1 | A bill to be entitled |
2 | An act relating to financial incentives for electric |
3 | vehicles; providing definitions; exempting certain |
4 | categories of electric vehicles and components from the |
5 | tax on sales, use, and other transactions and certain |
6 | motor vehicle title transfer, registration, and tag fees |
7 | for a certain time; specifying criteria; providing for |
8 | issuance of qualifying compliance certificates by the |
9 | Florida Solar Energy Center; providing for credits against |
10 | the corporate income tax for certain fleets of certain |
11 | categories of vehicles and components for a certain time; |
12 | providing criteria; providing fleet requirements; |
13 | providing for issuance of qualifying compliance |
14 | certificates by the Florida Solar Energy Center; providing |
15 | vehicle certification requirements; providing compliance |
16 | certificate maintenance, availability, and corporate tax |
17 | return requirements for taxpayers; providing for carrying |
18 | forward unused tax credits under certain circumstances; |
19 | authorizing taxpayers to elect the order of claiming the |
20 | tax credit; specifying a mutual exclusion against claiming |
21 | the tax credit or taking a deduction for the same vehicle; |
22 | authorizing the Department of Revenue and the Florida |
23 | Solar Energy Center's Electric Drive Transportation |
24 | Technologies Group to adopt rules; providing for a one- |
25 | time rebate for a certain time to certain entities that |
26 | install, operate, and maintain certain qualifying public |
27 | charging stations for certain vehicles; specifying |
28 | criteria; limiting the number of rebates per year; |
29 | providing application requirements; providing for a one- |
30 | time rebate for a certain time to persons who convert |
31 | their automobile to a certain type of electric or hybrid |
32 | electric automobile; specifying criteria; providing |
33 | application requirements; specifying eligibility |
34 | requirements and limitations; limiting the number of |
35 | rebates per year; exempting certain new vehicle |
36 | registrations from motor vehicle license taxes for a |
37 | certain time; providing for administrative costs of the |
38 | center; providing appropriations; providing an effective |
39 | date. |
40 |
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41 | Be It Enacted by the Legislature of the State of Florida: |
42 |
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43 | Section 1. (1) DEFINITIONS.--For the purposes of this |
44 | section, the term: |
45 | (a) "Automobile" means a car or light truck, including |
46 | minivan, sports utility vehicle, or pickup truck, with 4 wheels |
47 | and 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 |
50 | sustained 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 |
53 | following categories of electric vehicles and electric vehicle |
54 | components are exempt from the taxes imposed by chapter 212, |
55 | Florida Statutes, as well as from all applicable fees that are |
56 | payable to any county or state revenue or motor vehicle office |
57 | upon application for title transfer, registration, and tags: |
58 | 1. Highway-capable all-electric or plug-in hybrid electric |
59 | automobiles, either as original production or converted electric |
60 | vehicles, having a battery pack capacity of at least 10 |
61 | kilowatt-hours, calculated at the battery manufacturer's 1-hour |
62 | discharge rate. |
63 | 2. The following components designed and manufactured for |
64 | highway-capable all-electric and plug-in hybrid electric |
65 | automobiles: |
66 | a. Electric propulsion motors with a continuous power |
67 | rating of at least 13 kilowatts and a peak power rating of at |
68 | least 34 kilowatts. |
69 | b. Direct current electric motor controllers and |
70 | integrated alternating current electric motor |
71 | inverter/controllers having: |
72 | (I) A maximum input voltage from the battery pack to the |
73 | controller that is at least 280 volts direct current. |
74 | (II) A maximum input current from the battery pack to the |
75 | controller that is at least 60 amperes direct current. |
76 | c. Battery chargers having a maximum output charging |
77 | voltage of at least 350 volts direct current and a maximum |
78 | output charging current of at least 8 amperes direct current. |
79 | d. Lithium-ion, lithium-polymer, and nickel-metal-hydride |
80 | batteries, consisting of individual cells of at least 40 amp- |
81 | hours capacity, specified at the battery manufacturer's 1-hour |
82 | discharge rate, when such batteries are purchased in an |
83 | aggregate volume of at least 10 kilowatt-hours, calculated at |
84 | the battery manufacturer's 1-hour discharge rate. |
85 | e. Vehicle and model-specific aftermarket conversion kits, |
86 | with a battery pack capacity of at least 5 kilowatt-hours, |
87 | calculated at the battery manufacturer's 1-hour discharge rate, |
88 | to convert either a gasoline or gasoline-electric hybrid |
89 | automobile into a highway-capable all-electric or plug-in hybrid |
90 | electric automobile, for which the converted vehicle has been |
91 | tested and certified as: |
92 | (I) Conforming to National Highway Traffic Safety |
93 | Administration Federal Motor Vehicle Safety Standards. |
94 | (II) Maintaining conformance for the converted vehicle to |
95 | the same United States Environmental Protection Agency emissions |
96 | standards as that of the unconverted vehicle. |
97 | (b) Qualifying compliance certificates shall be issued for |
98 | each individual vehicle, to each individual vehicle purchaser or |
99 | applicant for title transfer, registration, and tags, at the |
100 | time of such purchase transaction or application, by the |
101 | center's Electric Drive Transportation Technologies Group |
102 | through its designated regional inspection offices, which |
103 | offices shall be selected by and operated under the supervision |
104 | and direction of the Electric Drive Transportation Technologies |
105 | Group. |
106 | (3) TAX CREDITS FOR CORPORATE FLEETS.-- |
107 | (a) Any corporation located and doing business in this |
108 | state that files and pays the corporate income tax imposed by |
109 | chapter 220, Florida Statutes, and operates within the state a |
110 | fleet of 10 or more qualifying highway-capable all-electric or |
111 | plug-in hybrid electric automobiles is entitled to an annual tax |
112 | credit of $1,000 per vehicle per year for each qualifying |
113 | vehicle each year, beginning July 1, 2009, through June 30, |
114 | 2014. Qualifying vehicles are defined as those satisfying one of |
115 | the following categories: |
116 | 1. Highway-capable all-electric or plug-in hybrid electric |
117 | automobiles, either as original production or converted electric |
118 | vehicles, having a battery pack capacity of at least 10 |
119 | kilowatt-hours, calculated at the battery manufacturer's 1-hour |
120 | discharge rate. |
121 | 2. Highway-capable all-electric or plug-in hybrid electric |
122 | automobiles that have been converted using conversion kits |
123 | conforming to Federal Government standards, that are vehicle and |
124 | model-specific aftermarket conversion kits, with a battery pack |
125 | capacity of at least 5 kilowatt-hours, calculated at the battery |
126 | manufacturer's 1-hour discharge rate, to convert either a |
127 | gasoline or gasoline-electric hybrid automobile into a highway- |
128 | capable all-electric or plug-in hybrid electric automobile, for |
129 | which the converted vehicle has been tested and certified as: |
130 | a. Conforming to National Highway Traffic Safety |
131 | Administration Federal Motor Vehicle Safety Standards. |
132 | b. Maintaining conformance for the converted vehicle to |
133 | the same United States Environmental Protection Agency emissions |
134 | standards as that of the unconverted vehicle. |
135 | (b) A fleet may consist of any combination of vehicles |
136 | that qualify under subparagraph (a)1. or subparagraph (a)2. In |
137 | order to be counted in the fleet total, a qualifying vehicle |
138 | must have valid and current Florida registration and tags. |
139 | (c) Qualifying compliance certificates shall be issued for |
140 | each individual vehicle for which the credit is claimed by the |
141 | center's Electric Drive Transportation Technologies Group |
142 | through its designated regional inspection offices, which |
143 | offices shall be selected by and operated under the supervision |
144 | and direction of the Electric Drive Transportation Technologies |
145 | Group. |
146 | (d) Corporations operating fleets of fewer than 10 |
147 | qualifying vehicles within the state are not eligible for the |
148 | tax credit. |
149 | (e) Each individual vehicle for which the corporate income |
150 | tax credit is claimed must be certified as qualifying for the |
151 | credit by the center's Electric Drive Transportation |
152 | Technologies Group through the issuance of a qualifying |
153 | compliance certificate. |
154 | (f) The taxpayer shall maintain possession of the original |
155 | qualifying compliance certificate for each individual vehicle |
156 | and shall make such original certificate available for |
157 | inspection by the Department of Revenue upon request. The |
158 | taxpayer must attach to its corporate income tax return, for |
159 | submission to the Department of Revenue, a photocopy of each |
160 | qualifying compliance certificate for each qualifying vehicle in |
161 | its fleet for which the corporate income tax credit is being |
162 | claimed for each year the taxpayer claims the credit, together |
163 | with a photocopy of each qualifying vehicle's valid and current |
164 | registration. The corporate tax return must have attached to it |
165 | a minimum of at least 10 such qualifying compliance certificate |
166 | photocopies and accompanying registration photocopies, each one |
167 | of which is for a separate vehicle with a distinct and different |
168 | vehicle identification number in order to be eligible to claim |
169 | the credit. For each qualifying vehicle, the vehicle |
170 | identification number on the qualifying compliance certificate |
171 | photocopy must match that on the accompanying valid and current |
172 | registration photocopy for such vehicle. |
173 | (g) If a taxpayer does not have sufficient tax liability |
174 | to claim all of the credit in the year the credit is granted, |
175 | the unused portion of the aggregate credit may not be refunded |
176 | but may be carried forward by the taxpayer to subsequent tax |
177 | years. |
178 | (h) Notwithstanding s. 220.02(8), Florida Statutes, the |
179 | taxpayer may claim the credit in whichever order the taxpayer |
180 | chooses, relative to other credits that are to be claimed, |
181 | against corporate income tax. |
182 | (i) If the taxpayer claims the corporate income tax credit |
183 | for a qualifying vehicle, the taxpayer may not take a deduction |
184 | for that vehicle. If the taxpayer takes a deduction for a |
185 | qualifying vehicle, the taxpayer may not claim the corporate |
186 | income tax credit for that vehicle. |
187 | (j) The Department of Revenue may adopt rules necessary to |
188 | administer the corporate income tax credit and the center's |
189 | Electric Drive Transportation Technologies Group may adopt rules |
190 | necessary to determine credit eligibility. |
191 | (4) REBATES FOR INSTALLATION OF PUBLIC CHARGING |
192 | STATIONS.-- |
193 | (a) Beginning July 1, 2009, and through December 31, 2016, |
194 | any business, commercial establishment, or academic, health |
195 | care, library, or other institution or any local, county, or |
196 | state governmental entity that installs, operates, and maintains |
197 | a qualifying public charging station for highway-capable |
198 | electric vehicles shall be eligible for a one-time $2,000 rebate |
199 | from the state for each individual charging station installed |
200 | within 12 months after the installation date. The location of |
201 | the electric vehicle charging station must be in a parking lot |
202 | or garage, or section thereof, that is open to the public, |
203 | without restriction. Electric vehicle charging stations |
204 | installed in parking lots and garages, or sections thereof, that |
205 | require permits or have other restrictions making them |
206 | inaccessible to the general public shall disqualify the public |
207 | charging station owner from eligibility for the $2,000 rebate. |
208 | Only the public charging station owner shall be eligible for the |
209 | rebate, not an installing contractor or an equipment or material |
210 | vendor, supplier, or consultant. In order to qualify for the |
211 | rebate, the electric vehicle charging station must satisfy all |
212 | of the following criteria: |
213 | 1. The charging station equipment must comply with |
214 | National Electrical Code Article 625 pertaining to 208 to 240 |
215 | volt public charging stations. |
216 | 2. The charging station equipment must conform to Society |
217 | of Automotive Engineers J1772 Standard for 208 to 240 volt |
218 | public charging stations. |
219 | 3. The charging station equipment must have an |
220 | Underwriters Laboratory listing. |
221 | 4. The charging station equipment must be capable of |
222 | operating at 208 to 240 volts alternating current input from the |
223 | electrical grid and have a capability of providing at least 24 |
224 | amperes to the electric vehicle at 208 to 240 volts alternating |
225 | current. |
226 | (b) The rebate program shall be capped and limited to the |
227 | first 100 qualifying charging station applications in each |
228 | calendar year, requiring a maximum appropriation and funding by |
229 | the state of $200,000 per year. Applications for the rebate |
230 | shall be submitted to and administered by the center's Electric |
231 | Drive Transportation Technologies Group, which must receive the |
232 | application within 12 months after a charging station's |
233 | installation date. Rebate payments shall be disbursed by the |
234 | Department of Revenue upon notification and authorization of |
235 | such payments by the Electric Drive Transportation Technologies |
236 | Group. |
237 | (5) REBATES FOR CONVERSION KITS CONFORMING TO FEDERAL |
238 | GOVERNMENT STANDARDS.-- |
239 | (a) Beginning July 1, 2009, and through December 31, 2013, |
240 | a purchaser of a qualifying conversion kit that converts the |
241 | purchaser's automobile to a highway-capable all-electric or |
242 | plug-in hybrid electric automobile shall be eligible to apply |
243 | for a one-time $2,000 rebate from the state within 12 months |
244 | after the date of a conversion. The conversion kit must have |
245 | been purchased and installed at a qualifying kit manufacturer's |
246 | authorized installation facility in this state, which facility |
247 | must be certified by the qualifying kit manufacturer. The |
248 | conversion kit must be a vehicle and model-specific aftermarket |
249 | conversion kit, with a battery pack capacity of at least 5 |
250 | kilowatt-hours, calculated at the battery manufacturer's 1-hour |
251 | discharge rate, to convert either a gasoline or gasoline- |
252 | electric hybrid automobile into either an all-electric or plug- |
253 | in hybrid electric automobile, for which the converted vehicle |
254 | has been tested and certified as: |
255 | 1. Conforming to National Highway Traffic Safety |
256 | Administration Federal Motor Vehicle Safety Standards. |
257 | 2. Maintaining conformance for the converted vehicle to |
258 | the same United States Environmental Protection Agency emissions |
259 | standards as that of the unconverted vehicle. |
260 | (b) Applications for the rebate shall be submitted to and |
261 | administered by the center's Electric Drive Transportation |
262 | Technologies Group, which must receive the application within 12 |
263 | months after the date of conversion. Rebate payments shall be |
264 | disbursed by the Department of Revenue upon notification and |
265 | authorization of such payments by the Electric Drive |
266 | Transportation Technologies Group. |
267 | (c) A photocopy of the converted vehicle's valid and |
268 | current registration must be submitted with the application for |
269 | the rebate. |
270 | (d) Only the owner of the vehicle at the time of |
271 | conversion shall be eligible for the rebate. Subsequent owners |
272 | of the converted vehicle are not eligible for the rebate. As the |
273 | rebate program administrator, the center's Electric Drive |
274 | Transportation Technologies Group shall maintain a registry of |
275 | the vehicle identification numbers of converted vehicles for |
276 | which a rebate has been paid in order to prevent duplicate |
277 | applications for the same vehicle by subsequent owners, which |
278 | shall be denied. |
279 | (e) The rebate program shall be capped and limited to the |
280 | first 100 qualifying converted vehicles in each calendar year, |
281 | requiring a maximum appropriation and funding by the state of |
282 | $200,000 per year. |
283 | (6) ANNUAL MOTOR VEHICLE LICENSE TAX.--Notwithstanding any |
284 | other provision of law, all electric and plug-in hybrid motor |
285 | vehicle license taxes provided for pursuant to ss. 320.08 and |
286 | 320.08001 shall not apply to the initial registration of a new |
287 | vehicle and for 4 subsequent years of registration renewals |
288 | thereafter. |
289 | (7) ADMINISTRATIVE COSTS.-- |
290 | (a) It is estimated that the center's administrative costs |
291 | relating to this section will require the appropriation and |
292 | funding of an additional $200,000 per year, which shall be |
293 | specifically designated for and committed to the center's |
294 | Electric Drive Transportation Technologies Group, supplemental |
295 | to Florida Solar Energy Center's general budget. |
296 | (b) It is estimated that the Department of Revenue's |
297 | administrative costs relating to this section will require the |
298 | appropriation and funding of an additional $5,000 per year. |
299 | Section 2. (1) The sum of $200,000 per year for fiscal |
300 | years 2009-2010 through 2015-2016 is appropriated from the |
301 | General Revenue Fund to the Department of Revenue to administer |
302 | subsection (4) of section 1. |
303 | (2) The sum of $200,000 per year for fiscal years 2009- |
304 | 2010 through 2012-2013 is appropriated from the General Revenue |
305 | Fund to the Department of Revenue to administer subsection (5) |
306 | of section 1. |
307 | (3) The sum of $200,000 per year for fiscal years 2009- |
308 | 2010 through 2018-2019 is appropriated from the General Revenue |
309 | Fund 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 |
312 | through 2015-2016 is appropriated from the General Revenue Fund |
313 | to the Department of Revenue to administer paragraph (7)(b) of |
314 | section 1. |
315 | Section 3. This act shall take effect July 1, 2009. |