CS/HB 879

1
A bill to be entitled
2An act relating to financial incentives for electric
3vehicles; providing definitions; exempting certain
4categories of electric vehicles and components from the
5tax on sales, use, and other transactions and certain
6motor vehicle title transfer, registration, and tag fees
7for a certain time; specifying criteria; providing for
8issuance of qualifying compliance certificates by the
9Florida Solar Energy Center; providing for credits against
10the corporate income tax for certain fleets of certain
11categories of vehicles and components for a certain time;
12providing criteria; providing fleet requirements;
13providing for issuance of qualifying compliance
14certificates by the Florida Solar Energy Center; providing
15vehicle certification requirements; providing compliance
16certificate maintenance, availability, and corporate tax
17return requirements for taxpayers; providing for carrying
18forward unused tax credits under certain circumstances;
19authorizing taxpayers to elect the order of claiming the
20tax credit; specifying a mutual exclusion against claiming
21the tax credit or taking a deduction for the same vehicle;
22authorizing the Department of Revenue and the Florida
23Solar Energy Center's Electric Drive Transportation
24Technologies Group to adopt rules; providing for a one-
25time rebate for a certain time to certain entities that
26install, operate, and maintain certain qualifying public
27charging stations for certain vehicles; specifying
28criteria; limiting the number of rebates per year;
29providing application requirements; providing for a one-
30time rebate for a certain time to persons who convert
31their automobile to a certain type of electric or hybrid
32electric automobile; specifying criteria; providing
33application requirements; specifying eligibility
34requirements and limitations; limiting the number of
35rebates per year; exempting certain new vehicle
36registrations from motor vehicle license taxes for a
37certain time; providing for administrative costs of the
38center; providing appropriations; providing an effective
39date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  (1)  DEFINITIONS.--For the purposes of this
44section, the term:
45     (a)  "Automobile" means a car or light truck, including
46minivan, sports utility vehicle, or pickup truck, with 4 wheels
47and a curb weight of between 1,200 pounds and 5,800 pounds.
48     (b)  "Center" means the Florida Solar Energy Center.
49     (c)  "Highway-capable" means capable of maintaining a
50sustained top speed of at least 60 miles per hour.
51     (2)  SALES AND USE TAX EXEMPTIONS.--
52     (a)  Beginning July 1, 2009, through December 31, 2019, the
53following categories of electric vehicles and electric vehicle
54components are exempt from the taxes imposed by chapter 212,
55Florida Statutes, as well as from all applicable fees that are
56payable to any county or state revenue or motor vehicle office
57upon application for title transfer, registration, and tags:
58     1.  Highway-capable all-electric or plug-in hybrid electric
59automobiles, either as original production or converted electric
60vehicles, having a battery pack capacity of at least 10
61kilowatt-hours, calculated at the battery manufacturer's 1-hour
62discharge rate.
63     2.  The following components designed and manufactured for
64highway-capable all-electric and plug-in hybrid electric
65automobiles:
66     a.  Electric propulsion motors with a continuous power
67rating of at least 13 kilowatts and a peak power rating of at
68least 34 kilowatts.
69     b.  Direct current electric motor controllers and
70integrated alternating current electric motor
71inverter/controllers having:
72     (I)  A maximum input voltage from the battery pack to the
73controller that is at least 280 volts direct current.
74     (II)  A maximum input current from the battery pack to the
75controller that is at least 60 amperes direct current.
76     c.  Battery chargers having a maximum output charging
77voltage of at least 350 volts direct current and a maximum
78output charging current of at least 8 amperes direct current.
79     d.  Lithium-ion, lithium-polymer, and nickel-metal-hydride
80batteries, consisting of individual cells of at least 40 amp-
81hours capacity, specified at the battery manufacturer's 1-hour
82discharge rate, when such batteries are purchased in an
83aggregate volume of at least 10 kilowatt-hours, calculated at
84the battery manufacturer's 1-hour discharge rate.
85     e.  Vehicle and model-specific aftermarket conversion kits,
86with a battery pack capacity of at least 5 kilowatt-hours,
87calculated at the battery manufacturer's 1-hour discharge rate,
88to convert either a gasoline or gasoline-electric hybrid
89automobile into a highway-capable all-electric or plug-in hybrid
90electric automobile, for which the converted vehicle has been
91tested and certified as:
92     (I)  Conforming to National Highway Traffic Safety
93Administration Federal Motor Vehicle Safety Standards.
94     (II)  Maintaining conformance for the converted vehicle to
95the same United States Environmental Protection Agency emissions
96standards as that of the unconverted vehicle.
97     (b)  Qualifying compliance certificates shall be issued for
98each individual vehicle, to each individual vehicle purchaser or
99applicant for title transfer, registration, and tags, at the
100time of such purchase transaction or application, by the
101center's Electric Drive Transportation Technologies Group
102through its designated regional inspection offices, which
103offices shall be selected by and operated under the supervision
104and direction of the Electric Drive Transportation Technologies
105Group.
106     (3)  TAX CREDITS FOR CORPORATE FLEETS.--
107     (a)  Any corporation located and doing business in this
108state that files and pays the corporate income tax imposed by
109chapter 220, Florida Statutes, and operates within the state a
110fleet of 10 or more qualifying highway-capable all-electric or
111plug-in hybrid electric automobiles is entitled to an annual tax
112credit of $1,000 per vehicle per year for each qualifying
113vehicle each year, beginning July 1, 2009, through June 30,
1142014. Qualifying vehicles are defined as those satisfying one of
115the following categories:
116     1.  Highway-capable all-electric or plug-in hybrid electric
117automobiles, either as original production or converted electric
118vehicles, having a battery pack capacity of at least 10
119kilowatt-hours, calculated at the battery manufacturer's 1-hour
120discharge rate.
121     2.  Highway-capable all-electric or plug-in hybrid electric
122automobiles that have been converted using conversion kits
123conforming to Federal Government standards, that are vehicle and
124model-specific aftermarket conversion kits, with a battery pack
125capacity of at least 5 kilowatt-hours, calculated at the battery
126manufacturer's 1-hour discharge rate, to convert either a
127gasoline or gasoline-electric hybrid automobile into a highway-
128capable all-electric or plug-in hybrid electric automobile, for
129which the converted vehicle has been tested and certified as:
130     a.  Conforming to National Highway Traffic Safety
131Administration Federal Motor Vehicle Safety Standards.
132     b.  Maintaining conformance for the converted vehicle to
133the same United States Environmental Protection Agency emissions
134standards as that of the unconverted vehicle.
135     (b)  A fleet may consist of any combination of vehicles
136that qualify under subparagraph (a)1. or subparagraph (a)2. In
137order to be counted in the fleet total, a qualifying vehicle
138must have valid and current Florida registration and tags.
139     (c)  Qualifying compliance certificates shall be issued for
140each individual vehicle for which the credit is claimed by the
141center's Electric Drive Transportation Technologies Group
142through its designated regional inspection offices, which
143offices shall be selected by and operated under the supervision
144and direction of the Electric Drive Transportation Technologies
145Group.
146     (d)  Corporations operating fleets of fewer than 10
147qualifying vehicles within the state are not eligible for the
148tax credit.
149     (e)  Each individual vehicle for which the corporate income
150tax credit is claimed must be certified as qualifying for the
151credit by the center's Electric Drive Transportation
152Technologies Group through the issuance of a qualifying
153compliance certificate.
154     (f)  The taxpayer shall maintain possession of the original
155qualifying compliance certificate for each individual vehicle
156and shall make such original certificate available for
157inspection by the Department of Revenue upon request. The
158taxpayer must attach to its corporate income tax return, for
159submission to the Department of Revenue, a photocopy of each
160qualifying compliance certificate for each qualifying vehicle in
161its fleet for which the corporate income tax credit is being
162claimed for each year the taxpayer claims the credit, together
163with a photocopy of each qualifying vehicle's valid and current
164registration. The corporate tax return must have attached to it
165a minimum of at least 10 such qualifying compliance certificate
166photocopies and accompanying registration photocopies, each one
167of which is for a separate vehicle with a distinct and different
168vehicle identification number in order to be eligible to claim
169the credit. For each qualifying vehicle, the vehicle
170identification number on the qualifying compliance certificate
171photocopy must match that on the accompanying valid and current
172registration photocopy for such vehicle.
173     (g)  If a taxpayer does not have sufficient tax liability
174to claim all of the credit in the year the credit is granted,
175the unused portion of the aggregate credit may not be refunded
176but may be carried forward by the taxpayer to subsequent tax
177years.
178     (h)  Notwithstanding s. 220.02(8), Florida Statutes, the
179taxpayer may claim the credit in whichever order the taxpayer
180chooses, relative to other credits that are to be claimed,
181against corporate income tax.
182     (i)  If the taxpayer claims the corporate income tax credit
183for a qualifying vehicle, the taxpayer may not take a deduction
184for that vehicle. If the taxpayer takes a deduction for a
185qualifying vehicle, the taxpayer may not claim the corporate
186income tax credit for that vehicle.
187     (j)  The Department of Revenue may adopt rules necessary to
188administer the corporate income tax credit and the center's
189Electric Drive Transportation Technologies Group may adopt rules
190necessary to determine credit eligibility.
191     (4)  REBATES FOR INSTALLATION OF PUBLIC CHARGING
192STATIONS.--
193     (a)  Beginning July 1, 2009, and through December 31, 2016,
194any business, commercial establishment, or academic, health
195care, library, or other institution or any local, county, or
196state governmental entity that installs, operates, and maintains
197a qualifying public charging station for highway-capable
198electric vehicles shall be eligible for a one-time $2,000 rebate
199from the state for each individual charging station installed
200within 12 months after the installation date. The location of
201the electric vehicle charging station must be in a parking lot
202or garage, or section thereof, that is open to the public,
203without restriction. Electric vehicle charging stations
204installed in parking lots and garages, or sections thereof, that
205require permits or have other restrictions making them
206inaccessible to the general public shall disqualify the public
207charging station owner from eligibility for the $2,000 rebate.
208Only the public charging station owner shall be eligible for the
209rebate, not an installing contractor or an equipment or material
210vendor, supplier, or consultant. In order to qualify for the
211rebate, the electric vehicle charging station must satisfy all
212of the following criteria:
213     1.  The charging station equipment must comply with
214National Electrical Code Article 625 pertaining to 208 to 240
215volt public charging stations.
216     2.  The charging station equipment must conform to Society
217of Automotive Engineers J1772 Standard for 208 to 240 volt
218public charging stations.
219     3.  The charging station equipment must have an
220Underwriters Laboratory listing.
221     4.  The charging station equipment must be capable of
222operating at 208 to 240 volts alternating current input from the
223electrical grid and have a capability of providing at least 24
224amperes to the electric vehicle at 208 to 240 volts alternating
225current.
226     (b)  The rebate program shall be capped and limited to the
227first 100 qualifying charging station applications in each
228calendar year, requiring a maximum appropriation and funding by
229the state of $200,000 per year. Applications for the rebate
230shall be submitted to and administered by the center's Electric
231Drive Transportation Technologies Group, which must receive the
232application within 12 months after a charging station's
233installation date. Rebate payments shall be disbursed by the
234Department of Revenue upon notification and authorization of
235such payments by the Electric Drive Transportation Technologies
236Group.
237     (5)  REBATES FOR CONVERSION KITS CONFORMING TO FEDERAL
238GOVERNMENT STANDARDS.--
239     (a)  Beginning July 1, 2009, and through December 31, 2013,
240a purchaser of a qualifying conversion kit that converts the
241purchaser's automobile to a highway-capable all-electric or
242plug-in hybrid electric automobile shall be eligible to apply
243for a one-time $2,000 rebate from the state within 12 months
244after the date of a conversion. The conversion kit must have
245been purchased and installed at a qualifying kit manufacturer's
246authorized installation facility in this state, which facility
247must be certified by the qualifying kit manufacturer. The
248conversion kit must be a vehicle and model-specific aftermarket
249conversion kit, with a battery pack capacity of at least 5
250kilowatt-hours, calculated at the battery manufacturer's 1-hour
251discharge rate, to convert either a gasoline or gasoline-
252electric hybrid automobile into either an all-electric or plug-
253in hybrid electric automobile, for which the converted vehicle
254has been tested and certified as:
255     1.  Conforming to National Highway Traffic Safety
256Administration Federal Motor Vehicle Safety Standards.
257     2.  Maintaining conformance for the converted vehicle to
258the same United States Environmental Protection Agency emissions
259standards as that of the unconverted vehicle.
260     (b)  Applications for the rebate shall be submitted to and
261administered by the center's Electric Drive Transportation
262Technologies Group, which must receive the application within 12
263months after the date of conversion. Rebate payments shall be
264disbursed by the Department of Revenue upon notification and
265authorization of such payments by the Electric Drive
266Transportation Technologies Group.
267     (c)  A photocopy of the converted vehicle's valid and
268current registration must be submitted with the application for
269the rebate.
270     (d)  Only the owner of the vehicle at the time of
271conversion shall be eligible for the rebate. Subsequent owners
272of the converted vehicle are not eligible for the rebate. As the
273rebate program administrator, the center's Electric Drive
274Transportation Technologies Group shall maintain a registry of
275the vehicle identification numbers of converted vehicles for
276which a rebate has been paid in order to prevent duplicate
277applications for the same vehicle by subsequent owners, which
278shall be denied.
279     (e)  The rebate program shall be capped and limited to the
280first 100 qualifying converted vehicles in each calendar year,
281requiring a maximum appropriation and funding by the state of
282$200,000 per year.
283     (6)  ANNUAL MOTOR VEHICLE LICENSE TAX.--Notwithstanding any
284other provision of law, all electric and plug-in hybrid motor
285vehicle license taxes provided for pursuant to ss. 320.08 and
286320.08001 shall not apply to the initial registration of a new
287vehicle and for 4 subsequent years of registration renewals
288thereafter.
289     (7)  ADMINISTRATIVE COSTS.--
290     (a)  It is estimated that the center's administrative costs
291relating to this section will require the appropriation and
292funding of an additional $200,000 per year, which shall be
293specifically designated for and committed to the center's
294Electric Drive Transportation Technologies Group, supplemental
295to Florida Solar Energy Center's general budget.
296     (b)  It is estimated that the Department of Revenue's
297administrative costs relating to this section will require the
298appropriation and funding of an additional $5,000 per year.
299     Section 2.  (1)  The sum of $200,000 per year for fiscal
300years 2009-2010 through 2015-2016 is appropriated from the
301General Revenue Fund to the Department of Revenue to administer
302subsection (4) of section 1.
303     (2)  The sum of $200,000 per year for fiscal years 2009-
3042010 through 2012-2013 is appropriated from the General Revenue
305Fund to the Department of Revenue to administer subsection (5)
306of section 1.
307     (3)  The sum of $200,000 per year for fiscal years 2009-
3082010 through 2018-2019 is appropriated from the General Revenue
309Fund to the Florida Solar Energy Center to administer paragraph
310(7)(a) of section 1.
311     (4)  The sum of $5,000 per year for fiscal years 2009-2010
312through 2015-2016 is appropriated from the General Revenue Fund
313to the Department of Revenue to administer paragraph (7)(b) of
314section 1.
315     Section 3.  This act shall take effect July 1, 2009.


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