a representative of the green

536

building industry and who is a third-party commissioning agent, a

537

Florida board member for the United States Green Building Council

538

or Green Building Initiative, or a LEED-accredited professional.

539

     (v)(u) One member who shall be the chair.

540

541

Any person serving on the commission under paragraph (c) or

542

paragraph (h) on October 1, 2003, and who has served less than

543

two full terms is eligible for reappointment to the commission

544

regardless of whether he or she meets the new qualification.

545

     Section 4.  Part IX of chapter 553, Florida Statutes,

546

consisting of sections 553.9991, 553.9993, and 553.9995, is

547

created to read:

548

PART IX

549

FLORIDA GREEN BUILDING CONSTRUCTION

550

     553.9991 Florida Green Building Act.--

551

     (1) SHORT TITLE.--This part may be cited as the "Florida

552

Green Building Act."

553

     (2) LEGISLATIVE FINDINGS; DECLARATION.--

554

     (a) The Legislature finds that:

555

     1. Energy costs are increasing.

556

     2. Energy used in buildings contributes substantially to

557

the problems of pollution and global warming.

558

     3. Buildings can be built and renovated using high-

559

performance methods that reduce energy costs, preserve the

560

environment, and enhance quality of life.

561

     4. Green building development addresses and minimizes

562

numerous adverse impacts upon the health, safety, and welfare of

563

social, natural, and built environments.

564

     5. Green development will optimize the energy performance

565

of buildings throughout the state, improve environmental quality

566

in the state, protect and restore the state's natural resources

567

by avoiding development of inappropriate building sites, reduce

568

the burden on municipal water supply and treatment by reducing

569

potable water consumption, and reduce waste generation and manage

570

waste through recycling and diversion from landfill disposal.

571

     (b) The Legislature declares that there is an important

572

state interest in promoting the construction of energy-efficient

573

and sustainable buildings. Government leadership is vital to

574

demonstrate the state's commitment to energy and environmental

575

conservation, saving taxpayers money, and raising public

576

awareness of conscientious development.

577

     (3) DEFINITIONS.--As used in this part, the term:

578

     (a) "Council" means the United States Green Building

579

Council.

580

     (b) "Department" means the Department of Management

581

Services.

582

     (c) "Green Globes Rating System" means the environmental

583

building rating system established by the initiative to determine

584

the level of a building's sustainability and energy efficiency

585

performance.

586

     (d) "High-performance building" means a building designed

587

to achieve integrated systems design and construction so as to

588

significantly reduce or eliminate the negative impact of the

589

built environment.

590

     (e) "Initiative" means the Green Building Initiative.

591

     (f) "LEED" means the council's Leadership in Energy and

592

Environmental Design rating systems.

593

     (g) "LEED silver standard" means the United States Green

594

Building Council's leadership in energy and environmental design

595

green building rating standard, referred to as the "silver

596

standard."

597

     (h) "Major facility project" means:

598

     1.a. A state-funded new construction building project under

599

which the building to be constructed is larger than 10,000 gross

600

square feet;

601

     b. A state-funded renovation project that involves more

602

than 50 percent of the replacement value of an existing facility

603

or a change in occupancy; or

604

     c. A state-funded commercial interior tenant fit-out

605

project that is larger than 7,500 square feet of leasable area.

606

     2. The term "major facility project" does not include:

607

     a. Projects for which the department, public school

608

district, or other applicable agency and the design team

609

determine the LEED silver standard or a nationally recognized

610

standard of an equivalent ranking to be not practicable; or

611

     b. Transmitter buildings; pumping stations; hospitals;

612

research facilities primarily used for sponsored laboratory

613

experimentation, laboratory research, or laboratory training in

614

research methods; or other similar building types as determined

615

by the department.

616

     (i) "Public agency" means every state office, officer,

617

board, commission, committee, bureau, department, and public

618

higher education institution.

619

     (j) "Sustainable building" means a building that is healthy

620

and comfortable for its occupants and is economical to operate

621

while conserving resources, including energy, water, raw

622

materials, and land, and minimizing the generation of toxic

623

materials and waste in its design, construction, landscaping, and

624

operation.

625

     (k) "Third-party commissioning agent" means a person

626

accredited by the council or initiative with expertise in

627

building system performance who analyzes, evaluates, and confirms

628

the proper function and performance of a high-performance

629

building and its systems, equipment, and indoor air quality. To

630

qualify as a third-party commissioning agent, a person must not

631

have participated in the original certification of the major

632

facility project or renovation project.

633

     (4) MAJOR FACILITY CONSTRUCTION.--All major facility

634

projects funded with state moneys shall be constructed as a

635

sustainable building meeting the council's LEED rating system,

636

the initiative's Green Globes Rating System, or a nationally

637

recognized, high-performance green building rating system as

638

approved by the department. This section applies to all major

639

facility projects for which the architectural plans started after

640

July 1, 2008.

641

     553.9993 Public buildings; educational facilities.--

642

     (1) The Legislature finds that public buildings and

643

educational facilities can be built and renovated using high-

644

performance methods that save money, improve workplace and

645

classroom performance, and make workers and students more

646

productive. High-performance public buildings and educational

647

facilities are proven to increase student test scores, reduce

648

worker absenteeism, and cut energy and utility costs.

649

     (2)(a) All major facility projects of public agencies

650

receiving any funding in a state capital budget, or projects

651

financed through a financing contract, must be designed,

652

constructed, and certified to at least the LEED silver standard

653

or a nationally recognized standard of an equivalent ranking.

654

This paragraph applies to major facility projects that have not

655

entered the design phase prior to the effective date of this part

656

and to the extent appropriate LEED silver standards or nationally

657

recognized standards of an equivalent ranking exist for that type

658

of building or facility.

659

     (b) All major facility projects of any entity other than a

660

public agency or public school district receiving any funding in

661

a state capital budget must be designed, constructed, and

662

certified to at least the LEED silver standard or a nationally

663

recognized standard of an equivalent ranking. This paragraph

664

applies to major facility projects that have not entered the

665

grant application process prior to the effective date of this

666

part and to the extent appropriate LEED silver standards or

667

nationally recognized standards of an equivalent ranking exist

668

for that type of building or facility.

669

     (c)1. Public agencies shall monitor and document ongoing

670

operating savings resulting from major facility projects

671

designed, constructed, and certified as required under this

672

section.

673

     2. Public agencies shall report annually to the department

674

on major facility projects and operating savings.

675

     (d) The department shall consolidate the reports required

676

in paragraph (c) into one report and report to the Governor, the

677

President of the Senate, and the Speaker of the House of

678

Representatives by September 1 of each even-numbered year

679

beginning in 2010 and ending in 2020. In its report, the

680

department shall also report on the implementation of this part,

681

including reasons why the LEED standard or a nationally

682

recognized standard of an equivalent ranking was not used. The

683

department shall make recommendations regarding the ongoing

684

implementation of this part, including a discussion of incentives

685

and disincentives related to implementing this part.

686

     (3) A member of the design team or construction team may

687

not be held liable for the failure of a major facility project to

688

meet the LEED silver standard, or other LEED standard, or a

689

nationally recognized standard of an equivalent ranking

690

established for the project as long as a good faith attempt was

691

made to achieve the LEED or equivalent standard set for the

692

project.

693

     (4) Except as provided in this section, affordable housing

694

projects funded out of the state capital budget are exempt from

695

the provisions of this part. On or before July 1, 2012, the

696

Department of Community Affairs shall identify, implement, and

697

apply a sustainable building program for affordable housing

698

projects that receive housing trust fund funding in the state

699

capital budget. The Department of Community Affairs shall not

700

develop its own sustainable building standard, but shall work

701

with stakeholders to adopt an existing sustainable building

702

standard or criteria appropriate for affordable housing. Any

703

application of the program to affordable housing, including any

704

monitoring to track the performance of either sustainable

705

features or energy standards or both, is the responsibility of

706

the Department of Community Affairs. Beginning in 2013 and ending

707

in 2020, the Department of Community Affairs shall report to the

708

department as required under paragraph (2)(c).

709

     (5)(a) The Office of Program Policy Analysis and Government

710

Accountability, or a successor agency, shall conduct a

711

performance review of the high-performance buildings program

712

established under this part.

713

     (b) The performance audit shall include, but not be limited

714

to:

715

     1. The identification of the costs of implementation of

716

high-performance building standards in the design and

717

construction of major facility projects subject to this part.

718

     2. The identification of operating savings attributable to

719

the implementation of high-performance building standards,

720

including, but not limited to, savings in energy, utility, and

721

maintenance costs.

722

     3. The identification of any impacts of high-performance

723

buildings standards on worker productivity and student

724

performance.

725

     4. An evaluation of the effectiveness of the high-

726

performance building standards established under this part and

727

recommendations for any changes in those standards that may be

728

supported by the office's findings.

729

     (c) The office shall make a preliminary report of its

730

findings and recommendations on or before December 1, 2014, and a

731

final report on or before July 1, 2015.

732

     553.9995 Florida Green Building Council.--

733

     (1) The Florida Green Building Council is created and shall

734

be located within the Department of Community Affairs for

735

administrative purposes. The commission shall be composed of 15

736

members, consisting of:

737

     (a) The Secretary of Community Affairs or the secretary's

738

designee.

739

     (b) The Secretary of Management Services or the secretary's

740

designee.

741

     (c) The Chief Financial Officer or the Chief Financial

742

Officer's designee.

743

     (d) The Secretary of Environmental Protection or the

744

secretary's designee.

745

     (e) The Commissioner of Agriculture or the commissioner's

746

designee.

747

     (f) The Secretary of Transportation or the secretary's

748

designee.

749

     (g) The Commissioner of Education or the commissioner's

750

designee.

751

     (h) The Chancellor of the State University System or the

752

chancellor's designee.

753

     (i) Seven members who shall be appointed by the Governor to

754

represent environmental, business, and citizen interests, at

755

least one of whom shall have expertise in energy conservation or

756

green building design standards. The terms of members appointed

757

by the Governor shall be 2 years. The terms of appointed members

758

shall be staggered. At the end of a term, a member shall serve

759

until his or her successor is appointed and qualifies. A member

760

who is appointed after a term has begun shall serve only for the

761

remainder of that term and until a successor is appointed and

762

qualifies.

763

     (2) The Governor shall appoint a chair from among the

764

council's membership and the chair shall serve at the pleasure of

765

the Governor.

766

     (3) The council may act with an affirmative vote of eight

767

members.

768

     (4) Any member who, during his or her term, ceases to meet

769

the qualifications for original appointment shall forfeit

770

membership on the council.

771

     (5) Members of the council shall serve without compensation

772

but shall be entitled to reimbursement for per diem and travel

773

expenses as provided by s. 112.061.

774

     (6) Each appointed member is accountable to the Governor

775

for the proper performance of the duties of the office. The

776

Governor shall cause to be investigated any complaint or

777

unfavorable report received concerning an action of or any member

778

of the council and shall take appropriate action upon receiving

779

the results of such investigation. The Governor may remove from

780

office any appointed member for malfeasance, misfeasance, neglect

781

of duty, incompetence, permanent inability to perform official

782

duties, or pleading guilty or nolo contendere to, or being found

783

guilty of, a felony.

784

     Section 5.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.