Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 1318 Barcode 709308 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 05/04/2011 08:23 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bennett moved the following: 1 Senate Amendment (with title amendment) 2 3 Before line 13 4 insert: 5 Section 1. Sections 1-4 of this act may be cited as the 6 “Florida Qualified Energy Conservation Bond Allocation Act.” 7 Section 2. Purpose.—The purpose of sections 1-4 of this act 8 is to allocate the state volume limitation provided by s. 54D of 9 the code for qualified energy conservation bonds issued to 10 finance qualified conservation projects. A bond subject to the 11 limitations provided in s. 54D of the code may not be issued in 12 this state unless a written confirmation therefore is issued 13 pursuant to sections 1-4 of this act. 14 Section 3. Definitions.—As used in sections 1-4 of this 15 act, the term: 16 (1) “Code” means the Internal Revenue Code. 17 (2) “Department” means the Department of Environmental 18 Protection. 19 (3) “Eligible issuer” means any entity created by or 20 pursuant to the State Constitution or laws of the state which is 21 authorized under state law to issue bonds or enter into a lease 22 purchase agreement, or other entity in this state authorized to 23 issue qualified energy conservation bonds pursuant to the code. 24 (4) “Qualified energy conservation bond” means a bond 25 described in s. 54D(a) of the code. 26 (5) “Qualified conservation project” means a project 27 permitted to be financed pursuant to s. 54D(f) of the code. 28 Section 4. Allocation of state volume limitation.— 29 (1)(a) The department shall establish an allocation program 30 for allocating or reallocating the qualified energy conservation 31 bond volume limitation provided by s. 54D of the code. The 32 allocation program shall provide for all mandatory and 33 discretionary allocations required or permitted pursuant to the 34 code. All mandatory allocations pursuant to s. 54D(e)(2)(A) of 35 the code are hereby allocated to eligible issuers as provided 36 for therein. 37 (b) An eligible issuer receiving a mandatory allocation 38 pursuant to paragraph (a) may elect to reallocate all or any 39 portion of its allocation back to the state pursuant to s. 40 54D(e)(2)(B) of the code. 41 (c) The department may reallocate to eligible issuers in 42 the state, any allocation that was retained by the state from 43 the original federal allocation, or any allocation that is 44 waived by an eligible issuer pursuant to paragraph (b). Such 45 allocation shall be based on objective criteria established by 46 the department which must be considered in determining whether 47 to grant such discretionary requests for allocation, including, 48 but not limited to, the need for a qualified energy conservation 49 project in the area proposed in the application; the number of 50 persons to be served by such project; the cost-effectiveness of 51 the proposed project; the economic benefit to be gained from the 52 project to be financed; the number of jobs created or retained 53 due to the project, the duration of such jobs, and the estimated 54 annual wages for such jobs; the extent to which the jobs created 55 do not result in the reduction of jobs elsewhere in this state; 56 the environmental benefits of the project such as clean water, 57 clean air, or sustainable energy sources; the amount of 58 allocation required for the project relative to the economic 59 benefit of the project; and the level of economic need in the 60 area in which the project to be financed is located. 61 (d) Each eligible issuer receiving an allocation shall 62 notify the department in writing of the amount of bonds issued 63 and other information relating to the bonds or the allocation at 64 such time and in such manner as is required by the department. 65 (2) The department shall determine the amount of qualified 66 energy conservation bonds permitted to be issued in this state 67 under s. 54D of the code and shall make such information 68 available upon request to any person or agency. 69 70 ================= T I T L E A M E N D M E N T ================ 71 And the title is amended as follows: 72 Delete lines 2 - 3 73 and insert: 74 An act relating to economic development; creating the 75 Florida Qualified Energy Conservation Bond Allocation 76 Act; providing a purpose to allocate qualified energy 77 conservation bonds; providing definitions; providing 78 for the allocation of qualified energy conservation 79 bonds; amending s.